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INDONESIA
Jurnal Ilmiah Penegakan Hukum
Published by Universitas Medan Area
ISSN : 2355987X     EISSN : 2622061X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Penegakan Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law
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Articles 328 Documents
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Harmonisasi Hukum Pidana dan Kearifan Lokal dalam Penanggulangan Kebakaran Hutan dan Lahan di Kalimantan Barat Ramadhan, Adam; Rahman, Adi Nur
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16643

Abstract

This study analyzes the effectiveness of the implementation of positive criminal law and the challenges of legal harmonization in addressing forest and land fires (karhutla) in West Kalimantan, as well as formulates a harmonization model based on legal pluralism. The research employs a qualitative approach with interactive analysis through interviews with six regional officials and a review of legal documents. This model is expected to promote a more inclusive and sustainable legal approach and enrich the theory of legal pluralism through locality-based legal harmonization. The findings indicate that the application of Article 108 of the Environmental Protection and Management Act (UUPPLH) remains discriminatory, as most of those prosecuted are indigenous farmers, even though most of the fire hotspots originate from concession areas. This situation is influenced by the ambiguity of the term “local wisdom” and weak inter-agency coordination. The study proposes a Trisubstantial Harmonization Model, which includes strengthening the legal structure, revising legal substance, and fostering a legal culture.
Komparasi Hukum Atas Hak dan Kewajiban Buruh menurut UU No 13 Tahun 2003 tentang Ketenagakerjaan dan Undang-Undang No.6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang No.2 Tahun 2022 tentang Cipta Kerja menjadi Undang-Undang Shanti Mayasari Aritonang; Akiruddn Ahmad; Zuhri Arif
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 2 (2025): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i2.16833

Abstract

Labor rights in Indonesia are normatively regulated in Law No. 13 of 2003 concerning Manpower. However, the dynamics of national economic development and demands for an improved investment climate have prompted the enactment of Law No. 6 of 2023 concerning the Stipulation of the Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation into law, fundamentally reconstructing labor regulations through an omnibus law approach. The presence of this regulation has sparked legal and sociological debate regarding the extent to which protection of workers' rights and obligations has been strengthened or reduced compared to the previous labor law regime. This study aims to comprehensively analyze the provisions on workers' rights and obligations and the forms of legal protection under Law No. 13 of 2003 and Law No. 6 of 2023. The research method used is normative legal research with statutory, comparative, and analytical approaches. This research was conducted by systematically examining the legal norms governing labor and then comparing the substance of the regulations in both laws to identify similarities, differences, and their legal implications for labor protection. The research findings indicate a significant paradigm shift in the regulation of workers' rights and obligations. The Job Creation Law amends and eliminates several key provisions in the Manpower Law, particularly those related to minimum wages, severance pay, layoffs, outsourcing, leave and rest periods, work duration, the use of foreign workers, social security, and fixed-term contracts (PKWT). From a legal protection perspective, the employment cluster in the Job Creation Law tends to accommodate the interests of business flexibility and economic efficiency, which in turn has implications for reducing the level of normative protection for workers.
Urgensi Pembentukan Peraturan Daerah Kawasan Tanpa Rokok untuk Mewujudkan Lingkungan Bersih dan Sehat di Simalungun Desiana Sirait; Ronny Andre Chistian Naldo; Muldri P. J Pasaribu
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.17550

Abstract

This study analyzes the urgency of establishing a Regional Regulation on Smoke-Free Areas in Simalungun Regency and the legal responsibility arising from its unrealized formation. This research uses normative legal method with statutory and conceptual approaches. Data were obtained from primary, secondary, and tertiary legal materials, supported by relevant field information. The findings show that the formation of a Smoke-Free Area Regulation has a juridical basis in Article 443 paragraph (1) of Government Regulation Number 28 of 2024 and is related to the fulfillment of public rights to health and a clean and healthy environment. Its urgency lies in the need to provide an operational legal basis for regulating, supervising, guiding, and enforcing smoke-free areas. However, legal responsibility remains limited because there is no explicit sanction for local government or regional parliament that has not followed up the mandate. This condition indicates the need for clearer regulatory enforcement mechanisms locally.
Analisis Komparatif Penolakan Hak Waris dalam Perspektif Hukum Islam (KHI) dan KUHPerdata di Indonesia Iftina Tristya Sari; Al Qodar Purwo Sulistyo
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.17725

Abstract

This study aims to comparatively analyze the regulation of the renunciation of inheritance rights under Islamic Law, as codified in the Compilation of Islamic Law (KHI), and under Civil Law, as regulated in the Indonesian Civil Code (KUHPerdata). These two legal systems coexist in Indonesia and provide distinct frameworks for heirs to renounce inheritance, in terms of the legal basis, procedures, and consequences. This research employs a normative juridical method, drawing on statutory and comparative approaches and supported by primary and secondary legal materials. The findings indicate that under the Civil Code, renunciation of inheritance must be explicitly declared before a District Court and is absolute, resulting in the heir being considered never to have existed in the line of succession. In contrast, under KHI, renunciation is effected through the mechanism of takharuj, based on mutual agreement among heirs, without eliminating the heir's legal status. These differences significantly affect inheritance rights, especially concerning the descendants of the renouncing heir. This study highlights that the Civil Code emphasizes legal certainty and individual protection, whereas Islamic Law prioritizes deliberation, equity, and family protection.
Dilema Pasal 88 UNCLOS 1982: Antara Tujuan Damai dan Mobilisasi Militer di Laut Lepas Nabil Zaidan Hermawan
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.17942

Abstract

This article aims to analyze the normative ambiguity of Article 88 UNCLOS 1982 concerning "peaceful purposes" on the high seas, particularly when confronted with modern military technology advancements. The problem focuses on the absence of an operational definition of "peaceful purposes" capable of distinguishing military navigation freedom (Article 87) from the threat of force prohibited by Article 2(4) of the UN Charter. The research gap is that the classic debate between Oxman (restrictive) and Francioni (permissive) both ignore contemporary technological realities, where even the passive presence of a combat fleet can create a coercive effect. To approach this problem, a normative legal method is used with statutory, conceptual, and case approaches. Primary legal materials are analyzed qualitatively through grammatical, systematic, and teleological interpretations. The novelty of this research is the proposal of a robust interpretation of Article 88, which prohibits not only open aggression but also offensive military mobilization that creates a latent threat. This study concludes that the presence of stealth nuclear submarines and long-range cruise missiles on the high seas has blurred the boundary between passive activity and active threat, thus Article 88 must be interpreted robustly. Recommendations include the need for multilateral negotiations to formulate interpretative Guidelines under ITLOS and strengthening the due regard obligation.
Implikasi Restorative Justice dalam Tindak Pidana Pencurian terhadap Over Kapasitas Lembaga Pemasyarakatan Dwi Lulu Afsan Saputra; Yusuf Saefudin; Selamat Widodo; Indriati Amarini
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.17959

Abstract

Criminal justice practices in Indonesia are still dominated by imprisonment, including in theft cases, which contributes to the overcapacity of correctional institutions and is not fully oriented towards redressing victims' losses. This study aims to analyze the application of restorative justice in theft cases based on the Indonesian criminal law framework, examine its relevance from a progressive legal perspective, and examine its implications for efforts to reduce correctional overcapacity. The study uses a normative legal method with a statutory approach and a conceptual approach through literature review. The results show that restorative justice has normative legitimacy in the Indonesian criminal law system through the new Criminal Code and various implementing regulations that emphasize redressing victims' losses, perpetrator responsibility, and peaceful conflict resolution. The application of restorative justice is also in line with progressive legal theory because it positions law as an instrument for realizing substantive justice and social benefits. The novelty of this study lies in the analysis of the relationship between restorative justice in theft cases, a progressive legal perspective, and its contribution to overcoming correctional overcapacity as part of the reform of the criminal system in Indonesia.
Pertanggungjawaban Pidana atas Keracunan Makanan dalam Program Makan Bergizi Gratis (MBG): Analisis Asas Kausalitas dan Pertanggungjawaban Korporasi Anesa Megawati Purada Siringoringo; Aristoteles Aristoteles; Claudia Yuni Pramita; Kristian Kristian
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.17963

Abstract

The Free Nutritious Meal Program (MBG) is a government policy aimed at improving public nutrition and reducing stunting rates. However, its implementation has the potential to pose a risk of food poisoning, which can impact public health. This study aims to analyze the provisions of criminal liability for food poisoning in the implementation of the MBG Program and determine legal subjects who can be held criminally accountable. This study uses a normative legal research method with a legislative approach and a conceptual approach. This research is motivated by the normative gap in Presidential Regulation Number 83 of 2024 and Presidential Regulation Number 115 of 2025, which do not yet regulate in detail the mechanism of criminal liability in the event of food poisoning in the MBG Program. The results of the study indicate that criminal liability can be based on the provisions of the Criminal Code, the Food Law, and the Health Law through the application of the principle of causality to determine the relationship between actions and their consequences. In addition to individuals, corporations as food providers can be held criminally accountable through a strict liability approach if harm to public health arises from food products that do not meet safety standards. The application of criminal penalties is carried out while still observing the principle of ultimum remedium. This research contributes to the development of food criminal law and strengthening legal protection for the community in the implementation of the MBG Program, and recommends strengthening criminal liability regulations in the implementation of the program.
Rekonstruksi Hukum Kewarisan dan Harta Bersama Berbasis Keadilan Gender Mohammad Nur Salim; Isnatin Ulfah
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.18128

Abstract

Islamic family law in Indonesia faces challenges in adapting inheritance law and marital property distribution to contemporary social changes. Problems arise when wives become the primary breadwinners or bear dual domestic and public responsibilities, while existing legal provisions continue to apply formalistic distribution mechanisms. This study aims to analyze gender inequality in inheritance and marital property distribution and examine the relevance of substantive justice principles in resolving such disputes. This research employs normative legal research methods using statutory, conceptual, and gender analysis approaches. The legal materials consist of the Compilation of Islamic Law, court decisions, and relevant legal and gender literature. The findings indicate that several religious court decisions have adopted progressive approaches by granting a larger proportion of marital property to wives based on their economic and domestic contributions during marriage. This approach is consistent with the concepts of Qira’ah Mubadalah and Syirkah Abdan, which position husband and wife relations as proportional partnerships. This study concludes that the reconstruction of inheritance and marital property law is necessary to realize substantive justice that is responsive to changing gender roles in contemporary families.
Kedudukan dan Kewenangan Dewan Komisaris dalam Two-Tier Board System: Evaluasi Efektivitas Pengawasan Berdasarkan UUPT Bagus Firman Wibowo; Revi fauzi Putra Mina
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 2 (2026): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i2.17581

Abstract

This study examines the position and authority of the Board of Commissioners within the framework of the two-tier board system as stipulated in Law Number 40 of 2007 concerning Limited Liability Companies (UUPT) and its amendments through Law Number 6 of 2023 concerning the Stipulation of the Perppu on Job Creation. The main issues examined include the extent to which the normative construction of the UUPT is able to effectively operationalize the supervisory function of the Board of Commissioners, as well as the structural obstacles that weaken this effectiveness in Indonesian corporate practice. The study uses a normative juridical method with a statutory, conceptual, and comparative approach. The analysis was conducted on the norms of the UUPT, regulations of the Financial Services Authority (OJK), the principles of corporate law, and governance practices in several jurisdictions that adopt dual and single board systems. The results of the study reveal three main findings: first, the normative design of the UUPT places the Board of Commissioners in a passive, reactive supervisory position, rather than an active, proactive supervisor, thus creating structural gaps in management oversight; second, provisions regarding the independence of independent commissioners are not equipped with an effective enforcement mechanism, making them vulnerable to dominance by majority shareholders; and third, the boundaries of authority between supervision (Board of Commissioners) and management (Board of Directors) often become blurred in practice, giving rise to intraorganic jurisdictional conflicts that weaken the company's accountability and strengthen the inquisitorial authority of the Board of Commissioners, codify measurable independence standards, and clarify the boundaries of authority between company organs.
HAM Sebagai Superior Norms Dalam Pembatasan Hak Veto Anggota Tetap Dewan Keamanan PBB Freidelino P.R.A. de Sousa; Rima Saputri
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.14150

Abstract

This study aims to provide a normative justification for limiting the use of the veto power by the permanent members of the United Nations Security Council based on human rights as superior norms in international law. The veto power, as enshrined in Article 27(3) of the UN Charter, grants privileged authority to The Five permanent members to block draft Security Council resolutions. In practice, this power has been exercised to reject resolutions that even seek to address the protection of human rights. The absence of clear normative constraints on the exercise of the veto has consequently generated fundamental legal tensions when such authority conflicts with the protection of human rights. Accordingly, this study advances the argument that human rights norms, as hierarchically superior norms within international law, must operate as a normative basis for restricting the legitimacy of veto usage in the practice of the Security Council. This research adopts a normative legal methodology employing a conceptual approach, examining the relevant legal concepts of human rights and veto power within the framework of international law.

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