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Jurnal Hukum Prasada
Published by Universitas Warmadewa
ISSN : 2337795X     EISSN : 25484524     DOI : https://doi.org/10.22225
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL HUKUM PRASADA is a peer-reviewed international law journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge.It aims is to provide a place for academics and practitioners to publish original research articles, review articles, and book reviewsThe scope of this journal area any topics concerning Legal Studies and Human Rights in all aspects. Scientific articles dealing with Civil Law, Indonesian Law, Business Law, Constitutional Law, Criminal Law, Administrative Law, International Law, Philoshopy of Law, and Human Rights are particularly welcome. This journal published by Warmadewa University two times a year in march, and november by Warmadewa University Press.
Arjuna Subject : -
Articles 157 Documents
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Ius Constituendum: Justice Concept for Substitute Heirs in Lateral Descendance under the Compilation of Islamic Law Atis Ika Ernawati; Z. Zuhrah; I. Iksan
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.13.1.2026.28-36

Abstract

The Compilation of Islamic Law (KHI) regulates substitute heirs only for the direct descending line, as stipulated in Article 185, thereby creating a legal vacuum for relatives in the lateral line of descent, such as siblings or nephews. This study aims to analyze the normative weaknesses in the regulation of substitute heirs under the KHI, examine the relevance of granting substitution rights to the lateral line of descent based on principles of justice and public interest (maslahah), and formulate a more responsive model of ius constituendum. This research employs a normative legal method with statutory, conceptual, and comparative approaches. Primary legal materials include the KHI, relevant regulations, and classical as well as contemporary fiqh literature, which are analyzed qualitatively. The findings indicate that the limitations of Article 185 of the KHI fail to accommodate the increasingly diverse family structures of contemporary Indonesian society. Comparative studies of inheritance systems in several Muslim countries and the views of contemporary scholars reveal the existence of ijtihad space to expand the scope of substitute heirs. This research proposes a ius constituendum concept in the form of extending the provisions on substitute heirs to include the lateral line of descent, while remaining grounded in the principles of maq??id al-shar??ah. The implication of this study is the necessity to reform the KHI in order to realize distributive justice in Islamic inheritance law in Indonesia.
The Probative Power of Deepfake-Based Electronic Evidence in Fraud Crimes Wahyu Slamet Permadi; Aries Isnandar; Yogi Prasetyo
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.13.1.2026.37-45

Abstract

Advances in artificial intelligence technology, especially deepfakes, pose serious problems for the system of evidence in criminal law, particularly in the handling of digital-based fraud. Audio and visual manipulation that increasingly resembles authentic conditions has the potential to undermine the authenticity and integrity of electronic evidence, increase the possibility of misrepresentation, and hinder efforts to achieve material truth and legal certainty. This study aims to analyze the legal position and evidentiary value of deepfake-based electronic evidence in criminal fraud cases according to the Indonesian positive law framework, as well as to formulate a model for assessing the reliability of electronic evidence that is responsive to the dynamics of artificial intelligence development. This research uses a normative legal research method through a legislative, conceptual, and comparative approach. Primary and secondary legal materials are analyzed qualitatively through a review of national norms regarding electronic evidence and a comparison of digital evidence practices in a number of other jurisdictions. The findings of the study show that normative recognition of electronic evidence in Indonesian criminal procedure law is already available, while technical regulations related to authentication and evaluation of the reliability of artificial intelligence-based electronic evidence, particularly deepfakes, have not been specifically formulated. The absence of specific technical regulations weakens the material strength of evidence and places the assessment of judges and digital forensic experts as the main determining factors. The urgency of strengthening criminal procedure law is emphasized through the application of the Electronic Evidence Reliability Framework (EERF), which integrates digital forensic verification, metadata validation, and the continuity of the chain of custody of electronic evidence to ensure justice, legal certainty, and the protection of the rights of the parties in the criminal justice process.
Resolution of Dispute Resolution on the Status of Child Adoption Deeds by PTUN Serang Muhammad Dzul Faqar; Nurikah Nurikah; Ahmad Rayhan
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.13.1.2026.46-54

Abstract

This study aims to analyze the decision of the Serang State Administrative Court Number 31/G/2023/PTUN. SRG in a dispute over the adoption deed of a child arising from maladministration of the inclusion of status on the deed. The problem focuses on the misapplication of the law by state administrative officials and the position of PTUN decisions as a guideline for resolving administrative disputes based on the principle of contrarius actus, which is the authority of TUN officials who issue decisions to cancel or correct. This study uses an empirical juridical method with a qualitative approach. Data was obtained through a study of documents on court decisions and laws and regulations that were the basis for the judge's consideration, as well as interviews with the Serang PTUN judge who was involved in the examination of the case. The analysis was conducted to assess the suitability between legal norms and their application in population administration practices. The results of the study show that the court decision provides legal certainty to the plaintiff for the error in the inclusion of status in the child adoption certificate. Based on the principle of contrarius actus, officials of the Population and Civil Registration Office are obliged to correct administrative errors, as well as deactivate and revoke Decree Number 474.1/819-Cs/1999 concerning the birth certificate concerned. This decision affirms the importance of TUN officials' compliance with the principles of legality and protection of citizens' rights in the implementation of state administration.
Ideal Model of Gorontalo Regional Land Asset Management to Prevent Disputes and Ensure Legal Certainty Julia Kristi Karepoan; Zamroni Abdussamad; Erman I. Rahim
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.13.1.2026.64-73

Abstract

Regional property (BMD) plays a strategic role in governance and fulfilling constitutional rights, yet in Gorontalo province, land assets frequently become dispute objects, threatening governance stability and development. This study critically analyzes BMD land asset management regulations within the legislative hierarchy and formulates an ideal dispute prevention model based on good governance principles. Using a juridical-normative method with statutory, conceptual, and case approaches examining disputes over Djalaluddin Airport and the Student Education and Training Center, plus BPK audit results the research reveals that current regulations remain administrative and fragmentary. They fail to mandate binding deadlines for land certification, require integrated databases between local governments and BPN, or establish preventive asset audits as security instruments, enabling recurring, costly disputes. This article proposes a four-pillar model: mandatory certification with deadlines, a digital Integrated Asset Information System, annual preventive audits, and massive legal counseling. Normatively compatible with existing laws, this model offers practical potential to reduce disputes, ensure legal certainty, and optimize regional land asset utilization.
Civil Liability of Directors and Board of Commissioners for Startup Bankruptcy from the Perspective of Indonesian Positive Law Sukma Asmarandani Ramelan; Fence M. Wantu; Weny Almoravid Dungga
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.13.1.2026.55-63

Abstract

Despite growing scholarly attention to corporate insolvency in Indonesia, the civil liability of startup directors and boards of commissioners remains inadequately theorized within the specific context of high-risk, innovation-driven enterprises. This study examines the construction of civil liability of directors and boards of commissioners in startup bankruptcy under Indonesian positive law, with particular focus on the proportional application of limited liability principles, the business judgment rule, and the supervisory function. Using a normative legal method with statutory and conceptual approaches, this study draws on Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 37 of 2004 concerning Bankruptcy and PKPU, the Civil Code, and relevant legal doctrines. Unlike prior studies that examine corporate insolvency broadly or through comparative frameworks, this research specifically interrogates the normative adequacy of existing instruments when applied to the startup ecosystem's distinctive risk profile. The findings indicate that civil liability of corporate organs is not automatic upon bankruptcy but is contingent upon proven fault or negligence causally linked to the insufficiency of bankruptcy assets. This confirms that Indonesian corporate law possesses a principled framework to distinguish normal business failure from governance failure. As a practical implication, this study recommends that courts and regulators adopt clearer evidentiary thresholds for applying Article 97 and Article 115 of the Company Law in startup contexts, and that startup governance guidelines be developed to operationalize the business judgment rule as a safeguard against disproportionate liability exposure thereby preserving Indonesia's innovation ecosystem without compromising accountability.
An Analysis of the Endogamous Marriage of the Ahmadiyya Jama'at as a Minority Islamic Group: The Perspective of Maqasid al-Syari'ah Jamaluddin 'Atiyyah Muhammad Waliyuddin Yusuf; Moh. Wahib; Athifa Aulia Fika Navila
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.13.1.2026.74-84

Abstract

This study examines the practice of endogamous marriage within the Ahmadiyya Jama'at as a minority Islamic community in Indonesia through the framework of Maqasid al-Syari‘ah formulated by Jamaluddin ‘Atiyyah. The research is grounded in the socio-religious reality that endogamy functions as a strategic mechanism to preserve religious identity, reinforce internal solidarity, and ensure community continuity amid stigma, discrimination, and pressure from the mainstream Muslim population. However, this practice also raises normative concerns, particularly regarding potential limitations on individual autonomy in spouse selection, internal power relations, gender implications, and its broader impact on justice and welfare in Islamic legal thought. Using normative legal research with a qualitative library-based approach, this study analyzes classical and contemporary maq??id literature, Islamic family law, and relevant scholarly works. The findings indicate that Ahmadiyya endogamous marriage generally aligns with family-oriented maq??id, especially in protecting religion (?if? ad-d?n), preserving lineage (?if? an-nasl), safeguarding nasab, maintaining marital harmony, ensuring institutional family stability, and supporting economic security. Nevertheless, potential mafsadat may arise when the practice is applied coercively or undermines individual dignity and freedom of choice. The study emphasizes the importance of safeguarding free consent, protecting individual rights within minority communities, and promoting proportional and ethical implementation. For policymakers, a maq??id-based evaluative approach may help ensure that minority religious practices remain consistent with principles of justice, non-discrimination, religious freedom, and human rights within the national legal framework.
Legal Certainty Regarding the Employment Period of Foreign Workers in Indonesia Komang Anggie Trisna Yunita
Jurnal Hukum Prasada Vol. 13 No. 1 (2026): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.13.1.2026.85-93

Abstract

The use of foreign workers in Indonesia is expected to improve the quality of Indonesian workers, but in reality, the number of foreign workers entering Indonesia has actually reduced job opportunities for Indonesian workers. Inconsistent regulations have caused violations in the use of foreign workers, particularly regarding the duration of foreign worker employment, which is currently contradictory. PP 34/2021 limits the extension period for foreign workers in Indonesia to a maximum of 2 (two) years and a maximum of 5 (five) years for foreign workers in Special Economic Zones. However, Minister of Manpower Regulation No. 8/2021 stipulates something different, namely that the extension of the use of foreign workers can be extended in accordance with immigration laws and regulations. This study aims to provide legal certainty regarding which regulations should be applied to determine the length of employment for foreign workers in Indonesia. This study uses a normative legal research method with a regulatory approach and a conceptual approach. The results of this study indicate that regulations that are in conflict with norms must be harmonized. Based on the theory of normative hierarchy and the principle of preference, the regulation that should be enforced is that stipulated in PP 34/2021, so that the time limit for the extension of the use of foreign workers is a maximum of 2 years and a maximum of 5 years for foreign workers in special economic zones.

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