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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.
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Articles 168 Documents
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Third-Party Assets in Bankruptcy Proceedings: The Role of The Trustee in The Settlement Process Agustinus Widyo Pramono; Tasaufi Ariefzani; Hamdallah Alfarizqy Asyraf; Kristensen Marihot Situmorang
Jurnal Hukum Prasada Vol. 13 No. 2 (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.13.2.2026.113-119

Abstract

This study aims to analyze the presence of third-party assets included in the bankruptcy estate (boedel pailit), particularly in the settlement process carried out by the curator. The research questions in this study consist of the limits of the curator's authority in classifying assets as part of the bankruptcy estate in relation to the presence of third parties, and the legal protection for third parties in guaranteeing their rights during the settlement of the estate. The research method used in this study is normative legal research. The problem approach employed in this study consists of a statutory approach. The sources of legal materials used are primary legal materials consisting of statutory regulations or other written regulations related to the research questions in this study. The next type of legal material used is secondary legal materials consisting of books, journal articles, or other scientific papers relevant to this study. The results of the study successfully analyzed a special legal remedy for the curator to file an action pauliana, in order to release or annul the legal acts between a third party and the bankrupt debtor, if it is known or ought to be known that such acts would harm the creditors. Furthermore, this study can serve as a reference for third parties to guarantee their protection over goods acquired in good faith. The guarantee for third parties can be carried out by filing for a suspension of their property if it is included in the bankruptcy estate, or by pursuing a third-party opposition legal remedy to release their property from the bankruptcy estate.
The Dynamics of GST in Child Homicide Cases: An Analysis of Maladaptive Coping with Relational Conflict Mila Nurcahyani; Ferry Fathurokhman; Muhamad Romdoni
Jurnal Hukum Prasada Vol. 13 No. 2 (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.13.2.2026.120-129

Abstract

This study analyzes a case of child murder in Kampung Gajah, West Bandung. This study employs General Strain Theory (GST) as its analytical framework. The research design is normative legal, utilizing secondary data comprising primary legal materials, secondary legal materials, and tertiary legal materials. All data were collected through data collection techniques involving documentary analysis and literature review. The data collected in this study were then analyzed using qualitative descriptive techniques. The findings indicate that, from the perspective of GST, the homicide committed by a juvenile in the Kampung Gajah area of West Bandung is categorized as a form of “loss of positive stimuli.” The absence of adequate coping mechanisms to manage the stress resulting from the termination of a friendship served as the primary motive for the homicide. This study introduces a novelty through the application of GST to systematically examine the relationship between emotional strain, the accumulation of negative emotions, and their transformation into aggressive behavior among children. By focusing on friendship dynamics and emotional pressures, the analysis reveals socio-psychological mechanisms that drive delinquency and escalate into criminal acts. The research contributes to the advancement of child criminology in Indonesia by mapping underexplored social-psychological factors and providing an academic foundation for strategies of juvenile crime prevention and child protection within the criminal justice system.
Legal Review of Information on Land and Building Acquisition Taxes as a Source of Local Revenue Gatot Eko Yudhoyono; Y. Yunanto
Jurnal Hukum Prasada Vol. 13 No. 2 (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.13.2.2026.130-138

Abstract

The Tax on the Transfer of Rights to Land and Buildings (BPHTB) applies to the transfer of rights to land and buildings by individuals or legal entities. The criteria for determining BPHTB are based on the agreed-upon transaction price in a sale; in other situations, BPHTB is calculated based on the Taxable Sales Value (NJOP). The NJOP serves as the basis for tax assessment. However, if the NJOP value in a particular area is low, the transaction value of the sale is used as a substitute. Inconsistencies in information regarding BPHTB create a situation fraught with uncertainty. Furthermore, the lack of sustained efforts by local governments to disseminate information about BPHTB has meant that not all members of the public have been reached. The objective of this study is to determine the extent to which the availability of information affects the collection of BPHTB as a source of local revenue, leading to low levels of public compliance and ultimately hindering local revenue generation. This study employs a normative legal research approach. The data used are secondary data, divided into three main categories to support the research: primary, secondary and tertiary legal sources. Based on the research findings, it was determined that BPHTB falls under the category of information that must always be accessible. Information regarding BPHTB is classified as data that local governments are required to disclose. The problem with BPHTB lies in the lack of transparency, as information is provided only to members of the public who actively seek it out because of a vested interest. As a result, the public is unfamiliar with information regarding BPHTB.
Election Law Reform: Ius Constituendum for the Separation of National and Local Elections from an Electoral Justice Perspective Nasarudin Nasarudin; Taufik Firmanto; Erham Erham
Jurnal Hukum Prasada Vol. 13 No. 2 (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.13.2.2026.139-157

Abstract

Indonesia’s simultaneous electoral system has generated significant technical and humanitarian challenges, particularly the excessive workload faced by election officers during the 2019 elections. Constitutional Court Decision Number 135/PUU-XXII/2024 has introduced a new legal direction toward separating national and local elections, yet the regulatory framework governing this separation remains underdeveloped. This study examines the proposed separation from the perspective of electoral justice and formulates an ius constituendum model that preserves representation, participation, and public accountability. Using normative legal research with statutory and conceptual approaches, the study analyzes Constitutional Court decisions, legislation, academic literature, and relevant legal scholarship. The study finds that separating national and local elections can provide a more coherent framework for electoral administration, provided that the legal design ensures regulatory synchronization, protects the safety and professionalism of election administrators, and safeguards citizens’ political rights. The proposed regulatory model therefore emphasizes legal certainty, institutional coordination, meaningful public participation, and accountable electoral governance as essential elements of substantive electoral justice.
Defendant Recantation and Its Evidentiary Implications Under Indonesia's New Criminal Procedure Code Ranto Banneringgi; Kartini Malarangan; Virgayani Fattah
Jurnal Hukum Prasada Vol. 13 No. 2 (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.13.2.2026.158-168

Abstract

The legal position of the Berita Acara Pemeriksaan (BAP) as evidence when a defendant recants the statement it contains at trial remains contested under Law Number 20 of 2025 on the Code of Criminal Procedure, implicating the principles of non-self-incrimination and due process. Employing a normative-empirical approach and drawing on Law Number 20 of 2025, Law Number 1 of 2023, the International Covenant on Civil and Political Rights, and three final decisions of the Donggala District Court as primary legal materials, this study finds that the BAP is not a primary, self-standing item of evidence; its probative value depends on the lawfulness of its procurement and its consistency with the other evidence at trial. Under the negative statutory system of proof (negatief wettelijke bewijstheorie), recantation triggers stricter judicial testing rather than automatic rejection. Where recantation is rejected for want of corroboration, the BAP functions as an indication supporting proof of the charge while the defendant's courtroom testimony is excluded from the evidentiary assessment; where recantation is accepted, the courtroom testimony acquires probative value and the investigation record loses evidentiary weight. Analysis of the three decisions reveals a partial normative vacuum, as the Code does not expressly regulate the consequences of a defendant's denial of an investigation record's contents, generating inconsistency that undermines legal certainty. The reformed Code advances defendants' rights but leaves their practical delivery contingent on judicial discretion, and the legislature should establish explicit provisions governing the assessment of recantation and the evidentiary consequences of investigation irregularities.
Integration of National Standards and International Indicators to Strengthen Habitability in Indonesia’s 3 Million Housing Program Jeslyta Sarfa Baistinoy Rhamadina; Annisabella Oktaviani; Komang Anggie Trisna Yunita; Veren Regina Salsalbila
Jurnal Hukum Prasada Vol. 13 No. 2 (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.13.2.2026.197-208

Abstract

The Three Million Housing Units Program is a national strategic policy to accelerate the fulfillment of housing needs and realize the right to adequate housing guaranteed by Article 28H, paragraph (1) of the 1945 Constitution and the Law on Housing and Settlement Areas. However, criteria for decent housing in Indonesia remain fragmented across legal frameworks, resulting in not integrated standards that complicate uniform housing development guidelines. Without integrated and binding standards, housing quality may vary across regions. This study analyzes normative gap by examining national legal provisions against decent housing indicators recommended by UN-Habitat and WHO. Using a normative legal method combining legislative, conceptual, and comparative approaches, it compares Indonesia with Singapore, which applies these WHO and UN-Habitat indicators as best practice. The findings indicate that national provisions remain scattered and lack measurable indicators of housing adequacy, whereas Singapore demonstrates that integrating international standards into binding regulations can ensure housing quality, health, and sustainability. This study proposes integrating criteria from the Ministry of Housing and Settlement Areas’ Handbook, UN-Habitat, and WHO into Government Regulation No. 12 of 2021, the implementing regulation of the Housing and Settlement Areas Law, thereby providing a legal basis for measurable, binding decent housing standards.
The Effectiveness of Copyright Law in Addressing Film Piracy on Illegal Streaming Platforms Felly Faradina; Abdul Thalib; Fara Dinda Fasya; Aprin Citra Mahardi; Endri Mustandi
Jurnal Hukum Prasada Vol. 13 No. 2 (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.13.2.2026.169-177

Abstract

The expansion of digital technology has facilitated the distribution of cinematographic works but has also enabled widespread film piracy through illegal streaming platforms. This study examines the effectiveness of Indonesia’s copyright framework in addressing digital film piracy and identifies the legal, institutional, technological, and social factors that constrain its implementation. The study employs a normative legal method using statutory and conceptual approaches, with primary legal materials consisting of copyright legislation and related regulations and secondary materials drawn from legal literature and scholarly articles. The findings indicate that Indonesia’s copyright framework provides formal protection for the moral and economic rights of creators, but its enforcement faces significant practical limitations. The complaint-based nature of copyright offenses restricts proactive investigation, while limited inter-agency coordination and digital forensic capacity hinder the identification and prosecution of infringers. These limitations are compounded by mirror domains and virtual private networks, which enable illegal streaming platforms to circumvent website blocking measures. In addition, limited public awareness of copyright and barriers to accessing legitimate content contribute to the continued demand for pirated films. The study contributes to the analysis of digital copyright enforcement by demonstrating that the effectiveness of existing measures is constrained not by the absence of legal protection alone, but by the interaction between procedural limitations, enforcement capacity, technological circumvention, and demand-side factors. The findings suggest that legal reform, stronger investigative and cross-border cooperation mechanisms, and measures addressing the infrastructure and demand underlying digital piracy should be considered in strengthening copyright enforcement.
Legal Protection for the Security and Safety of Tourists Visiting Tourist Destinations in Raja Ampat Regency Johannes Ibrahim Kosasih; Ni Komang Arini Styawati; Majid Majid
Jurnal Hukum Prasada Vol. 13 No. 2 (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.13.2.2026.178-186

Abstract

Raja Ampat Regency is one of Indonesia’s leading marine tourism destinations, attracting both domestic and international tourists. The high level of tourism activities in this region has created a need for legal protection concerning the security and safety of tourists. This study aims to analyze the legal framework governing the protection of tourist security and safety in tourism destinations in Raja Ampat Regency, as well as the responsibilities of local government and tourism business operators in ensuring tourist security and safety. This research employs a normative legal research method using statutory and conceptual approaches. The analysis is conducted through a qualitative normative examination of laws and legal concepts related to tourist protection. The findings indicate that legal protection for tourists is regulated under Law Number 10 of 2009 concerning Tourism, Law Number 8 of 1999 concerning Consumer Protection, and Raja Ampat Regency Regional Regulation Number 6 of 2021 concerning the Regional Tourism Development Master Plan. The local government is responsible for regulating, supervising, and fostering tourism activities, while tourism business operators are obligated to implement safety standards and provide protection for tourists. However, the implementation of these regulations still faces challenges, particularly due to inadequate supervision and the suboptimal application of safety standards. Therefore, strengthening regulations and supervisory mechanisms is necessary to ensure effective legal protection for tourists.

Page 17 of 17 | Total Record : 168

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