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Nurani Hukum : Jurnal Ilmu Hukum
Published by Universitas Sultan Ageng Tirtayasa
ISSN : 26557169     EISSN : 26560801     DOI : http://dx.doi.org/10.51825/nhk
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law. Nurani Hukum: Jurnal Ilmu Hukum is published by Faculty of Law, University of Sultan Ageng Tirtayasa in Collaboration with Pusat Kajian Konstitusi Perundang-Undangan dan Pemerintahan (PKKPUP). periodically published in December and June and the approved and ready to publish in the website and hardcopy version will be circulated at every period. Therefore, all articles published by Nurani Hukum: Jurnal Ilmu Hukum will have unique DOI number. In 2021, the Nurani Hukum requires English as its main language, and therefore accepts journals only in English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 111 Documents
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Marriage at the Foot of the Great Wall, in the Land of the Rising Sun and on the Banks of the Ganges – Chinese, Japanese and Hindu Marriages István, Kasuba Róbert
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.28948

Abstract

This research explores the legal systems of China, Japan, and India, focusing on their transition from customary to codified law, shaped by European colonialism and Christian missionary activity. Specifically, it examines how matrimonial law in these countries remains primarily governed by common law rather than codified statutes. The study emphasizes the role of customary religious law, analyzing its ongoing influence despite the adoption of codified legal frameworks. Using a comparative method, the research traces how the legal systems of China and Japan evolved similarly, influenced by German and French legal traditions, while India's system reflects the impact of British colonialism and English common law. This analysis contributes to understanding the intersection of civil marriage, religious rights, and legal traditions, providing insights into the enduring relevance of customary and religious practices in modern legal systems. The findings are crucial for further exploring the potential introduction of optional civil marriage in these countries.
Revolutionizing Credit Dispute Resolution: Balancing Creditors and Debtors Interests for Greater Efficiency Jeremia, Mario Ihutan; Sukarmi, Sukarmi; Sihabudin, Sihabudin; Santoso, Budi
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.30921

Abstract

Non-performing loans (NPLs) strain creditor-debtor relationships, jeopardizing economic stability. Traditional dispute resolution methods are costly, time-consuming, and often fail to meet the needs of both parties. This paper introduces a novel, efficiency-based approach to NPL dispute resolution, grounded in economic analysis of law. By optimizing resource allocation, it minimizes transaction costs and resolution time, benefiting both creditors and debtors. Using a qualitative and normative methodology, the study explores the application of efficiency principles in Indonesia. The findings highlight that an efficient dispute resolution paradigm can enhance outcomes, foster trust in the banking system, and provide economic benefits. The paper advocates for legal reforms to promote mediation and arbitration, ensuring faster, cost-effective, and sustainable solutions to NPL disputes.
Approach for Acquiring Multiple Regulatory Requirements for New Information Technology Products in Technical Domains Filina, Elizaveta; Kamsky, Vladimir; Mohireva, Arina; Badenko, Vladimir
Nurani Hukum Vol 8, No 2 (2025): Justice, Equity, and Human Rights in the Globalized Era: Towards a Harmonized Le
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i2.30708

Abstract

This article discusses the development of a new approach to simplify the collection and balancing of regulatory requirements for new IT products in technical domains. The relevance of this topic stems from the complex challenges associated with gathering and managing the requirements from a large number of regulatory documents, particularly in the development of IT products within interdisciplinary fields. This methodology was developed based on existing principles and practices included in the approaches to System engineering and Requirements management approaches. It was tested through a case study in the field of construction survey. And, as a result, the developed algorithm helped to simplify the collection and balancing of regulatory requirements for solving problems in technical subject areas, taking into account the potential of AI technologies application.
The Interrelation Between Military Discipline Infraction and Military Criminal Charge in Indonesia Amalia, Regita Wienda; Anditya, Ariesta Wibisono
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.33048

Abstract

Violations of the Military Discipline Law that culminate in a disciplinary tribunal’s decision possess only minimal binding force. In other words, the tribunal’s ruling merely serves as a recommendation to the superior vested with punitive authority (atasan yang berhak menghukum, abbreviated as Ankum). If it subsequently emerges that an incident threatens the integrity of a military unit, the Ankum is entitled to invoke a higher level of legal authority by referring the matter to a military criminal court. In narcotics cases committed by military personnel that are initially deemed disciplinary infractions, the Ankum may subsequently refer the matter to the Military Police (Polisi Militer, legally abbreviated as POM) for further military criminal proceedings. This study constitutes doctrinal legal research supported by data drawn from the literature. To address the research questions, a legal-literature-review approach was adopted. The findings indicate that violations of Indonesian military disciplinary law may escalate into military criminal offenses through the decision-making process of the Ankum.
Urgency, Mechanism, and Efficiency: An Economic Law Framework of Credit Dispute Resolution Jeremia, Mario Ihutan; Sukarmi, Sukarmi; Sihabudin, Sihabudin; Santoso, Budi
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.31466

Abstract

This research addresses the critical issue of protracted and costly non-performing loan (NPL) dispute resolution in Indonesia, which impedes economic stability and burdens legal relationships. It novelly applies an economic analysis of law framework to examine the mechanism and urgency of NPL dispute resolution, prioritizing efficiency to optimize resource allocation, minimize transaction costs, and expedite settlements. Employing a normative qualitative approach, this study demonstrates the superior effectiveness of efficiency-based alternative dispute resolution (ADR) mechanisms like mediation and arbitration over conventional litigation. The findings contribute by highlighting ADR's potential to enhance legal certainty and public trust in the financial system. The research urges the strengthening of ADR regulations and institutional capacity to foster a more adaptive and sustainable legal framework for NPL management in Indonesia.
Deconstructing Insolvency: Challenging Inequities in Legal Protection Husendro, Husendro
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.33364

Abstract

Indonesia's Bankruptcy Law (Law No. 37 of 2004) suffers from a rigid framework, often failing to provide balanced protection for creditors and debtors by neglecting the realities of business distress. This creates an urgent need for insolvency principles to help debtors avoid bankruptcy. The current system frequently leads to conflicts of norms when compared to the internationally recognized reorganization and rehabilitation frameworks of Chapters 11, 12, and 13 of the US Bankruptcy Code. This research addresses this disparity, offering a novel normative juridical analysis of primary and secondary legal data using quantitative methods. Our findings underscore the critical importance of adopting reorganization (restructuring and rehabilitation) mechanisms, mirroring the debtor-centric approach of the US Bankruptcy Code. Unlike the current asset-focused Indonesian law, rehabilitation under these international guidelines assesses a debtor's future income potential, offering a more equitable path to debt resolution and business recovery. This study contributes significantly by advocating for a reform of Indonesian bankruptcy law, proposing a shift towards a more flexible and balanced insolvency regime that prioritizes rehabilitation and economic revitalization over immediate liquidation.
History of the China’s Case Guidance System and Judicial Reform Tang, Mengling
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.29732

Abstract

This thesis delineates the history of the development of the Case Guidance System (CGS) by combing through the Work Reports of the Supreme People's Court (SPC) since 1980 and specific legal norms on case guidance work. The development of the CGS in China can be divided into five periods: (1)From 1949 to 1978, when cases typically presented social conflicts and served as materials for law-making. (2)From 1978 to 1985, it was for interpreting statutes. (3)From 1985 to 2003, both judicial interpretation and cases were imperative and formed the “two-leg way” for law application. This period witnessed the exploration of the openness of the judicial trail. (4)From 2004 to 2018, there was a strong emphasis on the construction of the cases guidance system, and normative documents were formulated and issued. (5)From 2020 to 2023, the Retrieval of Similar Cases emerged and expend to consider other non-guiding cases to be used. The development of the CGS in China has three characteristics: (1)It has undergone a transformation from being a source of materials for law-making to a tool for the uniform application of laws, rather than a source of laws. (2)It possesses the function of publicizing the rule of law to citizens. (3)The Guiding Gases issued by the SPC have highly binding force, but the other non-guiding cases gradually be emphasized and could be considered in the trail, which means the scope of cases have expended and the new platform is forming.
Legal Certainty or Symbolic Gesture? A Political Reappraisal of Indonesia Health Practitioner Laksono, Stepanus Agung; Fakih, M; Putri, Ria Wierma
Nurani Hukum Vol 7, No 2 (2024): Addressing Inequities and Seeking Certainty within Asian Legal Frameworks
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i2.32591

Abstract

The cessation of healthcare services has traditionally required informed consent from the patient or their legal representative. However, with the enactment of Article 273 paragraph (2) of Law No. 17 of 2023 on Health, Indonesian medical personnel are now permitted to halt services unilaterally when faced with acts of violence, harassment, or degrading treatment. While this provision affirms the importance of healthcare worker safety, it also creates legal and ethical dilemmas, particularly regarding the limits of professional duty and the risk of being accused of negligence. The legal ambiguity surrounding the implementation of Article 273 further complicates the responsibilities of healthcare providers and the protection mechanisms available to them. In response to these challenges, this study addresses three main objectives: (1) to examine the scope of legal protection afforded to medical personnel who terminate healthcare services under Article 273, (2) to analyze the ethical and legal responsibilities that arise from such actions, and (3) to assess the political and institutional context that shaped the article’s development, as well as the practical barriers to its enforcement. By combining doctrinal legal analysis with a legal-political perspective, this research contributes to a more comprehensive understanding of how law, policy, and ethics intersect in regulating healthcare delivery in conflict-prone settings.
Refining Land Dispute Resolution in Indonesia’s Judicial System: An Economic Analysis of Legal Integration Tambunan, Rico J.R.; Safa`At, Rachmad; Permadi, Iwan; Sulistyarini, Rachmi
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.30991

Abstract

Land dispute resolution in Indonesia is complex, involving multiple legal, social, and economic factors. Current mechanisms, including civil, administrative courts, and alternative methods like mediation, often fail to provide efficient or reliable outcomes, leading to legal uncertainty. This research examines the integration of dispute resolution mechanisms into Indonesia's judicial system from an economic analysis of law perspective. By applying principles of economic efficiency, the study explores how integration can reduce transaction costs and accelerate resolution processes. Using qualitative methods, the research analyzes legal documents, regulations, and court decisions to identify systemic challenges and propose improvements. The findings suggest that incorporating economic efficiency into the judicial process could enhance legal clarity, overcome existing obstacles, and restore public trust in land dispute resolution. This study contributes to the ongoing reform of Indonesia's legal system, offering insights into more effective, cost-efficient approaches to dispute resolution
Disharmony of Norms and Application of Punishment of Perpetrators of Assisting (Medeplichtige) Corruption Crimes in Indonesia Ansori, Ansori; Sugiri, Bambang; Aprilianda, Nurini; Noerdajasakti, Setiawan
Nurani Hukum Vol 8, No 1 (2025): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v8i1.31467

Abstract

This study investigates the legal disharmony and uncertainty surrounding punishment for those who assist in corruption crimes in Indonesia. Currently, there's a conflict between the Criminal Code, which imposes a one-third lighter sentence for accomplices, and the Anti-Corruption Law, which threatens them with the same punishment as the main perpetrator. This normative inconsistency often leads to disparate and disproportionate sentencing, with some accomplices receiving harsher punishments than the main offenders, despite their lesser role. The novelty of this research is its exploration of this specific legal conflict and its impact on judicial outcomes. Addressing this issue is urgent to ensure fairness and legal certainty in corruption cases. This research's will contribute toward proposed reconstruction of the punishment norms for accomplices, based on the principle of proportionality, to reduce inconsistencies and prevent unjust disparities in sentencing.

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