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Jurnal Ilmiah Dunia Hukum
Published by Universitas 17 Agustus 1945 Semarang
ISSN : 25286137     EISSN : 27210391     DOI : -
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Jurnal Ilmiah Dunia Hukum (JIDH) diterbitkan oleh Program Studi Hukum Program Doktor Fakultas Hukum Universitas 17 Agustus 1945 Semarang. JIDH merupakan e-jurnal sebagai media publikasi bagi akademisi, peneliti, dan praktisi dalam menerbitkan artikel ilmiah di bidang isue hukum kontemporer. Ruang Lingkup jurnal ini meliputi kajian hukum Pidana, Perdata, Tata Negara, Administrasi Negara, Hukum Internasional, Hak Asasi Manusia, Hukum Adat, dan Hukum Lingkungan.
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Articles 5 Documents
 1 
Search results for , issue "VOLUME 9 ISSUE 2 APRIL 2025" : 5 Documents clear
Comparing Data Protection and Due Process Implementation in Indonesia Irawati, Arista Candra; Wijaya, Hendra; Pratama, Ade
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 2 APRIL 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i2.6061

Abstract

This study aims to analyze and examine legal issues related to personal data protection in Indonesia and Malaysia, as well as to assess the principle of due process of law and its implementation in ensuring legal certainty in personal data protection, particularly in Case No. 46/Pid.Sus/2023/PN.Slt. The research employs an empirical juridical method using statutory, conceptual, and case approaches. The data consist of primary, secondary, and tertiary sources. The findings indicate, first, that both Indonesia and Malaysia are committed to protecting personal data as part of human rights. Indonesia has enacted the Personal Data Protection Law (UU PDP) and its derivatives, while Malaysia has implemented the Personal Data Protection Act 2010. These frameworks demonstrate that both countries possess adequate legal structures to safeguard their citizens’ privacy in the digital era. Second, the application of the due process of law principle in the context of personal data protection—as illustrated in Case No. 46/Pid.Sus/2023/PN.Slt—highlights the importance of transparent, fair, and equitable legal enforcement. The implementation of this principle provides legal certainty for individuals concerning the collection, processing, and protection of their personal data. Upholding due process of law also prevents abuse of authority by law enforcement and ensures that any action taken in handling personal data complies with lawful and accountable procedures.
Ijarah-Based Commercial Transport and Its Relevance to Indonesian Law Maarif, Muhamat Nur
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 2 APRIL 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i2.6067

Abstract

This study aims to examine the compatibility between the practices of commercial transportation services and the principles of ijarah contracts in Islamic law, as well as to assess their relevance to Indonesian statutory regulations, particularly Law Number 22 of 2009 concerning Road Traffic and Transportation. To achieve this objective, a normative-juridical research method was employed using a qualitative approach, supported by literature review of both classical and contemporary Islamic legal sources, alongside national positive law. The findings indicate that the core principles of the ijarah contract—such as clarity of the leased object (ma’qud ‘alayh), mutual consent (antarāḍin), and fairness in remuneration (ujrah)—are substantially reflected in the regulation of commercial transport services in Indonesia. However, several implementation aspects remain in need of reinforcement, especially those concerning safety responsibilities and the formulation of force majeure clauses, which do not yet fully reflect sharia values. Therefore, this study recommends the integration of maqāṣid al-sharī‘ah principles into the regulation of commercial transportation services to establish a more just, ethical, and sustainable transport system.
Impacts of Court Ruling on Digital Democracy and Free Expression Ikawati, Linda; Mardani, Retno Eko; Saraya, Sitta; Putra, Rengga Kusuma
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 2 APRIL 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i2.6079

Abstract

This study aims, first, to analyze the legal reasoning of the Constitutional Court in Decision Number 115/PUU-XXII/2024, which annulled the phrase "riots" in Article 28 paragraph (3) and Article 45A paragraph (3) of Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions. Second, it seeks to examine the implications of this annulment for the scope of freedom of expression and the potential regulation of hate speech or incitement in Indonesia's digital sphere. It further explores how this Constitutional Court decision may influence the dynamics of digital democracy, particularly in the context of public criticism and online participation in Indonesia. This study employs a qualitative research method, with the primary legal material being Constitutional Court Decision Number 115/PUU-XXII/2024 on the Judicial Review of Provisions in Law Number 1 of 2024. The findings reveal that the Constitutional Court's removal of the phrase "riots" has the potential to broaden the space for digital freedom of expression, but it also presents new challenges in maintaining public order. Therefore, a deeper understanding of the boundaries of freedom of expression in the digital age is required, along with the development of effective legal and non-legal mechanisms to balance expressive freedom and social order.
The Expansion of the Administrative Court's Jurisdiction in Examining Governmental Factual Actions Pranoto, Edi; Riyanto, M.; Sunarto, Sunarto; Muawafah, Muawafah
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 2 APRIL 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i2.5416

Abstract

This study aims to analyze the expansion of the jurisdiction of the Administrative Court (Peradilan Tata Usaha Negara, PTUN) in reviewing factual actions undertaken by administrative officials as an implementation of the rule of law principle in Indonesia. Within the framework of a rule of law state, PTUN functions as a judicial body that ensures oversight of administrative actions that may infringe upon citizens’ rights. Legal developments in the Administrative Government Act (Undang-Undang Administrasi Pemerintahan, UUAP), as regulated in Law No. 30 of 2014 and its amendment through Law No. 6 of 2023 on Job Creation, have expanded the scope of PTUN’s jurisdiction beyond written administrative decisions (Keputusan Tata Usaha Negara, KTUN) to include factual actions by administrative officials. This research employs a qualitative approach through normative legal analysis of statutory provisions and judicial practices to explore the implications of this expanded authority. The findings indicate that this expansion enables greater access to legal protection for citizens, reinforces the supremacy of law, and enhances the accountability of public administration. The study’s main contribution lies in identifying the emerging role of PTUN in overseeing factual actions of government officials, while emphasizing the need for a more comprehensive understanding of its implementation within the framework of Indonesian administrative law.
Digital Transformation of Mortgage Rights: Juridical Implications for Creditor Protection Prehatini, Yuniar
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 2 APRIL 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i2.5590

Abstract

The development of digital technology has brought about a revolution in various aspects of life, including in the legal and land administration systems in Indonesia. This study examines the dynamics of the digital transformation of mortgage rights through the implementation of an electronic system (HT-el) initiated by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN). Using a normative legal method, the study explores the legal implications of this digital transformation on the legal protection of creditors. The results indicate that HT-el not only accelerates and simplifies the registration process for mortgage rights but also enhances transparency, accountability, and legal certainty for all parties involved. However, this digitalization is also accompanied by challenges such as data entry errors, human resource readiness, and electronic data security, which require further attention. Furthermore, the executory power inherent in electronic certificates provides creditors with an effective legal protection mechanism without having to go through lengthy court proceedings in the event of default. This study recommends strengthening regulations, intensive socialization, and improving technological capacity so that the digital transformation of mortgage rights can run optimally and provide maximum protection for creditors. This study is expected to serve as an important reference for policymakers and legal practitioners in addressing the digitalization of the land collateral system in Indonesia.

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