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Program Doktor Ilmu Hukum, Faultas Hukum, UNTAG Semarang JL. Pemuda No. 70, Semarang
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Jurnal Ilmiah Dunia Hukum
Published by Universitas 17 Agustus 1945 Semarang
ISSN : 25286137     EISSN : 27210391     DOI : -
Core Subject :
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.
Arjuna Subject : -
Articles 105 Documents
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The Principles of Model Law Regarding the Implementation of Estate Execution in Transnational Bankruptcy Cases Putriana, Fafta Aini; Fairuzzaman, Fahmi; Hidayat, Akbar
Jurnal Ilmiah Dunia Hukum VOLUME 8 ISSUE 2 APRIL 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.4465

Abstract

This research is important to find out what system should be used to create legal certainty regarding the execution of transnational bankruptcy cases. The purposes to be achieved are, first, to know the system that works within the principles of the Model Law developed by the United Nations in handling transnational bankruptcy execution cases. Second, knowing how national law creates execution rules if the foreign debtor's bankruptcy assets are in Indonesia's jurisdictionUsing juridical-normative research methods, the author attempts to analyze transnational bankruptcy based on international and national regulations. International rules are regulated in UNCITRAL: Model Law created by the UN and is a legal reference for countries that have transnational bankruptcy legal instruments with reference to this Model Law. Meanwhile, the national regulations are in Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations, which became known as UUK-PKPU. Model Law regulations provide legal certainty regarding transnational bankruptcy. different from national legal rules which are limited by jurisdiction. The substance of the Model Law provides an opportunity for foreign parties to participate in solving problems. The conclusion of this research is that the adoption of the Model Law by several countries will provide greater convenience and legal certainty in the field of bankruptcy law, especially transnational bankruptcy.
The Position and Revitalization of Customary Criminal Law in the Perspective of National Criminal Law Nurhidayatullah, Muhammad Ali; Simanjuntak, Takkas Marudut
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5148

Abstract

This research aims to describe and analyze the status of customary law in Indonesia and the revitalization of customary criminal law from the perspective of Indonesian criminal law. This study employs normative legal research methods by analyzing various literatures. The research approach used is based on legislation, utilizing secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, presented in a qualitative descriptive manner. The results indicate that although official authorities such as the police and courts remain significant, customary institutions often serve as the first point of mediation for resolving conflicts within communities, especially in cases involving minor material losses and other issues rooted in local concerns. This suggests that traditional values and culture hold an important place in society and influence how people interact with the formal legal system. Additionally, the revitalization of customary law is necessary, particularly in the recognition of customary legal norms, which is crucial for creating an optimal balance between modernity and the preservation of traditional values. This contributes positively to justice, welfare, and cultural sustainability in Indonesia
The Potential and Challenges of Implementing the Omnibus Method in Indonesia: Lessons from Other Countries Prasetyoningsih, Nanik
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i1.5389

Abstract

This article seeks to provide an analysis of the issue of over-regulation and the solutions offered by the omnibus method, as well as to examine the application of the omnibus method from a comparative study perspective. The research method employed is normative juridical, using a statutory approach (state approach) and a comparative approach. The data used includes primary data and secondary data, such as relevant legislation and various articles and information from literature sources. The findings indicate that the omnibus method is effective in reducing regulatory burdens, enhancing efficiency, and fostering innovation. In Canada, for instance, implementation through the Budget Implementation Act 2012 led to more responsive policies, although it faced criticism for reducing transparency. In Australia, the Omnibus Repeal Day Bills succeeded in lowering regulatory compliance costs but attracted attention regarding public interest protection. Meanwhile, in the United States, the Consolidated Appropriations Act demonstrated the omnibus method's ability to expedite budget approvals, despite concerns about reduced transparency. In conclusion, although the omnibus method offers promising solutions to address over-regulation, its implementation in Indonesia faces complex challenges, such as low regulatory coordination, resistance to change, and limited public participation. This highlights the importance of an inclusive approach and ongoing evaluation to achieve effective and equitable regulatory reform.
Criminal Liability of Female Perpetrators of Sexual Harassment Against Minors Isnawan, Fuadi
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i1.4232

Abstract

This study aims to analyze the criminal liability of perpetrators of sexual harassment against dozens of male victims in Jambi City. The research method in this paper uses a normative juridical method that will examine the criminal liability of perpetrators of sexual harassment committed by women. In addition to this, it will also examine the role of psychiatric experts to determine the status of the ability to be responsible for the perpetrator of the crime. The results of this study indicate that it is necessary to fulfill several elements to say that the perpetrator is capable of being responsible according to the theory of criminal law and the Criminal Code. In addition, psychiatric experts play a role as expert testimony that can state whether the woman has a mental disorder or not because it is related to her ability to take responsibility. The researcher hopes that the paper can provide a better understanding of the criminal liability of female perpetrators of sexual abuse against underage boys and the role of psychiatric experts in these cases. The results of this research are expected to serve as a reference for law enforcement, child protection agencies, and the community in providing protection and justice for victims of sexual abuse, regardless of the gender of the perpetrator.
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.
Quo Vadis: Technology Transfer Regulation in the IPR System in Indonesia Seruni, Puti Mayang
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.5855

Abstract

This article aims to examine how the current regulation of technology transfer in Indonesia, especially in relation to the IPR regime, and its relevance to Indonesia's development. Adoption and application of science and technology, as one of the keys in implementing the vision of a Golden Indonesia in 2024, can be achieved through technology transfer. To achieve this, it is necessary to have regulations that require foreign companies to transfer technology to the host because the success of technology transfer depends on the regulations of the host country. The problem addressed in this study is that the 2023 Job Creation Law actually eliminates the obligation to transfer technology as stipulated in Article 20, paragraph 2 of the Patent Law. Using a normative legal research approach, this study looks at secondary data from primary, secondary, and tertiary legal materials that are pertinent to the issue. The results of the discussion show that technology transfer, IPR, and development are closely related. Technology transfer as a means to gain access to science and technology that is protected by IPR. IPR is fundamental for a nation because economic progress can be seen from the acquisition of intellectual property owned by the nation. The richer the intellectual property, the faster the nation's economic growth. Government intervention in technology transfer is essential for economic development and welfare in Indonesia. Therefore, the obligation of technology transfer must be regulated in several laws and regulations, especially in the Job Creation Law and Patent Law.

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