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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 94 Documents
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The Paradigm of Sexual Violence Against Women in Indonesia: Between Causes and Solutions Sutikno, Edi; Da Silva, Eugenia Brandao
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.v0i0.6634

Abstract

This study examines sexual harassment against women in Indonesia as a structural manifestation deeply rooted in social, cultural, and institutional inequality rather than as an isolated phenomenon. Using a qualitative-descriptive approach through literature review and socio-legal analysis, this research identifies key factors that perpetuate sexual violence, including the surplus of male power within patriarchal structures, victim blaming practices, the lack of sexual and gender awareness education, stigma surrounding reporting, and the objectification of women in the media. These interrelated factors not only reflect the symbolic domination of men over women’s bodies and spaces but also highlight the state’s and society’s failure to establish a comprehensive and just protection system. The findings reveal that addressing sexual harassment requires cross-sectoral, holistic, and sustainable interventions. Progressive legal reforms such as the implementation of the Sexual Violence Crime Law (UU TPKS) must be accompanied by comprehensive, gender-based sexual education, victim-centered law enforcement, and strengthened media ethics in reporting violence. Accordingly, the study recommends that the government enhance the implementation of UU TPKS by improving the capacity of law enforcement officers, expanding integrated protection services across regions, and incorporating comprehensive sexual education into the national curriculum. Society must actively reject the normalization of violence and eliminate stigma against victims, while civil society organizations, educational institutions, and the media should strengthen collaboration to promote awareness, victim-oriented policies, and ethical reporting practices. The synergy among these sectors is crucial to building an inclusive, just, and sustainable system to eradicate sexual harassment against women in Indonesia.
Reconstructing Presidential Legislative Authority: Analyzing the System and Strengthening Modern Democracy Nur, Rismawati
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.v0i0.5940

Abstract

This study aims to reconstruct the President’s legislative authority within Indonesia’sconstitutional framework by reformulating Article 20 of the 1945 Constitution toalign with the principles of modern presidentialism. The research employs a normativejuridical method using conceptual, statutory, and comparative constitutionalapproaches. Comparative analyses are conducted with the presidential systems of theUnited States and Brazil to identify an institutional design that ensures an effectiveseparation of powers and strengthens checks and balances. The findings indicate thatlimiting the President’s legislative authority by transferring deliberative functionsentirely to the House of Representatives, while maintaining the President’s role inbudget initiation and administrative assent, establishes a more accountable andbalanced governance system. This model enhances public participation, ensureslegislative transparency, and reinforces democratic legitimacy through the absolutemajority voting principle and automatic approval mechanism. The study suggests thatconstitutional amendments should clearly separate executive and legislative powersand institutionalize public involvement in lawmaking to prevent executive dominance.Strengthening legislative independence through these reforms will promote a moreparticipatory and responsive democratic system consistent with the rule of law and theprinciples of modern constitutional democracy.
Legal Protection of Health Workers from a Criminal Law Perspective during the Health Crisis in Indonesia Jauhari, Jauhari; Tanjung, Afriansyah
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.v0i0.6080

Abstract

This study aims to analyze the legal protection of health workers in Indonesia, particularly in light of the enactment of Law No. 17 of 2023 concerning Health. Using a normative juridical approach with statutory and conceptual analyses, the research examines the extent to which existing legal frameworks uphold the principles of legal certainty, due process, and the protection of human rights in the health sector. Legal materials include primary (laws and regulations), secondary (legal literature and expert opinions), and tertiary sources (legal dictionaries and encyclopedias). The findings indicate that Law No. 17 of 2023 offers significant normative progress by explicitly mandating state responsibility for the welfare, safety, and professional development of health workers. It encompasses both preventive and repressive legal protections, aligning with Philipus M. Hadjon’s theory of legal protection. However, practical implementation remains uneven, particularly during health crises such as the COVID-19 pandemic, where health workers experienced verbal abuse, legal threats, and inadequate support. The research concludes that while the legal substance has been improved, the effectiveness of protection depends on concrete implementation mechanisms, such as detailed regulations, supervisory systems, reporting mechanisms, and institutional support at local levels. It recommends the issuance of derivative regulations granting limited legal immunity in emergencies, establishment of legal aid units in health facilities, legal literacy training for health professionals, and a stronger culture of state and societal protection. These steps are essential to ensure that health workers can fulfill their roles safely and ethically, especially during increasingly complex public health emergencies.
Optimization of Land Certificates Through Tax Settlement in the PTSL Program in Central Maluku Sinaga, Roulinta Y; Kuahaty, Sarah Selfina; Sihite, Sri Rumada; Dyastuti, Risqi Mumpuni; Berlianty, Teng
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.v0i0.5897

Abstract

This study analyzes the effectiveness of these mechanisms in supporting land certification optimization in Central Maluku Regency. Using an empirical juridical approach, the research combines legal analysis with field data from interviews and document studies. Findings indicate that obstacles to tax settlement include unclear tax calculations, limited public understanding of taxes beyond Land and Building Tax (PBB), low-income community conditions, difficulties with online payments, and discrepancies between tax data and SPPT. Despite these challenges, PPh and BPHTB settlement can be carried out through two main mechanisms: payment at the Tax Office (KPP) or the Regional Revenue Office (Dispenda) according to applicable formulas. Once taxes are validated and registered at the land office, land certificates can be issued and utilized for economic purposes. Beyond serving as proof of ownership, land certificates can act as collateral for financing, enabling owners to improve productivity and access economic opportunities. Overall, land certification not only provides individual benefits but also contributes to economic stability and sustainable development.
Issuance of Special Investigation Orders in Split Cases by the Prosecutor’s Office under Law Number 8 of 1981 on Criminal Procedure Koswara, Arief; Jamaludin, Ahmad
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.v10i1.6553

Abstract

The issuance of a Special Investigation Order by prosecutors to separate cases raises issues because the mechanism is not expressly regulated in the Criminal Procedure Code. This study aims to analyze the issuance of a Special Investigation Order in case separation by prosecutors and examine its compliance with the provisions of criminal procedure law as stipulated in Law Number 8 of 1981 concerning the Criminal Procedure Code. Separation, namely the separation of a criminal case into several case files to expedite the legal process, is often applied in complex special crimes such as corruption. This study uses a normative legal method with a statutory and conceptual approach, analyzing relevant laws and regulations, scientific literature, and official documents. The results of the study indicate that although separation has gained internal legitimacy through Attorney General Instruction Number 8 of 2023, it still requires clear regulations in the Criminal Procedure Code to ensure legal certainty and prevent abuse of prosecutorial authority. The normative implication of these findings is the urgent need for clear legal regulations to govern the practice of case separation, in order to align with the principle of legality and ensure legal certainty.
Juridical Analysis of Patient Safety Policies in Hospitals in Indonesia Nurman Hidayat, Asep; Santika, Made; Suparman, Odang
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.v10i1.6554

Abstract

Patient safety is a core element of the healthcare system, aimed at preventing adverse events and improving service quality. In Indonesia, it is governed by Law Number 17 of 2023 on Health and Minister of Health Regulation Number 11 of 2017 on Patient Safety, yet implementation remains uneven. Many hospitals show low compliance, government monitoring is limited, and significant gaps persist between urban and rural facilities. This study examines the legal framework and effectiveness of patient safety policies using a normative juridical method with statutory and conceptual approaches. Primary legal sources, including laws and regulations, along with secondary academic references, were analyzed qualitatively through a deductive process. The results indicate that although the regulatory framework provides comprehensive guidance, its execution in practice is still inadequate. Persistent obstacles include insufficient transparency in incident reporting, weak legal oversight, limited training for healthcare workers, and restricted access for patients to essential medical information. The study concludes that improving patient safety requires stronger hospital accountability, more transparent reporting mechanisms, and enhanced protection of patient rights within the legal system. Strengthening these aspects is expected to support safer and higher-quality healthcare services while providing greater legal certainty for patients in Indonesia.
A Juridical Analysis of Copyright for Artificial Intelligence-Generated Works in the Education Sector Maretasari, Denty; Widiasari, Santi; Ma’mun Fikri, Ahmad
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.v10i1.6556

Abstract

The rapid development of Artificial Intelligence in the education sector presents new legal challenges, particularly regarding copyright ownership of autonomously produced works. The 2014 Copyright Law does not yet regulate the status of AI as a creator, creating a legal vacuum. This research aims to examine copyright regulations for AI works, the possibility of AI becoming a limited legal subject, and the urgency of updating regulations regarding ownership and attribution of AI-based works in the education sector. This research uses a normative juridical method with a doctrinal approach to analyze the legal certainty and legal implications of AI-based works in the education sector. The research finds that AI-based works lack legal certainty under the Copyright Law, creating a regulatory vacuum and potential disputes. The analysis demonstrates the need to recognize Artificial Intelligence as a limited legal subject to clarify attribution, ownership, and responsibility for the works it produces. The research concludes that the Copyright Law is inadequate to address AI works, and therefore legal reform is necessary for the sake of certainty and protection of rights. New, adaptive and collaborative arrangements are needed to enable Indonesia’s legal system to accommodate AI developments and support a technology-based education ecosystem.
Health Services for the Elderly in the Perspective of Law Number 13 of 1998 concerning the Welfare of the Elderly Khanza Pramandani, Indira; Fadly Salihi, Yogie; Suparman, Odang
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.v10i1.6557

Abstract

This study aims to analyze the implementation of Law Number 13 of 1998 on the Welfare of the Elderly in fulfilling elderly health rights in Indonesia. Based on the Preamble to the 1945 Constitution and Article 28C, the state is obligated to improve the welfare of all citizens, including the growing elderly population that is projected to make Indonesia an aging society. This research employs a normative qualitative method with conceptual, comparative, and literature review approaches, examining legal regulations, scholarly works, and international instruments such as CEDAW and CRPD. The findings show that the law regulates elderly rights to comprehensive healthcare, government and community roles, priority for vulnerable groups, funding mechanisms, and social protection through BPJS Kesehatan. However, implementation challenges remain, including disparities in healthcare access, limited funding, and low awareness. The discussion highlights derivative programs such as Elderly Posyandu, geriatric services, and medical rehabilitation, though their reach is uneven. The study concludes that while the legal framework is adequate, stronger policies, better budgeting, and improved public education are needed. Recommendations include expanding community-based health programs, enhancing geriatric training, and strengthening multi-stakeholder collaboration to support active aging.
Implementation of Criminal Sanctions as Ultimum Remedium in Article 100 of Law Number 32 of 2009 concerning Environmental Protection and Management Rustandi, Dedi; Yulia Anggraeni, Happy
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.v10i1.6555

Abstract

Criminal law enforcement against environmental violations serves as the last step (ultimum remedium) used when administrative sanctions are proven to be unable to stop violations. This study aims to analyze the application of the principle of ultimum remedium and assess the suitability of the application of Article 100 paragraphs (1) and (2) in Law Number 32 of 2009 concerning Environmental Protection and Management in cases of environmental pollution carried out by PT. Trisan Abadi. This study uses a normative juridical method with a case study approach. The results of the study show that the relevant agencies have first issued administrative sanctions through Decree Number 660.31/Kep.412-DLH/2020. However, because business actors do not comply with the sanctions and violations occur again, criminal sanctions are then imposed. The application of the articles used has met the elements of the law, including the imposition of responsibility on corporations as legal subjects. These findings show that although the principle of ultimum remedium has been implemented in accordance with the provisions, its effectiveness still needs to be improved through stricter supervision, training for law enforcement officials, and inter-agency synergy. These measures are important to have a deterrent effect and ensure sustainable environmental protection.
Environmental Crime Enforcement in Indonesia: Ultimum and Primum Remedium Perspectives Zhou, Valerie
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.v10i1.6579

Abstract

Environmental law enforcement in Indonesia continues to face significant challenges despite severe ecological and socio-economic impacts caused by environmental degradation. A key issue is the tendency to treat criminal law as primum remedium, leading to excessive criminalisation, whereas environmental law principles emphasise criminal sanctions as ultimum remedium. This imbalance weakens the role of administrative and civil instruments that are essential for achieving effective environmental restoration. This study aims to critically analyse the appropriate positioning of ultimum remedium and primum remedium within Indonesia’s environmental law enforcement framework and to identify the challenges encountered by law enforcement officials. Using a normative juridical method, it adopts a conceptual and legislative approach while examining legal doctrines and selected court decisions on environmental crimes. The findings indicate that although criminal sanctions remain crucial as deterrents, prioritising them as the main enforcement tool may undermine more substantive efforts toward ecological recovery. Strengthening administrative and civil mechanisms offers a more proportional and sustainable approach. The study concludes that Indonesia must clarify parameters for applying criminal sanctions and enhance synergy across legal instruments to realise effective environmental protection and ecological justice.

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