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Jurnal Ilmu Hukum KYADIREN
Published by Sekolah Tinggi Ilmu Hukum Biak-Papua
ISSN : 25025058     EISSN : 2715503X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Kyadiren menerima manuskrip dengan topik-topik terkait masalah hukum di indonesia dan mancanegara secara umum. Artikel-artikel yang dikirim mencakup permasalahan seputar hukum perdata (Civil Law), hukum pidana(Criminal Law), hukum acara perdata (Civil Procedural Law), Hukum acara pidana (Criminal Procedure Law), hukum dagang (Commercial Law), hukum konstitusi (Constitutional Law), hukum internasional (International Law), hukum administrasi negara (State Administrative Law), hukum adat (Adat Law), hukum agama (Islamic Law), hukum agraria (Agrarian Law), hukum lingkungan (Environmental Law), Hukum Pendidikan (Educational Law), Bahasa Hukum (Legal Linguistics) dan sebagainya.
Arjuna Subject : Umum - Umum
Articles 297 Documents
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Does The Validity of a Sale and Purchase Deed Persist When Underlying Debt Is Concealed? Pranata, Kimas; Samosir, Tetti; Sihombing, B. F.
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.288

Abstract

This study is motivated by the widespread practice of transferring land rights through deeds of sale and purchase that, in substance, are essentially based on debt obligations. The research aims to analyze the nature and characteristics of unlawful acts (PMH) as defined in Article 1365 of the Civil Code, examine the validity of simulative land sale and purchase deeds, and assess the legal responsibility of the Land Deed Officials (PPAT) in transactions that do not reflect the true intent of the parties involved. Employing a normative legal methodology with statutory, jurisprudential, and doctrinal approaches, the study finds that the elements of unlawful acts are met, and while the deeds of sale and purchase are formally valid, they are materially defective. Furthermore, PPATs have been found negligent in fulfilling their duty to verify the parties’ genuine intentions. The study concludes that regulatory reforms and heightened diligence by PPATs are essential to ensure substantive justice in land transactions.
Why Do Drivers Still Go Against Traffic Flow? : A Study of Regulations, Social Responses, and Perspectives from Islamic Political Jurisprudence (Siyasah Fiqh) Aliffa, Salwa Putri; Sukandi, Ahmad
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.292

Abstract

The prevalence of traffic violations, particularly wrong-way driving, in the strategic areas of Bandar Lampung City highlights the limited effectiveness of local regulatory efforts in managing urban traffic behavior. This study aims to assess the implementation of Bandar Lampung Mayor Regulation No. 01 of 2018 and examine it through the lens of fiqh siyasah tanfīdhīyah (Islamic administrative governance). Employing a qualitative approach with a descriptive-analytical method, data were collected through field observations, in-depth interviews, and document analysis. The findings reveal that the enforcement of the regulation remains suboptimal due to inadequate public outreach, weak institutional oversight, and low levels of legal awareness among the public. From the perspective of fiqh siyasah tanfīdhīyah, the policy’s implementation does not fully embody the principles of justice, public welfare (maslahah), and administrative responsiveness. This study underscores the necessity of a collaborative, multi-stakeholder approach involving governmental authorities, community leaders, and road users to foster more effective and equitable traffic governance
Reforming Mortgage Execution Norms to Enhance Justice for Debtors Taufano, Martinus Al Ibrani Giga; Silalahi, Wilma
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.293

Abstract

The execution of mortgage rights under Article 6 of Law No. 4 of 1996 grants creditors direct authority to sell collateral through public auctions without requiring a court order. However, this practice frequently results in procedural violations that harm debtors and undermine the principle of justice. This study aims to analyze the legal framework governing mortgage execution, identify common procedural violations in auction practices, and propose an ideal legal protection model for debtors. Employing a juridical-normative methodology, the study analyzes relevant laws and regulations alongside case documentation. The findings reveal a significant imbalance in the legal positions of creditors and debtors, primarily due to insufficient procedural oversight. The study concludes that reforming existing norms and enhancing supervisory mechanisms for execution auctions are essential to ensure legal certainty, protect debtor rights, and promote substantive justice within Indonesia’s collateral law system.
Weak Regulations, Harmed Consumers: An Evaluation of Digital Consumer Protection Mechanisms Nugraheni, Chyntia Regita; Khaerudin, Ariy; Dewi, Nourma
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.294

Abstract

The rapid growth of e-commerce in Indonesia has led to the rise of self-regulatory practices, particularly in the form of standard clauses unilaterally imposed by digital platforms. This development presents potential risks to the protection of consumer rights as stipulated in the Consumer Protection Law. This study aims to examine the presence of standard clauses within self-regulation, identify potential violations of consumer rights, and assess the effectiveness of existing legal protection mechanisms. A normative juridical method is employed, utilizing a statutory approach and case studies involving major e-commerce platforms in Indonesia. The findings reveal that many standard clauses fail to uphold the principles of fairness, transparency, and consumer safety. Moreover, the internal dispute resolution mechanisms provided by these platforms are often ineffective and tend to favor business actors. In conclusion, regulatory intervention and enhanced oversight of self-regulatory practices are necessary to ensure the optimal protection of consumer rights.
The Constitutional Legitimacy of Temporary Advocate Identification in the Indonesian Legal System Lutfiadi, Lutfiadi; Wardani, Win Yuli; Heryanti, Febrina; Camelia, Noer Dini; Hanayanti, Citra Siwi
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.295

Abstract

The rejection of the Temporary Advocate Identification (TPSA) by judicial panels in court proceedings presents significant legal and constitutional concerns, particularly with respect to the principles of legal certainty and the client’s right to legal representation. This study seeks to examine the legal status of the TPSA based on Indonesia’s positive legal framework, especially in relation to Law No. 18 of 2003 on Advocates and its implementing regulations. Furthermore, it evaluates the authority of advocate organizations in issuing identification cards as a means of establishing professional legitimacy. Utilizing a normative legal method combined with case study analysis of selected judicial decisions, this research finds that although TPSA is not explicitly regulated in statutory provisions, it possesses a valid administrative foundation. The rejection of TPSA in court proceedings has adverse implications for the constitutional rights of advocates and impairs clients’ access to legal counsel. Accordingly, the study recommends the establishment of formal regulatory recognition of TPSA to promote legal equality, procedural consistency, and the effective exercise of the right to defense within the judicial system.
Alcohol Abuse Among Minors in Tirtomoyo: Patterns, Contributing Factors, And Prevention Strategies Firmansyah, Aditya Citra; Ayu, Hanuring
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.296

Abstract

The abuse of alcoholic beverages by minors in Tirtomoyo District has been associated with an increase in various criminal acts, particularly physical abuse and sexual harassment. This study aims to identify the criminogenic factors contributing to this phenomenon, analyze the types of crimes that emerge as a result, and evaluate the effectiveness of prevention strategies implemented by both authorities and local communities. A qualitative-descriptive method was employed, utilizing interviews, direct observations, and documentation of police records from the Tirtomoyo Police Department spanning 2019 to 2022. The findings indicate that psychological instability, dysfunctional family environments, and a permissive social culture are among the primary contributing factors. Prevention efforts are currently conducted through community-based strategies encompassing repressive, preventive, and preemptive measures. The study concludes that effective mitigation requires cross-sector collaboration and the adoption of a context-sensitive legal framework to prevent the escalation of alcohol-related offenses among minors.
Regulations Without Protection: State Failure in Safeguarding Passenger Rights Sibatuara, Enjelina; Sudiro, Amad
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.297

Abstract

Flight delays remain a persistent issue in Indonesia’s air transportation sector, directly impacting passengers through financial and non-material losses. This study aims to (1) analyze the legal responsibilities of air transportation business entities for flight delays under Law Number 1 of 2009, (2) evaluate the effectiveness of the compensation claim settlement mechanism in accordance with Law Number 8 of 1999 on Consumer Protection, and (3) uncover structural inequalities in the legal relationship between airlines and passengers. Employing a normative legal approach, the study draws upon both primary and secondary legal sources. The findings reveal that, despite an adequate regulatory framework, the enforcement of legal responsibilities and the functionality of claims mechanisms remain weak. A significant imbalance in bargaining power and access to justice persists between passengers and airlines, further exacerbated by ineffective state oversight. This study concludes that policy reform and a strengthened state supervisory role are essential to ensure legal certainty and the effective protection of passenger rights.
Objective Liability and Consumer Protection in Land Public Transport Sepriani, Sarnida
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.298

Abstract

The loss of passenger luggage stored in cabin compartments during land transportation raises significant questions regarding the legal responsibility of public transportation companies. This study analyzes the legal liability of PT. Rosalia Indah Transport for passenger losses, examines the available compensation mechanisms under Law No. 22 of 2009 on Road Traffic and Transportation and Law No. 8 of 1999 on Consumer Protection, and offers normative recommendations for enhancing consumer protection in this sector. Utilizing a normative legal research approach, this study is based on statutory analysis and case studies. The findings demonstrate that transportation operators bear objective liability for passenger belongings under their supervision, and that compensation may be pursued through both non-litigation and litigation channels. The study concludes that the current system of legal responsibility and dispute resolution remains inadequate and requires procedural reforms to ensure fairness, transparency, legal certainty, and effective consumer protection in public transportation services.
Legal Gaps in Waste Management Regulation of Indonesia’s Fashion Industry Ghufroni, Achmad; Silaswaty, Femmy; Yudanto, Dika
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.299

Abstract

The fashion industry is among the sectors with significant potential to cause environmental pollution, particularly through liquid waste discharge, carbon emissions, and microplastic contamination. Despite these risks, Indonesia’s existing legal framework remains general in nature and lacks specific provisions addressing the environmental impacts of the fashion sector. This study aims to analyze both national and international legal frameworks concerning the environmental health implications of the fashion industry, identify normative and implemented weaknesses in current regulations, and assess the potential for harmonization with international legal principles and sustainability approaches, such as Extended Producer Responsibility (EPR). Employing normative juridical methods and a comparative legal approach, the study finds that Indonesia’s national regulations have yet to effectively address the distinct characteristics and environmental risks associated with the fashion industry. The study concludes by underscoring the urgent need for the development of responsive sector-specific regulations, the reinforcement of supervisory and enforcement mechanisms, and the integration of international principles to promote an environmentally sustainable fashion industry.
Regulatory Gaps and the Emerging Risk of Electric Vehicle Battery Fires in Indonesia Rudijanto, Maria Natasha
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.300

Abstract

The development of electric vehicles (EVs) in Indonesia is experiencing a positive trajectory; however, the risk of battery-related fires remains a significant challenge that is not yet comprehensively addressed within the national regulatory framework. This study aims to assess the effectiveness of Indonesia’s legal framework in mitigating the risk of EV battery fires by analyzing regulatory implementation, technical challenges, and the extent of consumer legal protection. A normative legal approach is employed, focusing on the analysis of national laws and regulations alongside relevant international standards. The findings reveal that existing national regulations remain fragmented and insufficiently responsive to the rapid advancements in battery technology, particularly concerning safety testing protocols and thermal risk management. When compared to international standards such as UNECE Regulation No. 100 and UL 2580, Indonesia’s legal framework demonstrates a substantial need for harmonization. In conclusion, the study highlights the urgent need for adaptive, integrated, and risk-based regulatory reforms to ensure consumer safety while simultaneously enhancing the competitiveness of Indonesia’s electric vehicle industry in both domestic and international markets.

Page 13 of 30 | Total Record : 297

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