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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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Prisoner Development as an Effort to Reduce Criminality: A Case Study at Class IIB Merauke Correctional Facility Tajuddin, Mulyadi
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.v7i1.277

Abstract

This study aims to analyze the implementation of inmate coaching patterns in reducing post-release criminality at the Class IIBMerauke Correctional Institution. The research method used is a sociological juridical approach, using primary and secondary data collected through document searches and literature research. The results showed that the pattern of coaching of prisoners inMerauke Class IIB Correctional Institution refers to the legal basis such as Law No. 22 of 2022 concerning Corrections and related regulations. Coaching is carried out through initial, advanced, and final stages which include personality development and independence development. Spiritual development is the main focus and has had a positive impact in reducing the post-releasecrime rate. However, there are several factors inhibiting the success of coaching, including overcrowding and stigmatization from the community.
Airline Legal Liability for Lost Cabin Baggage: A Review of Consumer Protection in Air Transportation Wibowo, Evan Fernando Agung; 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.v7i1.279

Abstract

This study examines the legal liability of airlines for the loss of passengers’ belongings stored in cabin baggage—an issue that frequently arises yet remains largely overlooked by current legal frameworks. In contrast to checked baggage, cabin baggage remains under the direct supervision of passengers, leading airlines to often deny responsibility for losses. Employing a normative legal approach, this research analyzes applicable laws, regulations, and case studies, particularly judicial decisions involving disputes between passengers and international airlines. The findings indicate that legal, administrative, technical, and economic barriers constitute significant obstacles for passengers seeking compensation. The study underscores the need to re-evaluate the principle of limitation of liability, enhance cabin security standards, and strengthen consumer dispute resolution mechanisms to establish a more equitable and effective system of protection.
Discrepancies Between Legal Norms and Practices in the Protection of Notaries Santoso, Roni Joyo; Hamid, Adnan
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.v7i1.284

Abstract

This study examines the legal protection afforded to notaries in the execution of their official duties, particularly in the context of criminal legal proceedings. Utilizing a normative legal approach and detailed case analysis, the research reveals that the current legal protection mechanisms for notaries remain suboptimal, largely due to the inadequate enforcement of Article 66 of the Notary Law. The frequent criminalization of notaries is attributed to ambiguous distinctions between ethical breaches, administrative violations, and criminal offenses. Although the Notary Honorary Council (MKN) is designated to serve as an initial filter in such matters, its role is frequently overlooked by law enforcement agencies. This study advocates for the strengthening of the MKN’s authority, the development of integrated procedural guidelines, and the harmonization of relevant laws and regulations to ensure more effective and equitable legal protection for notaries. The findings aim to inform future legal reforms focused on safeguarding the integrity of the notary profession.
The Urgency of Regulatory Accountability for Protecting Victims of Sexual Violence in Cyberspace Pratama, Muhammad Yusuf Isa; Putri, Hanuring Ayu Ardhani; Nurwanti, Yulian Dwi
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.v7i1.285

Abstract

The advancement of digital technology has contributed to a rise in incidents of sexual violence, particularly those perpetrated through electronic media. This study aims to examine the urgency and effectiveness of the Electronic Information and Transactions (ITE) Law and the Law on the Crime of Sexual Violence (TPKS Law) in providing legal protection for women who are victims of digital sexual violence. It also explores the challenges in implementing these regulations and offers recommendations for strengthening the existing legal framework. Employing a normative legal approach, the study finds that although both laws offer a foundational legal basis, their implementation remains hindered by entrenched patriarchal norms, low levels of digital literacy, and limitations in law enforcement capacity. The study concludes that enhancing legal protection necessitates the development of responsive regulatory measures, secure reporting mechanisms, and improved capacity among law enforcement personnel, alongside greater public awareness. The findings underscore the need to reform the legal protection system to ensure it effectively prioritizes the rights of victims.
Digital Transformation of Villages in the Framework of Fiqh Siyasah and Good Governance Kurniawati, Fifi; Syukur, Iskandar; Nurkholidah, Susi
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.v7i1.286

Abstract

This study explores the implementation of the Smart Village program in the digitalization of administrative services in Bangun Rejo Village, Central Lampung, through the lens of fiqh siyasah and the principles of good governance. The program represents a governmental initiative aimed at enhancing public service delivery through the use of information technology. Employing a descriptive qualitative method, data were collected through observation, interviews, and documentation. The findings reveal that the program encounters several challenges, particularly in technological infrastructure, human resource capacity, and community engagement. Nevertheless, from a fiqh siyasah perspective, the initiative reflects the responsibility of ulil amri (legitimate authority) to promote public welfare. In conclusion, the success of the Smart Village program relies significantly on strengthening digital literacy, fostering multi-sector collaboration, and implementing governance practices rooted in Islamic ethics that emphasize participatory and responsive principles.
Why Does Hazardous and Toxic Waste Continue to Pose a Threat to Mulya Asri Village? Habibah, Corrist Fatihal Salwa; Mahmudah, Siti; Frenki, Frenki
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.v7i1.287

Abstract

The management of household hazardous (B3) waste in rural areas continues to face significant challenges related to regulatory frameworks, public awareness, and the integration of Islamic values. This study aims to analyze the role of the Environmental Service in managing hazardous waste and to offer strategic recommendations grounded in existing regulations and the principles of Fiqh Siyasah Tanfidziyah to enhance B3 waste management in Mulya Asri Village, West Tulang Bawang Regency. A qualitative descriptive method was employed, utilizing interviews, observations, and document analysis. The findings reveal that the implementation of regional policies remains suboptimal, hindered by inadequate infrastructure, limited public education, and insufficient integration of Islamic principles concerning environmental stewardship. The study concludes that improving B3 waste management requires the integration of regional policies with a religiously informed welfare-based approach. It recommends strengthening regulatory frameworks, promoting Islamic-based environmental education, and fostering cross-sector collaboration at the village level.
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.

Page 17 of 30 | Total Record : 297

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