Jurnal Ilmu Hukum KYADIREN
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.
Articles
297 Documents
<![CDATA[The Constitutional Legitimacy of Temporary Advocate Identification in the Indonesian Legal System ]]>
<![CDATA[Lutfiadi, Lutfiadi]]>;
<![CDATA[Wardani, Win Yuli]]>;
<![CDATA[Heryanti, Febrina]]>;
<![CDATA[Camelia, Noer Dini]]>;
<![CDATA[Hanayanti, Citra Siwi]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.295
<![CDATA[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.]]>
<![CDATA[Alcohol Abuse Among Minors in Tirtomoyo: Patterns, Contributing Factors, And Prevention Strategies ]]>
<![CDATA[Firmansyah, Aditya Citra]]>;
<![CDATA[Ayu, Hanuring]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.296
<![CDATA[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.]]>
<![CDATA[Regulations Without Protection: State Failure in Safeguarding Passenger Rights ]]>
<![CDATA[Sibatuara, Enjelina]]>;
<![CDATA[Sudiro, Amad]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.297
<![CDATA[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.]]>
<![CDATA[Objective Liability and Consumer Protection in Land Public Transport ]]>
<![CDATA[Sepriani, Sarnida]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.298
<![CDATA[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.]]>
<![CDATA[Legal Gaps in Waste Management Regulation of Indonesia’s Fashion Industry ]]>
<![CDATA[Ghufroni, Achmad]]>;
<![CDATA[Silaswaty, Femmy]]>;
<![CDATA[Yudanto, Dika]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.299
<![CDATA[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.]]>
<![CDATA[Regulatory Gaps and the Emerging Risk of Electric Vehicle Battery Fires in Indonesia ]]>
<![CDATA[Rudijanto, Maria Natasha]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.300
<![CDATA[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.]]>
<![CDATA[Wanted List-Based Drug Law Enforcement: Effective Strategy or Mere Formality? ]]>
<![CDATA[Thie, Naysa Andrea]]>;
<![CDATA[Adhari, Ade]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.301
<![CDATA[The widespread abuse of narcotics in Indonesia represents a multifaceted issue, significantly exacerbated by weaknesses within the law enforcement system—particularly in the arrest of individuals listed on the Wanted Persons List (DPO). This study aims to (1) identify the legal procedures for determining DPO status, (2) evaluate the strategies and operational challenges involved in the arrest process, and (3) analyze the role of information technology and inter-agency cooperation in enhancing the effectiveness of law enforcement. Employing an empirical juridical method with a qualitative approach, the research draws upon document analysis and in-depth interviews with law enforcement personnel. The findings reveal that, although the legal foundation for determining DPO status is well established, its implementation is hindered by structural barriers, limited inter-agency coordination, and the suboptimal application of digital technologies. The study concludes by underscoring the urgent need for the integration of digital systems, the reinforcement of cross-institutional collaboration, and the enhancement of human resource capacity to effectively support the eradication of narcotics-related crimes in Indonesia.]]>
<![CDATA[When the Perpetrator Is an Educator: Assessing Justice in the Juvenile Criminal Justice System ]]>
<![CDATA[Susanto, Maurend Benaya Immanuel]]>;
<![CDATA[Hutabarat, Rugun Romaida]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.303
<![CDATA[Sexual violence against children perpetrated by educators constitutes an egregious crime that endangers the safety and future of the nation’s youth. Although Indonesia’s special criminal law—primarily through the Child Protection Law—has established legal mechanisms for safeguarding child victims, its implementation within the judiciary remains inconsistent. This study aims to critically examine sentencing disparities in District Court Decision No. 157/Pid.Sus/2020/PN Tbn and High Court Decision No. 1271/Pid.Sus/2020/PT SBY, and to assess the extent to which the lex specialis framework is consistently applied to ensure maximum protection for child victims. Employing a normative legal approach combined with case analysis and legal document review, the study reveals inconsistencies in the imposition of criminal sanctions, including the failure to apply supplementary penalties, indicating a systemic lack of victim-centered bias in judicial decisions.]]>
<![CDATA[The Misuse of Police Escorts and the Decline of Ethical Standards in Law Enforcement Institutions ]]>
<![CDATA[Yonathan, Albertus Agung]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.304
<![CDATA[The misuse of Patrol and Escort (Patwal) facilities by internal members of the Indonesian National Police (Polri) has sparked public controversy and contributed to the erosion of public trust in the police institution. This study aims to examine the legal provisions governing the Patwal function as outlined in Law Number 2 of 2002, identify applicable sanctions for abuses of authority, and assess the legal and sociological implications of such misconduct on the institutional image and legitimacy of the Polri. Employing a normative legal approach and a descriptive qualitative method, this study is based on an extensive review of legal literature and case analyses. The findings reveal that the misuse of Patwal facilities reflects systemic weaknesses in internal oversight, a lack of integrity among personnel, and the ineffectiveness of administrative, ethical, and criminal sanction mechanisms. These violations underscore a persistent gap between established legal norms and actual field practices, further deteriorating public perceptions of the professionalism of the police force. This study recommends comprehensive regulatory reform, enhanced supervisory mechanisms, and institutional restructuring as strategic measures to restore public confidence and promote a fair, transparent, and accountable system of law enforcement.]]>
<![CDATA[Progressive Legal Approaches and the Prosecutorial Challenges in Executing the Indosurya Case ]]>
<![CDATA[Sikotti, Dennis Fer]]>
<![CDATA[ Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren ]]>
Publisher : <![CDATA[PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua ]]>
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DOI: 10.46924/jihk.v7i1.305
<![CDATA[Asset recovery for victims in money laundering cases (Tindak Pidana Pencucian Uang/TPPU) poses a significant challenge within Indonesia’s criminal justice system, particularly in complex cases such as the Indosurya Savings and Loans Cooperative (KSP Indosurya). This study aims to evaluate the technical, legal, and institutional barriers encountered by executing prosecutors in implementing court decisions intended to restore victims’ financial losses. The research employs a normative legal approach, incorporating case studies and analyses of statutory regulations, judicial decisions, and execution documents. The findings reveal key obstacles, including discrepancies between court rulings and the factual conditions of the seized assets, the absence of explicit language such as “confiscated for the state” in verdicts, and weak inter-agency coordination. The study concludes that procedural reform and the adoption of a progressive legal approach are essential to ensure the effective enforcement of victim restitution. It recommends cross-sectoral synchronization and the reinforcement of the legal framework for asset execution as critical steps toward achieving substantive justice in money laundering cases.]]>
