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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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Legal Remedies for Resolving Land Disputes under Indonesia’s Positive Law : An Evaluation of Effectiveness and Justice Moa, Fransiskus Rifandy; Djajaputra, Gunawan
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.v7i1.306

Abstract

Land disputes in Indonesia represent a complex structural issue, shaped by overlapping legal frameworks, weak administrative systems, and the limited recognition of indigenous peoples’ rights. This study aims to analyze the mechanisms for resolving land disputes based on positive law, identify key obstacles to their implementation, and evaluate their effectiveness in ensuring both legal certainty and substantive justice. Employing a normative legal approach and qualitative-descriptive analysis, the study draws on legal texts, court decisions, and relevant academic literature. The findings indicate that although positive law offers a formal framework for dispute resolution, its practical effectiveness is constrained by bureaucratic inefficiencies, unequal access to justice, and the marginalization of customary law. In contrast, alternative mechanisms—such as mediation and customary law-based processes—have demonstrated greater adaptability to local contexts and socio-cultural realities. The study concludes that an integrative approach, combining the normative structure of positive law with non-litigation mechanisms rooted in local values, is essential for developing an effective and equitable land dispute resolution system in Indonesia.
Deconstructing Gender Bias in Child Custody Decisions in the Indonesian Legal System Adriel, Kenneth; Hadiati , Mia
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.v7i1.307

Abstract

This study is motivated by the growing complexity of post-divorce child custody determinations, particularly in cases where the mother declines her custodial responsibilities and the father petitions for custody as the primary caregiver. The objective of this research is to analyze the legal basis and judicial considerations underlying the assignment of custody rights to fathers, to identify the influence of social, psychological, and financial factors on such decisions, and to assess the contribution of these elements to strengthening the best interests of the child principle. Employing a normative legal approach, this study centers on the Cikarang District Court Decision No. 38/Pdt.G/2019/PN Ckr as its case study. The findings reveal that the court’s ruling was grounded in legal documentation, the child’s emotional condition, environmental stability, and the father's financial capability. The study concludes by underscoring the critical importance of prioritizing the child's best interests over gender-based assumptions and advocates for more responsive, evidence-based, and child-centered custody policies in Indonesia.
Reevaluating Actio Pauliana: Between Legal Norms and Practical Realities Elfayet , Danitia; Adam, Richard C.
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.v7i1.308

Abstract

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When the Law Fails to Protect Children with Disabilities from Sexual Abuse Pidesta, Nigel Jordan Giorgia Nandito; Ayu, Hanuring; Zakariya, Hafid
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.v7i1.309

Abstract

Sexual abuse of children with disabilities represents a particularly complex form of sexual violence and poses significant challenges to the criminal justice system in Indonesia. This study aims to analyze the differences in the application of criminal law to perpetrators of child molestation against children with disabilities and those without, to assess the extent to which national legal frameworks have incorporated the principle of substantive justice for victims with disabilities, and to identify the key factors contributing to weak legal protection—both in terms of legal substance, institutional structure, and socio-cultural context. The study employs a normative legal approach, utilizing doctrinal analysis of statutory regulations alongside selected case studies. The findings reveal that, despite the existence of relevant legal instruments—such as Law No. 35 of 2014 on Child Protection, Law No. 8 of 2016 on Persons with Disabilities, and Law No. 12 of 2022 on Sexual Violence—legal protections for children with disabilities remain largely formalistic and fail to adequately address the specific needs of these vulnerable victims. The study concludes by emphasizing the urgent need for a fair and substantive reformulation of laws and policies, as well as a comprehensive restructuring of the criminal justice system to make it more responsive and inclusive toward vulnerable populations.
Assessing the Effectiveness of Sukoharjo Bawaslu in Electoral Oversight Amid Institutional Constraints Lestari, Etik Sri; Faried, Femmy Silaswati; Zaelani, Aziz
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.v7i1.310

Abstract

This study is driven by the pressing need for effective and independent election oversight to ensure the 2024 General Election is conducted in a democratic, honest, and fair manner. The primary focus is to evaluate the institutional existence and performance of the Sukoharjo Regency General Election Supervisory Body (Bawaslu) in executing its supervisory functions across all stages of the electoral process, as well as to identify the strategies employed for preventing and addressing electoral violations. Utilizing an empirical legal approach, this research employs data collection methods including interviews, document analysis, and field observations. The findings reveal that Bawaslu Sukoharjo has generally fulfilled its duties and exercised its authority in accordance with constitutional mandates and prevailing regulations. Nevertheless, the institution continues to encounter a range of structural, cultural, and technical challenges—most notably, limitations in human resources, budget constraints, and low levels of public participation. In conclusion, the effectiveness of electoral supervision is strongly influenced by the enhancement of institutional capacity and the development of synergistic collaborations with other key stakeholders within the local electoral democracy ecosystem.
Public Trust and the Legal Validity of Electronic Signatures in Indonesia Lahangatubun, Nurjana; Muliyono, Andi
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.v7i1.311

Abstract

The advancement of digital technology has accelerated the adoption of electronic signatures (ETS) in a wide range of civil transactions in Indonesia. However, their legal validity and evidentiary strength continue to present significant challenges. This study seeks to examine the legal foundations governing the validity of ETS within the framework of Indonesian civil law, evaluate their recognition as admissible evidence in judicial proceedings, and identify key implementation barriers related to technical infrastructure, procedural limitations, and public trust. Employing a normative legal approach combined with jurisprudential analysis of court decisions from 2018 to 2025, the study finds that while certified ETS are normatively recognized as legally valid, their practical application remains inconsistent—particularly in cases involving uncertified ETS. The primary impediments include limited technical capacity among law enforcement personnel, low levels of digital literacy, and uneven access to certification infrastructure. In conclusion, the effective implementation of ETS in Indonesia requires regulatory harmonization, capacity-building within judicial institutions, and efforts to strengthen public confidence in the legal validity and security of ETS within the national legal system.
Marriage Contract in the Presence of a Corpse: Legal Perspectives in Islamic and State Law Sari, Elsa Jeni Isma; Baihaqi, Yusuf; Hermanto, Agus
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.v7i1.312

Abstract

The tradition of conducting a marriage contract in front of the deceased parents’ bodies remains preserved in Aji Jaya KNPI Village, Gedung Aji District, Tulang Bawang Regency. Rooted in symbolic and spiritual motives—such as fulfilling the final wishes of the deceased and upholding family honor—this practice continues to be observed as a customary norm. This study aims to examine the validity of the practice from the perspective of Islamic law, assess its status through the concept of ʿurf ṣaḥīḥ, analyze the 40-day post-marital abstinence as a local customary prohibition, and construct normative arguments within the frameworks of Islamic family law and Indonesian positive law. Employing a descriptive qualitative methodology, data were collected through interviews, observations, and document analysis. The findings reveal that the practice is legally valid under Islamic law if the essential pillars and conditions of marriage are fulfilled, and may be classified as ʿurf ṣaḥīḥ when it does not contradict sharia principles. However, under Indonesian state law, the marriage holds no legal standing unless registered with the Office of Religious Affairs (KUA). In conclusion, this tradition reflects a form of legal and cultural syncretism between local customs, Islamic jurisprudence, and formal legal norms—requiring thoughtful management and contextual understanding.
Legal Protection of E-Commerce Consumers’ Personal Data Under Indonesian Law Mansawan, Isak Semuel Kejne; Sassan, Jonhi; Bernard, Jefri
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.v7i1.320

Abstract

The protection of consumer personal data within Indonesia’s digital ecosystem remains a critical challenge, particularly following the enactment of Law No. 27 of 2022 on Personal Data Protection (PDP Law). This study aims to examine the implementation of the PDP Law from three key perspectives: government oversight, compliance among e-commerce business actors, and consumer legal awareness. Employing a combined normative and sociological legal approach, the study utilizes literature review as its primary data collection method. The findings reveal three primary impediments to effective implementation: the absence of an independent supervisory authority, the largely formalistic compliance of digital business entities, and the low level of legal literacy among consumers regarding their personal data rights. The study also highlights potential overlaps with provisions in the Electronic Information and Transactions (ITE) Law, particularly in terms of jurisdiction and enforcement mechanisms. In conclusion, without robust institutional support and comprehensive public legal education, the PDP Law risks becoming ineffective in safeguarding consumer privacy and ensuring meaningful personal data protection in the digital age.
A Critical Review of Shopee’s Consumer Compensation Policies: An Indonesian Legal Perspective Jumiran, Jumiran; Bonggoibo, Alice; Kariadi, Junaedi
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.v7i1.321

Abstract

The rapid growth of e-commerce in Indonesia has led to a significant rise in digital transactions; however, this expansion has not been accompanied by a commensurate advancement in the effectiveness of consumer protection, particularly regarding compensation mechanisms. This study aims to examine the extent to which the compensation system on the Shopee platform safeguards consumer rights both procedurally (in terms of accessibility and transparency) and substantively (in terms of fairness of compensation). It also seeks to identify the power imbalance between business actors and consumers and to evaluate the application of Article 19 of Law Number 8 of 1999 on Consumer Protection within the context of digital transactions. Employing a normative legal approach and qualitative analysis of relevant regulations, platform policies, and user case studies, the study reveals that Shopee’s compensation mechanism remains inadequately transparent and equitable, with significant dominance by business actors. This structural imbalance undermines the effective protection of consumer rights. The findings highlight the urgent need for regulatory reinforcement and the development of a more solution-oriented online dispute resolution framework.
Environmental Law, the State, and the People: Examining the Reciprocal Obligations of Protection Hastiyanto, Febri; Faried, Femmy Silaswaty; 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.v7i1.322

Abstract

Widespread environmental degradation in Indonesia frequently gives rise to conflicts among local communities, the state, and business entities. Although Law No. 32 of 2009 provides a legal framework for resolving environmental disputes, the effectiveness of its implementation remains uncertain. This study examines the efficacy of both litigation and non-litigation mechanisms—particularly mediation and administrative approaches—in addressing such disputes. It also assesses the integration of customary law into the national legal system and identifies critical weaknesses in the enforcement of environmental regulations. Employing a normative legal approach supported by case studies of nine environmental conflict cases, the findings indicate that mediation and administrative legal processes often fail to deliver ecological justice. Moreover, customary law remains insufficiently harmonized with formal legal structures. Weak law enforcement, overlapping institutional authorities, and limited community participation further hinder effective resolution. The study concludes that regulatory reform, the strengthening of customary legal systems, and community empowerment are essential to enhancing environmental dispute resolution in Indonesia.

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