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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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The Impact of Regulatory Deregulation on the Effectiveness of Hazardous and Toxic Materials (B3) Management Permits at PT Futai Tanjung Merah Rompas, Deizen D.; Muaja, Harly S.; Lembong, Roy Ronny
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.348

Abstract

Amendments to environmental regulations under Law No. 11 of 2020 on Job Creation have generated significant implications for the environmental licensing framework, particularly in the management of Hazardous and Toxic Substances (B3). This study aims to provide a comprehensive examination of the technical procedures for implementing B3 management permits at PT Futai Tanjung Merah, Bitung City, in accordance with Law No. 32 of 2009, Government Regulation No. 74 of 2001, and Government Regulation No. 101 of 2014. It also analyzes the administrative, technical, and institutional barriers that affect the effectiveness of implementation. Employing a descriptive qualitative design with a juridical-empirical approach, this research utilizes interviews, field observations, and legal document analysis as its primary data collection methods. The findings reveal that, while the implementation of B3 permits generally complies with existing regulations, their overall effectiveness remains constrained by policy overlaps, inadequate supervision, and limited public participation. The study concludes that achieving efficient environmental permit governance requires stronger synergy between legal certainty, institutional capacity, and public transparency.
Judicial Reasoning in Personal Data Misuse Cases: The Application of the Personal Data Protection Law in Court Decisions Chandra, Clarissa Mayella; Rasji, Rasji
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.350

Abstract

The rapid advancement of digital technology has heightened the risk of personal data misuse, thereby necessitating effective law enforcement under Law Number 27 of 2022 on Personal Data Protection (PDP Law). This study aims to examine judges’ legal reasoning in adjudicating cases of personal data misuse and to analyze the application of the PDP Law within Indonesia’s criminal justice system. Specifically, it assesses the alignment between the ideal legal principles (das sollen) and the practical implementation (das sein). Employing a normative juridical approach combined with qualitative analysis, this research examines three court decisions: Decision No. 77/Pid.Sus/2024/PN Tangerang, Decision No. 78/Pid.Sus/2024/PN Tangerang, and Decision No. 5/Pid.Sus/2023/PN Karanganyar. The findings reveal that judges have begun to internalize the paradigm of personal data protection through the application of Articles 67 and 68 of the PDP Law, although variations in interpretation and implementation persist. The study concludes that Indonesia’s judicial practice is undergoing a gradual transition toward a more consistent enforcement of privacy law, yet further development of jurisprudential guidelines and enhanced judicial capacity remain essential to strengthening privacy protection in the digital era.
Enforcement of Maternity Leave Rights for Female Workers under Labor Law Octwelfth, Florentina Ezrahi; Rasji, Rasji
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.351

Abstract

The protection of maternity leave rights for female workers represents an embodiment of the principles of social justice and humanity as mandated in Article 27(2) of the 1945 Constitution. However, in practice, violations of these rights continue to occur across various employment sectors. This study aims to analyze the legal provisions governing maternity leave rights under Law No. 13 of 2003 on Manpower and to evaluate the extent to which their implementation reflects the principles of justice, legal certainty, and humanity. Employing a normative juridical approach through the analysis of primary and secondary legal materials as well as industrial relations court cases, the study finds that although the normative framework provides clear legal protection, its implementation remains weak due to inadequate supervision, low legal awareness, and persistent gender bias in the workplace. In conclusion, the Indonesian labor law system formally upholds legal certainty but has yet to fully achieve substantive justice and humanitarian protection for pregnant female workers.
Marriage Dispensation Following Amendments to the Marriage Law: A Study on the Legal Awareness of the Jember Regency Community Suryanti, Rina; Anisah, Inayatul; Martoyo, Martoyo
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.352

Abstract

Five years after the amendment of Law No. 16 of 2019, applications for marriage dispensations have risen sharply, particularly in Jember Regency, which recorded the highest rate in East Java. This article examines whether this phenomenon reflects an increase in legal awareness or merely administrative compliance with the ongoing practice of child marriage. Using a juridical-sociological approach, this study combines normative analysis of legal regulations and concepts with empirical data obtained through observation, interviews, and documentation. The findings reveal that although Supreme Court Regulation (PERMA) No. 5 of 2019 provides clear guidelines for judges, Pandalungan cultural influences and socioeconomic factors continue to sustain early marriage practices. The surge in cases demonstrates a form of instrumental legal awareness—people understand the law but utilize it to maintain traditional norms. This research recommends strengthening evidentiary standards, implementing mandatory psychosocial and medical assessments, and promoting community-based prevention strategies.
Legal Protection for Esports Athletes Against Freeze Contract Clauses in Employment Relationships Charomain, Mochammad Imam; Gunadi, Ariawan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.355

Abstract

The rapid expansion of the esports industry in Indonesia has not been accompanied by adequate legal certainty regarding employment relationships between athletes and teams, thereby creating opportunities for detrimental contractual practices, including freeze contracts that restrict athletes’ mobility and fundamental rights. This study aims to (1) identify forms of workers’ rights violations arising from the implementation of freeze contracts and (2) assess the adequacy of the existing regulatory framework—including PBESI Regulation Number 034/PB-ESI/B/VI/2021, the Sports Law, and the Manpower Law—in providing legal protection for esports athletes. This study employs a normative juridical method using statutory, conceptual, and case-based analytical approaches. The findings indicate that freeze contracts have the potential to violate the rights to freedom of employment, income security, and equality within the employment relationship. Moreover, the current regulatory framework does not specifically address employment protection for esports athletes. In conclusion, regulatory reform and strengthened contract oversight mechanisms are required to ensure effective and equitable legal protection for athletes.
Effectiveness of the Mechanisms for Transferring Inherited Land to Heirs Who Are Foreign Nationals Rahmawan, Evita Nuraini; Djaja, Benny
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.356

Abstract

Ownership and the transfer of freehold land to heirs who are foreign nationals constitute a critical issue in Indonesian agrarian law, as they intersect with the principle of nationality, limitations on property rights, and the pluralism of inheritance law. This study aims to provide a comprehensive examination of the normative foundations of the Basic Agrarian Law (UUPA), the regulation of ownership rights, and the mechanisms for transferring or converting the status of inherited land received by foreign national heirs. The research employs a normative legal method using statutory, conceptual, and comparative approaches to analyze relevant legal regulations and doctrines. The findings show that foreign national heirs may inherit freehold land but are required to transfer it within one year through sale, donation, APHW/APHB, or by converting the land status to a right of use. The study concludes that the Indonesian legal framework offers legal certainty while safeguarding national interests, although its implementation still requires strengthening through public outreach and improved administrative mechanisms.
Unveiling the Injustice Behind Employers’ Diploma Withholding Practices in Indonesia Ranti, Gabriella; Rasji, Rasji
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.358

Abstract

This study is motivated by the widespread practice of employers withholding employees’ diplomas as a form of job security, which raises serious concerns from both labor law and human rights perspectives in Indonesia. The purpose of this research is to assess the conformity of this practice with the principles of justice, freedom of contract, and human rights protection, as well as to analyze the legal remedies available to employees for reclaiming ownership of their diplomas through non-litigation and litigation mechanisms. The study employs a normative juridical approach, analyzing relevant laws and regulations, legal doctrines, and court decisions. The findings indicate that the withholding of diplomas violates fundamental principles of labor law and infringes upon employees’ personal property rights. The most effective means of resolution is mediation, and if such efforts fail, legal action through the Industrial Relations Court. In conclusion, this practice should be explicitly prohibited through legislative reform to ensure justice and the protection of workers’ rights.
The Dual-Position Polemic: Questioning The Normalization Of Legal Regulation Violations Amid Efforts To Achieve Good Governance Tarigan, Chandra; Azrianti, Seftia; Rabu, Rabu
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.357

Abstract

The practice of holding multiple positions (concurrent posts) in Indonesia has become a habit and is often regarded as something normal and acceptable. Every government regime, from time to time, continues to engage in this practice, which has even become more widespread. In fact, several laws and regulations clearly prohibit and restrict such practices. However, it must be acknowledged that existing loopholes in legal regulations are often used as justifications to legitimize the practice of holding multiple positions.This study seeks to describe the increasingly widespread phenomenon of concurrent office-holding in Indonesia and its impact on the ideals of realizing good governance, using a normative juridical method. The government should take a firm and decisive stance regarding this matter, as the practice of holding multiple positions has a tangible negative impact, particularly on the implementation of effective, corruption-free, and good governance.
Criminal Liability of Defendants with Bipolar Disorder from the Perspective of Justice in Supreme Court Decision No. 1209 K/Pid.Sus/2023 Virriantaka; Adhari, Ade
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.359

Abstract

In Indonesia, criminal law stipulates that a person can only be held accountable for their actions if there is an element of fault, in addition to meeting the principle of legality. Criminal liability aims to determine whether the perpetrator should indeed bear the consequences of their actions. On the other hand, Bipolar Disorder is a serious mental condition that causes drastic mood changes, which can affect a person’s ability to control their behavior and actions. This study aims to examine the extent to which the principle of justice is applied in determining criminal liability for defendants suffering from Bipolar Disorder, as illustrated in Supreme Court Decision Number 1209K/Pid.sus/2023. The methods used include the Statute Approach and the Case Approach. The findings show that the provisions regarding criminal liability are contained in Article 44 of the former Criminal Code (KUHP) as well as Articles 38 and 39 of the new Criminal Code (Law Number 1 of 2023). However, in practice, the judges’ decision has not been entirely fair, as the defendant’s Bipolar Disorder was not taken into consideration. In fact, criminal law should not only focus on punishment but also take into account the condition of the perpetrator, including the defendant’s mental state. By doing so, the imposed sentence can be more humane and appropriately targeted.
Private Sector and the 1% Disability Quota: Legal Responsibilities in Indonesia Agustin, Dila Wahyu; Gunadi, Ariawan
Jurnal Ilmu Hukum Kyadiren Vol 7 No 2 (2026): 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.v7i2.362

Abstract

The background of this research is the challenge of fulfilling the 1% disability employment quota by private companies in Indonesia, in accordance with Law No. 8 of 2016 on Persons with Disabilities. Despite the regulations outlining this obligation, companies often face obstacles such as low legal awareness, social stigma, and a lack of disability-friendly infrastructure. This study employs a juridical-normative research method with statutory, conceptual, and analytical approaches to relevant regulations and their implementation practices. The findings show that although the government has made efforts to encourage companies to meet the disability quota through incentives and sanctions, consistent implementation remains limited. Strengthening oversight and increasing legal awareness are necessary to address these challenges. Additionally, applicable solutions include improving accessibility facilities and providing training programs for companies to better address the challenges of disability inclusion.

Page 25 of 30 | Total Record : 297

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