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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 270 Documents
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Potential Monopoly Issues in the Grab–GOTO Merger Plan: An Analysis Under Indonesian Competition Law Lie , Cathleen; Lie, Gunardi
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.v7i2.378

Abstract

This study examines the potential monopolistic effects arising from the planned merger between Grab and Gojek, two dominant digital transportation platforms in Indonesia. As multi-sided markets characterized by strong network effects, ride-hailing platforms naturally tend toward high market concentration. The merger is projected to create a combined market share exceeding 90% and elevate the market's Herfindahl–Hirschman Index (HHI) far above conventional antitrust thresholds. Using a normative legal method supported by statutory analysis and the economic analysis of law, this research evaluates whether such a merger may violate Indonesia’s Law No. 5 of 1999 concerning anti-monopoly and unfair business competition, particularly regarding monopoly formation, dominant position, and anti-competitive mergers. The results indicate that the merger carries a high risk of creating a monopoly structure, increasing entry barriers, reducing consumer welfare, weakening drivers’ bargaining power, and enabling potential abuse of dominance. It is recommended that the Indonesian Competition Commission (KPPU) impose strong structural remedies or prohibit the merger entirely to preserve healthy competition in the digital platform industry.
A Legal Analysis of Consumer Protection Against the Risks Posed by the Online Distribution of Illegal Tabita Cosmetic Products Sinaga, Maria Adelweys Niken Aprilia; Kurnia, Ida
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.v7i2.379

Abstract

Advances in technology have accelerated the growth of the cosmetics industry; however, these developments are often exploited by businesses to distribute illegal products that fail to meet regulatory and safety standards. This study examines consumer protection mechanisms and the role of the Indonesian Food and Drug Monitoring Agency (BPOM) in responding to the circulation of illegal Tabita-brand cosmetics across digital media platforms. Using normative legal research with statutory and conceptual approaches, this study analyzes both primary and secondary legal materials. The findings indicate that consumer protection efforts are grounded in the Consumer Protection Law (UUPK), the Electronic Information and Transactions Law (UU ITE), BPOM regulations on cosmetics, and relevant e-commerce provisions. Preventive protection is carried out through the provision of accurate product information, while repressive protection consists of administrative, civil, and criminal sanctions. Nevertheless, law enforcement remains hindered by the anonymity of business actors in the digital environment. Although BPOM conducts both pre-market and post-market supervision, the ease of digital distribution continues to facilitate the circulation of illegal products, underscoring the urgent need to strengthen regulations and enhance cross-agency coordination.
Construction of Criminal Liability in Single Indictment of Obstruction of Justice under the Corruption Law Ramdhani, Dwi Sukma; 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.v7i2.380

Abstract

This study examines obstruction of justice in Indonesia’s positive law as well as criminal liability in the application of single charges based on the Corruption Law. With normative juridical methods through legislative and case approaches, the research analyzes primary, secondary, and tertiary legal materials. The results of the study show that Indonesian law does not yet have a comprehensive definition of obstruction of justice, thus opening up a wide space for interpretation. The application of a single indictment in corruption cases also creates legal uncertainty, especially in proving the element of “obstructing the legal process” when the act is closely related to the main offense. This study emphasizes the need for harmonization of norms and a clearer formulation of criminal offenses to increase the effectiveness of obstruction of justice as an instrument for eradicating corruption.
The Construction of the Consent Principle in the Protection of Medical Personnel’s Personal Data and Its Legal Consequences in Healthcare Practice Febriansyah, Juan Ponce Enrile; Kurnia, Ida
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.v7i2.381

Abstract

This study analyzes the implementation of the consent principle in the protection of personal data of healthcare workers in Indonesia, focusing on its implications and consequences in the context of digital healthcare services. As digital transformation accelerates in the healthcare sector, with the adoption of electronic medical records, telemedicine, and health applications, the personal data of healthcare workers, including doctors and nurses, is increasingly exposed and at risk of misuse. According to Law No. 27 of 2022 on Personal Data Protection (UU PDP), the consent principle is the primary basis for legitimate data processing. However, this research reveals a gap between existing regulations and their implementation, which could lead to legal, ethical, and professional consequences for healthcare workers. Findings indicate that, despite the normative regulation of consent in the UU PDP, its application in digital health policies remains weak and inconsistent. This study suggests the need for regulatory improvements and stronger enforcement of the consent principle to effectively protect the personal data of healthcare workers.
The Legitimacy Controversy Surrounding Mass Organizations as Holders of Mining Business Licenses within the Framework of National Mining Law Clarosa, Vivian; 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.v7i2.382

Abstract

This study analyzes the legitimacy of religious-based organizations (ormas) as holders of mining business permits under Law Number 2 of 2025, the Fourth Amendment to Law Number 4 of 2009 on Mineral and Coal Mining. Using a normative juridical approach, it evaluates the policy’s alignment with the constitutional principles of Article 33 of the 1945 Constitution and the framework of good mining governance. The findings indicate that prioritizing Special Mining Business Permit Areas (WIUPK) for business entities owned by religious organizations is formally recognized but substantively fragile. The policy creates risks of political clientelism, conflicts of interest, and environmental harm due to insufficient technical capacity and weak oversight. Normatively, it does not fulfill the constitutional mandate to promote public welfare but instead opens pathways for abuses of authority and the politicization of religion. Strengthening implementing regulations is essential to ensure transparency, accountability, and environmental sustainability in natural resource management.
Legal Responsibility of Influencers in Unauthorized Product Endorsements: An Analysis of Toxic Influencer Marketing Practices in Indonesia Saputra, Vinshen; Putra, Moddy Rizqy Syailendra
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.v7i2.383

Abstract

The rise of digital marketing has increased the use of influencers to promote products, including health products, cosmetics, and supplements. The phenomenon of covert endorsement, promoting products without BPOM (Indonesian Food and Drug Authority) approval, poses legal and consumer safety risks. This study analyzes covert endorsement practices within the framework of toxic influencer marketing and examines influencers’ legal accountability under Law No. 17 of 2023 on Health and consumer protection principles. Using normative legal research with statutory, conceptual, and relevant empirical case analysis, the study finds that influencers hold a strategic position in influencing consumer behavior, making a duty of care inherent in their promotional activities. Influencers may be held administratively, civilly, or criminally liable if promoting unregistered products that harm consumers. The study emphasizes the need to strengthen regulations, establish product verification standards, and ensure transparency in promotions to protect the public from toxic influencer marketing risks.
An Analysis of Investor Legal Protection Against Losses Resulting from System Disruptions in Electronic Stock Transactions Sinatra, Tristan Canari Joseph; Djajaputra, Gunawan
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.v7i2.384

Abstract

The digitalization of the Indonesian capital market, while promising easy access and efficient electronic stock transactions, actually makes investors vulnerable to system disruptions such as broker application downtime or IDX server failures. This research uses a normative-juridical research method. Legal frameworks such as the Capital Market Law, the Financial Services Authority (OJK) Law, and the Electronic Information and Transactions (ITE) Law appear normatively comprehensive, but fail to provide substantive protection due to weak enforcement, minimal standards for proportional compensation, and reliance on technical evidence that is difficult for investors to obtain. Responsible providers often escape accountability through the pretext of force majeure, while the OJK, as a regulator, is less proactive in technology audits and strict sanctions, shifting the burden of risk to novice investors. Settlement through LAPS-SJK mediation or litigation is also ineffective, as the process is asymmetric and rarely results in real justice. Urgent reforms are needed, mandating transparency in digital infrastructure and automatic redress mechanisms to prevent losses from this technological innovation.
Examining Indonesian Government Accountability And Mitigation Measures In The 2024 Taxpayer Identification Number Data Breach Alatas, Hamzah Haikal Riziq Alwi; Djajaputra, Gunawan
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.v7i2.385

Abstract

This study examines the Indonesian government’s accountability for the 2024 Taxpayer Identification Number (NPWP) data breach and evaluates the implementation of personal data protection obligations under the Personal Data Protection Law (PDP Law). Using a normative legal research method with statutory, conceptual, and case-based approaches, the study finds that the Directorate General of Taxes (DGT) has not fully met its duties as a Personal Data Controller. The large-scale breach, involving more than six million records, reveals weaknesses in access control, Data Protection Impact Assessments (DPIAs), privacy-by-design practices, and breach notification procedures. The PDP Law provides administrative, civil, and criminal liability mechanisms for negligent actors, all of which may be applied cumulatively. The findings indicate a significant gap between legal norms and administrative practice, undermining public trust and limiting the effectiveness of the PDP Law in safeguarding personal data.
Legal Status of Duplicate Land Certificates and Mechanisms for Their Resolution Under the National Land Law System Christhopher, Michael; 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.v7i2.386

Abstract

This study examines the legal status of duplicate land certificates for the same parcel and the mechanisms available for resolving such issues within the Indonesian land law system. Employing a normative juridical method with statutory, conceptual, and case-study approaches, the study evaluates the validity of certificate issuance, procedural compliance, and the evidentiary basis used to determine the rightful owner. The findings show that duplicate certificates typically arise from inconsistencies between physical and legal records, procedural irregularities, or unlawful actions during the land registration process. Resolution may be pursued through administrative procedures at the National Land Agency (BPN) or through litigation in administrative, civil, or criminal courts. Administrative procedures enable the correction or annulment of certificates issued with procedural defects, whereas litigation provides legal certainty in disputes over substantive rights or allegations of forgery. The study underscores the need for greater integrity in the certificate issuance process, as well as enhanced coordination and law enforcement to prevent the occurrence of duplicate certificates.
Evaluating the Fairness of Police Discretion in the Resolution of Traffic Cases Syahtama, Dany; Putri, Hanuring Ayu Ardhani; Aini, Firstnandiar Glica
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.v7i2.387

Abstract

The discretionary authority of the Indonesian National Police (Polri) serves as a critical instrument in handling traffic-related criminal cases. Nevertheless, its implementation frequently raises debates concerning legal boundaries, accountability, and the consistency of field practices. This study aims to analyze the legal foundations and normative regulations governing police discretion and to examine the forms and mechanisms of its implementation at the Sragen Police Resort. Employing an empirical juridical method supplemented with normative analysis and in-depth interviews with investigators, the study finds that police discretion rests on a strong legal framework, including Law No. 2 of 2002, the Criminal Procedure Code (KUHAP), and the Law on Road Traffic and Transportation (UULAJ). However, its practical application is significantly shaped by legal considerations, social context, and the judgment of individual investigators. A Restorative Justice approach emerges as the dominant model in resolving traffic cases. The study concludes that discretion functions effectively as a tool for achieving substantive justice, although more standardized technical guidelines are required to ensure greater uniformity and accountability in law enforcement practices.

Page 27 of 27 | Total Record : 270

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