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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 290 Documents
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The Legality of Individual Social Crowdfunding in Indonesia: Regulatory Frameworks and Legal Compliance Challenges Hasibuan, Ali Huristak Hartawan; David Novan Setyawan; Atika Dwi Lestari; Iftitahul Ilma Nafi'a
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.v7i2.354

Abstract

This research analyses the classification and legality of social crowdfunding practices under Indonesian law through a normative approach combining statutory and conceptual methods. Social crowdfunding, as a rapidly evolving digital phenomenon, is defined as an effort to collect voluntary contributions from the public through online platforms to support social activities. The research finds that social crowdfunding is legally classified as an integral part of Money or Goods Collection activities regulated under Law No. 9 of 1961. The legality of social crowdfunding conducted by individuals is complex and conditional, depending on the fulfilment of two key factors: first, whether the activity falls within the categories of exemptions recognised by law; second, whether it is conducted in accordance with the principles of voluntariness and transparency. This research identifies a significant gap between regulations requiring formal organisational permits and the reality of individual crowdfunding, which is widely conducted through social media. These findings underscore the importance of strengthening regulations, protecting donors, and enhancing supervision mechanisms to prevent the misappropriation of funds in the social crowdfunding ecosystem.
Has Increasing Penalties for Teachers Achieved the Goal of Protecting Children? Katmini, Esmeralda; Hutabarat, Rugun Romaida
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.v7i2.388

Abstract

Cases of child molestation involving teachers have increased, raising serious concerns regarding the effectiveness of Indonesia’s child protection system. As individuals who occupy positions of authority that may be misused, teachers’ criminal liability requires a focused analysis within the framework of Indonesian criminal law. This study examines the forms of criminal liability applicable to teachers who commit child molestation by analyzing the elements of the offense, the principle of culpability, and the scope of their legal responsibility. It also evaluates the implementation of enhanced penalties under Law No. 35 of 2014 and Law No. 17 of 2016, which classify power imbalances as an aggravating factor. Employing a normative juridical method with statutory, conceptual, and case-based approaches, the study finds that teachers possess full legal capacity and that enhanced penalties are consistently imposed, as power relations are deemed to intensify victimization. In conclusion, the normative foundation for imposing criminal liability and enhanced penalties on teachers who commit child molestation is strong, although greater consistency in application remains necessary.
Assessing the Legal Strength of the Exceptio Non Adimpleti Contractus (ENAC) in Residential Sale and Purchase Disputes in Indonesia Wijaya, Niko; 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.v7i2.389

Abstract

Disputes over home sales and purchases constitute one of the most common forms of contractual conflict, particularly when one party fails to fulfill its obligations under the agreement. In this context, the exceptio non adimpleti contractus (ENAC) serves as a crucial mechanism for maintaining a balance of rights and obligations. This study aims to analyze the legal foundations, concepts, and principles of ENAC as reflected in the Civil Code, scholarly doctrine, and jurisprudence, and to examine its application in home sale and purchase disputes through judicial interpretation and evidentiary patterns related to default. Employing normative legal research methods with statutory, doctrinal, and case-based approaches, the study finds that ENAC is consistently applied by judges through the principles of proportionality, good faith, and the evidentiary strength of documentary proof. These findings confirm that ENAC plays a significant role in ensuring legal protection and preventing contractual inequities. The study concludes that the application of ENAC reinforces legal certainty and promotes compliance with contractual obligations in property transactions in Indonesia.
Judicial Assessment of Breach in Financing Agreements under Indonesian Contract Law Rusli, Sandra; 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.v7i2.392

Abstract

This study examines legal protection in investment financing defaults through the South Jakarta District Court Decision No. 1216/Pdt.G/2024/PN Jkt.Sel. The dispute arose when the debtor, CV Niaga Traktor Utama, failed to fulfill installment obligations to PT Woori Finance Indonesia Tbk. Using a normative legal method with qualitative analysis, this research reviews primary and secondary legal sources. The findings show that creditor protection operates preventively through prudential assessment, collateral binding, and protective contractual clauses, and repressively through default claims and collateral execution. The debtor’s liability is grounded in fault-based responsibility, requiring compensation, surrender of collateral, and payment of litigation costs when obligations are unmet without justification. The decision reinforces pacta sunt servanda by upholding creditor rights while ensuring fairness and proportionality.
Annulment of Arbitral Awards as an Instance of Procedural Abuse Rigel, Budiman; Soermartono, Gatot P
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.v7i2.395

Abstract

Arbitration is a dispute resolution mechanism that guarantees finality and legal certainty for business actors. However, in practice, the annulment mechanism regulated under Article 70 of Law Number 30 of 1999 is often misused by the losing party to delay or evade the enforcement of an arbitral award. This research employs a normative juridical method with a conceptual and statutory approach to analyze how such misuse constitutes an abuse of process. The findings indicate that bad-faith annulment practices undermine the principle of finality, reduce public trust in arbitration, and create legal uncertainty. Therefore, a restrictive interpretation of annulment provisions and a stronger application of the principle of good faith are necessary to prevent procedural abuse within Indonesia’s arbitration system.
Legal Implications and Sanction Enforcement for Violations of Employment Social Security Law Pahlawan, Sandra Dwi Putri; 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.v7i2.396

Abstract

The right to Employment Social Security constitutes a concrete manifestation of human rights as guaranteed under Article 28H(3) of the 1945 Constitution. The state fulfills this mandate through the National Social Security System administered by the Social Security Agency (BPJS), with Article 15(1) of the BPJS Law requiring companies to register both themselves and their workers. However, numerous violations—ranging from the deprivation of workers’ rights in Solo related to BSU and JHT benefits to cases of maladministration and contribution embezzlement at PT WIN and CNN Indonesia—reveal a significant gap between normative provisions and actual implementation. This study examines the legal consequences faced by companies that fail to comply with Jamsostek membership obligations and evaluates the effectiveness of sanctions under Law No. 24 of 2011. Using a normative-juridical method, the study identifies three principal legal consequences: progressive administrative sanctions, the obligation to provide full benefits to affected workers, and criminal sanctions, including dual liability for corporations and their managers. Although the legal framework is comprehensive, its effectiveness remains low due to weak supervisory mechanisms and slow criminal enforcement.
Drawing the Line: Criminal Responsibility of In-House Legal Counsel Febriyani, Febriyani; Prasetyo, Boedi
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.v7i2.402

Abstract

The criminal prosecution of in-house legal counsel in corporate cases has generated significant debate concerning the boundaries of criminal liability within the legal profession in Indonesia, particularly where legal opinions serve as the basis for corporate policy decisions. This study examines the legal limits of criminal liability for in-house legal counsel, evaluates the legal character of legal opinions in relation to the concept of deelneming, and critically analyzes the judicial reasoning in Decision Number 534/Pid.B/2024/PN Jakarta Selatan. Employing a normative legal research method with statutory, conceptual, and case-based approaches, this study finds that the criminal liability of in-house legal counsel is determined by causal contribution and substantive intent rather than by formal position alone. Legal opinions may give rise to criminal liability when they function as instruments of legitimacy for unlawful conduct. The study concludes that the decision adopts a functional approach to professional legal accountability and underscores the necessity of clear normative boundaries to prevent the excessive criminalization of in-house legal counsel.
Administrative Control of Illegal Settlements on Former Cemetery Land in Surakarta Pamungkasari, Dina Wahyu; Faried, Femmy Silaswati; Muhammad Aziz Zaelani
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.v7i2.404

Abstract

Illegal settlements in the former Bong Mojo cemetery area of Jebres, Surakarta, constitute a significant challenge to urban spatial planning. The construction of unauthorized buildings on land held under Right of Use (Hak Pakai) status reflects high housing demand, weak regulatory oversight, and insufficient enforcement of land law. This study examines the role of the Surakarta City Office of Housing, Settlement Areas, and Land Affairs in addressing the misuse of Hak Pakai land and identifies the institutional and practical obstacles encountered. Employing an empirical legal research design with a qualitative approach, data were collected through field observations, in-depth interviews, and document analysis. The findings indicate that the agency plays a strategic role in supervision, data management, law enforcement, and cross-sectoral coordination. However, implementation is constrained by limited institutional capacity, community resistance, complex land tenure arrangements, and low levels of regulatory compliance. High housing demand coupled with limited purchasing power further incentivizes illegal land use. This study underscores the need to strengthen spatial control policies, enhance inter-agency coordination, and expand access to affordable housing in order to promote orderly land use and ensure legal certainty in Surakarta.
A Legal Analysis of the Implementation of Law No. 22 of 2022 on Corrections Supardi, Supardi; Putri, Hanuring Ayu Ardhani; Suniaprily, Firstnandiar Glica Aini 
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.v7i2.408

Abstract

This study examines the implementation of Law No. 22 of 2022 on Corrections, focusing on inmate development at the Class IIA Sragen Correctional Institution. An empirical juridical method was employed using statutory and empirical approaches to assess the alignment between correctional legal norms and their practical application. Data were collected through interviews, observation, documentation, and literature review. The findings indicate that inmate development has been oriented toward social reintegration through personality and self-reliance programs. However, its implementation has not been optimal due to limitations in facilities and infrastructure, shortages of qualified personnel, overcrowding, limited community support, and ineffective administrative procedures. These findings demonstrate that inmate development has not yet been fully supported by an integrated correctional system. Accordingly, strengthening correctional policies is necessary through improving human resource capacity, enhancing facilities, simplifying administrative mechanisms, and reinforcing cross-sectoral collaboration to support effective social reintegration of inmates in accordance with the objectives of the correctional system.
The Implementation of Restorative Justice in the Resolution of Minor Criminal Offenses at the Sragen Police Department Abdi, Ghulam Muhammad; Putri, Hanuring Ayu Ardhani; Suparwi, Suparwi
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.v7i2.409

Abstract

This study aims to examine the implementation of restorative justice in the resolution of minor criminal cases at the Sragen Police Department. The research employs an empirical method using a case study design and a sociological approach that conceptualizes law not merely as a set of written norms but as a social phenomenon operating within society. Data were collected through observations, interviews, and a review of relevant literature focusing on the stages of restorative justice implementation and the factors hindering its effectiveness. The findings indicate that the restorative justice process begins with the submission of a formal request, followed by investigators’ assessment of case eligibility, a mediation process to achieve mutual agreement, and the formalization of the outcome through a written agreement between the parties. However, its implementation faces several obstacles, including limited institutional resources, insufficient understanding among law enforcement officers, disagreements among the parties involved, logistical and scheduling constraints, time limitations, and public perceptions of justice that generate skepticism toward restorative mechanisms. Accordingly, effective solutions are required. The Sragen Police Department should strengthen institutional commitment and regulatory frameworks to ensure that restorative justice is implemented effectively and develops into an embedded organizational culture.

Page 28 of 29 | Total Record : 290

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