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INDONESIA
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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Alcoholic Beverages Distribution in Indonesia: A Socio-Legal Analysis under Criminal and Food Law Wicaksono, Genta Yuris; 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.v7i2.410

Abstract

This study analyzes the legal provisions and practices surrounding the distribution of Alcoholic Beverages (Ciu) in Bekonang Village through empirical juridical analysis. The results show that although regulations such as Law No. 18 of 2012 concerning Food and Article 204 of the Criminal Code have established a normative legal framework, there is a wide gap with the reality on the ground (law in action). Ciu remains widely circulated because it has become integrated as a tradition and a source of community income, thus gaining strong social legitimacy. Repressive law enforcement faces complex dilemmas and obstacles due to socio-cultural and economic factors. Efforts by authorities tend to be incidental and fail to address the root of the problem. Therefore, a solely criminal law approach is deemed ineffective and unsustainable. This study concludes that a more comprehensive and integrative policy is needed. The solution lies in reinterpreting regulations that take into account the characteristics of traditional beverages, supported by socio-legal strategies such as health education, business development, and strengthened operational oversight by local governments. Ultimately, a sustainable solution must be able to reconcile formal legal certainty with local wisdom and community economic well-being.
Police Discretion in the Management of Public Demonstrations: Evidence from the Sragen Police Department Supriyanto, Supriyanto; Faried, Femmy Silaswati; 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.v7i2.411

Abstract

Police discretionary authority constitutes a strategic legal instrument for maintaining public order, particularly in managing demonstrations with the potential to disrupt security. Nevertheless, the exercise of discretion may give rise to legal concerns if it is not carried out in accordance with the principles of legality, justice, and the protection of human rights. This study examines the implementation of discretionary authority by the Sragen Police within the framework of applicable laws and regulations and evaluates its conformity with the principles of justice, due process of law, and respect for human rights. Employing a normative–empirical legal methodology, this study adopts statutory, conceptual, and case-based approaches, supported by field data obtained through interviews and a review of relevant literature. The findings indicate that police discretion in Sragen has generally been exercised in a proportional and accountable manner, consistent with the prevailing legal framework and with an emphasis on preventive measures. The study concludes that police discretion functions effectively as an adaptive legal instrument insofar as it remains bounded by legal accountability and professional ethics.
Law Enforcement Strategies of the Sragen Police in Combating Cybercrime Against Children Prasetyo, Viki Andi; Putri , Hanuring Ayu Ardhani; Zaelani, Muhammad Aziz
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.v7i2.412

Abstract

The rapid development of digital technology has fundamentally transformed patterns of crime against children, thereby necessitating more effective and adaptive prevention strategies by law enforcement agencies. This study is motivated by the increasing vulnerability of children to cyberspace-related crimes and the growing urgency for police institutions to utilize digital platforms as preventive instruments. The objective of this research is to empirically examine the implementation of child crime prevention through digital platforms by the Sragen Police Resort and to analyze the legal, institutional, social, and technological challenges encountered in its execution. This study employs an empirical legal research design with a sociological legal approach, utilizing interviews, observations, and document analysis as primary data collection techniques. The findings indicate that the Sragen Police Resort has implemented preventive measures through social media engagement, cyber patrols, and digitally based public outreach. However, the effectiveness of these initiatives remains constrained by limited digital forensic capacity, inadequate cross-sectoral coordination, and a high incidence of underreporting. This study concludes that strengthening regulatory frameworks, institutional capacity, and inter-agency synergy is a critical prerequisite for enhancing the effectiveness of child crime prevention.
Symbolic Participation in Village Budgeting: A Legal Analysis of Community Involvement in Tangkulowi Village Yusuf , Moh.; Saliha, Retnadumila; Ikbal, Moh.
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.v7i2.413

Abstract

This study analyzes community participation in the preparation of the Village Revenue and Expenditure Budget (APBDes) from the perspective of village governance law. Law Number 6 of 2014 on Villages, as lastly amended by Law Number 3 of 2024, normatively positions community participation as a fundamental principle of democratic and accountable village financial management. Using a normative-empirical legal approach, this research was conducted in Tangkulowi Village, Kulawi District, Sigi Regency. The findings reveal that community participation in APBDes preparation tends to be symbolic. Although formal involvement occurs through deliberative forums, community influence on budget priorities and allocations remains limited. Aspirations from indigenous groups, youth, and women are not adequately reflected in planning and budgeting documents. This symbolic participation weakens the legal legitimacy of the APBDes and reduces accountability and community oversight of village financial management. The study concludes that community participation in APBDes preparation constitutes a legal issue directly related to the quality of village democracy and the legitimacy of village governance.
Assessing Local Government Responsibility in Protecting Traditional Fishermen through Fisheries Insurance Bimantara, Gesa; Labibah, Hanin Alya’; Tina, Neli Agus
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.v7i2.414

Abstract

Traditional fishermen constitute a category of workers exposed to a high level of occupational safety risk, yet they have not received adequate and effective legal protection. One of the policy instruments developed by the state to safeguard fishermen is the fisheries insurance scheme. This study examines the responsibility of local governments in providing legal protection for traditional fishermen through the implementation of fisheries insurance, with a particular focus on Tuban Regency. The research employs an empirical legal method using a socio-legal approach. Data were collected through interviews with local government officials and traditional fishermen, complemented by an analysis of relevant laws and regulations and a review of the existing literature. The findings indicate that although fisheries insurance is supported by a sufficient legal framework, it has not yet functioned as substantive legal protection in practice. Its implementation remains largely administrative, while legal education and assistance with insurance claims are inadequately provided, resulting in legal protection that falls short of delivering legal certainty, tangible benefits, and a sense of security for fishermen.
Forgery of Authentic Instruments by Notaries and the Scope of Legal Liability Khadijah, Khadijah; Tarsono, Edi; Wuryandari, Utji Sri Wulan; Surono, Agus
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.v7i2.421

Abstract

The forgery of authentic deeds by notaries constitutes a serious legal issue with direct implications for legal certainty and public trust in the civil law system. As public officials, notaries are not only responsible for the formal accuracy of deeds but are also bound by a duty of care in verifying the identities and documents of the parties involved. This article examines the construction of notarial legal liability in cases of authentic deed forgery and the legal consequences arising from deeds executed on the basis of invalid document verification. Employing a normative legal approach, the study analyzes statutory regulations, legal doctrine, and judicial decisions, with particular emphasis on Bandung High Court Decision No. 73/Pid/2023/PT.BDG as a case study. The findings indicate that a notary’s failure to exercise due care, especially within the scope of official authority, may constitute fault giving rise to criminal, civil, and administrative liability. Authentic deeds prepared on the basis of invalid documentation may suffer a degradation of evidentiary value and may lead to the annulment of the legal acts embodied therein. The Bandung High Court decision affirms that the notary’s duty of care serves as a primary benchmark in assessing criminal liability, while also highlighting the need for clearer parameters to distinguish administrative negligence from criminal negligence in order to safeguard legal certainty.
Dishonorable Removal of a Notary for Breach of Professional Ethics: An Analysis of Decision No. 3/Pdt.G/2022/PN Plk Waluya, Kintan Salma; Samosir, Tetti; Anggriani, Jum
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.v7i2.422

Abstract

Dishonorable dismissal of a notary constitutes the most severe administrative sanction, directly affecting the continuity of office and the professional legitimacy of notaries as public officials. This study examines the legality of dishonorable dismissal imposed on a notary for ethical violations and evaluates the role of the Regional Supervisory Council within the notarial oversight system, focusing on Decision Number 3/Pdt.G/2022/PN Plk. The research employs a normative legal method using statutory and case-based approaches. Primary and secondary legal materials are analyzed qualitatively through legal interpretation and juridical reasoning. The findings reveal that although the authority to dismiss notaries is normatively regulated under the Notary Office Act, its implementation in the case under study raises significant concerns regarding legal certainty, proportionality of sanctions, and compliance with procedural justice, particularly the right to defense. Furthermore, the Regional Supervisory Council has not functioned optimally as a professional guidance mechanism and tends to operate in a predominantly procedural-administrative manner. This study underscores the need to recalibrate the notarial supervision framework to ensure that dishonorable dismissal is imposed in an accountable, proportional, and legally reasoned manner consistent with the principles of good governance.
The Legal Standing of Land Nominee Agreements from the Perspective of Lawful Cause Shulkhantika, Deyosi Faza; Hastuti, Luthfiyah Trini; Isharyanto, Isharyanto
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.v7i2.423

Abstract

The practice of borrowed-name agreements in land transactions in Indonesia raises significant concerns regarding contractual validity and legal certainty, particularly when such arrangements are employed to circumvent statutory prohibitions on land ownership. The core issue lies in the discrepancy between the formal structure of the agreement and its substantive purpose, which contravenes agrarian law. This study examines the legal implications of failing to satisfy the requirement of a lawful cause in borrowed-name agreements, formulates a juridical–conceptual framework for assessing their validity through an integration of the doctrine of lawful cause and mandatory principles of agrarian law, and delineates the limits of contractual freedom in land ownership. Employing normative legal research methods, including conceptual analysis, statutory interpretation, and case law review, the study finds that borrowed-name agreements are legally invalid when their purpose is to evade agrarian restrictions, notwithstanding their formal compliance with contractual requirements. The study concludes that the doctrine of lawful cause remains a crucial evaluative instrument for safeguarding the balance between freedom of contract, legal certainty, justice, and public order within the national legal system.
Legal Protection of Child Offenders in Restorative Justice–Based Criminal Investigations Wahyono, Dodik; Bimantara, Gesa; Tina, Neli Agus
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.v7i2.426

Abstract

Legal protection for children as offenders constitutes a constitutional and statutory mandate that must be effectively realized through a restorative justice–based Juvenile Criminal Justice System. However, in investigative practice, the implementation of such protection continues to encounter various challenges. This study aims to examine the forms of legal protection afforded to child offenders during the investigation process at the Surabaya Police Headquarters, as regulated under the Juvenile Criminal Justice System Law and grounded in restorative justice principles, and to identify both normative and empirical obstacles in order to formulate strategies for optimizing legal protection. This research employs an empirical juridical method using statutory and sociological approaches, with data collected through interviews and document analysis. The findings reveal that legal protection and restorative justice mechanisms have been implemented, albeit not optimally, due to a limited number of specialized child investigators, weak inter-institutional coordination, and low levels of public legal awareness. The study concludes that optimizing legal protection for children requires strengthening institutional capacity, enhancing cross-sector coordination, and improving public legal literacy.
Arbitration as a Dispute Resolution Mechanism Supporting the Sustainable Development Goals in Private Higher Education Muntazhor, Ahmad Widad; Mangkudilaga, Bia; Putri, Alya Dean; Rivaldo, Muhammad Reza
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.v7i2.430

Abstract

Private Higher Education Institutions (PTS) in Indonesia are private legal entities with full legal capacity to enter into agreements with third parties, acquire rights, assume obligations, and engage in contractual relations. In its various academic and non-academic activities supporting the Tri Dharma, civil disputes are inevitable. Litigation before the court is still commonly used, yet the judicial process is time-consuming, costly, formalistic, and publicly open to scrutiny—potentially harming institutional reputation. Arbitration emerges as an alternative dispute resolution mechanism that is normatively recognized within Indonesian law, produces final and binding awards, and provides a dispute settlement model that is faster, confidential, flexible, and more compatible with contemporary business needs. This article examines the strategic use of arbitration by PTS as an instrument of good university governance and legal risk management. A clear arbitration clause prevents forum shopping and jurisdictional conflicts before disputes escalate further. Consequently, arbitration should not merely be treated as an optional clause within contracts, but as a deliberate institutional policy to ensure legal certainty, efficiency, and the preservation of institutional credibility

Page 29 of 29 | Total Record : 290

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