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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 344 Documents
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Considering Restorative Justice in Criminal Cases Involving Indonesian National Armed Forces Personnel Goeniswara, Dinda; Yitawati, Krista; Chairani, Mierza Aulia
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.436

Abstract

This study is motivated by the evolving paradigm in criminal justice, which is no longer solely oriented toward punishment but increasingly emphasizes the restoration of social relationships through a restorative justice approach, including within the military justice system. The research aims to analyze the implementation of restorative justice in military criminal cases adjudicated by the Madiun III-13 Military Court and to examine the legal considerations of the panel of judges in applying this approach in Decision Number 26-K/PM.III-13/AD/VII/2025 concerning fraud committed by a member of the Indonesian National Armed Forces (TNI). This study employs a normative legal research method using statutory and case-based approaches, supported by the analysis of judicial decisions and relevant empirical data related to military justice practices. The findings indicate that restorative justice was implemented through a mutual agreement between the perpetrator and the victim, accompanied by a mechanism for compensating the victim’s losses, while maintaining the principles of military discipline. Accordingly, restorative justice can be proportionally integrated into the military criminal justice system.
Limitations on the Use of Emergency Contact Data in Fintech Lending under the Personal Data Protection Act Huda, Mochammad Zainuril; Yitawati, Krista; Chairani, Meirza Aulia
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.437

Abstract

This study is motivated by the increasing misuse of emergency contact data in the debt collection practices of fintech lending services, which may infringe upon personal data protection rights. Although Law Number 27 of 2022 on Personal Data Protection (PDP Law) provides a legal framework for the management and protection of personal data, its implementation in the fintech sector continues to face several challenges. This study aims to analyze the legal provisions governing the use and limitation of access to emergency contact data and to identify the challenges associated with enforcing laws against such misuse. The research employs a normative legal research method with statutory and conceptual approaches, relying on the analysis of legislation, academic literature, and relevant legal documents. The findings indicate that the PDP Law establishes key principles, including consent, purpose limitation in data processing, and the responsibilities of data controllers. However, instances of misuse persist due to weak regulatory oversight, limited institutional coordination, and low levels of public legal awareness. Therefore, strengthening supervisory mechanisms and enhancing the integration of law enforcement institutions are essential to improving personal data protection within the fintech lending ecosystem.
The Legal Status of Outsourced Workers under Indonesian Positive Law Yuliana, Bunga; Emirzon, Joni; Flambonita, Suci
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.438

Abstract

This study is prompted by the increasing flexibility of outsourcing arrangements in Indonesian labor law following the enactment of Law Number 6 of 2023 on the Stipulation of the Job Creation Government Regulation in Lieu of Law (Perppu), which has not been accompanied by adequate legal protection for workers. It aims to examine the legal status of outsourcing, its regulatory implications, judicial practices in worker protection, and relevant international comparisons, as well as to formulate an ideal model of protection. The study employs a normative legal research method using statutory, conceptual, and comparative approaches. The findings indicate that worker protection remains insufficient, despite the emergence of progressive approaches within the judiciary. Comparative analysis underscores the importance of the principles of equality and shared responsibility. The study concludes that policy reformulation grounded in joint liability and comprehensive protection is necessary to achieve a fair and sustainable labor system.  
Why Are Wives Vulnerable? An Analysis of Domestic Violence in Manado Lambonan, Marthin Luther; Gerungan, Mario A.; Sepang, Rony
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.448

Abstract

Domestic violence against wives constitutes a violation of human rights that continues to occur frequently, despite its regulation under Law Number 23 of 2004 on the Elimination of Domestic Violence. This study aims to analyze the prevalence of physical violence against wives in Manado City and to identify the dominant factors influencing it. The research employs an empirical juridical method with a descriptive-analytical approach, utilizing questionnaires and interviews. The findings indicate that the prevalence of physical violence is 4.44% within the general population and is absent among highly educated women. The dominant factors include low levels of education, economic dependence, unequal power relations, and patriarchal cultural norms. It is concluded that physical violence within the household is a complex phenomenon; therefore, a comprehensive strategy is required, encompassing women’s empowerment and the strengthening of legal protection mechanisms.
The Criminal Liability of Political Parties for Corruption Offenses Committed by Their Members Jiwanti, Ainun; Setiawan, Wiranto Tri
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.451

Abstract

The inadequacy of existing regulations governing the criminal liability of political parties for corruption offenses committed by their members, despite the fact that, conceptually, political parties may be classified as corporate entities. It aims to analyze the construction of criminal liability applicable to political parties and to develop an ideal model for future regulation. This research employs a normative legal method, utilizing statutory, conceptual, and case-based approaches. The findings reveal that political parties may be held criminally liable when they benefit from, tolerate, or fail to prevent criminal conduct. However, the current positive legal framework remains ambiguous and fragmented. Accordingly, a reformulation is required through the integration of corporate liability principles and contemporary criminal law theory. The study concludes that strengthening the regulatory framework is essential to enhance the effectiveness of law enforcement and the prevention of corruption within a democratic system. 
Bapemperda’s Strategy for Enhancing the Quality and Effectiveness of Regional Regulations Ali Rahmat; Tuti Widyaningrum
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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/ggt9g353

Abstract

The performance of the Regional Regulation Formation Agency (Bapemperda) plays a crucial role in producing high-quality Regional Regulations as instruments of regional autonomy. This study aims to analyze the performance of Bapemperda within the Regional House of Representatives (DPRD) of West Kotawaringin Regency and to identify efforts to enhance its effectiveness in the formulation and oversight of Regional Regulations. This research employs an empirical juridical method with a normative approach, utilizing interviews, observations, and document analysis as data collection techniques. The findings indicate that Bapemperda’s performance is relatively effective; however, it continues to face challenges related to supervisory functions, limited public participation, and resource constraints. Efforts to address these challenges include strengthening human resource capacity, improving institutional coordination, conducting systematic evaluations of Regional Regulations, and increasing community engagement. In conclusion, institutional strengthening and the optimization of legislative and oversight functions are essential for enhancing the quality of responsive and effective Regional Regulations.
Unraveling Barriers to Addressing Domestic Violence Cases at the Cilacap Police Department Shellyana Putri; Nourma Dewi; Yulian Dwi Nurwanti
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.456

Abstract

Domestic violence (DV) constitutes a violation of human rights that remains widespread and is frequently regarded as a private matter, thereby hindering victims from obtaining adequate legal protection. This study aims to examine the role of investigators within the Women and Children’s Service Unit (PPA) of the Cilacap Police Department in addressing domestic violence cases, as well as to identify the challenges encountered in the process. The research employs an empirical legal method with a socio-legal approach, utilizing interviews, observations, and document analysis, all of which are examined qualitatively. The findings reveal that PPA investigators are actively involved in receiving reports, providing victim protection, conducting investigations, collecting evidence, and coordinating with relevant agencies. However, several key challenges persist, including limited resources, difficulties in evidentiary proof, withdrawal of complaints, familial pressure, economic dependency, and prevailing socio-cultural norms. In conclusion, effective handling of domestic violence cases necessitates institutional strengthening, enhanced victim protection mechanisms, and transformation of the community’s legal culture.
Assessing the Effectiveness of Gender Quotas in Indonesia’s Electoral System Jessica Virgoria Septiana; Nourma Dewi; Yulian Dwi Nurwanti
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.457

Abstract

Women’s representation in legislative elections constitutes a critical indicator of an inclusive and equitable democracy; however, its realization in Indonesia remains suboptimal. This study aims to examine the implementation of regulatory provisions on women’s representation and to identify the key factors contributing to its limited attainment from a constitutional law perspective. The research employs a normative juridical approach, complemented by empirical insights derived from a review of secondary data and relevant literature. The findings reveal that, although affirmative action policies are supported by a robust legal framework, their implementation continues to encounter structural, cultural, and institutional constraints. The persistently low level of women’s representation is influenced by weak enforcement mechanisms, the dominance of party elites, features of the electoral system, and entrenched patriarchal norms. This study concludes that strengthening regulatory frameworks and advancing political reform are essential to achieving substantive women’s representation.
Judicial Scrutiny of Indonesian Migrant Worker Placement Under the Guise of Training Fabrian Candra Darmawan; Hafid Zakariya; Suparwi Suparwi
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.458

Abstract

The widespread placement of Indonesian Migrant Workers (Pekerja Migran Indonesia [PMI]) through unauthorized Job Training Institutions (Lembaga Pelatihan Kerja [LPK]) reflects continuing weaknesses in the oversight of non-procedural labor migration, increasing the risk of exploitation, human trafficking, and human rights violations. This study analyzes the judicial application of law in assessing the constituent elements of the criminal offense of migrant worker placement through unlicensed LPKs, as reflected in Boyolali District Court Decision Number 158/Pid.Sus/2023/PN Byl, while evaluating the effectiveness of judicial reasoning in protecting victims. Using a normative legal method with statutory, case-based, and conceptual approaches, the study finds that the panel of judges appropriately distinguished the authority of LPKs and Perusahaan Penempatan Pekerja Migran Indonesia (P3MI) based on SIP2MI ownership and affirmed the defendant’s criminal liability. However, victim restoration mechanisms remain inadequate, particularly regarding restitution and rehabilitation.
The Paradox of Nickel Mining and Indigenous Peoples’ Rights in Raja Ampat Adinda Rachman; Nadir Nadir; Win Yuli Wardani
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (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.v8i1.459

Abstract

The expansion of nickel mining in the Raja Ampat Islands has generated tensions among the green energy transition agenda, biodiversity conservation, and the rights of Indigenous Papuan communities. This study aims to analyze the national and international legal frameworks governing the Indonesian government’s obligations, evaluate the extent to which these obligations have been fulfilled in the governance of mining activities in Raja Ampat, and formulate a multidimensional legal accountability framework for the protection of Indigenous peoples. The study employs a normative legal research method using statutory, conceptual, case, and comparative approaches, with qualitative analysis of the collected legal materials. The findings reveal that, although Indonesia possesses an adequate normative framework, its implementation is hindered by significant accountability deficits, including policy inconsistencies, limited participation of Indigenous communities, and ineffective enforcement of environmental laws. This study proposes a model of administrative, constitutional, civil, environmental, and human rights accountability as a foundation for reforming mining governance toward ecological justice, the protection of Indigenous communities, and the sustainable management of natural resources.

Page 31 of 35 | Total Record : 344

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