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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 344 Documents
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Consumer Data at Risk: Legal Challenges in Personal Data Protection within Shipping Services Muhamad Najib Hilal Haadii; Moody Rizqy Syailendra
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.v8i1.473

Abstract

The rapid expansion of digital commerce and the growing reliance on shipping services have resulted in shipping companies processing substantial volumes of consumers’ personal data, thereby increasing the risk of data misuse and security breaches. This development underscores the need for robust legal protection mechanisms and clear standards of accountability concerning the management of personal data by business actors. This study aims to analyze the legal framework governing the protection of consumers’ personal data in shipping services and to examine the legal liability of business actors for personal data breaches under Law Number 27 of 2022 on Personal Data Protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and analytical approaches through an examination of primary, secondary, and tertiary legal materials. The findings indicate that personal data protection in Indonesia has been comprehensively regulated through the Personal Data Protection Law and its supporting regulations. Furthermore, the legal responsibilities of business actors encompass preventive measures, breach-response obligations, as well as civil, administrative, and criminal liabilities. The study concludes that shipping service providers must implement accountable and transparent data protection governance to ensure legal certainty, strengthen consumer protection, and maintain public trust in the digital economy.
Assessing the Implementation of the Best Interests of the Child Principle in Post-Divorce Custody Determinations Angelina Patricia Halim; Mia Hadiati
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.v8i1.474

Abstract

Divorce not only terminates the marital relationship between spouses but also generates significant legal consequences for children, particularly concerning child custody and the protection of their rights. This study aims to examine the legal framework governing the protection of children’s rights in post-divorce custody determinations and to assess the implementation of the best interests of the child principle in judicial practice in Indonesia. The research employs a normative legal methodology using statutory, conceptual, and case approaches. Data were collected through a comprehensive review of relevant legislation, court decisions, and legal literature and were analyzed using qualitative legal analysis. The findings indicate that the protection of children’s rights is firmly established within the Indonesian legal system through the 1945 Constitution of the Republic of Indonesia, the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law. In determining custody arrangements, judges generally prioritize the welfare, safety, and overall development of the child in accordance with the best interests of the child principle. Nevertheless, the effective implementation of this principle continues to face several challenges, including limited legal awareness among parents and weaknesses in the enforcement of judicial decisions. Strengthening legal protection mechanisms and enhancing compliance with court rulings are therefore essential to ensuring the effective protection of children’s rights following divorce.
Human Trafficking and the Human Rights Protection Crisis in East Nusa Tenggara, Indonesia Semuel Haning; Agustin Leni Magdalen Rohi Riwu; Arnold J Sjah
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.v8i1.475

Abstract

Human rights challenges in East Nusa Tenggara (NTT), including human trafficking, the exploitation of migrant workers, conflicts concerning indigenous peoples’ rights, and the limited effectiveness of legal protection mechanisms, reflect a persistent gap between legal norms and their practical implementation. This study aims to analyze the similarities, differences, and shortcomings of the legal framework governing human rights protection in NTT, assess the urgency of legal reform, and formulate policy recommendations to enhance the effectiveness of human rights protection. The research employs a normative legal method with a comparative law approach, drawing upon statutory regulations, international human rights instruments, legal doctrines, and relevant scholarly literature. The findings indicate that national law, international human rights standards, and customary law share a common objective of safeguarding human dignity; however, they differ significantly in their protection mechanisms and dispute-resolution procedures. The study further identifies major weaknesses in legal enforcement, the harmonization of customary law with human rights principles, and institutional effectiveness. It concludes that comprehensive legal reform is required through regulatory strengthening, improved institutional coordination, expanded human rights education, and the harmonization of customary law with human rights norms to ensure more effective and sustainable human rights protection.
Digital Democracy and the Challenges of Freedom of Expression in Indonesia Jhames Jorgi; Hery Firmansyah
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.v8i1.476

Abstract

The rapid development of social media has significantly expanded opportunities for public participation and freedom of expression. However, it has also generated various legal challenges, including defamation, hate speech, the dissemination of misinformation, and the potential criminalization of public criticism. This study aims to examine the legal framework governing freedom of expression on social media within the Indonesian legal system, identify the legal issues arising from the exercise of freedom of expression in digital spaces, and formulate the legal boundaries of such freedom based on the principles of the rule of law, democracy, and human rights. This research employs a normative juridical method using statutory, conceptual, and human rights approaches through the analysis of primary, secondary, and tertiary legal materials. The findings indicate that freedom of expression is constitutionally protected under the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, and various international human rights instruments. Nevertheless, its exercise is subject to limitations intended to safeguard the rights, freedoms, and legitimate interests of others. The study concludes that proportional law enforcement, enhanced legal certainty, and improved digital literacy are essential to maintaining an appropriate balance between freedom of expression and the protection of public interests in the digital sphere.
Defining the Limits of Aiding and Abetting in Human Trafficking Offenses: A Victim Protection Perspective on High Court Decision No. 52/Pid.Sus/2024/PT Mam Indy Kanaishia; Rugun Romaida Hutabarat
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.v8i1.477

Abstract

Human trafficking is a transnational organized crime that poses a serious threat to human rights and frequently involves multiple actors with varying degrees of participation, including accomplices (medeplichtigheid). However, the legal interpretation of aiding and abetting and the corresponding scope of criminal liability continue to present challenges in law enforcement practice. This study aims to analyze the legal determination of aiding and abetting in human trafficking offenses under Indonesian criminal law and to formulate the limits of criminal liability for individuals who fulfill this element, while emphasizing victim protection as a primary objective. The study employs a normative legal research method using statutory, conceptual, and case-based approaches. The findings indicate that aiding and abetting in human trafficking requires the existence of actual assistance, intentional participation, and a functional connection between the assistance provided and the exploitation of the victim. Criminal liability should therefore be assessed based on the degree of culpability and the extent of an accomplice’s contribution to the trafficking network. The study concludes that clearer legal standards regarding aiding and abetting can strengthen efforts to combat human trafficking while enhancing the protection, recovery, and fulfillment of victims’ rights.
Human Trafficking and the Crisis of Victim Protection in Indonesia Therecya Angella Sitio; Hery Firmansyah
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.v8i1.478

Abstract

Human trafficking is a transnational crime that not only constitutes a serious violation of criminal law but also undermines the fundamental human rights and dignity of its victims. Although Indonesia has enacted Law No. 21 of 2007 on the Eradication of the Criminal Act of Trafficking in Persons, the implementation of victim protection remains constrained by various legal and institutional challenges. This study aims to examine the legal protection mechanisms available to victims of human trafficking and to identify the obstacles and strategies for optimizing such protection. Employing a normative legal research method, the study utilizes statutory, conceptual, and case-based approaches, with data analyzed qualitatively. The findings reveal that legal protection for victims encompasses restitution, rehabilitation, legal assistance, repatriation, and social reintegration. However, the implementation of these measures remains ineffective due to weak enforcement of restitution orders, limited rehabilitation facilities, and inadequate inter-agency coordination. Accordingly, strengthening preventive, repressive, and rehabilitative measures is essential through enhanced public awareness programs, improved cross-sectoral collaboration, expanded victim recovery services, and the utilization of technology-based support systems. These efforts are expected to promote a more effective, equitable, and victim-centered framework for legal protection and recovery.
Crypto Assets in Indonesian Inheritance Law: Balancing Ownership Rights and Access Challenges Mikael Alvaro; Mia Hadiati
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.v8i1.479

Abstract

The emergence of crypto assets as a form of digital wealth has generated new legal challenges within the Indonesian inheritance law framework, particularly concerning assets stored in unmanaged wallets. This study examines the legal status of crypto assets as inheritable property and explores the legal and technical barriers associated with their transfer to heirs. Employing a normative legal research method, the study applies statutory, conceptual, analytical, and comparative approaches. The findings demonstrate that crypto assets may be classified as inheritable property because they possess economic value, are transferable, and constitute intangible movable assets within the meaning of Article 499 of the Indonesian Civil Code. Nevertheless, the inheritance of crypto assets presents significant challenges, including the loss of access to private keys, difficulties in establishing ownership due to the pseudonymous nature of blockchain technology, and jurisdictional complexities arising from cross-border transactions. These issues may hinder the effective transfer of digital wealth and potentially undermine the rights of heirs. Accordingly, the study highlights the need for a specific legal framework governing the inheritance of crypto assets in order to ensure legal certainty, facilitate asset accessibility, and protect heirs’ rights in the evolving digital economy.
Digital Business Contracts from the Perspective of Indonesian Civil Law Rr. Lyia Aina Prihadiati; Sendi Sanjaya
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.v8i1.482

Abstract

The rapid expansion of the digital economy in Indonesia has led to increased use of digital business contracts, while simultaneously raising legal issues concerning legal certainty, the validity of electronic contracts, and personal data protection. This study analyzes drafting techniques for digital business contracts that are consistent with Indonesian civil law principles, examines the regulatory influence of the Electronic Information and Transactions Law (Law No. 11 of 2008 as amended by Law No. 1 of 2024) and Government Regulation No. 71 of 2019, and explores the implications of Law No. 27 of 2022 on Personal Data Protection for the formulation of contractual clauses in digital environments. This research employs a normative juridical method using statutory, conceptual, and comparative approaches based on a literature review. The findings indicate that effective digital contracts must integrate the principles of freedom of contract, good faith, consensualism, and legal certainty through explicit electronic consent, certified electronic signatures, and transparent data protection provisions. Accordingly, the harmonization of contract law, electronic transaction regulations, and personal data protection law constitutes a fundamental requirement for establishing a secure and reliable digital business ecosystem in Indonesia.
Restructuring PayLater Regulations to Promote Consumer Justice Johannes Adrian Marpaung; Peter Gideon Michael Tarigan; Graciela Graciela; Bayu Widianto
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.v8i1.483

Abstract

The rapid growth of PayLater services as a digital financing instrument has significantly enhanced financial inclusion and facilitated consumer transactions. However, this development has also generated various legal challenges due to inadequate regulatory frameworks and insufficient consumer protection mechanisms. This study aims to analyze the implementation of PayLater services in Indonesia, identify legal obstacles and regulatory gaps in consumer protection, and formulate strategies for improving governance and regulatory arrangements. The study employs a normative juridical method using statutory, conceptual, and comparative approaches through a comprehensive review of primary, secondary, and tertiary legal materials. The findings reveal that the regulation of PayLater services remains fragmented, resulting in legal uncertainty concerning fee transparency, personal data protection, debt collection practices, and dispute resolution mechanisms. The study concludes that the establishment of specific regulations, harmonization of regulatory authority, strengthening of supervisory mechanisms, and the development of an integrated consumer protection framework are essential to ensuring legal certainty, justice, and the sustainability of Indonesia’s digital financing ecosystem.
Restorative Justice in Minor Criminal Cases: A Study of Tanjung Balai District Court Decision No. 1/Pid.C/2023/PN Tjb Dias Lutfiyansyah; Boedi Prasetyo
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.v8i1.484

Abstract

The dominance of the retributive paradigm in the Indonesian criminal justice system has often failed to achieve substantive justice, particularly in addressing minor offenses arising from structural poverty. This study aims to analyze the implementation of restorative justice in Tanjung Balai District Court Decision Number 1/Pid.C/2023/PN Tjb and to examine the legal reasoning underlying the court’s adoption of this mechanism. The study employs a normative legal research method using statutory, conceptual, and case approaches, with qualitative analysis conducted through a descriptive-prescriptive framework. The findings indicate that restorative justice was implemented through mediation involving the offender, the victim, and the community, resulting in the restoration of social relationships and a more proportionate resolution of the dispute. The judge’s legal considerations were based on an integration of juridical, philosophical, and sociological dimensions, particularly the offender’s economic circumstances and the pursuit of substantive justice. This study demonstrates that the decision constitutes a form of progressive jurisprudence, reflecting a paradigm shift in criminal law enforcement from a retributive orientation toward a restorative approach.

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