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Achmad Faiz
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Fakultas Hukum Universitas Muhammadiyah Tangerang. JL. Mayjend. Sutoyo No. 2 Sukarasa, Kota Tangerang, 15111, Banten, Indonesia
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JHR (Jurnal Hukum Replik)
Published by Universitas Muhammadiyah Tangerang
ISSN : 23379251     EISSN : 25979094     DOI : 10.31000
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic law, administrative law, agrrian law, medical law and interconnection study with Legal Studies in accordance with the principle of novelty
Arjuna Subject : Ilmu Sosial - Hukum
Articles 145 Documents
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A Critical Examination of the Electronic Evidence Mechanism in Indonesian Procedural Law Slamet, Amalul Arifin
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.14827

Abstract

The digital era has profoundly transformed the Indonesian judicial system, particularly in the realm of evidentiary law. The emergence of electronic evidence such as digital documents, online communications, and electronic transactions has enriched the evidentiary framework while simultaneously presenting significant challenges concerning authenticity, integrity, and admissibility. Although the Electronic Information and Transactions Law formally recognizes electronic evidence, inconsistencies arise due to its disharmony with procedural codes such as the Criminal Procedure Code, Het Herziene Indonesisch Reglement (HIR), and Rechtsreglement Buitengewesten (RBg), which remain oriented toward conventional forms of proof. This normative-comparative legal study employs statute, case, and comparative approaches, analyzing Indonesian regulations, judicial decisions, and international standards including the UNCITRAL Model Law, the EU e-Evidence Regulation, and practices in the United States and Singapore. The findings reveal that Indonesia’s regulatory framework remains fragmented, lacking uniform technical standards, forensic capacity, and judicial readiness to effectively assess electronic evidence. Comparative analysis demonstrates that advanced jurisdictions have developed integrated mechanisms such as electronic discovery (U.S.), technology courts (Singapore), and trust service regulations (EU), which ensure greater certainty and reliability. The study argues for comprehensive reform through harmonization of procedural laws, establishment of clear forensic and authentication standards, enhancement of judicial and law enforcement capacity, and adoption of best practices in line with global developments. Strengthening the electronic evidence mechanism is crucial to safeguard legal certainty, fairness, and due process in Indonesia’s judicial system.Keywords: Electronic Evidence, Indonesian Procedural Law, Digital Forensics, Fair Trial, Legal Reform
Urgency Of Fulfilling Sexual Rights For Prisoners Perspective Of The Non-Discrimination Principle Sihombing, Eka N.A.M.; Hadita, Cynthia
Jurnal Hukum Replik Vol 13, No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.14910

Abstract

The unfulfilled sexual rights for prisoners cause problems related to potential such as psychological shocks, sexual violence between fellow prisoners, high divorce rates for married prisoners, besides that the absence of sexual rights for prisoners in laws and regulations in Indonesia violates the principle of non-discrimination for prisoners so it needs to be studied in the perspective of human rights, especially sexual rights for prisoners. The method used is normative juridical with a doctrinal approach. The results showed that the urgency of regulations related to sexual rights for prisoners so that there is fulfillment of sexual rights that do not injure the principle of non-discrimination for prisoners so that legal certainty related to sexual rights for prisoners can minimize psychological shocks, sexual violence between fellow prisoners, high divorce rates for married prisoners.Keywords: Rights, Sexual, Prisoner
Access To Justice for Vulnerable Groups in Ptun Procedures Procedural Obstacles and Legal Solutions Jahra, Shofiyatu; Nuari, Annisa Indah
Jurnal Hukum Replik Vol 13, No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.14961

Abstract

Access to justice is not just a situation or goal to be created, but also a process, a description of the conditions expected from the implementation of access to justice in the Indonesian context, basically, is that the State guarantees the fulfillment of basic human and citizen rights based on the 1945 Constitution, groups of people who are able and vulnerable groups of people, including the elderly, children, the poor, pregnant women and people with disabilities. By using a normative legal approach method, namely examining law within the scope of literature studies and using qualitative research specifications, the data analysis that the author conducted was a qualitative data analysis-legal analysis based on the nature of descriptive research, using primary data and secondary data types that include primary legal materials, secondary legal materials, and tertiary legal materials. The results of the research that the author obtained were that there are procedural obstacles faced, such as procedural costs that burden vulnerable groups, and not everyone knows the prodeo (free) filing procedure, the complexity of procedures including writing lawsuits, up to the 90-day deadline, and administrative legal standing is often rejected due to incompleteness. The absence of systematic legal assistance, e-court only supports technology-savvy communities, the lack of interpreters, special assistants, and the absence of affirmative instruments explicitly regulating the protection of vulnerable groups in PTUN procedures.
Dynamics of Omnibus Law Formation: Between Legislative Efficiency and Potential Legal Chaos Al-Fatih, Sholahuddin; Ranendra, Bagas; Tajrim, Muhammad Ikhsan; AllahRakha, Naeem
Jurnal Hukum Replik Vol 13, No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.14512

Abstract

The Omnibus Law method represents a novel approach in the Indonesian legislative framework, initially embodied in Law Number 11 of 2020 on Job Creation. This method unify diverse sectoral regulations into a singular legal framework to enhance economic growth and streamline investment processes. However, it faces substantial criticism regarding its legitimacy, notably for inadequate public participation and potential legal ambiguities that may arise from overlapping norms. The integration of the Omnibus Law, influenced by common law traditions, presents compatibility challenges within Indonesia's civil law system, which emphasizes a hierarchical legal structure. The absence of explicit procedures for enacting Omnibus Laws in existing legislation has resulted in fears of legal uncertainty and procedural violations, particularly manifest in the rapid and non-inclusive passage of the Job Creation Law. Critics caution that this approach undermines democratic processes by lacking transparency and public input, as evidenced by widespread protests reflecting public discontent. Additionally, the consolidation of various regulations raises concerns regarding interpretative conflicts and implementation difficulties, posing risks to compliance and governance efficiency. The Constitutional Court has deemed the law "conditionally unconstitutional," underlining its procedural shortcomings. Despite these issues, the Omnibus Law holds potential for simplifying complex regulations and fostering investment, contingent upon enhanced transparency, accountability, and public engagement. Consequently, while the Omnibus Law method could significantly reform Indonesia's legislative landscape by providing adaptive solutions for contemporary challenges, its successful implementation necessitates careful formulation and a commitment to preserving justice and equity within the legal process.
The Relationship Between Civil Society Movements and Political Parties In The Legal Politics Of Legislation In Indonesia Mahendra, Sandya
Jurnal Hukum Replik Vol 13, No 2 (2025): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i2.14665

Abstract

Public participation in the formulation of laws and regulations constitutes a crucial element in realizing the principles of a democratic rule of law in Indonesia. Although regulatory frameworks such as Law No. 12 of 2011 guarantee the principle of openness and the right of citizens to engage in the legislative process, practical implementation often reveals that public participation remains largely procedural and fails to meaningfully influence substantive decision-making. This study aims to elaborate on the concept of meaningful participation within the legislative framework and to analyze the relational model between civil society movements and political parties in Indonesia’s legislative process. The research employs an empirical legal methodology, utilizing statutory, conceptual, and sociological approaches. The findings indicate that the relationship between civil society movements and political parties in Indonesia’s legislative process is complex and heterogeneous, depending on political context, advocacy issues, and the power as well as strategies of the actors involved. On one hand, collaborative relations may emerge when shared visions and interests exist—such as in the enactment of the Law on the Crime of Sexual Violence (UU TPKS) and the Law on Personal Data Protection (UU PDP)—where public participation has positively influenced policy substance. On the other hand, confrontational relations often arise when political parties disregard civil society aspirations, as observed in the legislative processes of the Omnibus Law on Job Creation and the revision of the Military Law, both of which were marked by limited transparency and minimal public dialogue.

Page 15 of 15 | Total Record : 145

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