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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 159 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.
Legal Culture of Illegal Parking Attendants in South Jakarta Lintang Aminda Kuswara; Fokky Fuad
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/d75q7m33

Abstract

Illegal parking attendants in South Jakarta have developed into a complex legal and social problem. There are two categories of licensed and unlicensed illegal parking attendants. With the increasing number of vehicles in Indonesia, illegal parking attendants take advantage of this situation to earn money illegally, breaking the law and often accompanied by acts of thuggery, which creates fear in the community. The formulation of the problem in this study is how the legal culture surrounding illegal parking attendants in South Jakarta? The research method used is socio-legal by interviewing illegal parking attendants, local landowners, riders at the local location, and the South Jakarta Transportation Department. Then, this data is analyzed to find the factors that encourage the existence of illegal parking attendants and the legal culture that surrounds illegal parking attendants. The results show that many people are forced to become illegal parking attendants due to economic factors and pressure from certain individuals. The result revealed that this condition is exacerbated by the lack of supervision from law enforcement. Controlling illegal parking attendants needs to be done in stages by involving the local community to create a safer and more orderly environment.Keywords : Economic Factors, Illegal Parking Attendants, Law Enforcement, Legal Culture. 
The Implementation of The Negativa Non Sunt Probanda Principle in Indonesian Civil Litigation: An Analysis of Banten High Court Decision Number 109/PDT/2022/PT BTN Muhammad Sulhan; Umar Haris Sanjaya
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/shvmrh73

Abstract

In the Indonesian legal system, civil procedural law pays great attention to the principles underlying decision making by judges in civil cases. One of the principles regulated in civil law is the principle of negativa non sunt probanda, which is often understood as the principle that states that "what is not proven is what does not need to be proven." This principle plays an important role in regulating the burden of proof in a civil dispute. In this thesis, the author will discuss the application of this principle in private lawsuits, with a case study of Civil Case Decision Number: 109/PDT/2022/PT BTN. The formulation of the research problem is how the implementation of the Negative Non Sunt Probanda Principle and it is possible to use Negative Non Sunt Probanda principle be used in private in Implementation as a jurisdiction. The research method used is normative legal research, including the case approach and the statute approach. Data sources were obtained from primary data include th 1945 Constitution of the Republic of Indonesia, Civil Code, HIR, RBg, Rv, and others. The secondary data can be in the form of explanations and/or understanding of scientific writing thoughts, scientific publications, and research related to the writing of this law. The results of this research show that the application of the principle of Negativa Non Sunt Probanda in the context of civil law, as seen in the decision in case number 109/PDT/2022/PT BTN, shows that the court firmly emphasizes that the burden of proof lies on the party making the claim. The principle of Negativa Non Sunt Probanda, which means "the negative does not need to be proven," has an important role in the application of civil law, especially in the context of litigation. Keywords: Negative Non Sunt Probanda Principle, Civil Case, Court Decisions
The Application of the Dualistic Doctrine at the Investigation Stage under the 2025 Criminal Procedure Code Undang Prasetya Umara; Nanda Saputra Umara
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v14i1.15760

Abstract

This article examines the application of the dualistic doctrine at the investigation stage under the 2025 Criminal Procedure Code and its implications for legal certainty and the protection of suspects’ rights within Indonesia’s criminal justice system. The dualistic doctrine, which emphasizes a clear separation between the criminal act and criminal liability, is analyzed as a theoretical framework that should guide investigators’ authority in determining suspect status and employing coercive measures. This study employs normative legal research with empirical reinforcement, using statutory, conceptual, and case approaches, complemented by an analysis of investigative practices and the pretrial mechanism. The findings demonstrate that although the 2025 Criminal Procedure Code has normatively accommodated the principles of the dualistic doctrine and due process of law, its implementation in investigative practice remains inconsistent, as reflected in the tendency toward premature designation of suspects and the disproportionate use of coercive measures. Such disregard for the dualistic doctrine results in weakened legal certainty, erosion of the presumption of innocence, and the emergence of legal suffering and social stigmatization for suspects, even in cases that ultimately do not lead to criminal conviction. This article argues that the dualistic doctrine is not only relevant as a doctrine of substantive criminal law, but also serves a strategic function in criminal procedural law as an operational principle that limits investigative power, strengthens the role of pretrial review, and preserves the legitimacy of the criminal justice system. Accordingly, the consistent internalization of the dualistic doctrine at the investigation stage under the 2025 Criminal Procedure Code constitutes an essential prerequisite for the realization of a fair criminal justice system that ensures legal certainty and is oriented toward the protection of human rights.KeywordsDualistic doctrine, investigation, Criminal Procedure Code 2025, suspect determination, criminal procedure law.
Implementation of Community Participation in Environmental Protection Based on Law Number 32 of 2009 Case Study: Neighborhood Association (RT) 08, Community Association (RW) 04, Malaka Jaya, East Jakarta Taufiq Supriadi; Dewi Dewi; Meivina Jayanti; Yong Hwa Lee
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v14i1.15838

Abstract

Environmental protection is not only the government's responsibility, but the community must also be actively involved. And environmental damage is now a very crucial problem that shows the gap between the law in the text (law in the books) and the law in practice (law in action). Law Number 32 of 2009 concerning Environmental Protection and Management provides a clear scope for the community to participate in maintaining environmental sustainability, especially starting from the micro-level community. This study aims to analyze how local community participation in implementing environmental protection in RT 08 RW 04 Malaka Jaya, East Jakarta and find solutions to avoid problems and obstacles that arise. The method used is empirical juridical legal research with a qualitative descriptive approach and data collected through direct interviews with RT/RW administrators and residents, through observation of environmental conditions, and literature studies on laws and regulations and related literature. This study has shown that the community has been involved in environmental cleaning activities. The results show that residents of RT 08 RW 04 participate through regular and active initiatives that have transformed the environment into a good example. This participation emerged from strong local awareness and broad-minded, forward-thinking leadership. It's not just a formal legal obligation, but also a challenge in addressing the consistency of participation and the varying levels of awareness. This research concludes that effective community participation can create "living law," meaning environmental norms are internalized and implemented collectively beyond the boundaries of positive law. This success has proven that even the smallest communities can be a driving force for sustainable environmental protection
Evidentiary Standards in Islamic Procedural Law: Reconciling Classical Fiqh with Modern Judicial Practices Ulil Albab; Ika Verliana Septiani
Jurnal Hukum Replik Vol 14 No 1 (2026): Jurnal Hukum Replik
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v14i1.16072

Abstract

This study examines the transformation of evidentiary standards in Islamic procedural law by analyzing the relationship between classical fiqh doctrines and contemporary judicial practices. Classical Islamic jurisprudence developed a structured evidentiary system consisting of testimony, confession, oath, and circumstantial indication, each grounded in principles of justice, reliability, and moral accountability. These standards reflect an epistemological approach that prioritizes predominant probability in establishing legal truth. However, the rapid development of modern legal systems, particularly through the use of documentary, forensic, and digital evidence, has created new challenges that require a reexamination of how evidence is defined and evaluated within Islamic courts. Using a doctrinal and conceptual approach, this study explores the extent to which classical evidentiary principles can accommodate contemporary forms of proof. The findings indicate that Islamic evidentiary law is inherently flexible and capable of adaptation through interpretive mechanisms rooted in its own legal tradition. In particular, the concept of circumstantial evidence provides a critical bridge for integrating modern evidentiary practices without undermining the normative foundations of Islamic law. This research proposes a reconciliatory framework that emphasizes the continuity of core legal values alongside methodological adaptation, supported by judicial reasoning and procedural standardization. The study concludes that the perceived tension between classical fiqh and modern judicial practice is not a structural incompatibility, but rather a reflection of the need for contextual reinterpretation. By articulating an integrated evidentiary paradigm, this research contributes to strengthening the relevance and functionality of Islamic procedural law in contemporary legal systems, particularly in jurisdictions that operate within pluralistic legal frameworks. The findings offer both theoretical and practical implications for the development of evidentiary standards that are consistent with the objectives of Islamic law while responsive to modern legal challenges.Keywords: Islamic procedural law, evidentiary standards, classical fiqh, modern judicial practices, legal reconciliation

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