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INDONESIA
Jurnal Suara Hukum
Published by Universitas Negeri Surabaya
ISSN : 2656534X     EISSN : 26565358     DOI : 10.26740
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Suara Hukum memiliki standar untuk perilaku etis yang diharapkan oleh semua pihak yang terlibat dalam tindakan penerbitan: penulis, editor jurnal, peer reviewer dan penerbit. Jurnal Suara Hukum adalah jurnal peer-review, diterbitkan dua kali setahun di bulan Maret dan September oleh Departemen Hukum, Universitas Negeri Surabaya. Jurnal suara hukum telah memiliki akun Google scholar dengan tautan https://scholar.google.com/citations?hl=en&authuser=1&user=clJJoeIAAAAJ Jurnal Suara Hukum saat ini berstatus belum terakreditasi.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol. 7 No. 1 (2025): Jurnal Suara Hukum" : 10 Documents clear
The Rights-Based Labor Law: A Comparison of Indonesian and Nepal Policies Rahayu, Devi; Munir , Mishbahul; Wartiningsih; Shokhikhah, Zilda Khilmatus; Thapa, Nar Yan
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p156-183

Abstract

Human Rights (HR) serve as a crucial foundation in labor policies to protect workers' rights. However, both Indonesia and Nepal face significant challenges in their implementation, such as rights violations in the informal and formal sectors in Indonesia, and the risk of exploitation of Nepali migrant workers, exacerbated by the pandemic, weak oversight, and a lack of social protection. This study aims to analyze the differences in the implementation of human rights-based labor laws in Indonesia and Nepal and to identify the factors influencing the success or challenges of their enforcement. The study employs a normative legal method with legislative, comparative, conceptual, and historical approaches to analyze the integration of human rights principles into labor policies in Indonesia and Nepal. It relies on qualitative data from library research, including primary, secondary, and tertiary legal materials. The findings reveal that the implementation of human rights-based labor laws in Indonesia and Nepal demonstrates a commitment to international principles through the ratification of ILO conventions. However, both countries face distinct challenges within their social, economic, and implementation capacities. Indonesia focuses on protecting minimum wages, social security, and regulating working hours but struggles with gender discrimination and issues in the informal workforce. Meanwhile, Nepal deals with caste discrimination, migrant worker protection, and inadequate social security schemes. Both countries encounter oversight challenges, but factors such as socio-economic context, pro-investment policies, and commitment to international standards influence the success and challenges of implementing human rights-based labor laws in these two nations.
Legal Protection for Doctors in Telemedicine Services: A Human Rights and Comparative Law Perspective Wahyudin, Bob; Arie, Marthen; Irwansyah; Suwondo, Slamet Sampurno; Assefa, Rahel
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p124-155

Abstract

The practice of telemedicine is part of technological development that optimizes technology-based healthcare services, which can guarantee health rights for the community. However, the practice of telemedicine actually raises problems because there has not yet been optimal protective measures for doctors. This research aims to analyze the issues surrounding the regulation of telemedicine practices and their relation to the development of human rights in the health sector, as well as a comparative legal study of telemedicine regulations in Indonesia, Malaysia, and Ethiopia. This research is a normative legal study that emphasizes conceptual, comparative, and legislative approaches. The research results affirm that the right to health is a fundamental part of human rights that has been globally recognized since the WHO Constitution in 1946 and the Universal Declaration of Human Rights in 1948. As time progresses, the forms of fulfilling these rights also evolve, including through technology-based healthcare services such as telemedicine. Telemedicine has emerged as an important innovation in addressing the challenges of access and equity in healthcare services, particularly for communities in remote areas or with limited mobility. The findings of this study indicate that the regulation of telemedicine in Indonesia, Malaysia, and Ethiopia shares similarities in recognizing the importance of telemedicine within the national healthcare system. However, there are striking differences in regulatory approaches, infrastructure readiness, and legal protections for medical personnel. Malaysia has the most mature legal framework with the Telemedicine Act 1997 and data protection through the PDPA 2010. On the other hand, Indonesia does not yet have comprehensive specific regulations that protect doctors in telemedicine practice, while Ethiopia is still in the early stages of policy development. Therefore, there is a need for adaptive and comprehensive regulatory updates to ensure legal certainty, protection of rights, and sustainability of technology-based healthcare services in each country, particularly Indonesia.
The Public's Right to Sports Competition Without Match Fixing: Between Honorable Interest and Offence Rusdiana, Emmilia; Madjid, Abdul; Istiqomah, Milda; Said, Muhamad Helmi Md
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p98-123

Abstract

Sports competitions are a strategic forum for achievement, investment, and even noble values, but they are increasingly shrouded in match-fixing allegations. Arrangements regarding match fixing have not been regulated in their norms, so law enforcement and the government enforce the law without any basis. On the other hand, the government has the authority to take preventive measures before determining the cause of match fixing as an important study. This study examines the philosophy of alleged score fixing based on the function of criminal law based on legal interests in determining an adequate legal framework. The type of research is normative juridical based on a conceptual and comparative approach. This paper proves and confirms that score fixing violates the honor of the integrity of the state. Furthermore, efficient sports competitions with adequate industry revenues are important for the state. Based on this research, score fixing prevention is restoring the urgency of criminal law with the interest of honor in the form of state integrity, namely by restoring proper law enforcement
Health Criminal Law as an Instrument to Protect Human Rights: A Comparative Study of Indonesia and Algeria Wirya Darma, I Made; Mahadnyani, Tjokorda Mirah Ary; Agus Kurniawan, I Gede; Driss, Bakhouya
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p68-97

Abstract

Health criminal law in the Indonesian context is actually regulated in Article 427 to Article 448 in Law 17 of 2023 concerning Health (Health Law). This is a major change in the health sector and covers various aspects that regulate public health, health services, and criminal law related to violations in the health sector. This study aims to analyze two important aspects, namely: (i) the regulation of health criminal law between Indonesia and Algeria and its relation to the protection of human rights, and (ii) the future regulation of health criminal law in Indonesia in realizing the protection of health rights for the community. This research is a normative legal research with conceptual, comparative and legislative approaches. The result of the research confirms that health criminal law can be said to be the main instrument to maintain and ensure health rights for the community. The findings of this research confirm that the main difference between Indonesia and Algeria lies in the way health criminal law is organized and applied. Indonesia has more detailed and specific regulations that address malpractice, medical negligence and the health sector more holistically. Whereas Algeria tends to regulate this in a more general framework, following the existing criminal code. The recommendation from this study is that there is a need for legal harmonization between health criminal sanctions in Articles 427 to 448 in Law 17 of 2023 on Health (Health Law) and the New Criminal Code including more detailed special regulations on malpractice, including investigation procedures, evidence, and criminal sanctions against medical personnel who are proven to be negligent or deliberately commit medical errors. This will provide legal certainty for patients and medical personnel.
Crisis of Sovereignty: Legal Challenges in Delivering Humanitarian Assistance to Conflict Zone Puspoayu, Elisabeth Septin; Widagdo , Setyo; Kusumaningrum, Adi; Kurniaty, Rika
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p1-22

Abstract

The emergence of new actors as subjects of international law presents a new challenge in the application of humanitarian law. During armed conflict, the civilian population is not a party to the war and must therefore be protected. One of the forms of protection that must be applied is the provision of humanitarian assistance. The issue of the provision of humanitarian assistance in situations of armed conflict is contingent upon the concept of state sovereignty. This article will examine the relationship between humanitarian assistance and sovereignty, as well as the obstacles to state consent to provide humanitarian assistance in international armed conflicts. In order to address this issue, this article presents a comprehensive explanation based on a normative and case-specific approach to the legal framework governing corporations in international law, with a particular focus on humanitarian law. This article His research highlights the complex relationship between state sovereignty and humanitarian assistance in armed conflicts. Sovereignty obligates states to protect civilians, yet international law, particularly the Fourth Geneva Convention (1949), mandates the non-discriminatory provision of aid. When a state cannot or refuses to assist its population, it must permit external aid. Failure to do so may justify international intervention, balancing sovereignty with humanitarian imperatives.
Regulatory and Institutional Approach in Tackling Marine Plastic Pollution: The Practice of Indonesia Puspitawati, Dhiana; Susanto, Fransiska A.; Kurniaty, Rika; Kurniawan, Andi; Nursasmita, Muhammad Akbar; Mohd Rusli, Mohd Hazmi
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p23-67

Abstract

Marine Plastic Pollution (MPP) is increasing at an alarming rate. It presses environmental crisis, posing significant threats to both marine ecosystem and biodiversity, as well as human health. While relevant international legal frameworks call for concerted global action, effective national law enforcement remains a crucial element in the fight against plastic waste. This research explores Indonesia’s practice in implementing existing international legal frameworks nationally to tackle MPP. Although Indonesia has made significant progress in establishing national laws that align with international legal frameworks, however, much remain to be done. This especially related to regulatory framework and law enforcement institutions. This paper highlights existing regulatory and institutional frameworks adopted by Indonesia and analyses key enforcement challenges faced by Indonesia in reducing MPP. It is argued that strengthening national enforcement mechanisms, fostering intergovernmental collaboration, and enhancing public-private partnerships are essential to curbing marine plastic pollution. Ultimately, the paper calls for a more robust, integrated approach that aligns national legal frameworks with global efforts to protect marine environments from further degradation.
Human Rights Protection in Antitrust Law: Integrating the Principle of Dignified Justice into Antitrust Policy in Europe and Asia Akyuwen, Rory Jeff; Labetubun, Muchtar Anshary Hamid; Chansrakaeo , Ruetaitip
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p184-217

Abstract

Human rights must be integrated into Antitrust law to ensure social justice and protection for vulnerable groups, considering that the dominant economic approach often overlooks the negative impacts of monopolistic and anti-competitive practiceson the fundamental rights of individuals and communities. The aim of this research is to analyze how the integration of the principle of dignified justice in Antitrust law can strengthen human rights protection in Europe and Asia, as well as to evaluate the extent to which Antitrust law in both regions has currently accommodated human rights protection. This research uses a normative legal method with legislative, conceptual, and comparative approaches to analyze the integration of the principle of dignified justice in Antitrust law in Europe and Asia, and to assess human rights protection through qualitative analysis of relevant regulations, doctrines, and court rulings. The research findings show that the integration of the principle of dignified justice in Antitrust law in Europe and Asia strengthens human rights protection by creating a balance between entrepreneurial freedom and protection for vulnerable groups. Europe, through regulations such as the TFEU and initiatives like the Digital Markets Act, has made more progress in accommodating human rights, while Asia, though beginning to adopt the principle of justice in countries like Japan and Indonesia, still faces challenges in harmonizing regulations and enforcing the law. Collaboration and the adoption of best practices are expected to further strengthen human rights protection in Antitrust law in both regions. The research recommends that countries in Europe and Asia need to explicitly integrate human rights principles, particularly dignified justice, into the formulation and implementation ofcompetition law to ensure the protection of vulnerable groups. 
The Role of Law and Human Rights in the Formation of State Institutions: A Comparative Study of Indonesia and Nigeria Salmon, Hendrik; Jacob, John Tumba
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p218-244

Abstract

An efficient state institution, grounded in law and human rights, serves as the primary pillar for political stability and sustainable development, as evidenced by the comparison between Indonesia and Nigeria, two countries that face similar challenges despite their distinct historical backgrounds. This study aims to examine the role of law and human rights in the development of state institutions in both Indonesia and Nigeria, as well as to identify the similarities and differences in how these principles are applied in each nation. The research uses a normative legal approach, incorporating statutory, conceptual, and comparative methods to assess the regulations, legal concepts, and the application of law and human rights in the formation of state institutions in both countries, utilizing primary, secondary, and tertiary legal materials analyzed qualitatively. The results indicate that law and human rights play a significant role in shaping state institutions in both Indonesia and Nigeria, despite their differing legal systems. Indonesia follows the 1945 Constitution, emphasizing the separation of powers and the establishment of the National Commission on Human Rights (Komnas HAM), while Nigeria operates under the 1999 Constitution with a presidential and federal system, along with the creation of the National Human Rights Commission (NHRC). Both nations encounter common challenges, such as weak law enforcement and social inequality, which impede the effective integration of human rights into governance. As a result, strengthening human rights institutions and implementing structural reforms are essential to achieving more inclusive and equitable governance.
Integration of Constitutional Law and Human Rights: A Comparative Study between Indonesia and South Africa Sugirman, Andi; Nawawi, Jumriani; Hamzah; Amir, Irfan; Samararatne, Dinesha
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p274-297

Abstract

The development of the relationship between constitutional law and human rights is fundamental in a rule of law state. Constitutional law is oriented towards regulating and simultaneously striving for the optimal protection of human rights. This research aims to examine the integration between constitutional law and human rights by conducting a comparative legal study between Indonesia and South Africa. This research is a normative legal study emphasizing historical, conceptual, legislative, and comparative legal approaches. The research findings indicate that the strengthening of human rights norms and the role of the Indonesian Constitutional Court have become crucial points, particularly the role and authority of the Indonesian Constitutional Court through its rulings aimed at protecting human rights. Similar developments also occurred in South Africa after the end of apartheid, with the establishment of the Constitutional Court and constitutional reforms as important steps in upholding the rule of law and human rights. The Constitutional Courts of Indonesia and South Africa both face issues such as weak implementation of rulings, political pressure, and slow legislative processes that accommodate the Constitutional Court's decisions. This research recommends that the integration of constitutional law and human rights should be optimized by strengthening the authority of the Constitutional Court, including the authority to ensure that Constitutional Court decisions are obeyed and implemented optimally to protect human rights.
Child Punishment Versus the Principle of Non-Discrimination in the Perspective of Human Rights: A Legal Comparison Between Indonesia and Vietnam Widowati; Vu Le Giang
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p245-273

Abstract

Criminalization of children is a phenomenon that occurs in almost every country in the world and is relevant to the existence of children's rights as part of human rights. This research aims to analyze the criminalization of children in relation to the principle of non-discrimination in the 1989 Convention on the Rights of the Child, while also making a legal comparison with Indonesia and Vietnam regarding the regulation of child criminalization policies. This research is a juridical-normative legal study using a comparative, conceptual, and legislative approach. The research findings affirm that the criminalization of children fundamentally contradicts the principles of human rights, particularly the principle of non-discrimination in the 1989 Convention on the Rights of the Child. Therefore, the juvenile justice system must be designed as a form of special treatment that emphasizes rehabilitation and the protection of children's rights, rather than mere punishment. Child sentencing policies in Indonesia and Vietnam essentially share similarities in prioritizing the principle of the best interests of the child and the application of diversion as an alternative to sentencing. However, differences are evident in the legal structure and its implementation, where Indonesia has a specific law that comprehensively regulates the juvenile justice system, while Vietnam is still in the stage of legal reform through a draft law that emphasizes sentence reduction and the application of community-based diversion. The suggestions and recommendations from this study are that the government and policy makers in countries, especially Indonesia and Vietnam, are advised to continue to develop and strengthen the juvenile criminal justice system that is oriented towards rehabilitation, not punishment, in accordance with the principle of non-discrimination in the 1989 Convention on the Rights of the Child. Keywords: Children's Rights, Human Rights, Juvenile Justice.

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