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Hezron Sabar Rotua Tinambunan
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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. 2 (2025): Jurnal Suara Hukum" : 10 Documents clear
Rethinking the Empty Ballot Box in Pilkada: Between Democratic Substance and Legal Formalism Sultoni Fikri; Syofyan Hadi; Baharuddin Riqiey; Rizky Bangun Wibisono
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p409-436

Abstract

The phenomenon of single-candidate elections in regional head elections (Pilkada) poses challenges to the democratic principles of directness, generality, freedom, confidentiality, honesty, and fairness. To address such electoral impasses, the "empty ballot box" mechanism was introduced through Constitutional Court Decision No. 100/PUU-XIII/2015 and supported by General Election Commission Regulations (PKPU), offering voters an alternative. However, this mechanism raises critical legal and democratic concerns—whether it truly reflects popular sovereignty or merely serves as an administrative formality. This study examines the legal legitimacy, democratic substance, and systemic consequences of the empty ballot box in Pilkada. Using a doctrinal legal methodology with statutory and conceptual approaches, the analysis reveals that the empty box mechanism predominantly acts as an administrative safeguard rather than a vehicle of the people's will. While it ensures procedural continuity, it fails to address the deeper issues of political representation and structural deficiencies in candidate nomination. The dominance of legal positivism in regulating this mechanism neglects principles of substantive justice and meaningful participation. This study argues for a comprehensive legal reform that moves beyond formal compliance and embraces progressive legal principles. Such reform should strengthen political party accountability, support independent candidacies, and expand public participation in candidate nomination. By reframing the empty box through the lens of democratic renewal and human rights, this article contributes a novel critique of electoral design in Indonesia.
Recentralization of Mining Licensing Authority and Its Impact on Local Autonomy in Indonesia Tinambunan, Hezron Sabar Rotua; Istislam; Hadiyantina, Shinta; Kusumaningrum, Adi; Tajudin, Amalina Ahmad
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p520-539

Abstract

The principle of decentralization is a constitutional mandate that grants authority to regional governments to administer governance and manage natural resources within their respective jurisdictions. This principle emerged as a corrective measure to the centralized governance model of the New Order regime, which had resulted in significant disparities in welfare between the central government and the regions. Law Number 4 of 2009 on Mineral and Coal Mining initially reinforced this decentralization by delegating the authority to issue Mining Business Permits (IUP) to local governments, thereby contributing to the enhancement of local community welfare in resource-rich regions. However, the enactment of Law Number 3 of 2020, which amended Law Number 4 of 2009, reversed this decentralization by reassigning such authority to the central government. This legislative shift represents a constitutional anomaly, contradicting the decentralization spirit embedded within the 1945 Constitution of the Republic of Indonesia. This study employs normative legal research methods using statutory and conceptual approaches to examine the division of authority between the central and regional governments in managing the mineral and coal mining sector. The findings reveal that the recentralization of IUP authority not only undermines regional autonomy but also adversely affects the development of resource-producing regions and hampers the realization of social justice as envisioned in the framework of a welfare state.
Constitutional Amendment in the e-Democracy Era: Experience Constitutional “Crowdsourcing” from Iceland and Challenges for Indonesia Nggilu, Novendri; Zulkifli; Yassine, Chami; Apripari; Kaluku, Julisa Aprilia; Mohammad AbdAllah Alshawabkeh
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p298-327

Abstract

The growing interest in constitutional reform has drawn attention to crowdsourcing as an innovative method for increasing public involvement. This approach, successfully implemented in Iceland, contrasts sharply with the traditionally elitist processes seen in many other countries, including Indonesia. This article investigates the potential of applying a crowdsourced model to Indonesia’s future constitutional amendment processes. Using a statutory and comparative legal method, the study analyzes the Icelandic experience to draw insights for the Indonesian context. The research finds that Indonesia's constitutional amendment process has historically marginalized public participation, lacking transparency and inclusivity. In contrast, Iceland's model demonstrates that structured digital engagement can produce a more democratic and representative outcome. This study offers two key contributions: first, it highlights the normative shift introduced by digital constitutionalism; second, it underscores the importance of designing hybrid models that blend conventional and digital mechanisms. While promising, the implementation of such a model in Indonesia faces significant obstacles, including digital inequality, manipulation risks from political buzzers, and the ethical challenges of AI-mediated discourse. These findings suggest that any future reform must be carefully tailored to local conditions, ensuring both accessibility and legitimacy
An Ideal Model for The Preparation of Internal Regulations of Universities in Indonesia Based on Meaningful Participation in The Success of Sustainable Development Goals (SDG's) 2030 Sulaksono; Sulistyowati, Eny; Ali Masnun, Muh.; Yahya, Najeeb
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p463-487

Abstract

This research aims to offer an ideal model for the formulation of internal regulations in higher education institutions based on the concept of meaningful participation in achieving the SDGs. This research is a normative legal study that emphasizes a conceptual, legislative, and case approach. The research results affirm that internal regulations of higher education institutions are part of the hierarchy of national legislation. The urgency of implementing meaningful participation in the formulation of internal regulations at higher education institutions is expected to realize the sixteenth goal of the SDGs, which is to create resilient institutions. This way, internal regulations at higher education institutions can be formulated effectively by considering needs and prioritizing legal harmonization with other regulations. The ideal model for the formation of internal regulations in higher education institutions needs to be based on transparency aspects related to planning, supervision, implementation, and evaluation, which must accommodate three aspects of meaningful participation, namely the right to be heard, the right to be considered, and the right to be explained. In addition, to ensure legal certainty, specific regulations need to be formulated at the national level that provide general guidelines related to the formation and drafting of legal products for higher education institutions, which will then be followed up with technical regulations within each higher education institution.
Beyond Legal Frameworks: Uncovering the Hidden Impact of Gender Violence in Indonesia’s 2024 Political Recruitment Lestari, Puji; Niravita, Aprila; Arditama, Erisandi; Suran Ningsih, Ayup; Munandar, Moh. Aris; binti Jamil @ Osman, Zuraini
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p350-378

Abstract

The violent dynamics of gender, power, and politics synergistically undermine the political recruitment participation of women in Indonesia. Victims are often unaware of the oppressive power structures disguised as social norms, which continue to marginalize women's roles in politics. This research aims to identify the types of discrimination faced by women during the recruitment process for the 2024 legislative elections and to analyze the effectiveness of existing legal regulations in eliminating these obstacles. The study employs a normative doctrinal research approach by analyzing legislation, policies, and recruitment documents related to gender-based political representation. The analysis is further supported by theoretical frameworks concerning symbolic violence and gendered power relations. The study finds that systematic discrimination is perpetrated through “invisible” power structures that maintain a gap between formal legal protections and actual societal practices. Although the law provides a constitutional quota of 30% for women’s representation, symbolic and structural violence continues to suppress meaningful political participation. Legal frameworks tend to emphasize procedural equality, thereby failing to eliminate entrenched discriminatory practices. The study advocates for regulatory reforms that go beyond formal equality to ensure substantive and meaningful political inclusion of women in Indonesia. Keywords: Gender discrimination; Political recruitment; Symbolic violence.
The Urgency of Amending Article 251 of the KUHD Related to The Principle of the Utmost Good Faith in Insurance Agreements: (Critical Note on the Decision of the Constitutional Court Case Number 83/PUU-XXII/2024) Agus Yudha Hernoko; Fitri Nur Amalia; Ridaningjati , Pamungkas; Kinan Kalam Khalifa; Antonino Pedro Marçal
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p540-564

Abstract

This paper critically examines the Constitutional Court Decision Number 83/PUU-XXII/2024, which reviews the constitutionality of Article 251 of the Indonesian Commercial Code (KUHD) concerning the principle of utmost good faith in insurance contracts. The article stipulates that coverage becomes void if the insured conceals any facts, even if done in good faith. The urgency of this writing lies in the necessity to interpret Article 251 of the KUHD systematically and teleologically, particularly within the context of legal protection for both insurers and insured parties. This research employs a normative juridical approach with a prescriptive analysis of legal norms and the implications of the Court’s decision. The findings indicate that the phrase “renders the insurance void” in Article 251 of the KUHD should not be construed as void by law (nietig van rechtswege) but rather voidable (vernietigbaar), as it concerns the subjective element of mutual consent. The Court's decision has significant implications for restructuring insurance contract norms to ensure fair and proportional protection for all parties involved.
The Principle of Ultimum Remidium as Human Rights Protection in Relation to Sexual Violence Crimes: A Legal Comparison between Indonesia, Malaysia, and Tunisia Fithri, Beby Suryani; Serimin Pinem; Rafiqi; Souad Ahmed Ezzerouali
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p379-408

Abstract

The principle of ultimum remedium is one of the principles in legal science that serves as an important foundation in the criminal justice system, placing criminal sanctions as the last resort after non-criminal efforts are deemed ineffective. The application of this principle is closely related to children as both perpetrators and victims of sexual violence, emphasizing a humane approach, restorative justice, and the protection of human rights, with a focus on recovery efforts for victims. This article examines the principle of ultimum remedium in relation to its application in sexual violence crimes in Indonesia, Malaysia, and Tunisia. The study results show that all three countries share a common vision in placing criminal sanctions as a last resort and emphasizing the importance of child protection and restorative justice. However, there are significant differences in regulation and implementation challenges. Indonesia and Malaysia have a more systematic and integrated approach, while Tunisia faces legal and social obstacles in consistently applying this principle. Efforts to strengthen law enforcement capacity and update legislation are urgently needed so that the principle of ultimum remedium can be effectively implemented to achieve comprehensive justice and protection for victims of sexual violence
The Reconstruction of Qibla Burial Practice: An Islamic Law and Human Rights Perspective Fatimah, Fatimah; Taman, Badrun; Baxadirovna, Bazarova Dildora
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p328-349

Abstract

The Indonesian state has an obligation to protect the basic rights of its citizens, including the right to be buried properly according to their religion and beliefs. This research aims to analyze the reconstruction of regulations on burial practices facing the Qibla for Muslims from the perspective of Islamic law and human rights. This study is a normative legal research with a conceptual and legislative approach. The research findings emphasize that the state plays a role in ensuring that Muslims can fulfill their religious obligation regarding graves facing the Qibla, which can be realized through the provision of appropriate burial facilities, education, and non-discriminatory regulations. The local government strives to achieve this by measuring and establishing the direction of the qibla at Public Cemeteries (TPU), enhancing socialization, and conducting regular calibration and evaluation. Therefore, the state needs to reconstruct the regulations for graves facing the Qibla, in accordance with Islamic law and positive law, through the revision of Government Regulation No. 9 of 1987, which includes standardizing the direction of the Qibla, educating burial officers, optimizing land use, and clarifying the role of local governments. With comprehensive regulations, the state can guarantee human rights, particularly the freedom of religion and belief. Keywords: Religious Rights, Islamic Law, Islamic Burial, Role of the State.
Trademark Registration Incentive Regulation for Small Businesses in Tourism: Human Rights and Protection Systems Comparison Samsithawrati, Putu Aras; Dharmawan, Ni Ketut Supasti; Putra, Made Aditya Pramana; Sawitri, Dewa Ayu Dian; Hong, Tan Jian
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p488-519

Abstract

This study aims to compare trademark protection systems adopted in Indonesia and Malaysia on exclusive rights to trademarks, especially in the human rights context, and to analyze regulations in both countries in supporting small business in the tourism sector through trademark registration incentives. The normative legal research method is used in this study by using statutory, conceptual, and comparative approaches with descriptive qualitative analysis. The study reveals that trademarks as intangible property rights and the right to own property can be considered human rights refer to Arts. 27(2) and 17 UDHR. To strengthen trademark protection in human rights and Intellectual Property Rights contexts, Indonesia adopts a first-to-file system where trademark registration is an obligation, because it protects those who file it first, as stipulated in Law No. 20 of 2016. Gianyar as tourism area in Bali-Indonesia has Regent Regulation Number 86 of 2021 that supports small businesses in tourism through trademark registration incentives. Meanwhile, Malaysia adopts a first-to-use trademark protection system stipulated in the Trademark Act 2019.  However, trademark registration is an essential step to ensure business continuity. Both Indonesia and Malaysia governments have at least attempted to play a positive role in supporting the growth of their economies.
Legal Philosophy’s Role in Human Rights and Fiscal Governance: Indonesia and the Philippines Comparative Insights Aneta, Yanti; Aneta, Asna; Tohopi, Rustam; Hulinggi, Pebriyanto A.; Tee-Anastacio, Princess Alyssa D.
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p437-462

Abstract

 This article addresses the critical gap in the insufficient integration of legal-philosophical principles—such as justice, equity, and the rule of law—into local fiscal policy frameworks. This research adopts a normative-juridical method with a comparative and conceptual approach. Data were analyzed through classical and contemporary legal-philosophical perspectives to evaluate the extent to which legal norms are either upheld or neglected in budgeting processes and fiscal governance. The findings reveal that Indonesia’s legal framework emphasizes decentralization and participatory budgeting but lacks mechanisms to ensure rights-based fiscal priorities. Conversely, the Philippines exhibits stronger civil society engagement in local fiscal issues but faces challenges of legal fragmentation and weak enforcement. Both countries demonstrate a limited philosophical foundation in fiscal policymaking, which undermines the realization of social and economic rights.This study concludes that embedding legal philosophy into local fiscal governance is essential for advancing the substantive fulfillment of human rights. The article recommends the institutionalization of rights-based budgeting principles, enhanced legal education for local officials, and stronger normative alignment between decentralization laws and human rights obligations.

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