Jurnal Suara Hukum
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.
Articles
149 Documents
<![CDATA[Extrajudicial Killings over the Drug War in the Philippines under the ICC Jurisdiction ]]>
<![CDATA[Gunawan, Yordan]]>;
<![CDATA[Permana, Vensky Ghaniiyyu Putri]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p31-47
<![CDATA[Extrajudicial killings in the Philippines have escalated, resulting in severe human rights violations exacerbated by the enforcement of drug war policies, which have led to numerous deaths without due legal process. These killings constitute serious crimes falling within the jurisdiction of the International Criminal Court (ICC). This paper examines how the ICC can serve as an international mechanism for addressing extrajudicial executions in the Philippines' drug war. Employing normative legal research methodology, the study utilizes legal sources focused on normative law as primary data. The ICC, functioning as a permanent court, is mandated to prosecute individuals responsible for international crimes under the Rome Statute. The findings confirm that extrajudicial killings in the Philippines qualify as international crimes, thus within the ICC's purview. Consequently, the ICC's involvement should not be construed as a challenge to national sovereignty but rather as a catalyst for strengthening global criminal justice frameworks. By holding perpetrators accountable, the ICC can stimulate the development of national criminal justice systems worldwide and encourage the enactment of domestic laws addressing egregious human rights violations and breaches of international humanitarian law. This role underscores the ICC's mission to promote universal ideals and ensure justice for victims of grave international offenses.]]>
<![CDATA[Legal Analysis of the Implications of the ASEAN Agreement on E-Commerce for Electronic Business Contracts in Indonesia ]]>
<![CDATA[Wilbert, Wilbert]]>;
<![CDATA[Siregar , Mahmul]]>;
<![CDATA[Sukarja, Detania]]>;
<![CDATA[Natcha, Natcha]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p48-67
<![CDATA[The Industrial Revolution 4.0 (4IR) has ushered in significant transformations, notably the rise of electronic commerce (e-commerce), which transcends national borders and presents challenges related to state sovereignty, legal certainty, security, and the formation of contracts. To address these complexities, the ASEAN Agreement on E-Commerce aims to facilitate e-commerce across ASEAN countries. Indonesia, as an ASEAN member, has ratified this agreement into national law, impacting various aspects, notably the regulation of digital business contracts. This study seeks to explore these implications through qualitative analysis of secondary data, employing normative legal methodologies and a legal approach. The ASEAN Agreement on E-Commerce introduces additional regulations that establish norms for individuals engaging in cross-border electronic transactions within ASEAN. This framework is crucial for harmonizing legal standards and fostering a conducive environment for international business activities within the ASEAN region.]]>
<![CDATA[Conceptual and Juridical Review of the Destruction of Cultural Property in the Ukraine - Russia War ]]>
<![CDATA[Putri, Maria Kunti Atika]]>;
<![CDATA[Wattimena, Keanu Abinuno]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p125-143
<![CDATA[The ongoing conflict between Ukraine and Russia has witnessed numerous war crimes, notably the destruction of cultural property belonging to Ukraine, despite international protections afforded to such sites. This paper undertakes a conceptual and juridical review of the protection of cultural property during armed conflict, specifically examining its application in the context of the Ukraine-Russia war. Employing a doctrinal research method, the study elucidates the significance of safeguarding cultural heritage, which is deemed a global inheritance. The analysis emphasizes the provisions outlined in the 1954 Hague Convention, which governs the protection of cultural property, and explores the respective responsibilities of Ukraine and Russia in addressing instances of cultural destruction. By evaluating these legal frameworks and their application, this research contributes to understanding the obligations and challenges related to preserving cultural heritage amidst contemporary armed conflicts, advocating for adherence to international norms and facilitating mechanisms for resolution and accountability.]]>
<![CDATA[Comparison of Indonesian and Norwegian Laws regarding Criminal Responsibility of perpetrators with Intellectual/Mental Disabilities ]]>
<![CDATA[Via Dianti, Pingkan Okta]]>;
<![CDATA[Andini, Maria Angela Putri]]>;
<![CDATA[Windari, Rusmilawati]]>;
<![CDATA[Da Silva, Eugenia Brandao]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p68-90
<![CDATA[The criminal responsibility of offenders with mental or intellectual disabilities varies significantly across legal systems, influencing policies within the criminal justice framework. In some jurisdictions, provisions exist allowing for the consideration of disabilities as grounds for exoneration or mitigation of punishment. The reform of Indonesia's Criminal Code in 2023, particularly Articles 38 and 39, addresses the issue of criminal responsibility for individuals with mental or intellectual disabilities. However, challenges arise when the concept of diminished criminal liability is tied more to the defendant's mental or intellectual condition rather than their culpability in the criminal act itself. This study aims to examine and compare these legal regulations and policies with those of Norway. Using a juridical-normative method with legislative and comparative approaches, the research seeks to elucidate the differences in how Indonesia and Norway handle the criminal responsibility of offenders with disabilities. By doing so, this paper aims to clarify the regulatory frameworks governing the exoneration and reduction of criminal liability for individuals with disabilities in Indonesia, ensuring that law enforcement practices align with the rights and considerations afforded to such individuals]]>
<![CDATA[China's Belt and Road (BRI) Policy for Trade Interests in Indonesia ]]>
<![CDATA[Riska, Riska Fatmala Dewi]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p91-107
<![CDATA[In promoting international trade within Indonesia, the government relies on Law Number 7 of 2014 concerning Trade. This legislation serves as a foundational framework for facilitating trade activities and addressing related issues. As part of efforts to bolster infrastructure development amidst financial constraints, Indonesia has turned to initiatives such as the Chinese Silk Road, or Belt and Road Initiative (BRI). This strategic partnership aims to enhance Indonesia's infrastructure capabilities, particularly in light of budgetary limitations that have hindered optimal development. However, the implementation of BRI projects has sparked concerns and varying interpretations, particularly regarding the potential risks of falling into a "debt trap" or succumbing to "debt diplomacy" with China. This research employs a normative juridical approach, utilizing statutory analysis and conceptual frameworks to explore these complexities. A notable case is the Jakarta-Bandung high-speed rail project, slated for operation by August 18, 2023, which exemplifies BRI's application in Indonesia. Addressing legal uncertainties and ensuring robust dispute resolution mechanisms are crucial for mitigating risks associated with BRI policies. It is imperative for Indonesia to proactively safeguard against adverse impacts while harnessing the benefits of international partnerships for sustainable development.]]>
<![CDATA[International Law in the Sudanese War 2023: An Overview of the Conflict and Law Enforcement ]]>
<![CDATA[Gunawan, Yordan]]>;
<![CDATA[Putra, Muh Raqi Pratama]]>;
<![CDATA[Khairi, Muh Faqih Al]]>;
<![CDATA[Arumbinang, Mohammad Hazyar]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p108-124
<![CDATA[In early 2023, Sudan faced significant turmoil primarily driven by a civil war involving prominent military factions. The conflict stemmed from a power struggle and ideological differences between General Abdel Fattah Al Burhan, who assumed leadership of the armed forces and presidency, and his deputy, General Mohamed Hamdan Dagalo, who also heads the Paramilitary Rapid Support Force (RSF). This research aims to analyze the Sudanese conflict's impact on the population and the role of international law in addressing violations during the crisis. The war has exacted a heavy toll on Sudanese civilians, resulting in substantial loss of life and exacerbating humanitarian crises across the country. International law emerges as a crucial avenue for holding accountable those responsible for violations, encompassing both military and civilian populations. Employing sociolegal juridical methods, this study examines existing data pertaining to the Sudanese conflict and scrutinizes how international organizations enforce legal standards within this context. By leveraging international legal frameworks, this research advocates for applying legal sanctions to address violations committed by the Sudanese government and associated military factions. This approach seeks to provide legal recourse and justice for affected civilians while highlighting the imperative of international law in fostering accountability and peace amid ongoing conflict.]]>
<![CDATA[Comparison of the Legal Regulation of the Rechterlijk Pardon in Indonesia and the Netherlands ]]>
<![CDATA[Estiningtyas, Aulia Rizka]]>;
<![CDATA[Ulfatul Hasanah]]>;
<![CDATA[Windari, Rusmilawati]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p162-186
<![CDATA[The concept of rechterlijk pardon represents a new legal formulation introduced in Indonesia through Law Number 1 of 2023 concerning the Criminal Code, aimed at aligning criminal law with contemporary societal conditions. Beyond traditional deterrence, this concept empowers judges to consider mitigating circumstances and individual offender situations. Several European countries, including the Netherlands, have long regulated rechterlijk pardon, prompting a comparative analysis of its application between the Netherlands and Indonesia. This normative legal research compares the provisions of rechterlijk pardon in the Indonesian Criminal Code (KUHP) with those in Dutch law. The findings reveal both similarities and differences: both systems require judges to justify their decision for granting pardon and offer alternative pardon requirements, yet Indonesia includes specific considerations of justice not detailed in Dutch law. The study underscores the importance of clarifying the criteria for rechterlijk pardon implementation in Indonesia to preempt potential conflicts. Ultimately, the research advocates for a clear and harmonized framework for judicial pardon in Indonesia, ensuring consistency and fairness in its application within the criminal justice system]]>
<![CDATA[Choice of Law Clause in Foreign Investment Contracts for The Development of The Nusantara Capital City ]]>
<![CDATA[Angela, Krisna]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p144-161
<![CDATA[This research analyses foreign investment within the context of the Nusantara Capital City (Ibu Kota Nusantara, IKN) development projects, focusing specifically on the application of choice of law clauses in resolving disputes arising from foreign investment contracts. Employing both statutory and conceptual approaches, the study explores how the IKN's green forest city concept aligns with national investment policies, making it conducive to foreign investment provided that projects adhere to legislative requirements and procedural guidelines. The findings underscore the critical importance of carefully crafted dispute resolution clauses, particularly those specifying the choice of applicable law, given the inherent complexity of contracts involving multiple parties subject to diverse legal systems. Effective dispute resolution mechanisms are essential for ensuring clarity and consistency in addressing potential legal conflicts that may arise in the course of international investment activities within the IKN development framework.]]>
<![CDATA[Comparison of Legal Protection of Labor in Indonesia and Pakistan ]]>
<![CDATA[Alfani, M Iram]]>;
<![CDATA[Sunarno, Sunarno]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 1 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n1.p187-205
<![CDATA[This article aims to conduct a comparative review of legal protections for workers in Indonesia and Pakistan, focusing on workers' rights and the sanctions imposed on companies that infringe upon these rights. The research serves to provide educational resources on labor protections for students and workers alike. Employing normative legal research methodology, both secondary and primary data were collected, with secondary data primarily sourced from literature reviews. Qualitative data analysis methods were applied to interpret information gathered from personal and official documents, as well as written sources, to derive conclusions. The findings highlight both similarities and differences in the implementation of workers' rights protections between Indonesia and Pakistan. Despite variations in approach, both countries demonstrate a commitment to upholding workers' rights within their respective legal frameworks. This study contributes to a deeper understanding of labor protections in diverse national contexts, offering valuable insights for academic study and practical application in the field of labor law and policy.]]>
<![CDATA[Legal Protection for Victims of Sexual Slavery as a War Crime in Russia and Ukraine ]]>
<![CDATA[Gabryella, Gabryella]]>
<![CDATA[ Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum ]]>
Publisher : <![CDATA[Universitas Negeri Surabaya ]]>
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DOI: 10.26740/jsh.v6n2.p413-430
<![CDATA[This research discusses the legal protection of victims of sexual slavery as a war crime in Russia and Ukraine. The conflict between Russia and Ukraine has resulted in significant violations of international humanitarian law, including sexual violence committed by Russian soldiers. This research explores the legal implications of sexual slavery as a war crime in the context of the ongoing conflict. In this study, the author uses a socio-legal approach to analyze the legal protection of victims of sexual slavery. The results show that the crime of sexual slavery as a war crime in Russia and Ukraine can be understood through the lens of international human rights law. This paper hopes to contribute to the development of human rights law and the protection of victims of sexual slavery as a war crime.]]>
