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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 157 Documents
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Redesigning the Provision of Aggravation in Property Crime during the Pandemic Oktobrian, Dwiki; Basworo, Handityo; Amalia, Syarafina; Basuki, Fernando; Lumempow, Euodia; Jain, Vaibhav
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p206-227

Abstract

One of the things that has been potentially overlooked in the development of criminal law during the Covid-19 pandemic is how the Prosecutor's Office and the Courts view the seriousness of property crimes. Every state has set up a social safety net to ensure that individuals are able to live without hunger despite the economic slowdown, and this initiative also comes along with a more intense social concern from the social environment. This article seeks to uncover the patterns of prosecution and imprisonment by judges for property crimes during the pandemic, which are inappropriate as everyone experiences family loss and economic hardship. The primary data in this article uses interviews with prosecutors and judges, then validates it in data on the length of prison charges and prison sentences recorded in the Case Tracking Information System (SIPP) in the Semarang District Court, Banyumas District Court, and Purwokerto District Court. The results of this research reveal two important things. First, prosecutors and judges in Indonesia during the Covid-19 pandemic did not aggravate prison charges and prison sanctions, even the Penitentiary tended to accelerate the assimilation process or shorten the duration of imprisonment. Second, property crimes committed during the pandemic are relevant to aggravate the threats and penalties, because they make life difficult for people who are financially and psychologically weak. Indonesia should consider revising the sentencing guidelines in the National Criminal Code before it becomes effective in 2026.
Legal Protection of Labour’s Freedom of Union Againts Union Busting in Indonesia Al Uyun, Dhia; Buryahika, Edgar; Siagian, Daniel Alexander
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p279-297

Abstract

Freedom of association, assembly and expression is part of human rights that must be respected, fulfilled and protected. Constitutionally, freedom of association for workers/laborers has been guaranteed in Article 28E paragraph (3) which confirms that everyone has the right to freedom of association, assembly and opinion. Basically, trade unions / labor unions are organizations formed from, by, and for workers/workers both in the company and outside the company that are free, open, independent, democratic and responsible in order to fight, defend and protect the rights and interests of workers/workers and improve welfare. However, in practice there are various forms of violation of freedom of association for workers, one of which is the suppression of trade unions (Union Busting) which is often intended as an effort to weaken the bargaining position of workers against the company. Union Busting is a restrictive measure against the establishment and implementation of workers ' freedom of association, beginning with discrimination against workers. Union busting actions carried out by employers against unions, are usually carried out through unilateral layoffs, demositions, and mutage of positions. The restriction of freedom of association is contradictory as Article 104 Paragraph (1) of Law No. 13 of 2003 concerning manpower confirms that every worker/worker has the right to form and become a member of a trade union/trade union. Legal protection is the protection of human dignity and recognition of human rights owned by legal subjects based on legal provisions and as a collection of laws or rules that will be able to protect one thing from another. Legal protection is an effort to prevent and overcome the violation or non-fulfillment of the rights of legal subjects. Legal protection against Union Busting is actually needed to protect workers ' rights in forming and running unions so that there is a healthy working relationship between workers and companies.
Discrimination Related to Labour Age Limitation in Indonesia: A Human Rights and Comparative Law Perspective Prasetio, Dicky Eko; Masnun, Muh. Ali; Nugroho, Arinto; Ikram, Denial; Noviyanti, Noviyanti
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p228-254

Abstract

The existence of a maximum age limit for job applications in Indonesia presents societal challenges, as it has the potential to engender age-based discrimination, or ageism. This study aims to analyze the ratio decidendi of Constitutional Court Decision No. 35/PUU-XXII/2024, which addresses the maximum age limit for employment applications, while also examining human rights perspectives and legal comparisons related to maximum age limits in job vacancies in Indonesia. This research employs a normative legal methodology, utilizing case analysis, conceptual frameworks, legislative review, and comparative legal studies. The findings affirm that the ratio decidendi in Constitutional Court Decision No. 35/PUU-XXII/2024 concerning age limitations for certain job applications does not constitute discrimination, as age-based discrimination is not yet legislated in Indonesia. The maximum age limit in job vacancies can be classified as a form of ageism, which represents a type of discrimination based on age that should not be applied in the employment sector. Many countries, including Singapore, the Philippines, the United States, and Germany, have legislatively prohibited ageism and various forms of discrimination in job requirements and employment relationships. This study recommends that lawmakers revise the Labor Law to include ageism as a discriminatory practice. Keywords: Ageism, Human Rights, Employment, Comparative Law.
The Reform of Consumer Protection Law: Comparison of Indonesia, Vietnam, and Ghana Kadir, M. Yakub Aiyub; Arifin, Miftah; Disantara, Fradhana Putra; Thuong, Mac Thi Hoai; Nutako, Briggs Samuel Mawunyo
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p255-278

Abstract

Consumer protection has become a major challenge in Indonesia, Vietnam, and Ghana, facing gaps in information, bargaining power, and access to legal justice, especially in the context of technological development and globalization. This research seeks to evaluate the comparison in the area of consumer protection law between Indonesia, Vietnam, and Ghana and what legal reforms can be adopted in the case of Indonesia from best practices in Vietnam and Ghana. The study is a normative legal research in which the conceptual and the regulatory approaches are utilized to assess the laws on consumers in Indonesia, Vietnam, Ghana, and by examining of different legal documents i.e. primary, secondary, and tertiary sources and after that employing descriptive qualitative analysis on the data. The results show that countries, including Indonesia, Vietnam, and Ghana vary widely across and between themselves regarding the nature of the laws, the supervision exercised, and even the enforcement of the laws. Indonesia is guided by the Consumer Protection Law (UUPK) with BPKN and BPSK as the overseeing bodies, while Vietnam is guided by the Law on Protection of Consumer Rights (LOPCR) which is enforced by the VCCA. Ghana which is at the moment developing a Consumer Protection Act is guided by the Food and Drugs Authority (FDA) in enforcing product supervision. All the three countries have a low consumer population even where the law is enforced and this has developed into a problem. In making practices and market interactions in Indonesia more transparent, it could apply solutions from Vietnam on information sharing and electronic dispute resolution and also consolidate the position of BPKN as it was done in Ghana in order to afford more efficient control over and defense of a digital market place against illicit activities
Creating Substantive Justice in State Administrative Courts: A Theoretical, Philosophical, and Human Rights Review Alfons, Saartje Sarah; Soplanit, Miracle; Mail, Syed Muhammad Huzaif
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p298-306

Abstract

Substantive justice in Administrative Court (PTUN) can be achieved through theoretical, philosophical, and human rights (HAM) approaches that ensure access to fair and equal justice, so that decisions made are not only procedurally valid but also reflect genuine justice for society. The objective of this research is to analyze how substantive justice can be realized in the practice of Administrative Court (PTUN) through theoretical, philosophical, and human rights approaches, as well as to explore the role of human rights in ensuring the achievement of substantive justice in administrative court proceedings. This research employs normative legal methods with legislative, philosophical, and human rights approaches, using literature study techniques and descriptive analysis of legislation, court decisions, and legal literature. The findings reveal that substantive justice in Administrative Court (PTUN) can be realized through the integration of theoretical, philosophical, and human rights (HAM) approaches to ensure justice transcends formal procedures and reflects true justice values. The theoretical approach encompasses natural law principles and distributive justice theory to balance individual rights and governmental authority, while the philosophical perspective adopts John Rawls' "justice as fairness" concept and Pancasila values emphasizing the balance of rights and obligations. The human rights approach ensures protection against arbitrary administrative actions, equal access to justice, and the right to a fair trial. However, the implementation of substantive justice in PTUN still faces challenges, such as the dominance of formalistic legal positivism, the limited understanding of judges regarding substantive justice principles, and unequal access to legal assistance for the underprivileged
The European and Asian Countries' Philosophy Towards Health Law Reform: A Comparative Review and The Philosophy of Legal Realism Wulandari, Anggi Yudistia; Gorda , A.A.A Ngurah Sri Rahayu; Kurniawan , I Gede Agus; Gorda , A.A.A Ngurah Tini Rusmini
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p307-330

Abstract

Global health issues drive the importance of philosophically based health law reform, with Europe prioritizing social justice and human rights, while Asia combines local traditions and modernization to respond to health challenges adaptively and inclusively. The purpose of this study is to analyze the differences in the principles of health law reform between European and Asian countries and the influence of each region's philosophy on the reform approach based on a review of the philosophy of legal realism. This study uses a normative legal method with a conceptual and legislative approach, analyzing primary, secondary, and tertiary legal materials through document studies and legal interpretation to understand the philosophy, norms, and concepts of health law reform in Europe and Asia based on the philosophy of legal realism. The results of the study show differences in the main principles of health law reform between Europe and Asia, where Europe emphasizes equality, universal access, and social justice, while Asia is more pragmatic by integrating local cultural values and market efficiency; European philosophy focuses on social solidarity and the welfare state, while Asia prioritizes collectivism and adaptation to local contexts, with both reflecting the application of legal realism to meet the needs of society according to their respective social and cultural contexts
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.

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