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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 149 Documents
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Reconstruction of Criminal Design Based on Strict Liability Theory for Hospitals in Cases of Medical Malpractice Against Patients Prasetyo, Handoyo; Waluyo, Bambang; Subakdi, Subakdi; Roring, Edward Benedictus; Salles, Sergio
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.p331-355

Abstract

The increasing number of medical malpractice cases is ironic, because with the current Health Law it is hoped that malpractice cases can be reduced in number. The Health Law and other regulations must be obeyed by all parties in the world of health, especially hospital corporations so that apart from medical personnel or health workers, hospitals, directors and hospital management must also take legal responsibility, in accordance with their respective roles in the event of malpractice in the hospital environment. On the other hand, the stakeholders of this hospital will receive legal protection if they have implemented all their rights and obligations in accordance with applicable legal provisions. The specific purpose of this research is to prove that hospital corporations are also eligible for criminal sanctions if malpractice occurs in the hospital environment, through the application of strict liability principle, compiled with the interconnection of various related legislation products. This research uses normative juridical research methods that are descriptive prescriptive, using data and information from relevant literature sources, primary legal sources in the form of statutory provisions and jurisprudence, corporate theories used to analyse the problems, as well as research data obtained from the internet/website of related agencies. Keywords: hospitals, liability, malpractice
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.
Internationalization of Halal Product Assurance Standards in Indonesia in Ensuring Consumer Rights: Implications and Orientation Wibowo, Dwi Edi; Soeharto, Achmad; Taufiq; Kunantiyorini, Anik; Prematura, Aditya Migi; Begishev, Ildar
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.p356-384

Abstract

Halal product assurance is part of consumer rights that ensures consumers receive a legal guarantee for a product that has been certified halal. In Indonesia, there are efforts to internationalize halal product assurance standards through cooperation with other countries. This research aims to analyze the legal implications and orientation related to the internationalization of halal product assurance standards in Indonesia with other countries. This research is a normative legal study that emphasizes conceptual, legislative, and historical approaches. The research results indicate that the internationalization of halal product assurance standards in Indonesia can have positive implications, such as the adoption of Indonesian halal regulations and standards by other countries, increased cooperation with both Muslim-majority and non-Muslim countries, and enhanced competitiveness of Indonesian products in the global halal industry market, particularly from the small, micro, and medium enterprise sector. Future orientation in the internationalization of halal product assurance standards in Indonesia can be achieved through strengthening cooperation with non-Muslim countries in terms of technology transfer, and with Muslim countries to improve the quality of halal certification and strengthen their position in the global halal market. This research offers novelty in the form of international collaboration and legal implications that can have a wide-ranging impact, especially on the competitiveness of Indonesian products in the global halal market. This research recommends a revision of Government Regulation No. 39 of 2021 concerning the Implementation of the Halal Product Assurance Sector to formulate more optimal regulations regarding international cooperation in halal product assurance standards in Indonesia. Keywords: Consumer Rights, Internationalization, Halal Product Assurance, Cooperation.
The Constitutional Law in Contemporary Times: Comparison of India and Indonesia Adnyani, Ni Ketut Sari; Hartono, Made Sugi; Parwati, Ni Putu Ega; Salles, Sergio
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.p385-412

Abstract

Constitutional law in India and Indonesia, although different in governance structure—India as a federal state and Indonesia as a unitary state—faces similar challenges in the era of globalization and technology, such as the protection of minority rights, decentralization, political stability, and adaptation to international standards, while maintaining legal sovereignty and local values. The aim of this research is to analyze the similarities and differences in the fundamental principles of constitutional law between India and Indonesia and their implementation in addressing contemporary challenges such as globalization, democracy, and human rights. This research employs a normative legal method with a legislative approach to analyze and compare the principles of constitutional law in India and Indonesia, through library research involving legal documents, academic literature, and qualitative and comparative analysis techniques to understand the application of law in the context of contemporary challenges. The study finds that although India and Indonesia have different historical and cultural backgrounds, both share fundamental principles of constitutional law such as constitutional supremacy, popular sovereignty, and the protection of human rights, but differ in their governance systems with India adopting parliamentary federalism and Indonesia a presidential unitary system. Both countries face similar challenges in globalization, democracy, and human rights, with India emphasizing the role of judicial review by the Supreme Court and Indonesia strengthening the Constitutional Court. Implementation challenges include issues of pluralism, privacy, decentralization, and responses to digitalization, with each country adjusting its legal framework to address social discrimination and freedom of expression. Keywords: Constitutional Law, Globalization, Decentralization, Indonesia, India.
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.
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.

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