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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 156 Documents
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Environmental Legal Protection Regulation through a Judicial Process Based on Legal Certainty and Anti-SLAPP Principles Istislam; Rif’an, Moch.; Kasanah, Nilam Ayu; Tinambunan, Hezron Sabar Rotua; Baroud, Najah
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

Indonesia, endowed with abundant natural resources, continues to face persistent environmental challenges, including pollution, land degradation, and the depletion of ecological assets. Although the legal framework, primarily Law Number 32 of 2009 on Environmental Protection and Management (UUPPLH) and its amendment under Law Number 32 of 2024, provides a normative basis for environmental governance, environmental defenders who advocate for ecological protection remain vulnerable to criminalization through Strategic Lawsuits Against Public Participation (SLAPP). This phenomenon persists despite the existence of statutory safeguards within UUPPLH, indicating the absence of a clear, coherent, and enforceable Anti-SLAPP framework in Indonesia’s positive law and reflecting insufficient governmental commitment to preventing the misuse of legal instruments to silence public participation. This study employs a normative legal research method to analyze the norms, principles, and values that underlie the protection of environmental defenders, examine the conceptual construction of Anti-SLAPP principles, and identify systemic weaknesses that allow judicial practices inconsistent with those principles to occur. The findings demonstrate an urgent need to establish adaptive and binding legal regulations through more humanistic mechanisms, along with comprehensive policy reforms within law enforcement, to ensure practical, responsive, and rights-based protection that strengthens environmental justice and democratic participation.
The Urgency of the Confidentiality Principle in Restorative Justice Mechanisms Rahman, Kholilur; Lestari, Arum Ayu; Suryoutomo, Markus
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

One of the legal issues that is interesting and rarely receives attention in the application of restorative justice is the confidentiality principle. In international provisions, it is regulated in Paragraph 14 of the United Nations Basic Principles and in Paragraph 2 of the Council of Europe Recommendation. In several countries, such as the United States, Belgium, and others, it has attracted the attention of legal scholars. In contrast, research in Indonesia has yet to adequately address or explore this principle in detail. Accordingly, it is both relevant and necessary to investigate the significance of this principle within restorative justice mechanisms. The discussion begins with an exploration of the underlying legal rationale (ratio legis) behind the principle of Confidentiality in models of restorative justice, followed by an analysis of the urgency of reformulating restorative justice provisions within the Indonesian criminal justice system in a way that guarantees this principle. This study employed a normative legal research method, supported by several approaches, including the statute approach, comparative approach, and conceptual approach. The legal materials used consist of both primary and secondary legal sources. The main contribution of this research lies in its role as part of the law that ought to be (ius constituendum) for the reform of criminal procedure law in Indonesia.
The Basic Idea of the Attentat Clause in Terrorism Related Criminal Offenses Sunardi; Kaimuddin, Arfan; Akbar, Rizki; Bastomi, Ahmad
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

The application of the attentat clause in terrorism-related crimes mainly emerges in extradition proceedings, where perpetrators often invoke political motives to avoid surrender under the political offense exception, thereby hindering international cooperation. Essentially, the attentat clause affirms that murder or attempted murder of a head of state or other protected persons cannot be classified as political crimes, but rather as serious ordinary crimes with transnational implications. This study examines the legal implications of divergent national regulations on the attentat clause in the extradition of terrorism offenders, with particular attention to human rights protection. Employing a normative juridical method through statutory and comparative approaches, the research is supported by literature review and analysis of relevant legal materials. The findings show that Indonesia’s regulation of the attentat clause is broadly aligned with international legal principles that recognize terrorism as a universal crime and reject the political offense exception. However, discrepancies between Indonesia’s legal framework and those of several other states may generate legal uncertainty and weaken Indonesia’s effectiveness and bargaining position in extradition processes. The novelty of this research lies in integrating the core concept of the attentat clause with comparative analysis and its practical implications for extradition, while emphasizing human rights considerations. Accordingly, harmonization between the Terrorism Law and the Extradition Law concerning the attentat clause is necessary to ensure legal certainty and uphold human rights in extradition proceedings.
Legal Protection for Child Sexual Violence Victims: Victimology Perspectives, Challenges, and Policy Solutions in Asia Utari, Indah Sri; Kamal, Ubaidillah; Ramada, Diandra Preludio; Sumardiana, Benny; Nunna, Bhanu Prakash
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

This study critically examines the implementation and effectiveness of legal protection mechanisms for child victims of sexual violence across selected Asian-majority countries. While many nations in the region have ratified international conventions (such as the CRC) and enacted specialized domestic legislation, the reality of enforcement is often undermined by socio-cultural dynamics and systemic weaknesses. Employing a victimology framework, this research analyzes the factors contributing to revictimization and the specific challenges faced by children navigating the criminal justice system within contexts characterized by strong familial hierarchy, community privacy norms, and prevalent gender biases. The study identifies three core implementation challenges common across the region: 1) the pervasive influence of stigma and victim-blaming rooted in traditional values, leading to underreporting and case withdrawal; 2) procedural inadequacies within law enforcement and judicial sectors, resulting in non-trauma-informed practices and secondary harm; and 3) the failure to effectively deliver restitution and holistic rehabilitation services due to funding gaps and lack of integrated inter-agency cooperation. Drawing upon comparative case analysis, this paper proposes alternative solutions that are culturally sensitive yet legally robust. Key recommendations include implementing mandatory specialized judicial training focused on child psychology and trauma-informed interviews, establishing state-funded victim compensation and rehabilitation schemes independent of criminal prosecution outcomes, and promoting community-level restorative justice initiatives that prioritize the child's well-being over solely punitive measures. Ultimately, this study advocates for a paradigm shift from a purely punitive legal response to a comprehensive, victim-centered approach tailored to the unique societal structures of Asian-majority countries.
From Judicial Permission to Judicial Governance: Polygamy Regulation under Libyan Family Law (1984–2015) Masuwd, Mowafg; Barkah, Sami; Aladi, Salem; Alrumayh, Safa; Hasan, Laylay; Omar, Zaynab; Ayad, Nahid
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

This study analyzes the judicial regulation of polygamy in the Libyan family law using socio-legal and maqasid al-shariʿah framework. Focusing on Law No. 10 of 1984 on Marriage and Divorce and its amendments (1991, 1994, and the 2015 deletion of Article 13), the study traces how polygamy shifted from jurisprudential (fiqhi) permissibility to judicial restriction subject to authorization, contestation, and potential refusal. Using qualitative doctrinal analysis supported by socio-legal contextualization, the research examines how the authorization mechanisms have transformed polygamy from a private spousal privilege to a legally conditioned practice subject to state supervision and refusal. The findings show an institutional shift in the role of Libyan courts from verifying formal requirements to evaluating financial capacity, potential harm, and family welfare, especially after the 1994 “serious reasons” standard. The article argues that these restrictions are better understood as a maqasid-oriented understanding of justice and harm prevention rather than as a departure from Shariʿah. By linking statutory law, judicial discretion power, and socio-political context, the study contributes to the continuous debates on Islamic family law reform, the role of courts in Muslim-majority countries, and the normative foundations for regulating marital practices.
Digital Transformation of Contract Law: Legal Certainty and Human Rights Protection in AI-Based Contracts Priyono, Ery Agus; Akinrinde, Olawale Olufemi; Al Fithri, Muhammad Najiib; Azhar, Muhamad
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

The development of artificial intelligence (AI) has driven the digital transformation of electronic contracting practices by introducing automated systems and electronic agents. However, using AI to form and execute contracts raises legal issues, particularly regarding the validity of agreements, legal certainty, and the protection of human rights. According to Indonesian contract law, agreements are valid if they meet the requirements of Article 1320 of the Civil Code (KUHPerdata) which includes mutual agreement and legal capacity. However, AI lacks free will and legal status. This study aims to analyze the discrepancy between applicable legal norms and the practice of using AI in electronic contracts in Indonesia. This study employs normative legal research with a legislative and comparative law approach, focusing on the UNCITRAL Model Law on Electronic Commerce and the United Nations Convention on the Use of Electronic Communications in International Contracts. The results reveal that Indonesian positive law does not explicitly regulate the validity or legal liability of AI-based contracts. This lack of regulation has the potential to cause legal uncertainty and substantive injustice. Therefore, it is necessary to harmonize national law with international standards and integrate a human rights–based approach to ensure legal certainty and justice in AI-based contracts.    

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