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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 173 Documents
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Digital Fiscal Accountability under Indonesian Administrative Law: A Framework for AI-Driven Regional Budget Governance Fitria Fitria; Eko Nuriyatman; Firdaus Arifin; Rahayu Repindowaty Harahap; Hanif Hardianto; Siti Fatimah; Rustian Mushawirya
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p324-353

Abstract

Artificial intelligence (AI) is increasingly used to support public-sector fiscal analysis. Yet, its integration into regional budgeting creates a legal problem that existing Indonesian administrative-law arrangements do not expressly resolve: how AI-generated recommendations may be used without transferring legally binding decision-making authority from public officials to algorithmic systems. This article examines the normative conditions for using AI as a decision-support instrument in regional budget governance. It develops a digital fiscal accountability framework for addressing fiscal turbulence, transparency, responsibility, and reviewability. The research uses a normative juridical method based on statutory and conceptual approaches. Primary legal materials are analyzed to identify rules and principles concerning governmental authority, administrative procedure, accountability, data protection, and digital government, while secondary literature is used to construct the conceptual relationship between administrative law and algorithmic governance. The analysis finds that AI may improve fiscal forecasting, anomaly detection, and scenario analysis, but these benefits do not make AI an autonomous administrative decision-maker. The proposed framework therefore requires human validation, traceable decision records, data-quality controls, algorithmic auditability, contestability, and a clear allocation of responsibility among officials, institutions, and technology providers. Digital fiscal accountability is proposed as a normative reconstruction that connects existing administrative-law principles with AI-specific safeguards rather than as a claim that Indonesian law already comprehensively regulates AI-driven budgeting.
Tiered Judicial Scrutiny of Coercive Measures in Indonesian Criminal Procedure Adam Ilyas; Fachrizal Afandi; Indah Dwi Qurbani
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p354-391

Abstract

Indonesia’s newly enacted code of criminal procedure shifts oversight of coercive measures from an ex post corrective model centered on pre-trial proceedings to an ex ante regime of judicial authorization. This article examines a structural flaw in that redesign: an explanatory provision that removes court-authorized coercive measures from the reach of pre-trial review, even though the body of the statute expressly makes such measures reviewable. Using normative legal research with statutory, conceptual, and comparative approaches, this article argues that the new authorization regime lacks a review methodology robust enough to render judicial involvement meaningful. Where no effective post-authorization avenue survives, prior judicial approval risks operating as an administrative formality and, more seriously, as a safe harbor that immunizes coercive state action from further scrutiny. Drawing on remedial equilibration and procedural justice theory, this article shows that narrowing the remedy diminishes the practical content of the right itself. It therefore proposes a tiered model of judicial oversight in which the intensity of review, the state’s justificatory burden, and the minimum procedural safeguards are calibrated to the intrusiveness of the measure and the gravity of its impact on fundamental rights, and it specifies eight benchmarks through which judges can operationalize that model. Implementation requires technical guidelines from the Supreme Court to discipline judicial reasoning, a piloted roster of dedicated front-end reviewing judges, and a reading of the contested explanatory provision that preserves meaningful remedial review, so that criminal procedure continues to function as a safeguard against arbitrary state power
Legal Protection in Credit Guarantee Mechanisms for MSME Financing: A Study of Financial Inclusion in Indonesia Aldehita Purnasanti Maulida; Indah Sri Utari; Dewi Sulistianingsih; Diandra Preludio Ramada; Abu Bakar Munir
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p500-563

Abstract

This study examines how legal protections within credit guarantee mechanisms support MSME financing and strengthen financial inclusion in Indonesia. It addresses the extent to which legal and institutional arrangements can reduce credit barriers, facilitate risk sharing, and expand access to formal financing for MSMEs. Using a socio-legal research approach and a case study method, the study analyses statutory and regulatory frameworks, institutional policies, relevant documents, and the implementation of credit guarantee schemes, particularly in the context of government-supported MSME financing. The findings indicate that legal protection operates not merely as a normative framework but also as an enabling mechanism that facilitates risk distribution between financial institutions and guarantee institutions. Credit guarantee mechanisms reduce perceived credit risk, increase lending confidence, and improve MSMEs’ access to productive financing. The study further finds that the effectiveness of legal protection depends on institutional synergy, regulatory coherence, risk assessment, and adaptive governance. From a theoretical perspective, the findings demonstrate that credit guarantee mechanisms reflect the principles of Law and Development by using law as an instrument to facilitate economic participation and reduce structural barriers to financing. They also embody Welfare State principles by redistributing economic risks and promoting more equitable access to financial resources. The study contributes to the socio-legal literature by conceptualizing credit guarantee mechanisms as a legal-institutional bridge between legal protection, financial inclusion, and inclusive economic development in Indonesia.
Rehabilitation as an Alternative to Criminal Justice for Children Who Use Narcotics Arfan Kaimudin; Sunardi; Rizki Akbar; Hisbul Lutfhi Ashsyarofi; Ahmad Bastomi
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p564-592

Abstract

Children who use narcotics for personal consumption remain vulnerable to imprisonment because Indonesia’s legal framework has not yet provided a clear and consistent basis for access to rehabilitation. This study aims to analyze the criminal policy on rehabilitation for children who abuse narcotics and to formulate a rehabilitation model as a form of recovery independent of criminal punishment. This research employs a normative legal method using statutory and comparative approaches. The findings indicate that diversion, integrated assessment, and rehabilitation have been recognized within the existing legal framework; however, their implementation remains fragmented and dependent on the criminal justice process. Rehabilitation should therefore be positioned as a recovery mechanism independent of criminal punishment for children who use narcotics for personal consumption and are not involved in illicit drug trafficking. Accordingly, harmonization of the legal framework is required by clarifying the legal status of children who abuse narcotics, strengthening multidisciplinary assessment from the earliest stage, and ensuring rehabilitation that is oriented toward the best interests of the child and the protection of children’s rights.
Auction for NPL Asset Recovery: Indonesia and Kazakhstan from Human Rights and Substantive Justice Perspectives Soegianto Soegianto; Zaenal Arifin; Dametken Medikhanovna Turekulova
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p593-630

Abstract

This study examines the comparative legal framework of auctions for Non-Performing Loan (NPL) asset recovery in Indonesia and Kazakhstan through human rights and substantive justice This study examines the comparative legal framework of auctions for Non-Performing Loan (NPL) asset recovery in Indonesia and Kazakhstan through human rights and substantive justice perspectives. The main issue is how each country balances banking stability with debtor protection, particularly regarding fair asset valuation, procedural transparency, and the prohibition of arbitrary deprivation of property. Employing a normative legal method with statutory and conceptual approaches, this study analyzes national legislations alongside international human rights standards. The findings reveal that Indonesia emphasizes legal certainty and debtor protection under the Mortgage Law (Law No. 4/1996) and Fiduciary Law (Law No. 42/1999). However, its banking recovery efficiency is constrained by procedural rigidity and extensive litigation. Conversely, Kazakhstan demonstrates higher economic efficiency by engaging Private Bailiffs to accelerate asset liquidation, yet this creates severe human rights risks, including undervaluation, inadequate notice, and limited judicial remedies for debtors. The study concludes that Indonesia must enhance procedural efficiency without compromising constitutional rights, while Kazakhstan needs to strengthen public oversight over private actors to fulfill international human rights obligations. Ultimately, both systems must integrate market functionality with human rights principles to build a balanced, fair, and non-discriminatory asset recovery model within the banking sector
Do Anti-Money Laundering Measures Threaten Human Rights? Comparative Evidence from Indonesia and Hungary Dhoni Martien; Yuliana Setiadi; Talabos Dávidné Lukács Nikolet; Uzodinma Yurriens Peter Ezenduka
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p692-740

Abstract

This research aims to analyse the principles of anti-money laundering legal policies from the perspective of human rights protection and to compare their implementation in Indonesia and Hungary. This research is a normative legal study with a conceptual, comparative, and legislative approach. The research results indicate that anti-money laundering policies must be built on the principles of legality, proportionality, accountability, transparency, due process of law, presumption of innocence, as well as privacy protection and non-discrimination, in order to ensure a balance between state interests and individual rights. Comparatively, Indonesia and Hungary share similarities in adopting international standards such as the Financial Action Task Force (FATF) recommendations, including the implementation of Know Your Customer and reporting suspicious transactions through institutions like the Financial Transaction Reports and Analysis Centre and the Financial Intelligence Unit Hungary. Therefore, future legal reforms need to be directed towards strengthening an adaptive risk-based approach, enhancing institutional coordination, utilising technology, and reaffirming the limits of state authority to create an effective, just, and human dignity-oriented legal system
Mediation and Arbitration Reform in Healthcare Business Disputes for Human Rights: Indonesian and the United Arab Emirates Perspectives T. Keizerina Devi Azwar; Montayana Meher; Ahmed Mohamed Barak; Joko Ismono
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p662-691

Abstract

The commercialization of healthcare services has increased the use of mediation and arbitration to resolve medical business disputes, raising concerns regarding the protection of the right to health within private dispute resolution mechanisms. This study examines the regulation and implementation of mediation and arbitration in Indonesia and the United Arab Emirates through the framework of the UNGPs and formulates an ideal legal reform model. Employing normative legal research with comparative and conceptual approaches, the study analyzes legislation, international instruments, and relevant legal doctrines. The findings reveal that both jurisdictions prioritize procedural efficiency over human rights protection. The study proposes a Rights-Based ADR Model integrating UNGPs, institutional independence, human rights due diligence, limited transparency, and culturally responsive dispute resolution to strengthen effective access to remedies and balance patients' rights with commercial interests
Notarial Authentication of Electronic Consumer Agreements: A Layered Trust Model for Digital Justice Dita Perwitasari; Budi Santoso; Yunanto Yunanto; Zainur Rahman; Nurul Hikmah
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p392-425

Abstract

Electronic consumer agreements are legally recognized but remain vulnerable to identity manipulation, opaque standard terms, unverifiable consent, fragile evidence, data-processing risks, and weak access to remedies. Existing scholarship commonly treats electronic signatures, consumer protection, and cyber-notarial development separately, leaving an institutional gap concerning how legal authenticity can protect consumers without imposing notarial form on ordinary digital commerce. Using normative legal research with statutory, conceptual, doctrinal, and functional-comparative approaches, this article develops a selective five-layer model of notarial authentication for high-risk electronic consumer agreements. The model integrates identity verification, meaningful-consent confirmation, content-integrity preservation, disclosure certification, and redress-oriented evidence custody. Its novelty lies in conceptualizing notarial authentication not as signature validation or mandatory notarization, but as a proportional, consumer-centered, evidence-oriented, and preventive-justice mechanism. The framework is intended for transactions presenting heightened indicators such as significant value, long-term obligations, embedded financing, cross-border elements, sensitive data, or clauses limiting consumer rights. Properly designed safeguards can strengthen consumer autonomy, privacy and informational self-determination, equality for vulnerable users, and access to effective remedies while preserving the efficiency of ordinary online transactions. The article concludes that regulatory clarification, procedural standards, professional competence, and institutional coordination are necessary to make selective electronic notarial authentication a credible trust infrastructure for digital consumer justice.
Proportional Forfeiture of Mixed Assets: Balancing Criminal Proceeds and Security Interests Adi Muliawansyah Malie; Trisadini Prasatinah Usanti; Sarwirini Sarwirini; Febrian Rizki Pratama; Salwa Maryam; Mahraen Mahraen
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p426-465

Abstract

Indonesian prosecutors, courts, and secured creditors face an operational hurdle when a single indivisible asset is financed partly by criminal proceeds, partly by lawful funds, and partly by a legitimate secured loan. Uncertainty over whether to forfeit or release the whole object impedes asset recovery and risks arbitrary interference with third-party property rights. This article examines whether existing law provides a mechanism for allocating lawful and tainted value and formulates a rights-compatible proportional forfeiture model. It employs normative legal research using statutory, conceptual, case, and comparative approaches, supported by grammatical, systematic, and teleological interpretation. Existing rules recognize property wholly or partly connected to crime, equivalent-value recovery, seizure limits, and bona fide third-party protection, but recognition of partial criminal origin is not equivalent to an operational allocation mechanism. The article develops a rebuttable, step-by-step framework combining source-of-funds tracing, dual-date independent valuation, separation of secured claims from owner's equity, a tiered evidentiary burden, a creditor good-faith test, and reasoned distribution of enforcement proceeds. This is the first Indonesian model to translate proportionality into a measurable valuation formula for mixed assets while preserving judicial discretion. It enables effective recovery of tainted value and attributable gains without confiscating lawful equity or valid security interests.
Family Law Reform on Out-of-Wedlock Children: Dignified Justice and Human Rights in Indonesia and Georgia Vincensia Esti Purnama Sari; Teguh Prasetyo; Udin Silalahi; Maia Kapanadze; Emmilia Rusdiana
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n2.p775-808

Abstract

 The legal status of children born out of wedlock remains a significant issue in family law because it raises tensions between the principle of marriage legitimacy and the protection of children's human rights. This study aims to compare the family law systems of Indonesia and Georgia and to formulate a reform model grounded in Human Rights and Dignified Justice. This normative legal research employs comparative and conceptual approaches using primary, secondary, and supporting legal materials. The findings reveal that Indonesia faces normative inconsistency, while Georgia encounters implementation challenges. Balanced legal reform integrating substantive harmonization and institutional improvement is essential to ensure equal legal protection for children born out of wedlock.

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