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Nanik Prasetyoningsih
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Gdg.Pascasarjana Lt.2 Universitas Muhammadiyah Yogyakarta Jln. Brawijaya Tamantirto Kasihan Bantul DIY. 55183
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INDONESIA
Jurnal Penegakan Hukum dan Keadilan
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 27460967     EISSN : 2721656X     DOI : https://doi.org/10.18196/jphk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Penegakan Hukum dan Keadilan (JPHK) mempublikasikan artikel artikel ilmiah yang mengkaji isu-isu penegakan hukum dan pencapaian keadilan.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 5 Documents
 1 
Search results for , issue "Vol. 7 No. 1 (2026): March" : 5 Documents clear
Regulatory Model Traditional Markets, Shopping Centers, and Modern Shops Based on Justice in Karangasem Regency, Bali Province
Jurnal Penegakan Hukum dan Keadilan Vol. 7 No. 1 (2026): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v7i1.25933

Abstract

Development in Karangasem Regency is currently classified as being in an increasingly developed stage. Chain store proliferation has led to traditional markets and even retail traders competing for the people's choice in shopping. In addition, supermarkets, chain stores, and shopping centers raise concerns about the future of Traditional Markets. Legal protection for business actors was indeed created to enable competition and promote healthy competition, as well as to prevent business monopolies, especially among traditional market players. This study is necessary as a guideline and technical reference for stakeholders in organizing and fostering networked stores by examining changes in current regulations. This study is included in the type of normative legal research or doctrinal legal research. The discussion was conducted through several approaches, including the legislative approach, the legal concept approach, and the legal analysis approach. So that with consideration of the social and economic conditions of the surrounding local population, aspects of distance and aspects of zoning of spatial planning, aspects of licensing, and aspects of operational hours as the basis for regulating the Shopping Centers and Modern Stores, it is hoped that later it can bring a sense of justice to Traditional Market actors in the surrounding area.  In the future, it is necessary to pay attention to economic aspects, Zoning, Licensing, Operating Hours, Taxes, and Regional Retributions. In general, the opening of Modern Network Stores is still possible in Karangasem Regency in all Districts.
Legal Harmonization of Mining Industrial Regulation: A Normative Review of Provincial Authority in Central Sulawesi, Indonesia
Jurnal Penegakan Hukum dan Keadilan Vol. 7 No. 1 (2026): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v7i1.26110

Abstract

The changes to the Mineral and Coal Mining Law in 2025 emphasize the direction of mining law policy in Indonesia, which is intertwined with the regulation of regional government authority and its development under the Job Creation Law. This research aims to explain the urgency of adjusting regional legal products related to industrialization within the framework of the Mineral and Coal Mining Law and the Job Creation Law. This analysis applies normative legal research, including statutory, conceptual, and comparative approaches. The data collection techniques used are literature and document reviews, with the results analyzed using qualitative descriptive analysis. The result indicates that the effectiveness of mining industry regulation lies in this division of affairs as a manifestation of the principle of decentralized authority of regional government. Moreover, Nawiasky and Habermas theories are used as bases for argument to emphasize the urgency of regulating aspects of industrialization at the provincial level, along with the reduction of provincial authority after the enactment of the Job Creation Law. This research concludes that the authority of the Central Sulawesi provincial government to regulate the mining industry currently requires adjustments in line with the core business of the Job Creation Law and the Mineral and Coal Mining Law. In addition, several challenges arise in the alignment process: regional autonomy and central supervision of regions, regional capacity constraints, and stakeholder involvement. These findings imply the involvement of various parties at the central and regional levels in encouraging nickel industrialization through the formulation and adjustment of laws.
The Role of Ombudsman in Supervising Public Services in The Land Sector Oktobrian, Dwiki; Alisya, Nazwa Serin; Maharani , Yunita Putri; Sudrajat, Tedi
Jurnal Penegakan Hukum dan Keadilan Vol. 7 No. 1 (2026): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v7i1.27559

Abstract

Maladministration in public land services remains a recurring structural issue that undermines legal certainty and erodes public trust in state institutions. This article addresses two main concerns: the high volume of public complaints about poor land services and the limited influence of external oversight bodies, such as the Ombudsman, in driving systemic reform. The study aims to analyze the forms and patterns of maladministration in the land sector and assess the effectiveness of the Ombudsman's role in addressing and preventing it. Using a socio-legal approach, data were collected through semi-structured interviews and analysis of the Ombudsman's annual reports and other institutional documents. The findings show that the most frequent types of maladministration include prolonged delays, procedural irregularities, and negligence, particularly in non-regular land programs such as land registration (Pendaftaran Tanah Sistematis Lengkap – PTSL). The Ombudsman has demonstrated the ability to process complaints factually and resolve many cases, but its recommendations are non-binding and are often disregarded by the reporting agencies. In terms of prevention, the Ombudsman has initiated public service training and legal education programs, though their reach and impact remain limited.
Drug Smuggling in Indonesia by Foreign Nationals: A Review through the Lens of Organized Transnational Crime Theory
Jurnal Penegakan Hukum dan Keadilan Vol. 7 No. 1 (2026): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v7i1.27566

Abstract

Efforts to smuggle narcotics (drugs/dangerous substances) into Indonesia from abroad have not stopped or decreased; in fact, they tend to be stable without any significant decrease. Indonesia is still a fertile field for narcotics smugglers with various modes, especially narcotics brought by foreign nationals. The proposed problem formulation is as follows: What factors increase the occurrence of narcotics smuggling by foreign nationals when viewed from the theory of criminal organizations? Second, how will the government's efforts to combat transnational narcotics smuggling be in the future? Related to the theory of transnational criminal organizations and the steps taken by the Indonesian government in overcoming and eradicating organized transnational narcotics smuggling crimes committed by foreign nationals. The author's analysis method in this study is normative legal research examining applicable laws, literature, and norms related to the problems studied, using secondary, primary, and tertiary materials. The global crisis has encouraged the rise of the narcotics business, which is linked to the theory of transnational organized crime related to syndicate organizations, as can be seen in the still high number of narcotics smuggling cases in Indonesia, amounting to 240 cases from 2024 to March 2025. The Indonesian government should take the following steps to overcome this crime: strengthen human resources, conduct counseling and surveys, support technological facilities and infrastructure, increase cooperation with other countries, and involve the community in eradicating narcotics smuggling.
The Dissolution of Community Organizations in Indonesia: Is Court Involvement Necessary?
Jurnal Penegakan Hukum dan Keadilan Vol. 7 No. 1 (2026): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v7i1.29273

Abstract

The dissolution of community organizations in Indonesia under Law No. 16 of 2017 remains controversial, particularly regarding the absence of judicial involvement. This study employs a normative juridical approach to examine the issue from three perspectives—human rights, Islamic law, and Indonesian positive law. The research relies on statutory, conceptual, and comparative analyses using primary and secondary legal materials, including the 1945 Constitution, Law No. 16 of 2017, and relevant Constitutional Court decisions. Findings reveal that although the law is constitutionally valid, it does not fully satisfy the principles of justice and due process, as it allows the government to dissolve organizations unilaterally without judicial review. From the perspective of siyasah syar’iyyah (legitimate policy), such authority must be grounded in maslahah (public interest) and fairness to prevent social discontent. Therefore, to uphold constitutional democracy and protect fundamental rights, court involvement should be reinstated as an essential mechanism in the dissolution of community organizations.

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