cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Nanik Prasetyoningsih
Contact Email
nanikprasetyoningsih@umy.ac.id
Phone
+62274387656
Journal Mail Official
wafathoni@gmail.com
Editorial Address
Gdg.Pascasarjana Lt.2 Universitas Muhammadiyah Yogyakarta Jln. Brawijaya Tamantirto Kasihan Bantul DIY. 55183
Location
Kab. bantul,
Daerah istimewa yogyakarta
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 95 Documents
 6   7   8   9   10 
Drug Smuggling in Indonesia by Foreign Nationals: A Review through the Lens of Organized Transnational Crime Theory Prasetyo, Dimas Putra Catur; Yeni Widowaty
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? Ichsan , Muchammad; Prasetyoningsih, Nanik
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.
The Role of the Military in Government Bureaucracy: A Juridical Comparative Review of Indonesia and Pakistan Albab, Biantara; Sulaiman, King Faisal
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.v7i1.28266

Abstract

This study compares military involvement in the civil bureaucracy in Indonesia and Pakistan. The background of the problem lies in the military's persistent role in government despite reforms aimed at strengthening civilian supremacy. The objective is to analyze the legal framework and authority of military participation in the bureaucracy in both countries. The method used is comparative legal research, focusing on the constitution, legislation, and policies related to civil-military relations. The results reveal that the military's influence in the bureaucracy remains strong despite legal reforms. The difference is that post-reform Indonesia limits the assignment of active-duty TNI personnel to specific civilian positions in the defense and security sectors, subject to the approval of the House of Representatives. In comparison, Pakistan offers a broader scope, extending to cross-sectoral bureaucracy, economic development, and the jurisdiction of military courts over civilians with constitutional protection. In conclusion, both countries provide legal legitimacy for the military's role beyond defense functions, either through constitutional provisions or legislation that explicitly or implicitly open the door to military involvement in non-military sectors. Both Indonesia and Pakistan have legalized military involvement in the civilian sphere, expanding its functions from defense to administrative and development roles.
The 1945 Constitution In The Era Of Digital Disruption: Upholding Citizen Rights Against Algorithmic Challenges Adrik Kemal Bahruniam; Eny Kusdarini
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

Abstract

It is become harder to protect constitutional rights in Indonesia, especially freedom of speech and privacy, because of the digital age. As algorithmic methods become more common on media platforms, these rights are more and more under risk since automated processes don't have enough democratic supervision. This study analyzes the effects of algorithmic governance on people' constitutional rights as delineated in the 1945 Constitution of Indonesia, emphasizing the susceptibilities of privacy and expression in the digital domain. The study used a literature review methodology to examine the influence of algorithmic systems, encompassing content filtering, data collection, and profiling, on public discourse and individual liberties. The results show that algorithmic systems, which often work in secret, violate people's rights by silencing different points of view, making biases even worse, and using data to invade privacy. The study stresses the need to reevaluate Indonesia's constitutional framework to ensure proper rights protection in the context of algorithmic governance. The study ends by suggesting changes to make algorithmic systems more open, accountable, and overseen, which would help protect people's rights in the fast-changing digital world.
Redesigning Electoral Democracy in the Regional Representative Council (DPRD) Following Constitutional Court Decision No. 135/PUU-XXII/2024: English Muni, Abd.
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

Abstract

This article aims to explore the redesign of Indonesian electoral democracy following Constitutional Court Decision No. 135/PUU-XXII/2024, which separates national and regional elections. This separation has significant implications for the institutional architecture of democracy, particularly regarding the term of office of regional legislatures. The decision has the potential to trigger disharmony with the provisions of Article 22E of the 1945 Constitution, Paragraphs 1 and 2, and the MD3 Law, which stipulates a five-year term for the Regional People's Representative Council (DPRD). This disharmony could lead to a vacuum in regional legislative power, as the 2024 national election ends in 2029, while regional elections will not be held until 2031. The focus of this research is the implications of Decision No. 135/PUU-XXII/2024 on electoral democracy, the normative legal review of DPRD electoral democracy, and the strategy for redesigning electoral democracy following Decision No. 135/PUU-XXII/2024. This research employs a normative juridical method with a legislative approach and is based on Arend Lijphart's institutional design theory, which emphasizes the importance of institutional stability and consistency in a democracy. The results suggest three points. First, there is a need to revise or harmonize regulations related to legislative schedules and terms. Second, an anticipatory institutional transition design, such as term extensions or the appointment of temporary officials, is needed. Third, coordination between state institutions must be strengthened to ensure effective implementation of Constitutional Court decisions without disrupting government stability.

Page 10 of 10 | Total Record : 95

 6   7   8   9   10 

Filter by Year

2020 2026


Reset
Filter By Issues
All Issue Vol. 7 No. 1 (2026): March Vol. 6 No. 2 (2025): September Vol. 6 No. 1 (2025): March Vol. 5 No. 2 (2024): September Vol 5, No 2 (2024): September Vol 5, No 1 (2024): March Vol 4, No 2 (2023): September Vol 4, No 1 (2023): Maret Vol 3, No 2 (2022): September Vol 3, No 1 (2022): Maret Vol 2, No 2 (2021): SEPTEMBER Vol 2, No 1 (2021): Maret Vol 1, No 2 (2020): SEPTEMBER Vol 1, No 1 (2020): MARET More Issue