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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 87 Documents
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Analysis of Electronic Agreements Made by Minors in Ecommerce Transactions in The Perspective of Indonesian Positive Law Toumahu, Abdul Cholik; Anggraini, Reni
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.19584

Abstract

Validity agreements entered into by minors in e-commerce transactions from an Indonesian legal perspective. The current development of technology as we know it is increasingly rapid and pampers all its fans, in this case in digital business activities commonly known as E-commerce. Activities that can be carried out using an internet computer network make it easy for anyone who can do it, including children who are not yet legally capable. This research will discuss the validity of agreements made by children who are not yet able to carry out electronic transactions, whether they are considered valid or not, and the legal consequences for children who are not yet able to carry out e-commerce transactions. The purpose of this research is to find out whether minors agreeing can be considered valid in e-commerce transactions. The method used in this research is a literature review that examines and analyzes library materials using a statutory and conceptual approach. The results of this research will show us that the validity of agreements made by children who are not yet legally competent in e-commerce transactions can be considered valid as long as the agreement does not cause harm to the parties.
Contextuality of Negative Confirmation in E-Commerce Sales and Purchase Agreements Jamil, Nury Khoiril; Masitho, Nisa; Utari, Agustine Rossa Diah
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.20080

Abstract

Transactions through digital platforms have become indispensable due to their diverse features. Nevertheless, based on the law of engagement, most e-commerce companies apply standard contracts in transactions. E-commerce typically safeguards consumer rights, including complaints, returns, and ratings. Consumer ratings, particularly in transactions of minimal economic value, do not influence the safeguarding of consumer rights. It is interesting to investigate whether a negative assessment or rating of goods receipt constitutes a default agreement or a reason for the cancellation of the agreement. This research aims to examine the implementation of pacta sunt servanda in sales and purchase agreements within e-commerce and to analyze its implications regarding negative confirmation in contractual relationships. The method used in this research was normative juridical with legislation and a conceptual approach. The results highlight that the principle of pacta sunt servanda in Indonesia is implemented strictly and cannot be intervened by anyone as long as it fulfills legal requirements and does not violate statutory regulations, satisfying legal certainty. The principle of pacta sunt servanda has binding status on the agreement entered into, carried out between sellers and consumers. Nevertheless, it is not based on the assessment given by consumers regarding dissatisfaction with transaction results, in which regulations do not guarantee complete legal protection for consumers for dissatisfaction with transactions through the features provided. Consequently, a substantive approach is needed in assessing agreements. Legal validity and legal certainty of contracts are also necessary, but the value of proportional justice is important.
Efforts to Eradicate Corruption through the Concept of Structural Legal Aid Hidayat, Hidayat
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.20916

Abstract

Corruption is a serious problem in the life of society and the progress of a nation. The impact is detrimental to the community, starting with not being able to enjoy development facilities, hampering economic growth, and so on. Therefore, seeing that this corruption problem has become a deadly virus, a precise concept is needed to solve it. That is through the concept of structural legal aid. The concept calls for community participation to eradicate corruption. In other words, people who are direct victims of corruption can advocate for corruption issues and cases. This concept aims to pick up, grab, and restore the rights of people who have been corrupted. So then, based on this corruption problem, an idea is offered to solve it. This research uses juridical-empirical research with a statute approach, a case approach, and a conceptual approach. Furthermore, to strengthen the ideas in this study, we interviewed people from the LBH-YLBHI Institute, SAHdaR Sumut, and other sources. In addition, this research will be supported by secondary data based on legal literature, documents, and others related to the theme of this research. The result of this research is that structural legal aid is able to eradicate corruption, which makes the community the main actor in eradicating criminal acts of corruption through education, prevention, and prosecution.
Disparity in Sentencing in Premeditated Murder Crimes to Provide Justice in Indonesia Gulo, Cornelius Dikae Zolohefona; Fahrurrozi, Fahrurrozi; Aviva, Faradistia Nur; Arkanbariq, Anantya Aliyya
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.21629

Abstract

Sentencing disparity is the imposition of different punishments for similar criminal acts without justification. Disparity of punishment is also found in several judges' decisions regarding premeditated murder, for example, Cassation Decision No. 1727 K/PID/2009 and Cassation Decision No. 922 K/Pid/2018. The two verdicts, in principle, addressed the case of premeditated murder; however, they rendered disparate and quite lame sentences for each defendant. This study aims to examine the punishments associated with criminal offenses and the factors causing the disparities in sentencing for premeditated murder in Indonesia. This study constitutes doctrinal legal research that examines secondary data, specifically judicial verdicts and legal statutes about premeditated murder. This study revealed that criminal sanctions were initially designed to inflict suffering on perpetrators who committed crimes. Ultimately, the objective of the sanctions evolved into a mechanism for educating perpetrators to prevent the recurrence of their actions. This study identified factors that cause disparities in sentencing for premeditated murder in Indonesia, precisely the defendant's type of culpability, motives and intentions behind the crime, intrinsic characteristics of the defendant, how the defendant executed the criminal act, and the potential impact of the sentence on the defendant's future. These factors can become sentencing guidelines that can serve as a guide and control for judges in formulating and imposing sentencing verdicts so that the sentencing can provide justice for all parties, both for victims, defendants, and the wider community.
The Effectiveness of Law Enforcement Against Smuggling of Imported Used Clothes: An Analysis Based on Positive Law in Indonesia Ridwan, Salwa Billa Mirza; Azhari, Aidul Fitriciada
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.22074

Abstract

This study examines the legal challenges surrounding the smuggling of imported used clothing in Indonesia, addressing factors such as geographical complexities, resource limitations, organized crime networks, and corruption within law enforcement agencies. The manuscript aims to answer key research questions through an exploration of international legal frameworks, including the United Nations Convention against Transnational Organized Crime and World Trade Organization agreements. The findings emphasized the necessity for enhanced infrastructure, technology, inter-agency cooperation, and anti-corruption measures to improve enforcement effectiveness. Education and international collaboration are proposed as vital strategies to combat cross-border smuggling networks. Ultimately, this research contributes novel insights into legal strategies needed to address the complex challenges of smuggling imported used clothing, ensuring comprehensive and sustainable solutions to safeguard national interests and public safety.
Freedom of Speech for Twitter Users According to the Constitution Amalia, Sukma Fitri; Wijayanti, Septi Nur
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 1 (2025): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i1.17376

Abstract

Freedom of speech is the main pillar of a country with democratic principles. Advancements in science and technology have facilitated the utilization of freedom of expression in two-way communication on social media, particularly on Twitter. Twitter was chosen as a means of communication because it is easier to access and manage information and convey aspirations and ideas. This study aims to examine the constitutional provisions regarding freedom of speech for Twitter users and to identify the challenges related to its enforcement in Indonesia. This legal research employed normative legal research, utilizing the method of inventorying library materials and data processing techniques by selecting primary, secondary, tertiary, and non-legal data, which are systematically arranged to find more actual results. The results indicated that the regulation of freedom of opinion on Twitter needs to be studied further since the sanction setting was only found in Law Number 19 of 2016. The problems that arise in freedom of speech on Twitter include conveying hate speech and cyberbullying, and humiliation and harassment using vulgar words or verbal sexual harassment. There is a need to draft a special regulation on freedom of expression on Twitter, which is expected to become a pillar for regulating freedom of speech on electronic media so that there are no problems or restrictions on expressing opinions.
The Problems of Punishing People Smuggling Perpetrators as a Transnational Organized Crime Network Siahaan, Herbin Marulak; Saragih, Jogi Talar
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 1 (2025): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i1.23442

Abstract

Due to its status as the largest archipelagic nation globally, Indonesia is very susceptible to transnational organized crime, particularly offenses related to smuggling people. To address this issue, the country changed Law Number 9 of 1992 regarding immigration and enacted Law Number 6 of 2011, which makes people smuggling a criminal offense to comply with the United Nations Protocol Against the Smuggling of Migrants by Land, Sea, and Air in 2000, which it had ratified. This study seeks to analyze and contrast law enforcement methods in cases of people smuggling, both prior to and following the enactment of Law No. 6 of 2011. This research employed a doctrinal methodology that falls within the qualitative legal research category. The findings indicate that there is no substantial disparity in law enforcement procedures before and during the implementation of Law No. 6 of 2011. Law enforcement officials encounter difficulties in collecting the necessary evidence to establish crucial aspects of people’s smuggling, such as the pursuit of financial gain by the perpetrator network. The new immigration law has not yet enabled law enforcement against people smugglers to be more effective.
Blue Justice to Counter Threats on Ocean Health Isnurwanto, Iwan; Rafiqi, Ilham Dwi
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 1 (2025): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i1.23454

Abstract

Issues of ocean health have become serious threats due to the possibility of damage and quality deflation in Indonesian oceans. From a national defense Fatohoint of view, issues of Indonesian ocean health can fall into national vulnerability and caution. This paper, furthermore, aims to describe and draw justification for the urgency of values and implementation of blue justice to counter ocean health. Normative legal research was applied by means of qualitative analysis of legislation and conceptual variables. According to the research, threats to ocean health could have negative impacts on marine ecosystems, leading to defects in national economic, socio-cultural, defensive, and security systems. In response to the threats to ocean health, littoral societies, thus far, took part in minimum roles, and their existence was unheeded. To tackle the current problem, blue justice is presented, paying attention not only to ecological sustainability in its practice but also to a strong emphasis on social justice that includes relevant parties involved in the management of oceans. It must include littoral societies and fishermen as their lives are strongly dependent on marine resources, which is already and clearly defined in the legislation. In the implementation of blue justice, governments need simultaneous strategies with systematical, integrated, and sustainable efforts, especially in the prevention of any threats to ocean health. Implementing blue justice properly can lead the nation to a blue economy and ensure that oceans are well-protected for the next generation.
Problematics of Individual Company as Legal Entity in Terms of Indonesian Omnibus Law on Job Creation Law Pratama, Andistya; Hapsari, Dwi Ratna Indri; Harahap, Rahmi Fuji Astuti
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 1 (2025): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i1.24181

Abstract

The introduction of Individual Companies, which can be established by a single individual, aims to streamline company management and legal recognition while enhancing Indonesia's investment climate. This study seeks to address two critical questions: How is the concept of an individual legal entity regulated under the Job Creation Law? And what is the legal position of the General Meeting of Shareholders (GMS) in a sole proprietorship that constitutes an individual legal entity? Employing a normative or doctrinal legal research approach with a regulatory focus, this study revealed that the concept of an Individual Company aligned with institutional theory. Both agreement and institutional theories were applied in managing such companies. The study further highlighted that GMS decisions in an Individual Company were executed as shareholder resolutions, which carried the same legal weight as GMS decisions in traditional companies, while the role of commissioners was effectively eliminated.
Evaluation of Legal Protection for Women and Children’s Victims of Violence by the Bengkulu City Office of Women's Empowerment and Child Protection Meilisa, Meilisa; Fitri, Sherly Nelsa
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 1 (2025): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i1.24339

Abstract

The issue of violence against women and children represents a significant human rights violation that persists as a pervasive challenge in Bengkulu City. The objective of this research is to evaluate the implementation of legal protection for women and children’s victims of violence by the P3AP2KB Office of Bengkulu City. The research method employed is normative legal research, utilizing a combination of statutory, conceptual, and theoretical approaches. The findings indicate that the P3AP2KB Office has implemented a range of legal protection initiatives, encompassing both preventive and repressive measures. These have been achieved through the provision of legal, psychological, and medical services, as well as through the strengthening of public awareness through the Gelang Peti program. Nevertheless, several challenges persist, including social stigma, limited resources, and a lack of coordination between agencies. To ensure the sustainability of legal protection for victims of violence, it is essential to strengthen resources, enhance community education, and foster institutional synergy.

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