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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 92 Documents
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From Collusion to Corruption: How Indonesian Law Fights Back in Procurement Conspiracy Anggriawan, Rizaldy
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.v6i1.24577

Abstract

Government procurement of goods and services is one of the largest sectors in the state budgets, but it is vulnerable to corrupt practices. Based on data from Indonesia Corruption Watch (ICW), in 2017, there were 84 cases of corruption in the procurement of goods and services that caused state losses of IDR 1.02 trillion. This study aims to answer several main questions: what are the forms and indicators of collusion in government procurement of goods and services? How does the existing legal framework regulate and handle such collusive practices? Moreover, what legal sanctions are applied to perpetrators of violations? Using a normative method that examines related laws and regulations, this study uncovered that collusion in procurement occurs in three main forms: horizontal, vertical, and combined collusion. This study also reviews the role of the legal framework, including Law No. 5 of 1999 and Law No. 20 of 2001, which aims to create transparency and fair competition. The results of the study revealed that collusion in the procurement of goods and services violates the principles of fairness and transparency and suggests the need to strengthen regulations and supervision, including the active role of the Business Competition Supervisory Commission and the Corruption Eradication Commission. This synergy is expected to eradicate monopolistic practices and corruption while supporting clean and competitive governance.
Protection of Inheritance Rights for Balinese Men Who Convert to Another Religion Sadewa, M.Ilham Akbar; Anugrah, Afrian; Lestari, Ahdiana Yuni
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 2 (2025): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i2.21046

Abstract

This study discussed how legal protection guarantees the inheritance rights of Balinese men who convert. The research method used a normative legal approach by utilizing primary, secondary, and tertiary legal materials. The research materials were analyzed prescriptively. The study shows that according to Balinese custom, a man will be recognized as an heir and has the right to receive inheritance if he has the same religion as the testator, such as Hinduism. Legally, a child who apostatizes from his religion, in this case, leaving the Balinese or Hindu religion, remains an heir. Article 830 of the Civil Code states that inheritance occurs due to death, and Article 838 of the Civil Code emphasizes that heirs are those who have legitimate blood relations. In essence, according to the Civil Code, inheritance can be given to heirs even though they have a different religion from the testator or even though the heir no longer follows customary law or his religion. Thus, the state provides a guarantee that Balinese men who have a different religion from the testator will still receive protection to receive a share of the inheritance according to the Civil Code.
The Fragility of Meaningful Law Enforcement in Indonesia Viewed from A Progressive Law Perspective Agahirber; Sunarso; Irwan
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 2 (2025): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i2.25262

Abstract

Through a holistic approach to the conceptualization of progressive law, this research aims to analyze and provide a comprehensive view of the fragile meaning of law in Indonesia after the MKMK decision Number 2/MKMK/L/11/2023 as viewed from progressive law. This research is normative or dogmatic legal research which refers to two data sources: primary and secondary. The primary source refers to MKMK Decision Number 2/MKMK/L/11/2023. Furthermore, secondary sources include law books, law research results, and the views of experts, especially the Progressive Law paradigm by Prof. Satjipto Rahardjo. The research results show that MKMK Decision Number 02/MKMK/L/11/2023 marks the point of fragility of the meaning of law in Indonesia based on violations of the Constitutional Court Judge's Code of Ethics and Behavior by Anwar Usman as Chief Judge of the Constitutional Court at the time of ratification of Constitutional Court Decision Number 90/PUU -XXI/2023 which is full of personal interests. The “nemo judex in causa sua” principle in law indicates that a judge cannot handle cases involving his interest. That is important to revitalize the meaning of law by promoting progressive law that prioritizes morality to minimize ethical defects in the rule of law in the future.
Development Law Politics in Village Authority Related to Spatial Planning in Indonesian Gunawan, Agus; Animuntaha, Fadhila
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 2 (2025): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i2.25471

Abstract

Development law significantly influences the direction of village management policies and the regulation of authority, particularly within the realm of spatial planning. Lacking an effective spatial plan hinders the optimization of regulations for sustainable development in villages, leads to conflicting regulations, and impedes local community involvement in harnessing their natural resource potential. This research employs a normative legal methodology grounded in specific methods and systematic thinking, intending to examine a phenomenon of legal issues through a sociolegal lens. The findings of the political and legal study consider village autonomy as a cohesive legal entity within a region that possesses the power to establish its administration, develop regional plans, and manage natural resources for the advantage of local populations, adhering to the principle of decentralization. The idea of village autonomy refers to the capability and initiative of the village community to independently organize and oversee the village’s potential, demonstrating its existence as a quality and self-sufficient community unit. Law Number 3 of 2024 governs the political and legal dimensions of development, assigning a strategic role to villages in executing spatial management development. Based on this law, the transparency of village authority promotes community involvement in the village spatial planning process. However, this law also has positive and negative impacts. On the one hand, it will improve the village economy because the community can manage and run their businesses independently and legally. However, the crucial implication is the loss of local community rights due to unclear derivative regulations.
Implementation of Regency Regulation No. 8 of 2016 on Smoke-Free Areas: A Case Study in West Bangka Regency Destineni; Sukrisno, Wijayono Hadi
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 2 (2025): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i2.25547

Abstract

The implementation of West Bangka Regency Regulation No. 8 of 2016 concerning Non-Smoking Areas (NSA) in government office environments has faced significant challenges. Despite its intention to create a healthier workplace, data from 2023 shows that 30% of government employees still smoke in designated NSA zones. This research aims to analyze the effectiveness of this regulation and provide actionable recommendations to bridge policy gaps and enhance compliance. Using a socio-legal approach with Friedman's legal system theory, data collection involved literature reviews and in-depth interviews with key stakeholders such as law enforcement officers, supervisors, and employees. Results indicate that weak enforcement mechanisms, cultural resistance, insufficient resources, and inadequate sanctions have hindered compliance. This study highlights the interdependence of the legal system between legal structure, legal substance, and legal culture in interacting with each other. Key findings include a lack of consistent law enforcement by the civil service police unit, limited smoking cessation infrastructure, and deeply rooted smoking habits among staff. Efforts to improve must focus on integrated strategies: robust public education, sustained awareness campaigns, and stakeholder collaboration. Conclusions underscore the necessity for stronger leadership commitment and holistic approaches to promote a smoke-free culture in government offices.
A Look at Women's Representation in Indonesia After the 2019 Election Mardiah, Adinda Rabiki; Nurwijayanti, Septi
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 2 (2025): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i2.25635

Abstract

Women's representation in parliament certainly has an important role. As users of regulations, women also have the same political rights as men. Women's representation has a critical role in increasing community welfare because women, such as problems regarding reproductive health and violence, better understand various issues. However, women's representation in Indonesia, unfortunately, has not reached 30% of the total parliamentarians. Affirmative action in Indonesian politics has been carried out since the 2009 election. Unfortunately, until the 2019 election, women's representation in parliament only reached 21%. The aims of this research is to investigate the post-reform elections and women's representation in parliament after the 2019 elections developed. This research uses normative juridical research that will analyze regulations regarding elections, accompanied by secondary data. The initial result of this study is that the lack of women's representation in Indonesia is caused by various factors, such as political parties' understanding of women's representation as an administrative requirement only and patriarchal culture that is too deeply rooted in Indonesian society that contributes to hindering women's representation in parliament.
Criminal Limitations on Diversion of Children Against the Law Based on the Juvenile Criminal Justice System from a Comparative Perspective Ananta, Ahmad Rizal Roby; Wicaksono, Demas Brian; Berliansyah, Devi Tri; Lestari, Dewi
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 2 (2025): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i2.26234

Abstract

This research explores the protection of children’s rights within the criminal justice system, with a particular focus on the legal constraints surrounding the use of diversion for children in conflict with the law (ABH), as regulated by Law Number 11 of 2012 on the Juvenile Criminal Justice System (SPPA). While the Indonesian Constitution and international legal frameworks—such as the Convention on the Rights of the Child (CRC), ratified through Presidential Decree Number 36 of 1990—guarantee these rights, challenges persist in their implementation, especially during legal proceedings. The study employs a normative legal method, incorporating comparative and conceptual approaches, by examining how Indonesia’s diversion system compares with Finland’s and Sweden’s. The findings indicated that despite Indonesia’s adoption of restorative justice principles in the  Sistem Peradilan Pidana Anak (CJSC), the practical application of diversion remains hindered by several factors. These include a lack of understanding among legal practitioners, inadequate rehabilitation facilities, and limited victim involvement in resolving cases. Furthermore, the restriction of diversion to crimes carrying sentences of less than seven years fails to fully uphold the principle of prioritizing the child’s best interests. While earlier research has analyzed diversion in terms of recidivism rates and law enforcement implementation, this study emphasizes the principle of non-discrimination within Indonesia’s juvenile justice system. As a result, the study advocates for more comprehensive policy reforms to broaden the scope of diversion, better align with restorative justice principles, and ensure stronger protection for children entangled in legal conflicts.
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.

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