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INDONESIA
JOURNAL of LEGAL RESEARCH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 27157172     EISSN : 27157164     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 324 Documents
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Penggunaan Strict Liability Dalam Pertanggungjawaban Secara Perdata Pada Sengketa KLHK Melawan PT. Waringin Agro Jaya Kurniawan, Denis
JOURNAL of LEGAL RESEARCH Vol. 6 No. 1 (2024)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v6i1.39129

Abstract

The right to access a good and healthy environment is a right for all citizens guaranteed by the 1945 Constitution. The right to obtain a good and healthy environment is not only limited by the rights of the current generation but also a right that future generations can feel with pro-environment sustainable development. The state's right to sue the central government through the Ministry of Environment and Forestry is an effort to protect the environment from polluters and/or environmental destroyers, one of which is filing a civil lawsuit. This research is a normative or doctrinal legal research with a statute, conceptual, and case approach. This study concludes that the legal liability carried out by PT Waringin Agro Jaya can be justified based on strict liability because, in principle, strict liability is a liability without fault in every business or activity categorized as Abnormally Dangerous Activity.
Konstruksi Hukum Pembuktian Penuntut Umum Terhadap Sonny Widjaja Dalam Kasus Korupsi PT. ASABRI Fadila, Jihan; Alfitra, Alfitra
JOURNAL of LEGAL RESEARCH Vol. 6 No. 1 (2024)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v6i1.40666

Abstract

Evidence is crucial to the criminal process, especially in corruption cases. This study analyzes the strength of the evidence presented by the Public Prosecutor in the corruption case of the reconstruction of investment funds of PT. ASABRI with Sonny Widjaja's response. The focus of this study is to assess the extent to which the evidence meets the elements of a crime as regulated in Article 2, paragraph (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. This study uses a normative method with a statutory regulatory approach and a case approach. The study results indicate that the Public Prosecutor proved the elements unlawful, enriching oneself or others and causing losses to state finances with a loss value of Rp22.78 trillion. The evidence was carried out through five main pieces of evidence, namely witness statements, expert statements, letters, statements from prostitutes, and clues, including electronic evidence. The Panel of Judges accepted the evidence and declared the perpetrator guilty based on the primary charge, thus imposing a prison sentence of 18 years and a fine of Rp750 million. This study confirms that a strong evidentiary strategy by the Public Prosecutor plays an essential role in shaping the judge's conviction and upholding justice in large-scale corruption cases.
Perlindungan Anak Dalam Penyelesaian Perkara Harta Bersama Dengan Objek Rumah Tempat Tinggal Anak (Studi Putusan Mahkamah Agung No. 61 K/AG/2025) Muhammad Adiaat; Andhani Novita Putri
JOURNAL of LEGAL RESEARCH Vol. 8 No. 1 (2026)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v8i1.50112

Abstract

Disputes over joint property following divorce frequently generate complex issues, particularly when the disputed object constitutes the primary residence of minor children. This research examines the resolution process of joint property division cases in Religious Courts and judicial considerations in providing protection to children, specifically through analysis of Supreme Court Decision Number 61 K/AG/2025. The research employs a normative juridical approach by analyzing relevant legislation and court decisions. Findings indicate that the joint property case resolution process encompasses stages from filing suit, trial proceedings with mediation attempts, evidence presentation, through execution of judgments. In the examined case, significant differences emerged between the legalistic considerations of Religious Court and Religious High Court judges versus the Supreme Court 2019 emphasis on justice and benefit principles. This research provides important contributions to judicial practice in balancing parental rights with child protection rights in joint property cases.
Optimalisasi Perlindungan Animal Welfare Right Dalam Kebun Binatang Dari Eksploitasi Sirkus Hewan Sebagai Upaya Mewujudkan Ekokrasi Juanita Bil Atia; Ira Rahayu Ningsih; Wahyu Indra Triyadi; Ledy Zahra Rezeky
JOURNAL of LEGAL RESEARCH Vol. 8 No. 1 (2026)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i2.50114

Abstract

The zoo is an area that has the main function as a conservation institution to preserve animal diversity amidst the threat of extinction. In practice, conservation efforts at zoos are problematic because based on investigative findings that around 90% of zoos are uninhabitable and it is exacerbated by the phenomenon of circus animal attractions. Based on these problems, writers conducted this research to identify cases of protection of animal welfare rights in zoos due to norms that have not provided legal certainty so that they are used for animal exploitation. As for the research method that used is normative juridical with statute approach, case approach, and conceptual approach. The results of this research show that there are still conservation institutions, especially garden animals, which use animals as objects of exploitation through the enchantment of animal circuses to gain unilateral benefits. In fact, animal circus attractions are a form of improper treatment of animals which violates the ethics of animal welfare and the green constitution which is the fundamental value of animals as part of the environment. Therefore, it is necessary to revise and make the legal substance effective regarding protected wild animal attractions with the core of the policy focusing more on considering ecocracy-based animal welfare values, as well as prohibiting animal attractions that have fatal consequences for animals used as circus objects.
Sita Harta Suami Sebagai Jaminan Nafkah Anak Pasca Cerai: Perspektif Maqasid al-Syari’ah dan Perlindungan Anak Ulfa Fauziah Hidayati; Mesraini; Rosdiana
JOURNAL of LEGAL RESEARCH Vol. 8 No. 1 (2026)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v8i1.50391

Abstract

This study analyzes the mechanism of asset seizure against ex-husbands as a guarantee for child maintenance after divorce under Supreme Court Circular Letter (SEMA) No. 5 of 2021 and examines it from the perspective of Maqasid al-Syari’ah. The research employs a normative-empirical method by analyzing relevant statutory regulations and empirical data obtained through in-depth interviews with judges at Religious Courts in the Special Capital Region of Jakarta. The location was selected due to its high divorce rate and socio-economic complexity, which represent national legal practices. The findings reveal that asset seizure functions as an ultimum remedium when child maintenance obligations are not voluntarily fulfilled after a final court decision. However, its implementation remains limited due to low legal awareness among former wives and technical obstacles in asset identification and execution.
Tanggung Jawab Shopee Atas Pelanggaran Hak Cipta Fotografi yang Dilakukan Oleh Kick Avenue dengan Goodshoes Ayu Fitri Fadilah; Nahrowi; Hendra Pertaminawati
JOURNAL of LEGAL RESEARCH Vol. 8 No. 1 (2026)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v8i1.50621

Abstract

The main problem in this study is that the element of consumer protection for business actors who do not have a valid license has not been fulfilled by listing photographic works that are not in accordance with the quality of the goods, so that it can be qualified as a violation of photographic copyright and cause losses for consumers in online buying and selling transactions on Shopee. This study aims to find out the protection efforts for aggrieved parties based on the Copyright Law and the Electronic Information and Transaction Law, as well as analyze the legal protection of consumers in online buying and selling transactions on the Shopee platform based on Article 4 paragraph (3) of the Consumer Protection Law. This research employs a normative-empirical legal research method with a qualitative approach, which involves analyzing statutory provisions as the primary basis for the study, combined with an examination of their application in the Kick Avenue and Goodshoes cases through the statute approach and the case approach. The results of the study show that consumers are harmed by merchants on Shopee who use product photos that have the potential to violate photographic copyright and sell goods of different quality from official merchants. Consumers have the right to receive products according to the photo listed, business actors are responsible for losses under the Consumer Protection Law, and Shopee is responsible for supervising and taking action against violations.
Batasan Yuridis Pengecualian Pidana Pengkajian Paham Komunisme/Marxisme-Leninisme Untuk Kepentingan Ilmu Pengetahuan Dalam KUHP Baru Fathurrohman, Ahmad Fadli; Nur Rohim Yunus
JOURNAL of LEGAL RESEARCH Vol. 8 No. 1 (2026)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v8i1.50662

Abstract

The amendment to the Criminal Code  is a significant phenomenon in the dynamics of criminal law in Indonesia. The amendment to the law has led to updates and even created new articles for various criminal acts in Indonesia. One of the new articles that emerged in the amendment is the emergence of an article prohibiting the spread of Communism/Marxism-Leninism in Indonesia in articles 188-189, but on the other hand, Article 188 paragraph 6 contains an exception (Criminal Exception) to study these ideologies for scientific purposes. From this, this study aims to discuss the legal limitations of the study of these ideologies in the scientific sphere so that they are not misused by related parties. This study concludes that the limitation on the permissibility of studying Communism/Marxism-Leninism for scientific purposes is as long as the activity does not include the dissemination or propaganda of these ideologies.
Hak-Hak Narapidana dan Implementasi e-Grasi Pasca Permenkumham Nomor 26 Tahun 2023: Studi Normatif dan Empiris di Lapas Kelas I Cirebon Ananda Zhafir Assakhawi; Kamarusdiana
JOURNAL of LEGAL RESEARCH Vol. 8 No. 1 (2026)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v8i1.50766

Abstract

This study examines the status of prisoners' rights in applying for clemency following the enactment of Minister of Law and Human Rights Regulation Number 26 of 2023, which introduced e-Clemency as an electronic-based clemency application system. This study begins with the question of whether the digitalization of clemency services truly expands access to justice for prisoners or creates new obstacles due to limited access, infrastructure, and digital literacy within correctional institutions. This research was conducted using a qualitative approach that combines normative, legal, and empirical studies based on materials contained in the source thesis. The results of the discussion indicate that e-Clemency is a normatively important innovation that aligns with the function of correctional institutions. However, its effectiveness remains dependent on the readiness of facilities, coordination between agencies, and the protection of prisoners' rights as human rights subjects. Therefore, the implementation of e-Clemency needs to be accompanied by strengthening infrastructure, socialization, and supervision to ensure the principles of justice, non-discrimination, and legal certainty are maintained.
Pemenuhan Unsur Kepentingan Umum dan Dampaknya Terhadap Hak Masyarakat Dalam Pembangunan Bandara YIA Kulon Progo Neti Hasiah; Stephanie Tiara Christina; Tsabita Husna Fauziah; Tsabita Zukhrufi Islamiya
JOURNAL of LEGAL RESEARCH Vol. 7 No. 2 (2025)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i2.49288

Abstract

The development of Yogyakarta International Airport (YIA) in Kulon Progo Regency is a National Strategic Project aimed at promoting economic growth and improving the quality of public infrastructure. However, the land acquisition process for this development has triggered significant social conflicts at the local community level. This study analyzes the fulfillment of the public interest criterion in the YIA project, its impact on the protection of the rights of affected communities, and the dynamics of agrarian conflict that emerged, using a socio-legal approach. The findings indicate that although, normatively, the development of YIA complies with the provisions of Law Number 2 of 2012 on Land Acquisition for Development in the Public Interest, its implementation has not fully aligned with the principles of justice, humanity, and participation. The limited involvement of communities in decision-making processes, discrepancies in compensation mechanisms, and the use of consignment as a dispute resolution instrument have contributed to polarization between community groups that support and oppose the project. Agrarian conflicts have been further exacerbated by inconsistencies in spatial planning policies and the loss of residents’ agrarian livelihoods, reflecting unequal power relations between the state and society as explained in Marx’s conflict theory and the concept of agrarian dispossession. This study emphasizes the importance of transparency, fair compensation, and inclusive public participation to ensure that infrastructure development does not generate structural injustice and that its benefits are distributed equitably.  
Telaah Pengkajian Qanun Aceh Nomor 6 Tahun 2014 Dalam Penanganan Kasus Kekerasan Seksual Di Indonesia (Tinjauan Aspek Konseptual Dan Politik Hukum) Fitha Ayun Lutvia Nitha
JOURNAL of LEGAL RESEARCH Vol. 7 No. 2 (2025)
Publisher : UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v7i2.49930

Abstract

This article examines the effectiveness of Aceh Qanun Number 6 of 2014 on Jinayat Law in addressing sexual violence cases by focusing on its conceptual framework and legal-political orientation. Using a qualitative method with statute and conceptual approaches, this study analyzes the structure of criminal sanctions under the Qanun, its position within Indonesia’s plural legal system, and its implementation in the context of Aceh’s asymmetric decentralization. The study finds that although the Jinayat Qanun reflects a strong political will to institutionalize Islamic criminal law as a form of regional legal identity, its effectiveness in reducing sexual violence remains limited. This limitation is evident in the predominance of retributive punishment, such as caning and imprisonment, without adequate integration of victim protection mechanisms, restitution, and perpetrator rehabilitation. By situating the Qanun within broader debates on legal politics and criminal justice policy, this research demonstrates that punitive approaches alone are insufficient to address the complex social realities of sexual violence. The novelty of this article lies in its evaluative argument that the Jinayat Qanun represents a legal-political model of punishment that prioritizes symbolic deterrence over substantive justice for victims.

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