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Jurnal Idea Hukum
Published by Universitas Jenderal Soedirman
ISSN : 24427454     EISSN : 24427241     DOI : http://dx.doi.org/10.20884/1.jih.2020.6.2.154
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus of JIH is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Environmental Law,and etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 198 Documents
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Concept and Legal Status of Underhand Marriages According to Indonesian National Law Jamil, Jamil
Jurnal Idea Hukum Vol 10, No 2 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.2.532

Abstract

Marriage is a means for humans to improve the quality and quantity of their lives. Thus, humans are very dependent on the institution of marriage, including the Indonesian people. Therefore, it is appropriate for the Indonesian people to protect it by placing its regulation in the 1945 Constitution. As a result, in addition to every citizen being guaranteed the right by the state to form a family through marriage, the state is also responsible for protecting the institution of marriage. However, this does not mean marriage can be conducted without discrimination due to various factors. As a result, it has encouraged many Indonesians to perform marriages outside the procedure such as underhand marriages. There are two problems in this study: 1) What is the concept of underhand marriage according to Indonesian national law? 2) What is the legal status of underhand marriage according to Indonesian national law? To discuss the two problems, a normative type of legal research is used, with secondary data sourced from library materials in the field of marriage law, while to obtain data the document study method is used, and data processing with the method of systematization. As for the approach, a statutory approach is used. The results and findings of this study are: that underhand marriages that have fulfilled certain pillars and conditions that have been determined in their respective religious laws are valid (legal) according to Indonesian national law. From these findings, the author concludes that;  1) An underhand marriage is a marriage between a man and a woman, which fulfills the pillars and conditions stipulated in their respective religious laws and laws and regulations, but is not recorded at the government agency authorized to do so; 2) The legal status of underhand marriage, seen from Indonesian national law, is a legal institution (legal) according to Indonesian national law. Suggestions that can be given by the author are: that if 1) It is important to socialize the concept of underhand marriage to the community so that they understand the pillars and conditions, so that they do not consider it equivalent to an unofficial relationship (kumpul kebo), 2) It is necessary to improve marriage regulations, especially Law No. 1 of 1974. The government's 2019 efforts that only focus on the marriage age limit are inadequate; the practice of underhand marriage also needs attention. If revision is difficult, the government must educate the public about Supreme Court Jurisprudence No. 57 K/Pdt/2005, which states that couples without a marriage certificate are still considered husband and wife if they are registered on one family card.
Doxing in Cyberspace Based on Law No. 27 of 2022 on Personal Data Protection Wahyudi, Endik; Adilah, Daffa
Jurnal Idea Hukum Vol 10, No 2 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.2.550

Abstract

One of the negative impacts of technological advancement is the rise of cybercrimes, including doxing. Doxing refers to the act of publicly disclosing someone's data online without permission, with the intention to intimidate or damage their reputation. To address this issue, Law No. 27 of 2022 on Personal Data Protection was enacted, although the law still has gaps, particularly in relation to doxing acts. This study aims to examine how doxing is regulated under this law and the sanctions imposed. The method used in this study is a normative juridical approach and the Statute Approach. The results show that Law No. 27 of 2022 on Personal Data Protection can effectively handle the unlawful collection and disclosure of personal data. However, it is still inadequate in addressing the malicious intent behind doxing itself. The lack of this element creates a legal gap in the law, as judges may have to rely on legal interpretation principles. However, this approach must be balanced with the principle of legality, which requires that laws be unambiguous to avoid arbitrary punishment. Another area for improvement in the law is the absence of a minimum penalty for violators. Although the law stipulates a maximum penalty, more than a specific minimum penalty is needed to allow for a wide range of sentences, which may lead to inconsistencies in sentencing. By incorporating a specific minimum penalty, the law could provide more effective deterrence, ensure consistent punishment, and restore a sense of justice for victims and society.Keywords: cyberspace; doxing; personal data protection
Optimizing the implementation of restorative justice in the settlement of criminal acts in Indonesia Kandi, Sri; Dinata, Muhammad Ruhly Kesuma; Edrisy, Ibrahim Fikma
Jurnal Idea Hukum Vol 11, No 1 (2025): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2025.11.1.607

Abstract

Within the criminal court system, restorative justice is a method that emphasizes the improvement of relationships between offenders, victims affected by criminal acts and community involvement in achieving more humane justice. In Indonesia, this idea has been accommodated in various legal policies, but its implementation still faces obstacles, such as regulatory disharmony, lack of understanding of law enforcement officials, and limited community support. Therefore, this article will focus on issues regarding the concept of restorative justice in Indonesia, its legal basis and regulatory policies, the effectiveness of implementation in the perspective of the office of the prosecutor, and strategies to optimize its application.using a statutory and conceptual perspective, normative juridical research methodology is employed. Data was obtained from scientific journals through Google Scholar as well as news from trusted websites such as CNN Indonesia, and Hukum Online. In addition, relevant laws and regulations, such as regulation of the supreme court and the criminal code, and Regulations regarding the office of the attorney general of the republic of indonesia, were systematically reviewed however, official sources. The results showed that from 2020-2023 optimizing the  application of restorative justice experienced a significant increase with 4,443 cases resolved and 111 rehabilitation centers established. Although implemented since 2020 there are still challenges in its implementation. Therefore, the optimization it is necessary for restorative justice to be supported by harmonizing regulations, increasing the capacity of law enforcement officials, and educating the public so that its implementation is more effective in Indonesia’s criminal justice sytem.
The Role of the Ministry of Human Rights in Combating Radicalism againts Students Nita, Age Tiara; Kartika, Sherina Dwi; Ambarini, Nur Sulistyo Budi
Jurnal Idea Hukum Vol 11, No 1 (2025): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2025.11.1.451

Abstract

Radicalism poses a serious threat to state integrity and democracy. In Indonesia, it has increasingly affected the younger generation, including students. A human rights approach is crucial in fostering public understanding of tolerance and Pancasila as the foundation of state ideology. To counter radicalization effectively, collaboration between the government, educational institutions, and society is essential. One key institution in this effort is the Ministry of Human Rights, which plays a role in promoting legal awareness and human rights education. This study aims to examine its role in countering radicalism among students. Using a normative legal research method through literature and legal document analysis, this study explores how government policies address radicalization in educational environments. Findings indicate that preventing violence, intolerance, and terrorism requires a comprehensive strategy that integrates legal, educational, and social approaches. While a human rights perspective is vital, it must be supported by concrete actions, including legal education programs, student engagement initiatives, and policy reforms. The government must ensure that human rights protection is not merely conceptual but has real impacts on students and society. The Ministry of Human Rights can strengthen its role by developing collaborative programs with universities and civil society, integrating human rights education into curricula, and ensuring policies that safeguard students from radical influences. Through these efforts, radicalism can be countered effectively while upholding democratic values and national unity. Keywords: Basic; Rights; Radicalism; Students.
How Far Could Someone Talk on Someone Else’s Religion (Case Study of Yahya Waloni) Donandi S, Sujana
Jurnal Idea Hukum Vol 11, No 1 (2025): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2025.11.1.587

Abstract

The problem in this article is: how far could someone speaking on the other religion believes in Indonesia? The study roles in giving identification on limitation for anyone who would to speak on the believes of other’s religion. The article is a Normative Legal Study discussed through a case study, by the case of Yahya Waloni who is accused for hate speech or blasphemy for claiming the bible is fake. The finding shows that anyone is free to talk on someone else’s religion with the content that is against the believes of the other religion, only as long as the one can prevent the speaking to be spread out to be accessed by the believers of the related religion. If the speaking is spread out, and the other religion believers consider it as an offense and blasphemy, then the speaker should be sentenced for the negligence to prevent the spread out. Keywords: Freedom of speech, Religion, Muhammad Yahya Waloni
Administrative Violations And Legal Disputes In The Management Of Bengkok Land By The Village Government Fajri, Naura Nurul; Azizah, Aulia Nur; Pamungkas, Andhika Ivan Putra
Jurnal Idea Hukum Vol 11, No 1 (2025): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2025.11.1.617

Abstract

Land bengkok is land that is controlled by the state and can be utilized by those who want to devote themselves as administrators in a village as a form of appreciation. The bengkok land is managed by the village head, village secretary, and village officials. However, in its management, it often causes conflicts related to the right to use and land ownership. This research examines the management of bengkok land related to the village head's decree on the contract of bengkok land that exceeds his term of office. The purpose of this study is to determine the juridical review of the village head's decision on the contract of bengkok land based on Pemendagri No. 1 of 2016 and Paremono village regulations related to village assets. The method used in this research is a qualitative empirical research method, which is carried out by means of interpretation of legal materials that have been collected and reinforced by direct statements from village officials (community). The results of this study conclude that one of the village assets is a village asset whose management needs juridical protection, the village head concerned meets the elements of a state administrative dispute based on Article 12 Permendagri Number 1 of 2016 concerning the management of village assets which exceeds the length of the lease while the maximum rental limit is 3 years and Article 10.
Effectiveness of Restitution Implementation through Consignation (Case Study: Wates, Sleman, and Karanganyar District Courts) Utami, Maria Prehatiningsih
Jurnal Idea Hukum Vol 11, No 1 (2025): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2025.11.1.320

Abstract

The implementation of restitution can be carried out by the defendant through the prosecutor or by the defendant through the prosecutor by involving the LPSK. Based on various mechanisms, in fact it is unable to guarantee payment of restitution by the perpetrators. Facing this phenomenon, the prosecutor approached the perpetrator so that the restitution was paid. Based on this approach, the defendant can pay restitution during the trial process. The restitution money is consigned and handed over to the victim after the decision is final and binding. After being analyzed using the legal effectiveness theory of Donald Black and Anthony Allot, it was found that restitution consignments made prior to prosecution were effective. However, there is no technical uniformity in the implementation of the restitution consignment. Moreover, its implementation is also influenced by social factors. Based on the analysis with the theory of the legal system, it was found that there were obstacles in the aspects of legal structure, legal substance and legal culture. This research is a sociological legal research with a qualitative research type. The primary data of this research are the results of interviews conducted with informants who handle restitution cases at the Karanganyar District Court, Wates District Court and Sleman District Court. Secondary data in the form of primary, secondary and tertiary legal materials are obtained through literature studies. Further research data are presented in the form of narrative descriptions with inductive thinking logic. This research provides recommendations for the formation of regulations regarding the technicalities of restitution consignment including institutions that receive deposits, the amount of payment, the time of deposit and the time of submission of restitution money. Keywords: consignment;; effectiveness; restitution
Comparative Study Application of Amicus curiae (Friends of The Court) In Criminal Courts In Indonesia and The United States Ghiffary, Hafidz Akbar; Umami, Lisa
Jurnal Idea Hukum Vol 11, No 2 (2025)
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2025.11.2.628

Abstract

Amicus Curiae (friend of the court) refers to a third party, not directly involved in litigation, who voluntarily offers legal opinions or insights relevant to a case in order to assist the court in its deliberations. This practice has long been recognized and systematically regulated in common law jurisdictions, particularly in the United States. In contrast, Indonesia—operating under a civil law system—has begun to incorporate the use of Amicus Curiae in several criminal cases, despite the absence of formal and standardized procedural rules. This legal study aims to analyze the application of Amicus Curiae in the Indonesian context and to compare its implementation in the criminal justice systems of Indonesia and the United States. Employing a normative and comparative juridical approach, this research is grounded in normative legal methodology and relies primarily on secondary data obtained through comprehensive literature review and presented systematically. The study identifies two key findings: first, although Indonesia lacks explicit legal provisions regulating Amicus Curiae, its application has been permitted in certain criminal cases based on the authority granted under Article 5(1) of Law No. 48 of 2009 on Judicial Power; second, in contrast to the United States, Indonesia does not possess a codified framework that clearly governs the submission and evaluation of Amicus Curiae briefs. In light of these findings, this paper argues for the urgent need to develop standardized legal guidelines for Amicus Curiae in Indonesia, in order to ensure consistency, transparency, and legal certainty within the criminal justice process. Keywords: Amicus Curiae; Civil Law System; Common Law System.

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