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Diky Dikrurahman
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Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon
Published by Universitas Swadaya Gunung Jati
ISSN : 20891911     EISSN : 27234525     DOI : https://doi.org/10.33603/responsif.v16i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Responsif Law Journal is a method of interpretation that involves various important factors (not just reviewing the text of legal products) but also involves knowledge of historical background, culture, anthropology and psychology to bring back the nuances of a scientific text. Hermeneutics is also a humanities science that is universal as a result of reflection in all conditions of understanding. The scope of articles published in this journal covers a wide range of topics, including: Criminal law; Civil law; Constitutional law; State administrative law; International law; Development society law; Islamic law; Business law; Procedural law; and Human rights.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 169 Documents
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JOB CREATION LAW AND ITS IMPACT ON THE ENVIRONMENT AND WORKERS' RIGHTS: A DESCRIPTIVE STUDY Suryaningsi, Suryaningsi; Wulandari, Melda Nur; Hafida, Khoirunisa; Nila, Nila; Aditiyawan, Haris Rizky
Hukum Responsif Vol 16 No 2 (2025): Vol 16 No 2 August 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i2.10769

Abstract

Law Number 11 of 2020 concerning Job Creation is presented as a solution to accelerate national economic growth by simplifying regulations. However, this policy caused controversy because it was perceived as compromising environmental protection and undermining workers' rights. This study aims to systematically describe the impacts of these regulations on two crucial aspects: the environment and employment. Using a qualitative descriptive method, the study's results show that the Job Creation Law leads to the easing of environmental regulations and increased labor flexibility, which has the potential to harm workers. The discussion centered on analyzing policy consequences and the importance of striking a balance between economic development and ecological and social justice.
NAME CHANGE PROCEDURE IN THE MAJALENGKA DISTRICT COURT SYSTEM CLASS II B: A REVIEW OF CIVIL PROCEDURE LAW Priatna, Muh. Rizki; Praja, Angga Nugraha; Alfarizi, Abram Nabil; Priyohastomo, Hadi Maulana; Putra Kusmana, Daffa Adiesta; Amelia, Khodijah Sefty; Taufik F, Dadan
Hukum Responsif Vol 16 No 2 (2025): Vol 16 No 2 August 2025
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v16i2.10770

Abstract

Background. Name change is one of the civil rights guaranteed by Indonesian law, the implementation of which is regulated through a court determination mechanism. In practice, every citizen who wants to change their name is required to apply to the District Court according to their domicile. Aims. This study aims to analyze the name change procedure in the judicial system in the Majalengka District Court Class II B. The formulation of the research problem is focused on the name change procedure. Methods. The research method employed is empirical juridical, combining the study of laws and regulations as secondary data with the results of interviews and observations in court as primary data. Result. The results of the study showed that the name change procedure was carried out through the submission of an application, examination of supporting documents, trial, and appointment of judges. Conclusion. The process is primarily based on positive legal provisions; however, obstacles include a lack of public understanding of the requirements and procedures that must be met, as well as the lengthy processing time resulting from incomplete documents that are not fulfilled from the outset. Implementation. This research is expected to contribute to improving judicial services and become a reference for people who want to apply for a name change according to legal procedures
JUDGE'S CONSIDERATION OF THE RECIPIENT'S CRIMINAL ACT BRIBERY FOR NEW STUDENT ADMISSIONS IN COLLEGE: (Study of Decision Number: 1/Pid.Sus-TPK/2023/PN Tjk) Rafi'i, Muhammad Naufal
Hukum Responsif Vol 17 No 1 (2026): Vol 17 No 1 February 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i1.10742

Abstract

One of the main factors causing this corruption is the opportunities provided by parents or families who want their children or family members to graduate from a particular faculty or university. In the fierce competition for a place at a prestigious college, some parents feel depressed and anxious that the prestige of the family or the child's future depends on their success in gaining admission to the faculty of choice. The research method used is an empirical juridical approach, with data collected through field and literature studies. Data is processed through identification, classification, and compilation. The data analysis used is qualitative descriptive. The results of the study are: (1) The factors in the occurrence of criminal acts of bribery recipients in the admission of new students in higher education are the existence of greed factors, opportunity factors, need factors, and disclosure factors, which of these four factors does occur in the criminal act of accepting bribes in the admission of new students in higher education. (2) Then, in giving consideration, the judge analyzes three aspects to give a verdict based on justice, namely the juridical aspect, the philosophical aspect, and also the social aspect, where these three aspects are closely related in helping the judge to decide the case of the recipient of bribes in the admission of new students at state universities. The suggestion for all law enforcement officials and also state civil servants is to carry out their obligations and authority as they should without having to deviate from their positions and authority, as well as prioritizing justice in providing punishment for perpetrators of crimes that produce a deterrent effect for the perpetrators and prevent similar incidents in the future.
CIVIL DISPUTE OVER OWNERSHIP OF DIGITAL ASSETS NON-FUNGIBLE TOKENS (NFTS) Pradipta, Aryadipa Raditya; Putri, Rosa Diga
Hukum Responsif Vol 17 No 1 (2026): Vol 17 No 1 February 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i1.11331

Abstract

The transnational nature of Non-Fungible Tokens (NFTs) presents complex jurisdictional challenges in civil dispute resolution that transcend national boundaries. This research examines NFT ownership disputes through the lens of Private International Law, analyzing choice-of-laws, forum selection, and recognition of foreign judgments. Employing a normative legal research methodology with comparative and case-study approaches, this study investigates jurisdictional frameworks, the determination of applicable law, and cross-border enforcement mechanisms. The findings reveal that the decentralized, borderless nature of blockchain technology creates unprecedented conflicts of law, with traditional private international law principles proving inadequate. The study concludes that international harmonization of NFT regulations is essential, requiring multilateral cooperation and the adaptation of conflict-of-laws rules to accommodate the characteristics of digital assets while ensuring predictability and fairness in cross-border dispute resolution.
THE NEW CRIMINAL PROCEDURE CODE AND THE CRISIS OF DUE PROCESS OF LAW IN THE INDONESIAN CRIMINAL JUSTICE SYSTEM Dwijaya, Ananda Gymnastiar
Hukum Responsif Vol 17 No 1 (2026): Vol 17 No 1 February 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i1.11626

Abstract

The ratification of the New Criminal Code on November 18, 2025, which came into effect on January 2, 2026, marks a fundamental change in Indonesia's criminal procedure law system. This update is intended to address the evolution of modern crime and the demands of law enforcement effectiveness. However, the expansion of law enforcement officials' authority in the areas of detention, confiscation, search, and eavesdropping raises serious problems for the principle of due process of law. A number of studies show that weakening the principle of procedural justice can increase the risk of arbitrariness and human rights violations. This research aims to critically analyze the New Criminal Code from the perspective of the state of law and the protection of human rights. The research method used is normative juridical with a statutory and conceptual approach. The results of the study show that strengthening the authority of the apparatus, without balancing it with strengthening judicial control, has the potential to shift the balance between state power and citizens' rights in the criminal justice system.
JURIDICAL ANALYSIS OF THE APPLICATION OF ADDITIONAL PENALTIES IN FISHERIES CRIMES Suryaputra, Muhammad Trialdy
Hukum Responsif Vol 17 No 1 (2026): Vol 17 No 1 February 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i1.11895

Abstract

Fisheries crime is a form of crime that has a multidimensional impact, both on state sovereignty, the sustainability of marine ecosystems, and national economic stability. Additional criminal regulations in Law Number 31 of 2004 concerning Fisheries, as amended by Law Number 45 of 2009, are intended to strengthen deterrence by authorizing the seizure of ships, fishing gear, and fishery products, and the revocation of business licenses. Along with the enactment of Law Number 1 of 2023 concerning the National Criminal Code, Indonesia's penal system has undergone a renewal that emphasizes proportionality, prevention, and protection of the public interest. This study aims to juridically analyze additional criminal arrangements in fisheries crimes and to examine their effectiveness in judicial practice. The research method used is normative legal research with a legislative and conceptual approach. The results of the study show that normatively, additional crimes have a strategic position as the main instrument in cutting off the economic benefits of the perpetrators, but in practice, there are still inconsistencies in implementation due to the facultative nature of the norm and the lack of optimal harmonization with national penal policies.
HUMAN RIGHTS IN THE PERSPECTIVE OF CONSTITUTIONAL LAW: BETWEEN CONSTITUTIONAL SUPREMACY AND PUBLIC POLICY DISHARMONY Karina, Siska; Gunawan, Moh. Sigit; Atmaja Manurung, Arthur Kusuma
Hukum Responsif Vol 17 No 1 (2026): Vol 17 No 1 February 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i1.11942

Abstract

This study aims to analyze the constitutional status of human rights within the framework of Indonesian constitutional law and to examine the disharmony between constitutional supremacy and public policy-making practices. This research is based on the strengthening of human rights guarantees after the amendment of the 1945 Constitution of the Republic of Indonesia (1999–2002), which marked a paradigmatic shift from government supremacy to constitutional supremacy. This research uses normative juridical methods, utilizing legal, conceptual, and analytical approaches to constitutional provisions, legal doctrines, and constitutional court decisions. These findings suggest that, at a normative level, human rights have achieved an amplified position as a constitutional right that binds all branches of state power. However, in the realm of public policy implementation, tensions remain between administrative legality and constitutional legitimacy, especially in matters concerning development policies, freedom of expression, and public participation. The study concludes that effective protection of human rights depends on the integration of constitutional supremacy in its normative, institutional, and ethical dimensions, thus ensuring that the Constitution operates as an instrument of substantive justice in a democratic state of the rule of law.
SUPREMACY OF LAW IN THE SETTLEMENT OF BANKRUPT DEBTORS’ ASSETS INVOLVED IN CRIMINAL OFFENSES: AN ANALYSIS OF THE CONFLICT BETWEEN GENERAL BANKRUPTCY SEIZURE AND CRIMINAL SEIZURE Aman, Chairul
Hukum Responsif Vol 17 No 1 (2026): Vol 17 No 1 February 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i1.12006

Abstract

This study examines the normative and practical conflict between general bankruptcy seizure (sita umum) under Article 21 of the Indonesian Bankruptcy Law and criminal seizure (sita pidana) conducted within criminal proceedings. Using statutory, conceptual, and comparative legal approaches, the research analyzes how overlapping authority between bankruptcy trustees (curators) and criminal law enforcement institutions-investigators, prosecutors, and the Corruption Eradication Commission (KPK)-creates legal uncertainty in the administration of debtor assets. The study finds that jurisprudential practices in Indonesia frequently prioritize criminal seizure, thereby undermining the bankruptcy principle of pari passu pro rata parte and weakening creditor protection. Through comparative insights, particularly from Malaysia’s insolvency framework, this research proposes a legal harmonization model that emphasizes coordination mechanisms between bankruptcy administration and criminal asset recovery regimes to uphold legal certainty, fairness to creditors, and the supremacy of law. In Indonesia, problems emerge when a debtor is declared insolvent while concurrently undergoing criminal prosecution. This study analyzes the legal conflict between sita umum (general bankruptcy seizure), which guarantees equitable distribution among creditors, and sita pidana (criminal seizure), which safeguards assets for evidentiary purposes, confiscation, or reparation. This study employs a normative legal research methodology, incorporating statutory review, jurisprudence, and comparative analysis, to assess the Bankruptcy Law (Law No. 37/2004), the Criminal Procedure Code (KUHAP), and supplementary legislation, including the Anti-Money Laundering Law. Research indicates that Indonesian jurisprudence emphasizes criminal seizure, particularly in situations of corruption and fraud, frequently undermining creditor protection due to a lack of standardized regulations. A comparative analysis of Malaysia reveals a better integrated structure that protects creditors' rights while considering criminal justice objectives. Findings show that Indonesian jurisprudence prioritizes criminal seizure, especially in corruption and fraud cases, often weakening creditor protection due to the absence of harmonized regulations. A comparative review of Malaysia demonstrates a more coordinated framework that safeguards creditors’ rights while accommodating criminal justice interests. The study concludes that harmonization of Indonesian regulations, stronger coordination between curators and law enforcement, and clearer guidelines on overlapping claims are crucial to achieving legal certainty, creditor protection, and enforcement of justice. The institutional conflict between bankruptcy administration and criminal law enforcement has become increasingly visible in cases in which debtor assets are simultaneously subject to both bankruptcy proceedings and criminal investigations. In practice, curators responsible for managing bankruptcy estates often face competing claims from investigators or prosecutors seeking criminal seizure of the same assets. This institutional overlap generates uncertainty regarding which legal regime should prevail. Without clear coordination mechanisms, the enforcement of criminal law may inadvertently undermine the collective creditor protection principle embedded in bankruptcy law.
SYNERGY OF BUMDES AND VILLAGE COOPERATIVES IN THE FREE NUTRITIOUS MEAL PROGRAM: RECONSTRUCTION OF LOCAL GOVERNMENT AUTHORITY BASED ON ECONOMIC DEMOCRACY AND WELFARE STATE Harmono, Harmono; Dwijaya, Ananda Gymnastiar
Hukum Responsif Vol 17 No 1 (2026): Vol 17 No 1 February 2026
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v17i1.12022

Abstract

The Free Nutritious Meal (MBG) program, as a national welfare policy, requires a food procurement system that not only ensures the availability of food for consumption but also encourages sustainable community economic development. However, in practice, the public food procurement structure has not been fully integrated with village economic institutions, so the potential for local production has not been fully utilized within the state welfare distribution system. This study aims to analyze the constitutional basis of local government authority in village economic integration, formulate a policy model for local commodity-based food procurement through the synergy of Village-Owned Enterprises and village cooperatives, and examine the implications of these policies on economic democracy and the welfare state. The research employs normative juridical methods with a comparative approach to laws, regulations, concepts, and policies. The results of the study show that local governments have constitutional legitimacy to integrate the village economy into public food supply programs through their authority over local economic development, community empowerment, and food security management. The local commodity-based food procurement policy model establishes a structural relationship between state demand and village communities' production capacity through the institutional synergy of BUMDes and cooperatives. This integration not only increases the effectiveness of food distribution but also reconstructs the welfare state's function from a redistribution mechanism to one of facilitating community-based social production, and strengthens the practice of economic democracy within Indonesia's constitutional system.

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