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INDONESIA
Jurnal Interpretasi Hukum
Published by Universitas Warmadewa
ISSN : 27465047     EISSN : 2809977X     DOI : https://doi.org/10.22225/juinhum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Interpretasi Hukum website provides journal articles for free download. Our journal is a journal that is a reference source for academics and practitioners in the field of law. Jurnal Interpretasi Hukum is a law journal articles of students for Law Science published by Warmadewa University Press. Jurnal Interpretasi Hukum has the content of research results and reviews in the field of selected studies covering various branches of Law in a broad sense. This journal is published 3 times within a year April, August, and December, submitted and ready to publish scripts will be published online gradually and the printed version will be released at the end of the publishing period. The language used in this journal is Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 481 Documents
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Hukum Kesehatan Ditinjau dari Perlindungan Hak Asasi Manusia Muhammad Japar; Abdul Haris Semendawai; Muhammad Fahruddin; Hermanto
Jurnal Interpretasi Hukum Vol. 5 No. 1 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.1.9290.952-961

Abstract

Studi ini mencoba menjelaskan hukum kesehatan dengan mempertimbangkan HAM. Memanfaatkan bahan hukum primer dan sekunder, penelitian ini dilakukan dengan menggunakan pendekatan yuridis normatif. Selain itu, data dianalisis melalui pendekatan kualitatif, yaitu melalui penjelasan dan interpretasi data. Studi ini menemukan bahwa HAM yang paling penting bagi setiap individu, keluarga, dan masyarakat adalah hak atas kesehatan. Akibatnya, pemerintah bertanggung jawab untuk menjaga hak kesehatan masyarakat. Beberapa undang-undang termasuk 1) UUD NRI 1945; 2) UU Nomor 39 Tahun 1999 tentang HAM; 3) UU Nomor 17 Tahun 2007 tentang RPJPN Tahun 2005–2025; 4) UU Nomor 36 Tahun 2009 tentang Kesehatan; dan 4) UU Nomor 44 Tahun 2009 tentang Rumah Sakit.
Perlindungan Hukum terhadap Pihak Swasta pada Kontrak Build Operate Transfer dalam Sengketa Pembatalan Kontrak Sepihak dari Pemerintah Emir Fabrian Marino; Atik Winanti
Jurnal Interpretasi Hukum Vol. 4 No. 2 (2023): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.4.2.9400.405-415

Abstract

The Build Operate Transfer (BOT) scheme has become the primary choice for governments in financing infrastructure due to its significant benefits for both the government and the private sector. However, there are often associated problems and risks, especially regarding unilateral contract cancellations. Hence, legal protection for the parties involved in BOT contracts is crucial due to the substantial investments in long-term infrastructure projects. The type of research used in this study is normative legal research. The author employs approaches including statutory and case law analysis. The author utilizes qualitative juridical data analysis techniques, involving the interpretation of legal materials as an initial step, typically conducted in normative legal research. The results of this study indicate that although BOT contract law in Indonesia has been regulated, there are still several issues in its implementation, often leading to disputes and unilateral contract cancellations. The government must ensure legal certainty for investors and other private sector entities so that the investment climate, including through BOT contracts, can thrive in Indonesia. This principle is then developed into regulations governing legal protection provisions for unilateral contract cancellations. Indonesia's legal framework for BOT contracts is detailed, but some additions are necessary to enhance its effectiveness. Therefore, future BOT legal frameworks are recommended to include general provisions related to BOT projects, tender offers and negotiations, agreement mechanisms, signing processes, and project monitoring.
Genosida Sebagai Pelanggaran Hak Asasi Manusia (HAM) Yang Berat Gatot Eko Yudhoyono; Joko Setiyono
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.9987.1034-1042

Abstract

Deprivation of Human Rights using various criminal methods has been happening for a long time. Since then, many international regulations have set limits and prohibitions regarding war crimes up to genocide, including judicial bodies that are given responsibility for crimes that have been committed. By knowing the actions and bodies authorized to prosecute serious human rights violations, we can understand current changes in the existence of the crime of genocide. The aim of realizing international legal instruments is to fulfill the human rights of victims, the world community and perpetrators. The research method used is normative juridical. The research approach is through a statute approach, which examines problems using statutory regulations by analyzing relevant laws to be used as a legal basis, such as the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, the Statute of the International Criminal Court in 1998 and the Law on Law Number 25 of 2000 concerning Human Rights Courts. The research results concluded that the crime of genocide is one of four serious human rights violations within the jurisdiction of the International Criminal Court. Genocide always involves two things, namely: objectively it refers to the act of extermination and subjectively the target of the action is a certain group. The International Criminal Court, in accordance with Article 34 of the 1998 Rome Statute, consists of four parts: The Presidency, the Chambers, the Offices of the Prosecutors and the Registry in carrying out its duties. The International Criminal Court will only carry out its functions if the National Court cannot carry out its functions properly, in this case the meaning is if the National Court does not want to try the perpetrator of the crime and unable.
Analisis Politik Hukum dalam Undang-Undang Penyelenggaraan Haji di Indonesia Nida Rafiqa Izzati; Opia Tatarisanto; Mafaza Rohadatul Aisy; Luthfi Nur Azizah
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10033.1024-1033

Abstract

Hajj is one of the obligations for every Muslim who is mature and capable of performing it. Therefore, regulations regarding the organization of Hajj in a region are intriguing to discuss. The purpose of this article is to identify the definition of legal politics and Hajj, inform the history of the development of regulations on Hajj organization in Indonesia, and analyze legal politics within these laws. This research employs a normative juridical research method using legislative approaches, conceptual approaches, and historical approaches. The findings of this article indicate that from a legal-political perspective, Law No. 13 of 2008 concerning the Implementation of Hajj and Law No. 34/2014 concerning Hajj Financial Management are considered to ensure legal certainty for prospective Hajj pilgrims. Despite concerns regarding Article 30 paragraph (1) of the law causing legal uncertainty due to the continued practice of KBIH (Hajj Organizing Agencies) charging additional fees, the government argues that according to Article 29 paragraphs (1) and (2), Hajj guidance should be provided without charge to pilgrims. The latest law addressing this issue is Law No. 8 of 2019, which states that Hajj is the fifth pillar of Islam mandatory for every capable Muslim, as also guaranteed in the 1945 Constitution. Improvements in the organization of Hajj and Umrah should not only focus on improving the quality of service to pilgrims but also address all aspects involved in the organization of Hajj and Umrah.
Perlindungan Perlindungan Terhadap Perempuan Korban Kekerasan Berbasis Gender Online Dalam Era Digital Ni Nyoman Muryatini
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10396.969-976

Abstract

In today’s digital era, sexual violence crimes often occur in cyberspace. Based on the annual records of the National Commission on Violence Against Women, reports of cases of online gender-based violence have increased in the last five years. Cyberspace is currently not a safe space for women. As a basic law, the Indonesian Constitution of 1945 explicitly regulates the right to a sense of security and protection for everyone. The methods used in this study are normative juridical using a legislative approach and a case approach. The purpose of this study is to provide legal arguments regarding whether an event is right or wrong and how the event should be according to law. Based on the results of the study, in law enforcement, law enforcement officers often use the electronic information and transactions law and the pornography law which results in victims being in a vulnerable position. The negative stigma from society and criminalization of victims result in a minimum of cases being resolved through litigation so that victims do not get the right to handling and recovery as mandated by the law on sexual violence. The state must guarantee a safe space for women in cyberspace. The state must carry out its commitment to provide justice and restitution to victims as mandated by law. For the sake of legal certainty, the government must immediately ratify the implementing regulations of the law on sexual violence. Provide socialization to the public regarding the law on sexual violence to increase public legal awareness and improve the competence of law enforcement officers by providing training in handling cases of online gender-based violence.
Urgensi Pengaturan Akta Pembatalan Terhadap Akta Pejabat Pembuat Akta Tanah (PPAT) Ni Made Nita Pradnyaning Putri; I Wayan Novy Purwanto
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10400.986-993

Abstract

When executing his responsibilities to authenticate deeds within the realm of land transactions, it is quite frequent for a PPAT to face issues concerning previously executed deeds, particularly when parties demand their annulment. This study addresses the lack of normative guidelines pertaining to the specific forms or types of cancellation deeds required to annul a PPAT deed. This study aims to explore the imperative of instituting regulatory measures concerning the annulment deeds executed by PPAT, as well as the legal consequences that arise from the nullification of a PPAT Deed. Utilizing a normative legal research approach that emphasizes statutory analysis, the study scrutinizes the legal structures outlined in diverse legislative documents. The methodological approach involved the utilization of library research or document analysis to collect legal documentation, which was subsequently subjected to qualitative evaluation. The results of the study demonstrate that the establishment of a Deed of Cancellation for a PPAT Deed by a Notary, or in their presence, is authorized according to Article 15, Paragraph (2), sub-paragraph f of the UUJN-P. This authorization is intended to provide legal assurance to all relevant parties and Land Deed Making Officials, given the lack of detailed regulations specifying the nature, structure, content, and procedural stipulations required for these cancellations. Consequently, the legal repercussions of canceling a PPAT Deed are that all entities and individuals are returned to their original state prior to the execution of the PPAT Deed.
Tinjauan Yuridis Terhadap Pengaturan Pemberhentian Notaris Dalam Konteks Kepailitan Ni Kadek Winda Nandayani; I Gede Putra Ariana
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10401.977-985

Abstract

The stipulations of Bankruptcy Regulation under Law Number 2 of 2014, specifically in Article 12 letter a, which pertains to the Notary Position, engender a variety of interpretations. According to this provision, a Notary who is adjudicated bankrupt by judicial decree faces dishonorable discharge. Such dismissal contravenes the established bankruptcy principles outlined in Law Number 37 of 2004 on Bankruptcy. The objective of this research is to explore the foundational legal framework governing the termination of a Notary's role and to examine the legal ramifications associated with such dismissal within the framework of bankruptcy. This investigation adopts a normative legal research methodology, motivated by the unclear legal norms present. Legal documents serve as both the primary research tool and the primary source of data for identifying issues. The findings reveal that the ambiguity engendered by Article 12(a) of the Notary Position Law, which governs the dishonorable dismissal of notaries declared bankrupt, raises questions about whether notaries should be considered as debtors or as representatives of their official capacities. This ambiguity contributes to legal uncertainty and the possibility of injustice. The bankruptcy notary loses the authority to take care of his personal property and the right to make authentic deeds, although he can still perform other legal acts. Violations in bankruptcy can cause the deed to lose its authenticity, and the aggrieved party can seek compensation. The Notary Office Law has not regulated the details of Notary bankruptcy, including document security and reappointment, causing ambiguity in norms.
Notifikasi Merger Sebagai Upaya Pengawasan KPPU Berdasarkan Hukum Nasional dan Perbandingan dengan Singapura Alifia Jasmine
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10430.1043-1052

Abstract

Economic development in Indonesia is currently very rapid and has brought Indonesia into a wider open market and encouraged business competition. The existence of business competition also encourages a merger of companies to optimise their business. The government has also taken its role in regulating business competition through Law No. 5 of 1999 and establishing the KPPU as an institution that monitors the business competition climate in Indonesia. One of the things supervised by the KPPU is the act of merger carried out by a company, where there is an obligation to provide notification to the KPPU if the company merges with another company. This research uses a normative juridical method with a statute approach, conceptual approach and comparative approach. Secondary data used in this research is primary legal material (legislation), secondary legal material (doctrine), and tertiary legal material (encyclopaedia or public opinion), which will be analysed using juridical qualitative. The use of these three approaches is to answer problems regarding the concept of supervision by state institutions (KPPU) in supervising business competition, especially mergers, as well as to make comparisons between Indonesia and Singapore. Based on the research results, it was found that there are differences in regulatory regimes related to company merger notifications between Indonesia and Singapore, which can affect the ease of doing business in each country.
Menelisik Legalitas Ahli untuk Mengundurkan Diri atau Minta Dibebaskan dari Kewajiban Memberikan Keterangan di Persidangan Erwin Susilo; Muhammad Rafi; Khairul Umam Syamsuyar
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10455.1152-1161

Abstract

Article 168 of Indonesian Criminal Procedure Code (KUHAP) confers upon witnesses’ right to decline provide testimony, while Article 170 (1) stipulates that a witness may seek exemption from the obligation to testify. However, these provisions do not extend to experts, despite their frequent application in trials. This study seeks to critically analyze the role of experts in criminal evidence law and their legal standing to either withdraw or request exemption to testify. Employing a normative legal research method, the study reveals the following insights: First, experts are instrumental in elucidating non-legal aspects that are beyond the understanding of judges and parties in court, utilizing their specialized knowledge. However, they should refrain from making final conclusions, as this responsibility lies exclusively with the judge. Second, witnesses are required to provide objective testimony and may face penalties for perjury (pursuant to Article 242 KUHAP, Articles 291, and 373 of Law No. 1 of 2023), whereas experts offer subjective opinions and are not subject to such penalties. Consequently, Article 168 KUHAP is applicable solely to witnesses, while Article 170 KUHAP, through systematic interpretation linked with Article 120 (2) KUHAP, can be extended to encompass both witnesses and experts. The study advocates for the reformulation of Article 170 (1) KUHAP to explicitly include experts as individuals who may seek exemption from the obligation to testify, thereby safeguarding professions that are bound by confidentiality obligations.
Kewenangan Notaris Dalam Menerapkan Prinsip Mengenali Pengguna Jasanya Pada Permenkumham Nomor 9 Tahun 2017 Gede Odhy Suryawiguna Robed; I Gede Yusa
Jurnal Interpretasi Hukum Vol. 5 No. 2 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.2.10467.994-1002

Abstract

The aim of this study is to examine the extent of authority that can be exercised by a notary in reporting suspicious financial transactions and what the notary's responsibilities are in implementing the principle of recognizing users of his services in accordance with the provisions of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 9 of 2017 concerning the Application of Principles. Recognizing Service Users for Notaries. This study uses normative legal research methods with a legislative approach and analysis of legal concepts. The results of the study show that if you look at the principle of lex superior derogate legi inferior then in the legal hierarchy Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public has a higher position than the Regulation of the Minister of Law and Human Rights Number 9 of 2017 concerning the Implementation of the Principle of Recognizing Service Users for Notaries, therefore notaries must maintain the confidentiality of the deeds they make based on the provisions of Article 16 paragraph (1) letter f and the notary's responsibility is only based on formal truth in accordance with the provisions of Article 39 Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.

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