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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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Pengaturan Kampanye di Media Sosial: Telaah Kritis Peraturan KPU No 15 Tahun 2023 Tentang Kampanye Pemilihan Umum Sapardiyono Sapardiyono; Galih Bagas Soesilo
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.5.2.10468.1131-1140

Abstract

Campaigning in the digital age is increasingly facilitated by various features that support creativity and speed in sharing information about the campaign interests of election candidates. Social media has become a significant platform for influencing public opinion and shaping political narratives. Campaign arrangements in social media have been regulated in the provisions of articles 38 of KPU Regulation No. 15 of 2023. This study is intended to determine the extent of regulation of campaigns on social media in the 2024 elections and to predict various problems that may arise. The research method used is normative juridical. At the same time, the data used is secondary data, consisting of primary legal materials and secondary legal materials. The results reveal that the word ‘Social Media’ appears and is mentioned in this KPU Regulation 62 times. However, the existing KPU Regulation has not fully accommodated the potential problems that arise. For example, it is not clearly and concretely stated how to regulate campaigns using ‘video’ media in registered social media accounts. Furthermore, limiting the number of social media accounts to 20 is considered ineffective because it is easily circumvented by creating new unofficial accounts supported by buzzers. It also generalizes the regulation of election campaign advertisements in print mass media and online media, social media, and broadcasting institutions in the form of commercial and service advertisements for the community. Therefore, it is appropriate to add the diction of the word ‘video’ in Article 37 paragraph (4) and also regulate the technicalities of accounts other than official accounts deliberately created to benefit the campaign of election participants by adding new norms in PKPU.
Perlindungan Hukum Bagi Penyandang Disabilitas Sebagai Korban Penganiayaan dalam Perspektif Hukum Pidana Islam Rika Risky; Hj. Sahlia
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.5.2.10499.1064-1078

Abstract

Despite the creation of laws that contain all existing problems, it does not rule out the possibility that crimes will still occur in this world, one of which is persecution. What is more concerning is if the persecution occurs to persons with disabilities, who do not have the ability to protect themselves. This study aims to determine the factors that cause persecution of persons with disabilities, legal protection for persons with disabilities, formulation or form of punishment received by perpetrators of persecution of persons with disabilities as victims of persecution in the perspective of positive law and Islamic criminal law This research uses a type of literature study or normative law, which is a collection of actions related to library data collection. To collect data, this research uses a qualitative approach. The results of data analysis show the factors that lead to the persecution of persons with disabilities, things that are intended to protect persons with disabilities as victims of persecution and the formulation or form of punishment received by the perpetrator in the perspective of positive law and also Islamic criminal law. The implications of this research include several laws and also arguments sourced from the Qur'an and hadith and also the need for awareness from surrounding people and also law enforcement to realize protection for persons with disabilities.
Sistem Hukum Penanggulangan Darurat Kesehatan dalam Perspektif Omnibus Law: Relasi terhadap Hak Asasi Manusia Fradhana Putra Disantara; Fathul Hamdani; Ana Fauzia; Geraldha Islami Putra Disantara
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.5.2.10512.1120-1130

Abstract

The purpose of this research is to examine various problems in overcoming the past health emergency (Covid-19 pandemic), and to initiate the use of the concept of omnibus law in the context of harmonizing the legal system for overcoming health emergencies with a human rights perspective. This research applies the normative research method using statutory, conceptual, and case approaches. The results show that the current regulation on health emergency management is still not comprehensive enough to guarantee legal certainty and protection of human rights. For example, the authority to determine regional quarantine in the hands of the Central Government is in fact not very effective, because each region in Indonesia has its own characteristics, so it would be better to apply regional quarantine asymmetrically by handing over the authority to determine regional quarantine to local governments who know better the real conditions in their regions. Then in terms of procurement and implementation of vaccinations, starting from the absence of legal certainty and protection to obtain halal-certified products (vaccines) as mandated in Law Number 33 of 2014 concerning Halal Product Guarantee, to the imposition of sanctions for delaying or terminating social security which actually contradicts Law Number 40 of 2004 concerning the National Social Security System. Therefore, it is necessary to harmonize the legal instruments for health emergency management using the concept of omnibus law which will revise all regulations related to the acceleration of infectious disease prevention, such as the implementation of regional quarantine, the application of sanctions, guarantees of community needs, to regulations related to the implementation of vaccinations.
Diskresi Penyelesaian Kasus Tindak Pidana Pelaku Pencabulan Dengan Kekerasan Terhadap Orang Dewasa Fidelia Prabajati; Topo Santoso
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.5.2.10524.1098-1107

Abstract

Criminal acts are often a topic in news media, social media and print media, as information about criminal acts or acts that sometimes disturb people's thinking, and the application of sanctions as regulated in the Criminal Code. Regarding case Number 100/Pid.Sus/2015/PN.Mrs, it is considered appropriate in the application of the article charged, but the fine is considered less effective because most perpetrators choose imprisonment instead of the fine. The author uses a normative qualitative method, with a case approach model based on the judge's decision in the court decision in case Number 833/Pid/B/2022/PN.JKT.Sel. with the result that imposing a sentence on the perpetrator of the crime of sexual immorality has sufficiently accommodated the perpetrator's behavior and is oriented towards justice for the victim because the sentence imposed by the judge is not too far from Article 82 paragraph (1) in conjunction with Article 76E of Law Number 35 of 2014 concerning Amendments to Law Number 23 2002 concerning Child Protection not only that, fines are imposed on perpetrators, although in practice many replace it with imprisonment, it is considered sufficient to be able to compensate for the losses suffered by victims of criminal acts of sexual abuse.
PENGHENTIAN PERKARA PENYALAHGUNAAN NARKOTIKA DI TINGKAT PENYIDIKAN BERDASARKAN KEADILAN RESTORATIF Riza Chatias Pratama; Aldisa Melissa
Jurnal Interpretasi Hukum Vol. 5 No. 3 (2024): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.5.3.10526.1182-1192

Abstract

Narcotics crime is one of the most frequent crimes among cities in Indonesia.  Drugs (psychotropics, narcotics and other addictive substances) are certainly something that endangers human life by the inappropriately used, due to the dependency cause and even result in an overdose. Narcotics abuse is a global problem, and no longer just limited to regional and national problems in Indonesia. Narcotics abuse has penetrated public spaces and even carried out by men and women without any debate about gender, economic class or even age. The increasing numbers of narcotics abuse leads to criminal acts which can result in criminal sanctions. However, currently the resolution of criminal acts of narcotics abuse is no longer limited to criminal sanctions or even efforts to imprison the perpetrator. After the issuance of National Police Chief Regulation Number 8 of 2021 on Handling of Criminal Acts Based on Restorative Justice, the resolution of narcotics abuse cases that meet the criteria as stipulated in this regulation can be given action sanctions in the form of rehabilitation. The implementation of the National Police Chief's regulations in the Aceh Regional Police Legal Area has been implemented and has succeeded in resolving 4 (four) cases of narcotics abuse through restorative justice. Overall, the implementation of the this regulations is appropriate but not yet effective because only a small number of cases are resolved using restorative justice.  
Pengaruh Penganggaran Berbasis Kinerja Terhadap Kenaikan Tunjangan Kinerja Bawaslu Dalam Perspektif Hukum Keuangan Negara Naufal Rizqiyanto; Annisa Al Rahman
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.5.2.10527.1086-1097

Abstract

This research explores the impact of performance-based budgeting on the increase in the performance allowance of Indonesia's Election Supervisory Agency (Bawaslu) from the perspective of state financial law. This research examines how performance-based budgeting, which emphasises efficiency, effectiveness, and accountability, affects financial management and justifies the increase in allowances. By analysing the legal framework, empirical data, and performance metrics, this study aims to provide a comprehensive understanding of the alignment between budget allocations and performance outcomes in Bawaslu. The method used is normative research with primary, secondary and tertiary legal materials. The data generated from legal materials are described to find objective results. The results of this study The use of a performance-based budgeting system (ABK) by Bawaslu has influenced the policy of increasing performance allowances. Bawaslu's performance measurement refers to the principles of state finance, including efficiency, economic effectiveness, accountability, responsibility, professionalism, proportionality, and openness. The increase in Bawaslu's performance allowance is in accordance with the performance improvement that has been evaluated by Menpan RB, which is the institution responsible for bureaucratic reform.
Kedudukan Hukum Perjanjian Jual Beli Atas Dasar Utang Piutang (Studi Putusan Pengadilan Negeri Denpasar Nomor 10/Pdt.G/2019/PN Dps) Aristiono Hamdani; Miftakhul Huda
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.5.2.10549.1079-1085

Abstract

A notary holds significant responsibility for every action related to the creation of an authentic deed. This responsibility extends not only during the creation of the deed but also for as long as the deed is used by the involved parties. The notary is accountable for the authenticity and accuracy of the deed's content to ensure no harm is caused to any party. One example is a debt agreement that later transformed into a sale and purchase agreement in the Denpasar District Court Decision No. 10/Pdt.G/2019/PN Dps. Based on this, the study addresses two main questions: (1) What is the legal strength of the sale and purchase agreement as evidence? and (2) What is the ratio decidendi concerning the evidentiary strength of the sale and purchase agreement in the Supreme Court Decision No. 2053K/PDT/2019? This study employs a normative method, specifically a juridical analysis of applicable legal norms. The purpose is to identify the factors leading to the lawsuit in the Denpasar District Court and analyze the judges' considerations regarding the legal status of a sale and purchase agreement based on debt. The findings indicate that the Supreme Court Decision No. 2053K/PDT/2019 is accurate, as it considers the principles of immediate payment and transparency, as well as the validity requirements of the agreement. The defendant did not acknowledge the sale and purchase agreement, but rather a debt. Therefore, the lawsuit should be dismissed.
Dinamika Hukum Administrasi Negara Terhadap Mekanisme Kontinuitas Kebijakan di Masa Peralihan Kekuasaan Presiden Firdaus Arifin
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.5.2.10570.1013-1023

Abstract

Transitions of presidential powers often create policy uncertainty, which can disrupt the stability of the administration of government and violate the principle of legal certainty. State administrative law, as the main instrument in maintaining policy stability, has not been fully effective in ensuring policy continuity in Indonesia during the transition of power. The study aims to analyze the role of state administrative law in maintaining the continuity of public policy during the presidential transition of power. Using normative legal research methods, the study analyzed various regulations, such as Law Number 30 of 2014 on Government Administration, as well as conducting comparative studies with administrative legal systems in the United States and Germany. The results show that, despite efforts to provide a clear legal foundation for policy continuity, implementation on the ground is still weak, especially in terms of oversight and policy evaluation procedures. Countries such as the United States and Germany have succeeded in creating systems that allow policy continuity during the transition of power through stronger oversight mechanisms and transparent evaluations. The implication of this study is the need to reform administrative law in Indonesia, by adding more specific regulations to ensure policy stability and protect public interests during the transition of power.
Peran Hukum Kesehatan dalam Melindungi Peserta Program Badan Penyelenggara Jaminan Sosial Kesehatan Berdasarkan Undang-Undang Nomor 24 Tahun 2011 Adella Sitanggang; Sonya Airini Batubara; Andre Widana Sahputra Sitepu; Erica Setiawan Tandi; F. Fitriani
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.5.2.10579.1003-1012

Abstract

The role of health law is crucial in ensuring the protection of participants in the National Health Insurance (BPJS Kesehatan) program, as regulated by Law No. 24 of 2011. This law provides a legal basis for the implementation of the national health insurance program, which aims to promote the welfare of society by providing equitable access to quality healthcare services. Health law functions to protect the rights of BPJS participants by ensuring that they receive healthcare services that meet established standards without discrimination.Furthermore, this law mandates the state to provide comprehensive and inclusive health insurance. Through the role of BPJS Kesehatan, health law also regulates the supervision and enforcement of accountability from healthcare providers, both in terms of service quality and financial management. Healthcare institutions collaborating with BPJS are required to comply with professional standards and medical ethics, as well as being responsible for patient safety.In the event of violations, health law provides a mechanism for participants to file complaints and seek justice through legal channels. The application of administrative and criminal sanctions for violators is also part of the legal protection efforts for participants. Therefore, the role of health law not only ensures access to services but also guarantees that the rights of BPJS participants are fulfilled in receiving fair and quality healthcare services.
Perlindungan Hak Upah Bagi Pekerja Dalam Lingkup Usaha Mikro Kecil Menengah Alexander Kennedy
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.5.2.10604.1108-1119

Abstract

Wage protection for workers in the Micro, Small, and Medium Enterprises (MSME) sector is a crucial element in creating social and economic balance in Indonesia. Although MSMEs significantly contribute to the economy by absorbing nearly 97% of the workforce, many workers still face inadequate wages. This issue stems from factors such as financial limitations and a lack of understanding of labor regulations. This study aims to analyze the mechanism of wage protection in MSMEs and the role of legal culture in preventing violations of workers' rights. Using a normative juridical approach, the study examines relevant legal documents, including Government Regulation Number 36 of 2021 on Wages. The main findings show that existing regulations have not fully ensured the fulfillment of workers' wage rights, particularly in regions with less effective oversight. Additionally, the legal culture among MSME business owners and workers influences the implementation of these regulations. The results highlight the importance of an integrated approach between the government, business owners, and workers to ensure effective wage protection and social justice.

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