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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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KONSTRUKSI PEMIKIRAN YUSUF AL-QARDHAWI DALAM PEMBARUAN HUKUM KELUARGA ISLAM Nida Rafiqa Izzati; Bagus Kusumo Hadi; Taufik Pajar Pebriansyah; M Fadhil Azzam Arfa; Arroyan Na'im
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.5.3.10608.1193-1206

Abstract

In the last few decades, the Islamic world has experienced profound changes, including Islamic Law. One of the figures who tried to build a construction of thought to reform Islamic law was Shaykh Yusuf Al-Qardhawi. So this article aims to review in depth the background, thoughts, methods, principles, and relevance of Qardhawi's thoughts on Islamic family law. Writing this article applies the literature review method by collecting qualitative data found from various relevant written sources. From this research, it was found that Qardhawi had progressive thinking, especially in the context of Islamic law. He emphasized inclusiveness, adaptation to changing times, and remaining loyal to the basic principles of Islamic teachings. Like his legal istinbath method, Qardhawi developed a method that can accommodate changing times and community needs, such as; Ijtihad intiqa'i, ijtihad insha'i, and ijtihad intiqa'i insha'i. Meanwhile, regarding the principles of reading Islamic law, Qardhawi has concepts such as being moderate, free from taqlid and fanaticism towards a school of thought, providing convenience, expressing opinions in language that is easy to understand, and refusing to discuss useless issues. Before his legacy, he had also produced works covering contemporary issues, including books entitled Priority Fiqh, Zakat Fiqh, and others. His thoughts have big implications for the development of Islamic family law, among Qardhawi's thoughts related to Islamic Family Law in Indonesia is the ability to have family planning (KB).  
Problematika Aturan Pemungutan Suara Ulang dalam Perselisihan Hasil Pemilu Presiden dan Wakil Presiden M Rizqi; Didan Neofal Arysandi
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.5.3.10617.1225-1234

Abstract

The issue of unclear regulations regarding the implementation of Repeat Voting (PSU) in the presidential and vice-presidential elections has become a significant challenge in ensuring a fair electoral process. The current regulations, particularly Law No. 7 of 2017 on Elections and PKPU Regulation No. 25 of 2023, exhibit inconsistencies, leading to legal uncertainty when PSU involves more than two candidate pairs. This study aims to analyze the gap between theory and practice in the implementation of PSU, especially in cases that result in legal ambiguity. Using a normative juridical method, this research critically examines relevant laws, court rulings, and doctrinal studies to identify key areas in need of regulatory reform. The findings reveal that the lack of harmonization between regulations poses difficulties for electoral authorities in conducting PSUs. Additionally, inadequate guidance and the absence of clear technical directives hinder PSU implementation, potentially compromising the integrity of elections. The study concludes that amendments to the Election Law are urgently needed to ensure that PSU can be conducted effectively and efficiently, thus reducing potential legal issues in future elections.
Pemanfaatan Kecerdasan Artifisial (Artificial Intelligence/AI) Dalam Kerangka Pancasila Grace Juanita
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.5.2.10622.1141-1151

Abstract

The development and advancement of technology, especially the Industrial Revolution 4.0, introduced humans to artificial intelligence (AI). AI plays a role in changing human lifestyles. There are logical and fair characters and use considerations of justice and human values, according to the Pancasila framework. This study presents the issue of whether Pancasila values are beneficial for the utilization of artificial intelligence. How is artificial intelligence utilized within the Pancasila framework? According to the issue studied, it answers that artificial intelligence, which continues to develop rapidly, has not been able to be in the corridor of its main objectives, namely the protection of human rights and respect for human dignity in the digital era. Even though the values of Pancasila are taught and grounded in the social environment, human behavior has not changed according to the targeted goals. Often the development model of artificial intelligence does not always adhere to ethical values, especially in areas that are closely related to efforts to replace the role of humans, who are vulnerable to eliminating respect for the nobility of human dignity.
Membangun Ketahanan Terhadap Bencana: Strategi Kebijakan Global dalam Menangani Pengungsi Iklim Ria Silviana; Hieronymus Soerjatisnanta
Jurnal Interpretasi Hukum Vol. 6 No. 1 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.1.10624.120-133

Abstract

Climate change has emerged as a critical global issue, resulting in significant impacts such as rising temperatures, polar ice melt, and escalating sea levels, which threaten millions of lives. According to the Intergovernmental Panel on Climate Change (IPCC), approximately 3.3 to 3.6 billion people reside in areas highly vulnerable to climate change. This has led to an increasing number of climate-induced displacements, with millions of individuals—referred to as "climate refugees"—forced to flee due to extreme weather events like floods and wildfires. However, these individuals lack formal recognition and adequate legal protection under current international frameworks. The United Nations projects that up to 21.5 million people could be displaced annually due to climate-related disasters, and urgent action is required. This study aims to analyze the critical gap by examining the status of climate refugees in the international legal framework and the necessary global policy to manage climate-induced displacement effectively to enhance disaster resilience.
Rekonstruksi Pemaknaan Hak Masyarakat Hukum Adat (MHA) atas Hutan Adat Wihelmus Jemarut; Kornelia Webliana B
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.5.3.10671.1235-1241

Abstract

This article aims to analyze the rights of Customary Law Communities (MHA) over Customary Forests. The research method used is normative with a conceptual and legislative approach. The concept or theory used is the property rights theory. The results of the study indicate that MHA rights in laws and regulations only include access rights, rights to collect results, and management rights. Based on the property right theory, what MHA does not have is the right to exclude - the right to determine who has access rights or the right to determine the participation/exclusion of other parties in the area - and the right to sell or transfer rights. The researcher recommends that the only MHA rights that need to be revoked by the state in controlling customary forests are the right to sell or the right to transfer.
Perlindungan Hukum Terhadap Pura Sebagai Kawasan Suci dari Komersialisasi Budaya Berdasarkan Peraturan Gubernur Propinsi Bali Nomor 25 Tahun 2020 Diah Gayatri Sudibya; Kade Richa Mulyawati; Kadek Dwi Gita Cahyani; Ni Luh Anggani Nata Purnami
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.5.2.10674.1162-1170

Abstract

Cultural diversity in each region in Indonesia has its own values ??that must be protected. One area that has a strong culture is the island of Bali. The richness and unique culture of the island of Bali is the foundation for establishing a cultural tourism concept that is based on and imbued with the Tri Hita Karana philosophy which originates from the cultural values ??and local wisdom of Sad Kerthi and is based on Balinese Taksu. The implementation of tourism based on Balinese culture must be quality oriented, so comprehensive planning is needed in accordance with the regional development vision of Bali and also oriented towards sustainability and competitiveness, which also requires tourism management standards based on Tri Hita Karana. Bali tourism is formed with a cultural tourism strategy, namely tourism that utilizes culture as its attraction. As we know, the tourist attraction of the island of Bali is its natural beauty in the form of mountains and beaches as well as various kinds of customs and culture which really attract the attention and curiosity of tourists. To develop a tourist area, cultural tourism has a big role, not only in Bali but in many regions in Indonesia, developing its culture as a tourist attraction, by utilizing the unique culture that is being developed into a tourist destination. However, the presence of tourism brings a new paradigm where culture, which was previously consumed by local people, is now being consumed by tourists. This is what is meant by “Cultural Commercialization” for tourism. Commercialization is presenting a culture such as traditional art that is not performed as is usually done in society, but is adapted to the time and purchasing power of tourists who witness it.
Studi Komparasi Penerapan Product Liability di Indonesia dan Turki Nadine Rayna Salsabila
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.5.3.10709.1216-1224

Abstract

Each basic right must be fulfilled for each consumer from different countries. The creation of the Consumer Protection Law occurred because of the awareness of consumer protection. Indonesia implements this law through Law No. 8 of 1999 and Turkey through Law No. 4077 which has been amended. One of the consumer's rights is the right to get compensation if the goods sold do not have the desired quality. In the article regarding the implementation of Product Liability in Indonesia and Turkey, there are still many things that can be studied. This research will use a comparative approach and comparative law between Indonesia and Turkey. The comparative law approach in the observation of normative law not only provides knowledge, but also simply reveals descriptive knowledge, the comparative law approach in the observation of law must be able to describe in depth the legal system of other countries regarding the obstacles observed in solving the obstacles observed in solving a legal problem that is the subject of normative observation. Thus, overall it is clear that the regulations in Indonesia that regulate obligations and prohibitions of business actors emphasize the protection of consumer rights. Meanwhile, Turkey establishes the principle of responsibility of producers and sellers in ensuring safe and quality products.
Peran Otoritas Jasa Keuangan dalam Pembentukan Pedoman Teknis Pembiayaan Berbasis Kekayaan Intelektual bagi Bank Muhammad Daniel Auliaulloh; Lastuti Abubakar; Tri Handayani
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.5.3.10749.1207-1215

Abstract

The government presents an intellectual property-based financing mechanism through the regulation of Government Regulation Number 24 of 2022 concerning the Creative Economy. The regulation comes as a form of government support for creative economy players to advance the creative economy sector so that it can drive the national economy. The provision opens opportunities for creative economy players to obtain funding in order to build a business from government funds or bank and non-bank financial institutions. In accepting intellectual property as collateral, banks need to fulfill the obligation to conduct business verification, verification of intellectual property certificates, and assessment of intellectual property to be used as collateral. These obligations need to be regulated in a provision of technical guidelines for accepting intellectual property as financing collateral. The development of the technical guidelines needs to be done immediately considering that the regulation is a form of the implementation of the bank's prudential principle as the main principle of the banking sector. The position of the technical guidelines for financing based on intellectual property as financing collateral is to ensure the certainty of the bank in carrying out the financing. The problem arises when banks do not have the authority to make the technical guidelines themselves. Thus, the role of the Financial Services Authority as the banking sector regulator is required. The Financial Services Authority needs to exercise its authority as a regulator in preparing technical guidelines for intellectual property-based financing as an implementing regulation for banks. However, to be able to first create certainty for banks in accepting intellectual property as collateral, OJK can include intellectual property as collateral that can be calculated as a deduction in the calculation of PPKA by amending the Financial Services Authority Regulation Number 40/POJK.03/2019 concerning Asset Quality Assessment of Commercial Banks.
Tinjauan Yuridis terhadap Hak dan Kewajiban Notaris dalam Era Digitalisasi: Analisis Undang-Undang Jabatan Notaris Nomor 2 Tahun 2014 dan Regulasi Tambahan Retno Damayanti
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.5.3.10758.1242-1249

Abstract

The digitalization era has brought significant changes to various aspects of life, including the notary profession. This study aims to analyze the rights and obligations of notaries in the digital era based on the Notary Position Law No. 2 of 2014 (UUJN) and to identify regulatory gaps between UUJN and the Electronic Information and Transactions Law (UU ITE). The methodology used is a normative juridical approach, focusing on the analysis of positive law within UUJN and additional regulations related to digitalization. The findings reveal that UUJN currently does not fully accommodate the use of digital technology in notary practices, posing new challenges in data security, digital document authentication, and the validity of digital signatures. Furthermore, the weak integration between UUJN and UU ITE creates legal uncertainty for notaries in performing their duties in the digital age. The recommendations of this study include revising UUJN, establishing digital security standards, and providing specialized training for notaries to adapt to technological developments. With more adaptive regulations, it is hoped that the notary profession can effectively fulfill its function and maintain public trust.
Kewenangan Notaris/PPAT Melaksanakan Jasa Escrow Pembayaran Bea Perolehan Hak Atas Tanah dan Bangunan Kadek Krisnanda Pandi Putri; I Wayan Novy Purwanto
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.5.3.10799.1250-1256

Abstract

Revenue from taxation, constituting the primary financial resource of a nation, mandates compliance from all taxpayers. Among the requisite fiscal impositions, the BPHTB Tax applies to transactions involving the acquisition of land and building rights. In this context, the Notary/PPAT, who serves as a public functionary in creating authentic transactional deeds, is frequently empowered by the involved parties to both hold tax payment funds in trust and to facilitate the payment of BPHTB Tax upon due. This function is recognized as Escrow Services. The focal legal question of this study concerns both the regulatory vacuum surrounding the authority granted to Notary/PPAT to administer BPHTB Tax payment via Escrow Services, and the nature of the accountability that must be assumed by Notary/PPAT when such services are exploited for personal gain. The approach employed in this scholarly endeavor constitutes a normative legal examination, concentrating primarily on the scrutiny of statutes. The principal subject of investigation is the norms and regulations stipulated within these legislative documents. The acquisition of legal information is executed through an analysis of documents or by conducting literature reviews. Subsequently, the amassed legal data undergoes analysis via a qualitative methodology. This study underscores the critical need for precise stipulations and restrictions concerning the Authority vested in Notary/PPAT. This regulation is perceived as possessing significant urgency in bestowing legal certainty upon all involved entities. It is articulated within Article 15 of the UUJNP that the Notary/PPAT lacks the authority to execute Escrow Services. Moreover, in an expression of accountability, Notary/PPAT who exploit the authority associated with Escrow Services dispensed by the parties will face criminal and administrative penalties.

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