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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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Perlindungan Konsumen Terkait Praktik Pemasaran Yang Menyesatkan Melalui Media Digital Di Indonesia (Studi Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen) Risky Tara Nabita Sari; Satino Satino
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.5.3.10828.1171-1180

Abstract

Consumer protection serves as a legal effort to guarantee consumers’rights to clear, accurate, and non-misleading information. This study discusses misleading marketing practices in digital media and the legal protections provided to consumers in Indonesia under the Consumer Protection Act (UUPK) Number 8 of 1999. The objective of this study is to understand how existing regulations govern digital marketing and address the frequent issues that disadvantage consumers. The research method employed is normative juridical, using legal materials such as legislation, books, legal journals, and other scholarly articles. The findings indicate that while digital marketing significantly aids business actors in expanding their operations, consumers often find themselves in a vulnerable position as promotional information does not always align with reality and can be misleading. With the growing use of digital media as a marketing platform, there is an increasing need for strict regulations and effective complaint mechanisms to protect consumer rights. This study, alongside the enactment of the aforementioned law, aims to raise awareness among business actors regarding their responsibility to provide honest and transparent information, ultimately fostering a healthy business environment
Analisis Hukum Terhadap Praktik Insider Trading di Pasar Modal Indonesia: Tantangan dan Solusi  Alexander Kennedy; Sophia Al Hikmah; Ida Bagus Gede Satya Wibawa Antara
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.5.3.10848.1257-1267

Abstract

Indonesia's capital market has experienced significant growth, becoming a crucial pillar in supporting the national economy. However, maintaining market integrity and public trust is essential, as unfair trading practices like insider trading undermine transparency and fairness. Insider trading, involving the use of non-public material information for personal gain, continues to challenge Indonesia’s regulatory environment despite legal frameworks such as the Capital Market Law (Law No. 8 of 1995) and OJK regulations. This study aims to provide a comprehensive legal analysis of insider trading practices in Indonesia's capital market by identifying enforcement challenges, examining regulatory weaknesses, and proposing strategic solutions. Using a normative juridical approach with case studies, this research investigates real insider trading cases and evaluates regulatory and enforcement gaps. Findings indicate that limited resources, technological constraints, and unsynchronized regulations hinder effective enforcement. Furthermore, cultural factors such as low ethical awareness and prevalent nepotism in business exacerbate the issue. The study recommends strengthening regulations, investing in advanced monitoring technologies, and fostering ethical awareness among market participants. These measures are essential for building a fairer and more transparent capital market. Enhanced law enforcement, combined with cultural shifts towards ethical business practices, can protect market integrity, foster investor trust, and contribute to Indonesia’s economic stability and growth. This research contributes valuable insights to policymakers, regulators, and capital market stakeholders in developing a stronger legal and operational framework against insider trading in Indonesia.
Problematika Verifikasi Partai Politik Peserta Pemilu: Urgensi Perubahan dan Konsep Perbaikan Regulasi Atmaja Wijaya; Rakha Imadi Fadli
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.5.3.10856.1268-1275

Abstract

This research examines problems related to the verification process of political parties participating in the 2024 election, namely where there are differences in the verification process given to parliamentary and non-parliamentary political parties or new political parties. Where the parliamentary party does not go through a factual verification process, only through administrative verification. Meanwhile, new or non-parliamentary political parties must go through an administrative verification process and also factual verification. The aim of this research is to explain the problems in the verification process both in terms of normative and impellative rules in the field. This research is included in the category of normative legal research, which reviews and examines statutory regulations. The approach used is a statutory approach, which is used to examine the problems of verifying political parties participating in elections. The findings and results in this research are important for improving regulations related to the verification of political parties participating in elections, by including that there are no differences in the verification process for political parties to become election participants, so that there is no discrimination and for the sake of justice and legal certainty, the regulations can be improved. regulated at the same level as the Election Law which is based on the Election Law.
Nilai-Nilai Keadilan Dalam Hukum Adat dan Hukum Keluarga Islam Pada Masyarakat Adat Kampung Naga Tasikmalaya Muhamad Indanus; Sugianto Sugianto
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.5.3.10891.1276-1283

Abstract

This research discusses the values of justice in customary law and Islamic family law implemented by the indigenous people of Kampung Naga Tasikmalaya. The Kampung Naga community has a strong customary law system, but also adheres to Islamic teachings, so there are efforts to harmonize customary law with the principles of Islamic family law. This research aims to understand the concept of justice in customary law in Kampung Naga, identify the values of justice in Islamic family law implemented in Kampung Naga, identify areas of similarities and differences between the two legal systems, and explore how the people of Kampung Naga harmonize the two in their lives. daily. Based on the research results, it was found that there is common ground in the value of justice which is achieved through cultural and religious dialogue, although some differences are maintained as a form of respect for the cultural identity of indigenous peoples.
Konsep Ekowisata Sebagai Role Model Pengembangan Kawasan Daya Tarik Wisata (DTW) Pada Pengelolaan Subak Perkotaan Denpasar Dalam Perspektif Hukum Kepariwisataan Dewa Agung Gede Mahardhika Martha; I B. Gede Agustya Mahaputra; I Made Aditya Mantara Putra
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.5.3.10996.1284-1291

Abstract

Tourism is an essential resource for regions that serve as tourist destinations. Indonesia, rich in culture and tourism, boasts a wide range of tourist sites spread across its provinces. One of Indonesia's premier tourist destinations is Bali, an island known for its unique natural and cultural wealth that attracts visitors from around the world. However, tourism development often conflicts with environmental preservation, such as the lack of attention to subak (traditional irrigation systems) in urban areas. Subak, with its cultural foundations, has the potential to be developed into tourist attractions (DTW). Therefore, the concept of ecotourism is seen as a suitable approach for developing tourism attractions in urban subak areas.This research focuses on the role of ecotourism as a model for developing tourism attractions within urban subak systems and the implications of this model based on tourism law principles in Denpasar. The research employs normative legal methods, using both statutory and conceptual approaches. The expected findings aim to serve as a foundation for formulating policies and strategies to develop ecotourism in Denpasar's urban subak areas. These policies and strategies should be grounded in tourism law principles while addressing aspects that need improvement for effective ecotourism implementation in urban subak areas.
Disharmonisasi Pengaturan Pengelolaan Wilayah Izin Usaha Pertambangan Khusus bagi Organisasi Masyarakat Keagamaan di Indonesia Egi Rivaldi Gumilar; Rianda Dirkareshza
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.5.3.11161.1292-1301

Abstract

Exploration of mining wealth is an effort to accelerate the economy. Polemics arise when PP 25/2024 and Perpres 76/2024 are juxtaposed with positive law in the form of laws that have a higher hierarchical position. The three religious community organizations that have received WIUPK concession offers are Nahdlatul Ulama, Muhammadiyah, and Persatuan Islam. Mining concessions are often wrapped in political nuances, even allegedly ridden by the interests of certain groups. Leading to a number of controversies that arise, it is interesting to discuss the regulation of special mining business permit areas for religious community organizations in Indonesia and related to efforts to harmonize laws and regulations regarding the management of special mining business permit areas for religious community organizations as a concrete step to realize people's welfare. This research is qualitative and juridical-normative type. The research approach used is conceptual and legislation. The enactment of PP 25/2024 is a responsive effort accommodated by the government regarding the WIUPK arrangement. The issuance of Perpres 76/2024 states that WIUPK is a former PKP2B area that is given priority to religious mass organizations in order to promote community welfare. However, there are a number of risks that the involvement of religious community organizations could potentially result in conflicts of interest and have a negative impact on social and environmental balance. Despite normative controversy, this policy distributes benefits and provides access to natural resources previously controlled by large entities. Concrete steps that can be taken are harmonizing applicable regulations, such as revising the Minerba Law and the Ormas Law, or drafting inclusive and specific implementing regulations. Thus, religious community organizations can understand the technical, economic, and socio-environmental aspects of mining management, and are able to be responsible for realizing people's welfare.
Doktrin Single Economic Entity dalam Perluasan Pengawasan Persaingan Usaha secara Ekstrateritorial di Indonesia Dirwansyah Dirwansyah
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.5.3.11461.1326-1336

Abstract

The ambiguity of the single economic entity doctrine in Indonesian competition law leads to the perception that it is neither recognized nor applied, hindering enforcement. To avoid formal debates on absolute competence and reduce legal voids causing uncertainty, explicit and written regulation of this doctrine is necessary. As a civil law country, the inability of foreign holding companies to be accountable for anti-competitive control over subsidiaries creates legal uncertainty. Ideal parameters for assessing a single economic entity include economic interest relationships through share ownership and joint ventures, and business decision independence. Controlled entities are viewed as representatives of controlling entities. The doctrine aims to identify primary anti-competitive actors. If controllers prove the absence of anti-competitive instructions, they may be exempt from accusations. Penalties for controlling entities should not exceed those for controlled entities.
Peran Kepolisian Dalam Upaya Penegakan Hukum Atas Tindak Pidana Begal Bermotor di Sumatera Utara (Studi Pada Polrestabes Medan) Andi Putra Silaban; Maswandi Maswandi; Azwir Agus
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.5.3.11487.1318-1325

Abstract

Indonesia is a country based on law, so every act that violates legal norms in society must be given sanctions according to applicable law. The crime of motorcycle theft committed by muggers is one of the crimes that often occurs in the midst of community life. The role of law enforcement is to make efforts to uphold or function legal norms and provide a sense of security and order in the midst of community life. Based on Article 365 of the Criminal Code, namely a criminal act preceded, accompanied or followed by violence or threats of violence, against people. The obstacles experienced by the Medan Police in revealing the case of the robbery of a motorbike by a mugger are inadequate logistical needs, an indifferent community and the clarity of the victim in providing a report regarding the process of the robbery they experienced. Furthermore, efforts to overcome these obstacles include additional budget funds to overcome the perpetrators of the mugging, socialization to the community regarding the robbery committed by the mugger and taking special steps in handling the mugging case.
Tinjauan Yuridis SEMA Nomor 2 Tahun 2023 Mengenai Larangan Perkawinan dari Agama yang Berbeda di Indonesia dan Dampak Hukumnya R. Rizki; Ongko Surya; Kenny Cendana; Felix Salim
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.6.1.11499.19-30

Abstract

Interfaith marriage has become a controversial issue that causes legal emptiness and uncertainty within the Indonesian legal system. This is due to the legal conflict between the Marriage Law, which prohibits interfaith marriages, and the Population Administration Law, which allows interfaith marriages under the condition of a court decision. To resolve this issue, the Supreme Court issued Circular Letter Number 2 of 2023 on July 17, 2023. However, in practice, applications for the registration of interfaith marriages are still granted, as evidenced by the North Jakarta District Court Decision No. 423/Pdt.P/2023/PN Jkt.Utr on August 8, 2023. This study employs a normative juridical method with a qualitative, descriptive analytic approach, relying on secondary data sources including primary and secondary legal materials. Since SEMA holds a lower position in the hierarchy of regulations, beneath the Law, it is subject to the principle of "lex superior derogat legi inferior" applies, meaning that higher regulations will override lower ones. There is also a loophole for conducting interfaith marriages, such as marrying in a country that permits such marriages and then registering and recording the marriage certificate in Indonesia. However, its implementation still does not provide legal certainty, and therefore, a specific regulation at the level of the law is needed to govern interfaith marriages.
PELAKSANAAN LELANG TANPA PEMBERITAHUAN PADA PIHAK KETIGA PEMBERI JAMINAN PADA PUTUSAN MA NO. 1497k/Pdt/2001 Rudy Hartono; Miranda Lumban Tobing; Lidia Novianti Sidabutar; Hakiket Singh Deol
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.6.1.11575.1-9

Abstract

An agreement has clauses that are formed through agreement between interested parties, as well as lending and borrowing activities involving an agreement and cooperation between creditors and debtors. Banking as a creditor adheres to the principles of trust and prudence in providing credit facilities to debtors or customers. The presence of mortgage rights or collateral objects functions to reduce the risk of bad credit. So that banks as recipients of mortgage rights have the authority to carry out parate executions or submit auction requests through Pengadilan Negeri. However, in its implementation, errors, inappropriateness and non-compliance with the law often occur in complying with applicable regulations. This research uses a normative juridical approach with a study method that focuses on the application of law in society. This research uses source collection through literature study and applicable laws and regulations. By describing phenomena or cases that occur in the field in depth, as well as analyzing cause and effect and influencing factors. The results of the research show that there were errors or errors in the implementation of auctions or sales in public which were detrimental to the mortgage rights giver. Carrying out an auction that ignores the applicable instructions and provisions causes losses to the third party giving the mortgage rights. The enactment of Law no. 4 of 1996 Tentang Hak Tanggungan Atas Tanah Beserta Benda-benda Yang Berkaitan Dengan Tanah provides certainty and justice, and gives the creditor the right to execute the collateral object if the debtor not carrying out the contract, but in practice errors often occur both procedurally and substantially.

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