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Contact Name
Indah Permatasari
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interpretasihukumjurnal@gmail.com
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+6282341417215
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interpretasihukumjurnal@gmail.com
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Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239
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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,
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
Pencegahan Tindak Pidana Kolusi dan Nepotisme Guna Menegakkan Supremasi Hukum di Indonesia Raden Joa Kansha Ramadhan Ladar Sirair; Sasmini Sasmini
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.5.3.11624.1337-1344

Abstract

Corruption is a serious crime that threatens national stability, the economy, democracy, and the rule of law. In Indonesia, weak enforcement of Law No. 28 of 1999 hampers anti-corruption efforts. Collusion and nepotism, driven by the abuse of power for personal or group interests, further exacerbate corruption. This study analyzes the law’s effectiveness in addressing these issues and formulates optimal prevention strategies. Using a normative legal approach and literature study, the findings reveal that weak law enforcement, inadequate oversight, and lenient sanctions contribute to high corruption levels. Strengthening law enforcement, improving oversight mechanisms, and imposing stricter sanctions are essential policy reforms. By enhancing legal frameworks and enforcement strategies, collusion and nepotism can be mitigated, strengthening Indonesia’s anti-corruption efforts. A more robust legal system will foster transparency, accountability, and good governance, ultimately reducing corruption and promoting national stability.
Analisis Yuridis Terhadap Pembelian Unit Hunian yang Mengandung Obscuur Libel Berdasarkan Putusan No. 200/Pdt.G/Pn.Jkt.Utr R Robinson; Krisdayanti Sirait; Pebi Gresia Br Manjorang; Febiola Br. Ginting
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.5.3.11677.1302-1311

Abstract

A residential unit is a unit of a house or dwelling that is used as a shelter and residence for humans. Residential units include various shapes and sizes designed to meet the needs of individuals or groups. This residential unit shows the importance of fair and inclusive housing policies so that all levels of society have access to decent, safe, and comfortable housing, and encourages equitable infrastructure development throughout the region. The process of purchasing a residential unit requires important procedures to ensure that transactions between consumers and developers are clear and safe. The researcher uses an empirical legal research method. This method refers to legal provisions and the application of regulations to problems that occur in the field. This study uses data sourced from a descriptive analytical Literature Study. The results of the study show that there are many things that need to be reviewed by consumers and developers before making an agreement. This aims to avoid the emergence of default by the parties. In this context, default occurs when one party does not fulfill the agreed obligations, either in whole or in part, or fulfills the obligations in a manner that is not in accordance with the provisions of the agreement. The results of this study also show that the lawsuit filed is an Obscuur Libel lawsuit, namely a lawsuit that is unclear, vague and contrary to the formal requirements in the provisions of legal procedures. Because of its hidden or vague nature, this can be a challenge in proving in court, because it requires further interpretation as to whether the information is indeed detrimental. This term is often used in the context of criminal or civil law to describe a form of dissemination of information that is detrimental to someone, but the method of dissemination is not direct or open.
Analisis Yuridis Restorative Justice Dalam Perkara Tawuran Antar Pelajar di Kota Medan R. Rizki; Kevin Christian Simanjuntak; Ridho Perdana Sembiring
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.5.3.11684.1312-1317

Abstract

Student brawls are a social phenomenon that continues to occur in various regions, including Medan City. This phenomenon is not merely a conflict between individuals or groups but also reflects various social, economic, and cultural factors that contribute to the formation of aggressive behavior among teenagers. Student brawls often lead to violence, destruction of public facilities, and even casualties. Therefore, a legal approach is needed that not only emphasizes a repressive aspect through criminal prosecution but also an alternative approach that focuses more on recovery and prevention, one of which is Restorative Justice.The Restorative Justice approach in Indonesia’s juvenile criminal justice system is regulated under Law Number 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA). This concept prioritizes case resolution through mediation and dialogue between offenders, victims, and the affected community. Restorative Justice aims to restore disrupted social relationships due to criminal acts, provide offenders with the opportunity to take responsibility for their actions, and minimize the negative impact of the conventional criminal justice system on children in conflict with the law.
Analisis Hukum Putusan Nomor 27/Pdt.Sus-PHI/2022/PN.Jkt.Pst. Tentang Pemecatan Karyawan Secara Sepihak Emir Syarif Fatahillah Pakpahan; Serli Tarigan; Ryenza Nafisah Az Zahra; Suci Rahma Dini
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.6.1.11729.10-18

Abstract

Unilateral termination of employment (PHK) is a crucial issue in industrial relations that can create legal uncertainty for both workers and employers. Although Indonesia’s labor regulations have established PHK procedures, discrepancies remain between normative provisions and their implementation, particularly concerning worker protection. This study aims to analyze Decision Number 27/Pdt.Sus-PHI/2022/PN.Jkt.Pst. to assess compliance with applicable regulations and its impact on workers affected by unilateral PHK. This research employs a normative juridical method with a case study approach and an analysis of relevant legislation. The findings indicate that the decision reinforces the importance of legally compliant PHK procedures and provides protection for disadvantaged workers. Further analysis reveals that inconsistencies in rule enforcement by employers are a primary factor leading to labor disputes. Therefore, this study highlights the need to strengthen legal enforcement mechanisms and worker protections to create a fairer and more balanced industrial relationship.
Arah Politik Hukum Pengawasan Obat dan Makanan di Indonesia (Studi Harmonisasi dan Sinkronisasi Kelembagaan serta Kewenangan BPOM dan Kementerian Kesehatan) Farina Firda Eprilia; Mei Susanto
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.6.1.11740.85-96

Abstract

The aim of this research is to analyze the legal policy  of drug and food control in Indonesia. This is because drug and food supervision is the competence of BPOM but also needs to coordinate with the Ministry of Health. Apart from that, the issue of sectoral ego arises between the two when handling a case. The urgency of this research is to build and achieve compliance with public health. This research uses a normative juridical method using a statutory regulation approach, conceptual approach, case approach and comparative approach. In addition to photographing the existing conditions of drug and food supervision, this study can offer a type of legal policy for institutional arrangements between BPOM and the Ministry of Health so that they become synchronized and harmonious. In addition, this study also provides recommendations in the form of the need for joint regulations between BPOM and the Ministry of Health regarding overlapping drug and food supervision authorities. This study is expected to help improve drug and food supervision because it starts from the clarity of its legal policy accompanied by updates to regulations and authorities between institutions.  
Restorative Justice Sebagai Solusi Over Capacity di Lembaga Pemasyarakatan Kelas II A Cilegon Aslinda Aprilita Riski; H. Hasuri
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.6.1.11785.77-84

Abstract

Overcapacity in Cilegon class IIA correctional institutions is a serious problem that has negative impacts, such as worsening the health conditions of inmates, increasing the potential for conflict, and decreasing the effectiveness of coaching programs. The solution that is starting to be implemented is a restorative justice approach, which emphasizes recovery for victims, accountability for perpetrators, and community involvement in resolving criminal cases. Even though the concept of restorative justice has been widely discussed in legal and policy literature, its implementation in the field still faces various challenges. This research aims to analyze the application of restorative justice as a solution in reducing the number of residents in Cilegon class IIA correctional institutions. This research method is empirical juridical legal research that focuses on the implementation of regulations in practice. The approach used is sociological juridical and analytical descriptive specifications. The data used is primary data and is supported by secondary data with qualitative data analysis. The application of rhetorical justice in resolving criminal cases experiences a major obstacle, namely the failure to reach an agreement between the victim and the perpetrator so that they have to resort to litigation in resolving a case which has an impact on overcapacity in correctional institutions. The results of the research show that resolving cases through restorative justice cannot be fully implemented to overcome the problem of overcapacity in class IIA Cilegon community institutions, however Cilegon city law enforcers always try to resolve cases using restorative justice.  
Teknologi Three-Parent Baby dan Implikasinya terhadap Nasab Perspektif Sadd adz-Dzari’ah Nida Rafiqa Izzati; N. Nurnazli; Abdul Qodir Zaelani; M. Natsir Asnawi; Rezkia Zahara Lubis
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.6.1.11831.97-107

Abstract

The Three-Parent Baby Technology (TPBT) is a medical innovation aimed at preventing the hereditary transmission of mitochondrial disorders by combining genetic material from two women and one man. While offering a health solution, this technology raises significant issues in Islamic law, particularly regarding lineage clarity (nasab). This study addresses three main focuses: first, the concept and development of TPBT in medical science; second, the principle of sadd adz-dzari’ah as a method of legal determination in Islam; and third, the analysis of TPBT from the sadd adz-dzari’ah perspective and its implications for lineage in Islamic family law. Employing a qualitative approach through library research, this study draws from primary and secondary sources in Islamic legal discourse. The findings indicate that while TPBT is clinically effective, it remains uncertain in terms of long-term safety. In Islamic law, sadd adz-dzari’ah functions as a legal method that prevents harm by closing avenues leading to potential damage (mafsadat). From this perspective, TPBT risks obscuring lineage, violating Sharia principles of reproduction, posing long-term health risks (for both the woman undergoing the procedure and the resulting child), exploiting women, enabling genetic engineering abuse, and conflicting with the concept of qadha and qadar. Based on its inherent potential for harm, TPBT falls into the category of acts that are intrinsically prohibited due to their destructive nature. Scholars agree that such actions must be prevented. Therefore, through the lens of sadd adz-dzari’ah, TPBT is assessed as causing more harm than benefit and is deemed inappropriate for implementation in Islamic family law.
Permasalahan Regulasi Penanganan Dumping di Indonesia dan Potensi Praktik Persaingan Tidak Sehat Melalui Upaya Anti-Dumping Sarah Amalia Nursani
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.5.3.11844.1345-1353

Abstract

International trade is one activity that is inevitable. Through international trade, a country's economic growth has the possibility to grow faster, opening up opportunities to attract investors into Indonesia which will then have the opportunity to create jobs and reduce unemployment in Indonesia. However, despite its positive impact, international trade has problems that can be a double-edged sword. One of them is the application of anti-dumping policies to prevent dumping, which raises the potential for unfair business competition practices and makes the quality of Indonesian products unable to compete because it opens the potential for domestic companies to take advantage of the policy. Moreover, dumping is not a difficult practice to prove considering the number of anti-dumping measures that have been counter-sued by countries suspected of dumping. The research method that will be used to analyze these matters is the doctrinal legal research method to examine the regulations in Indonesia governing dumping including examining some of the weaknesses of the application of these rules.
Aspek Hukum Ganti Rugi Atas Dampak Pencemaran Lingkungan Oleh Industri Cholilah Hanum
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.6.1.11859.52-60

Abstract

This study is entitled "Legal Aspects of Compensation for the Impact of Environmental Pollution by Industry" which aims to examine three main problem formulations, namely: (1) the legal consequences of environmental pollution according to Law No. 32 of 2009 concerning Environmental Protection and Management; (2) the process of accountability in providing compensation for environmental pollution according to the Law; and (3) efforts made by the Environmental Service of Mandailing Natal Regency in preventing environmental pollution in the community. This study uses a normative legal method, namely legal research that focuses on the study of norms or legal rules that apply in laws and regulations, as well as relevant literature. This study aims to systematically and comprehensively analyze the application of law to the problems faced. The results of the study indicate that the legal consequences of environmental pollution according to Law No. 32 of 2009 include administrative, criminal, and civil sanctions. Efforts made by the Environmental Service of Mandailing Natal Regency involve an educational approach to the community, supervision of industry, and law enforcement against environmental violations
Kerangka Hukum Keberhasilan Good Corporate Governance Layanan dan Proses Pemerintahan dan Perusahaan di Finlandia Chandra Erick Manaek Pandapotan Lumban Gaol; Elisantris Gultom; Kardoman Tumangger
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.6.1.11871.108-119

Abstract

Good governance, both corporate and public, is a crucial foundation for legitimacy, accountability, efficiency, public trust, and a nation's sustainable development. Finland is widely known as a country with leading governance practices. However, juridical analysis that comprehensively integrates the legal framework of corporate GCG and public governance within a single national legal system like Finland's is still rarely found in the literature. This research aims to deeply and systematically analyze the formal legal and soft law frameworks that shape, regulate, and enforce the principles of corporate and public governance in Finland. Using a normative legal research method with statutory, conceptual, and institutional approaches, this study examines primary Finnish legal sources and relevant literature. Main findings indicate Finland possesses a robust and layered governance legal architecture. Corporate GCG is governed by the Companies Act and reinforced by the Finnish CG Code (comply or explain principle), emphasizing transparency and board accountability. Public governance is based on the Constitution and strong administrative law (Administrative Procedure Act, Act on Openness), upholding legality, public service, and transparency, overseen by independent bodies like the Ombudsman. A strong emphasis on ethics and integrity cuts across both sectors. As a result, Finland's legal framework demonstrates coherence and a strong commitment to implementing good governance principles in private and public spheres, creating a mutually reinforcing, trustworthy governance ecosystem that offers valuable insights for other countries.