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Contact Name
Indah Permatasari
Contact Email
interpretasihukumjurnal@gmail.com
Phone
+6282341417215
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interpretasihukumjurnal@gmail.com
Editorial Address
Jl. Terompong No.24, Sumerta Kelod, Kec. Denpasar Tim., Kota Denpasar, Bali 80239
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Kota denpasar,
Bali
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
Perlindungan Hukum Rahasia Dagang dan Hak Paten Produk dalam Kontrak Kolaboratif Rantai Pasok Hulu-Hilir Chandra Erick Manaek Pandapotan Lumban Gaol; Etty Mulyati; Christianto Tonggo Arisepebra Sigalingging
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.210-219

Abstract

Collaboration in upstream-downstream supply chains is crucial for efficiency and innovation, yet it involves the exchange of valuable trade secrets and patented technologies. Although Indonesia's Intellectual Property Rights (IPR) legal framework exists, literature often lacks integration of simultaneous protection for Trade Secrets and Patents within the complexity of collaborative supply chain contracts, creating a gap between legal theory and the practical need for intellectual asset protection in business collaborations. This study aims to analyze how Indonesian positive law can serve as a foundation and how contracts can be designed as the primary instrument to provide optimal simultaneous legal protection for Trade Secrets and Patent Rights within the context of collaborative upstream-downstream supply chain agreements. It employs a normative legal research method with statutory, conceptual, and analytical approaches towards the Trade Secret Law, the Patent Law as amended by the Job Creation Law, the Civil Code, and secondary legal materials. Key findings indicate that effective protection requires a combination of proactive efforts by IPR owners (maintaining confidentiality, registering patents) and precise contract drafting, encompassing specific clauses regarding IPR definitions, confidentiality, licensing, ownership of joint inventions, and dispute resolution. The results affirm that the synergy between compliance with formal IPR regimes and meticulous drafting of collaborative contracts is a vital strategy for managing risks and protecting intellectual assets, serving as a risk management tool, clarifying expectations, and providing an additional legal basis within Indonesian supply chains.
Tantangan dan Peluang: Paradigma Pemidanaan Mengenai Restorative Justice Sebagai Rechterlijke Pardon Dalam KUHP Nasional Andi Annisyah Tenri Sanna
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.6.1.11975.61-76

Abstract

This article discusses a paradigm shift in sentencing in the application of Restorative Justice and Judicial Pardon (Rechterlijk Pardon). The aim of this discussion is to determine the qualification of differences in a sentencing concept using the RJ (Restorative Justice) approach and Rechterlijke Pardon, and whether they can be applied simultaneously or separately. The method used in this study is doctrinal research, focusing on the study of rules, principles, and norms related to the resolution of criminal cases. The results of this study indicate that Restorative Justice and Judicial Pardon have distinct aspects; however, in essence, Rechterlijke Pardon originates from a restorative justice approach. It can be stated that both Rechterlijke pardon and restorative justice operate in parallel. The 2023 Criminal Code (KUHP) also shows that Rechterlijke pardon and restorative justice should be aligned with the Criminal Procedure Code (KUHAP).
Pemenuhan Hak Penyandang Disabilitas Dalam Memperoleh Pekerjaan Pada Instansi Pemerintah di Kota Ternate Salha Marasaoly; Sri Indriyani Umra; Ainurafiqa Pelupessy
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.6.1.11979.40-51

Abstract

Persons with disabilities face numerous barriers, particularly in accessing information, healthcare, transportation, infrastructure, and employment opportunities. This study aims to analyze the fulfillment of the right to work for persons with disabilities in government institutions in Ternate City and to identify the factors that hinder their access to the job market. The 1945 Constitution and Law No. 8 of 2016 on Persons with Disabilities guarantee the right to employment by setting a minimum quota of 2%. However, the implementation of this policy in Ternate City has not yet met the expected target. This research employs a legal and conceptual approach using qualitative methods. The findings identify several key factors that hinder persons with disabilities from obtaining suitable employment, including low levels of education, limited access to job vacancy information, a lack of skills training programs, and low self-confidence due to stigma and discrimination. These findings highlight the crucial role of the government and policymakers in creating a more inclusive work environment.
Bentuk Perlindungan Hukum PPAT Penerima Protokol sebagai Turut Tergugat dalam Sengketa Akta di Pengadilan Alifia Jasmine; Benny Djaja
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.6.1.12042.31-39

Abstract

This research examines the legal position and protection of Land Deed Officials (PPAT) receiving protocols in Indonesia's land law system. PPAT plays a vital role in creating and storing authentic land deeds. When a PPAT retires or passes away, the deed protocols must be transferred to a successor PPAT. However, in practice, PPAT receiving protocols often face legal disputes over deeds prepared by their predecessors, despite having no involvement in their creation. Using a normative juridical approach, this study analyzes relevant regulations and the case study of PN Medan Decision No. 254/Pdt.G/2023/PN Mdn. The findings reveal that the responsibility of PPAT receiving protocols should be purely administrative, limited to document storage rather than the substance of the deeds. Nevertheless, the lack of clear regulations creates legal uncertainty and leaves receiving PPAT vulnerable. Therefore, this study recommends enacting specific regulations to limit the liability of PPAT receiving protocols to administrative aspects only, along with establishing legal protection through professional organizations and related institutions to prevent injustice in handling legal disputes.
Kasus Mutilasi Dan Pengecoran Mayat di Tembalang Semarang Studi Putusan Nomor (528/pid.B/2023/PN smg) Muhammad Rifai; M Harun; Riza Febriani
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.6.1.12864.162-172

Abstract

This study discusses criminal liability for perpetrators of murder accompanied by mutilation and corpse encasement, focusing on Decision Number 528/Pid.B/2023/PN Smg. The main issue in this research is the absence of explicit regulation on mutilation in the Indonesian Penal Code (KUHP), causing such acts to be classified under murder provisions, particularly Articles 338, 339, or 340 of the KUHP. The objective of this study is to analyze how Indonesian criminal law constructs criminal responsibility in complex murder cases involving post-crime acts such as mutilation and concealment. This research uses a normative legal method with a qualitative approach through literature review. The findings show that in this case, the judge did not regard mutilation as a standalone crime but as part of a murder preceded or accompanied by another criminal act under Article 339 of the KUHP. Although the defendant mutilated and encased the victim’s body to cover up the crime, the element of premeditation required by Article 340 was considered absent due to the lack of a calm and calculated plan. Consequently, the defendant was sentenced to 20 years in prison. This research highlights the need for reform in Indonesia’s penal law to adequately respond to the complexity of modern criminal behavior.
Cryptocurrency (Mata Uang Digital) Sebagai Alat Pembayaran Dalam Transaksi Perdagangan Elektronik (E-Commerce) I Putu Suwantara; I Made Aditya Mantara Putra
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.6.1.12899.148-161

Abstract

The advancement of digital technology has led to the emergence of virtual currencies, notably cryptocurrency, which are increasingly used as a means of payment in electronic commerce (e-commerce) transactions. Although gaining popularity among businesses and the public, the use of cryptocurrency as a payment method is not yet legally recognized in Indonesia. Law Number 7 of 2011 on Currency stipulates that the Rupiah is the only legal tender within the territory of the Republic of Indonesia. This study aims to examine the legality of cryptocurrency in e-commerce transactions and the legal protection available for businesses that use it. The research employs a normative juridical method with statutory and conceptual approaches. The findings indicate that although cryptocurrency has been acknowledged as a tradable commodity on futures exchanges through Bappebti regulations, it is not recognized as an official payment instrument. This creates legal uncertainty and potential legal risks for business actors. Therefore, more specific and integrated regulation is urgently needed to legally govern the use of cryptocurrency in Indonesia, in order to ensure legal certainty, consumer protection, and prevent misuse in digital economic activities.
Problematika Kewenangan Pemberian Izin Investasi antara Pemerintah Pusat dan Pemerintah Daerah Pasca Berlakunya Undang-Undang Cipta Kerja Kadek Nadya Pramita Sari; Anak Agung Gede Ananta Wijaya Sahadewa
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.6.1.12900.134-147

Abstract

Law number 11 of 2020 on Job Creation brings fundamental changes in the division of authority between the Central Gorvernment and Regional Governments, especially in terms of granting investment lincences. Through the Omnibus Law approach, this law aims to simplify regulations to improve the investment climate, but simultaneously result in the centralization of authority that was previously in the hands of local governments. This study aims to analyze the impact of this shift in authority on the principle of regional autonomy as stipulated in the 1945 Constitution and the Region Government Law. The method used is normative legal research with a legislative and descriptive-analytical approach. The results show that the authority of local governments in granting investment licences has been significantly restricted, both substantively, due to new provisions in the Job Creation Law and its implementing regulations. This centralization has implications for the potential erosion of regional independence, creates legal uncercainty and obscures the principles of decentralization. These fingdings emphasize the need to strengthen derivative regulations that ensure balanced coordination between the center and regions, to ensure that investment continues without compromising regional autonomy.
Penyelesaian Sengketa Adat Berbasis Lima Bassiq Dalam Masyarakat Hukum Adat Adolang di Kabupaten Majene Sulastri Yasim; Andi Tamaruddin; Patly Parakkasi
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.6.1.13326.180-189

Abstract

The Lima Bassiq serves as the guiding principles of life for the Adolang Indigenous Law Community in Majene Regency, rooted in the values of tutu bali-wali (considering humanity), saqbi bali-wali (openness), oro bali-wali (deliberation), palalo bali-wali (justice), and mammakkoq di gau tongan (doing good deeds). These principles form the foundation for customary dispute resolution and have been formally recognized through Majene Regent Decree No. 100.3.3.2/X/2024 concerning the Recognition and Protection of the Adolang Indigenous Law Community, mandated by Article 8 paragraph (2) of Majene Regency Regional Regulation No. 1 of 2023 on the Recognition, Protection, and Empowerment of Indigenous Law Communities. This study aims to examine dispute resolution mechanisms based on the Lima Bassiq, analyze their relevance within the framework of national law, and situate them within the perspective of restorative justice. Employing an empirical legal research method, this study integrates the analysis of official documents, literature on customary law, and interviews with traditional leaders. The findings reveal that the Lima Bassiq effectively preserves social harmony through dispute resolution mechanisms oriented toward restoring relationships, aligning with restorative justice policies under positive law.
Analisis Dampak Perkembangan Transformasi Bisnis Digital Terhadap Kepastian Hukum Pelaku UMKM Widadatul Ulya; Hana Afifah; Dyah Awaliyah Mar'ah
Jurnal Interpretasi Hukum Vol. 6 No. 2 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.2.2025.226-236

Abstract

Government policies related to business activities should not only focus on legal protection but also ensure legal certainty for both business actors and consumers. MSMEs are highly vulnerable to the negative impacts of technology utilization in digital businesses due to their low level of digital literacy. Halal certification through the self-declare mechanism, which should serve as a tool to meet product quality standards as mandated by Law No. 33/2014 and Law No. 6/2023, in practice creates opportunities for fraud and undue levies on MSMEs. On the other hand, Law No. 8/1999 concerning consumer protection has not yet accommodated digital business transactions, resulting in unclear dispute resolution mechanisms. Therefore, research is needed to analyze the impact of digital business development on legal certainty for MSMEs. This empirical juridical research applies a deductive reasoning framework with in-depth analysis and employs both a conceptual approach and a case-based approach. The findings indicate that digital transformation has had a significant impact on the legal aspects of MSMEs. Despite the aim of simplifying processes, the current implementation still faces serious obstacles, particularly those related to digital literacy, system integration, and regulatory ambiguity. A regulatory gap remains, requiring LPH to take an active role in guiding PPH facilitators to comply with policies and avoid unofficial charges. BPJPH is also expected to issue comprehensive policies to strengthen legal certainty.
Tinjauan Yuridis Tentang Keabsahan Pengalihan Kredit Pemilikan Rumah (KPR) Bawah Tangan Sebagai Dasar Balik Nama Sertifikat Tanah Dan Bangunan Nadia Viranita; Tjempaka Tjempaka
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.6.1.13623.173-179

Abstract

This study examines the legal validity of transferring a mortgage (Kredit Pemilikan Rumah/KPR) through an informal over-credit agreement and its implications for land certificate registration in Indonesia. In practice, many home buyers continue mortgage installments under private agreements with the original debtor, without obtaining approval from the bank or executing a notarial deed. Such arrangements often create legal uncertainty, particularly when the original debtor becomes unreachable, making it impossible to complete the formal process of certificate transfer. The case of the Cibinong District Court Decision No. 324/Pdt.G/2023/PN Cbi illustrates this problem. The plaintiff, who had fully paid the mortgage installments, requested the court to declare the over-credit agreement valid and to order the bank and the land office to transfer the certificate. However, the court rejected the claim, emphasizing that private over-credit agreements contradict banking regulations and agrarian law, which require both creditor approval and an authentic deed before registration can be made. This decision highlights the importance of formal procedures in land and mortgage transactions to ensure legal certainty.