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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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Penyelesaian Sengketa Hibah Sebagai Akibat Penelantaran Pemberi Hibah (Studi Kasus Putusan PN Nomor 105/Pdt.G/2023/PN Gin) I Kadek Cahya Mahardika; Anak Agung Istri Agung; Ni Made Puspasutari Ujianti
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.6.1.13897.197-202

Abstract

A grant is a gift given by a person to another person during his lifetime. Grant is an agreement where the grantor gives an object freely and cannot take it back according to his needs. grantee (subsidy recipient) On this basis the researcher wants to examine: 1) What are the general conditions of subsidies according to the Civil Code and 2) How is the settlement of subsidy disputes between grantors and grantees of land rights. This research uses normative research methods. The search results show the terms and conditions of the grant. There must be an agreement between the sponsor and the recipient regarding the grant. The donor or recipient is still alive, the spouse is prohibited from giving gifts, the adult is not a minor, the object already exists, the donor cannot promise. Collection of proceeds from movable and immovable property. The settlement of the concession dispute between the transferring party and the recipient of land rights can be carried out amicably in accordance with the decision of the Peace District Court Law Number 105/Pdt.G/2023/PN Gin.
Sanksi Pidana Terhadap Pelaku Tindak Pidana Kebakaran Hutan Padang Savana Ni Luh Putu Tristania; I Ketut Kasta Arya Wijaya; Ni Made Sukaryati Karma
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.6.1.13898.203-209

Abstract

Law is a reflection of human conscience, so it cannot be separated from the nature of the nation. The savanna forest is a forest located in an arid area or an area with a small amount of plants, mainly grasses and weeds. Forest fires are an increasingly common form of disturbance. The formulation of the problem to be discussed is How is the legal regulation of environmental crimes against savanna forest fires? How is the perpetrator's responsibility for the criminal act of savanna forest fires? This research uses the type of normative legal research, with library techniques. Based on the regulation of criminal acts contained in the Criminal Code (KUHP) regulated in article 188. Provisions regarding savanna forest fires are also found in Law No. 41 of 1999 concerning Forestry in Article 78 paragraph (5).
Rekonstruksi Desain Pemilu Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024 I Gede Druvananda Abhiseka; I Gusti Agung Dian Hendrawan; M.Arief Amrullah; Fendi Setyawan
Jurnal Interpretasi Hukum Vol. 7 No. 1 (2026): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.7.1.2026.1-10

Abstract

The Constitutional Court Decision No. 135/PUU-XXII/2024 marks a significant shift in Indonesia’s constitutional design, particularly regarding the regulation of simultaneous elections. The Court separated national and local elections with a two-year interval, serving as a constitutional correction for the legislature’s failure to implement Decision No. 55/PUU-XVII/2019. Although the Court lacks legislative authority, this action reflects the theory of judicial activism, which permits courts to undertake constitutional correction when political institutions neglect their constitutional duties. From the perspective of democratic theory, this ruling strengthens the principles of substantive democracy over mere procedural democracy, emphasizing voter rationality and deliberative participation. Normatively, this study employs a constitutional interpretation and judicial behavior analysis approach to assess the Court’s reasoning and legitimacy. The findings indicate that the decision does not constitute an ultra vires act but rather a constitutional measure to preserve substantive democracy and the functionality of Indonesia’s presidential system. Consequently, the legislature must redesign the electoral simultaneity framework to ensure democratic efficiency, governance continuity, and systemic balance between presidential and parliamentary dynamics.
Epistemologi Konstitusi Sebagai Fondasi Ilmiah Penyelenggaraan Negara di Indonesia Putu Wahyu Widiartana; Ni Putu Ega Maha Wiryanthi; M. Arief Amrullah; Fendi Setyawan
Jurnal Interpretasi Hukum Vol. 7 No. 1 (2026): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.7.1.2026.11-17

Abstract

This article explores the Constitution as a system of knowledge and argues that constitutional epistemology provides a scientific foundation for state governance in Indonesia. It views the 1945 Constitution not only as a legal text but as a product of historical experience and rational thought that shapes how state authority is interpreted and exercised. Using a normative legal method with statutory and conceptual approaches, this study examines how constitutional meaning is constructed and how truth claims about the Constitution are validated. The findings show that Indonesia’s constitutional practice has undergone an epistemic shift after the amendments of 1999-2002, strengthening constitutionalism, the rule of law, and judicial review. This shift underscores the importance of coherent constitutional interpretation to avoid political pragmatism and inconsistent use of power. By integrating constitutionalism and the rule of law, the article proposes a constructive framework for assessing constitutional actions not only through formal legality but also through epistemic validity. This research contributes to the discourse on constitutional knowledge and supports a more rational and principled practice of constitutional governance in Indonesia.
Keamanan dan Jaminan Lingkungan Kerja Guru: Konsep Perlindungan Hukum Sistem Pendidikan Nasional Yudi Yasmin Wijaya; Ali Mannagalli; Mujiburrohman Mujiburrohman; Yustus One Simus Parlindungan
Jurnal Interpretasi Hukum Vol. 7 No. 1 (2026): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.7.1.2026.90-102

Abstract

The upheaval of educational rights has become a disruptive trend in Indonesia. The physical and verbal abuse coming from parents or students become usual things, and these abnormalities have since created imbalance of rights and responsibility on the climate of education in Indonesia. The Act No. 23 of 2003 about National Education System, Act No. 14 of 2005 about Teachers, and Government Regulation No. 74 of 2008 about Teachers which do not give effective legal prescription, creates the legal ambiguity towards fulfilment of rights for Indonesian teachers. The rights to safe and healthy work environment concept within education law may become the stepping stone towards ensuring save and effective working environment on educational set and protects the future generation of pupils. This paper will examine through the proper concept of legal protection as the obligation of a nations towards its statutes in Act or Government Regulation of Indonesia. Through this normative research, the study will also focused towards the analysis of concept of rights to safe and healthy work environment of teachers as a whole.
Akta Pengangkatan Anak Tanpa Putusan Pengadilan: Keabsahan dan Akibat Hukum Waris Auliya Khairunnisa Shabira
Jurnal Interpretasi Hukum Vol. 7 No. 1 (2026): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.7.1.2026.26-35

Abstract

Adoption is an important aspect of family life because it involves the rights and obligations between parents and Adoption plays a significant role in family life as it relates to the fulfillment of rights and obligations between parents and children. Indonesian law requires that the process of child adoption be carried out through a court decree in order to obtain binding legal force. However, in practice, many people still adopt children solely through a notarial deed without seeking court approval. This situation reflects a gap between the applicable legal provisions and the practices that occur within society. This study aims to examine the legal validity of a notarial deed as the basis for child adoption without a court decree and to analyze its legal consequences on the inheritance rights of the adopted child. The research applies a normative juridical method using a statutory approach and literature review. The results indicate that a notarial deed of child adoption made without a court decree does not have binding legal force and therefore cannot establish a civil legal relationship between the adoptive parents and the adopted child, including in matters of inheritance. In such circumstances, the adopted child may only receive a share of the adoptive parents’ assets through grants, wills, or obligatory wills (wasiat wajibah). Accordingly, a court decree is essential to ensure legal certainty and legal protection for the adopted child in the future.
Alternatif Pembenahan Muatan Materi Rancangan Peraturan Perundang-Undangan Melalui Policy Screening Tools Hanif Hardianto; Megafury Apriandhini; Nina Farliana
Jurnal Interpretasi Hukum Vol. 7 No. 1 (2026): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.7.1.2026.36-46

Abstract

Indonesia is a state based on the rule of law, and one of the characteristics of such a state is that all policies issued by the government must be grounded in applicable legal norms. The hierarchy of legislation in Indonesia does not consist solely of laws (undang-undang); at the lowest level, there are still district/municipal regulations (peraturan daerah kabupaten/kota). Indonesia is experiencing a crisis in the legislative process, which has led to several laws and regulations receiving criticism and even rejection from the public. This situation is alarming, especially if the legislative process continues in this manner in the future. Law, which should function as social control, has instead become a source of new problems and is ineffective because it fails to accommodate the interests of society. This study is qualitative research using a sociological legal approach, focusing on understanding the procedures for forming laws and regulations using the Policy Screening Tools in the Secretariat General of the Provincial DPRD in Bali and Aceh. Policy Screening Tools serve as a policy analysis instrument that can act as a parameter to determine whether a draft regional regulation is suitable or unsuitable to be enacted. Not all draft laws and regional regulations undergo screening—only those draft laws and regulations that face contention among the legislature, the executive, and the public are subjected to the screening process.
Aspek Hukum Pidana Terhadap Hubungan Kausalitas Pada Tindak Pembiaran Korban Penganiayaan Sehingga Meninggal Dunia Anak Agung Sagung Laksmi Dewi; Anak Agung Ngurah Adhi Wibisana
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.6.2.2025.310-317

Abstract

Protection of human life is a fundamental principle of criminal law that positions society not merely as passive witnesses, but as legal subjects who have moral and legal obligations to act in emergency situations. Allowing a victim to be abused to the point of death constitutes a form of serious negligence that can legally result in criminal liability, especially when such passivity is part of a chain of cause and effect that worsens the victim's condition. The problem formulation in this study includes: (1) what is the status of society as a legal subject in emergency situations?, and (2) what is the importance of the causal relationship in acts of omission in determining criminal liability?. The analysis was conducted using normative legal methods through legislative approaches, case approaches, and conceptual approaches to assess the legal position of the community, the limits of the duty to act, as well as the relevance of causal relationships in determining whether criminal sanctions are appropriate. The study results show that Article 531 of the Criminal Code establishes a duty of assistance for anyone who witnesses a person in mortal danger, while the element of causality serves as the main basis for determining whether the victim's death can be attributed to the community's passive actions. Omission can be punishable if such inaction factually and normatively contributes to the loss of the victim's chance of survival. This study emphasizes that in emergency situations, the community has an active legal role; the duty to act, protection of life, and proof of causality are important instruments in establishing criminal liability proportionally.
Urgensi Pendaftaran Perjanjian Kawin Dalam Perspektif Kekuatan Akta Notaris Terhadap Pihak Ketiga Anak Agung Ayu Desy Nadhira Putri; I Wayan Novy Purwanto
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.6.2.2025.269-275

Abstract

To ensure the safety and security of both spouses, a marriage contract details the distribution of marital assets in a legally binding document.  Notarial deeds still lack the evidentiary strength of third-party marriage contracts, particularly in cases where the agreements are not filed with a marriage registrar, and this is particularly true in practice.  Article 1868 of the Civil Code and Article 15 of Law Number 2 of 2014 about the Position of Notary control the formal and material force of a notarial deed. However, in practice, this does not always align with society's expectations.  Examining the third-party legal ramifications of an unregistered marriage contract and the binding nature of a notarial deed in creating a marriage contract are the primary goals of this research.  Using a statutory and conceptual approach, this research employs normative law and employs qualitative analysis.  According to the study's findings, a notarial deed can be used as flawless evidence by the parties involved, but it lacks the authority to bind third parties unless it is registered with the Civil Registration Office or the Office of Religious Affairs.  Thus, as an expression of the concept of publicity, the registration of a marriage agreement is highly urgent in order to ensure legal certainty and protection for the husband and wife as well as any interested third parties.
Akuntabilitas Otorita IKN Dalam Pengelolaan Anggaran Pembangunan Ibu Kota Nusantara Kajian Hukum Pemerintahan Terhadap Prinsip Good Governance Ni Putu Intan Cahyani Putri; Hikam Huwlwanullah
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.6.2.2025.363-372

Abstract

The development of the Capital City of Nusantara (IKN) as a national strategic project raises accountability issues in budget management by the Capital City of Nusantara Authority (OIKN), mainly due to unclear authority, dual institutional status, and weak oversight mechanisms. This study's goal is to investigate the application of OIKN accountability in the budget management of IKN development based on the legal framework of governance and good governance principles, identify normative challenges that cause accountability gaps, and formulate legal policy recommendations to strengthen budget governance. Based on primary, secondary, and tertiary legal materials gathered through a literature review, this study employs a normative legal technique with a legislative, conceptual, and case approach. The results of the analysis show that the OIKN legal framework, particularly the IKN Law and its derivative regulations, contains ambiguities regarding the limits of authority and accountability mechanisms, thus that it is not entirely consistent with the tenets of legal certainty, transparency, and accountability. The main findings also reveal weak internal and external oversight, a lack of public transparency, and the risk of budget inefficiency and irregularities due to the flexibility of IKN's authority, which is not balanced by checks and balances mechanisms. This research advances our knowledge of the normative implications of IKN development, particularly the need for regulatory strengthening, independent audits, periodic transparency, and public participation. It is concluded that reformulating the legal framework and strengthening oversight instruments are prerequisites for ensuring the principles of accountability, transparency, and good governance in the development of the IKN. Further research could expand this study to include an empirical evaluation of the effectiveness of policy recommendation implementation.

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