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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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Implementasi Sanksi Adat Nipassala dan Niwaluang dalam Pranata Sosial Masyarakat Hukum Adat Adolang: Perspektif Keadilan Restoratif dan Pluralisme Hukum Sulastri Yasim; M. Chaerul Anwar
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.6.2.2025.283-291

Abstract

Customary law constitutes a form of living law that continues to function effectively in regulating the social life of indigenous communities in Indonesia. Its operation is reflected in the enforcement of customary sanctions as mechanisms for social control and the restoration of communal balance. This study aims to analyze the implementation of Nipassalaand Niwaluang customary sanctions within the social structure of the Adolang indigenous community, as well as to examine the role of the Marrumbu Langi ritual as a mechanism for restoring social relations following violations of customary norms. This research employs an empirical legal method with a qualitative approach, utilizing participatory observation, in-depth interviews, and documentation of customary norms and practices. The findings indicate that Nipassala is imposed on customary authorities who violate customary obligations as a form of moral and institutional accountability, while Niwaluang applies to members of the indigenous community as a territorial separation from the customary domain due to violations of communal norms. Both sanctions are restorative rather than punitive, emphasizing social and spiritual rehabilitation. The Marrumbu Langi ritual functions as a reconciliation and social reintegration mechanism with binding legal implications within the customary system, particularly in restoring the legitimacy of customary leadership and maintaining social order. This study affirms that the Adolang customary sanction system embodies principles of communal restorative justice and underscores the continued relevance of customary law within Indonesia’s legal pluralism framework.
Analisis Ketidakpastian Penguasaan Tanah pada Wilayah Pertambangan dalam Perspektif Pasal 1320 KUH Perdata Fitri Ramadhani; Andini Namira Oktafiandri; Marsya Sari Muzizah; Sumaya Badmas; T. Tohadi
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.6.2.2025.257-268

Abstract

Land acquisition in community mining areas in Jebus District, West Bangka Regency, Bangka Belitung Province is still often carried out without clear legal basis, primarily because agreements are made orally, passed down through generations, or based on social claims without official documentation. This study aims to analyze this phenomenon by assessing its compliance with the legal requirements of agreements as stipulated in Article 1320 of the Civil Code. The method used is a qualitative approach through field studies, which included observation of land acquisition conditions, documentation of boundaries and land use, and interviews with miners, landowners, and village officials. The results indicate that most land acquisition practices do not meet the elements of a verifiable agreement, do not define the object of the agreement with certainty, and are not formalized in a valid agreement, thus failing to meet both formal and material requirements of an agreement. This condition has implications for legal uncertainty, triggering ownership disputes, and weakening the legal standing of the parties. This study concludes that these practices violate Article 1320 and require regulation through legalization of agreements and streamlining of land administration to create legal certainty in land acquisition in community mining areas.
Implikasi dan Tata Kelola Digitalisasi Pengawasan Kepatuhan Hukum Pada Anak Perusahaan Badan Usaha Milik Negara (AP BUMN) (Studi Pada PT Indonesia Chemical Alumina) Sanjaya, Haris; Salman, Radian; Hakim, Arif Rahman
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.7.1.2026.47-61

Abstract

This research examines the implementation of the ICA Compliance Management System (ICA CMS Application) at PT Indonesia Chemical Alumina (ICA) as a digital innovation to manage increasingly complex legal compliance. Problems arising from manual monitoring systems cause inefficiencies, data errors, and a lack of transparency. The ICA CMS Application, developed internally, aims to optimize integrated and real-time compliance data management, enhance the efficiency of validation, verification, and reporting of legal compliance. This study employs a qualitative method with a socio-legal approach to analyze the multidimensional impact of digitalization on legal compliance oversight, the digitalization of paper-based workflows, and intellectual property protection for the application developed within the company. The results are expected to provide strategic recommendations for the development of digital-based compliance systems at ICA and other companies, shifting the paradigm from reactive compliance to proactive compliance in addressing industry regulatory dynamics.
Pengaruh Konstitusi Timor Leste terhadap Perlindungan Hak Asasi Manusia dalam Konteks Pascakonflik Carolina da Cruz; Luzidia Dias Quintas
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.6.2.2025.276-282

Abstract

Human Rights or abbreviated as HR are a set of rights inherent in the nature and existence of humans as creatures of God Almighty and are His gifts which must be respected, upheld and protected by the state, law and government, and every person for the sake of human honor and dignity. This study applies normative research methods and literature studies. The main focus of this study is on legal texts, journals and published documents. The approach method in this research uses a statutory approach which will be applied in this study to analyze various relevant legal regulations. The author uses a qualitative descriptive analysis method. Based on the results of this study, the Constitution of Timor Leste provides a fundamental influence in the protection of human rights through the establishment of basic principles of the rule of law and strong guarantees of human rights, which are very important in the post-conflict context to rebuild a just and stable society. The main challenges in implementing human rights guarantees contained in the post-conflict Timor Leste Constitution are rooted in limited law enforcement capacity, unresolved cases of past human rights violations, and socio-economic problems such as poverty.
Akibat Hukum Terhadap Harta Perkawinan Dalam Perjanjian Pranikah di Indonesia Patrick Samky Radjah; Ni Made Jaya Senastri; I Made Aditya Mantara Putra
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.6.2.2025.292-297

Abstract

Marriage is a legal relationship that helps create a happy household and family. Prenuptial agreements are essential for middle-class individuals as they protect the assets of both parties. However, the problem will become complicated when the couple divorces and has an impact on their property. The problem formulations raised are 1) How are the legal provisions of prenuptial agreements in Indonesian marriage law? and 2) What are the legal effects on marital property of prenuptial agreements? The research method used in this research is normative legal research using a statutory approach and conceptual approach. The results show that a prenuptial agreement must be made before marriage, as stated in Article 29 Paragraph (1) of the 1974 Marriage Law and Article 186 of the Civil Code. The legal implications of prenuptial agreements on marital property have changed after the issuance of the Constitutional Court Decision Number 69/PUU-XIII/2015 on March 21, 2016. This decision has an impact on the validity and legal consequences of marital agreements.
Analisis Yuridis Penerapan Pidana Maksimal terhadap Pelaku Pelecehan Seksual Anak di Bawah Umur I Kadek Ari Putra; Kharisma Nanda Satwika; Kade Richa Mulyawati
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.6.2.2025.373-380

Abstract

Sexual violence against children is a serious human rights violation that continues to increase in Indonesia. This study aims to analyze legal protection for underage victims, evaluate the effectiveness of existing regulations (including the Criminal Code and Child Protection Law), and identify the complex factors that cause this crime. Using a normative juridical method with a literature review approach, the results of the study show that although the formal legal framework is adequate, its effective implementation is still hampered by weak enforcement, limited victim rehabilitation, and a lack of inter-agency coordination. Causal factors include victim vulnerability, family dysfunction, patriarchal culture, and weak law enforcement. The implications of these findings demand a comprehensive approach through strengthening protection, increasing the capacity of law enforcement officials, ensuring rehabilitation, and public education to tackle child sexual violence more effectively.
Legalitas Layanan Tambahan (Ancillary Sevices) Dalam Gats Annex on Air Transport Services Dan Peraturan Nasional Indonesia Ratna Ayu Widiaswari
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.6.2.2025.381-390

Abstract

The liberalization of air transport in public and international passenger transport has an important role in the process of international integration and the development of other sectors of the economy. Currently, trade on air transport services have been regulated in GATS (General Agreement on Trade In Services) Annex on Air Transport Services. One form of airline service liberalization is additional services or ancillary services on air transport. Within GATS itself there are several ancillary services that are not strictly regulated. Indonesia as one of the countries ratifying the provisions of GATS shall implement the provisions on additional services and ancillary services on air transport in Indonesian laws and regulations. This research applied normative legal research as a method that refers to legal norms to understand the application of legal norms to the presented facts. The purpose of this research is to analyze the legality of the ancillary services on air transport in GATS annex on air transport services and indonesian regulations. From the results of the research can be concluded that there is still the type of air transport ancillary services that has not been regulated in the law of Indonesia. The title of this research Legality of Ancillary Services In GATS Annex On Air Transport Services And Indonesian National Regulations.
Analisis Hukum Wanprestasi Perusahaan Asuransi Jiwa Terhadap Nasabah Pemegang Polis Dalam Perspektif Perlindungan Konsumen Simarmata, Suharni Tiur Mita; Sunarto, Atika; Adnan, Muhammad Ali
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.7.1.2026.79-89

Abstract

Indonesia's life insurance industry has experienced significant growth, yet default practices still occur that harm policyholders through claim rejections, payment delays, payments not matching policy values, and unilateral contract terminations. This phenomenon violates contract law principles and threatens public trust in the insurance industry. This research aims to analyze forms of life insurance company defaults, identify legal protection for customers, and examine causal factors of defaults. This normative legal research uses statute, conceptual, and case approaches with data from library research analyzed qualitatively. Results show defaults manifest in four forms violating pacta sunt servanda and utmost good faith principles. Legal protection is classified into preventive through Financial Services Authority regulations and supervision, and repressive through dispute resolution mechanisms and compensation rights, though effectiveness is constrained by procedural complexity and weak sanction enforcement. Causal factors include internal factors of unhealthy financial management, weak Good Corporate Governance, and profit-oriented culture, plus external factors of sub-optimal supervision, low public financial literacy, and unstable economic conditions.
Rekonstruksi Penegakan Hukum Lingkungan terhadap Kejahatan Ekologis: Studi Pendekatan Sustainable Development Goals (SDGs) Taupik Hidayat; Muhammad Abdul Zalil; Ade Aspandi; Fahmi Muhammad Ilham; Anisyahnia Rahar Tantri
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.7.1.2026.70-78

Abstract

Ecological crimes pose a serious threat to environmental sustainability, affecting both human life and ecosystem stability. Normatively, Indonesia has established a comprehensive legal framework through Law Number 32 of 2009 on Environmental Protection and Management, which regulates environmental protection and adopts the principle of strict liability. However, there is a significant gap between legal norms (das sollen) and empirical reality (das sein), as reflected in the major floods and landslides in Sumatra during 2025–2026, which resulted in substantial casualties and environmental damage. Studies indicate that these disasters were not solely caused by natural factors but were also driven by deforestation and weak environmental governance. This study aims to analyze the normative construction of environmental law enforcement and examine the causes of the gap in its implementation within the framework of the Sustainable Development Goals (SDGs). This research uses a normative juridical method with statutory and conceptual approaches. The findings reveal that weak law enforcement is caused by ineffective supervision, weak corporate accountability, and the lack of integration of sustainable development principles into legal policies. Therefore, a reconstruction of environmental law enforcement is necessary, emphasizing a more progressive, integrative, and ecologically just approach.
Korelasi Kebijakan Otoritas Gereja Kristen Sumba Dengan Pencegahan Perkawinan Anak di Kabupaten Sumba Timur I Ketut Satria Wiradharma Sumertajaya; Jonker Sihombing; Dianita Aprissa L. Taranau; Arniyati Danggamesa
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.7.1.2026.62-69

Abstract

East Sumba Regency is one of the regions in Indonesia with a high rate of child marriage. One of the strategies for preventing underage marriage formulated by the government in the National Strategy for Women and Children Protection (STRANAS PPA) is strengthening stakeholders at the national and regional levels. One stakeholder that can play a role in preventing it is religious institutions. In East Sumba, 78.6% of the population adheres to Protestant Christianity, making the Sumba Christian Church an important institution in preventing underage marriage in East Sumba. The research method used in this study is empirical juridical with primary data sourced from interviews. This study aims to determine the correlation between the policies of the Sumba Christian Church authorities and the prevention of child marriage in East Sumba Regency. Based on the results of the study, it was found that the Sumba Christian Church Synod as the church authority has formulated a policy for preventing underage marriage by accommodating underage marriage prevention and child protection programs in the church's work program and collaborating with other stakeholders including the Police PPA Unit, the Social Service, WVI, other synods, and inter-denominational churches in Sumba to implement underage marriage prevention programs. This policy is correlated with the prevention of child marriage in East Sumba Regency because with the participation of the Sumba Christian Church, the National Strategy for the Prevention of Underage Marriage can be implemented in East Sumba Regency.

Page 48 of 49 | Total Record : 481

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