cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Hariyanto
Contact Email
hariyanto@uinsaizu.ac.id
Phone
+6281328319197
Journal Mail Official
volksgeist@uinsaizu.ac.id
Editorial Address
Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40A Purwokerto 53126 Jawa Tengah - Indonesia
Location
Kab. banyumas,
Jawa tengah
INDONESIA
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 2615174X     EISSN : 26155648     DOI : https://doi.org/10.24090/volksgeist
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi has published by Sharia Faculty of UIN Prof. K.H. Saifuddin Zuhri Purwokerto. Volksgeist has a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. The topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Constitutional Law, Islamic Constitutional Law, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Civil Procedural Law, Adat Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 165 Documents
 13   14   15   16   17 
Legal Policy of Disparity in Sentencing as a Ground for Judicial Review in Indonesia Corruption Cases Djatmika, Prija; Rahman, Wahbi; Wibowo, Dwi Edi; Weku, Robert Lengkong; Osman, Noor Dzuhaidah
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13287

Abstract

Article 263 paragraph (2) of Law Number 8 of 1981 concerning the Criminal Procedure Code limits the grounds on which a Judicial Review of a court decision may be filed. This limitation stems from the extraordinary nature of the Judicial Review, as it provides a mechanism to reopen a case that has obtained permanent legal force (inkracht van gewijsde). Errors in assessing the grounds for a Judicial Review can undermine the principles of legal certainty and justice, which are fundamental to the rule of law. This paper analyzes the use of sentencing disparity in corruption cases as a basis for Judicial Review, as recognized by the Supreme Court of Indonesia. The study employs a normative-descriptive research method. The findings indicate that sentencing disparity in corruption cases is multi-causal, suggesting that it does not always constitute a factual matter but may also involve legal considerations. The study concludes that determining sentencing disparity as an instance of judicial error in a Judicial Review must be conducted with due regard to the principle of judicial independence. Furthermore, with the issuance of Supreme Court Regulation No. 1 of 2020 concerning Sentencing Guidelines under Articles 2 and 3 of the Corruption Eradication Law, issues of sentencing disparity should ideally be resolved through ordinary legal remedies such as appeals or cassation.
The Price of Corruption on State Losses Policy Rahmadi, Aji; Karjoko, Lego; Hartiwiningsih, Hartiwiningsih
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.14813

Abstract

Legal instruments and law enforcement agencies have actively pursued efforts to eradicate corruption; however, empirical evidence indicates that the recovery of state financial losses remains disproportionate to the magnitude of economic harm incurred. This study seeks to reformulate the concept of state economic loss in corruption cases to establish a legal framework that is fairer, proportionate, and grounded in legal certainty. The research uses a normative juridical method, analyzing secondary data through three distinct approaches: the statutory approach, which examines the consistency of legal norms; the conceptual approach, which investigates relevant doctrines and theoretical frameworks; and the case study approach, which identifies judicial practices and jurisprudence relevant to the topic. The findings reveal two principal insights. First, the application of the economic loss element in state corruption cases encounters significant challenges, including ambiguous interpretations, the absence of clear normative boundaries, reliance on potential rather than actual loss calculations, and the lack of a standardized methodology. Second, reformulating this element is necessary by clarifying its normative definition, incorporating actual losses, recognizing systemic impacts, and standardizing the methodology for calculating losses. This reformulation enhances the quality of evidence, reduces disparities in legal interpretation, and promotes harmonization across laws and regulations. Moreover, this policy framework is expected to improve coordination among law enforcement agencies, strengthen public trust, and ultimately foster a more effective, transparent, and corruption-free governance environment.
Understanding the Legal Politics of Regional Tax Regulations: Navigating Regional Autonomy in Post-Tax Reform in Indonesia Pamuji, Kadar; Dharmawan, Aditya Riza; Kartono, Kartono; Masum, Ahmad
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.12341

Abstract

This research addresses the urgent changes following the repeal of Law no. 28 of 2009, which governed Regional Taxes and Regional Levies, as incorporated into the Financial Relations between the Central Government and Local Governments Law (Law No. 1 of 2022). The repeal brings forth significant consequences, particularly affecting the authority of regional governments to shape their tax policies. To understand these impacts, we delve into the evolution of regional tax regulations in Indonesia. The legal landscape surrounding regional tax law under the HKPD Law presents a fascinating area of study. Our aim is to explore the legal politics that influence local tax management within the framework of regional autonomy in Indonesia. This study employs a normative juridical approach, utilizing various data collection methods, including interviews, focus group discussions (FGDs), and document analysis. Throughout the research, data processing and analysis occur continually as new information emerges. Our findings indicate a notable shift in legal politics surrounding local tax management in Indonesia. Current regional tax policies are increasingly designed to enhance local revenue, supporting regional autonomy while aligning with the central government’s fiscal harmonization goals. This approach aims to optimize public services and ensure the sustainability of fiscal framework.
Restorative Justice in Settling Criminal Case: A Normative-Empirical Study of the Law Efa Rodiah Nur; Hasan, Zainudin; Dahri, Harapandi
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13017

Abstract

Restorative justice offers an alternative framework for addressing the needs of both victims and offenders in Indonesia. While it presents a more hopeful solution compared to traditional punitive measures, concerns about fairness remain. Specifically, victims may feel that the response to the offense does not match the seriousness of the crime, leading to a sense of being undercompensated. This article explores how restorative justice is integrated into Indonesia’s criminal justice system through both normative and empirical legal research. Bandar Lampung serves as the primary focus of this study due to its establishment of a Restorative Justice House and its reputation as a leading practitioners of restorative justice in the country. The research involved observing practices at the District Prosecutor’s Office in Bandar Lampung, allowing for an empirical understanding of how legal regulations are enacted in practice. Additionally, the study reviews the normative aspects of the law related to restorative justice, particularly focusing on the Attorney General’s Regulation No. 15 of 2020 and its Circular No. 1 of 2021 concerning the termination of prosecution based on restorative justice. The findings indicate that restorative justice is primarily applied to lesser criminal cases that fit specific criteria. These cases often involve first-time offenders, crimes that carry potential sentences of at most five years, and financial damages up to Rp 2,500,000. Of the 13 cases examined, 10 were effectively resolved using restorative justice methods. This highlights the potential of restorative justice on repairing harm, addressing victims’ needs, ensuring that offenders take responsibility, and fostering social cohesion. What sets this study apart is its combination of doctrinal legal analysis and fieldwork, enabling a comprehensive evaluation of how restorative justice norms are operationalized within prosecutorial practices in Indonesia.
Discourse Using Blockchain Technology for the Enforcement of Money Laundering Crimes in Indonesia Huda, Chairul; Yunan, Puan Dinaphia; Paidi, Zulhilmi Bin
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13376

Abstract

Money laundering is a crime aimed at concealing the origin of funds derived from illegal activities, which has become increasingly difficult to detect with the growth of digital transactions and cryptocurrency use. Blockchain, as a distributed ledger technology, can record transactions permanently, transparently, and securely, making it a promising tool to support Anti-Money Laundering (AML) systems. This study examines the role of blockchain in strengthening Indonesia’s AML framework amid rapid growth in digital financial transactions and increasing complexity of money laundering methods. The significant rise in suspicious transaction reports, particularly through digital wallets, e-money, and cryptocurrencies, indicates a shift of money laundering practices to digital channels that challenge existing oversight and law enforcement mechanisms. The study employs a qualitative approach through literature review and secondary data analysis to assess how blockchain features such as immutability, transparency, transaction pattern analysis, and cross-border tracking can enhance detection and verification of suspicious fund flows. The results suggest that blockchain has the potential to strengthen KYC procedures, enhance forensic capabilities, and provide verifiable electronic evidence. Nevertheless, regulatory and institutional limitations remain. OJK Regulation No. 27 of 2024 does not yet incorporate blockchain analytics, regulate privacy coins, mixers, or cross-chain laundering, nor provide a technology-based supervisory framework. Challenges also exist in evidentiary standards, digital chain-of-custody mechanisms, and technical capacity of law enforcement. Effective implementation of blockchain in Indonesia’s AML system requires regulatory refinement, institutional strengthening, and alignment with FATF standards.
Pandemic on the Ship: Emergency Legality and Human Rights Security of the Floating Isolation Policy in Indonesia Mujib, M. Misbahul; Kurniawan, Shelly; Basuki, Udiyo; Iswantoro, Iswantoro; Arfaizar, Januariansyah
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13122

Abstract

The COVID-19 pandemic compelled governments worldwide to implement extraordinary measures that tested the boundaries of legality and human rights protection. This study examines makassar’s floating isolation policy an innovative yet controversial public health intervention that repurposed the km umsini  as a quarantine facility during the 2021 surge in infections. The policy drew debate due to its top-down implementation and concerns that s, historically, have been among the fastest environments for infectious disease transmission, including covid-19. Employing a juridical–empirical approach, this research assesses the policy’s conformity with indonesia’s constitutional obligations and international human rights standards, particularly the international covenant on economic, social and cultural rights (icescr) and the international health regulations (IHR 2005). Field data were obtained through semi-structured interviews with health officials, volunteers, supported by documentary and legal analysis. The findings reveal that while the policy effectively reduced hospital overcrowding and community transmission, it operated within a “gray zone of legality” due to the absence of explicit statutory regulation. Using state obligations theory, the human security framework, and emergency law theory, the study demonstrates that legality during crises can be sustained through transparency, proportionality, and participatory governance. It concludes that compassionate legality rooted in respect for human dignity and procedural fairness can transform emergency discretion into a framework of human-centered resilience. Overall, this research enriches global scholar by illustrating how ship can be innovation in pandemic era redefines the relation between law, human rights, and crisis governance.
Legal Pluralism, Epistemic Tensions, and the Reformulation of the Adultery Offense in Indonesia’s New Penal Code Mubayyinah, Fira; Handayani, Febri; Sifa’, Moh. Agus
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.14957

Abstract

This article examines the reformulation of the adultery offense in Indonesia’s new Penal Code (Law No. 1 of 2023) through a socio-legal approach informed by postcolonial analytical frameworks. Focusing on the adultery provision as a representative case, the study investigates how moral, religious, and customary arguments were articulated, contested, and negotiated by actors involved in the legislative process. Employing thematic content analysis of the old and new Penal Codes, the Academic Draft, and parliamentary deliberation transcripts, the findings reveal that although the new Penal Code expands the substantive definition of adultery to encompass all sexual relations outside of marriage, it simultaneously retains procedural structures and evidentiary rules inherited from the colonial legal tradition. This dynamic generates significant epistemic tension: while local normative values—particularly those derived from Islamic and customary traditions—are invoked as sources of moral legitimacy, their incorporation remains constrained by a positivist legal framework shaped by colonial legacies. The resulting legal framework reflects a partial and uneven transformation that does not fundamentally alter the epistemic foundations of Indonesia’s criminal law. The article argues that substantive decolonization necessitates not only the inclusion of locally grounded norms but also a critical engagement with the procedural and epistemic structures through which these norms are translated into national legislation.
Symbolic Restorative Justice in the Courtroom: Navigating the Intersection of Justice and Child Welfare in Indonesian Juvenile Court Decisions Pancasilawati, Abnan; Herlambang, Saifuddin; Naffati , Abdel Kadir
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.15328

Abstract

Indonesian state law, particularly the Juvenile Criminal Justice System Law No. 11 of 2012, designates diversion as the primary mechanism for addressing children in conflict with the law. However, in practice, the majority of juvenile court judges continue to impose sanctions oriented toward imprisonment. This article examines the discrepancy between the statutory framework and its practical application by investigating the symbolic implementation of restorative justice in juvenile cases adjudicated by the Balikpapan District Court. It underscores the persistent tension between diversion-focused legal mandates and courtroom practices that remain entrenched in a retributive paradigm. Employing socio-legal research methods and John Braithwaite’s shaming theory, the study analyzes sixteen juvenile court decisions rendered in 2024. The findings reveal that cases involving child protection and narcotics offenses were almost invariably met with imprisonment, accompanied by symbolic interventions such as vocational training. In contrast, theft and negligence cases permitted more hybrid approaches that combined punitive and rehabilitative elements; nevertheless, these approaches failed to achieve substantive restoration. The analysis concludes that restorative justice within Balikpapan’s juvenile court system remains largely rhetorical, functioning as a normative signifier rather than an effective mechanism for healing. The article argues that meaningful reform requires strengthening diversion pathways, enhancing the role of independent facilitators, and integrating legal, cultural, and community-based values into a more inclusive and humanistic juvenile justice framework.
Towards an Integrated Legal Studies Department in Indonesia: Transdisciplinary Framework for Legal Higher Education Nasrudin, Muhamad; Sodiqin, Ali; Mujib, Abdul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.12985

Abstract

Indonesia’s pluralistic legal system institutionalizes legal education into four departments—Legal Sciences, Islamic Legal Sciences, Hindu Legal Sciences, and Customary Legal Sciences—reflecting its colonial and post-colonial legal heritage. Yet, this segmentation fosters a fragmented curriculum that hampers graduates’ holistic legal competence and limits their capacity to uphold justice and legal certainty. Moreover, inter-departmental disparities have led to systemic exclusion from legal professions for certain groups. This paper proposes a unifying framework—grounded in systems theory, Friedman’s legal system model, and Amin Abdullah’s integration–interconnection paradigm—to merge these departments into a single Indonesian Legal Studies Department. In this model, current departments would serve as concentrations within a cohesive structure, producing graduates equipped to address contemporary legal challenges. The objective is to nurture professionals endowed with broad, integrated, and robust perspectives, enabling them to uphold legal certainty, advance substantive justice, and contribute to public welfare within a progressive legal system. It is therefore recommended that the reform of Indonesian legal education be directed toward establishing an integrated governance framework supported by a unified national curriculum, faculty capacity-building, institutional exchanges, and recognition of diverse legal traditions, in order to realize genuinely transdisciplinary legal scholarship and professional practice.
Addressing Legal Uncertainty in Delayed Informed Consent: Protecting Health Workers in Indonesian Hospitals Surianto Subu, Toto; Isrul, Muhammad; Syaban, Abdul Rahim; Noviati, Noviati; Hadju, Lodes
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.13089

Abstract

In Indonesia’s emergency settings, family requests to postpone medical procedures present significant legal risks for health workers. Medical records often capture only patient consent or refusal, neglecting documentation of deferred actions. This study analyzes the legal position of deferred informed consent under the Health Law, the Medical Practice Law, and Ministry of Health regulations, while exploring practices observed at a district hospital. Using a descriptive legal approach, normative analysis was combined with semi-structured interviews with nine participants at Aliyah 1 General Hospital, including the chair of the medical committee, a medical records officer, physicians, and ward heads. Findings highlight three recurring issues: role ambiguity (unclear disclosure responsibilities during busy periods), temporal opacity (uncertainty about decision-making time and its effect on care), and undefined clinical thresholds (absence of guidelines for escalation). Additional problems include inconsistent delegation notes, varying comprehension among family members, and inadequate documentation of communication with off-site decision-makers. To address these gaps, this study proposes a Deferral of Medical Action Form and a Deferred-Action Standard Operating Procedure (SOP). These tools would record the initiator and rationale for postponement, urgency or triage level, risk briefing, time-bound reassessment, and clear clinical triggers. They mandate physician-led disclosure, identification of interpreters if needed, maintenance of brief communication logs, and linkage to eventual consent or refusal notes. By transforming informal deferral requests into a structured, time-sensitive process, this model safeguards patient autonomy while ensuring timely and legally defensible medical care.

Page 16 of 17 | Total Record : 165

 13   14   15   16   17 

Filter by Year

2018 2026


Reset
Filter By Issues
All Issue Vol. 9 Issue 1 (2026) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi Vol. 7 Issue 2 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi Vol. 6 Issue 2 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi Vol. 6 Issue 1 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi Vol. 5 Issue 2 (2022) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 5 Issue 1 (2022) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 1 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 3 Issue 2 (2020) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 3 Issue 1 (2020) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 2 Issue 2 (2019) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 2 Issue 1 (2019) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 2 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 1 Issue 1 (2018) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi More Issue