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INDONESIA
Jurnal Hukum Pelita
Published by Universitas Pelita Bangsa
ISSN : -     EISSN : 28092082     DOI : https://doi.org/10.37366/jh.v3i1.998
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
JURNAL HUKUM PELITA adalah jurnal ilmiah dan akses terbuka yang dikelola oleh Prodi Hukum dan diterbitkan oleh LPPM Universitas Pelita Bangsa. Jurnal ini bertujuan dan fokus untuk menerbitkan karya baru dengan kualitas di bidang Hukum dalam hal Entreprenership, adapun ruang lingkup pembasan pada jurnal ini antara lain : 1. Hukum Pidana 2. Hukum Perdata 3. Hukum Tata Negara 4. Hukum Administasi Negara 5. Hukum Islam 6. Hukum Perdata Islam 7. Hukum Agraria 8. Hukum Acara 9. Hukum Adat 10. Hak Asasi Manusia 11. Hukum Bisnis 12. Hukum Ekonomi 13. Hukum Pasar Modal 14. hal lain yang berkaitan dengan Entrepenership dalam aspek Hukum. Namun, artikel yang tidak termasuk dalam Entrepenersip dalam aspek Hukum tidak tercakup dan di luar cakupan jurnal ini.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 109 Documents
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Tinjauan Yuridis Tentang Perlindungan Hukum Terhadap Korban Dan Pelaku Kejahatan Berdasarkan Asas Equality Before The Law Kurniawan, Muh Kemal; Arifai, Arifai; Dagani, Gamlan
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5857

Abstract

Victims of crime have not received adequate protection from the state, both in physical and economic aspects, including in fulfilling other needs related to their role as witnesses in the criminal justice process. This research aims to analyze the position of crime victims in the criminal justice system in Indonesia, as well as to examine the forms of legal protection for victims and perpetrators of crime based on the principle of equality before the law. The results of the research show that the position of victims in the criminal justice system is still not receiving proportional attention and tends to be neglected, especially in the Criminal Procedure Code and Criminal Code. Nevertheless, some laws and regulations have begun to accommodate the protection of victims, although not yet optimally. In the perspective of the principle of equality before the law, legal protection for victims and perpetrators of crime should be placed equally as legal subjects who have the right to be protected by the legal system, although its implementation is not yet fully ideal.
Analisis Yuridis tentang Penentuan Upah Minimum di Indonesia : Kepastian dan Keadilan Arroyan, Kharisma Nur Azizah; Rusdiana, Shelvi; Nurlaily, Nurlaily
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.5928

Abstract

The wage system has a fundamental role in guaranteeing workers rights, including the right to earn a decent income to support a dignified life. The Job Creation Law is presented as a major reform in the national labor regulatory framework, with the main aim of increasing investment and encouraging economic growth. However, the implementation of this policy also has consequences that can affect workers' welfare, especially regarding the minimum wage determination mechanism which is very dependent on economic conditions and employment dynamics in each region. Setting minimum wages requires an approach that meets certain criteria to ensure fairness. This research was designed to examine the main issue, namely "To what extent does the implementation of the Job Creation Law affect the fulfillment of workers' rights to wages." Using a juridical-normative approach through a literature review, this research found that disparities in minimum wage determination between provinces and between districts/cities, as regulated in the Job Creation Law, have encouraged some entrepreneurs to move investment to regions with higher minimum wage standards. low. This causes income inequality among workers and has the potential to exacerbate social disparities in wages
Perkembangan Kapal Rekreasi dalam Perspektif Undang-Undang Pelayaran dan Implikasinya Terhadap Pengaturan Hukum dan Koordinasi Kelembagaan Sinaulan, R Lina; Utomo, ST Laksanto; Rohman, Adi Nur; Mile, Fatiyah Suryani
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6178

Abstract

Recreational vessels represent an evolution of maritime tourism and shipping activities that are rapidly developing in Indonesia. However, from a legal standpoint, their status and regulation remain unclear. There is an overlap of authority between the Ministry of Tourism and the Ministry of Transportation, as well as disharmony between business classifications in the KBLI (Indonesian Standard Industrial Classification) and the national shipping licensing system. This article aims to analyze the legal status of recreational vessels within the maritime legislation system and its implications for legal certainty and implementation in practice. The method used is normative juridical, employing a statutory and document analysis approach. The findings indicate that recreational vessels still lack an explicit definition in Indonesia’s positive law, and their regulation is not yet harmonized between the maritime and tourism systems. Strengthened regulation and cross-sector harmonization are necessary to ensure legal certainty and support the growth of the marine tourism sector
Narkotika dan Ancaman Terhadap Pembangunan Bangsa Sebuah Tinjauan Politik Hukum Putra, Telly Areska; Tumanggor, M.S; Sriwidodo, Joko
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6326

Abstract

The Indonesian narcotics criminal justice system has evolved from a focus on punishment to rehabilitation, driven by concerns over the high rate of drug abuse. Law No. 35 of 2009 and the 2014 Joint Regulation clarify the separation of treatment between dealers (subject to criminal sanctions) and users/addicts (prioritized by rehabilitation). This situation has naturally sparked controversy regarding the ideal legal policy/criminal law in Indonesia for addressing the problem of drug trafficking. The research method used in this study is a normative juridical research method. The materials reviewed include primary, secondary, and tertiary legal materials. The results show that law enforcement policies for drug addicts and abusers are still primarily carried out through the courts. Therefore, efforts to fulfill the rights of drug addicts and abusers (who are considered victims) in the form of rehabilitation must go through a lengthy criminal procedure. In reality, addicts and abusers who go through the criminal process generally lose interest in treating themselves, because they have the view that it is useless to treat themselves if in the end they still have to go to prison later
Penyelesaian Perkara Investasi Online Ilegal Dalam Hukum Positif Indonesia Insani, Beta Nur; Zeinudin, Moh; Munir, Miftahul
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.5989

Abstract

This study analyzes Law Number 8 of 1999 concerning Consumer Protection related to dispute resolution methods and responsibilities that can be carried out by illegal online investment business actors. This normative research was conducted using a legislative approach, a conceptual approach, and a historical/historical approach. Settlement of illegal online investment disputes can be carried out using consumer protection mechanisms as regulated in Law Number 8 of 1999. In this case, investors are positioned as consumers who have the right to security and clarity of information. Victims can take criminal legal action by reporting to the police, or through non-litigation channels such as mediation at BPSK. However, settlement is often hampered because the perpetrators use fake identities and do not have official permission from the OJK. Therefore, synergy between consumer protection, criminal law enforcement, and supervision of financial institutions is very important to ensure justice for victims of illegal investment. The perpetrator's responsibility can be imposed through: Civil: replacing losses based on Article 1365 of the Criminal Code, Criminal: charged with fraud (Article 378 of the Criminal Code) and the ITE Law, Restitutive: returning the victim's assets through confiscation and auction mechanisms according to the TPPU Law
Analisa Yuridis Terhadap Upaya Pemerintah Memblokir Game Roblox Yang Mengandung Muatan Permainan Judi Online Darmawan, Nino Gilang; Tumanggor, M.S; Hakim, Lukman
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6325

Abstract

In the modern era, with technological advancements such as smartphones, everything has become easily accessible. From social media to online banking, business information, and business applications, as well as online games for children. However, technological advancements have also led to an increase in crime and violations, including online transactions for narcotics, terrorist communication networks, and crimes such as gambling. This research uses a normative juridical research method, examining primary, secondary, and tertiary legal materials. The results show that the government can take several steps to prevent online gambling, including stricter law enforcement through site blocking and account suspension, digital platform monitoring, public awareness and education, and inter-agency and industry collaboration. The government has a strong legal basis to block online games like Roblox if they are proven to contain gambling elements. However, the effectiveness of such actions still faces several challenges. Ultimately, the government's legal certainty allows for decisive action against online games that facilitate gambling. Nevertheless, the success of online gambling eradication depends on a combination of strong regulation, careful law enforcement, and prevention strategies that focus on education and public awareness
Efektivitas Pengadilan Hak Asasi Manusia di Indonesia Tapril, Mohamad; Rohman, Adi Nur
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6177

Abstract

This article analyzes the effectiveness of Human Rights (HAM) Courts in Indonesia within the framework of national and international law. Based on Law No. 26 of 2000 on Human Rights Courts, this special court was established to enforce accountability and justice for victims of gross human rights violations and to uphold the principle of non-impunity. However, more than two decades after its establishment, the court’s effectiveness remains questionable, as only a few cases have been prosecuted and most defendants were eventually acquitted. By examining cases such as East Timor (1999), Tanjung Priok (1984), and the Trisakti and Semanggi Tragedies (1998–1999), this study identifies key obstacles stemming from legal, political, and institutional factors. Legally, weaknesses in Law No. 26 of 2000—particularly its limited temporal jurisdiction and the ineffective application of command responsibility—restrict the scope of enforcement. Politically, weak government commitment and interference from power structures undermine judicial independence. Institutionally, poor coordination between the National Commission on Human Rights (Komnas HAM) and the Attorney General’s Office, limited human resources, and inadequate protection for witnesses and victims further reduce the court’s capacity to function effectively. The findings indicate that Indonesia’s Human Rights Courts remain symbolic rather than substantive, failing to deliver justice, truth, and redress for victims. The article argues that reform of the human rights judicial system must involve legal amendments, stronger political will, institutional capacity-building, and the integration of transitional justice principles—namely truth, justice, reparation, and non-recurrence. Through such measures, Human Rights Courts could serve as genuine instruments for upholding the rule of law and human dignity in Indonesia
Rekayasa Sosial dan Tanggung Jawab Hukum Negara dalam Program Kesehatan Ibu Anak-Keluarga Berencana Wahyu, Acep; Sriwidodo, Joko; Sinaulan, R Lina
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.6179

Abstract

This article examines how the state employs law as an instrument of social engineering in implementing the Maternal and Child Health and Family Planning (KIA–KB) program. Drawing on Roscoe Pound’s theory of law as a tool of social engineering, the study argues that law functions not merely as an administrative mechanism, but as a means of social transformation designed to build public awareness regarding reproductive responsibility, maternal and child health, and family welfare. The discussion is grounded in the constitutional and legal foundations of the state’s responsibility as enshrined in Article 28H and Article 34(3) of the 1945 Constitution, Law No. 36 of 2009 on Health, and Law No. 52 of 2009 on Population Development and Family Development. The analysis reveals that the KIA–KB program represents a form of state intervention in shaping social behavior, yet its implementation faces dilemmas between collective social objectives and individual bodily autonomy, gender justice, and moral and cultural values. Issues such as unequal distribution of contraceptives, coercive practices toward low-income women, and weak reproductive education reflect ethical deficiencies in the state’s legal responsibility. Therefore, the article emphasizes the need for a humanistic and rights-based model of legal responsibility that ensures distributive justice, respect for bodily autonomy, and gender equality in reproductive health services. The study concludes that the success of health law should not be measured by the extent of state control over population behavior, but by how effectively it safeguards human rights, social welfare, and substantive justice for all citizens
Legitimasi dalam Menjawab Permasalahan Hukum Tentang Batasan Waktu Demonstran Mansur, Mochammad; Mangar, Irma
JURNAL HUKUM PELITA Vol. 6 No. 2 (2025): Jurnal Hukum Pelita November 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i2.5735

Abstract

In the legal view, demonstrations or demonstrations are a tangible form of freedom of expression guaranteed by the constitution. The 1945 Constitution of the Republic of Indonesia, especially Article 28E, provides the basis that everyone has the right to express their opinions, assemble, and association. To ensure that these freedoms can run in an orderly and safe manner, the state then regulates its mechanism through Law Number 9 of 1998 concerning the Freedom of Expression in Public. This research is normative research Normative law research has a tendency to image law as a prescriptive discipline where only looking at law from the perspective of its norms, which of course is descriptive. The time limit is often the reason for the dispersal of actions even though they are peaceful, thus causing the potential for abuse of authority by the authorities. In addition, the absence of a mechanism of flexibility or exceptions under certain conditions makes its implementation prone to conflict between demonstrators and law enforcement

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