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Jurnal Hukum dan Peradilan
Published by Pusat Penelitian dan Pengembangan Hukum dan Peradilan MA RI
ISSN : 23033274     EISSN : 25281100     DOI : https://doi.org/10.25216/jhp
Core Subject : Economy, Social,
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice
Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, empirical, and contributive literature on the dynamics and development of legal studies, specifically in Indonesia. JHP welcomes scientific papers on a range of topics from research studies, judicial decisions, theoretical studies, literature reviews, philosophical and critical consultations that are analytical, objective, and systematic. However, from a wide range of topics that researchers can choose from, JHP puts more attention to the papers focusing on the sociology of law, living law, legal philosophy, history of national law, customary law, literature studies, international law, interdisciplinary, and empirical studies. Jurnal Hukum dan Peradilan (JHP) is a media dedicated to judicial personnel, academician, practitioners, and law expertise in actualizing the idea of research, development, and analysis of law and judiciary. Jurnal Hukum dan Peradilan comes out three times a year in March, July, and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 14 No 3 (2025)" : 8 Documents clear
Bridging The Gap: Reconciling Privacy Data Protection With Indonesian Collectivism Taufiqurrohman, Moch. Marsa; Murwadji, Tarsisius; Lita, Helza Nova
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.549-598

Abstract

This article analyzes the interplay between Indonesia’s collectivist cultural values and the implementation of Law No. 27 of 2022 on Personal Data Protection (Law No. 27/2022). The Law faces significant challenges in a society where awareness of data privacy remains low. This article utilizes a socio-legal research methodology to explore the cultural factors influencing Indonesian societal attitudes and behaviors towards data privacy. The article begins by outlining the core regulatory framework of Law No. 27/2022, comparing its implementation within individualistic and collectivist contexts. It highlights the inherent tension between the Law’s emphasis on individual data rights and Indonesia’s deeply ingrained collectivist values, which prioritize communal harmony and open information sharing. This cultural tendency often overshadows concerns about potential security risks, hindering the Law’s effective implementation. To bridge this gap, the article proposes a “hybrid” approach that integrates international data protection standards with culturally relevant strategies. This includes emphasizing the collective benefits of data protection, framing it as a shared responsibility to protect the community’s well-being. Furthermore, the article stresses the importance of public education campaigns tailored to resonate with Indonesian cultural values. By empowering individuals with knowledge and legal awareness, the article argues that Indonesia can foster a more balanced approach to data protection that respects both individual rights and collective harmony.
Comparative Analysis of Judicial Statistics Reform: Insights From The US, Canada, and The UK Sophia, Sally; Zahra, Salma; Azizan, Akmal; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.495-530

Abstract

In the context of modern judiciaries, the effective utilization of judicial statistics is pivotal for informed decision-making and policy formulation. Indonesia, like many nations, faces challenges in the dissemination, content coherence, raw data sharing, historical analysis, and collaborative efforts concerning judicial statistics. This research addresses these gaps by proposing innovative solutions to enhance the efficacy of judicial statistics in Indonesia. The primary objective is to transform the existing landscape by advocating for the adoption of web-based platforms, restructuring content and format, resolving raw data dissemination challenges, emphasizing the significance of historical data, and promoting collaborative efforts between research institutions and court data centers. The purpose is to provide a comprehensive framework that not only addresses current issues but also lays the foundation for sustainable, transparent, and informed statistical practices. This study employs a qualitative approach through a comparative analysis, examining existing literature, policy documents, and judicial statistics practices in the US, Canada, and the UK. By contrasting these systems with Indonesia’s framework, the study identifies best practices and potential improvements for judicial data management. The research presents a multifaceted approach to enhance the efficacy of judicial statistics in Indonesia. By transitioning to web-based platforms, ensuring content coherence, addressing raw data dissemination challenges, emphasizing historical data analysis, and promoting collaborative efforts, the proposed framework offers practical solutions. Implementation of these strategies can significantly improve the accessibility, accuracy, and relevance of judicial statistics. Consequently, this approach not only benefits researchers and policymakers but also fosters transparency and accountability within the Indonesian judiciary, paving the way for evidence-based decision-making and informed policy formulation in the legal sector.
The Supreme Court and Islamic Family Law Reform: A Review of Policy Direction and Implementation Challenges Muchlis; Sururie, Ramdani Wahyu; Fautanu, Idzam; Saepulah, Usep; Gumilar, Gugun
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.677-700

Abstract

The reform of Islamic family law is not only related to legal matters but also to the social and cultural values surrounding it. In Indonesia, the development of Islamic family law has relied on the government and the legislature, as reflected in the enactment of the Marriage Law and the Compilation of Islamic Law. However, the lengthy legislative process, which is often laden with political interests, makes it difficult to accelerate legal reform. This study aims to analyze the role of the Supreme Court, particularly the Religious Chamber, as an institution with the potential to expedite the reform of Islamic family law through its judicial authority. applying a qualitative method and descriptive analysis, this research finds that the Supreme Court contributes significantly to Islamic family law reform through progressive decisions and the Plenary Meetings of the Religious Chamber producing  legal formulations. The main findings show that the reform agenda promoted by the Supreme Court focuses on strengthening the protection of women’s and children’s rights. The study also identifies two major challenges in implementation: variations in judges’ adherence to the plenary formulations and limited public access to information regarding the plenary outcomes. These findings underscore the importance of optimizing the role of the Supreme Court as a strategic driver in accelerating the reform of Islamic family law in Indonesia.
Acting Rightly For The Right Reason: Joseph Raz’s Philosophical Thoughts About Authority Artha Debora; Mustansyir, Rizal; Tjahyadi, Sindung; Muthmainnah, Lailiy
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.629-650

Abstract

A philosophical analysis of Joseph Raz’s conception of authority critically examines his claim that the obligation to obey the law is not absolute and is put as the main concern of this article. It highlights the inherent tension between legal rules and moral justification, the raising question of whether a legal system can maintain legitimacy without a convincing ethical foundation. For Raz, authority recognized within a legitimate legal system cannot rely solely on rule-based commands; it must also guide individuals in making morally sound decisions, especially in complex and conflicting circumstances. The article examines how legal systems can building public trust not merely through authoritative resolution, but by reflecting justice-oriented values realized by society., According to Raz, authority achieves legitimacy when it enables individuals to act rightly for the right reasons. Thus, law should not be viewed solely as an instrument of power, but as a moral framework fostering ethical responsibility. The article concludes that legal legitimacy requires the integration of moral values into both legal reasoning and practice, ensuring that authority is not only legally binding but also ethically accountable.
Drafting Laws for The Lifeless: A Legal Framework for Criminal Liability and Punishment for Artificial Intelligence Fransisco, Wawan
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.701-718

Abstract

In this modern era, Artificial Intelligence (AI) has penetrated almost every aspect of life, offering tremendous benefits to humanity. However, like two sides of a coin, AI also presents serious risks, including its use in criminal act. For example, AI-powered lethal autonomous weapons can select targets and make killing decisions without human involvement. Similarly, autonomous cars can cause fatal accidents. A crucial question arises in these cases: Who should be held accountable? Is it the developer, the owner, the user, the supervisor, or even the AI itself? In criminal law, liability requires two main elements: actus reus (wrongful act) and mens rea (malicious intent). However, is it possible for AI to have malicious intent? Can AIs be treated as legal subjects worthy of punishment? This article critically examines the legal dilemma and offers three conceptual models to enable AI criminal liability. In addition, it analyses the possibility of imposing sanctions, such as imprisonment and fines, on non-human entities, as well as the relevance of theories of punishment in the context of AI. An analysis of the benefits and risks of punishing AI is also comprehensively outlined as an alternative to other solutions.
Ensuring Justice in Child Support After Divorce: A Jurimetric Review of at Religious Court of Demak Decision nafhani, ahmad; Suriyani, Irma; Luthfan, Gusti Fadhil Fithrian; Atik Dina Nasikhah
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.531-548

Abstract

Child support is a fundamental right ensuring a child's welfare even after the parents' divorce. In Indonesia, the father is legally obligated to provide both retroactive child support (madhiyah) and prospective child support. However, in practice, the enforcement of these obligations remains inconsistent, and the absence of objective instruments in determining the amount of support creates disparities and weakens the protection of children's rights. This study aims to analyze how judges at the Court of Demak interpret and apply the law regarding retroactive and prospective child support). Using a normative juridical method supported by jurimetric analysis, this research finds that the Religious Court of Demak’s decision concretely guarantees both types of child support through measurable instruments. Retroactive maintenance is determined using a historical audit model based on proven expenses, while prospective maintenance applies a dynamic projection model adjusted to inflation. The decision demonstrates a progressive judicial effort to ensure objective justice, accountability, and long-term legal protection for children within Indonesia’s family law system.
The Potential of Generative Artificial Intelligence Based on Applications in Judicial Supervision in An Efforts to Reduce Corruption, Collusion, and Nepotism Irawan, Adeng Septi
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.599-628

Abstract

Time has become more advanced and artificial intelligence technology AI (Artificial Intelligence) is developing rapidly. Electronic court-based court technology (e-Court) is starting to become commonplace in the Supreme Court Jurisdiction. However, in practice, the behavior of corruption, collusion, and nepotism still occurs recently in the Supreme CourtJurisdiction, ranging from cases of bribery of judges in handling cases, arrogant behavior of judges in trials, to the behavior of judges or employees committingethical and legal violations. It seems like an endless stream of incidents that should not exist, due to technological advances, are instead emerging. This research aims to provide new ideas regarding the potential of Generative. Application-based AI (Artificial Intelligence) in the context of Judicial Supervision to reduce corruption, collusion, and nepotism behavior. This study applies a library research approach study (Literature Study) with an analytical prescriptive method (analytical method using legal materials and information and communication technology materials to produce appropriate recommendations in application-based decision making) and application-based legal hermeneutics (interpretation). The results of this research data indicate that there is a fairly large anomaly, where advances in information and communication technology have not been able to suppress the behavior of corruption, collusion, and nepotism in the judiciary. This problem emerged the idea of ​​using application-based Generative AI (Artificial Intelligence) in judicial supervision management. Generative AI (Artificial Intelligence) is a type of AI that can create new content and ideas.
Implications of The Revision of The Wantimpres Laws on The Government System in Indonesia Silvanti, Amelia; Amancik; Dinata, Ari Wirya
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.651-676

Abstract

The revision of Law Number 19 of 2006 concerning Wantimpres is one example of a legal product that was born during the lame-duck session and enacted through fast-track legislation. The amendment article contained in the laws a quo raises legal debates and affects the system of government in Indonesia. The main problem discussed in this study is the position of the Presidential Advisory Council following the revision of the Presidential Advisory Laws within the Indonesian government system. Moreover, how effective is the position in comparison with the Indonesian Presidential Advisory Institute and the French Conseil d'Etat? The research method is normative legal research, using both a regulatory and a comparative approach. The results of this study are as follows: (1) The Article on the amendment of the law a quo raises various polemics in the Indonesian government system, especially changes in the position and membership structure of the Wantimpres. (2) Between the Advisory Council of the President of Indonesia and the Conseil d'Etat of France, in terms of position and membership structure, the Conseil d'Etat is much more effective in fulfilling its responsibilities as a council of state. These figures are based on the position and structure of the Conseil d'Etat. As a suggestion in this study, the amendment of the Presidential Advisory Law should refer to its effectiveness as an advisory institution to the president.

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