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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 653 Documents
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Strengthening Courtroom Integrity in Indonesia: Addressing Technological and Security Challenges Through Global Best Practice Sophia, Sally; Zahra, Salma; Azizan, Akmal; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 14 No 2 (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.14.2.2025.251-280

Abstract

Maintaining order in the courtroom is essential for ensuring fair and efficient judicial proceedings. However, Indonesian courts face increasing challenges in managing courtroom decorum due to evolving disruptive behaviors driven by technological advancements and societal changes under the 4th Industrial Revolution. This research examines the current state of courtroom management in Indonesia, identifying gaps such as unauthorized electronic recordings, inadequate systems for remote trial decorum, and insufficient courtroom security measures. Using a literature-methods approach, the study analyzes incident reports, judicial practices, and international best practices from countries like Germany, Japan, and Canada. Findings reveal significant weaknesses in the regulation of technology use, courtroom security frameworks, and the public perception of traditional practices. The research concludes that Indonesia's judiciary must adopt forward-thinking strategies to enhance courtroom management and public trust. Key recommendations for the Supreme Court include regulating electronic device usage, establishing a court police system, introducing summary procedures for in-court offenses, and revising the "all rise" practice to align with cultural sensitivities. These measures ensure a resilient, adaptive judiciary prepared to address current and future challenges effectively.
Cumulation of Lawsuits Between Administrative Decisions and Factual Actions in Administrative Court Decisions Pasaribu, David; Silalahi, Irene Cristna; Purba, Selviana
Jurnal Hukum dan Peradilan Vol 14 No 2 (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.14.2.2025.459-494

Abstract

The concept of Administrative Decisions (KTUN) has evolved considerably since the promulgation of the Government Administration Law (AP Law), especially with the broadening of disputed objects to cover governmental actions. This change was further reinforced by Regulation of Supreme Court Number. 2 of 2019, transferring jurisdiction over tort claims against government officials from the GeneralCourts to the Administrative Courts (PTUN). However, its implementation remains challenging, especially regarding the cumulative filing of KTUN and tort lawsuits, remaining unregulated explicitly, as referred to in Supreme Court Decision No. 343 K/TUN/TF/2024 and number 594 K/TUN/TF/2024. The core issues include the ratio legis behind the expanded interpretation of KTUN under AP Law, judicial reasoning in accepting the accumulation of disputed objects and formulating an ideal concept for combining KTUN and factual actions in one claim. This research adopts a normative (doctrinal) method with a casuistic-conceptual approach. The findings indicate that the expansion of KTUN under AP Law aims to enhance legal protection for citizens against administrative actions, promote good governance, ensure governmental accountability, and broaden the supervisory role of PTUN. Supreme Court Decisions Number 343 K/TUN/TF/2024 and Number 594 K/TUN/TF/2024 affirm that cumulative claims involving KTUN and factual actions are permissible when both share a strong legal correlation as part of a single administrative series. The ideal concept of cumulative lawsuits includes close legal relevance, consistency among the object, legal grounds, and claims, support for a swift, simple, and low-cost judicial process, promotion of legal utility, prevention of conflicting rulings, and avoidance of prohibited claim mixing.
Access to Justice: An Effective Pretrial Model to Guarantee the Right to Defense for Suspects in Indonesia Susilo, Erwin; Din, Mohd; Suhaimi; Mansur, Teuku Muttaqin
Jurnal Hukum dan Peradilan Vol 14 No 2 (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.14.2.2025.317-350

Abstract

This paper examines the ineffectiveness of the pretrial mechanism in Indonesia in guaranteeing the right of suspects to submit and request examination of exculpatory evidence during the investigation stage. Although the Criminal Procedure Code (CPC) provides a legal basis for this right, no rules guarantee that investigators will conduct such examinations, as evidenced by several cases in which investigators ignored such requests. This study is normative legal research, employing a statutory, conceptual, and comparative approach. It compares the Brady Rule in the United States, which requires prosecutors to disclose evidence favorable to the defendant, and the Dutch model of the 'rechter-commissaris', which grants judges the authority to oversee investigative actions actively. The results of this study recommend expanding the authority of pretrial judges to order investigators to examine mitigating evidence based on requests from the suspect or their legal counsel. This reform is important to realize the principles of fair trial, favor defensionis, and equality of arms, as well as to strengthen constitutional protection of human rights and the values of Pancasila. Preliminary hearings, as conceptualized here, can address the injustices that remain unresolved despite decades since the enactment of the CPC in 1981.
Gender Bias in The Indonesian Correctional System: A Legal Analysis of Human Rights Protection Gaps for Female Prisoners Monica, Dona Raisa; Marpaung, Indra Joseph; Al Akayleh, Shaker Suleiman Ali; Maroni; Fardiansyah, Ahmad Irzal
Jurnal Hukum dan Peradilan Vol 14 No 2 (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.14.2.2025.281-316

Abstract

The correctional system in Indonesia is designed to rehabilitate prisoners humanely, without discrimination. However, in practice, female prisoners often face inequal treatment due to correctional structures and policies that are still gender biased. This article aims to analyse the gap in human rights protection for female prisoners in Indonesia through a normative legal research approach supported by empirical data, which is then analysed qualitatively. The results of the study found that although the national legal framework already includes human rights principles, in practice, female prisoners still face various structural injustices and gender bias, such as a lack of reproductive health facilities, insufficient protection from violence, and limited access to women-friendly basic services. This article concludes that there is a need for policies to guide the treatment of female prisoners and to strengthen oversight mechanisms to ensure the fulfilment of human rights for female prisoners. This study contributes to developing a more just and equitable correctional law.
The Authority of Judges in The Application of Restorative Justice for Children in Indonesia Dewi, Riska Ameliana; Aprilianda, Nurini; Mulyono, Bambang Hery; Priadi, Randy Hilman
Jurnal Hukum dan Peradilan Vol 14 No 2 (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.14.2.2025.401-424

Abstract

This study aims to analyze the authority of judges in applying the principle of restorative justice in cases involving children in conflict with the law and the obstacles to its implementation. The research approach uses a normative legal method with a legislative, conceptual, and case approach. Secondary data were collected through a review of six main laws, eight court decisions, and twenty-five related academic sources, then analyzed qualitatively using deductive reasoning. The results show that the authority of judges in applying restorative justice is based on the value of substantive justice as stipulated in Supreme Court Regulation Number 1 of 2024. However, its implementation is still hampered by regulatory inconsistencies between law enforcement agencies, a low level of understanding among officials and the public, and the absence of uniform technical guidelines. This study emphasizes the need for regulatory synchronization and capacity building among officials to ensure the effective and fair implementation of restorative justice oriented towards the best interests of children in Indonesia.
Bridging The Gap: Reconciling Privacy Data Protection With Indonesian Collectivism Moch. Marsa Taufiqurrohman; Tarsisius Murwadji; Helza Nova Lita
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 Sally Sophia; Salma Zahra; Akmal Azizan; Nurajam Perai
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; Ramdani Wahyu Sururie; Idzam Fautanu; Usep Saepulah; Gugun Gumilar
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 Silalahi
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 Wawan Fransisco
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.

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