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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 661 Documents
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Ensuring Justice in Child Support After Divorce: A Jurimetric Review of at Religious Court of Demak Decision ahmad nafhani; Irma Suriyani; Gusti Fadhil Fithrian Luthfan; 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 Adeng Septi Irawan
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 Amelia Silvanti; Amancik; Ari Wirya Dinata
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.
Pluralism and Justice in Islamic Inheritance Law: Contextualization and Harmonization of Sharia Principles with Indonesian Social Realities Muhammad Hafis; Juliani Syafitri; Jumni Nelli
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.31-58

Abstract

This study aims to uncover the historical-philosophical foundations of pluralism in Islamic inheritance law through the Prophet Muhammad's mechanism of accommodation towards pre-Islamic traditions ('urf), as well as to provide an integrative methodological framework for contextualizing inheritance justice. This study is significant because it addresses the limitations of previous studies, which were descriptive and partial, by exploring the dynamic roots of Sharia in responding to socio-historical realities. This study employs an integrative qualitative approach with three analytical frameworks: first, philosophical-historical: tracing the dialectic between universal values (tsawābit) and contextual values (mutaghayyirāt) in inheritance law through asbāb al-nuzūl and pre-Islamic Arab social realities. Second, thematic-holistic: connecting inheritance verses (QS. An-Nisā’: 11-12) with the principle of justice across texts (QS. Al-Ḥujurāt: 13, Al-Mā’idah: 8) and maqāṣid al-syari’ah (hifẓ al-māl, al-nafs, al-nasl). Third, empirical-contextual: testing the implementation of universal-particular values in the Indonesian context. Based on this study, it can be concluded that the 2:1 inheritance ratio is responsive-contextual to the pre-Islamic Arab social structure (financial responsibility of men), not a rigid rule. The principle of universal justice in the Qur’an (‘adl, maṣlaḥah) opens space for recontextualization in the modern era, such as the Minangkabau hybrid model or the 1:1 share allocation that considers women’s economic contributions. This integrative framework of text-maqāṣid-contextuality offers a new perspective in inheritance ijtihad, promoting flexibility in Sharia based on substantive justice without disregarding the authenticity of the text. Policy implications include strengthening consultation mechanisms in the Compilation of Islamic Law (Article 183) and progressive reinterpretation in religious courts.
Regulatory Reform in The Era of Digital Constitutionalism Abdulloh; Khairul Fadli Rambe; Mulia Darma
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.59-80

Abstract

The digital era has permeated the legal and justice systems, posing serious challenges to constitutional justice. AI can replicate algorithmic bias and reinforce inequality. Indonesian regulations (the PDP Law and the ITE Law) are insufficient to address AI ethics and procedural justice. This gap requires a robust ethical framework for technology to be a tool of justice. This study aims to formulate ethical standards and principles based on Siyasah Dusturiyah, integrating them into Digital Constitutionalism to fill this legal void. The study uses a normative legal method (doctrinal legal research) with legislative and comparative approaches. A descriptive-comparative analysis examines the Indonesian legal framework alongside EU regulations (the EU AI Act and the GDPR) to identify best practices. Results show significant gaps in Indonesian law on AI ethics, in contrast to the EU's proactive integration of ethical standards. Thus, this study proposes adapting three principles—Ethical Impact Assessment, Human Oversight, and Right to Be Fixed—as the ethical foundation of Indonesian Digital Constitutionalism. Such adaptation is crucial to ensure accountability of digital systems and strengthen citizens' constitutional rights.
Prospects of AI Use in The Supreme Court: Comparison of Canada and Indonesia Geofani Milthree Saragih; Ade Sathya Sanathana Ishwara; Jeremy Aprilian Hutauruk; Mohamad Juliandri Rahman; Mariko Hattori
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.1-30

Abstract

The opportunities and challenges of applying artificial intelligence (AI) in law enforcement are the main focus of a comparative study between the Indonesian Supreme Court and Canadian judicial guidelines. In Canada, AI has been used to support transparency, speed, and consistency in decisions through decision prediction, case management, and legal data processing. This serves as an important inspiration for Indonesia, which is currently exploring the use of similar technology in its judicial system. The main challenges faced by Indonesia include limited digital infrastructure, the absence of comprehensive regulations governing the use of AI, and concerns regarding the integrity of decisions and the principle of justice. A normative juridical method combined with a comparative literature review was employed to examine the regulatory frameworks, court practices, and applications of artificial intelligence in each country. The study's findings indicate that despite the significant challenges in Indonesia, the opportunities for AI implementation remain vast. AI implementation must be supported by adaptive national policies, capacity building for judicial officials, and continuous oversight to maintain the integrity of decisions and legal certainty. This study provides strategic recommendations for strengthening Indonesia's legal system in an increasingly complex and dynamic digital era.
Living Law on The Margins: A Critical Review of Article 2 of The 2023 Indonesian Penal Code Antoni Putra; Lucky Raspati; Taufik Rachman; Iwan Kurniawan
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.81-110

Abstract

The recognition of living law in society, as stipulated in Article 2 of Law Number 1 of 2023 on the Indonesian Penal Code (KUHP), appears to be a progressive step toward respecting legal pluralism in Indonesia. However, this recognition is conditional and places customary law in a subordinate position to state law. This article critically examines how Article 2 of the KUHP systematically narrows the space for customary law and disregards the sociological reality of living legal traditions. This study employs a normative juridical research method, focusing on the analysis of statutory provisions, legal doctrines, and relevant academic literature. Customary law, which has long been effective in resolving social conflicts, is marginalized due to its perceived incompatibility with formalistic and universal legal principles. This article proposes a deliberative approach as an alternative through equal and dialogical engagement between state and customary legal systems, emphasizing affirmative recognition that respects the autonomy of local legal communities. In doing so, recognizing customary law should not be a limiting instrument but a means to strengthen contextual justice within Indonesia’s diverse society.
Giving Voice to Child Victims: Victim Impact Statements as a Path toward Victim-Centered Justice Anang Riyan Ramadianto; Suhadi; Indah Sri Utari; Eva Syahidah
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.171-196

Abstract

Sexual violence against children constitutes a grave violation of human dignity and causes long-term psychological and developmental harm. Although Indonesia’s Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) reflects a victim-oriented substantive framework, criminal procedure law remains largely offender-centered. Neither the current nor the newly enacted Criminal Procedure Code recognizes the Victim Impact Statement (VIS) as a formal mechanism for conveying victims’ experiences during criminal proceedings. This study examines the urgency of VIS in realizing victim-centered justice and formulates a regulatory model for its integration into UU TPKS. Using normative juridical research with statutory, conceptual, and comparative approaches, the study analyzes relevant legislation, judicial regulations, and scholarly literature. The findings reveal a regulatory gap between substantive victim protection and procedural mechanisms. This article proposes standardized VIS provisions to strengthen restorative justice and ensure judicial decisions reflect the recovery and dignity of child victims.
Reformulation of Narcotics Regulations to Eliminate Inconsistent Interpretation for Narcotics Offenders Anita Zulfiani; Hartiwiningsih; Dian Esti Pratiwi; Yussri Sawani
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.111-138

Abstract

A considerable number of correctional facilities and detention centres in Indonesia are currently grappling with overcrowding issues, primarily driven by inmates involved in narcotics-related cases. This research aims to investigate the inconsistencies within narcotics regulations that lead to diverse interpretations of the law by law enforcement officials. The pressing aim of this study is to reduce the population of narcotics offenders serving prison sentences, thus alleviating the problem of overcrowding. This research adopts a qualitative methodology focusing on legislative and conceptual analysis. The research findings underscore the necessity for a revision of narcotics legislation. More specifically, this involves categorizing narcotics offenders based on their intent, making a clear distinction between "narcotics users," encompassing individuals who use drugs, suffer from addiction, or have become victims of narcotics abuse, and "narcotics profiteers," which includes those engaged in selling, facilitating transactions, manufacturing, or inducing others into narcotics abuse and victimization. In summary, this research highlights that consistency is needed in the regulation of narcotics articles by creating clear categories of behavior that are included in narcotics crimes to eliminate the various interpretations of the law, ultimately ensuring a fair and legally certain criminal justice system.
Constitutional Internalization of Islamic Law in a Pancasila State Adi Prihasmoro; Chaerul Anwar; Yayan Sopyan; Raihanah Abdullah; Riris Ardhanariswari
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.139-170

Abstract

This article aims to provide a positive perspective on the contribution of Islamic law since the birth of the Unitary State of Indonesia (NKRI), UUD 1945, and Pancasila. The research was conducted through a literature study tracing the history of implementing Islamic law and its internalization into the national legal system, alongside the development of an increasingly religious Indonesian population. In the post-Reformation era, Islamic law appears to have gained momentum in shaping national law. The romanticism of the nation's religious ambition to believe in God, with the obligation to carry out sharia for its adherents, comes back alive and rises. That nation's religious ambition is recorded in the history of the Pancasila version of the Jakarta Charter in 1945. This spirit has been integrated into the history of the birth of the Republic of Indonesia, the UUD 1945, and Pancasila, and remains alive and deeply rooted in the nation spirit. The study shows that in the NKRI, Islamic law could be applied lawfully. It is implemented constitutionally based on Pancasila. The integration of Islamic law that characterizes national law can work without reducing the rights and obligations of adherents of other religions in Indonesia.

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