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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 669 Documents
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Deviation From The Concept of Levering in Sale and Purchase Transactions Through Criminal Charges of - Embezzlement and/or Fraud Based on Goods Invoices Evi Kongres; Astrid Athina Indradewi; Johanes Dipa Widjaja
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.15.1.2026.197-232

Abstract

Criminal allegations of embezzlement in sale-and-purchase transactions, most frequently initiated by sellers, constitute tangible evidence of adeviation from the legal concept oflevering(delivery). Accordingly, the legal issue addressed in this research concerns thedeviation from the concept ofleveringin relation to theprinciple of freedom of contractand thecriminalization of embezzlement and/or fraud arising from non-performancein sale and purchase transactions evidenced bygoods invoices. This issue arises from the seller’s assumption that agoods invoice does not constitute a binding agreement, which is based on the belief thatownership of the goods remains with the seller despite delivery to the buyer. This research seeks to clarify thelegal concept ofleveringin sale and purchase transactions and its relationship with theprinciple of freedom of contract, particularly in the context of goods invoices, with the aim of preventing the transformation of civil sale and purchase agreements into criminal cases, through legislative approaches, case studies,and conceptualEvi Kongres,Astrid Athina Indradewi, Johanes Dipa WidjajaDeviation From The Concept ofLeveringin Sale andPurchase Transactions Through Criminal Charges of Embezzlement and/or Fraud Based on Goods Invoices198analysis.In the cases analyzed, it appears that courts generally fail to apply thetwo principal benchmarks established in jurisprudence,namely(i) the existence of a legally valid agreement, and (ii) the absence of bad faith. As a result, judicial decisions continue to blur the boundary between civil liability and criminal liability. Thenovelty of this researchlies in emphasizing that theconcept ofleveringgrounded in the principle of freedom of contract,cannot be applied within the framework of the criminal offense of embezzlement.
Court-Connected Mediation: Resolution of Civil Disputes Based on The Principle of Deliberation Indriati Amarini; Noor Kholifah Hidayati; Izzatul Muna
Jurnal Hukum dan Peradilan Vol 15 No 2 (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.15.2.2026.347-364

Abstract

Mediation is a method for peacefully resolving disputes. In Indonesia, mediation has been part of the court dispute resolution process since the introduction of the Dutch East Indies court procedural law. The Supreme Court has since reinforced mediation through regulations to facilitate early dispute resolution. However, the practical application of mediation in courts has not reached its full potential. This research examines the court mediation model in light of Pancasila values. The study employs doctrinal research methods and analyzes secondary data, including laws, regulations, books, research findings, and academic journals, through qualitative analysis. Findings indicate that disputes are ideally resolved through deliberation, with court proceedings a last resort. Mediation aligns with Pancasila's philosophical foundations, emphasizing consensus-building through deliberation. This principle is crucial for national life and governance and is grounded in the Pancasila value of democracy guided by wise deliberation and representation. Court mediation, reflecting Pancasila values, involves a neutral third party, typically a judge, to facilitate a fair resolution, aiming not only for agreement but also for harmony, unity, and justice among the conflicting parties.
Digital Emergency and Regulatory Change in Islamic Microfinance Between Indonesia and Malaysia Miswan Ansori; Abdul Djamil; Mardhiyyah Sahri; Muhlis; Khoirul Anam
Jurnal Hukum dan Peradilan Vol 15 No 2 (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.15.2.2026.365-390

Abstract

The rapid digitalization of Islamic Microfinance Institutions (IMFIs) has generated both opportunities for financial inclusion and new layers of controversy, particularly in relation to Shariah governance, regulatory fragmentation, and consumer trust. This study explores the transformation of Islamic Microfinance Institutions (IMFIs) in response to digital emergencies and shifting regulatory frameworks, focusing on how these changes influence sustainable Shariah compliance. Using a descriptive–explorative qualitative approach, the research examines comparative data from Indonesia and Malaysia through document analysis and digital observation. The findings reveal that regulatory fragmentation, inconsistent fatwa implementation, and limited digital supervision create systemic vulnerabilities that undermine client trust and transparency. Indonesia’s decentralized governance structure encourages innovation but weakens regulatory coherence, while Malaysia’s centralized model ensures stronger compliance but restricts grassroots flexibility. The study contributes scientifically by framing controversy as a constructive driver of institutional reform, integrating maqāṣid al-sharīʿah ethics with regulatory theory, and proposing an analytical model for harmonizing Shariah governance with positive law in the digital era. However, the research is limited by its qualitative scope, the rapid evolution of fintech policies, and the absence of quantitative validation. Overall, the study advances scholarly understanding of how digitalization, law, and Islamic ethics intersect to foster resilient, inclusive, and ethically sustainable financial ecosystems within the Islamic microfinance sector.
Implementing Access to Justice For Persons With Disabilities in The Bantul Religious Court Fajar Fauzani; Francisca Romana Harjiyatni
Jurnal Hukum dan Peradilan Vol 15 No 2 (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.15.2.2026.391-412

Abstract

Access to justice for persons with disabilities in Indonesia’s Religious Courts remains underexplored, even though national legislation and the Convention on the Rights of Persons with Disabilities (CRPD) require disability-inclusive proceedings. This study examines how disability-related access-to-justice norms are implemented in the Bantul Religious Court, identifies the factors that enable or hinder their implementation, and assesses the extent to which current practice conforms to the applicable legal framework. The article plays an exploratory and evaluative role by providing one of the first empirical socio-legal portraits of a religious court that has begun to institutionalize accommodation for persons with disabilities. Data were generated through qualitative empirical legal research: semi-structured interviews with judges, court staff, and ‘Sentra Advokasi Perempuan, Difabel dan Anak’ (SAPDA) representatives; courtroom and facility observation; and analysis of relevant regulations, Standard Operating Procedures, and case documents. Discussion combines descriptive mapping of infrastructure, procedures, and services with normative-empirical analysis against national and international standards. The findings show that Religious Court Bantul has introduced concrete accommodations, including the ‘Siap Antar Jemput Kembali Disabilitas’ (SIANJELITA) transport service, innovation of audio-visual communication channel between judges and disabled parties (deaf and mute) called CHITATA, disability-friendly physical facilities, and structured collaboration with SAPDA. At the same time, gaps persist in early disability screening, continuity of disability-competence training, availability and maintenance of assistive devices, provision of accessible information (such as Braille and screen-reader-compatible content), and disability-sensitive legal aid and complaint mechanisms. The article identifies Religious Court Bantul as a transitional model moving beyond formal compliance toward transformative equality. It outlines priority reforms and research agendas needed to consolidate an inclusive access-to-justice framework within the religious court system.
Navigating Freedom of Speech in Social Media: Reconstruction of the Crime of Defamation in the Era of the New Criminal Code and Its Implications for Freedom of Expression on Social Media Ario Setra Setiadi
Jurnal Hukum dan Peradilan Vol 15 No 2 (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.15.2.2026.233-260

Abstract

The rapid expansion of social media has transformed Indonesia’s public communication environment, enabling broader civic participation while simultaneously generating new legal challenges related to online defamation and digital expression. Within this evolving digital public sphere, the application of criminal defamation provisions, particularly Article 27 paragraph (3) of the Electronic Information and Transactions Law (ITE Law) and defamation provisions within the Criminal Code, has generated significant controversy due to concerns regarding overcriminalization, legal ambiguity, and chilling effects on democratic discourse. This study reassesses the coherence and proportionality of Indonesia’s legal framework governing online defamation and freedom of expression in social media environments, with specific attention to Article 433 of the new Indonesian Criminal Code and the transitional regime under Law No. 1 of 2024 on the second amendment to the ITE Law. Employing a normative juridical approach supported by legislative, conceptual, case, and comparative legal analyses, the research draws on constitutional provisions, statutory regulations, judicial decisions, and international human rights instruments. The findings reveal structural problems in the current framework, including vague statutory definitions, overlapping norms between the ITE Law and the new Criminal Code, inconsistent law enforcement practices, and limited digital forensic capacity, which collectively foster overcriminalization and a chilling effect on legitimate digital expression. To address these challenges, the study proposes the Digital Expression Regulation Framework (DERF), a multidimensional model integrating digital rights, user behavior, legal boundaries, and enforcement mechanisms to balance reputational protection with democratic freedom of expression in Indonesia’s evolving digital public sphere.
Intangible Assets as Bankruptcy Estates: Valuing and Transferring Intellectual Property Rights within a Bankruptcy Context Faisal Akbaruddin
Jurnal Hukum dan Peradilan Vol 15 No 2 (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.15.2.2026.261-288

Abstract

Through normative-comparative analysis of other jurisdictions, in particular US and Chinese laws, this study reveals no clear IP valuation rules in the Indonesian bankruptcy framework, leading to receiver discretion and undervaluation of intangible assets in insolvency. Observations of this study also find a significant challenge in the transfer mechanism for IP rights in insolvency (e.g. through sale or license) and the attendant legal restrictions (e.g. anti-assignment clauses).
Intention and Target of Religion-Based Hate Speech in A Decade of Judicial Decisions Diah Imaningrum Susanti; Fidelis Aggiornamento Saintio; Justin Wejak
Jurnal Hukum dan Peradilan Vol 15 No 2 (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.15.2.2026.323-346

Abstract

The meaning of Religion-based Hate Speech can be explored deeply through the judge's considerations in linking these two issues: freedom to express religious beliefs and the target of the RHS. This research examines how Indonesian judges interpret the RHS in two ways: 1) Did the perpetrator accused of committing religion-based hate speech really have the intention to blaspheme religion? 2) Who is the target in cases of RHS the religion itself, the adherents of the religion, or other parties? The research database includes cases that have permanent legal force for 10 years (2016-2025). The legal materials were collected by downloading decisions related to the RHS that have permanent legal force and have been officially posted on the Supreme Court website. Secondary legal materials are authoritative texts written to interpret or discuss primary legal materials. In the cases analyzed, the perpetrators' intentions were not the only consideration in the judicial decisions. When a speech is considered a religion-based hate speech and becomes a case that is tried, the judge considers the elements that were violated, in this context, namely, creating a commotion and causing hostility. Furthermore, remarks deemed to be religion-based hate speech are those that "offend a religion or belief," and they were linked to protests or demonstrations by followers.
Limitation of The Authority of The Supreme Court in Addressing Cassation Applications for Exceptional Decisions Post The New KUHAP Suharto
Jurnal Hukum dan Peradilan Vol 15 No 2 (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.15.2.2026.289-302

Abstract

This study constructs a critical analysis of the legal implications of Article 299 paragraph (2) letter a of Law Number 200 of 2026 concerning the Criminal Procedure Code (New Criminal Procedure Code), which limits the absolute competence of the Supreme Court in examining cassation requests against acquittals (vrijspraak). Using a normative-doctrinal legal research method, this study identifies legal loopholes through the integration of the statute approach, the conceptual approach, and the case approach. The legal materials are analyzed descriptively-qualitatively using the deductive-syllogistic reasoning method to test the consistency of norms from the perspective of principles, theories, and judicial dynamics. The results of the study suggest that the regulation of restrictions on cassation against acquittals is intended to protect the defendant's rights to legal certainty and the principle of finality of court decisions. However, on the other hand, there are four fundamental weaknesses in the regulation of these restrictions, namely: First, macro-principally, the norm triggers an asymmetry of justice and degrades the right to access to justice for the Public Prosecutor as a representative of the victim and the state. Second, theoretically, this restriction distorts the essential function of the Supreme Court as the guardian of the unity of law (judex juris). Third, vertically, this rule creates disharmony with the ratio decidendi of the Constitutional Court Decision Number 114/PUU-X/2012. Fourth, practically, the absolute firmness of this norm actually contains a historical risk in the form of the re-emergence of anomalous contra legem decisions at the lower court level, replicating the historical precedent of the Supreme Court Decision Number 275 K/Pid/1983.
The Principle of Burden of Proof in Trademark Cancellation Lawsuits Filed by Interested Third Parties Agus Subroto
Jurnal Hukum dan Peradilan Vol 15 No 2 (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.15.2.2026.303-322

Abstract

The principle of the allocation of the burden of proof in such lawsuits generates complex problems within the intellectual property (IP) evidentiary system, particularly due to the imbalance of legal standing between registered trademark owners and third parties filing cancellation claims on the grounds of non-use for three consecutive years. This study advances new arguments in: (1) the philosophical foundations of intellectual property/trademark law and the principle of equitable evidentiary rules, and (2) the ratio legis and the principle of burden-sharing in such third-party claims. The rigid application of the maxim actori incumbit probatio is no longer adequate in the context of modern commerce. Establishing proof of a negative fact—namely, the non-use of a trademark—requires a new paradigm in the form of a limited reverse burden of proof mechanism. The evidentiary burden may be proportionally shifted to the trademark owner, obliging them to demonstrate genuine use. The lack of clarity in the regulation of non-use evidence has resulted in disparities in judicial decisions and legal uncertainty. Accordingly, this study, employing a normative legal research method, concludes that a reconstruction of evidentiary principles that are fair and balanced is necessary.

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