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Jurnal Ilmiah Hukum dan Hak Asasi Manusia
Published by Goodwood Publishing
ISSN : -     EISSN : 27983498     DOI : https://doi.org/10.35912/jihham
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah jurnal yang menerbitkan artikel dengan topik bahasan seputar dunia hukum serta masalah-masalah kemanusiaan. JIHHAM menyambut baik pengiriman artikel ilmiah berbentuk studi hukum empiris maupun studi hukum normatif. JIHHAM diharapkan dapat menjadi mediator bagi para dosen, mahasiswa, peneliti, serta praktisi untuk menyebarluaskan temuan, ide dan gagasannya dalam menyelesaikan berbagai permasalahan hukum yang terjadi serta untuk memajukan ilmu hukum di Indonesia. Scope Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah sebagai berikut (Namun tidak terbatas asalkan masih dalam ruang lingkup ilmu hukum dan hak asasi manusia): - Hukum Tata Negara - Hukum Pidana - Hukum Perdata - Hukum Internasional - Hukum Islam - Sengketa Hukum - Masalah Hukum yang berkaitan dengan Hak Asasi Manusia
Arjuna Subject : Ilmu Sosial - Hukum
Articles 137 Documents
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Implikasi Hukum Pembayaran Dividen atas Saham yang Disita dalam Kasus Korupsi Yudha Cristovany Marbun
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 1 (2025): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i1.4678

Abstract

Purpose: This study aims to examine the knowledge and understanding of the implementation of the tax system, including the quality of tax services provided by authorities, and to evaluate various factors influencing taxpayer compliance in Indonesia. Methodology: This study uses a juridical and sociological legal approach, applying descriptive-analytical methods. Data were collected from the literature and relevant sources and then analyzed qualitatively by organizing the information into coherent narratives to draw conclusions. Results: Low tax compliance is influenced by several factors, including limited public knowledge of tax regulations, low financial literacy, insufficient public awareness campaigns, and underutilized benefits of modernized tax services. Taxpayers are often unaware of the incentives offered for compliance. Additionally, cultural variables, such as the perception of tax obligations as communal idealsshaped by justice and social responsibility, play a role. However, there is still resistance due to unfamiliarity with online administrative procedures. Conclusion: Voluntary tax compliance improves when tax policies are perceived as fair and the benefits of paying taxes are recognized. Ethical and environmental elements, particularly those embedded in Indonesia’s communal culture, significantly influence taxpayer behavior. Although legal enforcement can increase compliance, social norms have a limited impact on actual tax practices. Ultimately, tax compliance directly supports national development and the public welfare. Limitations: This qualitative study may reflect some degree of subjectivity, and its findings are not generalizable. Citations are included to minimize bias. Contribution: This study suggests simplifying tax return terminology, utilizing free tools for profiling and monitoring taxpayer behavior, and improving outreach through Business Development Services (BDS) to enhance public understanding and compliance.
Criminalization Policy for Child Sexual Offenses from the Perspective of Child Protection in Indonesia Dioz Thimoteus Togatorop
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.5692

Abstract

Purpose: This study aims to analyze the criminal law policy against perpetrators of child sexual intercourse and legal protection efforts for victims based on the best interests of children in the Indonesian criminal system. Methodology: This research uses a normative legal method with a descriptive-analytical approach, using primary legal materials (Law No. 35 of 2014, Criminal Code, court decisions) and secondary (literature, journals), with analysis through statutory interpretation and content analysis. Results: Criminal law policies have been implemented in a formulative, applicative, and executive manner with preventive, repressive, and rehabilitative child protection, but their effectiveness is still hampered by structural and cultural constraints and limited child-friendly facilities. Conclusions: Criminal law policies regarding perpetrators of child sexual intercourse are comprehensive but not yet optimal; synergy between penal and non-penal approaches, regulatory reforms, and increased capacity of officials and public awareness are needed to achieve fair and child-friendly justice. Limitations: The research is normative in nature, so it does not reflect actual field conditions or the implementation of legal policies in practice, nor does it include comparison with other legal systems. Therefore, the findings are limited to conceptual and doctrinal analysis and require further empirical study. Contributions: This research strengthens the study of child protection-based criminal law and emphasizes the importance of criminal law reform towards a child-friendly justice system that focuses on the best interests of children.
Analysis of Migrant Smuggling as a Transnational Organized Crime Dioz Thimoteus Togatorop
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.5990

Abstract

Purpose: This study aims to analyze migrant smuggling as an organized transnational crime and examine law enforcement practices in Indonesia and their implications for the protection of migrants' human rights. Methodology: This study uses a normative legal research method with a statutory, conceptual, and comparative approach. Data were obtained through a literature review of national and international laws and regulations, legal doctrines, and literature related to migrant smuggling. Results: The findings indicate that migrant smuggling is a transnational organized crime involving cross-border networks. Law enforcement in Indonesia tends to focus on immigration and repressive aspects, often positioning smuggled migrants as lawbreakers rather than victims of crime. Conclusions: A law enforcement approach that is not oriented toward human rights protection has the potential to neglect migrants’ rights to liberty, personal security, and legal protection. Harmonization of criminal law and immigration policies with human rights principles and more effective international cooperation are needed. Limitations: This study is limited to normative legal analysis and does not include empirical data from field-based law enforcement practices. As a result, the findings reflect doctrinal and conceptual interpretations rather than practical implementation. The absence of empirical evidence limits a full understanding of how migrant smuggling laws are enforced in practice, thus requiring further socio-legal research. Contributions: This study contributes a conceptual framework for developing human rights-based legal policies in migrant smuggling cases, emphasizing the protection of migrants as victims of transnational organized crime.
Legal Analysis of the Role of the Aceh Government in Optimizing Health Provision in Aceh Amzar Ardiyansyah; Nazaruddin Nazaruddin; Al Muttaqien; Usman Boini; T Yasman Saputra
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.6344

Abstract

Purpose: Law Number 11 of 2006 concerning the Governance of Aceh mandates the responsibility of providing healthcare facilities to the Aceh Government. This study aims to determine the effectiveness of the Aceh Government’s healthcare infrastructure provision based on this legal framework. Research Methodology: Normative legal research using a regulatory and conceptual approach. Secondary data, consisting of primary, secondary, and tertiary legal materials, were qualitatively analyzed through document studies, literature, scientific journals, and related regulations. Results: The Aceh Government’s provision of health services is regulated by Article 183 of the Aceh Government Law in conjunction with Article 66 and Article 22 of the Qanun on Health, which constitutes asymmetric decentralization under Article 18A paragraph (1) of the 1945 Constitution. Health supervision is necessary through programs agreed upon by the executive and legislative branches of the government. Conclusions: The Aceh Government has attempted to maximize its authority through cross-sectoral collaboration to improve service quality. However, strengthening legal instruments, establishing stricter service standards, and revising Aceh Qanun Number 4 of 2010 concerning health are needed to ensure optimal service delivery. Limitations: Time constraints and difficulty in meeting respondents and informants in person. Contributions: This study provides a novel approach to legal reconstruction for special-autonomy-based health governance. The results contribute to strategic recommendations for the Aceh Government in reforming health sector policies. A limitation of this research lies in the focus of the analysis, which relies on normative data owing to the limited accessibility of direct field data.
Ru-Ketu Tradition in the Modern Era: Challenges of Customary Law within Indonesia’s Rule-of-Law State Framework Chatryen Dju Bire; Melinda Ratu Radja; Yossie Maria Yulianty Jacob; Raditya Maharani; Jenny Ermalinda; Mardiana Hasbullah
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.6373

Abstract

Purpose: This study explores the role of the Ru-Ketu tradition within the framework of Indonesian law, focusing on the gap between its function as a living law and its declaratory status within the national legal system. Research Methodology: The research adopts an empirical legal method with a socio-legal approach in Sabu Raijua Regency, and the data were analyzed qualitatively through categorization and thematic interpretation of primary and secondary data. Results: The findings indicate that Ru-Ketu possesses a clear normative structure as an effective mechanism of social regulation in the Sabu society. However, its recognition at the national level remains largely declarative and is hindered by the dominance of positivist legal epistemology, internal religious dynamics, and folklorization risk. Conclusions: This study concludes that a more inclusive and dialogic legal approach is needed to bridge the gap between customary and state law. Such an approach should go beyond symbolic recognition toward substantive integration, enabling customary law like Ru-Ketu to function as living law within Indonesia’s plural legal system while maintaining its social legitimacy and normative role. Limitations: This study is limited to Sabu Raijua Regency; therefore, the findings are context-specific and reflect local socio-cultural conditions, and may not be fully generalizable to other customary law settings in Indonesia. Contributions: This study contributes to the discourse on legal pluralism by highlighting the discrepancy between formal recognition and substantive function and promoting a more substantive integration of living law into Indonesia’s national legal system.
Legal Problems of Inheritance Clauses for Cryptocurrency Digital Assets in Indonesia Andi Mumtaz Jamaluddin Fatwa; Ahmad Fajruddin Fatwa; Muhammad Waliyuddin Yusuf; Muflikhatul Khoiroh; Suqiyah Musafa'ah
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.6392

Abstract

Purpose: The study examines the legal uncertainty surrounding cryptocurrency inheritance in Indonesia due to the absence of specific regulations and different interpretations among Islamic legal authorities.Research Methodology: This research uses a normative juridical method with a qualitative approach through a literature review. The study analyzes Qur’anic inheritance verses, contemporary Islamic jurisprudence, and Indonesian legal regulations related to digital assets. Secondary data were obtained from academic literature, journal articles, and institutional opinions issued by the Majelis Ulama Indonesia (MUI), Nahdlatul Ulama (NU), and Muhammadiyah.Results: MUI and Muhammadiyah generally prohibit cryptocurrencies for gharar and maisir reasons, while some NU forums allow them conditionally. The findings show that cryptocurrencies can qualify as inherited property only if they meet the principles of Islamic law and recognized ownership requirements.Conclusions: Cryptocurrencies cannot be automatically treated as inherited property under Islamic law because their legal status depends on compliance with sharia and the absence of a comprehensive legal framework for digital inheritance in Indonesia.Limitations: This study is limited to normative legal analysis and does not include empirical data regarding inheritance disputes involving cryptocurrency.Contributions: The study proposes a normative legal framework for cryptocurrency inheritance by integrating Islamic heritage principles, Indonesian digital asset regulation, and institutional fatwas, and provides a theoretical basis for future legal reforms.
Disharmonization in Extending Flat Use Rights: Perumnas Management vs. Owners' Rights Implication Rofi Wahanisa; Ismail Pratama
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.6542

Abstract

Purpose: Flats (rumah susun) are increasingly viewed as efficient urban housing solutions owing to limited land and rising demand. However, Indonesia's legal framework is problematic, especially for extending Building Use Rights (Hak Guna Bangunan/HGB) over common land under Perum Perumnas' management rights. This stems from the disharmony between Government Regulation (PP) No. 13/2021 on Flats Implementation and PP No. 83/2015 on Perum Perumnas, which lack clear mechanisms for HGB renewal by unit owners.Research Methodology: This study employs a normative juridical method with statutory and conceptual approaches to examine the issue. Data were gathered through library research on relevant laws and doctrines and then analyzed qualitatively using descriptive-analytical techniques to interpret regulatory conflicts.Results: The findings show that inconsistencies between housing and Perum Perumnas regulations cause legal uncertainty for flat owners' HGB sustainability over common land. Conflicts cannot be resolved solely by lex posterior derogat legi priori but must incorporate lex specialis derogat legi generali principles. Conclusions: Regulatory harmonization is crucial to ensure legal certainty, safeguard unit owners' rights, and balance Perum Perumnas' Management Rights (Hak Pengelolaan/HPL) authority with community interests in vertical housing.Limitations: As a normative study relying on library research, it lacks empirical data from field observations, stakeholder interviews, and real-case implementations.Contributions: Identifies key disharmony between PP 13/2021 and PP 83/2015; proposes harmonization via dual lex principles to secure HGB extensions over Perumnas HPL, aiding policymakers and jurisprudence on urban flats.
Pertanggung Jawaban Pidana Penipuan Analisis Putusan Pengadilan Tinggi Tanjung Karang Nomor : 381/PID/2025/PT. Tjk Januri Januri; Alfi Hizamizi; Hendika Saputra; Rizal Simarmata
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.6546

Abstract

Purpose: This study aims to analyze criminal liability in fraud cases based on the Decision of the Tanjung Karang High Court Number: 381/PID/2025/PT. Tjk. This study explores judges’ legal considerations in assessing the fulfillment of fraud elements and the application of criminal liability principles to the defendant. Research Methodology: This study uses a normative juridical approach with a descriptive-analytical specification. Secondary data, including court decisions, statutory regulations, and relevant legal literature, were used for the analysis. Results: The study finds that the panel of judges declared the defendant guilty beyond a reasonable doubt for fulfilling the elements of fraud, as outlined in Article 378 of the Indonesian Criminal Code. The defendant was proven to have unlawfully benefited from deception or a series of lies that induced the victim to surrender their property. The judges' reasoning was based on lawful evidence, consistent with Article 184 of the Indonesian Criminal Procedure Code, and their conviction was derived from the facts presented at trial. Conclusions: The application of criminal liability in this case aligns with the principles of legality, culpability (geen straf zonder schuld), and criminal responsibility theory within Indonesian criminal law. Limitations: This study is limited to analyzing a single court decision, which may not fully reflect the broader trends in fraud criminal liability cases. Contributions: This research contributes to the understanding of judicial reasoning in fraud cases and the application of criminal liability principles, enriching the legal discourse on fraud offenses in Indonesia.
Constitutional Guarantees for the Independence of the Indonesian Pers: A Constitutional Law Perspective Turnya Turnya; Susanto Susanto
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.6561

Abstract

Purpose: This study aims to analyze the constitutional guarantees for press independence in Indonesia from a constitutional law perspective, with particular urgency given the growing tension between press freedom and digital regulation in the post-reform era. Research Methodology: This study uses a normative legal approach with qualitative document analysis. Primary legal materials were obtained from the Constitutional Court website and Cabinet Secretariat archives. Secondary materials included scholarly books and journal articles. The analysis followed a five-step framework using grammatical, systematic, historical, and teleological interpretation methods. Results: Indonesia possesses a formally robust constitutional framework for press independence through Article 28F of the 1945 Constitution and Law Number 40 of 1999, which abolished the SIUPP licensing and prohibited censorship. The Constitutional Court upheld these protections in several rulings. However, significant implementation gaps persist, including the criminalization of journalists under the Electronic Information and Transactions (ITE) Law, government intervention, and inconsistent judicial enforcement. Conclusions: Constitutional guarantees for press independence in Indonesia are formally strong but are practically incomplete. Achieving full protection requires improved judicial enforcement and updated doctrinal interpretations that explicitly address digital journalism challenges, an area where current constitutional discourse remains underdeveloped. Limitations: This study relies on normative legal analysis without empirical data and covers court decisions only through 2014. Contributions: This study contributes to constitutional law by examining Indonesia’s press freedom framework and identifying implementation gaps, particularly regarding digital journalism regulation under the ITE Law. Its novelty lies in bridging constitutional press protection with emerging digital challenges.
Harmonization of Modern Law and Customary Law in Fair Criminal Law Enforcement Ino Susanti; Agus Marzuki; Tahura Malagano; Tora Yuliana; Dina Haryati Sukardi
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 6 No 1 (2026): July
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v6i1.6582

Abstract

Purpose: This study aims to analyze the harmonization of modern criminal law and customary law to achieve fair criminal law enforcement through a case study of the settlement of minor criminal offenses using customary mechanisms in Lampung Province. Methodology: This study employs an empirical juridical method with a qualitative approach. Data were collected through a literature review, analysis of statutory regulations, judicial decisions, and documentation of criminal dispute resolution practices involving Lampung’s customary institutions. Results: The findings show that Lampung customary law remains effective in resolving minor criminal cases through restorative justice, integrating customary values with national criminal law while ensuring legal certainty and human rights protection. The study concludes that legal harmonization strengthens substantive justice, public trust, and social harmony. This study is limited to minor criminal disputes in Lampung Province. Conclusions: This study concludes that the harmonization of modern criminal law and customary law can strengthen substantive justice, improve public trust in law enforcement, and promote sustainable social harmony. Customary approaches can serve as complementary mechanisms within the national criminal justice system, particularly for minor offenses. Limitations: This study is limited to customary criminal dispute resolution practices in Lampung Province and primarily focuses on minor criminal offenses, which may restrict the generalizability of the findings to other regions and types of crimes. Contributions: This study contributes to the development of criminal law by providing an empirical model for integrating customary law into restorative justice policies and supporting future legal reforms in Indonesia.

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