cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Yuliansyah
Contact Email
admin@penerbitgoodwood.com
Phone
+6282179769602
Journal Mail Official
admin@penerbitgoodwood.com
Editorial Address
Z.A. Pagar Alam Street No. 57, Rajabasa, Bandar Lampung City - Indonesia
Location
Kota bandar lampung,
Lampung
INDONESIA
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
 10   11   12   13   14 
Role of social welfare personnel for assisting children in conflict with law at ogan ilir regency juvenile social rehabilitation center Dita Mayreista; Nurul Nurul
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.v6i1.6583

Abstract

Purpose: This study aims to examine the regulatory framework and concrete role of Tenaga Kesejahteraan Sosial (TKS) in assisting the social rehabilitation process of Anak Berhadapan dengan Hukum (ABH) within the Indonesian juvenile justice system, specifically evaluating their effectiveness in a local context. Research Methodology: This study employs a socio-legal research method, integrating a statutory analysis of Law No. 11/2012 with a conceptual exploration of restorative justice. Empirical data were gathered at the Ogan Ilir Regency Juvenile Social Rehabilitation Center through literature reviews, direct observations, and in-depth interviews with key informants, including three TKS representatives and one juvenile client. Results: The findings reveal that although the Indonesian legal system prioritizes restorative justice and diversion, field implementation faces significant challenges due to the diverse characteristics and emotional instability of foster children. Success is achieved when TKS prioritize trust-building, holistic needs identification, and the delivery of integrated vocational and spiritual guidance to restore their confidence. Conclusions: Macro-level regulations effectively position children as national assets through restorative paradigms. On a practical level, the role of TKS remains vital as facilitators and advocates who successfully restore dignity and future hope through adaptive, flexible, and individualized assistance strategies. Limitations: The study's scope is limited to the Ogan Ilir Regency Juvenile Social Rehabilitation Center, focusing solely on the specific roles of TKS within this local institutional environment. Contributions: This research contributes to the social welfare and juvenile justice disciplines by addressing data gaps regarding professional TKS effectiveness in social recovery and the protection of children’s fundamental rights.
Child Custody Contest: Islamic Jurisprudence and Indonesian Positive Law on Remarried Mothers Afif Mubaroq; Jumni Nelli; Zulikromi Zulikromi
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.v6i1.6587

Abstract

Purpose: This study examines child custody rights (hadhanah) under Islamic jurisprudence and Indonesian positive law, focusing on scholarly disagreements regarding the legal consequences of a remarried mother’s custody determination. Research Methodology: This study employs a qualitative library research method, reviewing classical fiqh texts, Indonesian legislation, and jurisprudential literature through a comparative analysis. Results: Scholars are divided into three positions: the majority (jumhur) hold that remarriage automatically forfeits maternal custody; Ibn Hazm argues that custody remains if child welfare is unharmed; and Imam al-Baghawi conditions retention on consent from both the biological father and new husband. Kompilasi Hukum Islam (KHI) does not explicitly address this issue but implicitly supports retaining maternal custody unless the child's well-being is compromised. Conclusions: Indonesian positive law diverges from the majority fiqh position by applying a welfare-based approach, aligning more closely with Ibn Hazm and Imam Al-Baghawi. Clearer statutory regulation is needed to resolve the existing legal vacuum. Limitations: This study relies on qualitative doctrinal analysis without empirical court data, which may limit the generalizability of the findings. Contributions: This study contributes to Islamic family law and Indonesian legal scholarship by clarifying scholarly positions on hadhanah for remarried mothers and highlighting the need for legislative reform aligned with the best interests of the child.
Legal Consciousness in the Digital Era: Challenges of Disinformation and Cybercrime Johanes De Brito Siga Nono; Stefanus Kurniadi Janggur; Rizal Simon Thene
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.v6i1.6611

Abstract

Purpose: This article examines the transformation of legal consciousness in the digital era and analyzes how disinformation and cybercrime contribute to its degradation, while also exploring the implications of these phenomena for legal compliance, regulatory adaptation, and the development of more responsive and preventive legal frameworks in contemporary digital society. Research Methodology: Employing a normative legal research method with conceptual approaches, this study reconstructs legal consciousness beyond mere knowledge of rules or formal compliance, redefining it as a reflective capacity to recognize legal risks, critically filter information, and act responsibly in digital spaces. Results: The normative-analytical findings reveal that reactive and repressive regulatory responses tend to neglect the dimension of legal consciousness, potentially undermining legal legitimacy and generating tension with digital freedom. This indicates that law enforcement approaches that rely solely on sanctions may not fully address behavioral compliance in digital environments. Conclusions: This study asserts that digital transformation has fundamentally altered the manner in which law operates and is complied with in contemporary society, requiring more adaptive and participatory legal mechanisms. Limitations: As this research is primarily conceptual, it does not include empirical measurements or quantitative assessments of the effectiveness of existing legal policies, which limits generalizability. Contributions: The article proposes a preventive-oriented framework of digital legal consciousness as a foundation for more adaptive legal policies aimed at sustaining legal order within an increasingly complex digital society, while strengthening compliance through awareness-based regulation.
Penegakan Hukum Terhadap Tindak Pidana Korupsi Proyek Pembangunan Jembatan (Tinjauan Putusan Nomor : 44/Pid.Sus-Tpk/2025/PN.Tjk) Andriansyah Andriansyah; Sudarmono Sudarmono; Perdana Kusuma; Perdana Putra Saradi
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.v6i1.6619

Abstract

Purpose: This study examines law enforcement against corruption in bridge construction projects, as reflected in Decision No. 44/Pid. Sus-Tpk/2025/PN.Tjk. This study focuses on analyzing judges’ legal considerations and evaluating the effectiveness of law enforcement in creating deterrent effects and restoring state financial losses caused by corrupt practices in infrastructure development projects. Research Methodology: This study uses a qualitative interpretative approach with a normative juridical method supported by court decision analysis. Data were obtained from legal documents, regulations, and judicial considerations. The analysis applies IFE and EFE matrices, followed by SWOT and QSPM to determine priority strategies. Results: The findings show that anti-corruption law enforcement in bridge construction cases generally ensures legal certainty and procedural justice. However, challenges remain in recovering state losses and preventing systemic corruption. QSPM results indicate that strengthening inter-agency coordination and optimizing compensation penalties are key priority strategies. Conclusions: Effective anti-corruption law enforcement requires stronger institutional coordination, consistent judicial approaches, and optimal implementation of compensation sanctions to strengthen deterrence and accountability in infrastructure projects. Limitations: This study is limited to a single court decision and focuses primarily on normative juridical analysis. Contributions: This study provides strategic recommendations for improving anti-corruption law enforcement and strengthening state financial recovery mechanisms in infrastructure corruption cases in Indonesia.
Tax Criminal Policy: Harmonizing Article 44c of Law Number 7 of 2021 with Articles 39 and 39a Sanusi Sanusi
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.v6i1.6663

Abstract

Purpose: This study examines the internal conflict created by Article 44C of Law Number 7 of 2021 on the Harmonization of Tax Regulations in Indonesia's tax-criminal regime, especially its relationship with Articles 39 and 39A of the General Tax Provisions Law. Research Methodology: This study uses normative legal research with statutory, conceptual, and case approaches. Primary legal materials include Law Number 7 of 2021, Law Number 6 of 1983 as repeatedly amended, Government Regulation Number 50 of 2022, and Minister of Finance Regulation Number 177/PMK.03/2022. Secondary materials consist of reputable international journal articles, OECD materials, official Directorate General of Taxes releases, and selected court-based tax crime materials. Results: The analysis finds that Article 44C strengthens the fiscal recovery orientation of tax-criminal enforcement by making criminal fines non-substitutable through imprisonment and requiring actual payment by convicted offenders. However, when read together with Articles 39 and 39A, the provision may generate doctrinal tension between deterrence, proportionality, corporate criminal liability, enforceability of high fines and legal certainty. Conclusions: Harmonization should not be understood only as higher penalties but as an integrated architecture of legality, restorative fiscal recovery, due process, and credible enforcement. Limitations: This study is doctrinal and does not statistically measure sentencing outcomes. Contributions: This study contributes to Indonesian tax-criminal law scholarship by proposing a harmonized interpretation of Article 44C based on legality, proportionality, and revenue protection.
Optimization of Restorative Justice in the Resolution of Minor Criminal Cases at the District Prosecutor's Office Bimo Widyatmoko; Hartoyo Hartoyo; Sri Sukmana Damayanti
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.v6i1.6741

Abstract

Purpose: This study aims to analyse the implementation, effectiveness, and optimization of Restorative Justice in resolving minor criminal cases at the District Prosecutor’s Office. It also examines how restorative justice principles are applied in practice and assesses their contribution to more efficient, fair, and balanced case resolution within the criminal justice system. Research Methodology: This research employs an empirical juridical method using statutory, case, and conceptual approaches. It examines legal norms and their practical implementation in case handling at the District Prosecutor’s Office. The data are analysed qualitatively to understand restorative justice practices and their effectiveness in resolving minor criminal cases. Results: The findings indicate that RJ implementation of Restorative Justice has been conducted in accordance with the Regulation of the Attorney General of the Republic of Indonesia Number 15 of 2020 through a reconciliation mechanism between victims and offenders facilitated by prosecutors. Conclusions: Optimization efforts should include enhancing prosecutors’ competencies, strengthening inter-agency coordination, improving regulations, and increasing public awareness through socialization programs. Supporting factors include a clear legal framework, commitment from the Prosecutor’s Office, and a culture of deliberation within society. Limitations: Restorative Justice serves as an effective and equitable alternative for resolving minor criminal cases and is consistent with modern criminal law principles. Key supporting factors include a clear legal framework, institutional commitment, and a societal culture valuing deliberation and consensus. Contributions: Future studies are encouraged to broaden the scope of research and examine the long-term effects of Restorative Justice on victim satisfaction, offender reintegration, and recidivism reduction.
Law Enforcement Effectiveness Against Motor Vehicle Theft at Surabaya Metropolitan Police Ari Setiawan; Noenik Soekorini; Renda Aranggraeni
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.v6i1.6787

Abstract

Purpose: This study analyzes the effectiveness of law enforcement against motor vehicle theft within the jurisdiction of the Surabaya Metropolitan Police, identifies the factors influencing such effectiveness, and examines efforts to combat the crime.Research Methodology: An empirical legal research method with a sociological juridical approach was employed. Data were collected through document analysis of statutory regulations, official police reports, court decisions, and relevant scientific journals.Results: Law enforcement effectiveness is shaped by five interrelated factors: legal structure, officer capacity, facilities and infrastructure, community participation, and legal culture. Organized fencing networks and increasingly sophisticated offender methods remain the most significant obstacles. Available data indicate an overall crime rate reduction of approximately 4% between 2022 and 2023, with a case clearance rate of 78.9%, though curanmor-specific performance indicators remain largely undisclosed.Conclusions: Improving law enforcement quality, optimizing technology use, and strengthening community participation are essential to reduce motor vehicle theft. Repressive measures under Article 363 of the Criminal Code are the primary legal instrument but require complementary preventive strategies to be fully effective.Limitations: This study is confined to the Surabaya Metropolitan Police jurisdiction and relies primarily on secondary qualitative data, which may restrict the generalizability of findings. Contributions: This study contributes to criminal law scholarship by integrating criminological theory with empirical legal analysis, offering evidence-based insights for crime prevention policy.
Legal Analysis of Handover Report (BAST) Clauses in Indonesian Government Hospital Construction Contracts Rudy Hartono; Sri Astutik; Nur Handayati; Fitri Ayuningtyas
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.v6i1.6808

Abstract

Purpose: This study aims to analyze the legal framework, contractual structure, legal compliance, and potential risks arising from the implementation of the Handover Report (Berita Acara Serah Terima/BAST) clause in the Ministry of Health Vertical Hospital Construction Project in Surabaya, Indonesia.Research Methodology: The study employs an empirical legal research approach with a socio-legal perspective. Data were collected through document analysis, in-depth interviews, and observations involving key project stakeholders. The data were analyzed qualitatively using NVivo 12 Plus to identify dominant themes, patterns, and legal issues related to BAST implementation.Results: The findings indicate that although BAST has a clear legal basis under Indonesian construction and procurement regulations, the regulatory framework lacks detailed provisions regarding risk allocation, post-handover liability, and latent defects. NVivo analysis shows that ambiguity in post-handover responsibility is the most dominant issue. The study also identifies significant gaps between national practices and international standards such as FIDIC, particularly in defect notification periods and post-completion claims.Conclusions: The BAST clause primarily functions as an administrative document rather than a comprehensive legal instrument for risk management. Stronger contractual clarity is required to enhance legal certainty, accountability, and dispute prevention in public construction projects.Limitations: The study is limited to a single case and focuses on legal and contractual dimensions.Contributions: This research contributes to construction contract law by providing empirical evidence on legal gaps in BAST implementation and offering recommendations for improving contractual risk allocation in public infrastructure projects.
Criminal Liability of Police Officers for Assault Resulting in Death: The Bripda Mesias Case in Tual City Abdul Munim; Noenik Soekorini; Renda Aranggraeni
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.v6i1.6809

Abstract

Purpose: This study analyzes the criminal liability of police officers for assault resulting in death through the 2026 case of Police Brigadier Mesias in Tual City. It examines applicable criminal law provisions, law enforcement mechanisms, and judicial processes, while proposing reforms to strengthen police accountability in Indonesia.Research Methodology: The study employed a normative-empirical legal approach using statutory, case, conceptual, and comparative analyses. Data were collected through interviews, observations, document reviews, and literature studies, then analyzed using juridical, content, and thematic techniques with triangulation to ensure validity.Results: The findings show that all elements of Article 351(3) of the Indonesian Criminal Code were fulfilled. Police officers do not enjoy criminal immunity, and the defense of acting in an official capacity was rejected because the use of force violated the principles of necessity and proportionality. The court imposed a five-year prison sentence, considering both aggravating and mitigating factors.Conclusions: Accountability is hindered by limited independence in internal investigations, corps solidarity, sentencing disparities, and weak witness protection. Public and civil society pressure played a significant role in ensuring accountability. Institutional reforms are needed to strengthen transparency and independent oversight.Limitations: The study focuses on a single case, limiting broader generalization. Access to internal police documents was restricted.Contributions: The study advances scholarship on police accountability, provides a framework for dual accountability, and offers practical insights for legal reform and policymaking.
Juridical Review of Prisoners' Conditional Rights After Law No. 22 of 2022 on Corrections: Eliminating Discrimination for Special-Crime Inmates Mahendra Setiadji; Syahrul Borman; M.Yustino Aribawa
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol 5 No 2 (2026): January
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i2.6819

Abstract

Purpose: This study aims to analyze the implementation of prisoners’ conditional rights following the enactment of Law Number 22 of 2022 concerning Corrections, particularly regarding the elimination of discriminatory treatment in granting remission, assimilation, and parole for prisoners convicted of special crimes.Research Methodology: This research employs a normative juridical method using statutory, conceptual, and analytical approaches. Data were collected through a literature review of primary, secondary, and tertiary legal materials and analyzed qualitatively.Result: The findings indicate that Law Number 22 of 2022 strengthens the principle of non-discrimination by providing equal opportunities for all prisoners to obtain conditional rights based on objective criteria, including behavior, participation in correctional programs, and risk assessment results. The policy reflects a shift from a punitive approach toward rehabilitation and social reintegration. Nevertheless, implementation challenges remain, including differing public perceptions, institutional limitations, and the need for regulatory harmonization. Conclusions: The law represents a significant reform in Indonesia’s correctional system by promoting equality before the law, human rights protection, and rehabilitation-oriented corrections. The elimination of discriminatory requirements supports fairer treatment of prisoners and contributes to the effectiveness of correctional administration.Limitations: This study is limited to a normative legal analysis and does not comprehensively examine empirical implementation across correctional institutions.Contributions: The study contributes to the development of correctional law scholarship and provides policy recommendations for strengthening a fair, humane, and rightsbased correctional system.

Page 13 of 14 | Total Record : 137

 10   11   12   13   14 

Filter by Year

2021 2026


Reset
Filter By Issues
All Issue Vol 6 No 1 (2026): July Vol 5 No 2 (2026): January Vol. 5 No. 1 (2025): Juli Vol 5 No 1 (2025): July Vol. 4 No. 2 (2025): Januari Vol 4 No 2 (2025): January Vol. 4 No. 1 (2024): Juli Vol 4 No 1 (2024): July Vol 3 No 2 (2024): January Vol. 3 No. 2 (2024): Januari Vol. 3 No. 1 (2023): Juli Vol 3 No 1 (2023): July Vol 2 No 2 (2023): January Vol. 2 No. 2 (2023): Januari Vol. 2 No. 1 (2022): Juli Vol 2 No 1 (2022): July Vol. 1 No. 2 (2022): Januari Vol 1 No 2 (2022): January Vol. 1 No. 1 (2021): Juli Vol 1 No 1 (2021): July More Issue