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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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Criminal Liability of Offenders in Village Fund Corruption Cases under the Indonesian Anti-Corruption Law Ogi Prasetia; Siti Marwiyah; Bahrul Amiq
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.v6i1.6833

Abstract

Purpose: This study examines the criminal accountability of Village Fund corruption perpetrators under Indonesia's AntiCorruption Law, with focus on the legal elements of authority misuse, state financial loss, and criminal intent (mens rea) within the governance framework of Law Number 6 of 2014 on Villages.Research Methodology: A qualitative normative juridical design was employed, supplemented by an empirical review of 15 court verdicts on Village Fund corruption issued between 2019 and 2024. Data were collected through library research and systematic analysis of statutory instruments, court rulings, and peer-reviewed publications.Results: Criminal accountability predominantly arises from village heads' misuse of their position as custodians of village finances, with most prosecutions grounded in Article 3 of the Anti-Corruption Law. Establishing state financial loss and demonstrating criminal intent were the decisive factors in securing conviction. Structural deficiencies in internal oversight and insufficient administrative competence at the village level were identified as key drivers of corruption vulnerability. Limitations: This study is limited to 15 purposively selected court decisions and does not address the liability of third parties such as vendors or contractors. Access to complete investigative audit records was also restricted, as such documents frequently remain confidential during the investigative phase.Conclusions: Criminal enforcement under the Anti-Corruption Law must be accompanied by governance reform and clearer normative boundaries between administrative errors and criminal conduct to uphold legal certainty and justice.Contributions: This research contributes to criminal law scholarship and provides practical recommendations for improving Village Fund governance and law enforcement consistency.
Civil Liability of Wedding Organizers toward Vendors and Customers for Acts of the Organizing Committee Karina Putri; Subekti Subekti; 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.v5i2.6843

Abstract

Purpose: This study aims to examine the forms and scope of the civil liability of wedding organizers toward third-party vendors and customers resulting from the actions of the organizing committee, and to develop a civil liability framework that provides legal certainty while ensuring balanced legal protection for all parties involved.Research Methodology: This study adopts a qualitative approach using a normative juridical research method. The analysis is based on an extensive literature review of statutory regulations and national and international scholarly publications published within the last five years, supplemented by illustrative scenarios drawn from publicly reported patterns of wedding organizer disputes, used solely to contextualize the legal analysis rather than as a formal empirical dataset.Results: The findings indicate that the civil liability of wedding organizers is primarily based on breach of contract, tort, and the principle of vicarious liability. Negligent acts committed by the organizing committee remain the responsibility of the wedding organizer insofar as they occur within the scope of their assigned duties. Financial transparency and effective internal governance constitute the primary preventive measures for minimizing the risk of legal disputes.Conclusions: Wedding organizers bear the primary contractual responsibility toward both customers and vendors. An ideal liability model should incorporate comprehensive contractual provisions, effective supervision, and an accountable financial management system.Limitations: This study is limited by its reliance on a normative legal approach and secondary data sources, without incorporating primary data obtained through direct interviews with the parties involved.Contributions: This study contributes theoretically to the development of the doctrine of vicarious liability in project-based service industries and provides practical contributions to the establishment of contractual standards for the wedding organizer industry.
Law Enforcement Against Spatial Planning Violations in Housing Development: Challenges, Governance, and Regulatory Compliance Arie Sigit; Nur Handayati; Fitri Ayuningtyas; Vieta Imelda Cornelis
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.v5i2.6865

Abstract

Purpose: This study aims to analyze the implementation of law enforcement against spatial planning violations in housing development, identify the factors affecting its effectiveness, and examine strategies to strengthen legal compliance in sustainable housing development.Research Methodology: This study employed a qualitative method using an empirical juridical approach. Data were collected through in-depth interviews, document analysis, observation, and literature review. The data were analyzed using the interactive model of Miles, Huberman, and Saldaña, including data reduction, data display, and conclusion drawing, with source and method triangulation to ensure credibility. Results: The findings indicate that law enforcement against spatial planning violations has not been fully effective due to weak institutional coordination, limited supervision, inadequate integration of spatial data, and inconsistent implementation of legal sanctions. Administrative sanctions remain the dominant enforcement mechanism, while preventive monitoring and public participation require significant improvement.Conclusions: Effective law enforcement requires integrated governance, stronger institutional capacity, consistent supervision, updated spatial planning instruments, and active collaboration among government agencies, law enforcement institutions, and developers.Limitations: This study is limited to a qualitative analysis of housing development cases and does not include comparative regional analysis or quantitative measurement of law enforcement effectiveness.Contributions: This study contributes to the development of spatial planning law by providing practical recommendations for strengthening law enforcement, improving spatial governance, and supporting sustainable housing development policies in Indonesia.
Legal and Regulatory Complexities in the Governance of Indonesian Migrant Worker Deployment: The Role of BP3MI in Overseas Worker Deployment Ridwan Haris; Vallencia Nandya Paramita; M. Syahrul Borman
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.v5i2.6867

Abstract

Purpose: This study examines the legal and regulatory complexities surrounding the overseas departure process of Indonesian Migrant Workers (PMI), focusing on the pre-departure phase of migration governance and the role of the Indonesian Migrant Worker Protection Agency (BP3MI).Research Methodology: A qualitative normative-empirical legal approach was employed. Primary data were collected through indepth interviews with 25 informants, including BP3MI officials, representatives of licensed placement agencies (P3MI), legal aid practitioners, and migrant worker advocates. Secondary data were obtained from court decisions, regulations, and institutional reports. Data were analyzed using content and thematic analysis, with validity ensured through source and method triangulation. Results: The findings reveal three key dimensions of legal complexity: regulatory fragmentation caused by overlapping legal instruments and unclear institutional authority; coordination challenges arising from BP3MI’s dual role as regulator and service provider; and limited access to justice for migrant workers due to inadequate legal awareness and ineffective complaint mechanisms.Conclusions: Strengthening migrant worker protection requires regulatory harmonization, improved inter-agency coordination, more effective law enforcement, and greater legal empowerment. Reform efforts should prioritize clarifying institutional functions and simplifying the legal framework governing migrant worker deployment.Limitations: The study is limited by its qualitative design, relatively small sample size, and focus on selected regions and the pre-departure stage.Contributions: This study contributes to migration governance scholarship by combining normative legal analysis with empirical evidence and offers practical recommendations for improving migrant worker protection.
The Role of Legal Counsel in Customs and Excise Disputes before the Tax Court Rudi Kurniawan; Syahrul Borman; Fathul Hamdani; Noenik Soekorini
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.v5i2.6870

Abstract

Purpose: This study aims to analyze the role of legal counsel in resolving customs and excise disputes before the Tax Court, with particular reference to Decision Number 1430/B/PK/Pjk/2026. The research focuses on how legal counsel contributes to legal argumentation, evidentiary effectiveness, and the realization of legal certainty and legal protection in customs dispute resolution. Research Methodology: This study employs a qualitative approach with a normative juridical method. The research applies statutory, conceptual, and case approaches by analyzing primary legal materials, including customs law, excise law, Tax Court law, and Constitutional Court decisions, supported by secondary legal materials from national and international scholarly journals (2019–2026). Data analysis is conducted through descriptivequalitative interpretation. Conclusions: The study concludes that the effectiveness of customs and excise dispute resolution before the Tax Court is highly dependent on the competence of legal counsel in constructing legal arguments and managing evidence. Legal counsel is essential in ensuring justice, legal certainty, and protection of parties' rights within the tax litigation system. Limitations: This study is limited to normative juridical analysis based on document review and does not include empirical data such as interviews with judges, customs officials, or legal practitioners. The scope of literature also relies primarily on national sources, with limited comparative international analysis. Contributions: This research contributes to customs and tax litigation studies by highlighting legal counsel as a strategic actor in dispute resolution, offering theoretical and practical insights to strengthen judicial quality and legal certainty in customs and excise cases.
Sentencing Disparities for Small-Quantity Drug Users and Their Impact on Prison Overcrowding in Indonesia Shania Vira Aisyah; Noenik Soekorini; Renda Aranggraeni; Dudik Djaja Sidharta
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.v5i2.6879

Abstract

Purpose: This study analyzes sentencing disparities in narcotics cases involving drug users possessing small quantities of narcotics in Indonesian courts and examines their contribution to prison overcrowding.Research Methodology: This research employs a normative legal research design applying statutory, conceptual, case, and comparative approaches. Data were collected through systematic analysis of statutory regulations, published court decisions, Supreme Court Circular Letters, and peer-reviewed legal literature.Results: The analysis reveals significant sentencing disparities in comparable narcotics user cases, with courts inconsistently imposing imprisonment, suspended sentences, or rehabilitation orders despite substantially similar factual circumstances. The dominance of custodial sentences directly contributes to prison overcrowding.Conclusions: Sentencing inconsistency reflects weak standardization in narcotics law enforcement and inadequate implementation of rehabilitation policies, producing systemic overcrowding in correctional institutions. Reformulating sentencing guidelines and strengthening rehabilitation mechanisms are essential steps toward a more proportionate and consistent criminal justice system.Limitations: The study is limited by restricted access to comprehensive published court decisions and the absence of nationwide empirical correctional data.Contributions: This research contributes to criminal law policy reform by proposing a normative framework for rehabilitation-oriented sentencing and reducing disparities in narcotics cases.
Legal Protection for Winning Bidders in Mortgage-Right Execution Auctions Zainudin Hasan; Kiki Dwi Susilowati
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.v6i1.6986

Abstract

Purpose: This study examines legal protection for good-faith winning bidders in mortgage-right execution auctions when land ownership disputes arise. It focuses on Decision Number 12/Pdt.Bth/2024/PN.Sdn to analyze how legal certainty in auction outcomes is tested when the winning bidder cannot immediately obtain physical possession of the auctioned land. Research Methodology: This study applies normative legal research using statutory, conceptual, and case approaches. The analysis draws on mortgage-right law, auction regulations, land registration rules, court decisions, legal doctrine, and supporting institutional information related to auction implementation. Results: The findings show that legal protection depends on three key elements: the validity of the auction procedure, the evidentiary strength of the Auction Minutes, and recognition of the bidder as a good-faith purchaser. In the analyzed case, the court protected the winning bidder because the auction was conducted through an authorized legal mechanism and the opposing party failed to prove a stronger ownership right. Conclusions: Indonesian auction law provides formal legal certainty for good-faith winning bidders. However, this certainty remains incomplete when the bidder faces resistance in obtaining physical control of the land.Limitations: This study is limited to one court decision and selected institutional information from the auction process. Contributions: This study highlights the gap between formal acquisition through auction and the practical realization of ownership through possession.

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