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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 56 Documents
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Legal considerations of Military judges regarding drug abuse by TNI Hartawan, Daesyifa Bunga; Andrisman , Tri; Husin, Budi Rizki
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 2 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i2.2961

Abstract

Purpose: This research aims to determine the basic considerations of military judges in giving decisions on case no. 51-K/PM I-04/AD/VII/2021. Apart from that, it aims to analyze whether the judge in handing down the decision has considered substantive justice or not. Methodology/approach: This research is a type of Normative Juridical and Empirical Juridical research. Normative Juridical research is carried out based on legal materials such as legal theory, legal principles and legislation related to research. Results/findings: Based on the results of the research and discussion, it is clear that the basis for military judges legal considerations regarding TNI members who abuse narcotics consists of juridical and non-juridical considerations. Limitations: The Panel of Judges has not implemented substantive justice, this is because some TNI who were dismissed from military service due to narcotics abuse did not take part in a medical rehabilitation program, so that when they returned to society, their condition had not fully recovered from narcotics dependence. Contribution: The judge's decision should create order and legal certainty and fulfill a sense of justice towards TNI members who abuse narcotics. Military judges should consider social and medical rehabilitation of TNI members who abuse narcotics. This rehabilitation action is also in line with a number of decisions of the Supreme Court of the Republic of Indonesia which ordered the rehabilitation of TNI soldiers who abuse narcotics and considered imposing additional penalties in the form of dismissal from military service.
The Urgency of Establishing LPPDP as an Effort to Strengthen Personal Data Protection: A Comparison between Indonesia, Hong Kong and Singapore Yunanda, Veris; Wiranata, I Gede AB; Agustin, Yennie; Rohaini, Rohaini; Zazili, Ahmad
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 1 (2024): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i1.2962

Abstract

PurposeThe aim of this research is to analyze the urgency of establishing the LPPDP in strengthening personal data protection laws in Indonesia through a comparison of laws and practices in Hong Kong and Singapore and to determine the opportunities and challenges of establishing the LPPDP in Indonesia. MethodologyThe research uses normative legal research methods with a statutory approach, a conceptual approach and a comparative approach. ResultThe results show that the existence of an independent LPPDP will strengthen the personal data protection law effectively and comply the adequate level of protection with other developed countries. Thus, the President must immediately establish LPPDP regarding the minimum requirements for the DPA's establishment in international practice. ContributionLaw Number 27 of 2022 concerning Personal Data Protection (UU PDP) has directly mandated the establishment of a data protection authority which determined by the President. The LPPDP has projected to become an authority that acts as a supervisor and law enforcer for personal data protection in Indonesia, the LPPDP must be able to perform its functions, duties, and authorities independently. LimitationHowever, instead of achieving this noble goal, there are several recommendations that can be applied in establishing the formation of LPPDP, whether in the form single supervisory authority or ministry based-models.
The Use of Legal Psychology in Determining Sexual Misconduct Perpetrator’s Bad Intention Towards Children Pakpahan, Novritsar Hasintongan; Pakpahan, Binsar Pamopo
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 2 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i2.2968

Abstract

Purpose: The aim of the study is to discover bad intention (mens rea) of sexual misconduct perpetrator by using legal psychology in finding legal obscurity of trial-proving within child protection act Methodology/approach: The research is conducted as legal research, namely normative research that applies the statute approach and conceptual approach towards the object of the study based on primary and secondary sources of law. Results/findings: Discovering and solving legal obscurity in bad intention within sexual harassment regulation, then legal psychology can be utilized by law enforcement to prove and decide criminal act of a subject by analyzing its criminal mindset while recognizing its culpability mental state Limitations: the use of legal psychology only relating to criminal law field of study Contribution: This study contributes to legal practitioners, especially prosecutors and judges, especially in criminal law.
Criminological analysis of violent crime in Household Assistant Pasela, Cindy; Jatmiko, Gunawan; Susanti, Emilia
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 3 No. 2 (2024): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v3i2.2992

Abstract

Purpose: The aim of this research is to Women who are victims of domestic violence must be braver and more open in reporting acts of domestic violence, because the performance of the Bandar Lampung Police PPA unit can be helped. There is a need for the important role of authorized institutions in handling criminal acts of violence against domestic helpers, to be increased so that they provide more assistance and assistance to victims of crimes of violence against household assistant. Methodology/approach: This study employs a normative empirical method with a descriptive analysis approach. Secondary data is acquired through meticulous literature review and subjected to qualitative analysis. Rigorous literature selection ensures data validity. The outcomes of the analysis serve as the cornerstone for accurate conclusions within the research. Results/findings: The research results show that Based on the results of research and discussion, it shows that the factors causing violent crimes against household assistants are environmental factors (differential associations), such as environmental factors, economic factors, religious factors. Limitations: The problem in this research is what are the factors that cause violent crimes against domestic assistants from a criminological perspective and what are the efforts to overcome violent crimes against domestic assistants. Contribution: Violence is an act that is contrary to legal regulations which can have negative physical, emotional and psychological effects as well as threats to act which are intended to cause other people to feel fear, pain, suffering treatment and death.
Analisis Penerapan Asas Ultimum Remedium terhadap Anak Pelaku Tindak Pidana Persetubuhan: Studi Putusan Nomor: 15/Pid.Sus Anak/2022/PT.Sby Siregar, Khairani Aisya Amira; Monica, Dona Raisa; Susanti, Emilia
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 1 (2024): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i1.3006

Abstract

Purpose: This study aims to find out the basis of the judge's legal considerations in imposing sentences the ultimum remedium principle for children who commit the crime of sexual intercourse in the Study Decision Number: 15/Pid. Sus Anak/2022/PT, and to find out the implementation of applying ultimum remedium for children perpetrator of the crime of sexual intercourse. Methodology: The research method used in this study is a normative juridical law research method that uses scientific procedures to find truth based on legal scientific logic from a normative perspective. Results: Based on the results of the description and discussion above, it can be concluded that the judge's legal considerations did not apply the ultimum remedium principle to children who commit the crime of sexual intercourse in decision number 15/Pid. Sus Anak/2022/PT.Sby. In sentencing, the child perpetrator was sentenced to four years in prison with children who committed the crime of sexual intercourse in Study Decision Number 15/Pid. Sus Anak/2022/PT considers several things as juridical, non-juridical, burdensome, and relieving the perpetrator. Limitations: This study is related to how judges give consideration in a decision in a trial Contribution: This research is expected to be a reference and contribution in the application of criminal law
Policy on Environmental Law Reform in the Context of Environmental Preservation in Bandar Lampung City Alfiyan, Angga; Rinova , Dora
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 1 (2024): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i1.3208

Abstract

Purpose: The problem is that the development of public green open spaces in Bandar Lampung City has not yet met the proportion requirements in accordance with the applicable Bandar Lampung City Regional Regulations, where there is a minimum standard of 20% of the urban area. Every year, the availability of green open spaces continues to degrade. In 2022, the total availability of green open spaces for the community reached only 4.6%, highlighting the need for policy reforms in environmental law to maintain the community's environment in green open spaces in Bandar Lampung City. Research Methodology: This study uses normative and empirical juridical research methods, employing a qualitative approach with data collection techniques such as literature studies and interviews. Studies have been conducted on related regulations, books, and other literature pertinent to environmental law in society. Results: Implementation of Community Environmental Law Renewal Policy in Green Open Space, an effort carried out by the Regional Government to respond to the minimal availability of Green Open Space for the Community by seeking new green open space alternatives that adapt to zoning to increase healthy air and avoid natural disasters such as droughts, floods, etc., through legal umbrella policies issued by the Regional Government. Limitations: The social and economic factors affecting environmental conservation in Bandar Lampung may not be fully discussed. This aspect is important, because it often becomes an obstacle to policy implementation. Contribution: The article can provide new insights into environmental law reform policies that can be used by policy makers to design or improve policies in Bandar Lampung or other similar areas.
Optimalisasi Pengelolaan Keuangan dan Aset Desa dalam Rangka Meningkatkan Efektivitas Pemerintahan Desa Arifin, Firdaus
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 1 (2024): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i1.3397

Abstract

Purpose: The objective of this study is to evaluate and optimize the management of financial balances and village assets in accordance with the principles of state administrative law. Methodology/approach: This study employs a qualitative approach with a normative legal analysis method, as this enables researchers to examine a range of legal sources, including legislation, government regulations, and pertinent policies, and evaluate their compatibility with practices observed in the field. Results: This study emphasizes the importance of policy reform and strengthening administrative capacity at the village level to improve the effectiveness of village governments in managing finances and assets more efficiently and accountably. Limitations: This study is limited to village financial and asset management in Indonesia, which refers to the importance of transparency and accountability. Contribution: This research contributes to the government and village apparatus, policymakers at national and regional levels, and village communities. Furthermore, this research has implications for village development and governance studies, especially in the context of village financial and asset management. Finally, this study contributes to the discipline of state administrative law by providing an in-depth analysis of the implementation of regulations related to village financial and asset management. The research findings highlight the importance of regulatory adaptation based on local context, which is a key aspect of administrative law theory.
Arbitrase Internasional: Evaluasi Efektivitasnya sebagai Mekanisme Penyelesaian Sengketa Alternatif Natamiharja, Rudi; Panjaitan, Oksha Dwi Anugrah; Setiawan, Ikhsan
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 2 (2025): Januari
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i2.3297

Abstract

Purpose: This paper aims to determine the extent to which international arbitration is of interest to the parties and how international arbitration can become an adequate alternative settlement. Methodology: This paper is included in the normative research type. The author uses an Analytical Approach. The data collection method in this paper is a literature study. After collecting all the necessary data, the next step is identifying and classifying the data. This research uses a qualitative analysis method. The qualitative analysis method analyzes secondary data that has been obtained to develop hypotheses to answer the problems in this paper coherently and logically. Results: International Arbitration interests the parties due to the advantages of arbitration, one of which is its unlimited relative competence; whether international arbitration is compelling depends on the interests of the parties in the dispute and whether they are fulfilled. Limitations: This research is within the scope of international law. Contribution: This study contributes to understanding the strengths and weaknesses of international arbitration as an alternative dispute resolution mechanism and provides practical recommendations for strengthening domestic and international legal frameworks to enhance its effectiveness
Akibat Hukum terhadap Kejahatan Perpajakan dengan Faktur Pajak Fiktif Subroto, Edwin Sulasdjono; Sidarta, Dudik Djaja; Soekorini, Noenik
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 1 (2024): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i1.3332

Abstract

Purpose: This study analyzes the legal consequences of tax crimes with fictitious tax invoices by corporations and judges’ Considerations in Imposing Criminal Sanctions on Perpetrators of the Criminal Act of Using Fictitious Tax Invoices by corporations in Decision Number 523 / Pid.Sus / 2021 / PN Cikarang, Decisito analyze27 / Pid.Sus / 2021 / PN Jkt.Utr, and Decision Number 926 / Pid.Sus / 2019 / PN Jkt.Utr. Research Methodology: The type of research is normative juridical with a research approach, namely, the statute and conceptual approaches. The legal materials for this research include Primary Legal Materials, namely Law No. 7 of 2021 and Law No. 28 of 2007, while Secondary Legal Materials are information from the media and the literature. Collection of legal research materials through library research, legal material analysis techniques, and descriptive analysis. Results: The results of this study prove that the legal consequences of tax crimes with fictitious tax invoices by corporations can be subject to criminal penalties in accordance with Article 39A of Law No. 7 of 2021, with a minimum imprisonment of two years and a maximum of six years and a fine of at least two times the amount of tax in the tax invoice, proof of tax collection, proof of tax deductions, and/or proof of tax payments, and a maximum of six times. The judge’s Consideration in Imposing Criminal Sanctions on Perpetrators of the Criminal Act of Using Fictitious Tax Invoices by Corporations in the Decision is in accordance with Article 39A of Law No. 7 of 2021. Limitations: This study only focuses on the Legal Consequences of Tax Crimes with Fictitious Tax Invoices in the Decision Number 523 / Pid.Sus / 2021 / PN Cikarang, Decision Number 1227 / Pid.Sus / 2021 / PN Jkt.Utr and Decision Number 926 / Pid.Sus / 2019 / PN Jkt.Utr. Contributions: This research can be a means of education in analyzing the legal consequences of tax crimes with fictitious tax invoices in the decisions of Decision Number 523 / Pid.Sus / 2021 / PN Cikarang, Decision Number 1227 / Pid.Sus / 2021 / PN Jkt.Utr and Decision Number 926 / Pid.Sus / 2019 / PN Jkt.Utr.
Tindak Pidana Pencucian Uang Koperasi Simpan Pinjam: Studi Putusan MA 2113 K/PID.SUS/2023 Natahamidjaja, Freya Nirmala; Widodo, Ernu; Handayati, Nur
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 4 No. 1 (2024): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v4i1.3333

Abstract

Purpose: The purpose of this study is to analyze criminal liability for Criminal Acts by Savings and Loan Cooperatives and the application of sanctions by the panel against Criminal Acts in Savings and Loan Cooperatives in the Supreme Court Decision Number 2113 K/PID. SUS/2023. Research Methodology: The type of research is normative juridical with the Statue Approach and Case Study Approach. The data collection method was based on the literature and used a descriptive deductive legal material analysis. Results: Criminal liability for Money Laundering by the Savings and Loan Cooperative carried out by HS has fulfilled the concept of corporate criminal liability of the Identification and Strict Liability theory where HS deserves to be given a criminal sanction of 18 years in prison and a fine of IDR 15,000,000,000. The Supreme Court Decision Number 2113 K / PID.SUS / 2023 is still not appropriate where HS should be subject to additional criminal penalties in accordance with Article 7 of Law No. 8 of 2010 in the form of a maximum fine of IDR 100,000,000,000 or in accordance with Article 121 of Law Number 1 of 2023 in the form of a maximum imprisonment of 20 years, the maximum fine for Corporations is category VIII or IDR 50,000,000,000 Limitations: This study only focuses on discussing the case of money laundering by the Savings and Loan Cooperative in the Supreme Court decision Number 2113 K/PID.SUS/2023 Contributions: This research can be a means of education in analyzing money laundering cases by Savings and Loan Cooperatives in accordance with existing laws and regulations.

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