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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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Implikasi Hukum Deepfake: Telaah terhadap UU ITE dan UU PDP Arvitto, Rafi Satrya
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.v4i2.3937

Abstract

Purpose: This study aims to analyze the regulation of deepfake technology usage within the legal framework of Indonesia, particularly concerning the Information and Electronic Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP). The main focus of this research is to identify whether existing regulations are sufficiently effective in addressing the threats posed by the misuse of deepfake technology and to assess the extent to which legal gaps affect the protection of victims. Methodology: This research employs a normative juridical approach with a statute-based method. The data used in this study includes primary and secondary legal materials, including relevant regulations and literature discussing deepfake technology and its impact on the law. Results: The research findings reveal that while UU ITE and UU PDP regulate data falsification and personal data protection in general, they do not specifically address the use of deepfake technology. This has resulted in a legal gap that causes uncertainty in handling deepfake cases in Indonesia. As a consequence, many abuses of this technology cannot be clearly addressed under existing regulations. Limitations: This study is limited to an analysis of existing regulations in Indonesia and does not include a comparative study with regulations in other countries. Furthermore, the research does not cover technical solutions related to deepfake detection, which could be part of a preventive approach. Contribution: This research contributes to understanding the shortcomings of regulations concerning deepfake technology in Indonesia and emphasizes the need for updates or additions to the legal framework to address these specific crimes. The study also provides a foundation for the development of more effective legal policies to tackle digital threats, particularly in relation to personal data protection and the misuse of AI technology.
Keabsahan Tanda Tangan Digital dalam Transaksi Bisnis Pemayun, Cok Trisna Dewi; Dewi, Putu Eka Trisna
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.v4i2.3798

Abstract

Purpose: The aim of this research is to examine and analyze the regulation of electronic signatures in law in Indonesia and the legal power of electronic signatures Methodology: The research used legal research with normative aspects, which is a step to finding a legal rule, legal principles, or legal doctrines to answer the legal issues faced. This legal research was conducted using descriptive-analytical research specifications. This study's data collection method was library research and qualitative data analysis. Results: The regulations regarding electronic signatures in Indonesian law are contained in various laws and regulations. The legal power of a valid Electronic Signature is as long as it meets the requirements in Article 11 paragraph (1) of Law Number 1 of 2024 concerning Information and Electronic Transactions, then in Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, it is stipulated that there are 2 types of Electronic Signatures, namely certified and uncertified. Certified electronic signatures must also meet the validity of the legal force and legal consequences of electronic signatures as required in Article 59 paragraph (3), using electronic certification made by the Indonesian Electronic Certificate service provider and made using a certified electronic signature maker. Limitations: This study is limited to the validity of digital signatures in business transactions in Indonesia. Contribution: This research helps contract designers draft electronic contracts and provides a reference for judges when examining cases related to the validity of digital signatures. Theoretically, it contributes to the development of business law science, especially contract law.
Penegakan Hukum terhadap Praktik Destructive Fishing pada Perairan Lampung Hutagalung, Naomi Maynarti; Maroni, Maroni; Shafira, Maya; Maulani, Diah Gustiniati; Farid, Muhammad
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.v4i2.4261

Abstract

Purpose: This study analyses law enforcement against destructive fishing practices in Lampung waters and the factors that can hinder it. Methodology: The research used a normative juridical approach and was supported by an empirical juridical approach. Primary and secondary data were used. Primary data are sourced from interviews, and secondary data are sourced from books, research results, and journals. Results: The study found that law enforcement against destructive fishing in Lampung involves three stages: formulation through relevant laws; implementation by the police with pre-emptive, preventive, and repressive actions; and execution through the punishment of offenders. Obstacles to enforcement include weak legal frameworks, reliance on Emergency Law Number 12 of 1951, limited patrol boats, lack of forensic laboratories, and low public legal awareness. These challenges have contributed to the continued prevalence of destructive fishing and have hindered effective law enforcement. Limitations: This research is limited to law enforcement against destructive fishing practices in Lampung waters and the factors that hinder it. Contribution: This research can be an educational tool for analysing law enforcement against destructive fishing practices in Lampung waters and the factors that hinder it.
Upaya Non Penal Penanggulangan Pembakaran Hutan dan Lahan di Provinsi Lampung Edla, Zalza Junior; Shafira, Maya; Farid, Muhammad; Maulani, Diah Gustiniati; Ginting, Mamanda Syahputra; Meidiantama, Refi
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.v4i2.4537

Abstract

Purpose: To purpose the non penal efforts in dealing with forest and land burning in Lampung Province. Methodology/approach: The methods used in this research are normative legal and empirical legal approaches, namely by conducting literature studies and field studies by seeking information through interviews. Result/findings: The findings show that based on data from the Lampung Regional Police (Polda), there have been no reports of forest and land fires in Lampung Province in recent years. However, data from the Ministry of Environment and Forestry shows that forest and land fires still often occur in the region. Therefore, overcoming criminal acts of forest and land burning requires serious and integrated efforts from various authorized parties. Conclusions: karhutla control in Lampung Province through non-penal efforts focuses on preventive and educational steps, such as counseling, patrols, and monitoring of hotspots by the Lampung Police and the Forestry Service. Collaboration with local governments, NGOs, and the community is the main strategy in reducing the number of karhutla. Meanwhile, non-penal efforts face obstacles such as limited personnel, minimal facilities, low public awareness, and the habit of clearing land by burning. Therefore, synergy between various parties is needed to increase the effectiveness of forest and land fire prevention and control. Limitations: This research only analyzes non-penal efforts to prevent forest and land fires in Lampung based on data from relevant agencies, without discussing the effectiveness of criminal law enforcement or the long-term impact of policies, apart from that, differences in reports from various sources are a challenge in obtaining a completely accurate picture of forest and land fire incidents in Lampung. Contribution: Making a positive contribution to agencies involved in preventing forest and land fires, so that they can play a more active role in improving law enforcement and protecting the community in the future.
Analisis Prinsip Keadilan dalam Kontrak Tanah Negara Fatimah, Fatimah; Asyiah, Nur
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.v4i2.4556

Abstract

Purpose: This study aims to analyze the application of the principle of justice in resolving state land contract disputes based on the principle of justice in Indonesian law, as well as Indonesian land law policies that support the principle of justice in state land management contracts. Methodology: This research is a normative legal research, which examines laws and regulations, court decisions, and legal doctrines related to the principle of justice in state land contracts. The type of research used is descriptive research. It is expected that this research can provide a comprehensive understanding. Results: State land contract disputes are resolved for legal certainty in the management of state land, with the role of the government and judicial institutions based on positive law in every decision. Conclusion: Penyelesaian penyelesaian kontrak tanah negara di Indonesia harus berlandaskan prinsip keadilan distributif, korektif, prosedural, dan restoratif. Limitations: This normative study examines the causes and legal consequences of the degradation of notarial deeds and requires formal compliance, without involving empirical analysis.. Contribution: Clarifying the concept of legal policy regarding the role of the state in regulating land management in a fair and transparent manner.
Criticism and Hadis Explanation on Ability to Fight Invaders in MUI Fatwa No 83 of 2023 Sadiyah, Fatichatus
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 5 No. 1 (2025): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i1.3696

Abstract

Purpose: Since October 7, 2023, Israel has launched intense aggression against Palestine, resulting in over 11,200 Palestinian deaths by November 12, 2023. In response, the Indonesian Ulema Council (MUI) issued Fatwa Number 83 of 2023, concerning the law on supporting the Palestinian struggle. One of the arguments cited in the fatwa is a hadith that permits fighting invaders. This study aims to analyze the authenticity (sanad and matan) and interpretation (sharh) of this hadith while exploring its relevance to the Palestinian resistance against the Israeli occupation. Methodology: This study uses a normative approach by applying descriptive-analytical methods. Descriptive-analytical is meant here by applying the takhri>j al-h{adi>th method. Results: The analyzed hadith narrates the duel (mubarazah) between Muslim and non-Muslim warriors before the Battle of Badr. The Prophet Muhammad (SAW) permitted Ali, Hamzah, and Ubaydah to accept the challenge, resulting in victory. The hadith is authentic and highlights that dueling and armed resistance are permissible when one possesses sufficient skill and strength. Conclusion: According to Islamic law, it is lawful to fight oppressors, and helping others in such efforts—materially or immaterially—is permitted. This supports the MUI’s position that resistance to Israeli aggression is religiously justified. Limitations: This study is limited to one hadith from the MUI fatwa. A broader analysis can be performed using other hadiths or interdisciplinary perspectives. Contribution: This article highlights the content of the MUI fatwa on the permissibility of fighting against invaders in terms of hadith studies using the takhrij method.
Determinasi Pelayanan : Kepatuhan Pajak Perspektif Sosiologi Hukum Sanusi, Sanusi; Roy , Dedi; Yanti, Dewi
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 5 No. 1 (2025): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i1.4141

Abstract

Purpose: This study aims to examine 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: A juridical and sociological legal approach is used in this study, applying descriptive-analytical methods. Data were collected from literature and relevant sources, then analyzed qualitatively by organizing information into coherent narratives to draw conclusions. Results: Low tax compliance is influenced by several factors: 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 through compliance. Additionally, cultural variables such as the perception of tax obligations as communal ideals—shaped 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 limited impact on actual tax practices. Ultimately, tax compliance directly supports national development and public welfare. Limitations: This qualitative study may reflect some degree of subjectivity, and its findings are not universally generalizable. Citations are included to minimize bias. Contribution: The 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.
Aspek Pemidanaan Korporasi Berdasarkan KUHP 2023 dan Perma Nomor 13 Tahun 2016 Pratama, M. Ilham Wira
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 5 No. 1 (2025): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i1.4148

Abstract

Purpose: This study aims to determine the applicability of the criminal aspects of the Supreme Court Regulations concerning the Procedures for Handling Criminal Acts by Corporations when the Indonesian Criminal Code is in force. Methodology/approach: This research is normative legal research, which uses primary legal materials in the form of the Indonesian Criminal Code and Supreme Court Regulation Number 13 of 2016, secondary legal materials in the form of books and various legal research journals, and tertiary legal materials in the form of information obtained from the Internet. The research approach used is statutory and conceptual. The results of the analysis are presented in a qualitative descriptive manner, and conclusions are drawn in the final stage. Results: The criminalization of corporations in the Indonesian Criminal Code strengthens the applicability of the criminalization of corporations in Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations. Conclusion: PERMA No. 13/2016 regulates the formal and execution aspects of corporate punishment, while Article 56 of the Criminal Code complements it through substantive criminal provisions, thereby strengthening corporate criminal liability in Indonesia. Limitations: The scope of this research is limited to criminal law and the criminal system in corporations in Indonesia. Contribution: This research contributes to the development of knowledge in the field of criminal law and law enforcement, especially regarding the criminal system for corporations.
Konstruksi Pengaturan Penyidikan terhadap Tenaga Medis yang Berkeadilan Panji Asmara, Gregorius Yoga
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 5 No. 1 (2025): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i1.4379

Abstract

Purpose: This study aims to analyze the regulatory framework for investigating criminal acts committed by medical personnel from a justice-based perspective, particularly under Law Number 17 of 2023 concerning Health. It also seeks to identify procedural weaknesses and their implications for the legal protection of medical professionals. Methodology: Using a normative legal approach, this research examines the 1945 Constitution, the Criminal Procedure Code, and Law No. 17 of 2023. Legal materials were obtained through literature review involving primary (laws and court decisions), secondary (academic books and journals), and tertiary sources (legal dictionaries). The data were analyzed through legal interpretation, comparison, and normative argumentation, focusing on professional ethics, institutional authority, and justice principles. Results/Findings: The study finds inconsistencies in how investigations involving medical personnel are regulated. The Medical Disciplinary Panel (MDP) is often misinterpreted as having investigative authority rather than acting as a professional advisor. Coordination gaps between medical and legal institutions weaken procedural fairness and protection. A more just framework requires clarity on institutional roles and the protection of both public interests and professionals’ rights. Conclusions: A fair investigation framework must redefine the MDP’s role, enhance inter-agency coordination, and ensure balanced mechanisms aligned with justice. Limitations: This research is limited to doctrinal legal analysis and does not incorporate empirical data or socio-cultural perspectives. Contributions: This study proposes a justice-oriented model for handling legal cases involving medical personnel, reinforcing legal certainty, institutional synergy, and the balance between ethical standards and criminal accountability.
Implementasi Bantuan Militer Kepada Pemerintah Daerah Menurut UU Nomor 7 Tahun 2012 Winarna, Agus; Prasetyo, Teguh; Sutrisno, Sutrisno
Jurnal Ilmiah Hukum dan Hak Asasi Manusia Vol. 5 No. 1 (2025): Juli
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/jihham.v5i1.4569

Abstract

Purpose: The government bears the primary responsibility for national security and public welfare, including resolving regional security issues. One of the state’s strategic functions involves handling social conflicts through coordinated military assistance to local governments, as regulated under Law Number 7 of 2012. This study addresses two main issues: first, the implementation of military assistance to regional governments in handling social conflicts based on dignified justice as part of Military Operations Other than War (MOOTW) under operational control; second, the legal liability associated with social conflict management. Methodology/approach: This research uses a normative juridical approach, supported by interviews, statutory regulations, and relevant legal documents. The study examines how the law regulates military roles in civil conflict management and evaluates their implementation through doctrinal and empirical analysis. Results/findings: Findings reveal that the government’s legal policy emphasizes the importance of legal awareness and obedience as foundations for national stability. The support of law enforcement institutions and the military's role reflects a broader legal-political commitment to uphold the rule of law during conflict resolution. Conclusions: TNI soldiers play a crucial role as both combatants and community agents in delivering military assistance to regional governments. Their coordination with the police and civil institutions promotes synergy and effective conflict handling rooted in dignified law enforcement. Limitations: The study is limited to the application of Law No. 7 of 2012 and does not cover broader sociopolitical dynamics of conflict. Contribution: This study reinforces the importance of military assistance in regional governance, promoting integrated defense strategies that support dignified and lawful conflict resolution.

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