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INDONESIA
HUKMY : Jurnal Hukum
Published by Universitas Ibrahimy
ISSN : 28076656     EISSN : 28076508     DOI : https://doi.org/10.35316/hukmy
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
HUKMY: Jurnal Hukum adalah media publikasi ilmiah yang terbit setiap bulan April dan Oktober. Artikel yang diterbitkan merupakan hasil seleksi dengan sistem double-blind review. HUKMY: Jurnal Hukum menerima naskah dalam bentuk hasil penelitian normatif, empiris, studi doktrinal, gagasan konseptual, resensi buku, yang relevan dengan bidang Ilmu Hukum. Editorial HUKMY: Jurnal Hukum memproses naskah yang belum pernah dipublikasikan sebelumnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 99 Documents
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PEMBATASAN KEBEBASAN BEREKSPRESI DALAM DEMONSTRASI 2025 DI INDONESIA DITINJAU DARI PRINSIP RULE OF LAW Rudi Santoso; Erry Meta; Fikri Hadi
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1156-1169

Abstract

Freedom of expression and speech is a constitutional right guaranteed in Article 28E Paragraphs (2) and (3) of the 1945 Constitution, and is included as a right that cannot be reduced under any circumstances according to Article 28I Paragraph (1). However, in the context of demonstrations, problems sometimes arise in the form of riots and looting, as occurred during the demonstrations in August-September 2025 in Indonesia. This normative study aims to analyze the restrictions on freedom of expression in the 2025 demonstrations in Indonesia from the perspective of the principle of the rule of law. Using a statute and conceptual approach, this study examines the legal regulations governing these constitutional rights and the government's application of the principle of the rule of law. The results show that restrictions on freedom of expression are regulated in a limited manner in Article 28J Paragraph (2) of the 1945 Constitution and Law Number 9 of 1998. In the context of the 2025 demonstrations, which were marred by violence and looting, if the government wishes to impose restrictions, their application must refer to principle of the rule of law, which encompasses three main pillars: the supremacy of law (legal certainty and restrictions on the power of officials), equality before the law (equal treatment and accountability of officials), and the principle of proportionality. Any restrictions imposed by the state must have a valid legal basis, be aimed at protecting legitimate objectives and proportionate in a democratic society, in accordance with international human rights law standards.
PERLINDUNGAN ANAK TERHADAP PRAKTIK KEKERASAN PADA POLA ASUH ANAK DI MASYARAKAT ADAT MANGGARAI NTT (PERSPEKTIF UNDANG UNDANG PERLINDUNGAN ANAK) Helmi Daiyati; Andy Usmina Wijaya
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1170-1184

Abstract

This study aims to analyze the forms of legal protection for children from violent practices in the parenting patterns of the Manggarai indigenous community, East Nusa Tenggara. Violent practices in these parenting patterns are still often considered part of the tradition of educating children, thus contradicting the principles of child protection in Law No. 35 of 2014 concerning “Child Protection”. By applying normative legal research methods, this study highlights the tension between customary legal norms and national law. The results show that the implementation of child protection is not optimal due to the strong influence of local culture. Legal harmonization measures are needed that integrate customary values ​​with the principles of child protection to realize justice and legal balance in society.
ANALISIS YURIDIS PENYALAHGUNAAN KEWENANGAN SISTEM PENGELOLAAN WAKAF YANG TRANSPARAN DAN AKUNTABEL DALAM PERSPEKTIF HAM Nabila Salsabila; Ainun Najib
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1185-1196

Abstract

Abuse of authority in waqf management is a common problem in Indonesia. This can be detrimental to society and violate human rights. Abuse committed by public officials, especially in institutions that manage waqf funds, such as the Indonesian Waqf Board (BWI), is a serious violation that not only impacts state finances but also violates the economic and social rights of the community as beneficiaries of waqf. Socially, abuse of authority in waqf management will have a serious impact on public trust. This study aims to analyze the abuse of authority in a transparent and accountable waqf management system from a human rights perspective. The research method used is a normative juridical method with a content analysis approach. The results show that abuse of authority in waqf management can take the form of corruption, misappropriation, and lack of transparency. The impact of abuse of authority can be in the form of losses to society and human rights violations. Therefore, a juridical analysis is necessary to regulate transparent and accountable waqf management. Effective supervision ensures that public funds are used according to their mandate and social objectives. Law Number 41 of 2004 concerning waqf was a significant milestone in strengthening the national waqf system. This law places great emphasis on productive and professional waqf management so that it can serve as an instrument for the economic development of the community.
ANALISIS PERAN HUKUM SEBAGAI MOTOR PEMBANGUNAN PENDIDIKAN ATAS PUTUSAN MK NO. 3/PUU-XXII/2024 Muhammad Aris Saifuddin
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1211-1215

Abstract

This study analyzes the role of law as a driving force in educational development through the implementation of Constitutional Court Decision No. 3/PUU-XXII/2024 within the private school financing system. The ruling reaffirms the state’s responsibility to guarantee non-discriminatory basic education, including for students in private schools that perform a social function. The research employs a normative legal method with statutory and conceptual approaches to examine the norms of education financing and the principles of distributive justice. The findings indicate that the Constitutional Court’s decision shifts the financing paradigm from a centralized model toward an inclusive scheme that allows the state to provide proportional subsidies to private schools. The analysis of implementation across regions reveals variations in policy readiness, depending on fiscal capacity, technical regulations, and local governance structures. The study concludes that the effectiveness of the decision requires derivative regulations, strengthened central–local coordination, and reforms in education budget governance. Keywords: education financing, Constitutional Court decision, private schools
KEKUATAN HUKUM SERTIFIKAT ELEKTRONIK SEBAGAI ALAT BUKTI DALAM SENGKETA JUAL BELI TANAH Raffi Fikriansyah Lipurta; Suwarno Abadi
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1197-1210

Abstract

The development of information technology in Indonesia has brought significant changes to the practice of land sale and purchase transactions, particularly through electronic mechanisms. Electronic certificates function as instruments for data and identity authentication, yet they also raise debates regarding their legal validity and position as evidence in land dispute cases. This study aims to examine the legal status of electronic certificates as valid evidence within Indonesia’s legal system and to assess their effectiveness in providing legal protection for parties engaging in digital transactions. The research method employed is a normative juridical approach by reviewing relevant regulations, including Law Number 11 of 2008 on Information and Electronic Transactions and its amendment through Law Number 19 of 2016, as well as implementing regulations concerning electronic certificates, namely Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation Number 1 of 2021 and Ministerial Regulation Number 3 of 2023. In addition, this study is supported by secondary legal materials such as literature, academic journals, and previous research. The findings indicate that electronic certificates hold equal legal standing with conventional certificates, provided they comply with the principles of authentication, data integrity, and legal verification. Moreover, electronic certificates serve not only as proof of ownership but also as instruments for dispute prevention through an integrated digital system. Nevertheless, their implementation still faces challenges, including limited infrastructure, gaps in digital literacy, and public concerns regarding data security
ANALISIS YURIDIS TERHADAP PENYALAHGUNAAN NARKOTIKA OLEH ANAK DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Herlina Isang; Muhamad Chaidar
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1216-1231

Abstract

This research discusses legal protection for children who abuse narcotics within the juvenile criminal justice system in Indonesia. The main focus of the study is the legal framework regulating the position of children as perpetrators, victims, or witnesses, as well as the duality between criminal law enforcement and rehabilitation approaches. The research employs a qualitative method with a normative juridical approach, involving an analysis of legislation, literature, and case studies. This approach includes examining the provisions contained in Law Number 35 of 2009 on Narcotics and Law Number 11 of 2012 on the Juvenile Criminal Justice System, as well as reviewing doctrines and theories of criminal law and child protection theories, supported by case studies related to the issue.
KESEIMBANGAN PERLINDUNGAN HUKUM ANTARA DOKTER INTERNSIP DAN PASIEN DALAM KASUS DUGAAN MALPRAKTIK Emirza Nur Wicaksono
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1232-1233

Abstract

This study aims to analyze the balance of legal protection between intern doctors and patients in cases of alleged malpractice within the Indonesian healthcare legal system. The main problem lies in the unclear regulations regarding the legal responsibility of intern doctors, which has the potential to create legal uncertainty and imbalanced protection. This study uses normative legal methods with a statutory and conceptual approach to examine relevant legal norms, principles, and doctrines. The results show that although Law Number 17 of 2023 concerning Health regulates legal protection for medical personnel and patients, there are no specific regulations regarding the legal position of intern doctors. Available dispute resolution mechanisms, whether through mediation, disciplinary bodies, or litigation, do not fully accommodate the characteristics of intern doctors as medical personnel in the learning phase. As a result, uncertainty arises in the division of legal responsibility, resulting in unequal protection. This study concludes that regulatory and institutional strengthening is needed to create a fair and proportional balance of legal protection. These findings contribute to the development of healthcare law and provide a basis for formulating policies that are more responsive to the dynamics of medical practice.
ANALISIS YURIDIS PERTIMBANGAN HAKIM TERHADAP KORBAN EKSPLOITASI SEKSUAL DALAM TINDAK PIDANA PERDAGANGAN ORANG Nadya Alifia Hafsah; Syahrul Ibad; Ahmad Yunus
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1234-1249

Abstract

A judge’s decision is the final result of a long process in criminal law, and within that decision, there is the fate of an individual who is found guilty of committing a criminal act. The format of a judge’s decision has been regulated in Article 197 of the Criminal Procedure Code (KUHAP), which consists of both material and formal requirements. This research is also conducted to understand the regulation of sexual exploitation as stated in Law No. 21 of 2007 concerning the Eradication of Human Trafficking Crimes. In this case, the author is particularly interested in examining the indictment submitted by the public prosecutor (JPU) for the defendant. The purpose of this research is also to evaluate the accuracy of the public prosecutor in formulating/deciding their indictment This research uses a normative juridical method and an approach based on the law, with data collected through library research and analyzed using a perspective technique. The discussion results show that the actions carried out by the defendant have fulfilled the elements in Article 2 paragraph (1) of Law No. 21 of 2007 concerning the Eradication of Human Trafficking Crimes. Therefore, the judge’s decision was not entirely accurate, as the public prosecutor was not thorough or careful enough in drafting the indictment. As a result, the penalty imposed by the panel of judges did not align with the defendant’s actions.
PENANGANAN TINDAK PIDANA PENYALAHGUNA NARKOTIKA DALAM PERSPEKTIF RESTORATIVE JUSTICE Azkha Aflahiyah; Syarifuddin Syarifuddin; Fathorrahman Fathorrahman
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1250-1259

Abstract

Narcotics abuse is a criminal offense in Indonesia that is still predominantly addressed through a repressive legal approach, without clear distinction between users and traffickers. In practice, many narcotics abusers, who are essentially victims of addiction, are sentenced to imprisonment without consideration for rehabilitation alternatives. This study aims to examine the application of the restorative justice concept in handling narcotics abusers in Indonesia and to assess its effectiveness as an alternative to imprisonment. This research employs a normative juridical method with a statutory approach and a case study of Denpasar District Court Decision Number 1030/Pid.Sus/2024/PN Dps. The findings indicate that, normatively, the application of restorative justice for narcotics abusers has a legal basis through Law Number 35 of 2009, the Indonesian Attorney General’s Regulation Number 15 of 2020, and the Indonesian National Police Regulation Number 8 of 2021. However, its implementation in practice remains suboptimal due to the absence of integrated assessment requests, the persistence of retributive legal paradigms, and limited inter-agency coordination among law enforcement institutions. Therefore, legal policy reform oriented toward the recovery of abusers through systematic rehabilitative and restorative approaches is urgently needed.

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