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INDONESIA
Jurnal Smart Hukum (JSH)
Published by PT Inovasi Pratama Internasional
ISSN : -     EISSN : 2961841X     DOI : https://doi.org/10.55299/jsh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 144 Documents
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Regulating Coastal Setbacks Through Spatial Planning Law Enforcement Iswarayana, I Gede Andi; I Made Suwitra; I Wayan Rideng
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1793

Abstract

This study examines the enforcement of spatial planning law in regulating coastal setback utilization in Nusa Penida, Klungkung Regency, Bali, where rapid tourism development has intensified pressure on protected coastal zones. The research aims to assess the effectiveness of legal enforcement mechanisms in controlling coastal setbacks and to identify institutional and regulatory factors that hinder compliance. An empirical legal research design is adopted, integrating statutory, conceptual, and sociological approaches. Primary data were gathered through semi-structured interviews with local government officials and relevant stakeholders, while secondary data were obtained from legislation, regional spatial planning documents, and official records. Qualitative analysis was conducted by relating normative spatial planning provisions to observed enforcement practices in the study area. The findings indicate that coastal setback regulation has not been effectively implemented, largely due to the absence of detailed spatial planning instruments, limited supervisory capacity, and reliance on administrative discretion rather than clear technical standards. These conditions weaken legal certainty and constrain the consistent application of zoning rules and sanctions. The study concludes that the formulation of detailed spatial plans and the strengthening of enforcement mechanisms are critical to improving coastal setback governance and supporting sustainable coastal management in island tourism regions.
Analysis of The Legal Status of Gig Workers in Indonesia’s Digital Platforms: The Urgency of Sufficient Work Regulations as Social Protection Lumban Gaol, Christopher Panal; Bambang Eko Nugroho; Dadang Sumarna; Asnal Hafiz; Irsan Rahman
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1794

Abstract

The rapid expansion of Indonesia's digital economy has created approximately 41.6 million gig workers, yet their legal status remains undefined within the existing labor law framework. This study employs quantitative and normative legal analysis to examine the legal status of gig workers operating through digital platforms (Gojek, Grab, and other service applications) and evaluate the adequacy of current Indonesian labor regulations in providing social protection. Through analysis of statutory instruments including Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation (Omnibus Law), alongside empirical data on worker demographics, income distribution, and social security participation rates, this research demonstrates that gig workers meet substantive criteria of employment yet remain classified as independent contractors. The study reveals that 7.61 percent of informal workers maintain social security coverage, with participation rates as low as 1.6 percent among gig workers specifically. Quantitative analysis of 130 gig workers across three provinces demonstrates income volatility (average monthly earnings: IDR 3.0-3.98 million), excessive working hours (30-40 hours weekly, with 20 percent exceeding 40 hours), and negligible social safety net access (49.23 percent lack health insurance). The research concludes that the Sufficient of Work doctrine, grounded in ILO conventions and the principle of decent work, provides a superior analytical framework for protecting digital platform workers. The study recommends legislative reform incorporating hybrid employment categories, mandatory social protection coverage regardless of classification, and algorithmic transparency mechanisms as essential safeguards for worker dignity and economic security in Indonesia's evolving labor market
The Paradigm of Criminal Offences Becoming Ordinary Criminal Offences in Cases of Sexual Harassment Within the Family as a Form of Criminal Law Reform in Indonesia Yurico Bawole, Grace; Wulanmas Frederik; Emma V. T. Senewe; Natalia Lengkong
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1823

Abstract

The purpose of this study is to find the ideal concept of regulating complaint offences into ordinary offences against the enforcement of sexual harassment cases in the household as a form of legal reform in Indonesia, using empirical juridical research methods. The research method uses an approach that examines the applicable legal rules in the social, political, economic, and cultural contexts, as well as to understand how the law works in everyday reality. This research is essentially normative legal research but is also supported by empirical research. There are many cases of sexual abuse in Indonesia, but it is still very difficult to enforce the law because sexual abuse within the household is still considered a complaint offence. so that law enforcement officials cannot prosecute and punish perpetrators if there is no report or complaint from the victim, or even if there is a complaint and report, the victim usually reconciles with the perpetrator and the legal process is terminated because it cannot be continued. Therefore, it is necessary to reclassify offences from complaint-based offences to ordinary offences in cases of sexual abuse within the household as a form of criminal law reform in Indonesia.
Abuse of Authority and Gratification in Customs Institutions: Juridical-Empirical Analysis of The Directorate General of Customs Officials Case in 2026 Murwoto, Murwoto; MS Tumanggor; ST Laksanto Utomo
Jurnal Smart Hukum (JSH) Vol. 4 No. 3 (2026): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i3.1840

Abstract

This article examines the criminal liability of officials of the Directorate General of Customs and Excise (DJBC) of the Republic of Indonesia in the context of the bribery and gratification case uncovered in February 2026. Employing a juridical-empirical (socio-legal) approach, this study analyses the fulfillment of corruption offense elements under Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 on the Eradication of Corruption, and examines the correlation between administrative discretion and abuse of authority. Data were collected through documentary research of primary legal sources, official releases of the Corruption Eradication Commission (KPK), and peer-reviewed academic literature. The results reveal that the modus operandi involved systematic manipulation of the customs inspection lane system and receipt of monthly bribes amounting to IDR 7 billion to facilitate the importation of counterfeit goods without full physical examination. Legal analysis demonstrates that the abuse of administrative discretion in determining inspection lanes constitutes a corruption offense when accompanied by receipt of gifts or promises. Theoretically, the case validates Klitgaard's (1988) corruption formula: the convergence of authority monopoly, broad discretion, and low accountability. This study further identifies systemic implications for institutional reform of the DJBC, encompassing integrity-based merit systems, transparent audit trails in customs processes, and expanded anti-corruption collaboration mechanisms

Page 15 of 15 | Total Record : 144

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