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Firstnandiar Glica Aini S
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Jurnal Penelitian Serambi Hukum
Published by Universitas Islam Batik Surakarta
ISSN : 16930819     EISSN : 25495275     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Serambi Hukum was open for researchers, lecturers, students, and practitioners who have interest to publishing the original research articles especially in legal field. The focus and scope of articles that published in Jurnal Serambi Hukum are : 1.Criminal Law (Hukum Pidana) 2.Civil Law (Hukum Perdata) 3.Constitutional Law (Hukum Tata Negara) 4.State Administrative Law (Hukum Administrasi Negara) 5.Procedural Law (Hukum Acara) 6.International Law (Hukum Internasional) 7.Enviromental Law (Hukum Lingkungan) 8.Tax Law (Hukum Pajak) 9.Islamic Law (Hukum Islam) 10.Law and Human Right (Hukum dan HAM) 11.IPR Law (Hukum dan HAKI)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 166 Documents
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Pemberian Ganti Rugi Lahan Masyarakat dalam Pengelolaan Tambang di Kabupaten Kolaka Agusmawati, Mega; Jabalnur, Jabalnur; Hasima, Rahman
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1315

Abstract

This research aims to find out the legal consequences of the provision of land compensation by the company PT. Ceria Nugraha Indotama (PT. CNI) to the community that is not in accordance with the agreement and to find out the form of legal remedies carried out by the people of Wollo Village, Wollo District, Kolaka Regency against the provision of land compensation to the community that is not in accordance with the agreement. The research method used is Empirical research. The results of this study show that, (1) The legal consequences of the provision of land compensation by the company PT. Ceria Nugraha Indotama (PT. CNI) to the community that is not in accordance with the agreement is an act of default against the community holding land rights in Wollo Village, Wollo District, Kolaka Regency, because the company does not fulfill its obligations in the agreement made orally with the community regarding the nominal amount of compensation for land acquisition, so as to cause material and immaterial losses and (2) legal remedies that can be carried out by the Village community Wolo, Wollo District, Kolaka Regency against the provision of land compensation to the community that is not in accordance with the non-litigation route, namely the negotiation method with a mechanism as stipulated in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution.
Tantangan Penegakan Hukum Terhadap Kejahatan Siber Pada Era Digital di Jawa Tengah Al-Ulamai, Ulil Amri; Harahap, Rustam Dahar Karnadi Apollo; Maskur, Ali
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1318

Abstract

The rapid development of information technology has increased the intensity of cybercrime, especially in Central Java, which has a large digital population. Crimes such as online fraud, the spread of hoaxes, and online gambling are becoming increasingly difficult to handle due to their anonymous and cross-border nature. This research aims to analyse the challenges of law enforcement against cybercrime, evaluate the strategies of law enforcement agencies, and highlight the potential of the community's role in prevention. Using a qualitative method with a descriptive-analytical approach, data were collected through interviews, observations, and documentation, and then analyzed thematically. The research results show three main findings: technical and institutional limitations in handling cybercrime, strategic steps taken by the Central Java Police Cyber Crime Directorate, and the low literacy and community involvement in prevention. This research emphasises that the effectiveness of law enforcement can be significantly enhanced by the synergy of regulations, technology, and community participation. The implication is that policies are needed to integrate community-based repressive and preventive approaches. Further research is recommended to explore more inclusive and locally based digital literacy strategies, underlining the importance of continuous learning and adaptation in combating cybercrime.
Peran Teknologi Digital Dalam Pemilihan Umum Demi Mewujudkan Pemilihan Umum Berintegritas Yuli Purnama, Taufiq; Kusuma Dewi, Retno Catur; Haryani, Anik Tri
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1319

Abstract

The purpose of this research is to provide an increase in the use of technology, especially digital technology, in the implementation of elections in a democratic country like Indonesia. The 2024 General Election faces various challenges that arise, so there is a need for digitalisation in democracy that will simplify the process of implementing General Elections in the future. The utilisation of digital technology, especially social media, is key in the implementation of future General Elections to simplify the election process as well as a channel of communication and information to the public or voters. This research uses normative legal research methods conducted by examining library materials with primary legal sources in the form of Law Number 7 of 2017 concerning General Elections, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions, General Election Commission Regulation Number 15 of 2023 concerning General Election Campaigns, and secondary legal sources in the form of books, journals and other literature. As a result of the research, it is known that the application of digital technology is expected to increase voter participation and the quality of democracy in Indonesia, reduce fraud, create more transparent, accountable, sustainable elections, and reduce problems that arise during General Elections. On the other hand, improving the skills of election organisers is also needed to improve professionalism and prevent mistakes.
Analisis Hukum Penyebarluasan Karya Fotografi secara Non-Komersial Tanpa Izin: Studi Kasus Hotel Tentrem: Analisis Hukum Penyebarluasan Karya Fotografi secara Non-Komersial Tanpa Izin: Studi Kasus Hotel Tentrem Herlambang, Herlambang; Hadi, Husni Abdul; Gisnan, Fayyaz Aqsadia; Mardian, Lutfi; Fatahillah, Ikhwan Aulia
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1322

Abstract

This paper investigates the legal analysis of the land certificate issued by the National Land Agency (BPN) of Bekasi in a land dispute case that occurred in Setia Mekar, Bekasi, and evaluates the legitimacy of such administrative decision through the lens of Indonesian State Administrative Law. The research adopts a normative legal approach, utilizing statutory analysis and case study methodology. Data collection is based on a comprehensive review of legal literature and official documents, with the analysis conducted qualitatively using systematic interpretation techniques. Findings reveal that BPN Bekasi issued a certificate in Yealdi’s name without cross-checking the existence of a prior binding court ruling, thus resulting in both procedural and substantive flaws in the administrative process. The decision in question satisfies all elements of a state administrative dispute, being specific, individualized, definitive, and legally impactful. The study recommends a full-scale audit of land registration procedures, restructuring of land history verification mechanisms, and the enhancement of legal awareness among public officials and citizens to prevent the recurrence of such administrative failures.
Independensi Peradilan: Studi Kritis Terhadap Hakim Pengadilan Negeri Surabaya Yang Memberikan Putusan Dalam Kasus Ronald Tannur Haikal, M. Surya; Amarini, Indriati
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1324

Abstract

As a state governed by the rule of law, Indonesia requires an independent judiciary capable of upholding justice objectively and free from external influence. However, the Ronald Tannur case exposes significant shortcomings in the implementation of judicial independence, marked by allegations of bribery and external pressures on the presiding judge. This study critically examines the extent to which judicial independence was maintained in the handling of the case and evaluates its implications for public trust in the legal system. Using a normative juridical approach, the research analyzed several legal frameworks, including Law No. 48 of 2009 on Judicial Power, Law No. 49 of 2009 (Second Amendment to Law No. 2 of 1986 on General Courts), the 2009 Joint Decree of the Supreme Court and the Judicial Commission on the Code of Ethics for Judges, as well as court decisions: Surabaya District Court Decision No. 454/Pid.B/2024/PN.Sby and Supreme Court Cassation Decision No. 1466 K/Pid/2024. The findings indicate that judicial independence in this case was undermined by suspected corruption, socio-political pressure, and inadequate institutional oversight. The initial acquittal at the district court levellater overturned by the Supreme Courtreflects a breach of judicial integrity and fundamental justice. This case underscores the urgent need for stronger judicial oversight mechanisms, ethical reforms, and a firm commitment to the separation of powers in order to uphold the rule of law transparently and equitably. Ultimately, the Ronald Tannur case serves as a crucial turning point in efforts to restore public confidence and reform the Indonesian judicial system. Keywords: Judicial Independence, Judiciary, Supremacy of law.
Peran Valuta Asing Dan Hukum Internasional Dalam Mendukung Perdagangan Internasional Hawari, Naufal; Nugraha, Rafi Surya; Aulia, Naswa Citra; Adi S, Muhammad Alfeon Putra; Ar Ramadhan, Chelsea Olivia Ayu; Fathurrahman, Adam Wildan; Setyawan, Edho
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1327

Abstract

This research discusses the role of foreign exchange and international law in supporting international trade in this study using normative research methods. The main focus in this study is how foreign exchange contributes to smooth transactions between countries and how international law regulates mechanisms and protection in foreign exchange transactions between countries. The data is obtained through a literature study of scientific journals, legal articles, and documents relevant to this research. The results of the study discuss that foreign exchange has an important role as a medium of exchange in global trade, allowing countries to export and import efficiently. On the other hand, international law provides a normative foundation through exchange rate regulation, currency conversion, transaction transparency, and financial dispute resolution between countries. International institutions such as the International Monetary Fund (IMF), World Trade Organization (WTO), and Bank for International Settlements (BIS) play an important role in monitoring and enforcing these provisions. The synergy between the foreign exchange system and the rules of international law is the key to creating stability and legal certainty in international trade.
Strategi Mempertahankan Suara Dalam Pemilihan Umum Anggota DPRD: Studi DPC Partai Gerindra Kota Semarang Sulistyarini, Dyah Ayu; Latif, Muhamad; Kurniawan, Dwi Wisnu
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1331

Abstract

One One of the functions of political parties is to carry out political recruitment in the process of filling political positions through democratic mechanisms by paying attention to gender equality and justice, especially in the Gerindra Party to sit in the Semarang City Regional People's Representative Council. The purpose of the study was to determine and analyze the Gerindra Party's strategy in maintaining votes in the 2024 Regional People's Representative Council member election in Semarang City. The problem approach method used is sociological juridical. The results of the study are that the strategy to maintain it, with 4 capitals, namely: 1). Economic: member and administrator contributions, donations, assistance from the Semarang City Government, monthly contributions from members of the Regional People's Representative Council; 2) Social: establishing cooperation (community leaders); 3). Cultural: political heritage of parents; open registration; and academic level; 4). Symbolic: education, cadre training. Habitus: provision, workshops, seminars; field, seat allocation opportunities; doxa, real action.
Analisis Yuridis Perlindungan Privasi Terhadap Pengambilan Foto Tanpa Izin Di Era Digital Muhammad Isya, Ibrahim; Wardani, Susilo
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1332

Abstract

The development of digital technology has significantly influenced various aspects of human life, including the emergence of critical issues related to violations of personal privacy rights. One widespread form of violation is the unauthorized taking and dissemination of photographs on social media. This phenomenon endangers individual rights and may also breach legal standards, particularly concerning personal data protection. This study aims to evaluate legal protection against the unauthorized taking and dissemination of photographs based on Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as to identify the challenges and legal efforts in its enforcement. The research method used is normative legal research, applying statutory and conceptual approaches, with data collection carried out through a literature review of primary and secondary legal documents. The findings indicate, first, that legal protection against the unauthorized taking and dissemination of photographs in the digital era as regulated under the PDP Law includes both normative and procedural protections, along with the imposition of legal sanctions on violators. Every activity of collecting, storing, processing, and disseminating photographs must be based on the explicit consent of the data subject. Second, the implementation of the PDP Law still faces serious challenges, such as the absence of an independent supervisory authority, low public literacy regarding privacy, weak legal proof capacity by law enforcement, and the lack of standardized guidelines for explicit consent
Perlindungan Hukum Terhadap Kebocoran Data Pribadi Akibat Tindak Pidana Siber: Perspektif Undang-Undang Nomor 27 Tahun 2022 Akbar, Haikal; Wicaksana, Prasetyo Budi
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1333

Abstract

The rapid advancement of information technology has brought significant challenges, one of which is the risk of personal data leakage due to cybercrime. In response to this, Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) was enacted as a legal foundation that comprehensively regulates the protection of personal data in Indonesia. This law contains the main principles of personal data protection, including the rights of individuals as data owners to receive protection, the obligations of data controllers and processors to maintain information security, as well as the obligation to conduct risk assessments in processing data that has the potential for high impact. The PDP Law also explicitly prohibits the collection and dissemination of personal data without a legal basis, which could harm the data owners, with criminal sanctions including imprisonment of up to five years and fines of up to IDR 5 billion for offenders. Moreover, this law establishes a personal data protection authority tasked with supervising the implementation of the provisions and receiving and following up on public reports of alleged violations. Victims of data leakage have several legal avenues available, such as filing civil lawsuits, reporting to the Ministry of Communication and Information Technology for administrative resolution, or reporting to the police for criminal prosecution. With this regulation, the state provides strong legal protection guarantees and structured enforcement procedures to prevent and address incidents of personal data leakage resulting from cybercrime, while also encouraging increased awareness and responsibility among data managers in today’s digital era.
Penyelesaian Sengketa Gugatan Pembatalan Akad Pembiayaan Mudharabah Menurut Hukum Perdata dan Hukum Islam Pumieda, Reyna Amalia; Astarudin, Tatang; Yusup, Deni Kamaludin
JURNAL PENELITIAN SERAMBI HUKUM Vol 18 No 02 (2025): Jurnal Penelitian Serambi Hukum Vol 18 No 02 Tahun 2025
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v18i02.1334

Abstract

This research examines the dispute resolution mechanism for mudharabah contract cancellation by integrating civil law and Islamic law perspectives in Indonesia. Mudharabah contract as a sharia financial instrument requires a clear dispute resolution mechanism when cancellation occurs due to breach of contract or violation of sharia principles. The research method uses a normative juridical approach with case analysis of Supreme Court Decision Number 272 K/Ag/2015 between PT. Permodalan BV and Koperasi BS. The dispute resolution mechanism is regulated in Article 55 of Law No. 21 of 2008 with a hierarchy: deliberation, banking mediation, BASYARNAS, and religious courts. In civil law, contract cancellation is based on breach of contract (Articles 1243, 1266, 1267 of the Civil Code), while in Islamic law it occurs when the mudharib deviates from the principle of trust (KHES Articles 244, 251). The research results show legal uncertainty regarding the authority of courts versus sharia arbitration. The Supreme Court affirms the absolute competence of Religious Courts in sharia economics. Regulatory improvement and development of an effective sharia economic mediation system are needed to provide legal certainty.

Page 13 of 17 | Total Record : 166

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