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INDONESIA
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 169 Documents
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Perlindungan Hukum Kesehatan Anak dalam Pusaran Kelalaian Program Makan Bergizi Gratis Winriadirahman, Prameswara
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1470

Abstract

The Free Nutritious Meal (MBG) program launched in early 2025 aims to tackle stunting, but its implementation has been marred by mass poisoning incidents affecting thousands of children. This research aims to analyze the form of government civil liability and legal protection for child victims of poisoning from the perspective of positive law in Indonesia. Using a normative juridical research method, this study examines various regulations such as the Child Protection Law, Health Law, Food Law, and Supreme Court Regulations (PERMA). The results indicate that the government's failure to ensure food safety constitutes an Unlawful Act by the Authority (Onrechtmatige Overheidsdaad). Based on PERMA Number 2 of 2019, this dispute falls under the absolute competence of the Administrative Court (PTUN). Victims' families can demand material and immaterial compensation collectively through a class action mechanism according to PERMA Number 1 of 2002. Legal protection for children includes preventive aspects through strict supervision from production to distribution stages, as well as repressive aspects through medical rehabilitation and compensation. The success of the MBG program is measured not only by budget absorption but also by the realization of a safe and accountable child protection ecosystem.
Penegakan Hukum Terhadap Tindak Pidana Perjudian Ditinjau Berdasarkan Pasal 303 Kitab Undang-Undang Hukum Pidana Joyokusumo, Raden Sumito; Prastyanti, Rina Arum; Habib, Muhammad; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1471

Abstract

This study aims to determine 1) the law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code. 2) the obstacles and challenges faced in law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code. This research method uses an empirical juridical approach, which is research that examines legal realities that occur in society, by looking at it from an empirical perspective. The types of data used are primary data through interviews and secondary data sourced from primary, secondary, and tertiary legal materials. Data collection techniques are carried out through interviews and literature studies. Data analysis techniques are carried out descriptively qualitatively with data reduction, data presentation, and drawing conclusions. The results of the study indicate that law enforcement against gambling crimes as reviewed based on Article 303 of the Criminal Code based on law enforcement theory according to Soerjono Soekanto, the success of law enforcement is influenced by five factors: legal factors (legal substance), law enforcement factors, means or facilities factors, community factors, legal culture factors. Article 303 of the Criminal Code provides a clear legal basis for prosecuting perpetrators of gambling crimes, both as organizers and participants. Obstacles faced in law enforcement against offline gambling include proving the elements of the crime, limited human resources and infrastructure of law enforcement officers, and social and cultural factors, where gambling is still considered a tradition or social entertainment that is difficult to eradicate. Obstacles faced in law enforcement against online gambling include limited regulations in the Criminal Code, difficulties in identifying and tracking perpetrators, and digital evidence. Challenges to law enforcement under Article 303 of the Criminal Code include the principles of legality and legal certainty, inter-institutional coordination, and rapid technological developments, which pose challenges for law enforcement. Another challenge faced in law enforcement is the weak deterrent effect of criminal sanctions imposed on gambling perpetrators.
Tinjauan Yuridis Terhadap Tindak Pidana Penyalahgunaan Narkotika Berdasarakan Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika Nusantara, Raden Daru Fajar; Santoso, Aris Prio Agus; Guntara, Peter; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1472

Abstract

This study aims to determine 1) the legal review of the crime of narcotics abuse based on Law Number 35 of 2009 concerning narcotics. 2) obstacles and law enforcement efforts against the crime of narcotics abuse based on Law Number 35 of 2009 concerning narcotics. This research method uses a normative legal approach with a prescriptive research type that focuses on literature studies. The data used are secondary data sourced from primary, secondary, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique is carried out descriptively qualitatively with data reduction, data presentation, and drawing conclusions. The results of the study indicate that the study shows that Law Number 35 of 2009 has clearly regulated provisions regarding narcotics abuse and its sanctions. Obstacles to the crime of narcotics abuse are legal substance obstacles, legal structure obstacles, facilities and infrastructure obstacles, community legal culture obstacles and external factors such as technology and transnational networks. Law enforcement efforts against narcotics abuse crimes are classified into representative efforts, preventive efforts and rehabilitative efforts.
Pergeseran Kompetensi Yurisdiksi antara Pengadilan Agama dan Pengadilan Negeri: Kajian Sosiologi dan Pluralisme Hukum Muttaqin, Ahmad Arif Khoirul; Majid, Nur Kholis
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1475

Abstract

Abstract The jurisdictional competition between the Religious Court and the District Court in sharia economic cases reflects the dynamics of legal pluralism and social change in Indonesia. The duality of norms in regulations, particularly the absolute authority of the Religious Court on the one hand and the opportunity for choice of forum on the other, has led to structural competition between the two judicial institutions in claiming authority over sharia economic disputes. This article analyzes this phenomenon through a legal-normative and sociological approach to explain how the two formal legal systems compete for legitimacy and public trust. The results of the study show that jurisdictional competition is not only caused by regulatory disharmony, but also by the social dynamics of Muslim communities who have different preferences regarding dispute resolution forums. Ultimately, this competition was resolved normatively through a constitutional affirmation that strengthened the position of the Religious Court as the primary authority in sharia economic disputes, while also illustrating the direction of Indonesia's legal pluralism toward a more integrative pattern. Keywords: Religious Court, District Court, Jurisdictional Competition, Legal Pluralism, Sociology of Law.
Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Dalam Rumah Tangga Ariani, Devi; Aryono, Aryono; Habib, Muhammad; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1478

Abstract

This study aims to determine 1) the legal protection of children as victims of domestic violence. 2) the obstacles faced and alternative solutions provided to children as victims of domestic violence. This research method uses a normative-empirical legal approach with a prescriptive research type, focusing on literature studies. The data used are primary data through interviews and secondary data sourced from primary, secondary, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique is descriptive qualitative with data reduction, data presentation, and drawing conclusions. The results of the study indicate that the study shows that Law Number 35 of 2014 provides legal protection for child victims of domestic violence and guarantees the fulfillment of children's rights so that they can live, grow, develop, and participate optimally in accordance with human dignity and dignity, and receive protection from violence and discrimination, for the realization of quality, noble, and prosperous Indonesian children. Obstacles include lack of human resources, inadequate facilities, difficulty in obtaining information from victims because they are still afraid, ashamed, and traumatized, and lack of public awareness regarding domestic violence against children. Alternative solutions include prevention through education of parents and the community. Awareness campaigns with public education, strengthening the role of schools, legal protection by strengthening regulations to protect children from violence. Economic empowerment programs for victim families. Handling cases of violence through reporting and early intervention, psychological assistance, enforcement of child protection laws, rehabilitation. Long-term recovery and support through psychosocial guidance, access to education and health, adoption and foster care programs. Prevention and handling of child violence requires cooperation from all parties, including families, schools, communities, and the government so that children can grow up in a safe and healthy environment.
Analisis Yuridis Terhadap Tindak Pidana Perampasan Kendaraan Bermotor Oleh Debt Collector Dalam Praktek Leasing di Indonesia (Studi Putusan No. 176/Pid.B/2018/PN. Lbo) Wigianti, Hesty Tanjung; Nugrahaningsih, Widi; Utomo, Hery Dwi; Elisanti, Evi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1479

Abstract

This study aims to determine 1) the legal analysis of the criminal act of unilateral confiscation of motor vehicles by debt collectors in leasing practices in Indonesia (Study of Decision No. 176/Pid.B/2018/PN. Lbo). 2) the legal responsibility of leasing companies for the criminal act of unilateral confiscation of motor vehicles carried out by debt collectors in leasing practices in Indonesia (Study of Decision No. 176/Pid.B/2018/PN. Lbo). This research method uses a normative legal approach. The type of data used is secondary data. Secondary data is data obtained through literature studies. The secondary data of this study are primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique is carried out through literature studies. The data analysis technique used is qualitative analysis. Qualitative data analysis because it is integrated with the activities of data collection, data reduction, data presentation, and conclusions from research results. The results of the study indicate that the study shows that the decision Number 176 / Pid.B / 2018 / PN Lbo, the taking of motor vehicles by debt collectors without the consent of the debtor, without a legal execution procedure, and accompanied by elements of coercion or threats, fulfills the elements of a criminal act as regulated in Article 365 of the Criminal Code (theft with violence) or Article 368 of the Criminal Code (extortion), depending on the modus operandi and legal facts in the trial. This confirms that the action is not just a matter of civil default, but has entered the criminal realm. Leasing companies can be held legally responsible as an extension of the financing company based on the principle of vicarious liability, the provisions of Article 1367 of the Civil Code for unlawful acts committed by debt collectors as long as they carry out their duties. Decision No. 176 / Pid.B / 2018 / PN Lbo shows that the pretext of using a third party does not eliminate the company's legal responsibility. If a debt collector commits an unlawful act in the process of billing or repossessing a vehicle, the leasing company can be held accountable either criminally, civilly or administratively and is liable under consumer protection law.
Implementasi Good Faith Principle Atau Prinsip Itikad Baik Dalam Perjanjian Asuransi Kesehatan Anugerah, Muhamad Fredianto Boro; Suparwi, Suparwi; Suniaprily, Firstnandiar Glica Aini; Khaerudin, Ariy
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1507

Abstract

This written aim to know about the implementation of good its principles on the health insurance agreement and to know the legal settlement when a good faith principle is involved in the health insurance agreement. Good communication required between insurance and responsible companies to conduct insurance agreements to minimize the possibility of the breach of relationship related to the good principles in the agreement. Liability responsibility tells the state with their actual insurance company can provide policy according to responsible conditions. Sharing of risk was done by a policy on the insurance company. But in practice the claims payment process is not as easy as it seems, this is because a lot of processes to go through before a claim will be paid, not even melted because of many things and one of the things that most often the problem is due to the prospective insured to peruse the contents of the contract of insurance to be entered. It should society must understand the clauses contained in the policy and the insurance company was already supposed to explain in detail the agreements contained in the policy so as not to cause disagreement in response to the content rather than the insurance polic and insurance issues are based on bad faith can be avoided. Although the disputes in the insurance sometimes can not be avoided should the parties to remain calm in the face and prefer to resolve their disputes out of court so as to achieve the concept of win-win solution for both parties.
Analisis Hukum Tindak Pidana Aborsi di Kecamatan Tanjung Morawa (Studi di Kantor Kepolisian Resort Kota Deli Serdang) Juliandi, Juliandi; Syamantha, Talita; Suriyati, Chairus; Lubis, Junaidi
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1514

Abstract

Abortion is criminal act. So that in law enforcement, the village, sub-district and so on governments should also be involved in providing information about the dangers of abortion crimes, especially to families and young generations in Tanjung Morawa District. Abortion crimes that occurred in Tanjung Morawa District, Deliserdang Regency also increased from the previous 15 incidents in 2022 and around 28 incidents until 2025. Of course, this criminal act of abortion must be carried out by law enforcement so that in the future the same criminal act will not be repeated in the future. Many individuals commit the crime of abortion secretly, and most of them are assisted by people who do not have adequate training. The obejctives of the research include to enforce criminal law for every abortion perpetrator, especially in Tanjung Morawa District. The topic was chosen because of a sense of concern in the people of Tanjung Morawa to be more responsible and not to have abortions for various specific reasons. Combinations normative and empirical to describe and explain events from various reference sources and the study's findings, which included interviews with members of the Deliserdang Resort police, revealed that the dread of becoming pregnant outside of marriage led to a number of criminal abortions, having free sex, and lack of responsibility from the male side. With this research, in the future the crime of abortion can be minimized in Tanjung Morawa sub-district.
Rekonstruksi Perlindungan Hukum UMKM Dalam Hubungan Bisnis Dengan Korporasi Wardoyo, Heru
JURNAL PENELITIAN SERAMBI HUKUM Vol 19 No 01 (2026): Jurnal Penelitian Serambi Hukum Vol 19 No 01 Tahun 2026
Publisher : Fakultas Hukum Universitas Islam Batik Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59582/sh.v19i01.1522

Abstract

This study aims to examine and analyze the legal protection framework for Micro, Small, and Medium Enterprises (MSMEs) in business relationships with corporations, as well as to formulate an ideal reconstruction of legal protection to ensure fairness and balance between the parties. This research employs a normative legal method with a descriptive-analytical nature. The approaches used include statutory and conceptual approaches. The sources of legal materials consist of primary and secondary legal materials. The collection of legal materials was conducted through library research, while the analysis was carried out qualitatively. The results indicate that legal protection for MSMEs in business relationships with corporations remains partial and has not been specifically formulated within a comprehensive regulatory framework. Existing regulations still rely largely on general contract law norms that presume equality between parties. In practice, such assumptions often do not reflect the actual bargaining positions between MSMEs and corporations. Therefore, the reconstruction of legal protection should be directed toward strengthening the principle of contractual fairness, proportionally limiting the principle of freedom of contract, developing more protective standard contracts, providing accessible dispute resolution mechanisms, and reinforcing the state’s role in regulating and supervising MSME–corporate partnerships. Such reconstruction is expected to foster more equitable and sustainable business relationships for MSMEs.

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