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INDONESIA
Jurnal Hukum Indonesia
Published by Riviera Publishing
ISSN : 2964142X     EISSN : 29630444     DOI : https://doi.org/10.58344/jhi.v2i1.11
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Hukum Indonesia is a national scientific journal. A double-blind, peer-reviewed, open-access journal published by Riviera Publishing every three months. Jurnal Hukum Indonesia provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be empirically examined. The journal publishes research articles covering all aspects of legal science, ranging from civil law, criminal law, constitutional law, criminal procedural law, Islamic law, customary law, and state administration administrative law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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Analisis Akibat Hukum Terhadap Pelaku Wanprestasi dalam Kontrak Leasing Properti Hunian Bagaskara, Muhammad Fadhil; Dwi, Aura; Tarina, Dwi Desi Yayi
Jurnal Hukum Indonesia Vol. 2 No. 4 (2023): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v2i4.1691

Abstract

Kasus wanprestasi dalam kontrak leasing properti hunian melibatkan ketidakpatuhan salah satu pihak terhadap kewajiban yang telah disepakati. Penelitian ini menggali aspek hukum yang relevan dengan kasus semacam ini tinjauan terhadap kewajiban dan persyaratan dalam kontrak, termasuk pembayaran sewa dan pemeliharaan properti. Undang-Undang Perjanjian dan hukum properti memainkan peran penting dalam menentukan hak dan kewajiban kontraktor, analisis mencakup penilaian terhadap langkah-langkah hukum yang dapat diambil, seperti negosiasi, arbitrase, atau pengajuan gugatan. Perlindungan hukum bagi penyewa dan pemilik properti juga menjadi fokus penting. Dengan mempertimbangkan semua aspek ini, analisis hukum menyediakan pandangan menyeluruh untuk menentukan penyelesaian yang sesuai dengan hukum dan adil bagi semua pihak yang terlibat.
Provision of Maintenance for Former Wives of Civil Servants According to Government Regulation No. 45 of 1990 Lingga, Anggi Salsha Musdalifa; Sembiring, Idha Apriliana; Barus , Utary Maharany
Jurnal Hukum Indonesia Vol. 4 No. 2 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i2.1591

Abstract

Government Regulation of the Republic of Indonesia Number 45 of 1990, civil servants who have divorced are obliged to provide maintenance to the former wife after the divorce. The primary purpose of this research is to analyze the provisions for providing maintenance to former civil servant wives in Government Regulation number 45 of 1990 and KHI, to find out the responsibility of a civil servant husband when a divorce occurs according to Indonesian positive law, to find out the analysis of legal decisions on the provision of maintenance for former civil servant wives according to Government Regulation Number 45 of 1990 in decision 27/Pdt.G/2022/PA.Tte. The method used in this study is normative juridical research using secondary data taken from primary, secondary, and tertiary legal materials. The results of this study explain that there are several factors for providing maintenance to former civil servant wives, according to PP 45 of 1990. Providing maintenance to the ex-wife of a civil servant has good legal consequences for the position of a wife and civil servant. Regarding legal considerations, the judge in Decision Number 27/Pdt.G/2022/Pa.Tte has been based on and by Indonesian favorable legal regulations.
Normative Analysis of the Application of Balinese Customary Law in Determining Child Adoption Hakim, Lukman; Rahmawati, Alfi; Akbar, Raihan Aulia; Tamam, Badrut
Jurnal Hukum Indonesia Vol. 4 No. 3 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i3.1602

Abstract

Adoption in Balinese customary law, known as "Nyentanang/Meras Pianak/Meras Sentana," serves to continue the family lineage, especially in the patrilineal family system. Adoption in Balinese society has certain principles that prioritize family relationships and the continuity of customary descent. This study aims to analyze the application of Balinese customary law in the adoption process through a study of Decision Number 214/PDT.P/2024/PN. The main focus of the study is to assess the application of Balinese customary law in court decision-making, examining the conformity between Balinese customary law norms and Indonesian laws and regulations regarding adoption. This study uses a normative legal method with a statutory, case, and conceptual approach. The results of the study show that although Indonesian positive law regulates adoption through government regulations and laws, the application of Balinese customary law in adoption provides flexibility in accordance with local cultural values, which prioritize the continuity of descendants and responsibility in the family. However, there is tension between the unwritten Balinese customary law and the written national law, especially regarding the age of the adopted child, which in Decision Number 214/PDT.P/2024/PN involved a 29-year-old child, contrary to the provisions of national law that regulate the adoption of children under the age of 18. The results of this study emphasize the importance of a balance between the application of Balinese customary law and compliance with positive law in maintaining justice and children's rights, so as to create balanced legal certainty in the adoption process.
Legal Protection of Persons with Mental Disorders in Health Services in Accordance with Laws and Regulations in Indonesia Zanuba, Sherly; Saputri, Maretha Maharani; Sami'an, Sami'an
Jurnal Hukum Indonesia Vol. 4 No. 2 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i2.1615

Abstract

This study aims to examine the role of the Pekalongan City Social Service in synchronizing legal protection arrangements for people with mental disorders (ODGJ, Orang dengan Gangguan Jiwa) and to identify forms of legal protection in health services within the framework of Indonesian laws and regulations. The research employs a normative legal research approach, focusing on laws, legal methods, legal principles, and regulations, as well as expert opinions. The problem approach used in this study includes a legislative approach and a conceptual approach. The legislative approach involves reviewing all relevant laws and regulations related to the issue at hand, while the conceptual approach examines theoretical frameworks and principles underlying legal protection for ODGJ. The research methods include the statute approach (analysis of laws and regulations) and an analytical approach, with a focus on inventorying laws and regulations, legal synchronization, and legal discovery in concreto. Based on the findings, it is concluded that the Pekalongan City Social Service has played a significant role in implementing the synchronization of legal regulations related to the protection of ODGJ. Forms of legal protection include ensuring access to standardized mental health services, rehabilitation, empowerment, elimination of shackling practices, availability of psychopharmacological drugs, the right to accurate medical information, protection from violence and discrimination, and the fulfillment of social and legal rights. These protections aim to improve the quality of life for ODGJ, guarantee their rights as citizens, and ensure equal treatment in all aspects of life.
Implications of ROEs Legal Form on Company Management Hasan, Miftahol
Jurnal Hukum Indonesia Vol. 4 No. 2 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i2.1661

Abstract

This research examines the implications of the legal forms of Regional-Owned Enterprises (ROEs, known as BUMD or Badan Usaha Milik Daerah) on company management. In the Indonesian context, ROEs typically take the form of either Regional Companies (known as PD, or Perusahaan Daerah) or Limited Liability Companies (LLC, known as PT, or Perseroan Terbatas), which are regulated under Law No. 23 of 2014 and PP No. 54 of 2017. The legal form of an ROE significantly influences its organizational structure, operational efficiency, accountability, and sustainability. ROEs structured as LLCs tend to excel in management flexibility and access to funding, while PDs are more focused on delivering public services. However, both legal forms face distinct challenges, such as political interference in PDs and conflicts between commercial and social objectives in LLCs. This research recommends the implementation of Good Corporate Governance (GCG) principles to enhance the efficiency and accountability of ROEs. By understanding the implications of the legal form, local governments can better optimize the role of ROEs in supporting economic development and community services.
Effectiveness of Law Enforcement of Article 23 of Law No. 12 of 2022 on the Prohibition of the Implementation of Restorative Justice in Cases of Sexual Violence Domaking, Lusiana Dau; Subrakah, Ibnu; Ma'sumah, Mufidatul
Jurnal Hukum Indonesia Vol. 4 No. 3 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i3.1670

Abstract

This study analyzes the effectiveness of law enforcement against the prohibition on the application of restorative justice in cases of sexual violence as specified in Article 23 of Law No. 12 of 2022. This law prohibits the resolution of sexual violence cases through out-of-court channels for adult perpetrators, but practice in the field shows that the restorative justice mechanism is still often applied by law enforcement officers using the Chief of Police Regulation No. 8 of 2021 as the legal basis. The study was conducted at the Malang City Police and the Malang City Social Service P3AP2KB, which revealed obstacles such as social pressure, lack of public education, and the reluctance of victims to continue cases to the legal route. The results of the study show that the application of Article 23 has not been fully effective in protecting victims' rights and preventing re-victimization. This study recommends harmonization of regulations between Law No. 12 of 2022 concerning Criminal Acts and Perpol no. 8 of 2021, increasing public education, and strengthening legal and psychological assistance for victims.
Sociology of Law in Corruption Crimes: Case Studies in the Judicial Process in Indonesia Pratama, Sazia Aushar Chazradj; Usman, Sunyoto; Prasetyoningsih, Nanik
Jurnal Hukum Indonesia Vol. 4 No. 2 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i2.1679

Abstract

Corruption is one of the crucial problems in Indonesia, and it has not been addressed. Corruption occurs in almost all lines and structures of government, from the executive and legislative to judiciary, from government at the central to regional levels. This research aims to examine social sanctions' regulation in eradicating corruption in Indonesia from a sociological perspective. Methodologically, this research is library research conducted using a qualitative approach. After analyzing field data using the sociology of law and the sociology of corruption, this research found that eradicating corruption through establishing social sanctions from a sociological perspective means exile or castration. Social sanctions in this context mean maximizing social structures and community institutions to control, prevent and take action. Both prevention and action are direct, for example, making them street sweepers, or indirect, but provide a long-term deterrent effect, for example, marking their identity card (KTP) with writing or a corruptor's stamp, revoking their political rights so they can no longer hold public office.
Implementation of Regional Autonomy Law in Line with Local Culture Sinaga, Fredrico Markus Rotua; Damayanti, Ratih
Jurnal Hukum Indonesia Vol. 4 No. 2 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i2.1685

Abstract

The law of regional autonomy is a branch of law that regulates regional authority in managing its own government affairs based on the principle of decentralization. In the Indonesian constitutional system, regional autonomy aims to enhance government effectiveness, accelerate development, and provide quality services to the community by considering regional characteristics and needs. The main legal basis for regional autonomy in Indonesia is outlined in Articles 18, 18A, and 18B of the 1945 Constitution, as well as Law Number 23 of 2014 concerning Regional Government. Key concepts in regional autonomy law include the division of authority between central and regional governments, financial relationships between the two, and principles of supervision and accountability in local governance. However, regional autonomy faces challenges such as corruption at the regional level and imbalances in the implementation of central policies. Therefore, strengthening regulations and supervisory mechanisms is crucial to ensure that regional autonomy laws align with the principles of democracy, government effectiveness, and community welfare.
Consumer Protection Against Intense Pulse Light (IPL) Treatment by Doctors at The Kusuma Beauty Clinic in Banda Aceh Iswara, Mutiara; Sautunnida, Lia
Jurnal Hukum Indonesia Vol. 4 No. 3 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i3.1686

Abstract

Based on Article 4 Letter C of Law Number 8 of 1999 concerning Consumer Protection, consumers have the right to correct, transparent, and honest information regarding the conditions and guarantees of goods and/or services. Article 10, paragraph (3) of the Minister of Health Regulation Number 290 of 2008 concerning Approval of Medical Actions states that certain health workers can help provide explanations by their authority. However, the Kusuma Beauty Clinic doctors do not fulfill their obligations as specified in the health ministerial regulation above. This study aims to explain the implementation of Intense Pulse Light (IPL) treatment at Kusuma Beauty Clinic in Banda Aceh, the form of consumer protection against IPL treatment, and the responsibility of clinic managers for consumer losses due to IPL treatment. Empirical juridical research with qualitative analysis was used. The results show applicable regulations did not implement IPL treatment. Doctors do not provide clear explanations and informed consent to consumers. As a result, consumers suffer losses, and consumer rights are not fulfilled properly. Kusuma beauty clinic manager has offered recovery treatment. However, consumers refuse and desire money compensation worth IDR 1.651.116.800,- and the cost of psychological treatment for victims worth IDR 10.000.000.000,- as stated in decision Number 112/PDT/2023/PT BNA. Therefore, the clinic manager does not compensate the losses as consumers desire.
Conflict of Laws and Regulations with A Sociology Approach to Law Hernadi, Henry Sugiharto; Wulansari, Catharina Dewi
Jurnal Hukum Indonesia Vol. 4 No. 3 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i3.1697

Abstract

Legislation which is essentially a set of rules for the Law, which is basically a collection of rules to present an orderly legal and social order, in fact often creates an orderly legal system and society, but in reality often gives rise to conflicts, both internal conflicts between regulations and external conflicts that result in disputes, both between rules and between the government and society. The study of law from the perspective of legal sociology becomes a reasonable scientific instrument. The study of law from the perspective of sociology is a logical tool to dissect the phenomenon of legal problems that occur, this is because in understanding regulatory issues, it is important to see that the upstream and downstream of a regulation is society. Research showed that regulatory issues often arise conflicts in the practice of forming laws and regulations, because in the process of making laws often ignore the procedural due process of law and the substantive due process of law does not consider the correct legal process and the needs of the content of the law, one of the main points is that the widest possible public participation is needed. Where one of the important aspects is the need for community involvement in the rule-making process. As a result, some of the resulting regulations often cause conflicts. As a result, some of the regulations that are made often cause problems due to the incompatibility between the substance of the regulations and the circumstances and needs of the community due to the incompatibility between the content of the regulations and the reality and needs of the community.

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