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Albertus Drepane Soge
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Jurnal Hukum Caraka Justitia
Published by Universitas Proklamasi 45 Yogyakarta
ISSN : -     EISSN : 28083512     DOI : http://dx.doi.org/10.30588/jhcj.v3i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Caraka Justitia is a periodic scientific journal published by the Faculty of Law of Proclamation University 45 twice a year. This journal is intended to collect scientific writing, a summary of research results, book reviews, or fresh original ideas that are mainly related to the study of Legal Science. The editorial invites experts, practitioners, or anyone with great concern for the development of science in these areas to submit their works.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 85 Documents
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Tanggung Jawab dan Perlindungan Hukum Terhadap Kreditur dalam Kasus Wanprestasi Utang Piutang Tasya Djafar
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2250

Abstract

Defaults in debt and credit agreements not only have an impact on the legal relationship between debtors and creditors, but also pose challenges in the implementation of existing legal mechanisms, especially in the context of increasingly complex developments in financial technology. This research aims to comprehensively analyze the enforcement of the debtor's legal responsibility and the implementation of legal protection for creditors in legal practice in Indonesia. The method used is normative juridical with an analytical descriptive approach, through a study of laws and regulations, legal doctrines, and court decisions related to default on debt and credit. Data is obtained from literature studies and analyzed qualitatively to describe the application of legal norms and obstacles in enforcing debtor responsibility and creditor protection, especially through material security and its execution mechanism. The results show that the debtor's responsibility for default is regulated in the Civil Code and enforced through court decisions that require payment of debts and compensation. Creditor protection through mortgage and fiduciary rights provides a strong legal basis, but still faces technical and procedural obstacles. This research emphasizes the importance of improving dispute resolution and updating regulations that are adaptive to the development of financial technology to ensure legal certainty. It is also recommended that further research be conducted using an empirical approach to understand the dynamics of default and creditor protection in various economic sectors.
Analisis Sinergis Institusional dalam Penyidikan dan Penuntutan Perkara Koneksitas Sebagai Upaya Menjamin Kepastian Hukum Mulia Putri Mokodompis
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2261

Abstract

This research aims to analyze institutional synergies in the investigation and prosecution of connectivity cases and identify obstacles and strategies to strengthen coordination between law enforcement agencies to ensure legal certainty. The method used is normative juridical research with statutory, conceptual, and case study approaches. Data were collected through a document review of laws and regulations, as well as related literature, and observation and discussion of the practice of handling connectivity cases. Data analysis was carried out descriptively and qualitatively to describe the phenomenon of synergy and existing obstacles. The results showed that, despite the existence of a permanent investigation team mechanism and coordination efforts between institutions, synergy in the investigation and prosecution of connectivity cases was still hindered by sectoral egos, procedural differences, and inadequate regulations. Structured and sustainable synergy is needed to avoid overlapping authority, accelerate the legal process, and provide legal certainty for all parties. The implications of this research emphasize the importance of improving regulations, increasing the capacity of human resources, and developing coordination mechanisms and integrated information systems as strategic steps to strengthen institutional synergies in handling connectivity cases in Indonesia.
Analisis Yuridis Terhadap Penyelesaian Kasus Aborsi yang Dilakukan Anak di Bawah Umur Bayu Rosa Ramdhani Pasya
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2264

Abstract

The phenomenon of abortion carried out by minors has become a crucial issue in the realm of law and child protection in Indonesia. This problem often arises due to unwanted pregnancies, frequently rooted in sexual violence or a lack of understanding regarding reproductive health. This study aims to analyze the legal resolution of abortion cases committed by minors from a juridical perspective, both in Indonesian positive criminal law and Islamic criminal law. The research uses a normative juridical approach by analyzing laws and regulations, jurisprudence, and relevant literature. The findings reveal that although Indonesian law criminalizes abortion, certain exceptions are allowed, such as in cases of rape that endanger the physical and mental health of the victim. On the other hand, Islamic criminal law provides sanctions based on the gestational age and the reason for the abortion. In practice, case resolution tends to consider the offender's age, psychological condition, and coercive elements. This study recommends the need for a restorative approach that prioritizes child protection, rehabilitation, and sexual education as preventive efforts.
Tugas dan Wewenang Badan Kepegawaian Pendidikan dan Pelatihan dalam Menjamin Netralitas ASN pada Pemilihan Kepala Daerah Kota Kupang 2024 Jitro Seprianus Faot
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2326

Abstract

This study analyzes the role of the Regional Civil Service, Education and Training Agency (BKPPD) of Kupang City in ensuring the neutrality of the State Civil Apparatus (ASN) during the 2024 Regional Head Election (Pilkada). The method used is an empirical juridical approach through case studies and interviews with relevant stakeholders. The findings show that BKPPD plays a crucial role in disseminating regulations, monitoring ASN activities, and handling violations of neutrality. Legal violations by ASN often include direct or indirect support for regional head candidates, which clearly contradicts Law No. 5 of 2014, Law No. 20 of 2023, and Government Regulation No. 94 of 2021 on Civil Servant Discipline. Legal sanctions that may be imposed include written warnings, moderate to severe disciplinary punishment, and even dismissal from office. Although the legal framework exists, challenges such as limited understanding of legal norms among ASN and political pressure from local actors remain significant obstacles. Law enforcement is often ineffective due to limited resources and weak reporting mechanisms. Therefore, a more operational legal foundation and continuous legal education are needed to raise ASN's legal awareness. Synergy between BKPPD, Bawaslu, and the Civil Service Commission (KASN) is also essential to strengthen oversight and sanctions. This study offers strategic recommendations to ensure that the principle of ASN neutrality is implemented consistently and in accordance with the rule of law.
Tinjauan Hukum Terhadap Perlindungan Hak Pemilik Kendaraan dalam Kasus Penggelapan oleh Penyewa Hendra Dwi Kurnia; Retno Dewi Pulung Sari
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2357

Abstract

The increasing incidence of vehicle embezzlement in Indonesia, particularly in rental car businesses, highlights legal gaps in protecting owners against misuse by renters. This study aims to examine the legal framework and available protection mechanisms for vehicle owners when renters commit embezzlement after legally acquiring vehicles through rental agreements. Using a normative juridical method with statutory and conceptual approaches, the research analyzes provisions under Indonesian criminal law (KUHP), civil law (KUHPerdata), and procedural law (KUHAP). The findings indicate that such cases fulfill the elements of embezzlement as defined in Article 372 of the Criminal Code and often overlap with civil breaches, such as default or unlawful acts. It was also found that weak contract structures and the lack of clear legal clauses make law enforcement and recovery of losses more difficult. The study emphasizes that written agreements, with explicit terms and legal sanctions, are crucial to strengthen the owner's legal position. The implication of this research is the need for preventive legal awareness and stronger contractual practices among vehicle owners, as well as coordinated law enforcement responses to ensure justice and legal certainty in rental-related embezzlement cases.
Kesetaraan Pasien Peserta BPJS dan Non-BPJS dalam Memperoleh Pelayanan Kesehatan di Rumah Sakit Andryawan; Aryanti Agripina Winata; Kearen Elvira Naftali; Marcia Gladys Rumambi; Allaysha Adindaputri Kirani
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2468

Abstract

Since 2014, the government has been implementing the JKN BPJS program to meet the basic health needs of the poor. However, there are still disparities in service between BPJS and non-BPJS patients, such as complicated processes, limited facilities, restrictions on hospitalization, and discriminatory treatment by medical personnel. The main focus of this study is on the supervision carried out by the government to ensure equality in medical services. This study is a normative legal analysis based on secondary data obtained from literature reviews, employing a statutory and conceptual approach. The results of the study show that although the government has carried out its supervisory duties, the implementation is still not optimal, and the suboptimal supervision by relevant institutions (BPJS Supervisory Board, DJSN, and BPRS) has caused inequality in medical services. Even new policies such as the Standard Inpatient Class (KRIS), which aims to eliminate disparities, have not been optimally implemented. Based on the study's results, it was concluded that fairness in services is necessary to ensure equal treatment and access for all patients, without discrimination. Therefore, it is recommended that the government and supervisory agencies consistently enhance the effectiveness of supervision and provide training and guidance to medical personnel to ensure fair services are provided without discrimination based on insurance status.
Aspek Yuridis Hak Atas Tanah di Atas Laut Menurut Undang-Undang Pokok Agraria Shafa Naura Rahmanissa; Indra Yuliawan; Arista Chandra Irawati
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2483

Abstract

Among the types of land rights are Ownership Rights and Building Use Rights. Naturally, the object of these rights is a parcel of land. However, in the Bhumi application owned by ATR/BPN, there have been findings of Ownership Rights and Building Use Rights certificates in the water areas of Sidoarjo and Tangerang. This discovery raises questions about how land rights objects can be used for objects above the seawaters in Indonesia. According to Law Number 5 of 1960 concerning Basic Agrarian Principles, land rights certificates are used for the earth's surface, subsurface, and water above and within the earth, as well as the space above the earth’s surface with applicable legal provisions. If the land contains natural resources within the territory of the Indonesian state, there are specific regulations that govern it. This study aims to analyze the validity of the issuance of certificates as proof of land rights used for objects in water areas. Harmonization of each regulation is also needed to prevent overlaps between higher and lower regulations, as outlined in the hierarchy of laws. Therefore, issuing land rights certificates for management rights over water areas is illegal. The method employed in this research is a normative-empirical approach, examining existing legal bases and regulations and comparing them with empirical implementations in reality.
Legal and Cultural Implications of Personal Data Protection in the Era of Global Digital Society Mustafa; Slamet Sarwo Edy
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2496

Abstract

The Indonesian government must safeguard, guarantee, and protect people's personal data from being hacked by irresponsible parties. This research examines laws regarding legal protection efforts for the right to personal data privacy from hacking crimes. However, this is not enough to guarantee protection against hacking of people's personal data in cyberspace, which is increasingly common nowadays, very broad, covering analysis of legal frameworks, comparison of international regulations, socio-cultural impacts, and challenges of cross-border implementation. The results of the research conclude that law enforcement regarding the protection of the right to privacy of personal data is not yet fully optimal, judging from the number of cases that have occurred recently. The legal pillars already exist, and our collective hope is that law enforcement can be carried out optimally, so that there are no more cases of hacking into someone's data, which could cause losses in the future. Apart from that, there is legal uncertainty regarding the protection of personal data, because Indonesia currently does not have legal instruments and technology that can detect data theft in the digital era. The author's view is that legal instruments for protecting privacy and personal data in the era of global digitalization must at least meet 3 criteria: (1) protecting privacy and personal data as a human right, (2) it is an element that binds individuals and society in all fields, including law, economics, and politics. and (3) international in nature.
Implementasi Maqashid Syariah dalam Regulasi Fintech Syariah: Analisis Yuridis-Normatif Terhadap Perlindungan Konsumen di Indonesia Maryani; Ahmadi; Munawar Zulfikar; Sisliandri; Muhammad Ridho Saputro
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2502

Abstract

The rapid growth of Islamic financial technology (Syariah fintech) in Indonesia presents unique challenges in striking a balance between Sharia compliance and consumer protection mechanisms. Although regulatory frameworks from the OJK and DSN-MUI are in place, significant gaps remain in the implementation of maqashid Syariah principles within fintech operations. This study examines the extent to which Indonesia’s Syariah fintech regulations incorporate maqashid sharia principles for consumer protection, identifies regulatory gaps, and proposes a comprehensive framework for addressing these gaps. Using a juridical-normative approach, the research analyzes primary legal sources, including Law No. 21/2008, OJK Regulation No. 77/2016, and DSN-MUI Fatwas, as well as secondary sources from Scopus- and SINTA-indexed journals. The findings reveal three critical gaps: inadequate operationalization of the maslahah principle in algorithmic decision-making, limited protection against predatory lending practices, and insufficient Syariah-specific complaint mechanisms. Effective consumer protection in Syariah fintech requires regulatory reforms that embed maqashid sharia principles into licensing requirements, operational standards, and dispute resolution mechanisms through a three-tiered regulatory framework.
Perlindungan Konsumen Terhadap Kerugian Akibat Cacat Produk dan Tanggung Jawab Pelaku Usaha Cecep Tedy Siswanto; Lucia Setyawahyuningtyas
Jurnal Hukum Caraka Justitia Vol. 6 No. 1 (2026)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v6i1.2585

Abstract

The increasing complexity of products on the market has implications for the potential for consumers to suffer losses due to product defects, particularly in situations where there is an imbalance in the legal relationship between consumers and businesses. This study examines the forms of legal protection available to consumers who suffer losses due to product defects, analyzes the concept and limitations of business liability, and assesses the relevance and effectiveness of applicable legal regulations. This study is a normative legal study with a legislative and conceptual approach in the field of civil law and consumer protection law. The results of the study show that normatively, the Civil Code and Law Number 8 of 1999 have provided sufficient protection through mechanisms of default, unlawful acts, and specific regulations regarding the obligations of business actors. However, the effectiveness of this protection is still hampered by the practice of standard clauses, limitations on compensation, the complexity of the distribution chain, and the weak enforcement of dispute resolution decisions. This study emphasizes the importance of strengthening the implementation and enforcement of the law to ensure that consumer protection against losses due to product defects is realized effectively and fairly.

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