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Andri Winjaya
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jurnalhukumunissula@gmail.com
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INDONESIA
JURNAL HUKUM
Published by Universitas Islam Sultan Agung
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Search results for , issue "Vol 40, No 2 (2024): Jurnal Hukum" : 20 Documents clear
Legal Uncertainty Regarding the Status of Children Born Out of Wedlock in the Perspective of Hifdzu al-Nasl Husien, Syarief
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.63-74

Abstract

The concept of hifzu al-nasl in maqasid sharia emphasizes the importance of protecting one's nasab, providing legal protection, and fulfilling children's rights to achieve a prosperous life in this world and the hereafter. The aim of the resulting research is to analyze the concept of hifdzu al-nasl in maqasid as-syariah in legal certainty regarding the status of children outside of marriage. This research uses a doctrinal research approach. In the context of hifzu al-nasl, the principles of maqasid as-syariah emphasize the need to protect the nasab, uphold the rights of children, and guarantee the welfare of descendants to achieve justice in this world and the hereafter. The novelty of this research highlights the importance of an integrative approach between positive law and Islamic law to overcome legal uncertainty surrounding illegitimate children, as well as expanding the meaning of hifzu al-nasl by including recognition of children's rights without linking them directly to biological birth.
The Injustice of Criminal Guidelines in the Act of Corruption Crime Margono, Margono; Bawono, Bambang Tri; Prayitno, Ahmad Hadi; Rimbawan, Andhika Yuli; Laksana, Andri Winjaya
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.359-374

Abstract

Corruption is an extraordinary crime that can damage the joints of the life of the nation and state. Corruption can cause various negative impacts, such as: reducing state revenues from the tax sector, reducing government spending in the education sector, resulting in low-quality infrastructure being built, slowing economic growth, causing government instability. The aims of this study is to find out about the injustice in the regulation of criminal guidelines for corruption crimes which makes the enforcement of corruption laws less strict in their punishment. The research method used normative juridical. The results of the study state that the Criminal Guidelines for Articles 2 and 3 of the Corruption Eradication Law in order to better cover other articles of corruption crimes and must change the criminal guidelines for very large losses must consider implementing maximum punishment in accordance with the criminal guidelines, the novelty produced for the criminal guidelines for corruption crimes must be regulated regarding the highest loss value must be adjusted to the heaviest punishment in accordance with the criminal guidelines in the Criminal Code.
Legal Implications of the Articles of Association in Foundation Governance Putra, Tria Sasangka; Akbar, Bahrullah
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.278-290

Abstract

Foundations play a significant role in supporting social missions, and understanding their legal obligations, as stated in the Articles of Association, is essential to ensuring their sustainability. This research examines the legal framework governing foundations in Indonesia, specifically focusing on Law Number 28 of 2004, which outlines the requirements for foundation establishment and operation. The study uses a qualitative, normative juridical approach to analyze the legal implications of mismanagement in foundation operations that deviate from the Articles of Association. The research highlights how non-compliance with these guidelines—especially the Articles of Association—along with the failure to submit financial reports and adhere to governance standards, can lead to serious legal and socio-economic consequences. The findings emphasize that mismanagement can damage a foundation’s credibility, cause internal conflicts, and result in legal claims from stakeholders. The study also explores the importance of effective government oversight, particularly by the Ministry of Law, in ensuring foundations comply with legal regulations. To address violations, the research suggests several approaches, including internal resolutions, legal reporting, and stronger supervision. Its further advocates for increased legal awareness and training for foundation managers to prevent violations and safeguard the foundation's integrity.
Land Acquisition for Public Interest: Balancing State Control and Individual Property Rights Tehupeiory, Aarce; Suwarno, Suwarno; Jahan, Ramisa; Islam, Mohit
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.174-191

Abstract

Land acquisition is essential for public development, but it often causes disputes over land rights and compensation when governments acquire land for economic and infrastructural projects. This research aims to address the challenges in land acquisition, particularly focusing on the shift from land “management” to land “ownership” in for public interest. The study seeks to highlight issues related to coercion, inadequate compensation, and the lack of proper consideration for individual landowners during the acquisition process. This study employs doctrinal research, using a combination of the statutory approach to analyze the balance between the State's control and individual property rights in land acquisition. The study finds that while land acquisition is legally grounded in principles of land control and protection for landholders, its implementation often fails to respect the rights of individual landowners. Issues of coercion and inadequate compensation persist, and the shift from land management to ownership in development activities exacerbates these problems. Simplifying the land acquisition bureaucracy while maintaining respect for land rights, fairness, and caution is essential for a more just and efficient process, aligning with principles of justice and proper compensation.
The Urgency of Restorative Justice in Renewing Criminal Law Flora, Henny Saida; Gultom, Maidin; Samosir, Parulian; Khomaini, Khomaini; Sobirov, Bobur
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.75-87

Abstract

This change in the concept of punishment is partly due to the consequences of imprisonment having greater negative effects and not proving its success in reducing crime rates. The purpose of this writing is to analyze the retributive justice paradigm in current criminal law enforcement, and to analyze the urgency of restorative justice in criminal law reform in Indonesia. The research uses a normative juridical approach and the specifications of this research use descriptive analysis methods. The results of this research are that the punishment system through imprisonment makes a prisoner isolated from society and family, so that psychologically the prisoner can experience stress and decline in mental health. The concept of restorative justice offers a recovery process that involves the perpetrator and victim or the victim's family directly in solving the problem. The application of restorative justice returns the conflict to the parties in order to emphasize human rights and the need to restore the impact of social injustice in a simple way, still providing the perpetrators with justice rather than formal (legal) justice where victims do not get justice. Restorative justice also seeks to restore security, personal respect and dignity to the victim.
Criminological Perspective in Crime Prevention of Land Grabbing Girsang, Junimart; Gunarto, Gunarto; Amin, Al
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.291-306

Abstract

Land grabbing, a pervasive issue with significant social, economic, and environmental consequences, is often rooted in unlawful land appropriation, highlighting the need for effective legal reforms and policy implementation. This study explores the issue of land grabbing in Indonesia from a criminological perspective, focusing on the intersection of criminal law enforcement and social policy. The research aims to analyze the causes, effects, and potential solutions to land grabbing, with a particular emphasis on social defense and justice. Using a normative juridical approach, the study examines relevant legal norms, regulations, and frameworks, which address land grabbing and its law enforcement. Findings suggest that a comprehensive approach involving legal enforcement, public education, improved land administration, and active community participation is essential to reduce land grabbing. The study concludes that a balanced integration of legal measures and social interventions is necessary to protect property rights, promote justice, and create a fairer and more stable environment for land ownership in Indonesia.
Legal Policy Against People Smuggling as a Crime of Trafficking in Persons with a Transnational Dimension Zulyadi, Rizkan; Pinem, Serimin; Lubis, Andi Hakim; Dhaneswara, Nindya
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.192-213

Abstract

This research investigates Indonesia’s legal framework for addressing human smuggling, focusing on the integration of penal policies targeting its root causes and evaluating the impact of international collaborations in law enforcement. Despite existing literature on human smuggling, critical gaps remain, particularly in understanding the role of criminal policy as part of social policy and the practical effects of international cooperation. The study aims to answer two primary questions: the role of criminal policy in addressing human smuggling crimes in Indonesia and the non-penal policies Indonesia has implemented to combat human smuggling. This research adopts a normative legal methodology, analyzing Indonesia’s Criminal Code, the Eradication of Trafficking in Persons Law, the Suppression of Migrant Smuggling Law, and relevant international frameworks like the Bali Process. The study reveals that an effective approach to combating human smuggling requires a balance of penal and non-penal measures, strong adherence to territorial sovereignty, and enhanced international cooperation. It finds that while penal policies act as deterrents, non-penal strategies, such as victim protection and public awareness campaigns, are equally crucial. Additionally, the study highlights the importance of regional and international collaborations in strengthening law enforcement, emphasizing the need for specialized legal framework to address human smuggling.
Ensuring Land Status Security to Accelerate the Rejuvenation of Small-Scale Oil Palm Plantations in Indonesia Panjaitan, Mutiara; Sardjono, Agus; Nursadi, Harsanto
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.88-109

Abstract

This study examines the role of land status in accelerating the Small-scale Palm Oil Rejuvenation (Peremajaan Sawit Rakyat or PSR) program in Indonesia, particularly in light of the Job Creation Law and its derivative regulations. The research aims to evaluate the effectiveness of these legal provisions in addressing challenges within the palm oil sector, especially for small farmers, by ensuring land status certainty. A normative legal research approach, utilizing NVivo 12 Plus software for data analysis, was employed to analyze secondary data from regulations, journal articles, government reports, and online media. The study finds that resolving land status issues is crucial for the effective implementation of the PSR program, highlighting the need for improvements in geospatial data support, synchronization of statutory regulations, and coordination among ministries and local governments. The results emphasize the importance of continuous policy review and legal adjustments to overcome the complexities of land tenure in the palm oil industry. This research provides practical insights for stakeholders to reform land policies and enhance the implementation of the PSR program, ultimately contributing to the growth and sustainability of smallholder palm oil plantations in Indonesia.
Analyzing Embezzlement in Office in Indonesian Law: Legal Responsibility, Moral Implications, and Recommendations for Reform Yanto, Yanto; Suparmin, Akhmad
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.1-16

Abstract

This research explores the issue of embezzlement in office settings within Indonesian law, particularly focusing on the moral and trust aspects of this crime. The main aim is to analyze the legal responsibility of embezzlers under current Indonesian laws, including the Indonesian Penal Code, and to suggest improvements for future regulations. The study employs a normative research method, examining existing laws through their hierarchy and how they relate to one another. The findings indicate that a perpetrator's intent and mental state are crucial in determining responsibility for embezzlement. The upcoming revisions to the Criminal Code aim to set clear goals for punishment, including preventing future crimes, protecting social norms, and treating convicts humanely. This aligns with Article 372 to Article 376 of the Penal Code, which address theft and embezzlement, emphasizing accountability without degrading human dignity. In conclusion, the research recommends that Indonesian laws regarding embezzlement should include provisions for restitution, encouraging offenders to return stolen funds to the victims. This approach not only promotes accountability but also helps rebuild trust within society. The implications suggest that a balanced legal framework, with punitive measures, could deter future embezzlement and strengthen public confidence in institutions.
The Legal Security in Electronic Transactions to Protect Freedom of Speech: The Concept of Forming Legislation on Electronic Transactions Junaidi, Muhammad; Widodo, Hendro; Osman, Ahmed Kheir
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.307-321

Abstract

The main objective of this study is to conduct a comprehensive study of the rules in criminalization which is one of the last alternatives in the law enforcement process. The Law on the Formation of Legislation in Indonesia provides Limitations of norms for violations of each legal norm formed does not violate human rights. The method used in this study was a sociological legal approach. The results of the study indicate that the norms contained in the Electronic Transaction Law in Indonesia should be a tool for law enforcers to carry out social engineering which is not a means to legalize the interests of power in Indonesia. This finding highlights the need to change the law as a constructive social engineering tool, and not as a mechanism to serve personal interests. Strengthening general provisions and clarifying norms is essential to prevent and prioritize the protection of freedoms interpreted as fundamental human rights. This study underlines the importance of aligning law enforcement with democratic values in the digital era.

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