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Andri Winjaya
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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 11 Documents
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Search results for , issue "Vol 41, No 1 (2025): Jurnal Hukum" : 11 Documents clear
The Conserving Agrarian Land for Future Generations: A Policy Blueprint for Indonesia Mashdurohatun, Anis; Hayati, Muslimah; Silitonga, Saritua; Arifin, Zaenal; Amanda, Amanda
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.1-18

Abstract

This study examines the current laws and regulations on land conversion that have not been able to uphold ecological justice, challenges in the prevailing laws and regulations; and the reconstruction of these laws and regulations to comply with the values of ecological justice. This research aims to improve the protection of sustainable food agricultural land for future generations. This study used a normative legal method. The results of the study indicate that the Indonesian regulatory framework has not been able to achieve ecological justice due to competing demands between agrarian and non-agricultural land use. The government's regulatory authority derived from the 1945 Constitution often prioritizes economic goals over ecological justice, so that land protection policies are inadequate. This study concludes with a proposal to reconstruct the regulatory framework to comply with the principle of ecological justice, by proposing specific changes to Articles 2, 23, 39, 42, and 70 of Law No. 41 of 2009, Article 103 of PP No. 26 of 2021, and Article 44 of Law No. 41 of 2009 as amended by the Job Creation Law No. 6 of 2023. This study recommends integrating ecological justice into the legal framework, enhancing provisions to mandate local government participation, and strengthening governance and law enforcement in conserving agrarian land. 
The Consumer Protection in The Balance of Business Actors and Consumers: A Paradigm of Justice Nofrial, Ramon; Abood, Talib Adnan; Shihab, Haider Ahmed; Susilo, Adhi Budi
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

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Abstract

Consumer protection is a basic need because consumers are in a weaker position compared to business actors, who often pursue profits with business practices that can be detrimental. The aim of this research is to examine consumer protection in realizing a welfare state based on Pancasila, analyze the legal protection against the use of standard clauses, and formulate a legal reconstruction of consumer protection regarding the enforcement of administrative and criminal law in resolving consumer disputes. This research uses a socio-legal research approach. The results of this research are that reconstruction of legal protection for consumers is needed to prevent counterclaims against consumers who report violations. Thus, it is proposed that there be provisions for legal immunity for reporting consumers so that they cannot be prosecuted criminally or civilly before it is proven that the business actor is innocent. The formulation of criminal sanctions in the Consumer Protection Law also needs to be reconstructed so that it is in accordance with the legal system in force in Indonesia. Additional criminal sanctions such as revocation of business permits should not be the authority of criminal courts, but should be part of administrative authority.
The Challenges of Sharia Fintech Regulation in Indonesia: A Global Comparative Analysis Durianto, Darmadi; Hasana, Dahniarti; Fareha, Nur; Maharani, Dewi Nadya
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.19-30

Abstract

The purpose of this study is to analyze Sharia-compliant fintech regulations in both countries and provide recommendations to strengthen their regulatory frameworks. Financial technology (fintech) has transformed the global financial industry landscape by introducing innovations that accelerate access to financial services. Sharia-compliant fintech, as part of this development, plays a critical role in providing financial services that comply with Sharia principles, such as the prohibition of riba, gharar, and maysir. The study found that Sharia-compliant fintech regulations in several countries, such as Indonesia and Bangladesh, are still in their infancy. Existing regulations are often not fully aligned with the needs of Sharia-compliant fintech, highlighting the need for a more comprehensive and inclusive regulatory approach. In Indonesia, the Financial Services Authority and Bank Indonesia have issued several policies to support fintech development, but there is still no specific regulation for Sharia-compliant fintech. In Bangladesh, the development of Sharia-compliant fintech is supported by Islamic banking initiatives, although a more mature regulatory framework is still needed. By adopting best practices from countries such as Malaysia, which have developed more advanced regulations for Sharia-compliant fintech, both countries can increase financial inclusion and create a more sustainable fintech ecosystem.
Implementation of Sanctions for Violations of Coral Reef on Protection Laws Arya, Surandi Woong; Markus, Dwi Pratiwi; Ali, Muhammad
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.31-54

Abstract

This study aims to analyze law enforcement against coral reef destruction in the waters of Raja Ampat Regency, with a focus on improving the quality of law enforcement resources, especially the Water Police Unit. The approaches used include normative legal and empirical legal approaches with descriptive-analytical methods. The research data consists of primary data obtained through interviews and secondary data from literature reviews and documentation. The results of the study show that legal norms related to coral reef protection have strict sanctions for violations. Law enforcement efforts are carried out through supervision, application of sanctions, and socialization to the community regarding the impact of destroying marine ecosystems as a criminal act. This study highlights the importance of the active role of all elements of society, including parents, in supporting the development of public security and order. This study uses a collaborative approach between law enforcement officers and the community to create legal awareness and improve the effectiveness of marine ecosystem protection in the waters of Raja Ampat. This approach strengthens the role of local culture as a means of education and supervision, creating a more adaptive and sustainable law enforcement model.
The Concept of Criminal Justice For Drug Abuse: A Legal Approach Dahlan, Dahlan; Ahmed, Zahoor; Saraya, Sitta
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.55-72

Abstract

The narcotics law is implemented on the basis of justice. However, its enforcement does not reflect a sense of justice because there is no classification of drug abusers. This study aims to analyze the criminal law policy on drug crimes and analyze the reconstruction of the law in the application of criminal sanctions for drug abusers for themselves based on the value of justice. This study used a normative legal method. The application of criminal sanctions for drug users in judicial practice is often inconsistent and does not reflect justice, especially due to differences in judges' interpretations and the absence of recognition of attempted drug use in drug legislation which causes injustice for individuals who have not consumed but are subject to articles with heavier penalties. The implementation of the drug criminal law policy still faces ambiguity in distinguishing between addicts, abusers, and victims. This legal uncertainty often results in drug abusers being charged with articles that are heavier than dealers, thus causing injustice that worsens their condition and burdens correctional institutions. A fairer legal reconstruction is needed to clearly distinguish between users and dealers and prioritize rehabilitation rather than punishment for drug abusers themselves.
The Friction in Evidence Law: Criticism on Evidence of Negative Wettelijk Bewijstheorie in Tax Crimes Djatmiko, M Hary; Rahayu, Mira Sri; Lateef, Owoade Abdul
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.92-110

Abstract

Enforcement of criminal tax law is still a complex problem with the application of the theory of positive legal evidence replacing the theory of negative legal evidence, prioritizing formal evidence over court decisions. This study aims to analyze criticism of the application of evidentiary law in the due process of law of tax crimes and describe the shift in the application of the negative legal evidence theory. This study uses a normative juridical method. The application of negative legal evidence in criminal decisions has been criticized for its strict assessment of evidence, the inability of the Tax Court to handle criminal tax cases even though the taxation contains criminal elements, and the judge's dependence on legally valid evidence based on personal beliefs. The assessment of evidence primarily functions as formal evidence or authentic evidence, with witness statements serving as supporting evidence to confirm fraudulent transactions. The novelty of this analysis lies in its critical examination of the negative legal theory, arguing that in cases of tax crimes, formal documentary evidence has greater evidentiary value, thus leading to the dominance of the positive legal theory in legal reasoning.
The Controversy on Transfer of Absolute Competency of the State Administrative Courts in Government Administrative Law Wahyunadi, Yodi Martono; Jansen, Bart; Hadiyanto, Alwan
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.111-132

Abstract

The absolute competence of the State Administrative Court is to adjudicate objects of state administrative disputes in the form of State Administrative Decisions. This study aims to analyze the transitional provisions in government administration regulations and analyze the absolute competence of state administrative courts. This study is a normative legal study. The results of this study state that the transitional provisions in the Government Administration regulations in particular have changed the meaning of State Administrative Decisions in a veiled manner, which is contrary to the principle of forming laws and regulations. The absolute competence of the State Administrative Court has been expanded to include testing for abuse of authority, state administrative actions, and the concept of positive fictitious decisions, namely considering a request to be granted if the authorized official does not issue a decision within a certain time limit. In order to fulfill the principle of legal certainty and regulatory hierarchy, changes to State Administrative Decisions should be made through changes to the State Administrative Court Law, not through transitional provisions in the State Administrative Law.
The Narrating Ontology Morality of Corruption Law in Indonesia Based on Islamic Value Sunaryo, Sidik; Purnamawati, Shinta Ayu; Jihadi, Muhammad; Al-Fatih, Sholahuddin
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.133-156

Abstract

This article aimed to explain the ontology morality of corruption law in Indonesia from an Islamic value. The meaning of justice in the study of law contains the value of goodness and truth. The value of goodness has a home in the realm of 'taste,' which provides a foundation and direction towards the spirit of conscience. Philosophically, it must be done fundamentally, deeply, and thoroughly to the meanings of god's attributes in essence (ontology). The philosophical approach is one of the options for this article, besides the concept approach and doctrine (epistemology). Although realized, there is a firm limit to rational ability in providing the meanings of justice, certainty, and usefulness of the law. Limited ability shows 'dwarfity' and rational superiority under 'breadth' divine values and attributes. The ontology of legal morality in a country can be explored from its ideology, which is the source of basic values that guide the direction of the purpose of the establishment of a country. The constitution became a method to justify the realization of one's country's purpose. State ideology became the rail of formation, change, revocation, and enforcement of its laws. As a result, the goal of this analysis is to show how these religious beliefs strengthen legal frameworks, ensuring that corruption is viewed not only as a legal infringement but also as a serious moral breach that undermines society's well-being. To summarize, integrating Islamic moral concepts with corruption law increases the ethical foundations of legal systems, fostering both legal deterrence and moral accountability in governance.
Legal Protection for Children in Conflict with the Law: Policy Evaluation and Reform Recommendations Setyawan, Gidion Arif; Wijaya, Andy Fefta; Hermawan, Hermawan; Yurizal, Yurizal
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.157-172

Abstract

The protection of children in conflict with the law represent one of the primary challenges within the Indonesian legal system, particularly in Jakarta Province. This study aims to analyze the juridical implementation of protections for children involved in legal processes, focusing on existing regulations and policies in Jakarta. Employing a socio-legal and qualitative approach, the study relies on interviews with relevant stakeholders and case studies of child protection policies at the local level. The findings reveal that despite the implementation of various regulations to safeguard children's rights, juridical execution faces several obstacles, including limited resources, inconsistencies in law application, and inadequate inter-agency coordination. The study underscores the necessity to enhance policies and strengthen institutional capacity to bolster legal protections for children in conflict with the law in Indonesia. Thus, these findings contribute to advancing a more effective child protection system aligned with human rights principles.
Judicial Power and Judges’ Status in Indonesia’s Constitutional Framework Kadir, Adies; Gunarto, Gunarto; Suwarno, Suwarno; Kabir, Md Adnan
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.195-215

Abstract

This study aims to analyze and formulate the ideal concept of regulating the position of judges as State Officials from the perspective of ius constituendum, by considering the principle of the rule of law adopted by Indonesia. In the Indonesian constitutional system, Article 24 of the 1945 Constitution affirms the judicial power that is independent and free from interference by other powers. However, reality shows that the dualism of the judge's status—as a civil servant and state official—causes ambiguity in the personnel system, administration, and judicial independence. This study uses a normative approach with a qualitative legal analysis method, supported by a philosophical and legislative approach. The results of the study show that the status of judges should be consistently recognized as State Officials to strengthen independence, professionalism, and integrity in carrying out judicial functions. Philosophically, the independence of judges reflects the noble values of Pancasila and the principle of Belief in the One Almighty God, as contained in the court rulings. Therefore, it is necessary to formulate new regulations that eliminate dualism of status and ensure institutional protection for judges. It is hoped that this conceptual reformulation can become the basis for the formation of legislation that is fairer, more progressive and in accordance with the ideals of Indonesian law.

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