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Contact Name
Andri Winjaya
Contact Email
jurnalhukumunissula@gmail.com
Phone
+6281325035773
Journal Mail Official
jurnalhukumunissula@gmail.com
Editorial Address
Jalan Kaligawe Raya KM.4, Terboyo Kulon, Genuk, Semarang, Central Java, Indonesia, 50112
Location
Kota semarang,
Jawa tengah
INDONESIA
JURNAL HUKUM
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
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 14 Documents
Search results for , issue "Vol 41, No 2 (2025): Jurnal Hukum" : 14 Documents clear
Impact of Rehabilitation Programs in Indonesian Correctional Institutions on Reducing Recidivism Rates Enggarsasi, Umi; Sa’diyah, Nur Khalimatus
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.411-433

Abstract

The high rate of recidivism in Indonesia presents a significant challenge to the effectiveness of the national correctional system. This study aims to examine the impact of prisoner development programs on reducing recidivism. These programs encompass personality development, job skills training, and both formal and non-formal education, which are designed to rehabilitate inmates and support their reintegration into society. Using a normative juridical method, this study applies legislative and conceptual approaches to analyze the legal framework and practical implementation of correctional guidance. The findings reveal that the success of these programs largely depends on the quality of implementation, inmate engagement, and the availability of post-release support systems. Nevertheless, structural issues such as overcrowding, limited budgets, inadequate facilities, and a shortage of qualified professionals hinder the effectiveness of rehabilitation efforts. The study recommends increasing government funding, aligning training with labor market needs, and strengthening post-release assistance. These reforms are essential for enhancing the rehabilitative function of correctional institutions and reducing the likelihood of repeat offenses.
Analysis of Legal Instruments and Policy Implementation for Improving Regional Asset Management in Riau Province Syafutra, Roby; Akbar, Bahrullah; Suprajogo, Tjahjo; Wangsih, Wangsih
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.296-320

Abstract

This study aims to comprehensively identify the main problems in the implementation of regional asset management in Riau Province, investigate their root causes, and propose policy strategies to align practice with applicable legal provisions. To pursue these aims, this research utilizes an empirical legal approach combined with a descriptive qualitative method. The empirical legal approach allows the researchers to observe and interpret how laws and regulations, particularly Government Regulation Number 27 of 2014, Minister of Home Affairs Regulation Number 47 of 2021, and related regulations, are implemented in practice. The study was conducted in three stages: first, analyzing the BMD management cycle; second, identifying key issues through Pareto analysis; and third, employing SWOT analysis to assess internal and external factors affecting implementation. The main data were collected from observation, document review, and in-depth interviews with heads of regional apparatus organizations. The results show persistent problems at all stages of asset management, from planning, administration, utilization, and supervision, due to weak legal compliance, poor IT infrastructure, incomplete ownership documents, and a shortage of human resources and training. To address these issues, strengthening regulations, optimizing information systems, and developing policy strategies are recommended to enable more effective, efficient, and accountable Regional Asset management in Riau Province.
Implementation of Policy for Islamic State Vocational School: A Legal Perspective on Challenges and Development Musad, Fesal; Achmad, Mansyur; Rizari, Rizari
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.434-460

Abstract

This research focuses on the implementation of policy for organizing Madrasah Aliyah Kejuruan Negeri (MAKN) under the Ministry of Religious Affairs of the Republic of Indonesia, particularly at MAKN 02 in Ende from 2021 to 2024. The main goals of this study were to analyze the implementation of policy for organizing MAKN, identify obstacles in policy implementation, and develop a policy implementation model that can help improve vocational education delivery in the future. This study used a qualitative descriptive field approach, employing a single instrumental case study. Primary data were collected through in-depth interviews and non-participant observation, while secondary data were taken from documents and regulations. The study applied Edwards III’s framework, focusing on dimensions of communication, resources, implementer attitude, and bureaucratic structure, and was enriched by adding policy feasibility to produce a more applicable policy implementation model. The results show that policy implementation at MAKN in Ende has not yet been fully effective due to limited resources, policy inconsistency, and a weak bureaucratic structure. The policy implementation model, which comprises policy feasibility, communication, resources, bureaucracy, and implementer loyalty, aims to help stakeholders implement vocational education policy more efficiently and effectively.
Measuring the Consistency of Pancasila Rule of Law Implementation in Ensuring Judicial Independence in Indonesia Kadir, Adies; Gunarto, Gunarto; Hussain, Abdullah Al-Monzur; Abu Taher, Mohammad
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.321-345

Abstract

This study examines the consistency of the implementation of the Pancasila State of Law in guaranteeing judicial freedom in Indonesia, as stipulated in Article 1 paragraph (3) and Article 24 paragraph (1) of the 1945 Constitution. The Pancasila State of Law integrates the rule of law, protection of human rights, the principles of legality, and judicial independence with Pancasila values that are philosophical, ethical, and religious. Judicial independence, as a key pillar, requires judges to be free from external intervention to produce fair and objective decisions. However, its implementation faces challenges, such as a history of executive intervention, the quality of human resources, and corrupt practices, collusion, and nepotism. This study uses a juridical normative method, analyzes laws and regulations, legal doctrine, and judicial practices in Indonesia, and compares them with the Dutch and United States judicial systems. The results show the need for legal reconstruction through strengthening the guarantee of the position of judge, transparent recruitment, separation of powers, independent budget management, and improving the appeal and cassation mechanisms. This reform will ensure an independent, professional, and integrity judiciary, in line with the values of Pancasila.
Money Politics and Voter Behavior: Factors Behind Incumbent Defeat in Subang Regency’s 2024 Regional Election Komarudin, Ujang; Handoko, Waluyo; Hussain, Farzana
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.216-235

Abstract

The defeat of incumbents in Indonesia’s 2024 concurrent regional elections reflects deeper issues in local electoral dynamics. In Subang Regency, the incumbent pair—Ruhimat and Aceng Kudus—lost despite holding office for five years and benefiting from institutional and political capital. This study aims to examine the factors behind this electoral defeat, using a sequential explanatory mixed-methods approach. Quantitative data were collected through closed-ended questionnaires from 400 voters across Subang sub-districts, while qualitative insights were drawn from in-depth interviews with five key informants. The findings reveal that while several variables influenced the outcome—including public dissatisfaction, weak campaign messaging, and fragmented political alliances—the most significant factor was political money. A total of 69.75% of respondents admitted that financial incentives had a decisive influence on their voting decisions. These findings underscore how clientelism and vote-buying practices continue to undermine the performance-based evaluation of candidates. The study concludes that political money remains a powerful determinant in regional elections, with significant implications for democratic accountability and electoral reform in Indonesia.
The Online Gambling as a Criminal Offense Which Disturbs Society on Legal Perspective widijowati, Rr dijan; Pecson, Rowela Cartin; Kristiawanto, Kristiawanto
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.461-489

Abstract

Online gambling has become a global phenomenon that has gained increasing attention in recent years. Advances in technology and easy access to the internet have allowed individuals to engage in gambling activities without being bound by geographical boundaries. However, these developments have also brought significant negative impacts, including complex legal issues associated with online gambling. This study seeks to provide an in-depth assessment of Indonesia's affirmative law regarding online gambling as a criminal offense. The research methodology used is the normative legal research method, with data collection carried out through a literature review. The main focus of this study is to analyze the legal aspects related to online gambling in Indonesia. The research findings indicate that Indonesian positive law has strictly regulated gambling and tends to prohibit it. However, online gambling presents unique challenges for law enforcement, especially due to its cross-border and difficult-to-track nature. This study provides a deeper understanding of the legal challenges facing Indonesia in addressing online gambling as a criminal offense, the need for stronger international cooperation in addressing illegal online gambling, as well as better tools and more effective law enforcement policies. Finally, the criminalizing online gambling is to provide legal sanctions to perpetrators, prevent the spread of gambling, protect society from its negative impacts, and uphold moral values and prevailing social norms. This criminalization also aims to provide a deterrent effect for perpetrators and prevent others from getting involved in online gambling.
Urgency of Institutionalizing Collaborative Governance in the Legal System for the Protection of Children in Conflict with the Law Setyawan, Gidion Arif; Wijaya, Andy Fefta; Hermawan, Hermawan; Yurizal, Yurizal
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.346-365

Abstract

This article aims to analyze the legal protection of children in conflict with the law (ABH) from a normative legal perspective and assess the urgency of institutionalizing collaborative governance within Indonesia's legal system. Although Law No. 11 of 2012 on the Juvenile Justice System has adopted a rehabilitative approach, the practical protection of ABH still faces many challenges, particularly in inter-agency coordination. This study shows that the absence of explicit legal provisions regarding cross-sector cooperation mechanisms has led to collaboration occurring only on a personal, non-institutional, and sporadic basis. Using a conceptual and regulatory approach, this article proposes that the principle of collaborative governance can be interpreted as a new administrative legal norm that must be institutionalized through positive regulation. Recommendations include the establishment of a permanent legal-based collaborative body, regulatory harmonization, and strengthening institutional accountability. Thus, the ABH protection system can become more effective, participatory, and socially just.
The Role of Dominus Litis of Tax Court Judges in Realizing Substantive Justice in Tax Dispute Resolution Setiyaji, Gunawan; Martanto, Triyono
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.236-252

Abstract

The resolution of tax disputes aims to achieve substantive justice, which emphasizes that legal decisions must reflect social and economic justice, not just legal formalities. In this context, the role of judges as Dominus Litis becomes crucial in ensuring fair and transparent decisions. This study aims to analyze the role of judges in realizing substantive justice in tax disputes in Indonesia. This study uses a qualitative approach with the method of literature study and legal document analysis. Data were obtained from academic literature, laws and regulations, and Tax Court decisions. Content analysis techniques were used to identify the concept of Dominus Litis, evaluate the role of judges in resolving tax disputes, and examine the implications of decisions on legal certainty and substantive justice. The results of the study show that judges not only act as law enforcers, but also as active trial controllers. Judges consider social and economic aspects in their decisions, which have an impact on legal certainty and tax justice. Therefore, it is necessary to improve the competence of judges in tax law to ensure the effectiveness of their role in the Indonesian taxation system.
Collaborative Governance in Digital Transformation Policy Implementation for MSMEs in Jakarta: A Socio-Legal Perspective Wijatmoko, Sigit; Sartika, Ika; Elsye, Rosmery
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.366-393

Abstract

This study investigates the role of collaborative governance in the digital transformation of Micro, Small, and Medium Enterprises (MSMEs) in Jakarta Province, focusing on the Jakarta Entrepreneur ecosystem, which comprises 372,540 enterprises. Based on Jakarta Governor Regulation Number 2 of 2020, the study aims to understand how cross-sector collaboration can help drive the digital transformation of MSMEs and thereby contribute to strengthening Jakarta’s competitiveness as a Sustainable Global City. Using a qualitative approach, this research explores collaboration mechanisms, factors inhibiting MSME digital transformation, and constructs a new collaborative model to empower MSMEs. Findings highlight the importance of facilitative leadership, institutional design, and supportive structures. Main obstacles include limited technology infrastructure, low digital literacy, and weak skills among MSMEs. The implementation of Governor Regulation Number 2 of 2020 has not yet been fully effective in addressing these barriers. The study suggests policy revision and enhanced collaboration through collaborative forums, communication, and transparency. It proposes the Integrated Partnership Model for Digital Transformation of MSMEs (KTDSU), which integrates public, private, academic, civil society, and media sectors. The model emphasizes technological innovation and social empowerment to help MSMEs grow and become more competitive in the digital era.
Legal Reconstruction of the Omnibus Law on Job Creation for Justice in Enhancing Investment and Indonesia’s Competitiveness Gunawan, Hendra; Syahbudin, Syahbudin
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.2.253-276

Abstract

The Omnibus Law on Job Creation (Law No. 11 of 2020 as amended by Law Number 6 of 2023) is a key Indonesian government policy designed to boost investment and national competitiveness by simplifying the investment ecosystem and enhancing the ease of doing business. This study examines the need for legal reconstruction of the law to create a more equitable regulatory framework that promotes investment, competitiveness, legal certainty, and labor protection. Despite Indonesia’s strong appeal to foreign investors, challenges such as bureaucratic inefficiencies, corruption, and legal uncertainty persist. While the Omnibus Law aims to improve regulatory efficiency, its implementation has been criticized, particularly by labor groups who argue that it prioritizes capital over worker welfare. Furthermore, inefficiencies in investment management are highlighted by the high Incremental Capital Output Ratio (ICOR), indicating that large investments are not yielding expected economic returns. This study proposes strategies for legal reform to address labor concerns, improve legal transparency, and enhance infrastructure, with the goal of optimizing the policy’s impact on sustainable economic growth. The research aims to contribute to the development of a more balanced legal framework that supports both economic progress and social welfare.

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