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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 215 Documents
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The Analysis of Authority Abuse that Results in State Financial Loss in the State Administrative Law & Islamic Law Framework Arief Moelia Edie
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.37374

Abstract

Implementation of duties and functions for the Government is a constitutional obligation. So that every task carried out must be based on the norms stated in the constitution. Holding a position as a leader means there is a mandate that must be held accountable. The aim of this research to analyze state financial losses resulting from authority abuse within the legal framework of state administration from a positive legal perspective in Indonesia and an Islamic legal perspective. The type of research used was normative juridical. Authority abuse is basically an act against the law (the concept of a criminal act) accompanied by mens rea (malicious intent). The emergence of losses to state finances in the legal aspect of state administration requires the restoration of state finances and redressing the causes of state financial losses. So in state administrative law, the aspect of improving the system is a very important thing to do. In Islam, position means power which has implications for the lives of society as a whole, office holders are God's representatives in the human world because the only one who has true power is God. In Islamic criminal law, authority abuse is an act that approaches the crime of corruption.
Reconstruction of the Judicial Commission’s Authority in Promoting Judges with Integrity Widayati, Widayati; Winanto, Winanto; Haji Mohiddin, Mas Nooraini binti; Suwondo, Denny; Arpangi, Arpangi; Nur Hidayat, Yudhi Taufiq
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.39.2.270-294

Abstract

The authority of the Judicial Commission (KY) to supervise judges is diminishing due to opposition from the Supreme Court judges and constitutional judges. Cases of corruption and bribery involving Supreme Court judges and constitutional judges indicate that external oversight by the KY is crucial to maintaining judges' honor, dignity, and behavior. This research discusses the importance of external supervision in realizing the integrity of judges. The research uses a normative juridical approach, which examines norms or legal rules as a structure of norm systems related to a legal event. The data used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Based on the analysis, it is concluded that: 1) Supervision of judges, both internally and externally, is necessary and crucial to prevent them from abusing the freedom or independence given to them. Various cases of bribery and corruption involving judges indicate that without external supervision, there will be a risk of abuse of power. 2) KY, as an external supervisor, also needs to be given authority to select not only Supreme Court judges but judges at all levels of the judiciary within the Supreme Court. 3) KY conducts external monitoring of all judges, including judges to the Supreme Court and constitutional judges, to ensure the integrity of the judiciary. In order to ensure the optimal operation of KY's authority, KY representatives need to be established in provinces and districts/cities since judges are distributed throughout Indonesia both in provinces and districts/cities.
Preliminary Concept of Alternative Agrarian Reform for Justice: The Social Tenure Domain Model (STDM) Approach to Constructing a Just Society in Indonesia Lina Jamilah; Arif Firmansyah
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.32516

Abstract

The implementation of agricultural reform comprises the enactment of access and asset reform. In order to ensure compliance with the aforementioned instructions, the Indonesian government issued Presidential Regulation Number 86 of 2018, which stipulates the commencement of agricultural reform as a means to support asset and access reform. The primary goal of access arrangements is to enhance access to finance and various forms of support to enhance welfare outcomes through land utilization. This particular methodology is frequently denoted as community empowerment. The normative juridical research technique, commonly known as library law research, perceives law as a normative system that possesses autonomy, independence, and distinctiveness from society. The methodology necessitates the utilization of a conceptual framework that incorporates a social tenure domain model and a legal perspective. The research findings indicate that the central concept of agrarian reform for justice entails implementing a comprehensive land administration system encompassing diverse land claims and rights through the utilization of the Social Tenure Domain Model (STDM) approach. The concept of the social method pertains to a theoretical framework that centers on the impact of social influences on human behavior. The notion of the STDM explores the interconnection between individuals and land.
The Constitutional Perspective of Indonesian Social Security System Saut Parulian Panjaitan; Joni Emirson; Iza Rumesten RS; Suci Flambonita
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.36933

Abstract

Some of the values contained in the regulation of the National Social Security System Law (SJSN) and the Social Security Management Agency Law (BPJS) are contrary to constitutional values. The purpose of this paper is to examine the conflict of values. The study was conducted using normative legal research methods, which focused on the statutory and theoretical approach. This study found that social welfare mandated by the 1945 Constitution to the state is developed through the national social security system: (a) as an obligation, (b) to empower the weak and incapable people to develop themselves in accordance with human dignity, and (c) in order to fulfill basic needs, both the right to education, the right to health, and the right to get a job. In addition, although the 1945 Constitution does not specify the pattern of the social security system to be developed, the SJSN Law and the BPJS Law use a mixed model between social insurance from participants and social assistance from the state to the poor. Based on this, it is recommended to adjust the formulation of legal norms of the SJSN Law and BPJS Law contained with constitutional values.
The Urgency of Rehabilitation in the Utilitarian Paradigm to Punishing Narcotics Addicts Muhammad Ridwan Lubis; Cut Nurita; Dian Pramana; Diana Lubis
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.36637

Abstract

Rehabilitation for narcotics abusers is a recovery method that needs to be carried out by prisoners who are categorized as addicts and victims of narcotics abuse. Rehabilitation is part of the use of utilitarian principles. The purpose of this research is to analyze the urgency of implementing rehabilitation for drug addicts and to analyze the rehabilitation of narcotics addicts in the utilitarian paradigm. This research is a type of normative juridical research to examine the urgency of implementing rehabilitation for narcotics addicts in a utilitarian paradigm. Even though articles regarding the implementation of rehabilitation have been regulated, enforcement of the law remains rare, creating the impression of selective logging in its implementation. Therefore, it is essential to scrutinize whether the implementation of rehabilitation for narcotics users aligns with the provisions of the Narcotics Law and the norms outlined in the relevant articles. The benefits that people with drug addiction get from rehabilitation are in the form of detoxification and social rehabilitation, which are designed to facilitate the user's reintegration into regular life, along with the following stages of treatment. Thus, regarding the benefits for the Indonesian state, providing rehabilitation for narcotics addicts is believed to be able to reduce the number of narcotics trafficking itself.
Advancing Access to Justice for Female Victims of Sexual Violence Through Restitution Indah, Christina Maya; Dwiyatmi, Sri Harini
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.1.171-186

Abstract

Victims of sexual violence often face numerous obstacles in accessing justice, including limited access to restitution mechanisms. Restitution is a form of compensation that victims can receive from perpetrators to recover the losses they have suffered. This paper aims to analyze how access to justice for female victims of sexual violence can be enhanced through restitution mechanisms. The method used is a literature review, examining relevant laws and regulations as well as the practice of implementing restitution in various countries. The analysis reveals that strengthening the implementation of restitution could improve access to justice for victims. This can be achieved by simplifying procedures, providing legal assistance, and enhancing coordination between related institutions, namely law enforcement and the Witness and Victim Protection Agency (LPSK). Additionally, efforts are needed to raise public awareness and increase the sensitivity of law enforcement officers to the issue of sexual violence. By doing so, victims can achieve proper recovery through both institutional and legal mechanisms that support victim protection.
Ensuring Fair Business Practices and Consumer Rights: The Role and Impact of Indonesia's Consumer Dispute Settlement Agency Dhaniswara K. Harjono; Hulman Panjaitan; Moermahadi Soerjadjanegara; Hendra Susanto; Abu Hena Mostofa Kamal; Suwarno Suwarno
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.37177

Abstract

This research examines the role and impact of Indonesia's Consumer Dispute Settlement Agency (BPSK) in promoting fair business practices and protecting consumer rights in a changing economic environment. It focuses on Consumer Protection Law No. 8 of 1999 and uses a legal research method to analyze how effective BPSK is at resolving disputes between consumers and businesses. The findings show that, while BPSK offers alternative dispute resolution methods like mediation and conciliation, it struggles with issues such as interference from the courts, lack of independence, and limited authority. The Indonesian Supreme Court often overturns BPSK's decisions, which lowers public trust in the agency. Additionally, BPSK's reactive approach to complaints and procedural delays limit its ability to actively protect consumer rights. This study suggests that structural reforms are needed to give BPSK more independence and power, including clearer rules for resolving disputes and the ability to impose penalties for violations. By addressing these challenges, Indonesia can strengthen BPSK's role in protecting consumer rights and ensuring fair business practices, leading to a better legal framework for consumer protection.
Social Security Programs in Islamic Law: A Comparative Study of Fatwa Institutions on Indonesia’s Health Insurance Sopa Sopa; Rini Fatma Kartika; Nurhadi Nurhadi; Dina Febriani Darmansyah; Taufiqurokhman Taufiqurokhman; Ma’mun Murod
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.37174

Abstract

This research addresses the divergence of scholarly opinions regarding the legal status of Indonesia's National Health Insurance (BPJS Kesehatan) and its implications for Sharia compliance. The controversy arises from varying arguments put forth by the Indonesian Ulema Council (MUI) and Nahdlatul Ulama as the largest Islamic organization in Indonesia, which has implications for the pro-people government program. The study aims to identify and analyze the factors contributing to the disparities in fatwas issued by MUI and NU concerning national health insurance. Additionally, it examines the role of scholars in shaping public policies to ensure their alignment with Sharia principles. The method used in thos study is by employing a descriptive-analytical approach, this research combines document studies and interviews for data collection. Qualitative analysis, guided by ushul fiqh and fiqh siyasa principles, is used to evaluate the controversies surrounding national health insurance issues. The research reveals that discrepancies in fatwa rulings are rooted in differences in the focus of study. MUI emphasizes the contractual aspect, deeming National health insurance incompatible with Sharia principles. In contrast, NU highlights the program's societal benefits, considering it Sharia-compliant due to its social insurance components. This study demonstrates that scholars' involvement in policy formulation is essential to ensure compliance with Islamic law. The divergence of fatwas regarding national health insurance underscores the need for greater scholarly input in shaping pro-people government programs. This research offers a comprehensive analysis of the national health insurance controversy from a scholarly perspective, shedding light on the critical role of scholars in policy-making processes in predominantly Muslim countries
The Going Concern Paradigm in Bankruptcy Process Reviewed from Regulations in Indonesia Bernard Nainggolan; Kostruba Anatoliy
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.37175

Abstract

Companies often seek alternative debt resolution methods in bankruptcy to avoid liquidation or operational shutdown. One such alternative is through a settlement, where the debtor offers partial payment of the debt to creditors with the condition of being released from the remaining debt. Additionally, the suspension of debt obligations allows companies to develop a financial restructuring plan that can ensure long-term operational sustainability. Thus, the purpose of this study is important to understand how bankruptcy decisions, and debt settlement alternatives for business actors and stakeholders. This research uses a descriptive approach by analyzing relevant legislation, legal literature, and case studies to understand the mechanisms and legal implications of the bankruptcy process. The secondary data used comes from sources such as laws, court rulings, and relevant legal literature. The primary focus of this research is to analyze Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. The study results indicate that the bankruptcy process in Indonesia relies on mechanisms such as debt payment suspension, settlement, and judicial review to resolve debts and ensure business continuity. The going concern paradigm is integrated into these processes, although in a different context from the principle in civil law.
The Utilization of Access Management to Digital Collections: Requirements & Challenges by Law Koko Srimulyo; Yula Anggriani; Faizal Kurniawan
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.38665

Abstract

The spirit of Article 4 of Law No. 43 of 2007 is regulated by Article 5 paragraph (3) of Law No. 3 of 2017 is concerning to increase users interest in reading by converting printed books into electronic books. However, this breakthrough also brings new legal issues, namely the potential for reduced economic rights of creators or copyright holders of printed books as well as the decentralization of authority to convert printed books into physical books by libraries even though these requirements have been regulated by Article 27 of Law No. 28 of 2014 concerning Copyright; there is still room for illegal duplication and even piracy. There are two methods used in this research. The statutory approach is used to review statutory regulations primarily and the conceptual approach is used to support the narrative text presentation with relevant scientific literature. The results of this research indicate a need for special regulations regarding the conversion of printed books into electronic books by libraries by paying attention to the Economic Rights of the Creator or Copyright Holder of printed books. In addition, conversions must be carried out under the supervision of the relevant institutions and submitted centrally to the National Library to ensure standard procedures and conversion quality, and reformulation of previous regulations is necessary.

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