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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 215 Documents
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Community-Based Collaborative Management: Impacts and Challenges of Sea Turtle Conservation on the South Coast of Central Java, Indonesia Kartono Kartowijono; Aryuni Yuliantiningsih; Tedi Sudrajat; Baginda Khalid Hidayat Jati
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.v40i1.39386

Abstract

The use of community-based collaborative management has shown promising results in addressing the complex issues surrounding sea turtle conservation. However, the legal implications and barriers associated with this method have not been thoroughly investigated. This study seeks to examine legal policies governing conservation institutions that influence community-based turtle protection along the southern coast of Central Java, Indonesia. The focus of this study is on two specific case studies: a conservation group at Pantai Sodong and another at Pantai Kembar. Employing a qualitative research design, this study incorporated semi-structured interviews with conservation group administrators, government officials, and other relevant stakeholders. Apart from that, this research also involves analysis of legal and regulatory documents and policies which is complemented by field observations. These findings indicate that community-based conservation policies significantly increase legal behavior that is in line with conservation law provisions. However, this report also underscores the legal and institutional challenges faced by local community-based conservation groups. These challenges include the necessity of legal collaboration between community groups and the government, the availability of healthcare facilities such as quarantine centers and clinics, and the need for a permanent workforce with appropriate skills. This study emphasizes the need for more flexible standards regarding conservation institutional requirements and government support to encourage the fulfillment of the validity and legal certainty of conservation institutions. This study adds to the growing body of literature on legal approaches to community-based collaborative management, and offers important insights for policymakers and legal practitioners who wish to increase support for community-based conservation programs in Indonesia and other countries.
Analysis of the Legal Basis of Marriage Agreements and Their Implications for the Position of Inheritance Property Padma D. Liman; Aulia Rifai
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.v40i1.39426

Abstract

This study explores the legal foundation of marriage agreements in Indonesia, specifically examining Law Number 1 of 1974 on Marriage and Constitutional Court Decision No. 69/PUU-XIII/2015. The primary focus of this research is to understand how marriage agreements impact the distribution of inheritance and their implications in resolving inheritance disputes. Meanwhile, Constitutional Court Decision No. 69/PUU-XIII/2015 expands the scope for creating and modifying marriage agreements during the marriage, providing additional flexibility that was previously unavailable. The methodology employed in this research is a normative juridical approach. A literature review method is used to gather relevant data and information from various legal sources. The primary legal materials used in this research include the Civil Code, Law Number 1 of 1974 on Marriage, and Constitutional Court Decision No. 69/PUU-XIII/2015. Additionally, secondary legal sources such as academic literature, legal journals, textbooks, and scientific articles are also utilized to enrich understanding and provide a broader theoretical context and perspective in the analysis. The findings indicate that a valid marriage agreement provides legal protection and certainty in the distribution of inheritance, while agreements not in accordance with positive law are at risk of being rejected in inheritance disputes.
Challenges in Implementing the Pesantren Endowment Fund: A Study of Presidential Regulation Number 82 Of 2021 On Operational Funding of Pesantren Muhamad Mustaqim; Ahmad Atabik
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.v40i1.39042

Abstract

Pesantren has historically demonstrated self-autonomy in institutional management and finance. The forthcoming regulations governing pesantren funding provide several challenges for pesantren management. This study uses a descriptive qualitative method to examine the government's readiness to execute the Presidential Regulation (Perpres) on funding for the pesantren operations. The results of the study indicate that the government's readiness to execute the pesantren endowment fund involves the establishment of regulations as technical guidance and instructions for implementing the policy. The response of pesantren management to implementing the Perpres on funding for pesantren is predominantly positive. They fully support the implementation of the regulation that would allocate funding for pesantren. However, socialization and formulation of the regulation technical instructions and the legal derivatives from the pesantren-related policy are essential in executing the Perpres for the execution and implementation of pesantren endowment funds.
Blasphemy Laws and Their Implications for Religious Freedom and Expression: A Tri-Country Southeast Asian Perspective Situmeang, Ampuan; Rusdiana, Shelvi; Trinh, Hien; Agustianto, Agustianto; Tan, Winsherly
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.40.1.156-170

Abstract

Blasphemy laws, while deemed important by some in protecting religious beliefs and practices, can have implication of conflicts with human rights. Utilizing comparative legal research method, this research aims to analyze how blasphemy laws in Indonesia and Thailand affect freedom of expression and religion. Findings of this study highlight the interplay between blasphemy laws, freedom of expression, and freedom of religion. This study also highlights the existing legal norms within relevant positive laws in Indonesia, Thailand, and Vietnam, that have implication of conflicts with freedom of expression and freedom of religion. Indonesia presents the most complex conflict between these human rights, while Thailand, despite offering greater freedom of expression, normatively falls short in religious freedom due to its preferential treatment of Buddhism and its clergy. Vietnam has the least implication of conflicts, as it only governs the prohibition against profaning a religion, which is significantly different than what constitutes as blasphemy, and allowing little to no room for multi interpretation.
The Political Shift in Legal Power of the Judiciary Post Constitutional Amendment Prasetyo, Dossy Iskandar
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.40.1.244-258

Abstract

The purpose of this study examines the legal politics of the shift in judicial power after the constitutional amendment in Indonesia. This study was conducted using doctrinal legal research with a fundamental research approach, designed to gain a deeper understanding of law as a social phenomenon. The results of the study found that historically, the earliest shift in judicial power was related to the theory of shifting separation of powers and the imperative rule of law. The post-constitutional shift resulted from the amendment to the 1945 Constitution which expressly stated that the judiciary is independent. Judicial power is an independent power to organize justice in order to uphold the law and equality and judicial power is not only carried out by the Supreme Court, but also by the Constitutional Court, that the supreme court judge must have integrity and an impeccable personality, fair, professional, and experienced in the field of law, To guarantee the independence and integrity of judges, especially the amendment to the 1945 Constitution, a new institution was issued called the Indonesian Judicial Commission.
Strengthening Corporate Governance Through Legal Compliance and Ethical Codes of Conduct Bambang Eko Turisno; Ery Agus Priyono; Yunanto Yunanto
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.40198

Abstract

This study investigates the role and implementation of a company's code of ethics as a cornerstone of good corporate governance. The research aims to examine the contents of corporate codes of ethics, the enforcement of sanctions for violations, and the mechanisms for preventing actions that contravene ethical standards. The code of ethics serves as a guiding framework for employees, fostering professionalism, integrity, and commitment. It encapsulates normative ethics and facilitates the practical application of corporate values in daily activities. Findings reveal that the structure and content of codes of ethics vary across organizations, ranging from concise to highly detailed formats. Employees affirm their adherence through integrity and compliance pacts, establishing a mutual agreement on the disciplinary measures for breaches. Sanctions for violations are proportionate to the nature of the offense and may include multiple forms of disciplinary action. An appeal mechanism and oversight by designated supervisors ensure the fair implementation of sanctions. Furthermore, the Board of Directors plays a pivotal role in exemplifying ethical behavior and reinforcing compliance through decisive actions. This research underscores the importance of a well-defined and enforced code of ethics in fostering an ethical corporate culture and ensuring accountability within organizations.
Civil Disputes Between Government and Individuals: A Comparative Study of Indonesia and French Legal System Wigati Pujiningrum; Rosa Agustina; Harsanto Nursadi
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.39388

Abstract

This study aims to compare the legal systems of Indonesia and France in handling civil disputes involving the government and individuals. The research highlights challenges related to judicial independence, procedural efficiency, and fair trial accessibility for private individuals in both countries. This study assesses legislative developments and procedural safeguards in both countries, examining their effectiveness in resolving disputes and identifying strengths and weaknesses. In Indonesia, the dual judiciary system separates the General Courts, which handle both civil and criminal cases, from the Administrative Courts, dedicated to disputes involving government bodies. In contrast, France’s integrated legal approach under its administrative law tradition, overseen by the Conseil d’État, emphasizes separation of powers and judicial oversight to ensure government decisions comply with the rule of law. The French system incorporates corrective justice principles, offering comprehensive remedies to address losses in civil disputes, which differ significantly from Indonesia’s approach. It underscores Indonesia’s ongoing legal reforms aimed at enhancing judicial independence and France’s robust administrative jurisprudence that checks executive power, offering insights to improve administrative justice and protect individual rights in various legal contexts.
The Idea of the Bottom-Up Paradigm to Top-Down in Regional Arrangement in Indonesia Mexsasai Indra; Geofani Milthree Saragih; Dessy Artina; Mohd. Yusuf DM; Ahmad Gelora Mahardika
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38493

Abstract

The reformation era in Indonesia emphasized regional autonomy, resulting in the creation of numerous regions, as affirmed by Articles 18, 18A, and 18B of the 1945 Constitution. Laws Number 22 of 1999 and 23 of 2014 supported a bottom-up paradigm, allowing local communities to propose new regions. However, not all proposals were accepted by the central government, leading to national integration threats and community conflicts. This approach has resulted in unequal development and delays due to conflicting interests between local communities and the central government. Such imbalances have fostered resentment and hindered cohesive national development. This research proposes a top-down approach where the central government fully oversees regional expansion. By centralizing the decision-making process, resources and development opportunities can be more evenly distributed, reducing conflicts and streamlining administrative procedures. The urgency of this shift is underscored by the potential risks to national unity and stability under the current system. The proposed top-down approach aims to enhance the efficiency and effectiveness of state administration, ensuring that regional autonomy contributes positively to national cohesion and progress.
The Environmental Legal Responsibility of Cigarette Companies in Community Economic Empowerment Suparnyo Suparnyo; Dwiyana Achmad Hartanto; Yusuf Istanto; Wahyu Edy Amrulloh; Rizal Bagus Prabowo
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38126

Abstract

Legal and environmental responsibility is part of a concept in business known as corporate social responsibility, because the concept of corporate social responsibility broadly includes responsibility in the economic and environmental sectors. This study aims to examine the strategy for implementing legal responsibility in the social and environmental sectors in empowering the community's economy and the forms of implementing corporate social responsibility in the social/community sector. Through an empirical or non-doctrinal legal approach with primary and secondary data and using qualitative analysis, answers to this research question can be found. The results of the study state that the strategy for implementing social responsibility in the social/community sector is carried out through several strategies, namely identifying stakeholders, setting priorities, focusing on important issues, partnerships with external parties and companies, transparency and reporting, as well as measurement and evaluation to achieve a balance between achieving profits and social and environmental responsibilities. Several large cigarette companies in Kudus have carried out their Corporate Social Responsibility obligations through several activities such as empowering Village-Owned Enterprises, empowering MSMEs and holding training related to empowering the community's economy.
Music Copyright Protection in the Digital Era: Legal Framework and Strategies for Enforcement Hulman Panjaitan; Andrew Betlehn; Tomson Situmeang; Md Zubair Kasem Khan; Mahadi Hasan Miraz
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.40525

Abstract

This research investigates the factors contributing to global music copyright infringement in the digital era, the legal framework established by Indonesian Law Number 28 of 2014 on Copyright, and strategies for strengthening protection. Using a doctrinal legal research approach, the study incorporates statutory and comparative legal analyses to assess the effectiveness of Indonesia’s copyright laws and proposed strategies. The findings indicate that digital piracy globally is primarily driven by technological advances, the ease of sharing pirated content, and inconsistent international copyright laws. These issues have resulted in significant financial losses for creators and the rise of new forms of piracy. In Indonesia, while Law Number 28 of 2014 provides robust protections for creators, including economic and moral rights, enforcement remains problematic due to low public awareness and the rapid pace of technological advancements. Key institutions, such as the Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual/DJKI) and Collective Management Institutions (Lembaga Manajemen Kolektif Nasional/LMKN), play a critical role in enforcement but need further support. The study recommends strengthening legal frameworks, international harmonization, and leveraging technological solutions such as blockchain to improve copyright enforcement in Indonesia and ensure fair compensation for artists.

Page 15 of 22 | Total Record : 215

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