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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 Friction in Evidence Law: Criticism on Evidence of Negative Wettelijk Bewijstheorie in Tax Crimes M Hary Djatmiko; Mira Sri Rahayu; Owoade Abdul Lateef
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.41491

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 Yodi Martono Wahyunadi; Bart Jansen; Alwan Hadiyanto
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.44125

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 Sidik Sunaryo; Shinta Ayu Purnamawati; Muhammad Jihadi; Sholahuddin Al-Fatih
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.37154

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 Gidion Arif Setyawan; Andy Fefta Wijaya; 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: 10.26532/jh.v41i1.42331

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.
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.
Judicial Power and Judges’ Status in Indonesia’s Constitutional Framework Adies Kadir; Gunarto Gunarto; Suwarno Suwarno; Md Adnan Kabir
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i1.45197

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.
Implementation of Policy for Islamic State Vocational School: A Legal Perspective on Challenges and Development Fesal Musad; Mansyur Achmad; Rizari Rizari
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i2.45939

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 Adies Kadir; Gunarto Gunarto; Abdullah Al-Monzur Hussain; Mohammad Abu Taher
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i2.45933

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 Ujang Komarudin; Waluyo Handoko; Farzana Hussain
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i2.44163

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.

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