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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 Online Gambling as a Criminal Offense Which Disturbs Society on Legal Perspective Rr dijan widijowati; Rowela Cartin Pecson; Kristiawanto Kristiawanto
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i2.43373

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 Gidion Arif Setyawan; Andy Fefta Wijaya; 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: 10.26532/jh.v41i2.46413

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 Gunawan Setiyaji; Triyono Martanto
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.v41i2.44105

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 Sigit Wijatmoko; Ika Sartika; Rosmery Elsye
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.v41i2.45941

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 Hendra Gunawan; Syahbudin Syahbudin
Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i2.44442

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.
Indonesian Sea Sand Exports: UNCLOS Compliance v. Environmental Sustainability Dilemma Explored Yordan Gunawan; Muhammad Praditya Dananjaya; Setiyantoro Wahyu Aditama; Muhammad Daffa Auliarizky Onielda
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.v41i2.32294

Abstract

This study aims to analyze the impact of Indonesia's sea sand exports on UNCLOS compliance and environmental sustainability. The methodology involved analyzing UNCLOS policies related to marine sediment exports and the environment, evaluating literature sources that included case studies and analyzing the impacts of sea sand exports, and fieldwork by conducting interviews with government officials, environmental experts, and local residents. The results highlight that Indonesia's export of marine sand violates UNCLOS and harms the environment. Therefore, sustainable measures are needed, including strict monitoring of exports, better environmental management, and involving communities in the decision-making process. In order to resolve this conflict, the Indonesian government needs to adopt a sustainable approach, recognize the impact on the environment, and involve various parties in an effort to maintain the sustainability of sea sand exports while complying with UNCLOS.
An Effective Environmental Dispute Resolution Model That Supports Environmental Sustainability Rochmani, Rochmani; Megawati, Wenny; Suliantoro, Adi; Ebuzer Ersoy, Muhammet
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.41.2.277-295

Abstract

In resolving environmental disputes, it can be done through litigation or non-litigation. The purpose of this study is to examine and analyze an effective environmental dispute resolution model that can support environmental sustainability. The research method used is normative legal research to find the law for in-concocreto disputes. The environmental dispute resolution model through litigation with criminal law instruments preceded by an environmental impact study by a judge is more effective because it can carry out prosecution, environmental restoration. Effectiveness of Criminal Law Instruments in Resolving Environmental Disputes Through Litigation In judicial practice, prosecutors have broader coercive powers, such as detention, searches, faster executions. The results of research and innovation are effective environmental dispute resolution carried out through litigation with criminal law instruments preceded by an environmental impact study by a judge.
The Dilemma of Sharia Tourism Regulation: Between Tradition and Modernity in Banten: Negotiating Islamic Values, Cultural Preservation, and Policy Wazin, Wazin; Chamdan, Umar; Wasehudin, Wasehudin; Wajdi, Muh Barid Nizarudin; Masykurah, Nihayatul
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.41.1.173-194

Abstract

This study examines the sharia tourism policy in Banten Province related to the preservation of Islamic educational values, local cultural heritage, and modern challenges in the implementation of sharia tourism policies. This articles also aims to increase the competitiveness of Banten as a halal tourism destination in Indonesia and attract Muslim tourists from within and outside the country. The research method uses sociological juridical. The results of the study indicate that the sharia tourism policy in Banten contributes significantly to maintaining Islamic educational values and local cultural identity. However, the legal policy also poses challenges in creating an inclusive tourism environment, especially for non-Muslim tourists and local communities such as the Baduy indigenous community. There is a potential for exclusivity that can limit Banten's appeal to a wider range of visitors and affect the economic sustainability of local businesses that depend on diverse tourists. A balance between economic growth, preservation of Islamic values and cultural diversity is needed to create a sustainable, inclusive and adaptive tourism model to local socio-cultural dynamics.
Reinforcing the Ultimum Remedium Principle in Environmental Law Enforcement: A Three-Layered Approach Under Law No. 32 of 2009 I Gusti Bagus Suryawan; I Putu Ngurah Aryana; Yohanes I Wayan Suryadi; M. Ngurah Arya Yogie Krsna; Mirela Maria Ribeiro Guterres
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.v41i2.43298

Abstract

Environmental law enforcement in Indonesia, particularly under Law No. 32 of 2009 on Environmental Protection and Management, faces persistent challenges in applying the principle of ultimum remedium—treating criminal sanctions as a last resort. This study aims to evaluate the effectiveness of non-criminal sanctions, namely administrative and civil measures, as prerequisites to criminal enforcement in environmental cases. Using a normative juridical method and descriptive-analytical approach, the research analyzes statutory regulations, judicial decisions, and enforcement practices in pollution cases, including hazardous and toxic waste violations. The findings reveal that administrative and civil sanctions remain weak due to limited supervision, lengthy civil procedures, and inadequate compensation mechanisms. Additionally, poor institutional coordination and limited enforcement capacity hinder the transition to criminal sanctions. Community involvement is also underutilized in supporting legal accountability. The study concludes that a more structured three-layered enforcement approach—integrating administrative, civil, and criminal mechanisms—is needed to uphold environmental justice. Strengthening institutional capacity and aligning reparative and retributive principles are essential to ensure the ultimum remedium principle operates effectively. These findings contribute to legal reform efforts and the development of sustainable environmental governance in Indonesia.
The State Defense Legal Politics: National Protection Based on Pancasila Justice Budi Pramono; Ahmad Salim; Noor Lailatul Izza; Mega Arum Saputri; Lutter Ariestino
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.v41i2.47149

Abstract

Indonesia's national defense legal policy must be built adaptively and based on Pancasila and the 1945 Constitution, by integrating military and non-military defense through a participatory, layered defense strategy. The purpose of this study is to analyze national defense regulations within the concept of the unitary state of the Republic of Indonesia and analyze national defense legal policy based on Pancasila justice. This research is based on Normative Law research. A Pancasila-based national defense legal policy emphasizes moral, humanitarian, and democratic values in building an inclusive, participatory, and adaptive defense system, while adopting strategic elements from global practices to enhance Indonesia's sovereignty and resilience amid evolving global threats. The novelty of this approach lies in integrating Pancasila's ethical and philosophical values as the foundational framework for national defense policy, shifting the focus from purely militaristic strategies to a holistic, people-centered security model. Additionally, it introduces an innovative blend of global best practices such as China’s technological integration, Scandinavia’s participatory governance, and Japan’s diplomatic defense stance while maintaining Indonesia’s unique identity rooted in social justice and sovereignty.

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