cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
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
 18   19   20   21   22 
Notarial Authority and Legal Accountability in Sharia Banking Contracts: A Doctrinal Study Agung Iriantoro
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.42041

Abstract

The purpose of this study is to examine and analyze the role and responsibilities of notaries in drafting Islamic banking agreements. This study uses a doctrinal legal approach. The findings show that notaries have the authority to prepare authentic deeds for Islamic banking contracts. These deeds serve as strong legal evidence in resolving disputes in the context of Islamic banking. The responsibility of notaries in preparing Islamic banking agreements includes three legal aspects. First, under civil law, Article 84 of the Notary Law outlines the civil liability of notaries. Second, under administrative law, Article 85 of the Notary Law provides that if a notary makes an error when drafting a deed, they may be subject to administrative sanctions in accordance with the Notary Law and its implementing regulations. Third, in terms of criminal law, if a notary commits an act that constitutes a criminal offense as defined in the Criminal Code, they may face criminal sanctions accordingly. The study suggests that sharia training and certification for notaries should be made standard, especially for those involved in Islamic finance.
Effectiveness of Countering Acts of Terrorism Within Asean: Challenges and the Path Forward Dini Dewi Heniarti; Edi Setiadi
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.37061

Abstract

Acts of terrorism have emerged as a non-traditional security challenge, exacerbating the intricacies of the geopolitical security discourse and the equilibrium of power while remaining a prevalent menace in the Southeast Asia region. This article seeks to explore effective strategies to confront the evolving threat act of terrorism to establish security and promote peace in the area. This study employs socio-legal approach by analyzing legal materials, primarily ASEAN policies and secondary data. Data analysis was conducted qualitatively, and the results were delivered descriptively to answer the research questions. As a regional organization, the approach used by ASEAN to handle acts of terrorism is ineffective because of the Asian Way. This principle prevents ASEAN from overcoming the issue because it focuses on non-binding, non-specific measures without establishing a mechanism to monitor progress against these acts of terror. This research offers novelty by encouraging the reevaluation, reorientation, and reformulation of the ASEAN Way concerning the rapid global dynamics and transnational challenges. It will strengthen the main pillars, adapt to global realities, and require commitment from all member countries.
Legal System of Community Participation in Environmentally Friendly Power Plants: A Socio-Legal Study of Micro-Hydro Projects in Central Java Triana, Nita; Mukhtar, Naqiyah; MD Rasip, Osman; Ramadhan, Hafizh Faikar Agung; Monk, Lincoln James Faikar
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.567-587

Abstract

Energy management is closely linked to environmental concerns and community involvement. However, in electrical energy regulations, community participation is frequently overlooked, with the community treated solely as a consumer. This study examines the legal system for community participation in environmentally friendly micro-hydro power plants. The research method used was qualitative, with a socio-legal approach. Data was collected through observation and in-depth interviews with purposefully chosen informants. The findings show that the legal system, in the form of legal substance, such as management rules and legal structures, is implemented in a participatory manner by the residents of Karangtengah and Lebakbarang villages. Community participation is critical to the success of the two villages' micro-hydro power projects, which earned them the provincial award for the best management of micro-hydro projects in Central Java. Community participation in this project is strong because the community has a legal culture characterized by cooperation, environmental friendliness, deliberation, and family values. Based on the level of participation, community involvement in the micro-hydro project is at the highest level, namely partnership, delegation of authority, and citizen control.
The Real Solutions to the Ignored Prison Overcrowding Problem Hamja, Hamja; Ravena, Dey; Sudiro, Amad; Nunna, Bhanu Prakash
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.588-607

Abstract

This study aims to analyze prison overcapacity for concrete and operational solutions. This study used a normative research approach. The author's research results recommend adaptive solutions to the problem of overcrowding, including measuring the improvement of the process of making prison policies and crime prevention in the form of various restorative and rehabilitative regulations such as rehabilitation programs for drug offenders, the application of monetary penalties in lieu of imprisonment, the implementation of open prisons, and the implementation of social control laws; evaluating various guidance efforts that have been carried out to reduce the number of recidivism as a major contributor to overcrowding in addition to prison policies and the judicial process; and deepening the understanding of restorative and rehabilitative efforts in the form of vocational, guidance, job coaching, reintegration in society, as well as public perceptions of prisoners as an implicit driving factor towards repeat crimes. The novelty of this study lies in its integrated perspective, which connects prison overcapacity with the broader need for systemic reform in correctional philosophy.
The Legal Capital Market Protection: Justice for Minority Stock Investors Sudiyana Sudiyana; Foluke M Dare
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.44218

Abstract

The capital market is a critical component of a nation's economy, facilitating capital formation and allocation. Fraudulent practices, manipulation, lack of transparency, dishonesty and injustice in capital market activities must be dealt with firmly. This is because injustice can cause losses for minority stock investors. This study aims to analyze and evaluate the minority stock investor protection system in Indonesia, as well as efforts to improve justice and equality for all shareholders and examines the existing legal frameworks designed to protect minority stock investors and assesses their efficacy in ensuring justice. This study was a normative legal study, with a State approach, a Conceptual approach and a Case approach. The results of the study indicate that in the legal protection system according to Indonesian capital market law there are several findings that can result in injustice to Minority Investors. Building corporate governance that prioritizes and upholds the principle of honesty. Enforcement of the Transparency Principle in the implementation of capital market activities, both before listing, during listing, and after listing by changing the formulation of civil sanctions in the form of fines and compensation decided by the Financial Services Authority. As well as the involvement of minority investors in making important decisions in the issuing company.
The Indonesian Migrant Workers in The Shackles of Agamben's Biopolitics Point of View Muhammad Rustamaji; Shalih Mangara Sitompul; Aldi Rizki Khoiruddin; Alarico Mendonca Tilman
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.44016

Abstract

The migration of Indonesian workers in search of better economic opportunities is a global phenomenon. However, behind the narratives of remittances and national development lies a grim reality of human rights abuses and systemic exploitation. While various frameworks, such as human rights. This study analyzes the persistent violence against Indonesian Migrant Workers (IMWs) in Malaysia—particularly shootings by the Malaysian Maritime Enforcement Agency—through Giorgio Agamben’s biopolitical framework. It reveals a novel application of Homo Sacer, bare life, and state of exception concepts to show how sovereign power systematically strips undocumented IMWs of political recognition (Bios), reducing them to mere biological existence (Zoe) and legitimizing extrajudicial killings without accountability. This research used normative legal research and deductive reasoning, the findings demonstrate that these acts are not incidental law enforcement excesses but a deliberate biopolitical strategy embedded in Malaysia’s state apparatus. By exposing the legal “grey zone” that enables such dehumanization, this research advances the theoretical link between Agamben’s political philosophy and migrant protection, urging a fundamental rethinking of legal and diplomatic responses to dismantle the biopolitical logic that normalizes violence, exclusion and negates the presumption of innocence. Through Agamben's optic, the shooting of Indonesian Migrant Workers by Malaysian Maritime Enforcement Agency or Royal Malaysia Police is not just a case of ordinary human rights violations, but also a manifestation of how the modern state creates homo sacer.
Strengthening Consumer Protection in Digital Transactions: A Legal Perspective on Click-Wrap Agreements Under the Consumer Protection Law Hulman Panjaitan; Junimart Girsang; Moermahadi Soerja Djanegara; Md Hasnath Kabir Fahim
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.47262

Abstract

This study examines the effectiveness of consumer protection in Indonesia’s digital transactions, with a focus on click-wrap agreements. It addresses three key questions: the normative application of consumer protection laws, the practical challenges in enforcing these laws in online markets, and strategies to strengthen legal safeguards. Using a normative and conceptual juridical approach, the research analyzes relevant legislation, including the consumer protection law, electronic information and transactions law, personal data protection law, Government Regulation Number 80/2019, and Minister of Trade Regulation Number 31/2023. Literature review and legal documents, such as academic studies, court decisions, and government policies, were also examined to assess compliance, identify ambiguous clauses, and evaluate protection mechanisms. Findings indicate that while Indonesia has legal framework guaranteeing consumer rights to accurate information, safety, compensation, and data privacy, practical enforcement remains limited. Click-wrap agreements often contain complex or non-negotiable clauses that reduce consumers’ ability to exercise their rights. Strengthening legal mechanisms, including online dispute resolution, enhanced capacity of the consumer dispute resolution agency, digital consumer literacy, and regulatory harmonization, is essential to bridge the gap between law and practice. Coordinated implementation of these measures can ensure effective, transparent, and equitable protection for digital consumers.
Foreign Worker Employment in Indonesia: Balancing Investment, Knowledge Transfer, and Local Labor Protection Mashari, Mashari; Indriyasari, Indriyasari; Sriwati, Endah; MD Said, Muhamad Helmi
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.694-721

Abstract

This study examines Indonesia’s legal system for employing foreign workers, with a focus on how well it balances economic growth, protection of local workers, and national security. Using a normative juridical approach, it reviews main regulations such as the Immigration Law, the Manpower Law, and Government Regulation Number 34 of 2021. The research finds that the Foreign Worker Utilization Plan is an important tool, but its implementation is weak because of a lack of labor inspectors, poor coordination between institutions, and light sanctions. Although reforms like the Job Creation Law were introduced to make the process easier and attract investment, there are still conflicts between new and old rules, as well as limited public involvement. The study also shows that while foreign workers can support knowledge transfer, their long-term stay and work in low-skilled jobs often reduce opportunities for local workers. To solve these problems, the research suggests creating a stronger supervisory system that includes preventive, persuasive, and repressive measures, better coordination between institutions, and stricter penalties. These steps would help ensure that employing foreign workers benefits the economy while also protecting local workers and national interests.
Reconstruction on the Existence of Notary Auction Officers in the Development of Auctions Sugianto Sugianto; Abdel Salam Atwa Ali alfandi; Rizki Adi Pinandito
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i3.48041

Abstract

This research focuses on the reconstruction of the position and authority of notaries as auction officials in filling the legal vacuum and strengthening the legitimacy of auction minutes. The goal is to realize legal certainty and encourage a more modern, fair, and responsive auction system that meets the needs of the community. This research uses doctrinal legal methods, relying on secondary data as library research. The research findings indicate that the existence of auction officials is still weak due to irrelevant colonial legacies, limited numbers, short terms of office, narrow authority, lack of authenticity in auction minutes, and outdated regulations and supervision. Reconstruction of the authority of auction officials from notaries is necessary to eliminate dualism, align regulations with the Notary Law, and strengthen legal certainty through the establishment of a new Auction Law that grants full authority to notaries with a certification mechanism, so that auction minutes have authentic legal force and can support the development of the auction system in Indonesia. This model adopts the pattern of appointing Notaries as Cooperative Deed Making Officials, thereby increasing professionalism and ensuring legal certainty in auction practices.
Legal Reconstruction of Mediation in Village Conflict Resolution Based on Dignified Justice Wartoyo, Franciscus Xaverius; Triwijanarko, Dinda
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.722-740

Abstract

As the smallest unit in the Indonesian government system, villages play a crucial role in maintaining social harmony and resolving conflicts within communities. Village heads and their staff, such as neighborhood heads and hamlet heads, have legal and moral responsibilities as extensions of the local government. Based on Law Number 6 of 2014 and its most recent amendment, Number 3 of 2024, village heads are obligated to resolve disputes within village communities. This study aims to analyze the role of village heads and village community institutions in conflict resolution through customary law and non-litigation approaches. This study used qualitative methods, focusing on analyzing the role of village heads and community institutions in conflict resolution through customary law and non-litigation approaches. Furthermore, this study highlights the harmonization of Pancasila values in pluralistic village communities and identifies challenges and solutions in implementing the latest regulations at the village level. The results indicate that empowering village heads through mediator training and legal support can increase the effectiveness of peaceful and just resolutions. In conclusion, harmonizing Pancasila values and integrating customary law into village conflict resolution mechanisms is crucial for maintaining the unity and well-being of village communities.

Page 20 of 22 | Total Record : 215

 18   19   20   21   22 

Filter by Year

2005 2026


Reset
Filter By Issues
All Issue Vol 42, No 1 (2026): Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum Vol 41, No 2 (2025): Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum Vol 39, No 1 (2023): Jurnal Hukum Vol 38, No 2 (2022): Jurnal Hukum Vol 38, No 1 (2022): Jurnal Hukum Vol 37, No 2 (2021): Jurnal Hukum Vol 37, No 1 (2021): Jurnal Hukum Vol 36, No 2 (2020): Jurnal Hukum Vol 36, No 1 (2020): Jurnal Hukum Vol 35, No 2 (2019): Jurnal Hukum Vol 35, No 1 (2019): Jurnal Hukum Vol 31, No 2 (2015): Jurnal Hukum Vol 31, No 1 (2015): Jurnal Hukum Vol 30, No 2 (2014): Jurnal Hukum Vol 29, No 1 (2014): Jurnal Hukum Vol 28, No 2 (2012): Jurnal Hukum Volume XXVIII No. 2 Tahun 2012 Vol 26, No 2 (2011): Jurnal Hukum Volume XXVI, Nomor 2, Edisi Agustus 2011 Vol 25, No 1 (2011): Jurnal Hukum Volume XXV, Nomor 1, Edisi April 2011 Vol 15, No 1 (2005): Jurnal Hukum More Issue