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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 221 Documents
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A Legal Analysis of the Influence of International Trade on Import Restriction Policies in Indonesia Wiwik Sri Widiarty; Jihyun Park; Tria Sasangka Putra
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.v41i3.46981

Abstract

This study examines how international trade dynamics influence Indonesia’s import restriction policies, focusing on the Minister of Trade Regulation Number 36/2023 and its amendment, the Minister of Trade Regulation Number 8/2024. The research aims to analyze how global trade commitments, particularly WTO principles such as GATT Articles I and XI, shape Indonesia’s regulatory framework; assess the economic and practical consequences of these restrictions for domestic industries and supply chains; and evaluate the balance between protectionism and trade liberalization, highlighting long-term implications for competitiveness and sovereignty. Using a normative juridical approach, the study reviews primary, secondary, and tertiary legal materials, including national legislation and international conventions such as WTO/GATT, AFTA, NAFTA, and ACFTA. Legal analysis is conducted qualitatively, focusing on trade regulations, licensing measures, and policy adaptations, complemented by doctrinal interpretation to construct a comprehensive understanding of the legal framework. Findings reveal that while the Minister of Trade Regulation Number 36/2023 sought to protect domestic industries and consumers, it disrupted supply chains and delayed shipments, imposing economic costs. Subsequent relaxations under the Minister of Trade Regulation Number 8/2024 and later reforms in 2025 improved efficiency and balanced deregulation with strategic safeguards. The study underscores the trade-off between short-term protectionism and long-term competitiveness, emphasizing the need for adaptive, transparent, and WTO-compliant policies. Insights from this research provide guidance for strengthening Indonesia’s import regulations while maintaining compliance with international trade obligations.
Communal Intellectual Property Rights and Creative Industry Development Through Integration Patterns Zulkifli Zulkifli; Almusawir Almusawir; Andi Tira
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.v41i3.46980

Abstract

Traditional communal intellectual property systems face significant limitations that restrict their economic potential, primarily due to inadequate documentation frameworks and weak ownership security. Simultaneously, creative industries struggle to effectively leverage communal intellectual property resources for innovation, limiting the sustainable economic benefits that could be shared by both traditional communities and creative sector actors. This study examines the potential synergies between communal intellectual property frameworks and creative industry development, aiming to preserve cultural authenticity while promoting economic viability for stakeholders. Using a qualitative research approach, data were collected through literature reviews and structured interviews with key stakeholders in South Sulawesi Province. Findings reveal critical gaps in current communal intellectual property documentation and legal recognition, which hinder effective utilization of cultural assets for economic purposes. Creative industry actors demonstrated strong interest in integrating communal intellectual property but were constrained by the lack of formal legal frameworks, standardized documentation, and collaborative mechanisms. Barriers identified include inefficient intellectual property registration processes and limited community engagement protocols, which weaken equitable benefit-sharing. Nevertheless, successful integration models were observed where communities retained cultural control while enabling structured access for creative industries through cooperative partnerships. The study concludes that legal reforms, standardized documentation, and inclusive governance are essential to foster sustainable communal intellectual property-creative industry collaboration, offering a viable pathway to enhance cultural preservation and drive economic growth in both sectors.
Legal Framework and Effectiveness of Bank Resolution by the Indonesia Deposit Insurance Corporation Diana R.W. Napitupulu; Mohammad Belayet Hossain; Bahrullah Akbar
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.v41i3.46982

Abstract

Bank failures pose serious systemic risks to financial stability and public confidence. In Indonesia, the Deposit Insurance Corporation plays a crucial role in resolving troubled banks to maintain financial system stability and protect customers. This study aims to analyze the legal framework for bank resolution, specifically the Deposit Insurance Corporation authority, responsibilities, and mechanisms for dealing with troubled banks, and the extent to which Law Number 24 of 2004 and Law Number 9 of 2016 provide legal certainty and support systemic stability. The research method uses a normative legal approach, examining relevant laws and regulations, including early intervention mechanisms, resolution planning, and resolution strategies such as purchase and assumption, bridge banking, and liquidation. The interaction between Deposit Insurance Corporation, Bank of Indonesia, and the Financial Services Authority is also examined to understand inter-authority coordination in crisis scenarios. The findings indicate that the current legal framework is flexible enough to handle troubled banks, but still faces challenges in coordination, transparency, and legal certainty. In conclusion, Deposit Insurance Corporation has a central role, but the effectiveness of resolution depends on clear mechanisms, good coordination, and a strengthened legal framework to maintain the credibility and stability of the Indonesian financial system.
The Impact of Globalization on Human Smuggling and Economic Policy Responses Zulyadi, Rizkan; Pinem, Serimin; Nasution, Sulhan Iqbal; Meher, Montayana; Ramadhan, Muhammad Citra
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.44824

Abstract

Globalization has created an interconnected and interdependent world, brought various conveniences while simultaneously raised new challenges in human rights issues. One prominent negative impact is the rise of Transnational Organized Crime (TOC), including human smuggling, which is increasingly facilitated by technological developments and market openness. This practice resembles a free market, where actors compete to attract customers without formal mechanisms for resolving disputes or enforcing contracts, giving rise to trust issues that are often addressed through reputational investment. This study aims to examine the gaps in Indonesia's national law in responding to this phenomenon and assess its relevance to international standards, particularly the Palermo Protocol. Using normative methods through literature review and a comparative approach, this study highlights the relationship between globalization, human smuggling, and the existing legal framework. The findings indicate that although the UN, through the UNODC and the Conference of Parties (COP), has initiated TOC prevention mechanisms, their implementation remains weak without strong normative ties. In conclusion, harmonization of Indonesian law with international standards is needed to strengthen human rights protection and the effectiveness of law enforcement against human smuggling.
The Legal Isomorphism in Indonesian Constitutional Amendment: Interplay Between Foreign Influence and National Identity Azhari, Aidul Fitriciada; Rizka, Rizka; Setiawati, Diana; Almira, Sekar Diah Ayu; Salmande, Ali
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.44109

Abstract

The post-authoritarian reform era in Indonesia (starting in 1998) was characterized by a push to democratize the state system, leading to the adoption of several foreign, democratic, or "globalized" constitutional concepts. This process demonstrates legal isomorphism where Indonesia aligned its constitutional framework with prevailing international democratic standards. This article analyses the patterns of legal isomorphism in the Indonesian constitutional amendment by examining the dynamic interplay between foreign influence and national identity. For that reason, the research aims to determine a legal isomorphism that can harmonize and balance both foreign influences and the desire for a national identity in the constitutional amendment in Indonesia. To achieve these objectives, the study employed a qualitative research method with a socio-legal and comparative law approach. The research finds three distinct patterns of coercive legal isomorphism concerning the constitutional amendment process in Indonesia. Meanwhile, comparatively, a mimetic isomorphism regarding unamendable provisions of basic structure can be considered for harmonizing and making a balance between foreign influences and national identity in the constitutional amendment. The novelty of this research lies in its identification and classification of legal isomorphism patterns within Indonesia’s constitutional amendments, providing a new perspective on how external legal influences interact with national identity. This study contributes to the broader discourse on constitutional development by offering a framework for analysing the complex relationship between global legal trends and domestic constitutional transformations.
The Criminalization of Civil Disputes: A Legal Analysis of the Application of Criminal Charges in Cases Involving State Finances Nurmalah Nurmalah; Hamzeh Abu Issa; Hendro Widodo; HD Djunaedi; Andhika Yuli Rimbawan
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.48749

Abstract

The phenomenon of criminalization of civil disputes involving state finances has created controversy in Indonesian legal practice. The unclear boundary between administrative-civil state losses and corruption has led to law enforcement practices that often exceed the principle of ultimum remedium. This paper aims to analyze the legal application of criminal charges in civil cases impacting state finances by examining the normative framework, court decisions, and the practice of calculating state losses by state auditors. This research uses a normative-doctrinal approach through analysis of laws, decisions of the Constitutional Court and the Supreme Court, and concrete case studies. The results of the study indicate that inconsistent definitions of "state losses" and the absence of standard calculation methods increase the risk of criminalization of acts that should be resolved administratively or civilly. This article recommends the need for standardization of audit methodology, strengthening the mechanism for claiming compensation for state losses in the administrative realm, and affirming the principle of ultimum remedium in prosecution policy.
The Enhancing Teacher Quality Through Educational Qualifications in Indonesia: A Study of Legal Politics Maryanto Maryanto; Bambang Sumardjoko; Muh Isna Nurdin Wibisana; Sharifah Osman
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.46594

Abstract

The quality of teachers is an essential factor in determining the efficacy of the national education system.  In Indonesia, measures to improve teacher quality have increasingly concentrated on elevating educational qualification standards, influenced by regulatory frameworks and political goals.  This study aims to examine the Legal Policies Regulating Teacher Education Qualifications and examine Directions for Achievement of Policies on Teacher Education Qualifications.  This research examines major legislation, including the Teacher and Lecturer Law, and approriate government policies to explain the achievements and weaknesses of these campaigns.  The research examines the political dynamics influencing educational reform, encompassing stakeholder interests, obstacles to policy execution, and the impact of decentralization.  Research indicates that although more rigorous qualifying criteria can enhance teacher proficiency, effective policy implementation and continuous professional development are crucial for enduring advancement.  The novelty of this research lies in the integrative effort to align the national educational legislative framework with educational best practices as the foundation for improving the quality of teaching across Indonesia.
Legal and Spatial Perspectives on Sustainable Built-Up Land Conversion Control in Pekanbaru Wirawan, Bayu Andrianto; Siregar, Yusni Ikhwan; Sukendi, Sukendi; Mulyadi, Mulyadi
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.45024

Abstract

The rapid expansion of built-up land, measured as Impervious Surface Area (ISA), in Pekanbaru City has raised concerns about urban sustainability and regulatory compliance. This study develops a sustainable control model for built-up land growth integrating normative-legal and empirical-spatial perspectives. Using the Spatial Sustainability Assessment Model (SSAM) and GIS, 702,556 raster pixels of spatial data were analyzed, and systematic sampling generated 76 sample points for logistic regression analysis. Sixty-seven independent variables were examined, comprising biophysical (12), social (31), and economic (24) factors. Ensemble machine learning models, particularly CatBoost with GoldenFeatures, were applied to predict ISA growth and identify key drivers, including urban land values, population density, and the location of health and education facilities. Findings indicate that weak enforcement of relevant laws and regional regulations exacerbates unregulated land conversion. The study provides actionable insights for local governments, recommending stricter zoning enforcement, alignment with environmental laws, and targeted monitoring of high-risk areas to achieve sustainable urban growth. It recommends using the model for risk-based monitoring, enabling a shift from reactive penalties to proactive zoning enforcement to achieve sustainable urban growth.
The Settlement of Children's Cases Through Diversion: Role of Leader Community for Justice Lubis, Muhammad Ansori; Nurita, Cut; Sanni, Tajudeen
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.46436

Abstract

The prison punishment model makes law enforcement behavior only oriented towards punishment, so that the concept of diversion is only used as an option, without considering the importance of the success of its implementation, this study is expected to produce objectives to determine, analyze and study the role of the community in resolving cases of children in conflict with the law through diversion. This study used a socio-legal approach. The results of the study state that, Diversion, as part of restorative justice, aims to restore the condition of victims and perpetrators, and repair relationships damaged by criminal acts, not just to impose punishment. In addition, the issue of child criminal cases can also be resolved through non-formal mechanisms based on standard guidelines. Forms of non-formal handling can be carried out through diversion as a mediation process facilitated by law enforcement at every level. In the case of Children in Conflict with the Law, necessary to present community leaders to provide considerations for the success of diversion so that it achieves the value of justice.
Legal-Philosophical Dimensions of Social Justice and Utilitarianism in Determining the Regional Minimum Wage of Banten Province Ahmad Zaini; Sholahuddin Al Ayubi; Arif Rahman; Entol Zaenal Muttaqin; Ida Mursidah; Nita Anggraeni
Jurnal Hukum Vol 41, No 4 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v41i4.46451

Abstract

This study examines the extent to which the Provincial Minimum Wage embodies legally and philosophically grounded principles, including fair equality of opportunity, the difference principle, and the promotion of collective welfare. The study critically evaluates the 2025 Provincial Minimum Wage (UMP) policy in Banten, Indonesia, by examining its alignment with principles of normative justice, particularly Rawlsian distributive justice and utilitarian welfare maximization, alongside workers’ perceptions of wage adequacy and fairness. Using a mixed-methods approach that combines critical-philosophical analysis with descriptive quantitative techniques, the study integrates normative assessments of wage regulations, including Governor Decree Number 456/Kep.292-Huk/2024 and relevant labor laws, with survey data from 103 formal sector workers in Banten. The findings reveal a persistent gap between the policy’s objectives and worker’ lived experiences. From a Rawlsian perspective, the policy under-benefits the most economically vulnerable groups, while a utilitarian analysis suggests that the current system does not fully maximize collective welfare. Many respondents considered their wages insufficient for basic living expenses, with incentives and bonuses lacking transparency.

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