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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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The Legal Policies Based Ecoregion Waste Handling in the Bengawan Solo River Absori Absori; Valisher Sapayev; Endah Pujiastuti; Mohammad Indra Bangsawan; Trias Hernanda
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.v41i4.46504

Abstract

The decrease in Bengawan Solo River’s water quality threatens the livelihood of the people living around this river, considering that it is one of the sources of their livelihood. There has been large-scale pollution in the upstream area of Bengawan Solo River caused by alcohol waste, carcasses of pig cattle, and wastewater from textile factories that were not processed in the wastewater processing installation. The aim of this research is to analyze how the ecoregion methods can be applied and how it kan became solution in managing the Bengawan Solo River to free from the threat of waste pollution.. Methods: This research employed the sociological method, where the authors collected field data from seven districts or regencies. The primary data were sourced from  observation and interviews, while the secondary data consisted of regulations, laws, etc. These data were descriptively analyzed to illustrate policies for handling waste. Waste processing issues happen in almost every area in Indonesia. Findings: Even though legal instruments that govern this issue already exist, such an issue cannot be resolved through the regulations of one city or regency. Thus, there is a need for inter-regency regulations. There needs to be a new concept to help protect this river, which is the ecoregion approach.
Legal Protection of Intellectual Property for Digital Works by Utilizing Emerging Technologies Bernard Nainggolan; Agus Joko Pramono; Stefan Koos
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.v41i4.40811

Abstract

The advancement of digital technology has transformed access to information and creativity, enabling widespread distribution of digital works. However, this ease of access has led to significant challenges in enforcing Intellectual Property Rights (IPR), particularly in Indonesia, where legal frameworks like Law Number 28 of 2014 on Copyright and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions are tested by rampant digital infringements. This study examines the adequacy of existing Indonesian legal frameworks in protecting IPR in the digital era, focusing on gaps in enforcement and regulatory adaptation to emerging technologies such as streaming platforms and Non-Fungible Tokens (NFTs). Using a normative juridical method, this research analyzes relevant statutes, case law, and legal doctrines to assess their effectiveness in addressing digital IPR violations. The findings reveal that while Indonesia has a robust legal foundation, enforcement remains weak due to limited public awareness and inadequate mechanisms for addressing digital-specific infringements. This study emphasizes the need for regulatory reform, enhanced enforcement mechanisms, and targeted education to strengthen IPR protection, fostering innovation and economic competitiveness in Indonesia’s digital landscape.
Legal Frameworks and Bilateral Cooperation in Combating Human Trafficking on the Indonesia–Malaysia Border Oktavian, Alif; Heryadi, R. Dudy; Darmawan, Wawan Budi; Sari, Deasy Silvya
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.48876

Abstract

This research aims to examine human trafficking along the Indonesia–Malaysia border in Kalimantan and analyze how bilateral cooperation in border management addresses this issue. Using a qualitative descriptive approach within a normative legal framework, the study finds that human trafficking in Kalimantan is driven by several key factors, including geographic location, cultural ties, economic pressures, and government policies. Border areas such as Entikong, Aruk, and others are particularly vulnerable due to their proximity to Malaysia and strong cross-border ethnic connections. Economic factors, especially limited job opportunities in Kalimantan, push Indonesian migrant workers to seek employment in Malaysia, which offers better income and work options. Government policies, including ratification of international conventions and the establishment of a Task Force, face challenges in implementation. Effective handling of human trafficking requires strong cooperation between Indonesia and Malaysia, including joint patrols, intelligence sharing, joint training programs, collaboration with NGOs, and the development of operational protocols to strengthen border management and protect vulnerable populations.
The Legal System for Professional Discipline of Medical Personnel: Constructing Justice and Dignity Jaka Kusnanta Wahyuntara; Noor Saleh Ali Alzyoud; Majd Almanasra; Atik Nurfatmawati
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.v41i4.49126

Abstract

The medical professional discipline grants the Minister too broad authority to add types of disciplinary violations without clear boundaries. This study aims to analyze the regulation of the Minister of Health's role in the provisions regarding the medical professional discipline in Indonesia, which is currently not based on dignified justice. This study uses a socio-legal research approach. The results show that the regulation of the Minister of Health's role in the medical professional discipline is considered not based on dignified justice because it grants the Minister too broad authority to determine additional types of violations without adequate oversight mechanisms, thus creating legal uncertainty. Substantial, structural, and cultural weaknesses include the potential for unilateral expansion of norms, low competence of officials in the field of health law, and a culture that weakens social control. Therefore, reconstruction is needed by transferring the authority to determine types of violations from the Minister to an independent professional institution, following the Singaporean SMC model adapted to Indonesia's constitutional character, in order to build a more accountable, fair, and dignified disciplinary system.
Legal Validity of Electronic Summons in Indonesia’s Civil Procedural Law: A Study of Supreme Court Regulation No. 7 of 2022 Dody Novizar Mardyansyah; Sukarmi Sukarmi; Adi Kusumaningrum; Yenny Eta Widyanti
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.v41i4.45276

Abstract

Digital transformation in Indonesia’s judicial administration is reflected in the implementation of the electronic justice system, particularly through the regulation of e-summons. However, in practice, the e-summons mechanism intersects with the principles of legality and propriety of relaas (summons) as regulated under civil procedural law. This article examines the legal validity of electronic summons as regulated by Supreme Court Regulation Number 7 of 2022 within the framework of civil procedural law that remains guided by the HIR and RBg. It also analyzes legal issues arising from the delivery of summons through external parties, which raises concerns regarding authority, accountability, and procedural legitimacy. This study employs a normative legal research method, using statutory analysis, a conceptual approach to procedural law principles, and a comparative approach to electronic summons practices in several other countries. The findings reveal normative inconsistencies between conventional procedural law and recent digital regulations, as well as unresolved legal issues related to the involvement of third parties in delivering summons. These challenges highlight the need for a reformulation of civil procedural law that accommodates technological developments without undermining legal certainty and procedural justice.
Legal Responsibility of Medical Specialist for Illness or Death: The Essence of Justice Edi, Prasetyo; Laksana, Andri Winjaya
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.49705

Abstract

This study examines the legal liability of medical specialists who perform medical procedures beyond their scope of competence, resulting in patient morbidity or mortality. The issues analyzed include the essence of justice in the regulation of physician legal liability and the ideal formulation of legal policies in medical practice, particularly amidst the advancement of medical techniques. The research method employed is legal research using a socio-legal approach and explanatory specification. Data sources comprise primary and secondary legal materials, as well as empirical data in the form of complaints and decisions from the Indonesian Medical Discipline Honorary Council (MKDKI) that have attained legal finality, analyzed through descriptive qualitative methods. The results indicate that justice in physician legal liability must be understood as proportional justice, given the disparity in knowledge and authority within the therapeutic relationship between doctor and patient. Medical specialists may be held legally liable if proven to have committed competence violations, such as practicing beyond their authority, failing to refer patients, or providing inadequate medical care. This study emphasizes that physician legal liability is not solely based on the outcome, but rather on violations of professional standards, discipline, and the degree of negligence involved. Consequently, it is necessary to strengthen regulations and oversight mechanisms in medical practice to ensure patient safety and legal certainty for medical personnel.
Integrity of Women’s Bodies: The Urgency of Protecting Women from Catcalling as a Form of Symbolic Violence Tijow, Lusiana Margareth; Sagala, Rotua Valentina; Khaq, Akhsanul; Sobirov, Bobur
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.48831

Abstract

Catcalling has emerged as a pervasive form of symbolic violence in Indonesian public spaces, threatening women’s bodily integrity and limiting their freedom of movement. This study aims to analyze catcalling as an expression of patriarchal culture that reduces women’s bodies to sexual objects, examines its psychological, social, and physical impacts on victims, and evaluates gaps in the Indonesian legal system regarding verbal sexual harassment. Despite the harmful consequences, current regulations often fail to explicitly address verbal harassment in public spaces, and such behaviors are frequently considered trivial or tolerated as part of local customs. This research employs a normative and comparative legal approach, examining both Indonesian laws and international best practices to identify lessons that can inform more effective legal protections. The study also explores institutional mechanisms necessary to safeguard women’s rights and dignity. The findings indicate that catcalling contributes to fear, anxiety, trauma, and prolonged stress among women, reinforcing unsafe conditions and perpetuating gender inequality. The study underscores the urgent need for comprehensive, gender-just legal reforms that explicitly criminalize verbal harassment, provide adequate remedies for victims, and promote public awareness.
The Reconstruction of Legal Protection Regulations for Tourists Based on Justice Value Budiman, Haris; Akhmaddhian, Suwari; Maulana, Rivan; Susanto, Agus; Pechinthorn, Komm
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.42194

Abstract

This research aimed to examine the legal protection available and to propose reconstruction of government regulations in legal protection for tourists in Mount Ciremai National Park in Indonesia based on the principles of justice. The methodology used was socio legal research analysis. The results showed that legal protection for tourists in Mount Ciremai National Park area was supported by Islamic law, specifically referenced in the Qur'an, Surah Al-Tawbah, verse 6, as well as by various Indonesian laws and regulations. These included Law on Tourism, Kuningan Regency Regional Regulation on Tourism Implementation, Majalengka Regency Regional Regulation on Tourism Implementation, and Law on Consumer Protection. Furthermore, the proposed reconstruction of government regulations included the inclusion of a new article in Law on Tourism. This article would hold tourism entrepreneurs legally accountable for any losses resulting from the negligence of service personnel or deficiencies in infrastructure at tourist attractions. The research outlined two key discoveries where regulations governing tourism were established under existing tourism laws. Although these laws provided legal protection for tourists, the regulations did not address compensation for losses caused by the mismanagement of tourist attractions. The inclusion of these provisions would significantly enhance the legal framework for safeguarding tourists.
Post-Reform Defense Sector Legal Policy: The Principle of Civil Supremacy Sudarto, Sudarto; Rahmawati, Siti Zaynul
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.49704

Abstract

This study examines Indonesia's national defense legal politics in the post-reform era in safeguarding national sovereignty amidst the dynamics of globalization and strategic environmental changes. Utilizing a normative political law research method with a legislative and historical approach, the study analyzes the direction and nature of defense policy through the review of the 1945 Constitution of the Republic of Indonesia (after the amendments), Law No. 3 of 2002 on National Defense, and various related regulations, including policies on budgeting, military force management, and defense sector reform. The findings show that post-reform defense legal politics seeks to assert civilian supremacy over the military, return the Indonesian National Armed Forces (TNI) to its primary defense function, and build a democratic, professional, and accountable defense system. However, policy implementation still faces various challenges, including weak synchronization of legislation, budget limitations and modernization of defense equipment, suboptimal parliamentary roles in legislation and oversight, and high corruption risks in the defense sector. This study recommends strengthening the defense regulatory framework, enhancing the capacity and integrity of the legislative and executive institutions, strengthening the national defense industry, and improving budget governance and transparency as prerequisites for realizing defense legal politics that can ensure national sovereignty and security in a sustainable manner.
Protection Policy for Breastfeeding Mothers: An Insight from Midwife Ethical Code and Breastfeeding Rights Budiono, Arief; Iriani, Dewi; Mustaffa, Aminuddin; Soekiswati, Siti; Al Mamun, Abdullah
Jurnal Hukum Vol 42, No 1 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i1.46505

Abstract

Midwives are legally required to support postpartum women in exercising their right to breastfeed. In practice, many midwives provide formula milk, ignoring the mother's right to breastfeed and potentially harming both mother and baby. The purpose of this paper is to investigate the legal and ethical considerations surrounding midwives and mothers in relation to breastfeeding rights, emphasizing the need for transparency between midwives and mothers. This research uses empirical methods and a qualitative approach. The findings in this paper indicate that mothers are willing to provide informed consent, including information about any conditions that prevent breastfeeding immediately after delivery. Health Law Number 17 of 2023 mandates exclusive breastfeeding and imposes strict sanctions for those who prohibit breastfeeding without medical reasons. Despite this regulation, some midwives still provide formula milk with the verbal consent of postpartum mothers for medical reasons without adequate medical examination.

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