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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 246 Documents
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The Femicide in Indonesia: Critical Analysis and Innovative Legal Reconstruction Ainal Mardhiah; Rizanizarli Rizanizarli; Iskandar A. Gani; Sri Walny Rahayu; Mohammad Nasr Khater
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.v42i1.45735

Abstract

The purpose of this study is to examine the legal vacuum surrounding femicide in Indonesia and to urge legal reform to address this most extreme form of gender-based violence. Femicide, the killing of women for gender reasons, is not explicitly recognized in Indonesian positive law and is still processed under general murder provisions, thus ignoring the structural and gender dimensions of the crime. The research method used is a normative juridical method as well as a conceptual and comparative approach. The results of the study show that although femicide cases are increasing and judges are starting to consider gender motives as an aggravating factor, the absence of specific regulations leads to inconsistent legal protection and opens up opportunities for impunity. This article proposes three forms of legal reconstruction: the creation of a specific femicide crime or its recognition as an aggravating factor, the development of gender-based sentencing guidelines, and the development of technical judicial guidelines that ensure contextual interpretation of gender-based violence. These reforms are necessary to achieve substantive justice, legal certainty, and fulfill Indonesia's constitutional and international obligations to eradicate violence against women.
The Urgency of Arbitration Failure: Reconceptualizing the Construction of Industrial Relations Arbitration Yati Nurhayati; Ifrani Ifrani; Nahdhah Nahdhah; M.Yasir Said; Martine Flipse
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.v42i1.47129

Abstract

Industrial relations arbitration remains limited and has not yet become a primary option for disputing parties. The purpose of this study is to reconceptualize Industrial Relations Arbitration with a focus on procedural and institutional reform. This study begins with more fundamental principles, taking into account the dimensions of worker protection and the urgent need for institutional restructuring of Industrial Relations Arbitration. The research method used is doctrinal legal research with a prescriptive-analytical approach, combining conceptual, legal, and case-based approaches. The findings reveal several problems, such as the limited scope of disputes that can be submitted and the scarcity of qualified arbitrators. The reconceptualization of Industrial Relations Arbitration offers a solution by expanding the absolute competence of arbitration forums to cover all types of labor disputes. This will optimize the forum for resolving disputes between employers and workers as well as conflicts between trade unions. Furthermore, restructuring the institutional framework of Industrial Relations Arbitration is crucial. The establishment of a competent and independent arbitration body will increase the attractiveness and quality of dispute resolution, with the fundamental principle of maintaining harmonious and sustainable industrial relations.
The Marriage Law Reform in The Global Era: Integrating Human Rights into Family Law I Nyoman Sujana; Nur Fareha; Jawade Hafidz; Indriana Masru’iyati Salma Izzah; Mazhab Mursida Zidan
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.v42i1.48618

Abstract

The purpose of this study is to examine marriage law reform in the global era, emphasizing the integration of human rights principles into family law. This study focuses on how marriage law can respond to the demands of globalization, gender equality, and the protection of vulnerable groups. This study uses a juridical-normative approach and comparative methods through a review of laws and regulations, court decisions, and ratified international instruments. The analysis focuses on practices in Indonesia and Southeast Asian countries, particularly Malaysia and the Philippines. This study reveals that Indonesia still places religion as the primary basis for marriage legality, Malaysia faces the complexity of dualism between Islamic law and civil law, while the Philippines is relatively progressive in adopting human rights principles despite still being influenced by Catholic doctrine. This study contributes to the family law literature by offering an integrative perspective that emphasizes the importance of marriage law reform that is responsive to local values while aligning with global human rights standards. These findings have strategic implications for the development of family law policy in Southeast Asia in the face of globalization and international standardization.
Structural Inequality of Land Ownership in Indonesia: A Justice-Based Legal Perspective Agung Iriantoro; Junimart Girsang; Suwarno Suwarno
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.v42i1.47808

Abstract

Structural inequality in land ownership remains a pressing issue in Indonesia, where control over vast land areas is concentrated among corporations and elites, while many communities continue to face limited access to agrarian resources. This condition contributes to poverty, social vulnerability, and recurring agrarian conflicts across regions. This research aims to analyze the phenomenon of structural inequality in land ownership through a justice-based perspective, examining its root causes and assessing the effectiveness of existing agrarian policies. Using a normative juridical method with statute and conceptual approaches, the study reviews legal frameworks, policy documents, and academic literature to provide a comprehensive evaluation. The findings indicate that overlapping regulations, weak recognition of customary rights, pro-investment legal reforms, and limited public participation have hindered equitable land governance. Agrarian Reform policies have also fallen short, particularly in achieving meaningful redistribution, strengthening community rights, and providing adequate conflict resolution mechanisms. The study concludes that reducing structural inequality requires strengthening justice-oriented legal norms, improving coherence among agrarian regulations, enhancing recognition of local and customary rights, and ensuring more inclusive participation in policy implementation.
Reconstruction of the Guilt Concept in the 2023 Indonesian Criminal Code from a Neurolaw Perspective Kartono Kartono; Sophan Y. Warnasouda; Sri Humana Lagustiani; Soeryaniati Koesoemo; Sri Hastuti; J. Aminullah Alwahdy; Ulang Mangun Sosiawan; Bhanu Prakash Nunna
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.v42i1.48576

Abstract

This study examines the reconstruction of the guilt concept in the 2023 Indonesian Criminal Code through a neurolaw perspective. Employing doctrinal legal research with an interdisciplinary approach, it analyzes Law Number 1/2023, neurolaw publications from international journals, and recent Supreme Court decisions (2023–2025) through thematic and conceptual analysis. The findings reveal three principal issues. First, Articles 17, 35, 38, and 39 contain progressive provisions but lack neuroscientific specificity, creating interpretive gaps: undefined “ability” (Article 17), unspecified “impairment” threshold (Article 35), and exclusive reliance on traditional psychiatric categories (Articles 38 and 39). Second, analysis of court decisions reveals significant interpretive disparity in cases involving mentally disordered defendants. Neuroscientific evidence demonstrates that prefrontal cortex impairments compromise moral decision-making and impulse control, supporting a spectrum-based understanding of guilt. Third, integrating neurolaw would provide objective criteria for assessing cognitive and volitional capacity across the graded framework of Articles 38 and 39. This study is the first to systematically integrate international neurolaw literature with doctrinal analysis of the 2023 Criminal Code, offering interpretative guidance for key articles and an implementation roadmap for Indonesian criminal justice aligned with the ultimum remedium principle.
Regulatory Coherence and Accountability in Indonesia’s National Health Insurance: A Doctrinal and Stakeholder Analysis Nurul Istiqomah; Izza Mafruhah; Norlida Hanim Mohd Saleh; Dewi Ismoyowati; Alif Ksatria Firdausi AI
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.v42i1.40737

Abstract

This article examines the regulatory coherence and accountability of Indonesia’s National Health Insurance (JKN) within the framework of constitutional and administrative law. It addresses two principal legal questions: whether the JKN regulatory structure demonstrates hierarchical consistency within Indonesia’s system of laws, and whether its governance design particularly in relation to the referral system and the arrears regime complies with principles of legal certainty, proportionality, and accountability. Using a doctrinal legal approach supported by stakeholder mapping through the MACTOR framework, the study evaluates both normative structure and institutional interaction. The findings indicate that the JKN framework is formally consistent with constitutional mandates and statutory delegation under the SJSN Law and the BPJS Law. However, horizontal regulatory harmonization remains incomplete, particularly regarding the interaction between hospital classification regulations and BPJS referral policies. Moreover, the arrears enforcement mechanism, while legally grounded in mandatory participation, lacks sufficiently clear criteria to distinguish inability to pay from non-compliance. The study concludes that targeted amendments to implementing regulations and the establishment of formal administrative dispute-resolution mechanisms are necessary to strengthen proportional enforcement, regulatory coherence, and institutional accountability within the JKN system.
Legal Governance for Extreme Poverty Reduction: Advancing Justice through Participatory Public Policy M. Yulian Akbar; Hardi Warsono; Teguh Yuwono; Bangkit Aditya Wiryawan
Jurnal Hukum Vol 42, No 2 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i2.52409

Abstract

This study examines extreme poverty alleviation in Pekalongan Regency from a legal governance perspective by integrating normative and empirical analyses. It addresses the gap between Indonesia’s comprehensive legal framework and its implementation at the local level. Using a normative empirical juridical approach, the study analyzes the 1945 Constitution, Law Number 25 of 2004, Law Number 23 of 2014 as amended by Law Number 6 of 2023, Presidential Regulation Number 15 of 2010, and Presidential Instruction Number 4 of 2022, alongside their implementation in poverty reduction policies. The findings show that Indonesia has a strong normative foundation for poverty alleviation through social protection programs, including PKH, JKN, PIP, food assistance, and Village Funds. However, implementation remains dominated by an administrative approach, while justice, accountability, transparency, and public participation have not been fully institutionalized. The Pekalongan case reveals persistent problems, including inaccurate beneficiary data, institutional fragmentation, limited transparency, and weak public participation. The study concludes that strengthening legal governance through integrated welfare data, outcome-based accountability, digital transparency, and meaningful community participation is essential for achieving more just, effective, and sustainable extreme poverty alleviation.
Electronic Medical Records: between Legal Certainty and Legal Benefit Francisca Romana Harjiyatni; Majd Almanasra; Lucky Isti Gupitasari
Jurnal Hukum Vol 42, No 2 (2026): Jurnal Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Medical Records system to improve the quality of health services. Health care facilities that do not implement E-Medical Records are subject to administrative sanctions. This study aims to analyze the implications of E-Medical Records on improving health services and examine the enforcement of sanctions against health care facilities. This study is a doctrinal study, with data obtained through a literature review. The results of the study were analyzed qualitatively. The research findings show that there are still many health care facilities that have not implemented E-Medical Records, resulting in their inability to improve the quality of health services. The mandatory implementation of E-Medical Records and the accompanying sanctions are not yet fully appropriate for all health care facilities throughout Indonesia. It is necessary to implement sustainable actions to improve the quality of health services.
The Reassessing State Loss Calculations: Limited Authority of BPKP & Public Accountant Findings in Corruption Cases Sulistyowati Sulistyowati; Haniff Ahamat; Rumainur Rumainur; Dewi Nadya Maharani
Jurnal Hukum Vol 42, No 2 (2026): Jurnal Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i2.40330

Abstract

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The Rescue of State Financial Losses: A New Paradigm of Law Enforcement Bastian Lubis; Burhan Alsyouf; Hendro Widodo
Jurnal Hukum Vol 42, No 2 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i2.49275

Abstract

Corruption causes state losses that hinder the realization of national goals. The criminal justice system, which still relies on a retributive paradigm, has proven incapable of recovering state losses or preventing corruption. The purpose of this study is to analyze the urgency of recovering state losses as the primary focus of addressing corruption crimes and to propose a formulation for state financial savings based on the value of justice. The results show that a retributive approach only exacerbates the burden on the state budget through case handling costs and overcrowding in correctional institutions, while asset recovery from corruptors is disproportionate to the losses suffered. A restorative justice approach that emphasizes the recovery of state losses has the potential to be a more efficient and equitable alternative, in line with practices in countries such as the Netherlands that prioritize recovery of losses and out-of-court settlements. This study offers a novel approach in the form of the need for regulatory reconstruction that allows for the termination of prosecution or the elimination of criminal penalties for perpetrators who return all state losses, representing a paradigm shift from retributive justice to restorative justice.

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