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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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Toward a Victim-Oriented Digital Justice Model: Legal Protection for Personal Data Misuse Under the Personal Data Protection Law Nur Khalimatus Sa’diyah; Raden Besse Kartoningrat; Umi Enggarsasi
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.v42i2.48829

Abstract

This study examines legal protection for victims of personal data misuse in Indonesia within the context of Society 5.0 by addressing three objectives: analyzing existing legal protections under the Personal Data Protection (PDP) Law, identifying gaps between normative regulation and law enforcement practice, and formulating a victim-oriented digital justice model. Using a normative and conceptual approach, this study analyzes Law Number 27 of 2022 and related regulations through qualitative descriptive methods. The findings reveal significant structural weaknesses in Indonesia’s personal data protection regime. Normatively, the PDP Law has not explicitly positioned victims as rights-bearing subjects entitled to restitution, compensation, and digital rehabilitation. Practically, enforcement remains compliance-oriented, relying heavily on administrative sanctions while neglecting victims’ access to justice, redress, and recovery. Institutional fragmentation, limited evidentiary access, and the absence of an independent data protection authority further weaken victim protection. This study proposes a victim-oriented digital justice model that integrates rights-based enforcement, restorative justice principles, and international human rights standards, particularly the UN Basic Principles on Remedy and Reparation. The model emphasizes legal recognition of victims, effective access to justice, and comprehensive redress mechanisms to ensure meaningful protection and restoration of victims’ rights in the digital era.
Law Reform on Severance Pay Due to the Global Economic Crisis and the Impact of War: The Value of Justice Gunarto Gunarto
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.v42i2.52376

Abstract

This study aims to analyze the legal issues related to severance pay arrangements in termination of employment due to the global economic crisis, examine comparative worker protection after termination of employment due to the global crisis, and formulate a legal reconstruction of severance pay funds based on justice. The research method used is doctrinal legal research. The results of the study indicate that severance pay remains a worker's right arising from termination of employment and cannot be replaced by Job Loss Insurance, because Job Loss Insurance only functions as additional protection after termination of employment. The comparative study shows that worker protection can be strengthened through unemployment insurance, vocational training, job placement services, and a special fund for the garment sector collected from export activities. The legal reconstruction of severance pay funds in Indonesia should be directed at establishing mandatory severance savings during employment, providing emergency funds for the garment sector, strengthening Job Loss Insurance benefits, and strict verification of crisis-related reasons used by companies in carrying out layoffs, so that the burden of risk can be shared fairly between workers, employers, and the state.
Comparison of Super-Profit State Business Entities Law Based on Justice Values Slamet Edy Purnomo; Serhii Vitvitskyi; Viacheslav Davydenko; Dian Pramana
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.v42i2.39455

Abstract

State-Owned Enterprises in Indonesia bear a dual burden as development agents that prioritize public service and, at the same time, as business entities required to generate substantial profits. A paradox arises when SOEs record massive profits, while society continues to experience economic injustice caused by tariffs, interest rates, or monopolistic prices that create public burdens. This article aims to reconstruct SOE regulations based on justice values so that the orientation toward super-profit does not undermine public welfare. This study employs a doctrinal legal research method using statutory, conceptual, and comparative legal approaches to state business systems in Singapore, Norway, and China. The study finds that a clear separation or a profit-distribution formula is needed so that SOE profits can be transparently returned to the public through public subsidies. The reconstruction of SOE regulations should be directed toward separating commercial SOEs from public-service SOEs, regulating profit-margin limits in essential sectors, and allocating a portion of super-profit SOE dividends to public welfare programs. Such reform positions SOEs as financially sound business entities while also serving as instruments of distributive justice in accordance with the mandate of Constitution.
The Amicus Curiae of the Indonesian Advocates Association : Challenging the Rigidity of Criminal Procedure Law Fauziah Lubis; Sayyid Al Umam Sitepu; Nur Syakirah
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.v42i2.42906

Abstract

This study aims to measure the impact of the Indonesian Bar Association's submission of an amicus curiae brief on public trust in criminal trial outcomes and to explain the social mechanisms behind this impact. Using normative juridical methods, this study finds that the Indonesian Bar Association's role as an amicus curiae has three significant social impacts on the criminal trial process in Indonesia. Media publicity is a necessary prerequisite. The social impact of the Indonesian Bar Association's amicus curiae brief is not inherent in the legal document itself, but arises from the interaction between professional legal intervention and public communication. For policy, this means that bar associations in civil law jurisdictions should integrate the drafting of legal documents. These findings provide evidence that non-state legal actors can restore institutional legitimacy through structured third-party intervention. For policy, this study offers a replicable model for advocate associations in civil law jurisdictions that seek to improve public accountability without sacrificing judicial independence. The role of the Indonesian advocate association in amicus curiae in the future can encourage Substantive Justice, thereby helping judges to understand the sense of justice that lives in society, so that decisions do not merely uphold the law procedurally.
Customary Law as Living Law in Environmental Forest Governance: A Sociology of Law Perspective on Legal Pluralism T. Romi Marnelly; Resdati Resdati; Dian Kurnia Anggreta; Defri Yoza; Seger Sugiyanto
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.v42i2.46995

Abstract

This study examines the role of customary law in governing the Ghimbo Pomuan Customary Forest in the Kampa Region, Indonesia, within an environmental socio-legal framework. It investigates how customary law functions as a living legal system and how it interacts with state forestry regulations and village governance under conditions of legal pluralism. A qualitative socio-legal approach was employed, combining doctrinal legal analysis and empirical fieldwork. Data were collected through in-depth interviews, participant observation, and document analysis, and analyzed using Miles and Huberman’s interactive model with thematic coding. Theoretically, the study draws on living law, legal pluralism, and cultural ecology perspectives. Findings show that customary law in Kenegerian Kampa operates as a dynamic normative system grounded in Adat Bersendikan Syara and Syara Bersendikan Kitabullah, and institutionalized through ecological norms, sanctions, and the tigo tungku sajorangan coordination mechanism. However, its interaction with state law reveals structural tensions and institutional fragmentation between forestry and village governance. Although Constitutional Court Decision No. 35/PUU-X/2012 and Ministerial Regulation No. 9 of 2021 formally recognize customary forests, implementation remains weak and disjointed. The study concludes that the key challenge is not legal recognition but insufficient institutional integration across governance levels, limiting the effectiveness of customary forest governance.
Reconstructing Copyright Protection for Artificial Intelligence-Generated Works Bernard Nainggolan; Suwarno Suwarno; Keisha Dearin Dafa
Jurnal Hukum Vol 42, No 3 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.53948

Abstract

The development of Generative Artificial Intelligence (AI) has transformed the process of intellectual creation and raised issues regarding authorship and copyright ownership. However, Law Number 28 of 2014 concerning Copyright is still based on the human authorship paradigm and therefore does not provide legal certainty for works produced with the help of AI. This study aims to analyze the adequacy of legal protection for AI works, identify weaknesses in the concept of creator in Indonesian copyright law, and formulate a Human-Centered Copyright Ownership model. The study uses a normative legal method with a statutory, conceptual, comparative, and case approach through an analysis of laws and regulations, international instruments, court decisions, doctrines, and scientific literature. The results of the study indicate that Indonesian copyright law still experiences a normative vacuum regarding the ownership of AI works and therefore is unable to provide legal certainty. As a novelty, this study offers a Human-Centered Copyright Ownership model that positions AI as a creative tool, while copyright ownership is determined based on substantial human creative contribution. This model provides more objective normative parameters for determining creators and copyright holders and serves as a basis for reforming the Copyright Law to achieve a balance between protecting human creativity, legal certainty, and technological innovation.
Legal Aspects of Determining Import Tax Rates for Foreign Products Based on WTO Provisions Wiwik Sri Widiarty; Mohammad Belayet Hossain
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.v42i2.53595

Abstract

Import taxation has become increasingly important as countries seek to protect domestic industries while complying with the legal framework of the World Trade Organization (WTO). In Indonesia, import taxes function as both a source of state revenue and an instrument for regulating international trade. This study analyzes the international legal framework governing import taxation under the WTO and the General Agreement on Tariffs and Trade (GATT) 1994, examines Indonesia’s legal framework, and evaluates the conformity of Indonesia’s import tariff regulations with WTO provisions. The research employs a qualitative normative legal method using statutory, conceptual, and historical approaches. The legal sources examined include the Agreement Establishing the WTO, GATT 1994, Law Number 7 of 1994 concerning the Ratification of the WTO Agreement, Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006, Law Number 7 of 2014 concerning Trade, and Law Number 17 of 2017 concerning the Protocol to Amend the Marrakesh Agreement. The findings indicate that Indonesia’s import taxation framework is generally consistent with WTO principles of non-discrimination, transparency, legal certainty, and trade facilitation. However, greater regulatory harmonization and consistent implementation remain necessary to strengthen compliance with international trade obligations while safeguarding national economic interests.
The Multiparty Trap in Indonesia's Presidential System: Between Democracy and Governmental Stability Anwar Anwar; Muhammad Ramadhana Alfaris; Halimatus Khalidawati Salmah; Immanuel St Credo
Jurnal Hukum Vol 42, No 3 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.44731

Abstract

The relationship between Indonesia's post-amendment presidential system and its multiparty configuration remains a key constitutional issue, as political fragmentation often impacts executive stability, coalition formation, and government effectiveness. This study aims to analyze the constitutional position of Indonesia's presidential system, compare it with the United States model, and examine the implications of the Constitutional Court's ruling on party system regulation and effective governance. This study applies normative juridical methods using legal and conceptual approaches. The findings indicate that the post-amendment Constitution has strengthened presidentialism by affirming direct presidential elections, fixed terms, and removal only through constitutionally limited impeachment procedures. However, Indonesia's multiparty system requires the President to build parliamentary coalitions that can produce policy compromises, pragmatic bargaining, and unstable legislative support. Compared with the United States, Indonesia has a more flexible separation of powers, as the President is directly involved in lawmaking with the House of Representatives. The Constitutional Court's ruling opens new directions for evaluating presidential nomination thresholds and parliamentary thresholds in relation to representation and stability. The study finds that party simplification cannot be achieved simply by restricting political participation, as excessive restrictions can diminish democratic representation
Toward Ecological Equity in the Developing Asean Carbon Market: A Comparative Legal Analysis of Regulatory Reform Alya Maya Khonsa Rahayu; Adi Sulistiyono; Sapto Hermawan; Seguito Monteiro
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.v42i2.48405

Abstract

The urgency of climate mitigation in Southeast Asia, particularly in Indonesia, Vietnam, Thailand, and Malaysia, drives the need for carbon market frameworks that balance economic goals with ecological equity. Despite rapid development, a significant research gap persists in integrating ecological justice principles, especially indigenous rights and equitable benefit-sharing. This study examines ASEAN carbon market regulations and proposes legal reforms for more inclusive governance. The main objective of this study is to analyze the extent to which ASEAN carbon market regulations accommodate ecological justice principles through a normative juridical approach and to propose targeted legal reforms. The findings reveal that ASEAN carbon market regulations have established a legal basis for emissions trading but remain fragmented in protecting indigenous rights, ensuring equitable benefit-sharing, and integrating ecological justice principles. This study contributes by developing a comparative normative framework that links ecological justice with regional carbon market governance. Normatively, this study proposes targeted legal reforms to strengthen ecological equity: mandatory FPIC for indigenous rights, enforceable benefit-sharing mechanisms, standardized social-ecological justice benchmarks in ASEAN’s carbon framework, and enhanced transparency through public registries. These reforms provide a legal foundation for harmonizing ASEAN carbon market governance while advancing equitable and sustainable climate mitigation.
Constitutional Review Mechanisms for Village Regulations in Indonesia Didik Sukriono; Alfan Bramantya; Sudirman Sudirman; Dewi Fortuna Sari; Neola Hestu Prayogo
Jurnal Hukum Vol 42, No 3 (2026): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.51827

Abstract

This article examines the effectiveness of constitutional control mechanisms applied to village regulations within Indonesia’s statutory system. Although village governments possess regulatory authority under Law Number 6 of 2014 on Villages, ambiguities remain regarding supervision and constitutionality testing of village regulations under Law Number 12 of 2011 and Law Number 23 of 2014. This research employs a socio‑legal study design combining doctrinal legal analysis with empirical field investigation. Empirical data were gathered by document analysis, focus group discussions, and interviews involving village and local administrators in several regencies in East Java. The study analyzes three mechanisms of constitutional control: executive preview and executive review conducted by regency governments, legislative review carried out by village institutions, and judicial review practiced by the Supreme Court. The findings demonstrate that, despite the existence of multiple supervisory mechanisms, their practical implementation remains weak and fragmented. Executive supervision often operates informally, legislative deliberation in villages is frequently less substantive, and judicial review mechanisms are rarely utilized due to limited legal awareness. Consequently, the effectiveness of constitutionality testing of village regulations remains low. This study contributes to constitutional review and decentralization literature by identifying legal and institutional barriers to effective village regulatory oversight.

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