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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 249 Documents
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CHALLENGE THE ASSERTION THAT MEMBERS OF THE INDONESIAN NATIONAL POLICE ARE ACTIVE IN CIVIL SERVICE Rais Firdaus Handoko; Widhi Handoko
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.50023

Abstract

The assignment of active members of the Indonesian National Police (Polri) to positions outside the police force is considered to have the potential to promote institutional neutrality and legal certainty. The purpose of this study is to analyze the position of active members of the Indonesian National Police (Polri) in civilian positions and to determine the direction of law enforcement in accordance with the principle of civilian supremacy and security function allowances from the government bureaucracy. The research method used is normative juridical. The results of the study indicate that Constitutional Court Decision Number 114/PUU-XXIII/2025 is a constitutional correction to the phrase in the Elucidation of Article 28 paragraph (3) of the Police Law which opens up space for the assignment of active members of the Indonesian National Police to positions outside the police force. The decision emphasizes that members of the Indonesian National Police who will occupy civilian positions must first resign or retire from the police service. This provision is important to maintain the neutrality of the Indonesian National Police (Polri), prevent the splitting of dual functions as occurred during the ABRI era, and ensure a clear boundary between law enforcement functions and government bureaucratic functions. Comparisons with the United States, the United Kingdom, Germany, and France show that political activities and external security apparatus positions are important principles in democratic countries, although the form of regulation differs according to the legal traditions of each country. This study recommends synchronizing the Police Law, the Civil Servant Law, and laws on special institutions such as the Corruption Eradication Commission (KPK), the National Narcotics Agency (BNN), and the National Counterterrorism Agency (BNPT), as well as establishing a permanent status transfer mechanism so that the expertise of the Indonesian National Police (Polri) can still be utilized without maintaining active police status.
CRIMINAL RESPONSIBILITY OF STATE APPARATUS IN THE ABUSE OF AUTHORITY TO BLOCK ONLINE GAMBLING SITES IN INDONESIA Muhammad Ridwan Lubis; Muhammad Ansori Lubis; Cut nurita; Rini Novita
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.52976

Abstract

Online gambling in Indonesia has developed into a digital crime that not only involves players, admins, promoters, or site managers, but can also involve state officials who have access to site blocking authority. Abuse of blocking authority becomes a serious legal issue because the authority that should be used to cut off access to gambling content can instead be used to protect certain sites from continuing to operate. This study aims to analyze the criminal law regulations regarding online gambling involving state officials, examine the forms of criminal liability of state officials for misuse of the authority to block online gambling sites, and formulate a model for strengthening supervision and enforcement of criminal law in controlling the digital space. This study uses a doctrinal legal research method with a statutory approach, a case approach, and a conceptual approach. The results show that the criminal law regulations regarding online gambling are based on the National Criminal Code, the ITE Law, the Civil Servant Law, the PP PSTE, the Ministry of Communication and Information Regulation on Private Sector PSE, and the Money Laundering Law. State officials can be held criminally liable if proven to have abused their authority, had malicious intent, contributed to the continuity of gambling sites, received benefits, or been involved in disguising the flow of gambling proceeds. The ideal enforcement model is implemented through access-based supervision, digital recording, audit trails, regular site checks, perpetrator-based law enforcement, electronic evidence, and tracing the flow of funds through a follow-the-money approach.
Legal Reform of Diploma Detention in Indonesian Industrial Relations: Balancing Contractual Freedom and Fundamental Rights Sugeng Santoso PN; Alivia Hasnanda Sakina Maheswari; Soeryaniati Koesoemo; Sri Humana Lagustiani; Kartono Kartono; Sri Hastuti; Andari Yurikosari; Unggul Prayudho Satriyo
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.v42i2.51121

Abstract

The practice of employers withholding workers’ educational diplomas has emerged as a significant labour law issue in Indonesia due to the absence of explicit statutory regulation governing the practice. This study examines the regulatory vacuum, its implications for workers’ fundamental rights, and the consistency of judicial responses to disputes concerning diploma detention. Using normative legal research with statutory and case approaches, the study analyses relevant legislation and 29 Indonesian court decisions involving civil and industrial relations disputes. The findings reveal that the current legal framework fails to provide adequate legal certainty, resulting in inconsistent judicial decisions. While many courts classify diploma detention as an unlawful act and prioritise substantive justice and worker protection, others rely on procedural formalities or contractual freedom to reject workers’ claims. The recent Minister of Manpower Circular Letter prohibiting diploma detention represents an important policy development but lacks the binding authority of statutory law. This study recommends amending the Manpower Law to explicitly prohibit diploma detention and introduce enforceable administrative and criminal sanctions in order to strengthen legal certainty, judicial consistency, and the protection of workers’ fundamental rights.
Right of Navigation v. Freedom of Navigation: Balancing Rights and Obligation in Archipelagic Sea-lane Passage Enny Narwati; A Indah Camelia; Lina Hastuti
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.47212

Abstract

This article examines the tension between an archipelagic State’s right to regulate navigation and the international community’s freedom of navigation within designated sea lanes. It aims to assess how UNCLOS Part IV balances coastal State sovereignty with the entitlement of foreign vessels to continuous and expeditious passage, using Indonesia’s Archipelagic Sea Lanes Passage (IASP/ALKI) regime as a case study. Employing normative legal research, the study analyzes primary sources such as UNCLOS 1982 provisions and national implementing legislation, and reviews scholarly commentary, case law, and policy documents to identify doctrinal foundations and practical state practice. The findings reveal that while UNCLOS articulates a calibrated framework granting archipelagic States non‑discriminatory regulatory authority over designated lanes and guaranteeing foreign vessels regulated transit, gaps remain regarding environmental enforcement during passage and the legality of route deviations. The study concludes that clarifying Part XII obligations as lex generalis for marine environment protection, together with precise national regulations and cooperative dispute‑settlement mechanisms, is essential to reconcile security concerns, environmental stewardship, and the rule‑based freedom of navigation. 
Sustainable Government and the SDGs: A Bibliometric Analysis and Thematic Evolution of Public Sector Sustainability Research (2016–2025) Simon Saimima; Andy Fefta Wijaya; Endah Setyowati; Benny Hutahayan
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.51499

Abstract

This study maps the intellectual structure, thematic evolution, and knowledge production landscape of sustainable government research related to the Sustainable Development Goals (SDGs). It applies a bibliometric and science-mapping approach to analyze 347 English-language journal articles indexed in Scopus between 2016 and 2025. Data are analyzed using Biblioshiny/Bibliometrix and VOSviewer to examine publication trends, citation impact, leading authors, institutions, countries, and conceptual structures through co-occurrence and thematic mapping analyses. The results show rapid growth in scientific production, particularly after 2020, indicating increasing scholarly attention to SDG-oriented governance. Citation impact is higher among earlier publications, reflecting their foundational role in shaping the field. Knowledge production is geographically concentrated, led by China, Indonesia, the Netherlands, the United States, and Australia, supported by leading institutional hubs such as the Copernicus Institute of Sustainable Development and major universities in Asia and Europe. Conceptually, governance integration, SDGs, and climate change emerge as motor themes, while sustainability functions as a foundational theme connecting governance, accountability, and policy implementation. Digital transformation and institutional innovation emerge as key enabling themes supporting sustainable governance. This study contributes by consolidating fragmented literature into an SDG-centered governance framework and provides insights into the field’s intellectual structure, thematic maturity, and future research directions.
Reformulation of the Authority of the Deposit Insurance Corporation (LPS) within the Framework of the P2SK Law Diana Napitupulu; Inri januar
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.51285

Abstract

The stability of the financial system constitutes a fundamental prerequisite for sustainable economic development and public confidence in the banking sector. In Indonesia, this objective has been reinforced through the enactment of Law No. 4 of 2023 on Financial Sector Development and Strengthening (the P2SK Law), which introduces comprehensive reforms to the regulatory and institutional framework governing financial system stability. One of the most significant aspects of this reform is the reformulation of the authority of the Deposit Insurance Corporation (Lembaga Penjamin Simpanan/LPS), particularly in relation to bank resolution and crisis management mechanisms.This study aims to examine the reformulation of LPS authority under the P2SK Law and to analyze its legal implications for the financial safety net framework in Indonesia. The research employs a normative legal method, utilizing statutory, conceptual, and comparative approaches. Primary legal materials consist of relevant legislation and implementing regulations, while secondary materials include scholarly legal journals and authoritative doctrinal sources. A comparative analysis with deposit insurance institutions in selected jurisdictions is also conducted to provide contextual insight.The findings demonstrate that the P2SK Law significantly expands and restructures the authority of LPS, notably by strengthening its role in early intervention, bank resolution planning, and the handling of both systemic and non-systemic banks. This reform reflects a shift toward a more proactive and integrated crisis management model within the Financial System Stability Committee framework. However, the expansion of authority also raises legal concerns regarding the potential overlap of mandates among financial authorities, the preservation of institutional independence, and the adequacy of accountability mechanisms.The study concludes that the reformulation of LPS authority under the P2SK Law has the potential to enhance the effectiveness of financial crisis management and to reinforce financial system stability. Nevertheless, the success of this reform depends on the clarification of authority boundaries, the harmonization of inter-institutional coordination, and the strengthening of legal safeguards to ensure transparency and accountability.
THE ROLE OF THE JUDICIARY JORDANIAN AND THE INTERNATIONAL CONVENTIONS IN PROTECTING THE ENVIRONMENT: IS THERE ANY SPECIALIZED COURTS TO ACHIEVE ENVIRONMENTAL JUSTICE? Ali AL-Hammouri; Tareq Al-Billeh; Mohammad Al Makhmari; Anis Mashdurohatun; Dedi Wahyudi; Khalid Dadda
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.51098

Abstract

This study analyzes the role of the judiciary in protecting the environment through the administrative courts’ authorities by cancelling the final administrative decisions which violate the environment, or what is exercised by the administrative courts oversight and controlling over authorities, the jurisdictions enjoyed by the criminal courts through fighting the environmental crimes, moving the public prosecution to initiate a public suit against the environment criminals. In this article, we will follow the analytical methodology by analyzing the texts of the Jordanian Administrative Judicial Law, and indicating that administrative disputes are not subject to the supervision of administrative courts, in addition to analyzing the provisions of the Jordanian Environmental Protection Act which referred the determination of criminal matters to the Criminal Court In the event of a claim for environmental damage, the Civil Court is competent to consider it. This paper focuses on not having a judiciary specialized in seeing through the environment cases, which consequently limits the environment justice. This study concluded that there must be environmental courts to guarantee environment legal protection and environmental human rights. This can be achieved through juridical specialized in environmental cases.
Judicial Inconsistency in Corruption Cases in PT Timah's Verdict in Bengkulu Asmak ul Hosnah; Weldy Jevis; Jasmin L.Parreno
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.44817

Abstract

Abuse of power by judicial authorities in handling corruption cases often leads to verdicts that do not reflect justice, particularly when assessing the amount of state losses. This study aims to analyze the judicial inconsistency in the corruption case of PT Timah in Bengkulu, focusing on the abuse of power in issuing verdicts related to the amount of state losses. The research method used is normative juridical, with approaches based on legislation, case studies, and conceptual approaches. Data sources include legal regulation documents, court decisions, and relevant legal literature analysis. The research results show that there is a discrepancy in the assessment of state losses between different levels of courts. This discrepancy is suspected to be influenced by the abuse of power by judges, whether due to external pressure, intervention by interested parties, or weaknesses in understanding the calculation of state losses. Additionally, it was found that in several rulings, there was insufficient explanation regarding the basis for assessing state losses, which affects the substantive justice that should be applied. This study provides recommendations for reforming the judicial system by emphasizing transparency in the process of assessing state losses, strengthening the monitoring mechanism of judges, and establishing clear guidelines in calculating state losses resulting from corruption. It is expected that these measures will reduce the potential for abuse of power and ensure a fairer application of the law in corruption cases.
Determinants of Community Participation in Organic Waste Management in Riau Province Eliyah Dwi Setyo Arti; Riau University; Yusmarini Yusmarini; Nurul Huda
Jurnal Hukum Vol 42, No 3 (2026): Vol 42 No 3 (2026)
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v42i3.51619

Abstract

Organic waste management remains a major challenge in urban areas of Indonesia, including Pekanbaru City, Riau Province, where food and vegetable waste dominates daily waste generation. Although various waste reduction programs have been implemented, the level of community participation in organic waste management remains relatively low and is not yet fully supported by adequate infrastructure and sustainable policies. This study aimed to analyze factors associated with community participation in vegetable organic waste management and to identify the most dominant determinants influencing such participation. This study employed a quantitative design with an analytical survey approach in three sub-districts with the highest waste generation in Pekanbaru City. The study sample consisted of 399 households and 30 market vendors selected through random sampling. Data were collected using structured questionnaires and analyzed using Chi-square tests and multiple logistic regression. Bivariate analysis showed that knowledge, availability of facilities and infrastructure, social support and policies, and community actions were significantly associated with community participation, while attitudes showed no significant relationship. Multivariate analysis revealed that social support and policies were the most dominant determinants in increasing the likelihood of community participation, followed by community actions. Conversely, certain levels of knowledge had a negative and significant effect on participation, indicating the presence of a knowledge–action gap. Based on these findings, strengthening local waste management policies should focus on enhancing social support, ensuring policy consistency, providing adequate infrastructure, and encouraging concrete community actions to achieve sustainable participation in organic waste management.

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