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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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Legal Certainty Dualism of Civilian Positions Active Members of the Indonesian Police Rais Firdaus Handoko; Widhi Handoko
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.v42i3.50023

Abstract

This study aims to analyze the legal status of active police officers following the Constitutional Court's ruling to formulate a direction for legal harmonization consistent with the principle of legal certainty. This study uses a normative juridical method. The results indicate that the removal of the phrase "whether or not based on assignment from the Chief of the Indonesian National Police" strengthens the obligation for police officers to resign or take early retirement before assuming positions outside the police force. This ruling closes the legal loophole related to active assignments, effectively reviving the dual function of the police within the civilian bureaucracy. Constitutionally, this decision strengthens the principle of legal certainty by defining the boundaries of authority between the functions of the Indonesian National Police and post-reform civilian positions, thus ensuring that norms within the legal entity are no longer expanded by explanations that contradict their substance. This limitation maintains the neutrality of the Indonesian National Police, preventing it from becoming an instrument of political or bureaucratic power.
The Criminal Responsibility for Abuse of Authority in Blocking Online Gambling Based on Indonesian Cyber Law Muhammad Ridwan Lubis; Cut Nurita; Rini Novita
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.v42i3.52976

Abstract

Online gambling in Indonesia has developed into a complex cybercrime involving not only players, operators, promoters, and site administrators, but also officials who control access-blocking systems. This study aims to examine criminal law regulation of online gambling involving state officials, analyze their criminal liability for abuse of blocking authority, and formulate a supervision and law enforcement model for protecting Indonesia’s digital space. This study uses doctrinal legal research with statutory, case, and conceptual approaches. The findings show that online gambling regulation is constructed through the National Criminal Code, the ITE Law, the State Civil Apparatus Law, regulations on electronic systems and private electronic system providers, and the Money Laundering Law. State officials may be held criminally liable when abuse of authority is proven through intent, contribution to the continued accessibility of gambling sites, receipt of benefits, participation, assistance, or concealment of gambling proceeds. The formulated model combines access-based supervision, audit trails, digital records, periodic site verification, electronic evidence, role-based liability, and follow-the-money investigation. The novelty lies in linking public authority, digital access control, mens rea, role-based participation, economic benefit, and criminal enforcement within one integrated framework.
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.
The 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): Jurnal Hukum
Publisher : Unissula

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

Abstract

This article examines three unresolved legal ambiguities within the archipelagic sea lanes passage (ASLP) regime under Part IV of the United Nations Convention on the Law of the Sea 1982 (UNCLOS): the permissible scope of an archipelagic state regulatory authority; the enforceability of Part XII UNCLOS environmental obligations without impeding navigation; and the legal consequences of deviation from designated sea lane routes. Employing doctrinal legal research through a treaty interpretation methodology derived from Articles 31–33 of the Vienna Convention on the Law of Treaties 1969 (VLCT) and Indonesia’s Archipelagic Sea Lanes (IASP) as operationalised ASLP case study. This article advances three original arguments: First, ASLP is conceptually grounded in right of Navigation (RoN) – a conditional, treaty-based entitlement – rather than in the customary-law derived Freedom of Navigation (FoN), a distinction carrying material consequences for coastal state regulatory competence. Second, UNCLOS Part XII environmental obligations function as lex generalis alongside the lex specialis of Part IV, permitting proportionate emergency environmental intervention without nullifying navigational rights. Third, unjustified departure from designated routes activates full scope of archipelagic supervisory authority, including the innocent passage framework. These findings contribute to the cooperative governance of strategically critical maritime corridors and inform undesignated ASLP regimes globally.
Legal Governance of Sustainable Government for Achieving the Sustainable Development Goals: A Bibliometric Analysis Simon Saimima; Andy Fefta Wijaya; Endah Setyowati; Benny Hutahayan
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.v42i3.51499

Abstract

This study maps the intellectual structure, thematic evolution, and knowledge production of sustainable government research related to the Sustainable Development Goals (SDGs), with particular attention to legal governance. Using a bibliometric and science-mapping approach, this study analyzes 347 English-language journal articles indexed in Scopus and published between 2016 and 2025. The analysis was conducted using Biblioshiny/Bibliometrix and VOSviewer to examine publication trends, citation impact, leading contributors, institutional and country networks, keyword co-occurrence, and thematic evolution. The findings show rapid growth in sustainable government research after 2020, indicating increasing academic attention to SDG-oriented governance. Earlier publications received higher citation impact, reflecting their foundational role in the development of the field. Knowledge production is concentrated in China, Indonesia, the Netherlands, the United States, and Australia, with substantial contributions from universities and sustainability research institutions in Asia and Europe. The thematic analysis identifies governance integration, SDGs, and climate change as prominent themes, while sustainability functions as a foundational theme connecting governance, accountability, policy implementation, and institutional capacity. Legal and regulatory dimensions emerge through themes related to governance, accountability, institutional frameworks, and policy implementation, indicating the importance of legal governance in translating SDG commitments into sustainable government practices. The study contributes to legal and governance scholarship by consolidating fragmented literature and identifying the evolving role of legal governance in SDG-oriented sustainable government research.
Reformulation of the Authority of the Deposit Insurance Corporation Within the Framework of the P2sk Law Diana Napitupulu; Inri januar
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.v42i3.51285

Abstract

The reform of the financial sector governance framework in Indonesia through Law Number 4 of 2023 concerning Financial Sector Development and Strengthening (P2SK Law) and its subsequent amendment has significantly transformed the institutional role of the Deposit Insurance Corporation (LPS). This study examines the legal implications of strengthening LPS authority in maintaining financial system stability, focusing on legal certainty, institutional accountability, and regulatory balance. Using a normative (doctrinal) legal research method, this study applies statutory, conceptual, and comparative approaches to analyze relevant legal frameworks, including the LPS Law, P2SK Law, and subsequent regulatory developments. The findings indicate that the post-P2SK framework has expanded LPS functions beyond deposit protection and bank liquidation toward a more comprehensive financial safety net mechanism involving prevention, resolution planning, and systemic risk management. However, the expansion of authority also creates challenges related to institutional coordination, moral hazard, and accountability mechanisms. The study argues that strengthening LPS requires not only broader legal authority but also clear governance safeguards, transparency, and harmonized relationships with other financial authorities, particularly Bank Indonesia and the Financial Services Authority. The reform of LPS represents an important advancement in Indonesia’s financial stability architecture, provided that institutional power is balanced with effective legal control mechanisms.

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