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INDONESIA
Jurnal Hukum Inconcreto
Published by Universitas Harapan Bangsa Purwokerto
ISSN : 29637724     EISSN : 29637724     DOI : 10.35960
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Filsafat dan Teori Hukum Perbandingan Hukum Sosiologi Hukum Hukum Internasional Hukum Tata Negara Hukum Perdata Hukum Bisnis Hukum Ekonomi Hukum Lingkungan Hukum Pidana Hukum Administrasi Negara Hukum Teknologi, Informasi, dan Komunikasi Hukum Hak Asasi Manusia Hukum Islam dan Keluarga Hukum Agraria Hak Kekayaan Intelektual Hukum Syariah Perbandingan Hukum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 57 Documents
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Reformulasi Kebijakan Pidana Mati terhadap Koruptor dalam Perspektif Hukum Positif dan Hak Asasi Manusia As’ad Al Burhan, Abdul
Jurnal Hukum In Concreto Vol. 3 No. 1 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 1 2024
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v3i1.1856

Abstract

The death penalty for corruption offenders is regulated under Article 2 paragraph (2) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. However, the phrase “under certain circumstances” is not explicitly and measurably defined, resulting in legal uncertainty and a potential violation of the legality principle. From a human rights perspective, this provision also raises normative conflict as it contradicts the non-derogable right to life guaranteed by Article 28I paragraph (1) of the 1945 Constitution and Article 6 of the ICCPR. This study aims to analyze the legal regulation of the death penalty for corruption in Indonesia and formulate a policy reform aligned with human rights principles. Using a normative juridical method with statutory and conceptual approaches, the study employs qualitative analysis through grammatical, systematic, and teleological interpretation. The findings indicate that the current regulation lacks lex certa, is not implementable, and is inconsistent with the 2023 Criminal Code, which introduces the conditional death penalty. Reform is required through legislative revision, the establishment of concrete legal criteria, and harmonization with international human rights norms. A proportional and constitutional penal approach is essential to ensure substantive justice and protection of the right to life within Indonesia’s criminal law system.
Tax Law Reform and Fiscal Justice in Indonesia: A Legal Approach Toward the Sustainable Development Goals Desta Ardian, Riska; Fadholi, Salim; Rini, Susilo
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1832

Abstract

This study examines the extent to which Indonesia's tax law reform aligns with the principles of fiscal justice and contributes to the realization of the Sustainable Development Goals (SDGs). In response to growing inequality and institutional challenges, the government enacted Law No. 7 of 2021 on the Harmonization of Tax Regulations as a strategic step toward fiscal modernization and equity. The research adopts a normative juridical method using a statute and conceptual approach, supported by secondary legal data from statutory sources, academic literature, and government policy documents. The analysis reveals that although the restructured tax brackets, carbon tax introduction, and digitalization initiatives reflect normative intentions to promote justice, significant structural and doctrinal constraints persist. These include legal uncertainty, unequal access to tax incentives, administrative weaknesses, and the lack of binding mechanisms linking tax policy to SDG implementation. The findings highlight a partial normative alignment between Indonesia’s tax reform and fiscal justice principles. Strengthening legal coherence, institutional capacity, and policy integration is essential for transforming tax law into an effective instrument for equitable and sustainable development.
The Impact of Depopulation on the Sustainability of Local Businesses in Yoshinogawa, Japan Liwan Karamina, Tijani; Nabila Puti Aura, Shalsa; Tafdila Aulia Magfiroh, Nadia; Afaaf Fauziyya Dewicaksana, Lintang; Ciha Widya Dewati, Talita; Putri Amelia, Dwi
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1867

Abstract

Depopulation and demographic aging present critical threats to rural economies in Japan, particularly in municipalities like Yoshinogawa where small businesses struggle to sustain operations within a shrinking consumer base. This study investigates the resilience of local businesses using a mixed-methods approach that integrates quantitative data from household surveys (n=100) with qualitative insights gathered from interviews, field observations, and case studies. Descriptive statistics were applied to examine consumer behavior, while thematic coding was employed to analyze adaptive business strategies and patterns of community engagement. The results reveal that local business survival depends not on technological innovation or economic expansion but on strong social embeddedness, especially among elderly consumers who act as both vulnerable clients and stabilizing actors through consistent patronage and emotional loyalty. Shopkeepers have responded with micro-level adaptations such as reducing operating hours, offering elderly-friendly services, and transforming their premises into multifunctional community hubs. Despite these efforts, structural challenges including the lack of generational succession, digital exclusion, and limited access to policy support continue to threaten long-term viability. The findings suggest that place-based policy interventions that leverage social capital, promote intergenerational collaboration, and support embedded innovation are essential to sustain economic activity in depopulated areas. The case of Yoshinogawa provides a counter-narrative to prevailing assumptions about rural decline by demonstrating how resilience can emerge from community cohesion and relational infrastructure.
Quo Vadis: Legal Certainty and Justice in Indonesia's 2024 Elections Amidst Electoral Law Reform Cahyani, Enny Dwi; Adawiyah Situmorang, Rabiatul; Sepulloh, Alif
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1918

Abstract

General Elections (Pemilu) are fundamental to Indonesia’s democratic system. However, their implementation continues to face challenges that hinder the realisation of a balanced relationship between substantive justice and legal certainty. This study offers a comprehensive examination of electoral issues, particularly emphasising the presidential threshold system, which has triggered multiple inequities in electoral practice. The objective of this research is to analyse the legal framework governing elections by critically assessing the validity of the presidential threshold, the complexities of the multi-party system, and the implementation of simultaneous elections, ultimately proposing a structured solution to the legal challenges of Indonesia's electoral system. The study adopts a normative juridical approach, complemented by a conceptual framework and comparative legal analysis, and is further supported by empirical data drawn from the 2019 and 2024 elections. The study employs legal interpretation and conceptual comparison methods, which indicate that the presidential threshold requires reformulation one that emphasises political inclusivity, leadership regeneration, and institutional refinement to ensure fairness and legal certainty in electoral governance.
AI Illustrative Works: Originality and Copyright in Indonesian and Swedish Law Rizqi Marhamah, Naeli; Ruhtiani, Maya; Puspa Dewi, Monica
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1925

Abstract

The emergence of AI-generated illustrations challenges copyright frameworks globally. This normative study compares Indonesia's static Copyright Law with Sweden's progressive EU-aligned system. While both jurisdictions deny copyright to purely AI-created works due to unmet originality requirements, Sweden's sophisticated approach through neighboring rights and AI Sweden's R&D initiatives demonstrates greater adaptability. Indonesia's rigid human authorship mandate under Article 1(2) UUHC 28/2014 risks technological irrelevance. The analysis recommends Indonesia establish specialized AI governance mechanisms and adopt tiered protection for human-AI collaborations, emulating Sweden's balanced approach under the EU AI Act. Strategic alignment with WIPO standards could bridge the growing regulatory gap while preserving creator rights. The findings highlight the urgent need for developing nations to modernize intellectual property systems in response to disruptive technologies. Sweden's dual strategy of legislative harmonization and research investment offers a replicable model for jurisdictions facing similar AI challenges. This comparative analysis contributes to global discourse on copyright adaptation in the age of generative AI.
Contribution of Local Wisdom Values in The Development of Criminal Punishment in The National Criminal Code Musyahadah Rahmah, Alef; Hapsari Retnaningrum , Dwi
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1932

Abstract

The issue of punishment plays a significant role in criminal law, reflecting a nation's socio-cultural value system. The Indonesian nation has a conflict resolution mechanism based on local wisdom, which is essentially living law. In criminal law reform policies, particularly in criminal law, local wisdom values ​​are incorporated into substantive content. The purpose of this paper is to determine the suitability of local wisdom values ​​in criminal law, considering the central socio-political, socio-philosophical, and socio-cultural values, and the contribution of local wisdom values ​​to the development of criminal law in the National Criminal Code. Through a doctrinal approach, using literature studies on secondary data and qualitative analysis, it can be explained that living law is equated with customary criminal law. The local wisdom values ​​that form the substantive content of criminal law in the National Criminal Code align with the central socio-political, socio-philosophical, and socio-cultural values ​​of Indonesian society. The legal contribution that exists within society to criminalization in the National Criminal Code is customary criminal law, as reflected in Article 2 concerning the applicability of customary law, which allows for the imposition of customary sanctions even if the act is not specifically stated in the Criminal Code. Furthermore, Article 66 of the National Criminal Code regulates additional sanctions, of which subparagraph (1) letter f covers one form, namely the fulfillment of local customary obligations.
Legal Responsibility of Healthcare Facilities in the Management of Medical Emergencies Sakinatunnisa, Silvi; Alawiya, Nayla
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1933

Abstract

The legal responsibility of healthcare facilities in providing emergency services is a crucial element in safeguarding the public's right to health. This study aims to analyze the forms of legal responsibility and the synchronization of regulations concerning the obligations of healthcare facilities in managing medical emergencies. The research method employed is normative juridical, using statutory, conceptual, and analytical approaches. The data is based on primary and secondary legal materials, analyzed through normative qualitative methods using systematic, grammatical, and teleological interpretations. The findings show that the regulation of legal responsibility demonstrates both vertical and horizontal synchronization, especially between Law No. 17 of 2023 on Health, government regulations, and various ministerial decrees. Legal responsibility is divided into two main categories: criminal liability under Article 438 of Law No. 17 of 2023 and administrative liability as stipulated in Ministerial Regulation No. 4 of 2018 and Ministerial Regulation No. 9 of 2014. However, regulatory gaps remain, particularly in rules concerning independent practices and community health centers that do not explicitly mandate emergency care obligations. Therefore, harmonization and legal reform are needed to strengthen the protection of patients in emergency conditions.
Judicial Inconsistency in Theft Sentencing: A Critical Analysis of Sentencing Practices under Indonesia’s Criminal Justice System Seno Aji, Nandito
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1972

Abstract

This research aims to analyze the forms of judicial inconsistency in sentencing theft cases, particularly those involving juvenile offenders, and to identify the contributing factors within Indonesia’s criminal justice framework. Sentencing disparity often raises serious concerns regarding substantive justice and legal certainty, especially when two cases with nearly identical legal elements and factual backgrounds result in significantly different judgments. This study employs a normative juridical method combined with a case study approach, focusing on two court decisions: Number 14/Pid.B/2011/PN.Yk and Number 10/Pid.SUS-Anak/2015/PN.Yk. Data were collected from statutory instruments, court documents, and judicial reasoning, and analyzed through both normative and sociological lenses. The findings reveal that judicial inconsistency stems from differences in the legal basis applied by judges, the social backgrounds of the offenders, and the uneven consideration of social inquiry reports. Moreover, the unregulated scope of judicial discretion due to the absence of standardized sentencing guidelines has significantly contributed to these disparities. When sentencing is not grounded in clear legal, sociological, and philosophical justification, the ruling loses its legitimacy and may erode public trust in the justice system. This study emphasizes the urgent need for a national sentencing guideline to ensure more consistent, transparent, and accountable sentencing practices within Indonesia’s legal system, particularly in cases involving vulnerable groups such as juveniles.
The Legitimate Portion (Legitime Portie) of Legitimate Children in Inheritance Distribution: A Perspective of Legal Justice Theory in Indonesian Civil Law Puspandari, Rr. Yunita; Indira Swasti Gama Bhakti; Wahyu Prabowo; Hafez, Muhammad; Dwi Anugrahany, Galuh
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1853

Abstract

The existence of legitime portie in civil law is determined that the absolute share of a biological child has been determined to be greater than the heirs of groups 2, 3 and 4, if there are adopted children, stepchildren or heirs based on the will, it will be prevented by the existence of legitime portie, but in reality there are cases that occur that are conveyed by advocates, But in reality, there is a case that occurred which was conveyed by an advocate at PBH Peradi related to a biological child who actually did not get an absolute share because the inheritance of both parents was controlled by the stepmother or the father's second wife who was the biological father of the child, this happened because there was no will left before the biological parents died and the property of the father and mother was controlled beforehand by the stepmother or the father's second wife. This research aims to examine how civil law provides protection for the rights of legitimate children as heirs, as well as comparing the implementation of inheritance distribution in the perspective of legal justice theory. The method used is empirical juridical approach with empirical observation through interviews with District Court judges. The results showed that legitime portie is an absolute right protected by law, and any deviation from legal provisions can lead to disputes. The court plays an important role in upholding legal certainty and justice in the distribution of inheritance so that it is necessary to emphasize the importance of applying the principle of justice in the distribution of inheritance to protect the rights of heirs, especially legitimate children, as well as the need for strong legal certainty in the practice of inheritance distribution in society.
Business Judgment Rule in the Amendment of the State-Owned Enterprises Law Habibie, Muhammad Mirza; Catur Rini, Yuliani; Winkar Setya, Kartika; Sukirno
Jurnal Hukum In Concreto Vol. 4 No. 2 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 2 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i2.1904

Abstract

The third amendment to the BUMN Law marks a new paradigm in BUMN management, adopting the Business Judgment Rule (BJR) doctrine. The material of the amendment is that BUMN directors cannot be held legally responsible for losses that occur if it is proven that the loss was not caused by error or negligence, decisions were taken in good faith and caution, there was no conflict of interest, and preventive measures were taken to prevent or stop losses. This BJR changes the pattern of directors' accountability, BUMN losses are no longer considered state financial losses so that they are not included in the realm of corruption based on the Corruption Law, this study uses a normative legal method through a doctrinal and conceptual approach, and uses secondary data. The analysis used uses the deductive method. With the amendment to the Law, it provides guidance for directors to be more careful in carrying out BUMN business processes. Providing certainty to corporate directors professionally without being overshadowed by fear of criminalization.

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