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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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Legal Awareness of The Public Towards the Prohibition of Giving Money to Beggar (Study in Grendeng Village, North Purwokerto District, Banyumas) Nitiyoga, Dyaksa; Musyahadah Rahmah, Alef; Alawiya, Nayla
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1794

Abstract

This research aims to determine the level of public legal awareness of the prohibition on giving money to beggars and the influence of discipline, motivation, and income factors on public legal awareness of the prohibition on giving money to beggars. This study uses a quantitative research method with a sociological legal approach and descriptive research specifications. The research sample was taken using simple random sampling. The types of data sources include primary and secondary data obtained using questionnaires, documentaries, and literature. The data processing method uses coding, editing, and tabulation techniques, then presented in the form of narrative text and data tables. Data analysis with frequency distribution, cross tables, content analysis, and comparative analysis. The results of the study indicate that the level of public legal awareness of the prohibition on giving money to beggars in Grendeng Village, North Purwokerto District, Banyumas is high. This can be measured by the following indicators: the high level of public legal knowledge of the prohibition on giving money to beggars; the high level of public legal understanding of the prohibition on giving money to beggars; the number of public attitudes of agreement with the prohibition on giving money to beggars; and the number of community behavioral patterns that are in accordance with the prohibition on giving money to beggars. Discipline factors, motivation factors, and income factors tend to have a positive influence on public legal awareness regarding the prohibition on giving money to beggars, meaning that the higher the discipline factors, motivation factors, and income factors, the higher the public legal awareness regarding the prohibition on giving money to beggars.
Enforcing Political Neutrality among Contract-Based Government Employees (PPPK) in Local Elections: A Case Study of Purbalingga Regency Mafit Sumantri, Jufri; Kunarti, Siti; Sudrajat, Tedi
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1818

Abstract

The enforcement of political neutrality among contract-based government employees (PPPK) presents complex legal and institutional challenges within Indonesia’s decentralized administrative system. This study critically examines the legal, constitutional, and cultural dimensions of PPPK neutrality during regional elections, with a particular focus on the case of Purbalingga Regency. Using a socio legal methodology, the research combines doctrinal, normative, and empirical approaches to assess the effectiveness of existing legal instruments, primarily Law Number 20 of 2023, and their practical application in local governance settings. The analysis draws on interviews, survey data, and field observations to evaluate the institutional capacity of civil service bodies such as BKD, KASN, and Panwaslu, as well as the role of civil society in oversight. The findings reveal significant enforcement gaps caused by regulatory ambiguity, overlapping institutional mandates, and limited internalization of neutrality as a professional ethic. Although neutrality is legally required, its implementation is constrained by legal uncertainty related to PPPK’s dual identity as both public officials and holders of constitutional rights. The study argues that enforcement must move beyond formal legal provisions to include cultural legitimacy, institutional coordination, and adaptation to digital era challenges. Drawing on the legal doctrine of proportionality and the concept of law as a living institution, the study recommends regulatory reform, structured ethical training, and participatory monitoring mechanisms to promote accountability and safeguard democratic integrity within the civil service.
Reinforcing Legal Enforcement Mechanisms in Environmental Pollution Control: An Analysis of Regulatory Effectiveness in River Basin Areas Bimadiguna Kharisma Adyasta, Muhammad
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1822

Abstract

Environmental pollution in river basin areas is a systemic ecological problem caused by industrial, domestic, and agricultural waste that contaminates water bodies and disrupts ecosystem functions. This study aims to analyze the effectiveness of legal enforcement in addressing environmental pollution in river basins and to formulate strategies for strengthening legal mechanisms. The research employs a normative juridical method with statutory and conceptual approaches, utilizing primary, secondary, and tertiary legal materials analyzed through descriptive-analytical techniques. The findings indicate that administrative sanctions are more frequently applied yet lack deterrent effect, while criminal and civil sanctions are rarely used due to evidentiary and procedural constraints. Weak institutional coordination, legal ambiguity, and limited public participation are identified as the main obstacles to effective enforcement. The study recommends reinforcing the principle of strict liability, harmonizing national and regional regulations, enhancing institutional capacity, and integrating legal enforcement with ecosystem-based management. Effective legal enforcement must be responsive to pollution complexity, ecologically just, and socially participatory.
Legal Protection for Livestock Farmers in Core-Plasma Partnership Schemes: A Study of Unequal Contractual Relations Azzah Salsabila, Fadhila
Jurnal Hukum In Concreto Vol. 3 No. 2 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 2 2024
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v3i2.1823

Abstract

This study examines the legal dynamics of core-plasma partnerships in Indonesia, focusing on the structural imbalance between core companies and smallholder farmers. Although regulations such as Law No. 20 of 2008 and Ministry of Agriculture Regulation No. 13 of 2013 promote equitable collaboration, contractual practices often reflect asymmetry in bargaining power, particularly regarding pricing, exclusivity, and penalty clauses. Using a normative juridical method supported by statutory and case analysis, including KPPU Decision No. 09/KPPU-K/2020, the study reveals that legal protection for farmers remains largely formal and unenforceable due to weak regulatory oversight and limited access to justice. The findings highlight a gap between legal ideals and practical implementation, demonstrating how formal agreements may legitimize exploitative practices under the doctrine of contractual freedom. To address this, the study proposes legal reforms including independent contract review, standardized fair clauses, regulatory enforcement, and legal empowerment initiatives for farmers, aiming to realign partnership practices with principles of justice, accountability, and inclusive rural development.
The Legal Framework of Corporate Criminal Accountability in Indonesian Mining Crimes Permata Mariza, Dinda
Jurnal Hukum In Concreto Vol. 3 No. 2 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 2 2024
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v3i2.1824

Abstract

This study explores the legal framework and enforcement practices related to corporate criminal liability in Indonesia’s mining sector. While corporate accountability is formally recognized under the new Indonesian Criminal Code (KUHP 2023), Law No. 4 of 2009 on Mineral and Coal Mining (UU Minerba) lacks procedural clarity for holding corporations liable. Using a normative juridical method, the research analyzes primary legal sources and relevant secondary materials to assess how legal norms are applied in practice. The findings show a disconnect between legal recognition and enforcement. Although KUHP 2023 provides detailed provisions on corporate liability, UU Minerba remains focused on individual actors and offers no clear mechanism for attributing liability to corporate structures. As a result, prosecutions tend to target employees or subcontractors, while corporate decision-makers often evade responsibility. Enforcement is further hampered by weak institutional coordination, limited prosecutorial guidance, and political influence at the regional level. Strengthening corporate accountability requires harmonizing the KUHP and UU Minerba, developing procedural guidelines, and enhancing institutional capacity. Civil society engagement and strategic litigation are also essential to ensuring corporate compliance and promoting environmental justice.
Abuse of Market Dominance in Indonesia's Rice Industry: A Legal Analysis of PT Wilmar Padi's Alleged Price Monopoly Tribhuwana Kameswari, Ganis
Jurnal Hukum In Concreto Vol. 3 No. 2 (2024): Jurnal Hukum In Concreto Volume 3 Nomor 2 2024
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v3i2.1825

Abstract

This study analyzes the alleged abuse of dominant position by PT Wilmar Padi in the rice market under Article 25 of Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. Employing a normative legal method and a qualitative case study, the research investigates whether the company’s market conduct fulfills the criteria of dominance abuse in competition law. The analysis draws on primary legal sources, policy documents, and academic literature to examine the structure of the rice supply chain and regulatory enforcement. The findings reveal that PT Wilmar Padi exercises substantial market power in procurement and pricing, potentially limiting competition and harming smallholder farmers. The study also identifies several institutional limitations faced by the Business Competition Supervisory Commission (KPPU), including insufficient data access, weak inter-agency coordination, and limited sector-specific expertise. While the legal framework formally prohibits abuse of dominance, enforcement remains underdeveloped in agricultural commodity markets. The paper recommends strengthening institutional capacity, adopting clearer legal guidelines for the agricultural sector, and promoting cross-agency collaboration. These steps are critical to ensuring that competition law contributes to equitable, transparent, and sustainable market governance.
Reassessing the Legal Validity of Non-Notarial Gifts Between Parents and Children Under Indonesian Law: A Doctrinal and Judicial Perspective Yuningsih, Yuyun; Lisiani Prihatinah, Tri; Sulistyandari
Jurnal Hukum In Concreto Vol. 4 No. 1 (2025): Jurnal Hukum In Concreto Volume 4 Nomor 1 2025
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v4i1.1826

Abstract

Gifts (hibah) from parents to children are a common practice within family legal relations in Indonesia. However, the frequent execution of such gifts without notarial deeds raises serious concerns regarding their legal validity and the protection of other heirs' rights. This study reassesses the legal status of non-notarial gifts within the framework of Indonesian civil law and Islamic inheritance law. Employing a normative legal method through doctrinal and jurisprudential approaches, the research analyzes statutory provisions and judicial decisions to evaluate the enforceability and evidentiary strength of gifts made without authentic deeds. The findings reveal that non-notarial gifts generally fail to meet the formal legal requirements under Indonesian positive law, and are often declared invalid by courts, particularly when challenged by other heirs. Consequently, such gifts may infringe upon the legitime portie (compulsory inheritance share) and trigger intra-family inheritance disputes. This study asserts that legal formalities are not mere administrative procedures but serve as essential instruments to uphold legal certainty, balance competing interests, and achieve intergenerational justice. Accordingly, it recommends enhancing public legal literacy, expanding access to notarial services, and reforming regulatory frameworks to align customary practices with adequate legal protection.

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