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INDONESIA
Law and Humanity
Published by Universitas Wijaya Putra Surabaya
ISSN : -     EISSN : 29879191     DOI : 10.37504
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Magister Hukum (Law and Humanity) Universitas Wijaya Putra adalah media publikasi online khusus keilmuan di bidang hukum baik hukum pidana maupun hukum perdata bagi para pakar, akademisi, praktisi, pejabat negara, lembaga swadaya masyarakat, dan pemerhati hukum tata negara untuk menyebarluaskan hasil penelitian atau kajian konseptual tentang konstitusi dan topik-topik hukum tata negara yang belum dipublikasikan di tempat lain.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 90 Documents
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Reformulasi Kompilasi Hukum Islam dalam Konteks Hak Asasi Manusia dan Kesetaraan Gender Ali Munib
Law and Humanity Vol 4 No 1 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i1.785

Abstract

The Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) serves as an important source of Islamic family law in Indonesia and has played a significant role in shaping national family law practices. However, several of its provisions are considered not fully aligned with the principles of Human Rights and gender equality as mandated by Law Number 39 of 1999 concerning Human Rights and the ratification of CEDAW through Law Number 7 of 1984. This study aims to analyze the relevance and compatibility of the norms contained in the KHI with the principles of human rights and gender equality, as well as to formulate reformulation efforts so that the KHI becomes more responsive to humanitarian values without neglecting the principles of Islamic law. The research method employed is normative juridical, using statutory, conceptual, and comparative approaches, accompanied by qualitative descriptive analysis of primary, secondary, and tertiary legal materials. The findings indicate that several norms within the KHI, particularly those regulating polygamy and the domestic roles of women, still reflect patriarchal bias and have the potential to violate the principle of substantive justice. Therefore, a reformulation of the KHI is necessary to balance universal human rights values with the principles of justice in Islam through reinterpretation based on maqasid al-shariah and John Rawls’ theory of justice. In conclusion, the reform of the KHI is an urgent necessity to establish Islamic family law that is fair, inclusive, and contextual to modern social dynamics.
Pertimbangan Hukum Hakim Mahkamah Agung terhadap Kriminalisasi Korban dalam Kasus Baiq Nuril Virnandika Aji Widya Bimantara; Suwarno Abadi
Law and Humanity Vol 4 No 1 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i1.801

Abstract

The case of Baiq Nuril represents a significant precedent in Indonesia’s legal reasoning discourse, particularly in the application of Article 27(1) of the Electronic Information and Transactions Law (UU ITE). This article analyzes the judicial considerations of the Mataram District Court and the Supreme Court in Decision No. 574 K/Pid.Sus/2018 using a theoretical framework of legal reasoning, statutory interpretation, and substantive justice principles. The District Court acquitted the defendant, concluding that the elements of distribution were not fulfilled, there was no mens rea, and the recording was made solely for self-protection against sexual harassment. Conversely, the Supreme Court interpreted the act of handing a mobile phone to a colleague as “making electronic information accessible,” thus treating the defendant as having participated in distributing indecent content. The analysis shows that the Supreme Court’s reasoning is formalistic, disregards the context of victimization, and expands the scope of criminal elements disproportionately. This decision not only creates a chilling effect for victims of sexual violence but also highlights the normative weaknesses of the UU ITE, which is vulnerable to misuse. The article concludes that reconstructing statutory interpretation, applying proportionality principles, and reforming the UU ITE are essential to prevent the criminalization of victims. Accordingly, law enforcement in the digital era must prioritize substantive justice rather than mere formal legal certainty.
Legitimasi Nikah Sirri dalam Perspektif Hukum Islam dan Tantangan Pencatatan Perkawinan di Era Digital Alvia Noris; Nuryanto A. Daim
Law and Humanity Vol 4 No 1 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i1.802

Abstract

Marriage is a sacred institution within Islamic family law and Indonesian national law. However, unregistered marriages (sirri marriages) remain prevalent due to social, cultural, economic, and educational factors. The absence of marriage registration generates serious legal issues, including child status, inheritance rights, spousal protection, and legal certainty in civil administration. This conceptual study examines the legitimacy of unregistered marriages through the lens of Islamic family law while analyzing the challenges of digitizing marriage registration through SIAK, SIMKAH, and other electronic-based public services. The findings show that although Islamic law deems marriages valid when the pillars and requirements are fulfilled, the state considers registration essential for legal protection. The digital era provides significant opportunities to reduce unregistered marriages, yet barriers such as low digital literacy, technological inequality, and regulatory gaps pose persistent obstacles. This study highlights the need for harmonization between Islamic jurisprudence and national legal norms supported by digital-based legal administration to ensure comprehensive legal protection.
Pemberian Izin Usaha Pertambangan bagi Organisasi Kemasyarakatan Keagamaan Perspektif Teori Keadilan dan Kemanfaatan Hukum Ahmad Ragil Prasetyo; Nuryanto A. Daim
Law and Humanity Vol 4 No 1 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i1.807

Abstract

The policy granting Mining Business Permits (IUP) to religious community organizations through a priority auction scheme has generated new legal concerns in the governance of the mining sector. The Constitutional Court’s Decision No. 77/PUU-XXII/2024 views this policy as an effort to broaden participation in natural resource management by allowing business entities owned by such organizations to compete. Nevertheless, unclear regulatory boundaries and weak supervisory mechanisms create risks of misuse in practice. This study examines the Court’s legal reasoning by employing Jeremy Bentham’s utilitarianism and John Rawls’ theory of justice within a normative juridical approach. The research finds a regulatory gap between the religious functions of these organizations and their potential role in commercial mining activities. The Court’s considerations tend to align with Bentham’s focus on promoting broader social and economic benefits. However, from Rawls’ perspective, the policy may lead to unequal distribution of advantages and open opportunities for certain groups to dominate natural resource management. Thus, while the decision seeks to enhance overall societal utility, it also raises concerns regarding constitutional prudence and distributive fairness. Additional implementing regulations and stronger oversight are needed to ensure its execution remains consistent with the principles of the rule of law.
Urgensi Penerapan Pidana Mati dalam Transisi Sistem Hukum Pidana di Indonesia Gunawan Gunawan
Law and Humanity Vol 4 No 1 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i1.808

Abstract

This study examines the urgency of capital punishment in the context of the transition of Indonesia’s criminal law system, focusing on a comparison between the Old Penal Code (KUHP Lama) and the New Penal Code (KUHP Nasional). The Old Penal Code placed capital punishment as an absolute penalty for serious crimes, reflecting a retributive penal paradigm that emphasized retribution and formal legal certainty, while largely neglecting humanitarian aspects and the right to life. The New Penal Code, through Law Number 1 of 2023, introduces conditional capital punishment with the possibility of conversion to life imprisonment, marking a paradigm shift toward a humanistic model that integrates preventive, rehabilitative, and restorative principles. This study employs a doctrinal research method with a normative juridical approach, analyzing statutory provisions, legal literature, penal theory, and previous research findings. The analysis indicates that capital punishment remains normatively and practically relevant, particularly for extraordinary crimes that threaten public safety and state security, yet its application must be selective and adhere to principles of proportionality, substantive justice, and human rights. The urgency of this research lies in the need to understand the transformation of penal concepts and the rational application of capital punishment under the New Penal Code, supporting the development of a fair, constitutional, and effective criminal law policy. The findings provide both theoretical and practical contributions for academics, policymakers, and law enforcement officers in assessing the role of capital punishment as a last resort (ultimum remedium) in Indonesia.
Apakah Kedaulatan Rakyat Telah Bertransformasi Menjadi Fiksi Hukum dalam Sistem Presidensial Indonesia? Boydo Saragih
Law and Humanity Vol 4 No 2 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i2.836

Abstract

Popular sovereignty constitutes a fundamental principle in Indonesia's constitutional system as affirmed in Article 1 paragraph (2) of the 1945 Constitution. However, in the practice of the presidential system, the will of the people never manifests directly as it is always mediated through institutions and representative procedures. This research aims to analyze whether the principle of popular sovereignty in Indonesia's presidential system still functions as an operational basis for the exercise of state power or has shifted into a legal fiction. This is normative legal research employing a conceptual approach, analyzed using the theoretical framework of legal fiction developed by Vaihinger, Fuller, Kelsen, and Allison. The findings reveal that popular sovereignty has not lost its constitutional position, but in practice has undergone a functional shift into a legal fiction due to the weakening of representative mechanisms, oversight, and constitutional accountability. This transformation is reflected in the shifting function of popular sovereignty from a principle that guides state decision-making into a normative construct that primarily preserves the legitimacy and coherence of the constitutional system.
Perlindungan Hukum Pekerja atas Pemutusan Hubungan Kerja akibat Efisiensi Menurut Undang-Undang Cipta Kerja Steffy Gihon Sunarko; Rihantoro Bayu Aji; Suwarno Abadi; Fikri Hadi
Law and Humanity Vol 4 No 2 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i2.837

Abstract

This study aims to analyze the legal protection for workers facing employment termination due to corporate efficiency under Law Number 6 of 2023 on Job Creation and Government Regulation Number 35 of 2021, as well as to examine the evidentiary mechanism of efficiency claims by employers. This research employs normative legal research utilizing both a statutory approach and a conceptual approach. The findings indicate that legal protection for workers encompasses preventive protection through regulation and oversight, as well as repressive protection through industrial relations dispute resolution mechanisms. Following the enactment of the Job Creation Law, efficiency-based termination no longer requires permanent company closure as previously stipulated under the Manpower Law and Constitutional Court Decision Number 19/PUU-IX/2011, although the obligation to fulfill workers' normative rights remains intact. Furthermore, employment termination must strictly serve as a last resort after pursuing alternative measures. In the event of a dispute, the burden of proof rests on the employer to objectively demonstrate real efficiency conditions using valid legal evidence, such as financial statements or independent audit reports.
Perlindungan Hukum terhadap Konsumen atas Klaim Berlebihan Produk Kosmetik dalam Perspektif Undang-Undang No. 8 Tahun 1999 tentang Perlindungan Konsumen Lucky Lasepta; Rihantoro Bayu Aji; Fikri Hadi; Farina Gandryani
Law and Humanity Vol 4 No 2 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i2.838

Abstract

The rapid growth of the cosmetic industry has increased competition among business actors, including the use of exaggerated claims (overclaim) that may mislead consumers and cause losses. This study aims to analyze the responsibility of business actors toward consumers due to exaggerated claims in cosmetic products based on Law Number 8 of 1999 concerning Consumer Protection and to examine the forms of legal protection available to consumers. This study employs a normative legal research method using statutory and conceptual approaches. The results indicate that exaggerated claims in cosmetic products violate Articles 8, 9, 10, and 17 of Law Number 8 of 1999 concerning Consumer Protection. Business actors are obliged to provide compensation to consumers in accordance with Article 19 of the Law. Legal protection is provided through preventive measures by the Government and the National Agency of Drug and Food Control (BPOM), as well as repressive measures through the Consumer Dispute Settlement Agency (BPSK) and the courts. It can be concluded that the practice of overclaim in cosmetic products creates legal liability for business actors and harms consumers. Therefore, more effective supervision and increased consumer awareness are necessary.
Kewenangan Direktorat Jenderal Pajak dalam Pengawasan Pajak Penghasilan Influencer dan Konten Kreator di Media Sosial Vania Nurdhita Varesia; Fikri Hadi; Suwarno Abadi; Suwito Suwito
Law and Humanity Vol 4 No 2 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i2.839

Abstract

The rapid development of the digital economy has created new professions, such as influencers and content creators, who generate income from digital activities, including endorsements, monetization, affiliate marketing, and promotional partnerships. Such income constitutes Income Tax (PPh) objects; however, its dynamic nature and reliance on digital platforms present challenges for tax supervision and law enforcement. This study aims to analyze the authority of the Directorate General of Taxes (DGT) in supervising the income tax obligations of influencers and content creators on social media, as well as to examine the implementation of tax law enforcement in this sector. This research employs a normative legal research method using statutory and conceptual approaches. The legal materials consist of laws and regulations, legal literature, and scientific journals related to taxation and supervision in the digital economy. The results indicate that the Directorate General of Taxes has the legal authority to conduct tax supervision through the utilization of information technology, including the Coretax system, Compliance Risk Management (CRM). Optimizing digital technology, strengthening cooperation with digital platforms, and improving taxpayer awareness are essential to enhancing tax compliance in the digital economy.
Dalil Syara: Dinamika Sumber Hukum Islam, Tekstual dan Kontekstual, Perkembangan Sumber Hukum Islam Fatma Afifah; Fikri Hadi; Farina Gandryani
Law and Humanity Vol 4 No 2 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i2.840

Abstract

The advancement of time and technological progress bring complex dynamics to the implementation of Islamic law in modern society. This study aims to analyze the development of Islamic legal sources and examine the understanding methods of Islamic legal studies through textual and contextual approaches. This research employs a normative legal research method with a theological approach derived from the Qur'an and As-Sunnah, alongside a conceptual approach through the analysis of ushul fiqh theories. The results indicate that the Qur'an and As-Sunnah hold the position as the primary sources of Islamic law. However, to respond to contemporary legal issues, such as the development of Islamic economics and e-commerce transactions, intellectual effort (ijtihad) through ijma’ and qiyas is required. The textual approach focuses on linguistic analysis and literal meanings to preserve fundamental teachings, whereas the contextual approach considers social-historical conditions to create adaptive and solution-oriented law. Integrating both approaches proportionally, while adhering to unalterable sharia boundaries such as Islamic creed (aqidah) and core rituals (ushul ibadah), is crucial to maintaining the relevance of Islamic teachings in the modern era.

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