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Hakim: Jurnal Ilmu Hukum dan Sosial
Published by Universitas Sains Dan Teknologi Komputer
ISSN : 29876737     EISSN : 29877539     DOI : 10.51903
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 195 Documents
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Pemanfaatan Hukum Internasional dalam Penyelesaian Sengketa Laut China Selatan: Analisis dengan Pendekatan Doktrinal Soeparan, Poppy Fitrijanti; Kossay, Methodius
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 4 (2024): Hakim: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i4.2189

Abstract

The South China Sea is a strategic region of global significance, both economically and geopolitically. It serves as a major global trade route, with over 30% of global trade passing through it annually. Additionally, the South China Sea is rich in natural resources, including oil, gas, and abundant marine products. However, overlapping territorial claims among countries such as China, the Philippines, Vietnam, Malaysia, Brunei, and Indonesia have triggered prolonged geopolitical tensions. This study aims to analyze the role of international law, particularly UNCLOS 1982, as the primary framework for resolving these disputes. Using a doctrinal approach, the study examines primary legal documents, such as UNCLOS 1982, the 2016 Arbitration Award, and ASEAN agreements. Data shows an average of 15 annual conflicts in the South China Sea over the past decade, with a significant increase from 5 cases in 2014 to 25 cases in 2023. While UNCLOS 1982 provides a clear legal framework, non-compliance with arbitration rulings, such as China's refusal to adhere to the 2016 ruling, highlights weaknesses in enforcement mechanisms and sanctions. This study emphasizes that multilateral approaches based on international law, supported by regional mechanisms like ASEAN, have yet to achieve full effectiveness. The findings offer strategic recommendations, including reforming international sanction mechanisms and strengthening ASEAN frameworks to support conflict resolution and ensure sustainable stability in the region
Penerapan Restorative Justice dalam Kasus Kekerasan Domestik di Indonesia: Studi Empiris di Wilayah Perkotaan dan Pedesaan Karisma, Dian; Pratiwi , Berliant; Handoko, Sri
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 4 (2024): Hakim: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i4.2194

Abstract

Domestic violence is a critical issue affecting many individuals and families in Indonesia, with varied impacts across urban and rural areas. This study examines the implementation of the Restorative Justice approach in resolving domestic violence cases in these contexts and identifies factors influencing its effectiveness. Using a mixed-methods approach, the research combines quantitative analysis through surveys and qualitative insights from in-depth interviews. Data were collected from 300 respondents, including victims, offenders, and mediators, from urban and rural settings, alongside interviews with key stakeholders. The findings reveal significant differences in acceptance and satisfaction with Restorative Justice processes between urban and rural populations. In urban areas, higher legal awareness and access to trained mediators contribute to a 70% satisfaction rate, reflecting better participation and understanding of the process. In contrast, rural areas exhibit a lower satisfaction rate of 50%, hindered by cultural norms, limited legal knowledge, and a shortage of qualified mediators. Despite these challenges, Restorative Justice shows promise in addressing domestic violence by fostering dialogue, accountability, and reconciliation, emphasizing victim empowerment and offender rehabilitation. This study underscores the necessity of adapting Restorative Justice practices to local socio-cultural contexts to enhance effectiveness. Recommendations include developing tailored mediator training programs, increasing public awareness, and integrating community leaders into the process to build trust and legitimacy. The research contributes to the discourse on legal reform by highlighting the potential of Restorative Justice to create a more inclusive, responsive, and sustainable mechanism for resolving domestic violence cases in Indonesia. These findings are pivotal for policymakers in designing adaptive strategies to bridge the urban-rural divide and strengthen the justice system.
Kajian Hukum Tata Negara terkait Pembatasan Kebebasan Berpendapat di Media Sosial di Era Pandemi COVID-19: Pendekatan Deskriptif Kualitatif Putra, Rengga Kusuma; Kriswandaru, Althea Serafim; Imaliya, Tri
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 4 (2024): Hakim: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i4.2195

Abstract

The COVID-19 pandemic has driven an increase in social media activity as a means of communication and expressing opinions, but it has also introduced new challenges to freedom of expression. This study aims to analyze policies restricting freedom of expression on social media during the pandemic from the perspective of constitutional law. A qualitative descriptive approach was employed, with data collected through in-depth interviews, focus group discussions (FGDs), and legal document analysis. The study involved 15 informants, comprising legal experts, human rights activists, and social media users. Findings indicate that 60% of informants consider the restriction policies to be ambiguous and prone to misuse, while 40% support these policies for maintaining social stability. In this context, the Electronic Information and Transactions Law (UU ITE) serves as the primary legal basis for these policies. Yet, its implementation is often criticized for conflicting with democratic principles and human rights. The study also reveals that while the policies have successfully reduced the spread of false information, their impact on freedom of expression is significant, including the removal of critical content targeting the government. This study highlights the need for more transparent, fair, and evidence-based policies to balance public protection and respect for individual rights. It contributes to constitutional law discourse by providing recommendations for policy revisions that are more responsive to the challenges of the digital era, particularly during crise
Analisis Yuridis tentang Perlindungan Konsumen pada E-Commerce di Indonesia: Pendekatan Yuridis-Normatif Yulianingsih, Sri; Putra, Rengga Kusuma
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 4 (2024): Hakim: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i4.2204

Abstract

This study focuses on the juridical analysis of consumer protection in e-commerce transactions in Indonesia, considering the sector's rapid growth, which reached a total transaction value of IDR 631 trillion in 2023. On the other hand, consumer complaints have continued to rise, involving issues such as fraud, defective products, and data privacy violations. This study aims to evaluate the effectiveness of existing regulations, such as Law No. 8 of 1999 and its supporting regulations, in protecting consumer rights. Using a normative-juridical approach, the study examines the legal substance, implementation, and gaps between national regulations and international standards like the European Union's General Data Protection Regulation (GDPR). The findings indicate that although national regulations provide basic protections, their effectiveness is considered low, particularly in the aspect of personal data protection, which only achieves 40% effectiveness, significantly lagging the GDPR at 95%. Additionally, inefficient complaint mechanisms and weak coordination among government agencies are major obstacles to resolving consumer disputes. Low digital literacy among consumers further exacerbates the ineffectiveness of the protection provided by existing regulations. The study concludes that national regulations require significant reform to be more adaptive to digital challenges. Policy recommendations include adopting GDPR principles, strengthening government oversight, and enhancing consumer education. This study's contribution is expected to strengthen a safe, transparent, and equitable e-commerce ecosystem in Indonesia while boosting consumer trust in online transactions.
Implikasi Hukum Perpindahan Pengawasan Aset Kripto dari Bappebti ke OJK terhadap Pelaku Industri dan Investor: (A Comparative Study) Hidayat, Beni Darmawan; Sebyar, Muhamad Hasan
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 4 (2024): Hakim: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i4.2206

Abstract

This research discusses the legal implications for industry players and investors arising from the transition of cryptocurrency supervision in Indonesia, which involves the transfer of authority from the Commodity Futures Trading Supervisory Agency (Bappebti) to the Financial Services Authority (OJK) under the Financial Sector Development and Strengthening Law. This transfer of authority has urgency in terms of improving stability, transparency, and consumer protection in the financial sector and all types of financial assets including crypto assets to be supervised by a single body that has sufficient capacity and competence. This research aims to analyze the legal implication of this change in authority for industry players and investors or consumers. This scientific research uses normative research methods, which include statue approach as the basis for research. The findings of this research indicate that the transfer of supervisory authority over crypto assets has significant legal implications for industry players and investors alike. While this transition is expected to enhance legal certainty and consumer protection, the inherent risks associated with crypto investments, particularly market volatility, remain substantial. Therefore, prompt adaptation, improved coordination between the OJK and Bappebti, and comprehensive investor education are crucial to mitigate risks and ensure the successful implementation of the new regulations.
Legal Issues in the Supervision and Enforcement of Professional Ethics for Advocates in Indonesia Raharjo, Budi; Putra, Rengga Kusuma; Kossay, Methodius
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2287

Abstract

The supervision and enforcement of the advocate code of ethics in Indonesia continue to face various challenges, impacting the effectiveness of the existing regulatory framework. The number of ethical violations committed by advocates has been increasing, from 120 cases in 2018 to 345 cases in 2023, with the most prevalent infractions including conflicts of interest, abuse of authority, and gratification. One of the primary factors contributing to the weak enforcement of the code of ethics is the limited oversight system, which remains confined to advocate organizations without the involvement of independent institutions. This study aims to analyze the effectiveness of the advocate supervision system in Indonesia, compare it with best practices in other countries, and identify measures that can be implemented to enhance accountability and transparency within the profession. The research employs a normative legal method with a comparative law approach and empirical studies. The analysis is conducted on existing regulations, case reports on violations, and interviews with key stakeholders, including advocates, clients, and legal observers. The findings reveal that only 40% of reported violations result in strict sanctions, while merely 10% of advocates found guilty of ethical misconduct face license revocation. Additionally, a survey of 500 respondents indicates that only 35% of the public is aware of the complaint procedures against advocates who breach ethical standards, highlighting the low level of transparency in the supervision system. This study contributes to the discourse by recommending the establishment of an independent institution to oversee advocates' compliance with ethical standards, as well as the increased utilization of digital technology in the supervision system. With more transparent and accountable oversight reforms, it is expected that ethical violations within the legal profession can be minimized, thereby strengthening public trust in Indonesia’s legal system
The Effectiveness of Restorative Justice in Resolving Juvenile Criminal Offenses in Indonesia Erdin, Erwin; Shofiana, Afi; Indar, Indra Jaya
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2288

Abstract

The increasing number of juveniles encountering the legal system in Indonesia underscores the need for a more effective approach within the juvenile criminal justice system (SPPA). Restorative Justice (RJ) has been adopted as an alternative to the conventional punitive-oriented judicial system. However, the implementation of RJ in Indonesia continues to face several challenges, including a lack of understanding among law enforcement officers, limited rehabilitation facilities, and minimal victim participation in the resolution process. This study aims to analyze the effectiveness of RJ in resolving juvenile criminal offenses in Indonesia while identifying the challenges and strategies for improving its implementation. The research employs a normative and empirical legal approach, utilizing case studies of juvenile offenses resolved through RJ. Data is collected through interviews with law enforcement officials, victims, and offenders, as well as an analysis of relevant regulations, such as Law No. 11 of 2012 on the Juvenile Criminal Justice System. Findings reveal that over the past five years, the average success rate of RJ in resolving juvenile cases in Indonesia has reached 60%, with a 45% reduction in recidivism rates compared to the formal judicial system. However, obstacles such as inadequate legal training for law enforcement personnel and limited rehabilitation facilities remain significant challenges in RJ implementation. This study contributes to policy reform discussions on juvenile justice in Indonesia by recommending capacity-building initiatives for legal practitioners and strengthening victim engagement mechanisms in the RJ process. Additionally, it highlights the need for increased investment in rehabilitation infrastructure and further research into the application of RJ in addressing the rising cases of cyber-related offenses among juveniles
Legal Protection for Gig Economy Workers from the Perspective of Labor Law in Indonesia Indra; Nawangsari, Sefti Afi
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2289

Abstract

The gig economy has experienced rapid growth in Indonesia, with a rising number of platform-based workers engaged through digital platforms such as Gojek, Grab, Shopee, and Tokopedia. However, the legal status of gig workers remains unclear, leading to weak labor protections, particularly in terms of access to social security and compliance with minimum wage standards. This study aims to analyze the legal protection available for gig workers in Indonesia and identify regulatory reforms necessary to improve their welfare. Using a normative juridical and empirical approach, the research examines existing labor regulations and conducts a survey involving 300 gig workers in the transportation, logistics, and digital service sectors. The findings reveal that 60% of gig workers lack social security coverage, 70% do not receive wages that meet minimum standards, and only 20% have formal employment contracts. Furthermore, 72% of workers report income instability, while 85% express the need for clearer regulations to safeguard their rights. The study highlights that the ambiguous legal status of gig workers in Indonesia contributes to high job insecurity and significant disparities in labor protection compared to formal sector employees. Therefore, more adaptive regulatory reforms are needed to ensure that gig workers receive legal protection equivalent to that of workers in the formal sector. The findings of this study are expected to serve as a foundation for policymakers in designing more inclusive and responsive labor regulations that address the evolving dynamics of employment in the digital era.
Cyberbullying and Legal Protection for Victims in the Digital Era: A Case Study on Social Media Platforms Marjun; Saroji; Farhan, Farhan
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2290

Abstract

In the digital era, the widespread use of social media has led to a significant rise in cyberbullying cases, which have severe psychological, social, and legal consequences for victims. In Indonesia, the Electronic Information and Transactions Law (UU ITE) regulates cyberbullying; however, its implementation faces numerous challenges. This study aims to analyze the effectiveness of legal protection for cyberbullying victims in Indonesia and identify the challenges in enforcing existing regulations. Employing a juridical approach with qualitative analysis, this research examines relevant legal frameworks and conducts interviews with victims, legal practitioners, and law enforcement officials. Additionally, secondary data from official reports and court decisions are analyzed to understand the enforcement patterns of cyberbullying cases. Findings indicate that reported cyberbullying cases increased from 800 in 2018 to 3,800 in 2023, with the majority occurring on platforms such as TikTok and Instagram. However, only 20% of these reports were acted upon by authorities, and merely 5% resulted in legal consequences for perpetrators. Key obstacles in law enforcement include difficulties in identifying perpetrators using anonymous identities, lack of coordination between social media platforms and law enforcement agencies, and low public awareness regarding reporting mechanisms. This study contributes to policy recommendations aimed at strengthening legal protection for cyberbullying victims. These include regulatory reforms, increased digital literacy initiatives, and the optimization of technology in mitigating cyberbullying in Indonesia
The Urgency of Legal Regulation for Personal Data Protection in Indonesia in the Big Data Era Hukom, Suratman; Humi, Nurma; Lukman, Ilham
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 1 (2025): HAKIM: Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v3i1.2291

Abstract

The rapid development of big data has significantly increased the risk of personal data breaches in Indonesia, highlighting the need for stricter regulations to safeguard personal information. Although Law No. 27 of 2022 on Personal Data Protection (UU PDP) has been enacted, its implementation still faces several challenges, including weak oversight mechanisms and low corporate compliance. This study aims to analyze the effectiveness of the UU PDP in providing legal protection for personal data in Indonesia and compare it with the General Data Protection Regulation (GDPR) in the European Union. Using a normative legal approach and comparative legal methodology, this research examines Indonesia’s data protection regulations and contrasts them with international standards. Findings indicate that more than 60% of companies in Indonesia have not yet fully complied with the UU PDP, while cases of data breaches have increased significantly. Major incidents include the leakage of 279 million BPJS Kesehatan user records in 2021 and 91 million Tokopedia user records in 2020. Additionally, 75% of Indonesian internet users remain skeptical about the security of their data in digital transactions. Compared to the GDPR, the UU PDP still has weaknesses in terms of enforcement and sanctions. While the GDPR imposes fines of up to 4% of a company’s global revenue for violations, the UU PDP still imposes relatively low penalties. This study contributes to policy recommendations aimed at strengthening the implementation of the UU PDP, including the establishment of an independent authority responsible for personal data protection and the enhancement of penalties for violators

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