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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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Implementation of Customary Law in Land Dispute Resolution in Indigenous Law Communities Adila, Arina; Alexandra, Sallie
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.v3i1.2296

Abstract

Land disputes within indigenous law communities remain a complex and evolving issue in Indonesia. Although customary law is recognized within the national legal framework, its implementation continues to face various challenges, including limited formal recognition and overlapping agrarian regulations. This study aims to analyze the effectiveness of customary law in resolving land disputes, compare it with national litigation mechanisms, and identify factors influencing its application. Employing both empirical and normative legal approaches, this research utilizes in-depth interviews, observations, and legal document analysis. The study sample includes customary leaders, agrarian officials, law enforcement officers, and disputing community members. Findings indicate that 75% of the 100 land dispute cases examined were successfully resolved through customary mechanisms, whereas only 30% of cases reached resolution through national litigation. Additionally, the average time required for dispute resolution under customary law was approximately four months, significantly shorter than the three to five years typically needed for litigation. Key factors supporting the effectiveness of customary law include the flexibility of deliberative mechanisms, high community compliance, and a restorative justice approach. However, the implementation of customary law still faces challenges regarding legal legitimacy, external interventions, and the lack of regulatory support to accommodate indigenous dispute resolution mechanisms. Therefore, more inclusive policies are needed to integrate customary law into the national legal system, creating a more effective and equitable dispute resolution framework
Criminalization of Online Gender-Based Violence (OGBV): Challenges and Solutions in Indonesian Criminal Law Hukumu, Sahrul; Syahrir, Mukum; Lukum, Abdul Fatah
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.v3i1.2297

Abstract

Online Gender-Based Violence (OGBV) is an escalating phenomenon in Indonesia, driven by the advancement of digital technology, which enables perpetrators to commit various forms of gender-based violence through online platforms. Data from the National Commission on Violence Against Women (Komnas Perempuan) indicate a sharp rise in OGBV cases, from 1,200 cases in 2018 to 8,500 cases in 2023, suggesting that existing regulations remain insufficient in providing adequate protection for victims. This study aims to analyze the challenges in the criminalization of OGBV in Indonesia and to evaluate the effectiveness of existing regulations, particularly the Electronic Information and Transactions Law (UU ITE) and the Indonesian Penal Code (KUHP). A juridical approach with qualitative analysis is employed, incorporating an examination of current regulations, case studies of court rulings, and interviews with victims and law enforcement officials. The findings reveal that sanctions imposed on perpetrators remain relatively lenient, with only 18% of reported cases being processed by law enforcement, and less than 6% resulting in convictions. Furthermore, existing regulations do not comprehensively address the various forms of OGBV, making it challenging for victims to seek justice. This study underscores the necessity for a more specific and gender-sensitive revision of criminal law to enhance victim protection. The findings are expected to serve as a foundation for policymakers in formulating more effective regulations to combat OGBV in Indonesia.
The Effectiveness of Artificial Intelligence in Judicial Decision-Making in Indonesia Hukom, Rafli; Martinus
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.v3i1.2298

Abstract

The advancement of artificial intelligence (AI) technology has brought significant transformations across various sectors, including the judicial system. Countries such as China and the United States have adopted AI in legal decision-making, whereas Indonesia remains in the early stages of implementing this technology. While AI has the potential to enhance judicial efficiency, challenges related to regulation, transparency, and algorithmic bias raise concerns regarding the accuracy and fairness of legal rulings. Therefore, this study aims to analyze the effectiveness of AI utilization in Indonesia’s judicial system, identify key challenges, and propose policy recommendations. This research employs both normative and empirical approaches by examining AI-related regulations and conducting interviews with judges and technology experts in Indonesia. The findings indicate that 65% of judges in Indonesia remain skeptical about AI's role in legal decision-making. In contrast, in countries like China, AI adoption in the judiciary has improved case resolution efficiency by 30–40%. Additionally, a public survey reveals that while 55% of respondents believe AI can enhance the objectivity of legal rulings, 45% remain concerned about potential algorithmic bias. Furthermore, the study highlights that Indonesia lacks specific regulations governing AI in the legal system, which may hinder the widespread adoption of this technology. This research contributes to understanding the readiness of Indonesia’s judicial system in integrating AI and emphasizes the necessity of clear regulations and robust oversight mechanisms to ensure transparency and accountability. The findings are expected to serve as a foundation for policymakers in formulating comprehensive regulations to optimize AI implementation in the Indonesian judicial system
Copyright Protection in the NFT Ecosystem: Legal Challenges and Policy Recommendations for Indonesia Mulfirana; Khausan, Makmur; Taufik, Moh
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.v3i1.2299

Abstract

Non-Fungible Tokens (NFTs) present significant opportunities for the creative industry in digitizing and monetizing artistic works. However, a major challenge arises in copyright protection, particularly in Indonesia, which has yet to establish specific regulations addressing NFTs within its intellectual property (IP) law framework. Currently, legal protection relies on Law No. 28 of 2014 on Copyright, which does not fully accommodate the characteristics of blockchain technology. This study aims to analyze copyright protection in Indonesia's NFT ecosystem, compare it with regulatory frameworks in the United States and the European Union, and provide policy recommendations that are more adaptive to the advancement of digital technology. The research adopts a normative juridical approach, incorporating comparative legal analysis and empirical studies through interviews with 15 key stakeholders, including digital artists and legal practitioners. The findings indicate that 78% of respondents perceive Indonesia’s current regulatory framework as ineffective in protecting NFT copyrights, whereas regulatory developments in the United States and the European Union have successfully reduced NFT copyright disputes by 40% over the past five years. Additionally, an analysis of 30 NFT-related disputes on OpenSea and Rarible reveals that 65% of cases involve copyright claims that cannot be effectively resolved through national legal mechanisms. This study recommends implementing a takedown notice mechanism, integrating smart contracts for creator royalties, and strengthening digital arbitration frameworks within Indonesia’s legal system. With clearer regulations, Indonesia’s NFT ecosystem is expected to develop with stronger legal protections for digital content creators
Legal Issues in the Oversight and Enforcement of Advocate Professional Ethics in Indonesia Rosdiana; Arda, Ravi; Yanti, Desi
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.v3i1.2300

Abstract

The oversight and enforcement of the advocate code of ethics in Indonesia continue to face various challenges, affecting the effectiveness of existing regulations. The number of ethical violations among advocates has increased significantly, rising from 120 cases in 2018 to 345 cases in 2023. The most common infractions include conflicts of interest, abuse of authority, and gratuities. One of the primary factors contributing to weak ethical enforcement is the current oversight system, which remains limited to advocate organizations without the involvement of an independent regulatory body. This study aims to analyze the effectiveness of advocate oversight mechanisms in Indonesia, compare them with best practices in other jurisdictions, and identify measures to enhance accountability and transparency in the legal profession. The research employs a normative legal method with a comparative law approach and empirical studies. The analysis includes an examination of existing regulations, case reports on ethical violations, and interviews with key stakeholders, including advocates, clients, and legal analysts. The findings indicate that only 40% of reported violations result in strict sanctions, while only 10% of advocates found guilty of ethical breaches face license revocation. Additionally, a survey of 500 respondents reveals that only 35% of the public is aware of the procedures for filing complaints against unethical advocates, highlighting a lack of transparency in the oversight system. This study contributes to the discourse by recommending the establishment of an independent regulatory body to monitor advocate compliance with ethical standards and the enhanced utilization of digital technology in the oversight system. With more transparent and accountable regulatory reforms, ethical violations within the legal profession can be minimized, ultimately strengthening public trust in Indonesia’s legal system.
Analisis Hukum terhadap Klaim Greenwashing Akuntabilitas Hukum di Era Branding Berkelanjutan Raharjo, Budi; Kossay, Methodius
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 2 (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/sp9aj288

Abstract

Greenwashing poses significant challenges to sustainability initiatives in Indonesia, where weak regulatory frameworks and inconsistent enforcement exacerbate the issue. This study explores the interplay between greenwashing practices and legal regulations, aiming to identify gaps and propose solutions to address the problem. Employing a qualitative case study design, the research utilized document analysis, semi-structured interviews, and content observation to gather data from multiple stakeholders, including legal experts, industry practitioners, and consumer organizations. The findings reveal that 55% of sustainability claims in marketing materials lack verifiable evidence, highlighting transparency as a critical concern. Weak regulatory oversight and the absence of standardized definitions for terms like "sustainable" or "eco-friendly" further complicate the issue. The study identifies transparency, monitoring, and legal accountability as key themes requiring immediate attention. The research contributes to the existing literature by integrating legal perspectives with sustainable branding strategies, particularly in the context of developing countries. It also underscores the need for regulatory reforms that emphasize clear standards and stringent sanctions. Practical implications include recommendations for regulators to enhance oversight mechanisms and for companies to prioritize transparency to gain consumer trust. Future research should explore the effectiveness of standardized sustainability metrics and evaluate cross-country regulatory frameworks. This study offers a comprehensive foundation for addressing greenwashing and fostering authentic sustainability practices.
Persepsi Siswa Terhadap Praktik Pelanggaran Hak Asasi Manusia Di Media Sosial: Pada Kalangan Pelajar SMA Nasution, Dita Maisaroh; Elzenia, Alia Dwi; Salfira , Belsa; Musryid, Ekmal; Putri, Nabila Ananda; Jefita, Nadely Syarrova; Athifa, Naela; Tahmi, Tamala; Yuliana; Hambali
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 2 (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: 10.51903/8fkfb520

Abstract

This study explores high school students' perceptions and awareness of human rights violations (HRV) on social media. Using a mixed-method approach involving interviews and questionnaires with 100 students from five schools in Pekanbaru, the research reveals that the majority of students recognize various HRV issues such as hate speech, cyberbullying, discrimination, and privacy violations, and understand their impacts. Approximately 75% of students feel responsible to report HRV incidents, though some hesitate due to fear or perceived helplessness. While most students are familiar with the term HR, only 60% can accurately define protected rights like privacy and freedom from bullying. The average awareness score is 7.5 out of 10, influenced by socio-economic background and parental education. Findings indicate that 70% have witnessed hate speech, 55% have experienced or observed cyberbullying, and 60% acknowledge that spreading hoaxes infringes on the right to information. A significant majority (85%) agree that HR education should be integrated into school curricula. Despite high awareness levels, students' understanding of the boundaries and consequences of digital expression remains limited, highlighting the need for ongoing educational interventions and curriculum development in digital ethics and human rights. The study emphasizes the importance of continuous literacy programs and recommends further research with broader geographic scope and qualitative methods to deepen understanding.
Legal Authority Crisis in Indigenous Forest Management: The Relationship between Dayak Customary Law and State Law in Kalimantan Musrifah, Musrifah; Syarifah, Hanni Naylatus
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 2 (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/yt043329

Abstract

The crisis of legal authority in the management of customary forests reflects deep-seated issues in the relationship between customary law and state law in Indonesia, particularly in the context of the Dayak indigenous community in Kalimantan. This research aims to identify and analyze the dynamics of legal conflicts and authority imbalances in forest management recognized as customary areas by local communities, but often claimed as state forest areas by the government. Using a descriptive-analytical qualitative approach and case study method, this research focuses on two strategic areas, namely Lamandau Regency and Gunung Mas. Data were collected through in-depth interviews, field observations, and analysis of legal documents as well as customary territory maps from BRWA and AMAN. The research results indicate that the tension between customary law and state law is evident both structurally and in practice. On one hand, indigenous communities uphold principles of management based on local wisdom, spirituality, and social collectivism; on the other hand, the state imposes a positive law approach and administrative logic on forest areas. This conflict not only creates legal uncertainty but also marginalizes the role of indigenous communities as key stakeholders. The findings also indicate the existence of resistance efforts undertaken by indigenous communities through participatory mapping, strategic litigation, and strengthening local institutions. This research concludes that an approach of legal pluralism and substantial recognition of customary legal authority is a crucial step in creating ecological and social justice for indigenous communities.
Restorative Justice in the Handling of Minor Criminal Offenses: Effectiveness and Societal Challenges Alexandra, Sallie; Alexa, Vinda Sari; Rosdiana, Rosdiana
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 2 (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: 10.51903/4bm71744

Abstract

Often, retributive approaches in Indonesia's criminal justice system have failed to address minor offenses fairly and efficiently. The study intends to assess the feasibility of restorative justice (RJ) in practice while also addressing the social and institutional challenges that come with handling minor cases in urban and semi-urban areas. Using qualitative methods within a descriptive-evaluative approach, it analyzes 10 real cases from East Jakarta and Depok involving 25 informants from five major stakeholder groups. Findings indicate that almost 80% of the cases were appropriately disposed of through community mediation, the results of which were satisfying to victims, fastened processes, and no harm caused to the offenders. On the contrary, there were some challenges, such as limited knowledge among law enforcement officers, a lack of training, and victims' disbelief in those solutions. It recommends success indicators defined from the culture of field practices and introduces a modeled policy for RJ in the Indonesian context. What makes this research novel is the cross-actor approach and theoretical integration that truly minimizes the gap between law-related formal regulations and restorer justice in practice.
Digital Transformation and Legal Awareness: An Empirical Study on Citizen Engagement through Legal Reporting Applications in Urban Areas Sosal, Baron; Agustiansyah, Budi; Kinaya, Neria
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 2 (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/gb0skf91

Abstract

Digital transformation has significantly reshaped how urban citizens interact with legal systems, particularly through mobile applications such as LAPOR!, Qlue, and JAKI. While these platforms are intended to promote legal awareness and civic participation, their effectiveness remains unclear due to the gap between technological adoption and legal literacy. This study aims to examine the extent of citizen engagement in legal reporting via digital platforms and assess how digital transformation influences legal awareness in urban settings. Employing a quantitative approach, the study used an online survey method with 300 respondents from Jakarta, Bandung, and Surabaya—cities known for implementing legal reporting applications. The data were analyzed using descriptive and inferential statistics, including chi-square tests and logistic regression. The results indicate a relatively high usage rate of legal reporting apps; however, users' understanding of legal procedures remains moderate. Statistical analysis revealed that frequency of app usage and trust in legal institutions significantly affect legal awareness. Nevertheless, technological engagement alone does not automatically translate into improved legal understanding. The study highlights the need for integrated digital legal education within reporting applications and emphasizes institutional transparency as a driver of citizen trust and participation. This research contributes to the e-governance literature by proposing legal awareness as a critical normative variable, offering theoretical insights and practical recommendations for building more inclusive and participatory digital legal systems.

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