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INDONESIA
Hakim: Jurnal Ilmu Hukum dan Sosial
ISSN : 29876737     EISSN : 29877539     DOI : 10.51903
Core Subject : Humanities, Social,
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
Articles 195 Documents
Building Public Trust in Indonesia’s Legal System: Case Analysis and Social Implications Syahrir, Mukum; Anindito, Firman Dwi; Nugroho, Dwi Cahyo
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: 10.51903/87s1ed19

Abstract

Public trust in the legal system plays a pivotal role in ensuring the legitimacy and effectiveness of law enforcement in democratic societies. In Indonesia, recurring issues such as judicial inconsistency, law enforcement bias, and unequal access to legal services have contributed to a crisis of confidence among citizens. This study aims to investigate the determinants of public trust in Indonesia’s legal system and to explore the broader social implications through a qualitative case study approach. Data were collected using in-depth interviews with key informants—including legal academics, activists, and citizens—complemented by media content, court rulings, and NGO reports. Thematic analysis, facilitated by ATLAS.ti, revealed three primary dimensions of legal trust: procedural justice, distributive justice, and restorative justice. Key findings show that personal experiences with legal institutions, media portrayal of legal cases, and the quality of institutional communication significantly influence public perceptions of the legal system. Participants who experienced discrimination or unequal treatment expressed higher levels of distrust, while others acknowledged the credibility of institutions such as the Constitutional Court. This study also finds that a lack of proactive and empathetic institutional communication undermines transparency and public legitimacy. The research contributes theoretically by integrating sociological and legal perspectives to understand how legal legitimacy is socially constructed. Practically, the findings highlight the need for structural and communicative reforms to rebuild public confidence in legal institutions. Ultimately, this study argues that trust in the legal system cannot be restored solely through legal formalism, but must also involve participatory engagement and equitable access to justice, especially in the context of Indonesia's evolving socio-political landscape.
Customary Law and Natural Resource Governance: Strengthening Indigenous Rights in Environmental Management Jaenong, Dhita Puthi; Ahimi, Liliana Nur; Zubaedillah, Zubaedillah
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/t8hwbv11

Abstract

This study investigates the role of customary law in natural resource governance with a specific focus on strengthening the rights of Indigenous communities in Eastern Indonesia. The background of this research lies in the marginalization of customary law amid state-centered legal frameworks and the expansion of extractive industries, which often neglect Indigenous environmental stewardship. Using a qualitative case study approach, this research explores two Indigenous communities through in-depth interviews, participatory observation, and document analysis. The study identifies seven major themes—including traditional ecological practices, legal legitimacy, and institutional collaboration—based on thematic coding of 42 interview transcripts. Findings reveal that customary law serves as a culturally embedded regulatory system that effectively preserves biodiversity and maintains social harmony. In regions where formal recognition of customary land rights exists, communities demonstrate stronger environmental governance and reduced conflict. Conversely, areas lacking formal legal acknowledgment face greater legal uncertainty and ecological degradation due to state-imposed concessions. The study highlights the need for an inclusive legal framework that integrates customary and state law to ensure environmental justice. It also contributes conceptually by offering an interdisciplinary model combining juridical and socio-legal perspectives to analyze legal pluralism. This research affirms that customary law is not static but adapts dynamically to social and political changes. As such, the recognition and institutional integration of Indigenous legal systems are essential for achieving sustainable and equitable natural resource management.
Restorative Justice for Online Hate Speech: A Socio-Legal Framework Arda, Ravi; Christian, Deva; Raga, Wirawan Jati
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/zywfje63

Abstract

This study explores the development of a socio-legal framework for restorative justice (RJ) as an alternative approach to addressing online hate speech in Indonesia. In light of the increasing limitations of retributive legal systems—especially in digital contexts—this research investigates how RJ principles can be applied to digital conflict resolution involving victims, offenders, digital communities, and legal institutions. Using a qualitative descriptive design and a socio-legal lens, data were collected through semi-structured interviews, document analysis, and online observation. Findings reveal a substantial gap between formal punitive mechanisms and the social realities of online interaction. While legal actors tend to adopt retributive responses, digital communities have shown greater alignment with restorative practices, including public apologies, dialogue, and empathy.Four major themes rose to the fore: institutional resistance, psychosocial needs of the victims, grassroots initiatives for restorative justice, and the place of ethical technology in that regard. The most important outcome is an approved Socio-Legal Restorative Justice Digital Framework, which synergistically combines normative legal knowledge, community knowledge, and digital mediation tools. The framework theoretically and practically relates to a socio-juridical lexicon for promoting inclusive, participatory, and transformative justice in cyberspace, with an avenue for implementing and evolving adaptive policy in the future.
Legal Protection of Personal Data Privacy in the Digital Era: A Comparative Study between Indonesia and ASEAN Countries Polii, Valentino; Julius, Dian; Banaya, Cristina Looka
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/yjyvvy47

Abstract

The evolution of digital technology in the ASEAN region poses a considerable hurdle to the path of legal protection of privacy concerning personal data. This study aims to identify similarities in the legal frameworks for personal data protection and their practical enforcement in Indonesia, Singapore, Malaysia, and the Philippines. With the qualitative methodology commending comparative study and content analysis, data were collected from official regulations, literature reviews, and interviews with experts in the field of digital law. The main results showed that the protective systems in Singapore and the Philippines were stronger due to the presence of independent supervisory authorities, enforcement of stringent sanctions, and active civil participation from the public. On the other hand, challenges to enforcement and a lack of civil participation offer Indonesia and Malaysia little hope in softening what may be viewed as structural impediments. The study therefore recommends that for the harmonization of policies in ASEAN, supervisory institutions need to be strengthened, definitions of personal data need to be standardized, and public transparency needs to be enhanced. Particularly, this research is important in that it applies an indicator-based comparative approach and offers actionable policy recommendations that can be adopted regionally, addressing the challenges presented by the new digital era.
The Implementation of Blockchain Technology in the Criminal Justice System: Opportunities, Challenges, and Its Implications for Transparency and Accountability Ardian, Rosa Eka Putri; Rozi, Fachrur; Soetikno, Noela
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/ndjn0n19

Abstract

On the contrary, the criminal justice system in Indonesia remains embroiled in challenges such as transparency, accountability, and efficiency due to heavy reliance on manual documentation and convoluted bureaucratic procedures. This study intends to analyze the opportunities, challenges, and implications for the enhancement of transparency and accountability in the criminal justice system through blockchain technology. Data were collected through in-depth interviews, documentation, and participatory observation involving 15 informants from various legal institutions employing a descriptive qualitative and case study approach. Most informants were in favor of implementing blockchain to improve the transparency and integrity of legal data, although some institutional resisters and regulatory uncertainties exist. The originality of this research is primarily due to the integration of the technical, social, and legal perspectives in its interdisciplinary context. Practical implications are revealed for urgent policy reform, training of human resources, and infrastructure for a digital technology base towards enabling transformation in the judiciary.
Efektifitas Kinerja Perangkat Desa Dalam Melayani Masyarakat Berdasarkan UU No. 23 Tahun 2014 Sondang Ruth Lovenia Sinaga; Farhan Azra Hasibuan; Ira Yenita Malau; Tegar Haykal Parapat; Lastri Siregar; Sri Hadiningrum
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 1 (2024): Februari : 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.v2i1.1578

Abstract

This research is motivated by the fact that public services provided by government officials often tend to be complicated, such as: Service procedures, low level of education of officials, work discipline. This greatly influences the quality of public services in village government. This research has the main objective of establishing the government, namely to maintain a peaceful system in which society can live a normal life and improve the welfare of its people. In other words, in essence it is service to the community which is the main function of the government and is the government's obligation in managing its government, both central, regional and especially village governments which have direct contact with the community. This research using normative juridical research methods, normative juridical, namely legal research carried out by examining library materials or secondary data. The research results concluded that the effectiveness of village officials' performance in serving the community is very important in the context of implementing Law no. 23 of 2014. The success of village officials in understanding and implementing it has a direct impact on the welfare of the community at the local level. Therefore, it is necessary to continue to improve the quality of human resources, facilities and infrastructure at the village level to ensure optimal services in accordance with the provisions of the Law.
Perlindungan Hukum Dalam Konsep Negara Kepulauan (Archipelago State) Terhadap Batas-Batas Wilayah Secara Hukum Internasional Seri Mughni Sulubara; Murthada Murthada; Amrizal Amrizal; Mira Ariya Putri; Rubiah Rubiah; Yulpa Yanti; Muttmainnah Mahbengi; Novia Mawarni; Andika Saputra; Azahari Zairie Ahmad
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : 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.v2i2.1681

Abstract

The concept of Indonesia as an archipelago state was recognized by the world after the United Nations Convention on the Law of the Sea (UNCLOS) was ratified on December 10, 1982, and Indonesia has ratified it with Law Number 17 of 1985. The recognition of Indonesia as an archipelagic state is a great gift for the Indonesian people because jurisdictional waters cover 2/3 of the entire area of the country. The water area becomes one unit with the land. Indonesia is an archipelago that stretches from Sabang to Merauke. The theory used in this research is the theory of legal protection. The theory of legal protection is very relevant to the research made here, because there needs to be legal protection regarding territorial boundaries for Indonesia as an archipelagic state. The research method used regarding the protection of international law in the concept of an archipelago state against international legal boundaries is carried out by means of qualitative descriptive research. The data collection technique or instrument used is library research by studying various books as literature, official documents, laws and regulations, results of previous research, and other literature sources related to the problems studied. Indonesia is a country with the largest number of islands in the world. The 1945 Constitution stipulates that Indonesia is an archipelagic country, namely a country that has many islands, namely 17,480 islands with a coastline length of 95,181 km. The Unitary Republic of Indonesia is an archipelago with the largest number of islands in the world and has abundant wealth, including those contained in its outer islands.
Juridical Review Of Minor Marriage Dispensation : (Religious Court Determination Study Number 138/Pdt.P/2022/PA.Kdr) Annisa Ayu Martiana
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 1 (2024): Februari : 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.v2i1.1699

Abstract

Law Number 16 of 2019 which amends the old Marriage Law changes the marriage age limit for women and men to 19 years. So if you are less than 19 years old you are required to go through the marriage dispensation stage at the court. It is known that the marriage dispensation issued by the religious court plays a very important role in carrying out the legal process for underage marriages. In the decision of case number 138/Pdt.P/2022/PA.Kdr, the judge granted the request for a marriage dispensation letter due to the urgent situation that the prospective wife was 4 months pregnant. The research method used in this writing is a qualitative research method with descriptive analysis methods and accompanied by a normative juridical approach. The results of this research explain the conditions that must be fulfilled by the parties to obtain dispensation and analysis of determination number 138/Pdt.P/2022/PA.Kdr.
Analisis Pencemaran Lingkungan pada Sungai Ciujung Serang Banten Berdasarkan Undang-Undang Nomor 18 Tahun 2008 Mabsuti Mabsuti; Aris Saiful Putra; Ida Jubaedah; Putri Putri
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 2 No. 2 (2024): Mei : 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.v2i2.1708

Abstract

Waste is a global issue. Increased waste can cause problems forrthe environment. The main cause of the increase in waste is the household sector. The problem of research into the causes off water pollution in the Ciujung Serang Banten river. This research aims to find out the causes of water pollution in the Ciujung Serang Banten river. This research uses a descriptive analytical approach to describe statutory regulations. The results obtained are not entirely determined by three variables, namely quality, benefits and obligations. Contamination caused by waste resultss in a decrease in water qualityy. Research results can provide information as a basis for consideration, support and ideas for the community to improve environmental sustainability.
Pertanggung Jawaban Pidana Dalam Tindak Pidana Korupsi Yang Dilakukan Oleh Hakim Ahmad Yunus; Moh. Jeweherul Kalamiah
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 1 No. 4 (2023): November : 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.v1i4.1711

Abstract

Judges are often referred to as God's representatives in the world, this is because of the extraordinary role of judges in overseeing the law and upholding justice, including in eradicating criminal acts of corruption. As time goes by, the disease of corruption has not only infected ordinary officials, but even officials tasked with law enforcement, in this case judges, have also been caught in cases of criminal acts of corruption. Of course, this is not a trivial problem, where a judge who is supposed to uphold legal norms in order to achieve justice and peace in society, instead commits a criminal act of corruption. The criminal act of corruption is a criminal act that falls into the category of extra ordinary crime, this is because the impact of this criminal act of corruption is very large and systematic. Therefore, the state, in this case represented by the government, must make special breakthroughs in responding to judges who commit criminal acts of corruption, of course one of which is by using criminal law instruments which contain penalties. The punishment of criminals whose status is an ordinary person should not be equated with those whose status is a state official, in this case a judge. In this legal matter, the state must really show its teeth to prove to the public that law enforcement in Indonesia is not only sharp downwards but also sharp upwards. In this research the author will discuss criminal responsibility in criminal acts of corruption committed by judges.