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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 211 Documents
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Pengaturan Jenis Pekerjaan dan Jangka Waktu Pekerja/Buruh Alih Daya Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023 Hana Gracia Berliana; Purwono Sungkowo Raharjo; Rosita Candrakirana
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.v2i2.1828

Abstract

The Employment Law defines employment relationships and types of work agreements in Indonesia, including fixed-term work agreements (PKWT) and indefinite-term work agreements (PKWTT). Apart from that, the discussion also includes outsourcing and the impact of the Job Creation Law, which is viewed differently by various parties, with concerns that the law benefits employers more than workers/laborers. This research uses doctrinal/normative research methods. The aim of this research is to determine the regulation of the type of work and term of outsourced workers/laborers after the enactment of Law Number 6 of 2023. Based on the research and discussions carried out, it is concluded that the Job Creation Law is still unable to provide protection and facilitate rights. - maximum outsourcing worker/labor rights. First, regarding the type of work, the enactment of the Job Creation Law officially expands the scope of types of work that can be done by outsourced workers/laborers which were initially only limited to supporting non-core business, but with the enactment of the Job Creation Law, it was expanded to core business work. . Second, currently outsourced workers/laborers can be employed using a Certain Time Work Agreement (PKWT) or an Indefinite Time Work Agreement (PKWTT) system. With the enactment of the Job Creation Law, the maximum term limit for PKWT workers, which was previously set at three years in the Manpower Law, has now been extended to five years.
Analisis Yuridis Cyber Crime Pembobolan Dana Nasabah pada Aplikasi Mobile Banking dengan Modus Pembobolan Jalur Undangan Pernikahan Palsu Angela Gabriela Bupu; Karolus Kopong Medan; Heryanto Amalo
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.v2i2.1829

Abstract

The purpose of this research is to analyze the juridical cybercrime of breaking into customer funds on mobile banking applications with the mode of breaking into fake wedding invitation lines. This research is an empirical legal research that examines all legal events that have occurred through a case approach. Retrieval is done in two ways, namely interviews and document studies. The data obtained is then presented descriptively qualitative. The results showed that the form of responsibility of the Bank to the victim can be in the form of compensation or refund but if the customer can prove that the money was lost due to the fault of the Bank. The countermeasures taken by the Bank are strengthening the mobile banking security system while the efforts of the NTT Regional Police are conducting socialization, cyber patrols, and making preventive and repressive efforts. The obstacles experienced by the NTT Regional Police are the lack of government supervision in the use of the internet, aspects of evidence, and jurisdiction, as well as the lack of public knowledge of cyber crime. Therefore, suggestions for the results of this study are Suggestions that researchers can put forward are the need for special provisions that explicitly regulate mobile banking. The government should provide legal certainty to create a clean and safe social media environment.
Perlindungan Hukum terhadap Pemegang Hak Cipta Atas Penggunaan Logo Perguruan Tinggi Universitas Teknologi Sumbawa pada Penjualan Merchandise oleh PT. Olat Maras Teknologi di Sumbawa Nusa Tenggara Barat Nurul Azizah; Aloysius Sukardan; Orpa J. Nubatonis
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.v2i2.1830

Abstract

The research objectives are (1) To determine the legal protection of copyright holders for the use of the Sumbawa University of Technology logo in the sale of merchandise by PT. Olat Maras Technology in Sumbawa, West Nusa Tenggara. (2) To find out the legal consequences for business actors who sell merchandise using university logos without permission. The benefit of research is to increase information to the public in general and especially to merchandise business actors, the importance of having permission to use a logo. The method used in this research is the empirical legal method. The results of the research show that: (1) Copyright law protection for the community and students at Sumbawa University of Technology is moderate, because their understanding of the existence of copyright law regarding logos is only limited to discussion and they still order merchandise even though they don't know about the legality of the use of the logo used in making it. merchandise. (2) There are legal consequences for business actors who sell merchandise using university logos without permission. These include sales restrictions and product withdrawals, termination of business activities, legal sanctions, civil lawsuits and revocation of business permits. The conclusions in this research are (1) The legal protection of the Sumbawa University of Technology in the use of copyright for making merchandise by PT Olat Maras Teknologi Sumbawa is categorized as moderate, because the students of the Sumbawa University of Technology only ask questions without considering the goods they will buy. (2) legal consequences for business actors who sell merchandise using university logos without permission, namely termination of business activities. The author's suggestion is that Sumbawa University of Technology must immediately take further action to address the issue of permission to use the university's logo on merchandise produced by PT Olat Maras Teknologi. This could include further negotiations between the College and PT Olat Maras Teknologi to regulate the legal use of the College logo.
Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah terhadap Pelaksanaan Anggaran Stunting Tahun 2021-2022 di Kabupaten Timor Tengah Selatan Tikwa Petronela Selan; Saryono Yohanes; Yosef Mario Monteiro
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.v2i2.1831

Abstract

The purpose of this study is to analyze the supervisory function of the regional people's representative council on the implementation of the 2021-2022 stunting budget in South Central Timor District. The type of research used by researchers is empirical legal research. The types of data used in this research are primary data, secondary data, and tertiary data. Data collection techniques using interviews, observation, and literature/documentation studies. The population in this study includes all parties involved in the function of the South Timor Tenggah Regency Regional House of Representatives in supervising the stunting budget in South Timor Tenggah Regency, namely, the Health Office, DPRD members, and the community. The sample technique used in this study was purposive sampling. Data processing techniques through editing, coding, tabulation, and verification. The result of this study is that the Government of Indonesia is very serious in dealing with the problem of stunting in Indonesia so that the government issued several regulations in order to prevent and control stunting in Indonesia. The regulation of the supervisory function by the DPRD on the implementation of the stunting budget has not been implemented properly due to the lack of communication between the executive and the legislature.
Efektivitas Pelaksanaan Fungsi Dinas Pekerjaan Umum dan Penataan Ruang Kabupaten Sumba Timur dalam Mengelola Irigasi di Kecamatan Kambera Kabupaten Sumba Timur Berdasarkan Peraturan Pemerintah Nomor 20 Tahun 2006 tentang Irigasi Dwi Sari Rambu Andu Uma Ndjurumbaha; Josef Mario Monteiro; Rafael Rape Tupen
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.v2i2.1832

Abstract

The purpose of this study was to determine and analyze the effectiveness of the implementation of the functions of the public works and spatial planning offices in managing irrigation in Kambera District, East Sumba Regency. To determine the factors inhibiting the effectiveness of the implementation of the functions of the public works and spatial planning offices in managing irrigation in Kambera District, East Sumba Regency. The type of research used by this researcher is empris juridical method and the data is analyzed descriptively qualitative in which the focus of the research is procurement planning, implementation, supervision, and accountability of irrigation management, as well as inhibiting factors, namely research whose data is directly obtained from the research location of 13 resource persons. The results of this study indicate that the implementation of the functions of the Public Works and Spatial Planning department in irrigation management in Kambera District, East Sumba Regency, starting from planning, implementation, supervision, accountability of irrigation management that has not been done optimally. Factors inhibiting the implementation of the functions of the Public Works and Spatial Planning Office in managing irrigation in Kambera District, East Sumba Regency include: human resources of ASNs within the Public Works and Spatial Planning Office, especially the Water Resources sector which is lacking in both quality and quantity, inadequate facilities and infrastructure factors and a budget that is lacking and not in accordance with the needs.
A Planet in Crisis, Law on Trial: Toward a Just and Inclusive Geopolitics of Sustainability Sugiyono, Leony Franaisca; Anandatia, Via; Nandini, Gusti
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 3 (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/cynexg29

Abstract

The global ecological crisis, marked by climate change, biodiversity loss, and natural resource degradation, has revealed the limitations of existing legal frameworks in ensuring environmental sustainability. While international environmental law has developed significantly through instruments such as the Kyoto Protocol and the Paris Agreement, its implementation remains deeply uneven due to geopolitical power imbalances, historical responsibilities, and disparities in technical and financial capacities between the Global North and South. This study critically examines the intersection of environmental law and global geopolitics, arguing that legal mechanisms alone are insufficient without addressing underlying structural inequalities. Employing a multidisciplinary approach that integrates international law, political ecology, and sustainability studies, the research highlights three major areas: the evolution of international legal instruments, the geopolitical asymmetries in their implementation, and the emergence of inclusive and just sustainability initiatives. Furthermore, the study underscores the transformative role of non-state actors, particularly indigenous communities, civil society organizations, and transnational grassroots movements, in shaping global environmental governance. The novelty of this research lies in its emphasis on law as a political and normative tool to challenge dominant paradigms and reconstruct a more equitable global environmental order. The findings offer strategic insights for policymakers, legal scholars, and advocacy groups committed to promoting ecological justice in the era of the climate crisis.
Gender Inequality in the Enforcement of Criminal Law: A Case Study of Sexual Violence Victims in Indonesia Septiawan, Rendi; Isyri, Neria Fatihatul; Failasufa, Juana
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 3 (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/cwyp5h04

Abstract

Gender inequality in criminal law enforcement remains a persistent problem in Indonesia, particularly in cases involving sexual violence. Although legal reforms such as the Law on Sexual Violence Crimes (UU TPKS) aim to protect victims and uphold justice, many women survivors continue to face obstacles in the justice system. This study aims to examine the structural and cultural barriers that hinder fair and gender-sensitive legal processes for victims of sexual violence. A qualitative method was elawmployed, using in-depth semi-structured interviews and document analysis with survivors, police officers, and prosecutors across five provinces: West Kalimantan, Central Kalimantan, South Sulawesi, Central Java, and East Nusa Tenggara. The core finding of the study is that gender bias and institutional inadequacy consistently undermine the realization of justice for victims. law enforcement officers often lack adequate gender-based training and hold discriminatory attitudes toward victims. Survivors frequently experience secondary victimization, such as victim-blaming and revictimization during legal proceedings, which discourages them from pursuing justice. Structural limitations, such as insufficient personnel, poor inter-agency coordination, and influence from powerful perpetrators, also contribute to case withdrawals and legal stagnation. This study highlights a significant gap between normative legal frameworks and their practical implementation. The novelty of this research lies in its empirical exploration of both victim experiences and institutional challenges in law enforcement. The study contributes to gender and legal scholarship by offering insights for reforming criminal justice practices. It recommends institutional training, victim-centered procedures, and stronger enforcement of gender-sensitive legal standards. In conclusion, achieving justice for sexual violence victims requires systemic change that prioritizes survivor dignity, agency, and legal protection.
The Socio-Legal Implications of Digital Death and Data Inheritance Imala, Yanti Desi; Novrianda, Finda; Sujito, Fino Gani; Axelasia, Leni
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 3 (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/n5e2hw14

Abstract

Digital identity after biological death raises significant questions regarding the question of ownership, access, and inheritance of data. Objects of digital properties, to include social media profiles, cloud storage, and online transaction histories, are now practically inseparable from personal identity. However, these questions regarding accessing postmortem data are still underdeveloped in legal and policy terms. The objective of this study is to investigate the socio-legal implications of digital death using the interplay of social norms, legal systems, and digital platform policies. The qualitative exploratory case study method was used to collect data employing semi-structured interviews with bereaved families, legal specialists, and representatives from technology platforms. Hematic analysis yields five core findings: legal access generally requires court orders; public awareness of digital inheritance is minimal; jurisdictional variation creates confusion; digital accounts are memorialized spaces; and there are ethical tensions between postmortem privacy and family rights. The study concludes that social norms currently develop more responsively than legal or technical systems, with the result being informal but risky practices on the part of families. This research contributes an integrative socio-legal framework to guide inclusive and ethical digital inheritance policy. It requires harmonized law, public literacy, and cross-platform collaboration to maintain human dignity and digital rights after death. 
The International Legal Framework and Social Justice: An Evaluation of the Effectiveness of Transnational Human Rights Instruments Zholanda; Syawal, Ismi Nuris; Fadilla, Nayla Nazura
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 3 (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: 10.51903/4mf6xm54

Abstract

The international legal framework is designed to protect human rights, while the question of whether it can bring about social justice is still a matter of debate. The purpose of this study is to evaluate the efficacy of transnational human rights instruments, namely the ICCPR and ICESCR, in addressing inequality and improving social welfare across various countries. In South Africa and Indonesia, effective implementation is hampered by structural and institutional constraints. The most important contribution of the study is its fusion of analyses that are legal, social, and political. Most importantly, the study examines and evaluates how applied using a qualitative evaluative research design with comparative case studies between Sweden, South Africa, and Indonesia, on human rights. The data collection methods include document analysis, interviews, and secondary data from global indices. This article's findings indicate that Sweden has managed to successfully incorporate human rights norms into the legal framework and social protection mechanisms, resulting in high attainment of social justice. Conduct empirical research into the cross-national effectiveness of human rights instruments. The implication of this study suggests that the successful implementation of international human rights instruments depends, to a large extent, on the domestic context and the institutional capacity in question. Beyond the theoretical contribution, the findings also provide practical guidance for global human rights governance. Strengthening international monitoring and reporting mechanisms, as well as aligning them with domestic institutional reforms, can serve as a roadmap for policymakers to design more effective strategies in bridging the gap between normative commitments and tangible social justice outcomes.
Global Digital Trade Regulation: An International Law Perspective on Cross-Border Data Flows and Privacy Standards Fahriawan, Hendra; Hasibuan, Ibnu Habibi; Rahmawati, Amanda
Hakim: Jurnal Ilmu Hukum dan Sosial Vol. 3 No. 3 (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/qgrchv12

Abstract

Digital trade has become the backbone of a data-driven economy; however, no international legal framework exists at present for the regulation of cross-border data flows in any fair and effective manner. This research is interested in an analysis of international digital trade regulations under the architectures of international law, particularly in tension between economic liberalization and the protections provided by privacy laws. The research utilizes a normative qualitative method through content analysis of 27 multilateral, regional, and national legal documents in conjunction with a literature review and comparative analysis. The study reveals a significant extent of regulatory fragmentation across jurisdictions like the European Union with the GDPR, China's PIPL, and a sectoral system in the United States. Such fragmentation is reflective of differing foundational legal values acting in the attorney space, leading to both legal uncertainty and dual compliance costs, as well as potential conflicts between states' regulations. The current study presents a normative model based on three principles of international law: non-discrimination, sovereignty of states, and protection of human rights, for creating an inclusive global legal framework. In theory, this study serves an important purpose of extending the discourses of international law and digital geopolitics. In practice, it will lay down a roadmap for a global policy addressing regulatory conflict resolution and support participation by developing countries, whereas issues of digital trade can gain much from multilateral cooperation. Thus, the proposed framework will not only bridge theoretical gaps but also give precise guidance for the establishment of a fair, representative, and sustainable global policy architecture.

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