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Kajian Ilmiah Hukum dan Kenegaraan
Published by Goodwood Publishing
ISSN : -     EISSN : 30252539     DOI : https://doi.org/10.35912/kihan
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Kajian Ilmiah Hukum dan Kenegaraan (KIHAN) is a peer-reviewed journal that publishes quality papers in the fields of law and state. KIHAN aims to become a credible source related to law studies and mediates academicians, researchers, and practioners in dissemination their findings and ideas to solve various law and state issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
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Search results for , issue "Vol 4 No 2 (2025): Desember" : 3 Documents clear
Transformation of Indonesia’s Licensing System: A Juridical Analysis of Risk-Based Approach Implementation in Practice Irawan, Donny; Pattynama, Francis Maryanne; Pradita, Fajar; Idhom, Muhammad; Prasadja, Yanas Putra; Hayakawa, Narumi; Harya, Gyska Indah
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.6352

Abstract

Purpose: This study aims to analyze the legal basis, implementation, and challenges of Risk-Based Business Licensing (Perizinan Berusaha Berbasis Risiko/PBBR) as regulated in Government Regulation Number. 28 of 2025 in Indonesia. Methodology/Approach: This study employs a normative empirical approach. Normatively, it examines the administrative law principles underlying PBBR, whereas empirically it analyzes its implementation through the Online Single Submission (OSS) system and its impact on public service efficiency. Results/Findings: This study finds that PBBR represents a significant reform in Indonesian administrative law by applying the principles of proportionality, legal certainty, and public benefit. Empirically, its implementation has improved the efficiency of business licensing services, particularly through faster processing via the OSS system. However, several substantive and technical challenges remain, including inadequate digital infrastructure, overlapping regional and central regulations, and low legal literacy among micro and small business actors regarding risk classification and standard certification obligations. Conclusions: This study concludes that PBBR improves efficiency and legal certainty but is constrained by infrastructure, regulatory overlap, and low MSME legal literacy. Further improvements are needed. Limitations: This research is limited to regulatory analysis and selected empirical observations and does not include large-scale field surveys or quantitative measurement of business performance outcomes. Contributions: This study contributes to the development of administrative law and public policy literature by providing an integrated analysis of risk-based licensing reform in Indonesia and offering practical recommendations for improving institutional capacity and regulatory harmonization.
Consumer Protection Law in Indonesia: Legal Framework, Enforcement, and Challenges Irawan1, Donny; Utami, Rahayu Sri; Idhom, Idhom; Darmanto, Moch Oka Syah Darmanto
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.6353

Abstract

Purpose: This study analyzes the legal framework, enforcement, and contemporary challenges of consumer protection law in Indonesia, focusing on Law No. 8 of 1999 (the Indonesian Consumer Protection Law) in the digital economy era. Methodology/approach: Normative juridical research using a literature review and comparative analysis of legislation, court decisions, and scholarly articles. Tools include Mendeley for reference management and Turnitin (no repository) for plagiarism checks. Results/Findings: This study finds that Indonesia has a strong normative consumer protection framework; however, enforcement is fragmented. Digital transactions, fintech, and e-commerce create risks that are not fully addressed by existing laws. Weak institutional coordination and low consumer awareness limit effective protection, causing many violations to remain unresolved. Conclusions: This study concludes that Indonesia’s consumer protection framework is normatively strong but faces challenges in the digital economy. The emerging risks from e-commerce and fintech have not been fully addressed, while fragmented enforcement, weak institutional coordination, and low consumer awareness limit their effectiveness. Therefore, improvements in regulatory adaptation, institutional integration, and legal literacy are required to ensure better consumer protection. Limitations: This study is limited to a normative legal analysis based on the literature and statutory review. It does not include empirical field surveys, interviews, or primary data from consumers, regulators, or business actors. Contributions: Provides updated insights for regulators, academics, and practitioners on improving consumer protection in the digital economy.
Copyright Certification of Son Horek Works in East Java: Social Impact and Legal Implications Utami, Rahayu Sri; Rezki, Moch. Gufron Fajar
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.6354

Abstract

Purpose: This study examines the legal approval of copyright over Son Horek, a traditional cultural expression originating from indigenous communities in East Java, and analyzes its socio-cultural and legal implications. The research focuses on how the transformation of Son Horek into a commercial product has triggered ownership claims that marginalize indigenous communities as the original collective custodians. Methodology/Approach: This study adopts a juridical-normative and sociological approach. It analyzes Indonesian Copyright Law No. 28 of 2014 and examines its application to traditional cultural works. The research also incorporates socio-legal perspectives to assess the impact of copyright recognition on indigenous communities and their cultural practices. Results/Findings: An imbalance exists between individual legal rights and collective indigenous rights, causing unfair recognition, cultural distortion, and the risk of criminalization. Conclusions: The study reveals a mismatch between individual-based copyright law and the collective nature of Son Horek, thereby marginalizing indigenous communities. Limitations: This study is normative and socio-legal in nature and does not include empirical field surveys or quantitative measurements. Future studies may strengthen the analysis through ethnographic research and participatory methods involving indigenous stakeholders. Contributions: This study contributes to legal and cultural scholarship by offering a critical perspective on the protection of traditional cultural expressions. It emphasizes the need for an inclusive, contextual, and justice-oriented legal framework that integrates the principle of interlegality and strengthens the role of customary institutions in recognizing collective cultural rights.

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