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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 5 Documents
 1 
Search results for , issue "Vol. 3 No. 1 (2024): Juni" : 5 Documents clear
Pemidanaan terhadap Pelaku Tindak Pidana Penebangan Hutan Tanpa Izin Berdasarkan Trilogi Tujuan Hukum Septiani, Annisa Eka; Shafira, Maya; Tamza, Fristia Berdian; Firganefi, Firganefi
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 1 (2024): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i1.4078

Abstract

Purpose: This study aims to analyze the punishment of perpetrators of unlicensed logging based on the trilogy of legal objectives: justice, legal certainty, and expediency. Methodology: The research method used is juridical-normative with a qualitative descriptive approach. This research focuses on analyzing Decision No. 379/Pid.B/LH/2023/PN.Tjk, supported by literature studies and secondary data in the form of laws and regulations. Results: The results showed that the criminalization in the cases studied tended to prioritize aspects of legal certainty, such as the enforcement of formal legal norms. However, aspects of substantive justice, especially for affected communities, have not been fully achieved. Likewise, legal expediency related to efforts to prevent environmental damage still requires strengthening to have a broader impact. Conclusion: This study highlights that the punishment of perpetrators involved in illegal deforestation must align with the three primary goals of law: legal certainty, justice, and utility. Legal certainty requires clear and consistent sanctions to deter illegal activities. Justice demands proportional punishment based on the environmental damage caused, while utility emphasizes the long-term benefits of punishment, such as ecosystem restoration and community welfare. Therefore, applying the trilogical goals of law in sentencing offenders for illegal deforestation can strike a balance between environmental protection, legal enforcement, and ecological recovery. Limitation: This research is limited to analyzing one court decision, so it is not yet able to provide a comprehensive picture of the implementation of the trilogy of legal objectives in similar cases in Indonesia. Contribution: This research contributes to understanding the implementation of the trilogy of legal objectives in the criminalization of environmental crime cases. The findings can serve as a reference for policy makers and legal practitioners to design a more balanced approach to punishment.
Perbandingan Pengaturan Tindak Pidana Korupsi dalam Pembaharuan KUHP Nasional Meidiantama, Refi; Charinda, Donna Exsanti
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 1 (2024): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i1.4573

Abstract

Purpose: This study analyzes updates and comparative changes in the regulation of corruption crimes, focusing on the transition from the Corruption Eradication Law to the New Criminal Code. Methodology: A normative juridical approach is employed, utilizing both primary and secondary sources. Primary data is obtained through interviews with key informants, while secondary data is drawn from literature, including books, academic studies, and journal publications. Results: The findings reveal significant changes in the regulation of criminal sanctions related to corruption, particularly in terms of imprisonment and financial penalties. These shifts are evident in the transition from the previous Corruption Law to the updated provisions under the New Criminal Code, specifically Articles 603 and 604. Notably, certain provisions show a reduction in the minimum terms of imprisonment and fine amounts. Conclusion: While some sanctions—such as maximum prison terms for bribery and fines for gratification—have increased, the overall trend in the New Criminal Code is toward more lenient penalties compared to the earlier legal framework. Limitations: This study is limited to a legal comparison between the Corruption Eradication Law and the provisions of the New Criminal Code. Contribution: The study contributes to legal scholarship by offering a comparative analysis of recent developments in corruption-related criminal law, supporting improved understanding and enforcement of anti-corruption regulations.
Penanganan Tindak Pidana Jaminan Fidusia oleh Penyidik Kepolisian Daerah Sumatera Selatan Ihsan, Muhammad; Burhayan, Burhayan
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 1 (2024): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i1.4578

Abstract

Purpose: This study aimed to analyze the investigation of criminal acts related to fiduciary guarantees based on Article 36 of Law No. 42 of 1999 by the Directorate of Special Criminal Investigation of the South Sumatra Regional Police. Additionally, it examines the criminal aspects involving both the fiduciary giver and recipient under fiduciary guarantee law. Methodology/approach: This research was a normative legal study supported by empirical data obtained through field research relevant to the study’s topic. Results/findings: Police investigators investigated fiduciary givers who pawned, transferred, or leased fiduciary guarantee objects without the consent of the fiduciary recipient (creditor). The investigation results in a case file submitted to the public prosecutor. Such actions violate Article 36 of Law No. 42 of 1999 and are subject to a maximum penalty of two years’ imprisonment or a fine of up to IDR 50,000,000. Fiduciary recipients may also be criminally liable if they seize fiduciary objects without court authorization or enforce debt collection by force, potentially violating Articles 365 and 368 of the Indonesian Criminal Code. Conclusions: The investigation of fiduciary crimes begins with a report by the creditor as the victim. Violations by either the fiduciary giver or recipient may result in criminal sanctions, as stipulated by applicable laws. Limitations: This study is limited to the criminal law aspects of fiduciary guarantees and does not address civil law issues. Contribution: This research is expected to serve as a reference for law enforcement, academics, and the public to understand the criminal aspects of fiduciary guarantees.
Implikasi Hukum Terhadap Artificial dalam Sistem Peradilan di Indonesia Karmila, Karmila; Setiawati, Setiawati
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 1 (2024): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i1.4683

Abstract

Purpose: This study aims to analyze the legal impact of Artificial Intelligence (AI) in the Indonesian justice system, focusing on regulations, legal responsibilities, and the ethical and justice-related aspects of its application. Methodology/approach: The research adopts a normative legal method through literature review, examining legislation, Supreme Court policies (such as Smart Assembly and e-Court), legal journals, and relevant news from 2023 to 2025. The focus is on how AI is implemented in the Indonesian judiciary, particularly concerning regulation, ethics, and accountability. Results/findings: The study finds that AI enhances the speed, efficiency, and transparency of judicial processes. Tools like Smart Assembly help objectively assign judges to cases. However, the absence of specific regulations creates ambiguity in assigning legal responsibility for AI-related errors. Additionally, without strict oversight, AI may cause bias, injustice, or human rights violations due to skewed or incomplete training data. Conclusions: AI contributes positively to efficiency and objectivity in Indonesia’s justice system but cannot replace human moral and ethical reasoning. It should be used as a support tool, with final decisions remaining in human hands. This requires adaptive legal frameworks, ongoing supervision, and the application of the human-in-the-loop principle. Limitations: The study is limited to normative analysis and literature review without empirical research or field interviews. It does not assess AI implementation comprehensively across Indonesia. Contribution: This study offers input for regulators in drafting AI-related legal policies and supports the Supreme Court in developing fair AI systems. It also contributes to academic discourse in law, ethics, information technology, and public policy.
Marga Saibatin Desa Sukamakha: Sejarah, Struktur, Tradisi, Kewajiban, Kekhasan dalam Hukum Adat Diani, Deva; Agustine, Yolanda Fatima; Nurholisah, Febri Hana; savana, Elsa Aura; Halim, Abdul; Manurung, Yosia Agustant Parulian
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 1 (2024): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i1.4699

Abstract

Purpose: This research describes the social organization, customary practices, and traditional values of the Marga Way Lima community in Pekon Sukamara, Bulok District. It also examines how the community preserves its cultural heritage and social order amid modern societal changes. Methodology/approach: Using an empirical approach, data were collected through field observations, in-depth interviews with traditional leaders such as Punyimbang, Batin, and Dalom, and documentation of ongoing traditions. Data were analyzed systematically to identify patterns and mechanisms sustaining social structures and cultural values despite modernization. Triangulation ensured data validity, reflecting real field conditions. Results/findings: The Marga Way Lima community maintains a complex social hierarchy led by Punyimbang, Batin, and Dalom. They actively preserve cultural ceremonies like Nayuh, Bujang Gadis, Rudat Dance, Kesegh Dance, Betabuh, and Sekuaghian. Core principles such as piil pesenggiri, nemui nyimah, and Sakai sambayan are central to rituals. Oral traditions and warahan practice remain vital to protecting their historical legacy and identity. Conclusions: The community has maintained its social structure and Sai Batin values despite modernization. Traditional leaders and cultural practices play key roles in sustaining identity and social solidarity, acting as adaptation and resistance to cultural homogenization. Limitations: The study is limited to Pekon Sukamara and relies on oral histories due to scarce written records, limiting broader applicability. Contribution: This research offers insights into customary law, anthropology, and cultural studies, aiding policymakers and stakeholders in cultural heritage conservation.

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