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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 40 Documents
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Analisis Hukum Hilangnya Hak Kepemilikan Tanah Masyarakat Pesisir Bintan Akibat Peraturan Agraria Nuriani, Lia; Suryadi, Suryadi; Sudiarni, Sudiarni
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2415

Abstract

Purpose: To explain the struggle in obtaining and utilizing natural resources, including land, the current legislation is unable to protect the rights of the community and tends to give more rights to the owners. Methods: This research is typical (normative). Primary legal materials, or primary legal materials that have authority, and secondary legal materials are two types of research sources Result: The government must also play a role in placing land along the coast because someone must regulate land to ensure the safety of people living along the coast. Agrarian regulations for coastal communities have legal certainty regarding the possibility of eliminating land rights if the land is given to the state and destroyed. The allocation, use, provision and maintenance of land are all regulated and managed by the state. Limitations: Law Number 27 of 2007 concerning Management of Coastal Areas and Small Islands, management of coastal areas and small islands must have HP-3 (Coastal Water Management Rights) (UU PWP-PPK). Contribution: Basic Agrarian Regulations, promulgated based on Law no. 5 of 1960, provides legal certainty regarding the elimination of ownership rights to land when it is handed over to the state and destroyed.
Tinjauan Hukum Perjanjian Penitipan Barang yang Dilakukan melalui Anak Buah Kapal: Studi Kasus di Pelabuhan Punggur Kota Batam Nuriani, Lia; Suryadi, Suryadi; Budiyanti, Eka Rus
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2416

Abstract

Purpose: This research was conducted to find out about the phenomenon of safekeeping of goods with Ship's Crew (ABK) in Punggur Harbor, Batam City. Methodology : This study uses a type or method of normative legal research, in which the research is carried out by examining legal materials related to cases of safekeeping of goods against Ship's Crews (ABK). Then after that it was continued by examining additional data in the form of interviews conducted with Ship's Crew (ABK) at Punggur Port, Batam City, which later became Normative-Empirical legal research. Result: The result is reveals that agrarian policies in Bintan have led to the loss of land ownership rights for many coastal communities due to lack of consultation, inadequate compensation, and insufficient protection of traditional land tenure systems. Limitation: The ship's crew is the other crew than the captain. The phenomenon of entrusting goods to ship crew is very common for people who are used to life in the port. So it is not uncommon for many Ship's Crew to be reluctant to reject things that are considered normal by the people around them. Contribution: The analysis aims to contribute to the ongoing debate on land rights and coastal development in Indonesia by providing a legal perspective on the issue. It also highlights the need for greater recognition of the rights of coastal communities in agrarian policies and regulatory frameworks.
Pengaruh disiplin, mutasi dan penempatan terhadap kinerja Pegawai Negeri Sipil di Sekretariat Daerah Kabupaten Badung Agus Glanar Cahyana; Nyoman Diah Utari Dewi; Anak Agung Gede Raka; Luh Rahayu Rinitu
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 1 (2023): Juni
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i1.2429

Abstract

Purpose: The aim of this study is to analyze the influence of discipline, transfer, and placement on employee performance at the Badung Regency Regional Secretariat.   Method: This research methodology was quantitative. A total of 78 samples were analyzed. Sampling was performed using a random method. Data collection uses questionnaires. Result: The results of the research show there is a positive influence between discipline (X1) on employee performance (Y),  a positive influence of mutation (X2) on employee performance (Y), a positive influence between placement (X3) on employee performance (Y). This means that discipline (X1), transfer (X2), and placement (X3) simultaneously had a significant (real) influence on employee performance (Y). The results show that if employee discipline is simultaneously improved, specifically transfers, and the suitability of employees placed with their jobs, the performance of Badung Regency Regional Secretariat employees will be higher. Leaders should conduct periodic performance evaluations, develop clear transfer policies, and assign employees according to their needs. Limitations: The sample used in this research was a saturated sample of 78 ASN employees at the Badung Regency Regional Secretariat, so the possibility of obtaining different results cannot be ruled out if a research model and a larger number of samples were used. Contribution: This research is expected to provide additional information or input to improve the performance of ASN employees at the Badung Regency Regional Secretariat.
Tinjauan Yuridis Penetapan Nilai Jual Objek Pajak (NJOP) Sebagai Dasar Pengenaan Pajak Properti di Kota Pangkalpinang Putri, Amelia Arianti; Hariansah, Syafri; Marhayani, Cik
Kajian Ilmiah Hukum dan Kenegaraan Vol. 2 No. 2 (2023): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v2i2.2697

Abstract

Purpose: The aim of this research is to analyze the juridical aspects related to the determination of NJOP and its impact on property tax imposition in the region. Metohodology: The method used is Empirical juridical research was conducted through a series of field interviews with respondents and informants. It also uses normative research, namely research through literature studies. Results: The results of this study will provide a deeper understanding of the legal framework governing the determination of NJOP and how it plays a role in determining the amount of property tax to be paid by taxpayers. It is expected that the results of this study can provide constructive input for the local government and related stakeholders to optimize the NJOP determination system and property tax imposition in order to achieve a balance between fair tax revenue and incentives for property development. Limitations: The analysis may be constrained by the existing legal framework and government policies at the time of the review. Changes in regulations or policies after the research is conducted can affect the validity of the findings. Contribution: Identifying and evaluating the appropriateness of the legal framework within the context of determining the Tax Object Sales Value (NJOP) in Pangkalpinang City, assists the government and stakeholders in rectifying or enhancing regulations that may impact properties
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.
Komitmen dan Realitas: Menjawab Defisit Perlindungan terhadap Anak Pengungsi Tanpa Pendamping di Indonesia Nono, Johanes De Brito Siga; Dollu, Daud Yaferson
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 2 (2024): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.5020

Abstract

Purpose: To examine the protection challenges faced by unaccompanied refugee children in Indonesia and evaluate the gaps in the country’s legal and policy framework, particularly in light of its obligations under the Convention on the Rights of the Child (CRC). Methodology: This study uses a normative and prescriptive legal analysis to assess Indonesia’s national laws and policies, including Presidential Regulation No. 125 of 2016, against international human rights standards. Result: The analysis reveals significant gaps in policy implementation, particularly regarding early identification, risk assessment, and access to basic services such as education, healthcare, and legal aid for unaccompanied refugee children. Conclusions: Substantive legal reform, institutional capacity building, and stronger collaboration with international organizations and civil society are essential to ensure effective and humane protection based on the best interests of the child. Limitations: The study is limited to a normative legal analysis and does not include empirical fieldwork or direct perspectives from refugee children or service providers. Contribution: This article contributes to the discourse on child protection in refugee contexts by offering concrete policy recommendations aligned with international legal standards and rooted in the principles of the CRC, filling a critical gap in the Indonesian legal framework.

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