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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 80 Documents
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The Limits of Authority of Regional Heads as Protectors of the Indonesian Red Cross (PMI) under the Red Cross Law Stefanus Kurniadi Janggur
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.v4i2.5154

Abstract

Purpose: This study aims to analyze the limits of regional head authority in the PMI management election process so as not to cause conflict or chaos in the region. Methodology/approach: The research method used is a normative approach with a juridical-qualitative method, based on a literature study of laws and regulations, especially Law Number 1 of 2018 concerning the Red Cross and the PMI Statutes/Bylaws. Results/findings: The results of the study indicate that although PMI has a close relationship with the regional government, in the process of appointing and dismissing PMI administrators, regional heads do not have the authority to intervene outside the provisions of PMI's Articles of Association/Bylaws. Article 28 of Law Number 1 of 2018 concerning the Red Cross emphasizes that the organizational structure, management, technical implementing units, authorities, and responsibilities of PMI, as well as procedures for the use of PMI symbols are stipulated in the PMI's articles of association and bylaws in accordance with statutory regulations. Conclusions: Regional heads need to understand that their role is to support, facilitate, and protect the PMI as a humanitarian organization, not to regulate its internal affairs. Regional heads' efforts to maintain synergy with the PMI must be carried out without violating the PMI's independence as part of the International Red Cross and Red Crescent Movement. Limitations: Research on the legal status of the Indonesian Red Cross is still very limited, so journals that can be used as references are very difficult to find. Contribution: As a reference in the PMI management election process so as not to cause conflict or chaos in the region.
vonis pidana mati terhadap pelaku penembakan anggota polri oleh TNI Ayu Winda Amelia Des Tifa Mahesa Ayu; I Ketut Seregig; Zainab Ompu Jainah
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.v4i2.6205

Abstract

Purpose: This study aims to analyze the application of military criminal law and judges’ legal considerations in imposing the death penalty on a member of the Tentara Nasional Indonesia (TNI) who shot and killed members of the Kepolisian Negara Republik Indonesia (POLRI) based on the Decision of Pengadilan Militer I-04 Palembang Number 50-K/PM.I-04/AD/V/2025.Research Methodology: This study applies a normative and empirical juridical approach using a case approach. The research examines relevant regulations, including the Kitab Undang-Undang Hukum Pidana, Kitab Undang-Undang Hukum Pidana Militer, Undang-Undang Nomor 31 Tahun 1997 tentang Peradilan Militer, and Undang-Undang Darurat Nomor 12 Tahun 1951, supported by interviews with a Polisi Militer investigator and a military court judge. Data were analyzed qualitatively.Results: The findings show that premeditated murder was not proven because the act occurred due to panic and anger. However, the intentional shooting using an illegal firearm that caused three deaths fulfilled the elements of intentional killing under Article 338 of the Kitab Undang-Undang Hukum Pidana.Conclusions: The military justice system effectively enforced criminal accountability, demonstrating that TNI status does not eliminate legal responsibility.Limitations: This study is limited to one military court decision and a specific criminal case context.Contributions: This research contributes to military criminal law studies by providing insights into sentencing policies for serious crimes committed by TNI members.
Kewenangan Jaksa Dalam Melakukan Penyadaoan Terhadap Setiap Orang Yang Berpotensi Melakukan Tindak Pidana Korupsi Di Bandar Lampung I Ketut Seregig; Nur Amalia Zahra; Zainab Ompu Jainah
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.v4i2.6209

Abstract

Purpose: This study aims to analyze the legal basis and limitations of the prosecutor’s authority to conduct wiretapping against parties potentially involved in corruption offenses, and to examine its implementation in the practice of corruption law enforcement.Research Methodology: This study employs a juridical-empirical approach. The research was conducted at the Bandar Lampung District Prosecutor’s Office. Data were collected through in-depth interviews with prosecutors and related law enforcement officers, supported by a review of laws and regulations, legal documents, and scholarly literature on prosecutorial authority, wiretapping, and corruption offenses.Results: The findings indicate that prosecutors in Indonesia do not have general or independent authority to conduct wiretapping. The Prosecutor’s Law does not explicitly regulate wiretapping authority for prosecutors. In practice, prosecutors do not carry out wiretapping directly, but only make use of wiretapping results lawfully obtained by authorized institutions, such as the Corruption Eradication Commission, in accordance with applicable legal procedures.Conclusions: This study is limited to law enforcement practice at the Bandar Lampung District Prosecutor’s Office and relies on interview data from a limited number of informants, so its findings do not fully represent the practice of wiretapping by prosecutors in other regions of Indonesia.Contribution: This study contributes to the development of criminal law and criminal procedure law by clarifying the limits of prosecutorial authority in wiretapping practices, and provides insights for policymakers and law enforcement agencies to strengthen legal certainty and human rights protection in corruption law enforcement.
Pemidanaan terhadap Pelaku Tindak Pidana Penebangan Hutan Tanpa Izin Berdasarkan Trilogi Tujuan Hukum Annisa Eka Septiani; Maya Shafira; Fristia Berdian Tamza; Firganefi Firganefi
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 1 (2024): June
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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 Refi Meidiantama; Donna Exsanti Charinda
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 1 (2024): June
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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.
Peran Negara dalam Menjamin Kebebasan Berekspresi Menurut Konstitusi dan Hukum HAM Rudi Natamiharja
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 1 (2025): June
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i1.4574

Abstract

Purpose: This study aims to critically analyze the role of the Indonesian state in guaranteeing freedom of expression as a constitutional and human right while examining the legal challenges and restrictions that hinder its implementation. Methodology/approach: This research applies a normative legal method using a conceptual and statutory approach. This study is based on legal instruments such as the 1945 Constitution of the Republic of Indonesia, the Electronic Information and Transactions Law (ITE Law), the revised Criminal Code (KUHP), and international human rights standards, particularly the ICCPR. Relevant judicial decisions and academic legal doctrines were reviewed. Results/findings: The findings indicate a normative gap between the constitutional guarantee of freedom of expression and the repressive implementation of sectoral regulations. Laws such as the ITE Law and the Criminal Code are frequently misused to criminalize criticism, especially on digital platforms, thus undermining democratic principles. Conclutions: The state plays a dual roleas both protector and limiter of freedom of expression. However, an imbalance in the exercise of these roles has led to systematic human rights violations. Legal harmonization and stricter adherence to international standards are urgently required. Limitations: This study is limited to normative analysis and does not include empirical data or case studies involving victims of expression-related repression. Contribution: This study contributes to the legal scholarship on constitutional rights, particularly in the field of freedom of expression and democratic governance. It may benefit researchers, legal reform advocates, policymakers, and human rights institutions concerned with freedom of speech in Indonesia and other democratic legal systems.
Penanganan Tindak Pidana Jaminan Fidusia oleh Penyidik Kepolisian Daerah Sumatera Selatan Muhammad Ihsan; Burhayan Burhayan
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 1 (2024): June
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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): June
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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 Deva Diani; Yolanda Fatima Agustine; Febri Hana Nurholisah; Elsa Aura savana; Abdul Halim; Yosia Agustant Parulian Manurung
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 1 (2024): June
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.
Eksistensi Kotak Kosong dalam Pemilihan Kepala Daerah terhadap Sistem Demokrasi Lokal Alvin Alyonni; Hieronymus Soerjatisnanta; Yusdiyanto Yusdiyanto; Muhtadi Muhtadi
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 1 (2025): June
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i1.4730

Abstract

Purpose: This study investigates the legal legitimacy and democratic consequences of the “empty box” (kotak kosong) mechanism in Indonesia’s local elections, particularly in uncontested single-candidate regional head races. The increasing frequency of such elections raises concerns regarding diminished political competition, legitimacy, and voter choice within Indonesia’s democratic processes. Methodology/approach: This study adopts a normative juridical approach by analyzing statutory laws, especially Law No. 10 of 2016, and key Constitutional Court rulings, such as Decision No. 100/PUU-XIII/2015. Additionally, this study incorporates secondary data from relevant local election cases and academic literature published between 2016 and 2024. Results/findings: The findings reveal that the empty box mechanism is legally acknowledged and constitutionally permitted as a tool for democratic resistance. However, its increasing usage reflects systemic problems: weak internal democracy among political parties, the dominance of political elites, and the absence of viable alternatives. These factors contribute to declining electoral competitiveness and limit the meaningful participation of voters. Conclusions: While the empty box offers a symbolic form of dissent, it does not resolve deeper structural constraints undermining local democratic processes. This mechanism highlights dissatisfaction but fails to generate substantive democratic alternatives. Limitations: This study is limited to doctrinal legal analysis and case study reviews without empirical field research, which may restrict the generalizability of its findings to other countries. Contribution: This study contributes to the ongoing discourse on electoral reform in transitional democracies by assessing the empty box as an instrument of political expression and identifying the need for structural democratic improvements.

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