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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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Urgensi Mediasi dalam Penyelesaian Sengketa Perceraian Perspektif Hukum Keluarga Islam dan Praktik Tarmizi Nur
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 2 (2024): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.4868

Abstract

Purpose: This study aims to assess the effectiveness of mediation in resolving divorce disputes at the Religious Court, emphasizing its importance to ensure a faster, fairer process aligned with Islamic family law. Research Methodology: The research methodology employed is library research, utilizing scientific journal articles and research reports related to the legal aspects and practices of mediation in divorce. Results: The analysis reveals that: 1) Islamic family law advocates mediation as a suitable mechanism for divorce resolution, promoting family preservation through consultation and consensus based on Sharia law; 2) Mediation practices in Religious Courts face several challenges, including misunderstandings among mediators, resistance from parties, and psychological and social barriers; 3) Mediation is a vital, cost-effective solution that maintains family harmony, reduces the burden on courts, and mitigates social impacts of divorce, necessitating enhanced quality and awareness. Conclusion: Mediation aligns with Sharia principles and is advisable for divorce cases, as it preserves familial ties and facilitates peaceful, expedient resolutions. Limitations: The study is limited to secondary data sources and may not fully represent the current practical challenges faced by mediators in the field. Contribution: This research underscores the need for improved mediation practices within the Religious Court system, advocating for increased awareness and training to optimize its role in family dispute resolution in line with Islamic legal principles.
Relevansi Hukum Keluarga Islam dalam Tantangan Perkawinan Beda Agama di Era Modern Adznan Wijaya Zulfikar
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 2 (2024): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.4869

Abstract

Purpose: This study investigates the suitability and effectiveness of Islamic family law in addressing interfaith marriages amid modern societal challenges and evolving cultural dynamics. Research Methodology: The study employs a qualitative library research approach by analyzing scientific journal articles and research reports related to Islamic family law and the complexities of interfaith marriage in the modern era. Results: The research reveals that scholarly perspectives on interfaith marriage under Islamic family law are diverse. While some scholars maintain an absolute prohibition based on traditional religious texts, others advocate for more inclusive and contextual interpretations that consider evolving social realities. The implementation of interfaith marriages encounters significant legal and societal challenges, including formal restrictions, community resistance, and social stigma. These findings suggest the need for legal reforms and reinterpretations that align with contemporary values and promote religious tolerance, individual rights, and social harmony. Conclusion: Islamic family law must evolve through legal reinterpretation and inclusive regulatory frameworks to remain relevant and equitable in responding to interfaith marriage in modern contexts. Limitations: This research is based solely on secondary data and lacks insights from empirical fieldwork, limiting its ability to represent the lived experiences of interfaith couples and diverse Muslim communities. Contribution: The study contributes to ongoing discourse on reforming Islamic family law, emphasizing the importance of balancing religious principles with human rights, legal inclusivity, and social harmony in pluralistic societies.
Criminal Law Analysis of the Modus Operandi of Illegal Cigarette Smuggling: a Case Study in Batam City Khairul Riza; Irpan Husein Lubis
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4996

Abstract

Purpose: This study aims to analyze the criminal law aspects and modus operandi of illegal cigarette smuggling in Batam City, as well as to assess the effectiveness of law enforcement based on the applicable legal regulations in Indonesia. Methodology/approach: The research uses a normative juridical method with a statutory and case approach, supported by primary data collected through interviews with law enforcement officials and secondary data from relevant legal documents and literature. Results/findings: The findings reveal that illegal cigarette smuggling in Batam is carried out through non-official sea routes using high-speed boats, falsification of customs documents, and well-organized distribution networks. Despite existing laws such as Law No. 39 of 2007 on Excise and Law No. 17 of 2006 on Customs, enforcement remains weak due to limited surveillance and involvement of corrupt individuals. Limitations: This study is limited to the case of Batam City and does not cover other regions facing similar smuggling issues. Contribution: The research provides a legal analysis and practical recommendations for strengthening enforcement mechanisms and regulatory reforms in combating smuggling crimes. The novelty of this research lies in the systematic mapping of the patterns of illegal cigarette smuggling networks in Batam, which is examined integrally through the perspective of criminal law and a law enforcement approach based on national regulations.
Legal Implications of Evidence Removal by Police: the Barelang Case Study Khairul Riza; Irpan Husein Lubis
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.4997

Abstract

Purpose: This study aims to analyze the legal implications of evidence tampering or disappearance by law enforcement officers in the criminal justice process, with a specific focus on the Polresta Barelang case in Batam, Indonesia. It finds that evidence tampering undermines institutional accountability and erodes public trust in law enforcement and the judiciary. The study emphasizes the need for stronger oversight mechanisms and transparent evidence management policies to restore integrity in the criminal justice system. Methodology/approach: The research employs a socio-legal approach (normative-empirical method), combining statute and case approaches. Primary data were collected through interviews with law enforcement officers, representatives from the Financial Transaction Reports and Analysis Center (PPATK), and civil society actors. Secondary data were obtained from books, journal articles, laws, court decisions, and official documents from the Batam Free Trade Zone Authority. The data were analyzed using a qualitative-descriptive method with a regulatory and field-practice analysis. Results/findings: The study reveals that the removal of evidence by police officers severely undermines due process and violates criminal procedure law and professional ethics. The case at Polresta Barelang highlights systemic weaknesses in internal accountability mechanisms, low transparency, and a lack of external oversight. Conclusions: The findings confirm the urgent need for regulatory reform, institutional accountability, and the implementation of digital-based evidence tracking systems. Addressing these issues is essential to safeguard the fairness of judicial proceedings and rebuild public confidence. Limitations: This study is limited to one regional police institution and does not encompass nationwide patterns of evidence management across law enforcement bodies. Contribution: The study provides critical insight into criminal justice reform, particularly in strengthening evidence management systems. It is relevant for policymakers, legal academics, anti-corruption bodies, and institutions responsible for law enforcement accountability.
Komitmen dan Realitas: Menjawab Defisit Perlindungan terhadap Anak Pengungsi Tanpa Pendamping di Indonesia Johanes De Brito Siga Nono; Daud Yaferson Dollu
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 2 (2024): December
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.
Tujuan Pemidanaan dalam Penjatuhan Pidana Tambahan Pembayaran Uang Pengganti Tindak Pidana Korupsi Moch Rizky Rachmadi; Daud Yaferson Dollu
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 2 (2024): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.5021

Abstract

Purpose: This study examines the rationale behind judges’ decisions to impose additional criminal penalties in the form of restitution payments in corruption cases, focusing on the extent to which such penalties align with the objectives of sentencing and restorative justice. Research methodology: This study employs a normative juridical approach supported by case, statute, and conceptual analyses. Data were collected from relevant court rulings and analyzed descriptively and qualitatively using legal interpretations. Results: The findings show that while judges tend to apply retributive justice by imposing prison sentences, the enforcement of restitution payments remains inconsistent. Some defendants return all or part of the state losses, while others do not comply. Conclusions: The imposition of restitution penalties formally supports the objective of recovering state loss. However, the actual implementation reveals gaps that hinder the full realization of restorative justice. Limitations: The study is limited by incomplete data accessibility and the geographical scope of the case studies, which may not comprehensively represent national practice. Contribution: This study highlights the need to reformulate corruption sentencing laws to prioritize restitution and offers a restorative justice model to balance punishment with asset recovery.
Pertimbangan Hakim dalam Memberikan Putusan pada Kasus Pembunuhan Begal untuk Melindungi Diri Sawia Hasan
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 2 (2024): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.5026

Abstract

Purpose: This research aims to analyze the judge's legal reasoning in a murder case involving self-defense by a minor, specifically evaluating the application of Article 49 of the Indonesian Criminal Code (KUHP) on necessary defense (noodweer), and assessing whether the verdict adhered to the principles of justice, benefit, and legal certainty. Research methodology: The study employs normative legal research with conceptual and case approaches. Legal materials include primary sources (statutory provisions and court rulings), secondary sources (books and journal articles), and tertiary sources (legal encyclopedias and dictionaries). Data collection was conducted through literature and document analysis, and the data were examined using statutory interpretation, legal theory, and jurisprudential review. Results: The findings indicate that the judge's decision to convict the minor under Article 351(3) KUHP for causing death through violence did not adequately consider the relevance of Article 49 KUHP regarding self-defense. The court focused on the delay between the threat and the act of defense, neglecting the child's psychological condition and the urgency of the situation. Although based on prosecutorial evidence, the verdict failed to incorporate contextual factors such as fear, coercion, and instinctive reaction, which were critical in triggering the defendant’s response. Conclusions: The judicial reasoning lacked depth in examining the mental and emotional state of the minor, reflecting a rigid interpretation of the law that may compromise restorative justice and child-sensitive adjudication. Limitations: The study is limited to a single judicial decision and does not incorporate empirical data or psychological expert assessments, limiting the analysis of mental condition and its legal implications. Contribution: This research highlights the importance of contextual and psychological analysis in judicial discretion for cases involving minors and contributes to the discourse on fair application of self-defense provisions in Indonesian criminal law.
Penerapan Hukum Responsif terhadap Tindak Pidana Korupsi Studi Kasus Putusan Nomor: 56/PID.SUS-TPK/2017/PN.KPG Valentri Marlita Radja
Kajian Ilmiah Hukum dan Kenegaraan Vol 3 No 2 (2024): December
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.5027

Abstract

Purpose: This study aims to examine law enforcement against corruption in Indonesia from a responsive legal perspective, in response to the ongoing concern over corruption’s widespread impact on national integrity.  Thus, this study seeks to evaluate whether existing judicial practices reflect the participatory and contextual principles inherent in responsive law, using a specific case decision as a focal point. Research Methodology: This study employs a normative juridical approach, focusing on legal norms and principles. This is supported by a document study that specifically analyzes Decision Number: 56/Pid. Sus-TPK/2017/PN.Kpg, to assess how judicial reasoning aligns with the responsive legal framework. Results: The analysis reveals that the court’s decision in this case does not fully embody the core values of the responsive law. In particular, it lacks sufficient public participation and does not address the restoration of social justice for communities affected by corruption. Judgments tend to focus on procedural legality rather than the broader societal impact and justice. Conclusion: The study concludes that current corruption law enforcement in Indonesia, as exemplified by the case analyzed, remains largely formalistic. To improve outcomes and public trust, a shift toward a responsive legal approach is necessary, one that emphasizes substantive justice, societal values, and community involvement. Limitations: This study is limited to the analysis of one court decision and does not encompass empirical field data or a broader range of judicial cases. Contribution: This study contributes to the discourse on judicial reform by highlighting the gap between legal decisions and responsive law principles.
Meninjau Komitmen Indonesia Melarang Senjata Tertentu dalam Konflik menurut Hukum Humaniter Internasional Maria Wilhelsya Inviolata Watu Raka
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.v4i1.5031

Abstract

Purpose: The use of prohibited means in armed conflict aims to respect and uphold the principles of humanity and proportionality in International Humanitarian Law (IHL) and prevent unnecessary injuries. This study aims to determine Indonesia's international commitment to respecting the principles of IHL through Indonesia's participation in international agreements on the prohibition of the use of certain weapons. Methodology/approach: This study implements a normative method by analyzing Indonesia's participation in international agreements related to the use of prohibited weapons during times of conflict. Results/findings: This study found that Indonesia's participation in these agreements is low, which has an impact on the few national regulations governing the prohibition of the use of prohibited means during times of conflict. Conclusion: Indonesia needs to strengthen its commitment to the principles of humanity and proportionality under international humanitarian law by ratifying legal instruments prohibiting certain weapons. This step should be accompanied by internal military policies and official political statements demonstrating respect for humanitarian law, both in written and customary international law. Limitations: This research is limited to inventorying Indonesia's participation in international agreements related to the prohibition of the use of certain means in armed conflict. Contribution: This research is expected to be a reference for investigating national laws or actions of the Indonesian Government regarding the prohibition of the use of certain weapons in armed conflict.
Hambatan Pelaksanaan Putusan Pengadilan oleh Pemerintah Vergilius Septyanto Lamabelawa
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.v4i1.5064

Abstract

Purpose: To explain the obstacles in the implementation of court decisions, as well as to describe the government's non-compliance in executing court rulings from the perspective of the principles of the rule of law and the principles of a democratic state. Methodology/approach: This research uses a normative approach to analyze legal issues related to the implementation of court decisions by the government, utilizing legislative and bibliographic approaches. Results/findings: The implementation of court decisions is based on the good faith of the government. This government action is justified by the principle that the government cannot be declared bankrupt and the principle of contrarius actus. It is also reinforced by regulations in the legislation. Conclutions: The government's liability is a form of repressive legal action to protect society from unlawful acts by the authorities (onrechtmatig overheidsdaad). However, the implementation of court decisions relies on the good faith of the government. The government's disobedience in executing decisions based on its good faith reflects a violation of the principles of the rule of law and democracy, and the government's actions contradict the principles of good governance. Limitations: This research is limited to normative research and is only of a recommendation nature. The implementation is up to the government to carry out. Contribution: Providing understanding in the development of legal science, and hopefully offering benefits for legal practitioners.

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