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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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Perlindungan Hukum Pasca Perceraian: Analisis Strategi dan Implementasi di Indonesia Tajuddin Noor
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.v4i1.5149

Abstract

Purpose: This research aims to analyze post-divorce legal protection in Indonesia, focusing on its strategy and implementation, as well as to explore the challenges faced by divorced individuals in accessing their rights. Methodology/approach: The research uses the normative juridical method to analyze relevant legal norms. The researcher also examines dispute resolution mechanisms both in litigation and non-litigation. Results/findings: The results show that despite a clear legal framework, many individuals do not receive adequate legal protection. This is due to social stigma, lack of understanding of rights, and weak execution mechanisms. Conclusion: Legal protection for individuals after divorce in Indonesia still faces various challenges. It is necessary to increase the capacity of judicial institutions and public understanding to guarantee the rights of individuals after divorce. Limitations: The limitations of this research include limitations in the scope of the study which may not cover all social and cultural aspects that affect the implementation of legal protection and there may also be bias in the data used. Contribution: The contribution of this research lies in a deeper understanding of the challenges faced after divorce and provides recommendations for improvements in the legal system and protection for individuals, especially children and ex-spouses.  
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): December
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): December
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): December
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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.
Juridical Normative Implications of Constitutional Court Decision 135/PUU XXII 2024 on Elections Samuel Walangitan; Ilhamsyah Lubis; Yogi Oktama
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.v4i2.6232

Abstract

Purpose: This study aims to analyze the normative legal implications of Constitutional Court Decision Number 135/PUU-XXII/2024 on the legal framework governing general elections and regional head elections in Indonesia, particularly in relation to the regulation of simultaneous elections and broader electoral reform. Research Methodology: This research employs a normative legal research method with a qualitative approach. The analysis is conducted through an examination of statutory regulations, Constitutional Court decisions, and relevant legal doctrines and scholarly literature in the fields of constitutional and election law. Results: The findings indicate that Constitutional Court Decision Number 135/PUU-XXII/2024 has significant implications for the structure of electoral regulation in Indonesia. The decision redefines the legal relationship between general elections and regional head elections by emphasizing their institutional separation to ensure constitutional consistency and strengthen legal certainty within the electoral system. Conclusions: The study concludes that the Constitutional Court reaffirmed its constitutional role as the guardian of the Constitution by providing clear normative direction regarding the design and implementation of elections within the framework of constitutional democracy. Limitations: This study is limited to normative legal analysis and does not incorporate empirical or socio-political data concerning the practical implementation of the decision. Contributions: This research contributes to the development of constitutional and election law scholarship by clarifying the normative legal implications of a recent Constitutional Court decision and offering a conceptual foundation for future electoral reform and electoral law policy formulation in Indonesia.
Transformation of Indonesia’s Licensing System: A Juridical Analysis of Risk-Based Approach Implementation in Practice Donny Irawan; Francis Maryanne Pattynama; Fajar Pradita; Muhammad Idhom; Yanas Putra Prasadja; Narumi Hayakawa; Gyska Indah Harya
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.v4i2.6352

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 Donny Irawan1; Rahayu Sri Utami; Idhom Idhom; Moch Oka Syah Darmanto Darmanto
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.v4i2.6353

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 Rahayu Sri Utami; Moch. Gufron Fajar Rezki
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.v4i2.6354

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.
Reconceptualizing Theft Crimes in Indonesia's 2023 Criminal Code: Living Law and Restorative Justice Critique Andry Pratama; Sugiyanto Sugiyanto; Wahyu Putra Dwi Pamungkas; Totok Aprianto; Syukron Abdul Kadir
Kajian Ilmiah Hukum dan Kenegaraan Vol 4 No 2 (2025): December
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v4i2.6469

Abstract

Purpose: This study aims to examine the reconceptualization of theft crimes under Indonesia's Law Number 1 of 2023 (KUHP 2023) through a legal sociology perspective, analyzing the normative transformation of theft provisions and evaluating their congruence with Indonesian social realities and living law traditions. Research Methodology: This study employs normative legal research (penelitian hukum normatif) integrating statute, conceptual, comparative, and historical approaches. Primary legal materials include KUHP 2023 Articles 362–367, the colonial Wetboek van Strafrecht, and relevant Supreme Court regulations. Theoretical frameworks applied are Eugen Ehrlich's living law theory, Lawrence Friedman's tripartite legal system model, and Roscoe Pound's social engineering theory. Legal materials were systematically collected through Scopus, HeinOnline, Google Scholar, and Indonesia's national legal database (JDIH). Results: KUHP 2023 demonstrates significant normative reconceptualization of theft crimes by integrating retributive, rehabilitative, and restorative justice orientations, formally recognizing living law under Article 2, and incorporating restorative justice mechanisms aligned with Indonesian adat traditions. Conclusions: KUHP 2023 advances post-colonial criminal law reform meaningfully yet incompletely, requiring complementary institutional capacity building and legal culture transformation for full realization. Limitations: This study relies exclusively on normative legal research, excluding direct empirical field investigation of KUHP 2023's implementation realities. Contributions: This study contributes to Indonesian legal sociology scholarship, criminal law reform policy, and judicial practice, providing theoretical and practical insights for legislators, law enforcement authorities, and academics in developing societies navigating post-colonial criminal justice transformation.
Criminal Liability of Children Involved in Narcotics Offenses: A Juridical Analysis of Decision Number 21/Pid.Sus-Anak/2025/PN.Mgl I Ketut Seregig; Melani Putri Adelia
Kajian Ilmiah Hukum dan Kenegaraan Vol 5 No 1 (2026): June
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v5i1.6995

Abstract

Purpose: This study aims to analyze the criminal liability of children involved in narcotics offenses based on Decision Number 21/Pid. Sus-Anak/2025/PN.Mgl, focusing on the application of juvenile criminal law, judicial considerations, and sanctions imposed.Research Methodology: This study uses a normative juridical method with a case study approach and a qualitative approach. Data were collected through an analysis of court decisions, legal regulations, and the relevant literature on juvenile justice and narcotics offenses. The data were analyzed qualitatively to examine the legal reasoning and application of criminal provisions.Results: The findings show that a child involved in a narcotics offense is subject to criminal liability based on the fulfillment of criminal elements and applicable juvenile justice provisions. The judge considered the child’s legal status, nature of the offense, and child protection principles in determining sanctions. This decision reflects an effort to balance law enforcement with restorative justice and rehabilitation approaches.Conclusions: Criminal liability for children involved in narcotics offenses necessitates the integration of legal certainty, child protection, and rehabilitation principles to ensure proportionate sanctions and the best interests of the child.Limitations: This study analyzed only one court decision, limiting the generalization of the findings to other narcotics cases involving children.Contributions: This study contributes to the juvenile criminal law literature by demonstrating how judicial reasoning in narcotics cases involving children integrates criminal liability, evidentiary assessment, and restorative justice principles within the framework of child protection.

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