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Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 2 No. 5 (2025): JHK-August" : 8 Documents clear
Synergy of Trademark Protection and Consumer Rights: A Legal Analysis on the Prevention of Product Counterfeiting Hulman Panjaitan; Andrew Bethlen; Paltiada Saragi; Tomson Situmeang
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.420

Abstract

:  This study examines legal protection for consumers in cases of product counterfeiting through the perspectives of consumer protection law and trademark law. The phenomenon of product counterfeiting is increasingly prevalent in Indonesia, causing harm not only to original producers but also endangering consumers as the most vulnerable party. This research employs a normative juridical method with a statute approach and a conceptual approach. Data sources consist of primary legal materials in the form of relevant laws and regulations, as well as secondary legal materials such as literature, journals, and expert opinions. The analysis is conducted qualitatively, emphasizing legal interpretation of applicable norms. The findings indicate that consumers are highly vulnerable in cases of product counterfeiting due to limited access to information, knowledge asymmetry, and the difficulty of distinguishing between genuine and counterfeit products. Legal protection can be pursued through two pathways: prevention and enforcement. Preventive legal strategies include strengthening regulations, integrated supervision, and consumer education. Meanwhile, enforcement is carried out through both criminal and civil legal actions against counterfeiters. Furthermore, the synergy between trademark protection and consumer protection serves as a crucial pillar in preventing counterfeiting practices, as both complement each other in ensuring justice, legal certainty, and utility. This study underscores the importance of the involvement of all stakeholders government, producers, consumers, and law enforcement authorities in establishing a layered protection system. Thus, the ultimate goal of consumer protection is not only to provide legal certainty but also to foster a fair and healthy trading environment.
The Constitutional Court's Position as the Guardian of the Constitution: Between Independence and Political Intervention Narwadan, Theresia Nolda Agnes; Mulyana, Yusep; Fauzan, Fauzan
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.427

Abstract

This study discusses the position of the Constitutional Court (MK) as the guardian of the constitution in facing the dilemma between independence and political intervention. Using the Systematic Literature Review (SLR) approach by searching 915 articles, this study succeeded in identifying 50 relevant articles which were then analyzed thematically. The results of the study show that the independence of the Constitutional Court is still vulnerable to political pressure, both through the mechanism of appointment of judges, revisions of the Constitutional Court Law, and the practice of non-procedural dismissal. This phenomenon is in line with the global pattern of democratic backsliding that has also occurred in other countries such as Hungary, Turkey, and Poland, where the constitutional judiciary is weakened through court-packing strategies and legislative control. The main findings of the study confirm that controversial decisions, such as Decision No. 90/PUU-XXI/2023, have a direct impact on the legitimacy of the Constitutional Court in the eyes of the public and cause debates regarding ethics and conflicts of interest. The recommendations offered include reforming the merit-based selection mechanism of judges, protecting the term of office from political interference, and strengthening external oversight based on public participation. Thus, this study emphasizes the importance of adaptive and transparent institutional design so that the Constitutional Court is able to carry out its optimal role as the guardian of the constitution in maintaining the rule of law and democratic integrity in Indonesia.
CRIMINAL LAW ENFORCEMENT AGAINST CYBERBULLYING CASES IN INDONESIA dewi, Sartika; Arafat , Zarisnov; Margayasa , Ketut
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.391

Abstract

The development of information technology has opened up new spaces for people to communicate and express themselves through digital media. However, this progress has also given rise to new forms of crime, one of which is cyberbullying, an act of bullying carried out through electronic devices and the internet. The purpose of this study is to determine how law enforcement and obstacles to law enforcement in cases of cyberbullying. The research method used is normative juridical research with data collection using literature studies, data analysis used in this study using legal reasoning methods. The results of the study Cyberbullying is a form of bullying in cyberspace using digital technology. Law enforcement against cyberbullying is also regulated in Law Number 19 of 2016 concerning Electronic Transaction Information, formerly known as Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). In cases of cyberbullying, the Criminal Code can be used as a basis for criminal acts, such as in Articles 310, 311, and 315 of the Criminal Code. However, currently the most referred to legal basis for cyberbullying is Article 315. Obstacles in enforcing the law in cyberbullying cases include legislative factors, law enforcement factors, factors of facilities or means that support law enforcement, community factors and cultural factors.
Criminal Responsibility in Cybercrime: An Analysis of Phishing Crimes in Indonesia Sari, Ratih Mega Puspa
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.418

Abstract

The development of digital technology has increased the complexity of cybercrimes, one of which is phishing, which is increasingly prevalent in Indonesia and causes significant losses to the community. This study aims to analyze the criminal liability of phishing perpetrators  from the perspective of Indonesian criminal law and identify obstacles in law enforcement. This study uses normative juridical methods with legislative, conceptual, and case approaches, with data sources in the form of laws and regulations, academic literature, and court decisions. The results of the study show that the available legal frameworks, namely the Criminal Code, the ITE Law, and the Personal Data Protection Law, have provided a normative basis, but have not specifically regulated phishing. Law enforcement officials tend to use fraud articles (Article 378 of the Criminal Code) or electronic manipulation articles (Article 32 of the ITE Law), which cause disparities in criminal qualifications and reduce legal certainty. Proving the perpetrator's element of error (mens rea) is also still constrained by the limitations of valid digital evidence in court. These findings raise the relevance of the application of the strict liability doctrine  in certain cases, as well as the importance of corporate criminal liability in situations where electronic system operators are negligent in maintaining the security of user data. In addition to normative constraints, practical obstacles are also found in the issue of cross-jurisdictional jurisdiction, given that many phishing  attacks are transnational. Indonesia, which has not ratified the Budapest Convention on Cybercrime, faces limitations in international cooperation related to the extradition of perpetrators and evidence collection. The conclusion of this study emphasizes that the effectiveness of law enforcement against phishing is still limited, so it is necessary to update regulations, increase the capacity of the apparatus, implement corporate criminal responsibility, and strengthen international cooperation.
Civil Law Aspects in the Case of Negligence of Tourism Service Providers That Result in Losses for Tourists Junaidi, Junaidi; Fransisco, Wawan; Suharto, Bambang
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.428

Abstract

The tourism industry in Indonesia has a vital role in the country's economy, but there are still significant problems related to the negligence of service providers that are detrimental to tourists. This study aims to analyze the application of civil law in dealing with the negligence of tourism service providers and evaluate the existing dispute resolution mechanisms. Using a normative-empirical approach, the study found that although consumer protection regulations are already in place, their implementation is still hampered by weak oversight and a lack of legal awareness among tourists. In addition, service providers often use exaggeration clauses that are detrimental to consumers. The study also identified that dispute resolution mechanisms, both litigation and non-litigation, still face various obstacles, such as lengthy procedures and high costs. Therefore, this study recommends strengthening supervision of tourism service providers, as well as reforms in the dispute resolution system by introducing mediation and arbitration as more efficient and cheaper alternatives. In addition, broader legal education to the public regarding their rights as tourism consumers is also considered important to improve legal protection for tourists in Indonesia.
Synchronization of the 2025 Criminal Prosedur Code Draft With the National Criminal Code: A Review of Obstacles, Gaps, and the Ultimum Remedium Principle Purba, Tumian Lian Daya; Palit , Silvester Magnus Loogman
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.433

Abstract

The enactment of the 2022 Criminal Code (KUHP) marks a milestone in reforming Indonesia’s national law, replacing the Dutch colonial legacy that has prevailed for over a century. Nevertheless, its effectiveness depends on the existence of procedural law as an implementing instrument, namely the 2025 Draft Criminal Procedure Code (RKUHAP), which is currently under discussion. Synchronization between the KUHP and the RKUHAP is essential since substantive and procedural law form a unified criminal law system. This study aims to analyze the synchronization of the 2025 RKUHAP with the KUHP, focusing on obstacles, normative inconsistencies, and the application of the principle of ultimum remedium. The method employed is normative juridical legal research with legislative, conceptual, and comparative approaches, complemented by case analysis. Research data consist of primary legal materials (KUHP, RKUHAP, and related regulations), secondary materials from academic literature, and tertiary supporting materials. The analysis is conducted qualitatively by identifying and interpreting norms, then testing them against doctrines and criminal law principles. Findings reveal three issues: obstacles from overlapping articles and different orientations, with RKUHAP remaining retributive while KUHP embraces restorative justice; normative inconsistencies in detention provisions that risk violating legality and fair trial principles; and inadequate reflection of ultimum remedium since minor and administrative offenses still tend toward criminalization. The study concludes that without proper synchronization, risks of legal disharmony and excessive criminalization may emerge, undermining human rights protection. Therefore, ultimum remedium must serve as the guiding principle in drafting the 2025 RKUHAP to ensure a fair, modern, and rights-oriented criminal law system in Indonesia.
Mining Business Licenses in the Perspective of Administrative Law Between State Authority and Community Rights Damanik, Herlina; Fransisco, Wawan; Wahyudi, Fajar Satriyawan
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.435

Abstract

The Mining Business License (IUP) is the main legal instrument in the management of mineral and coal resources in Indonesia. The revision of the Mineral and Mineral Law changes the authority to grant permits from the local government to the central government with the aim of reducing the practice of overlapping permits and corruption and strengthening the effectiveness of supervision. However, this centralization policy poses new challenges in the form of reduced role of local governments, limited community participation, and increased potential for social conflicts with indigenous peoples. This study used the Systematic Literature Review (SLR) method with the PRISMA procedure on 971 articles, until 50 relevant articles were selected for analysis. The results of the study show that the practice of protecting the rights of communities, especially indigenous peoples, is still weak due to the lack of application of the Free, Prior, and Informed Consent (FPIC) principle. In addition, maladministrative practices, weak law enforcement, and lack of transparency worsen the governance of the mining sector and ignore the principle of intergenerational justice. This study confirms the existence of research gaps related to the effectiveness of authority centralization, community-based supervision models, FPIC implementation, and systematic studies of intergenerational justice in mining licensing. These findings contribute to strengthening the legal analysis of mining administration and open up opportunities for regulatory reform towards fairer, accountable, and more sustainable governance.
The Right of Inquiry of The House of Representatives in the Constitutional System: Between The Supervisory Function and The Potential for Abuse Humah, Darsis
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.436

Abstract

The right of inquiry is one of the constitutional rights of the House of Representatives as regulated in Article 20A paragraph (2) of the 1945 Constitution and the MD3 Law as an instrument of supervision over the government. After the amendment of the 1945 Constitution, the position of the House of Representatives has been strengthened as an important actor in the checks and balances mechanism. However, in practice, the use of the right of inquiry often raises debate, both as a form of constitutional supervision and as a political bargaining tool that has the potential to be abused. This article aims to analyze the position of the DPR's right of inquiry in the Indonesian constitutional system, identify its function and relevance to democracy, and examine its potential abuse in contemporary political practice. This research uses  a normative juridical  approach with a qualitative analysis method through literature review, laws and regulations, Constitutional Court decisions, and SINTA and Scopus indexed scientific publications for the 2020–2025 period. The results of the study show that normatively, the right of inquiry has a strong and relevant legal basis to strengthen the principles of accountability and transparency of governance. However, regulatory weaknesses, especially related to the follow-up of investigation results, make the effectiveness of the right of inquiry often limited. In addition, the dominance of the political majority in parliament and the tendency to politicize make the right of inquiry more often used as a political instrument than as an instrument of substantive supervision. In conclusion, the urgency of strengthening the right to inquiry lies in regulatory reform, strengthening the ethical mechanism of the House of Representatives, and increasing civil society participation, so that this right truly functions as a democratic instrument to prevent abuse of power

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