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INDONESIA
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 102 Documents
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International Civil Law In The Settlement Of Cross-Border Civil Disputes Ahmad Al Farisi; Muhammad Aziz Zulkifli
Jurnal Hukum dan Keadilan Vol. 3 No. 4 (2026): JHK - June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i4.618

Abstract

Globalization has encouraged the increasing development of legal relationships between individuals and legal entities originating from different countries. These interactions have given rise to civil legal relations that are no longer confined to the territory of a single state but involve foreign elements connecting more than one national legal system. This condition has led to a growing number of cross-border civil disputes that require dispute resolution mechanisms capable of ensuring legal certainty, justice, and benefits for the parties involved. In this context, Private International Law (PIL) plays an important role in determining the applicable law (choice of law), the jurisdiction of competent courts, and the recognition and enforcement of foreign judgments. This study aims to analyze the application of Private International Law principles in the settlement of cross-border civil disputes and to identify various challenges encountered in practice. The research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that the principles of Private International Law serve as essential instruments for resolving legal conflicts arising from the existence of foreign elements in legal relationships. However, their implementation continues to face several obstacles, including jurisdictional conflicts, differences among national legal systems, the lack of uniform rules regarding the recognition and enforcement of foreign judgments, and the national interests of individual states. Therefore, legal harmonization and enhanced international cooperation are necessary to establish a more effective, fair, and legally certain system for resolving cross-border civil disputes.
State Sovereignty And Territorial Boundaries In The Perspective Of International Law Andre Kurniawan
Jurnal Hukum dan Keadilan Vol. 3 No. 4 (2026): JHK - June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i4.619

Abstract

:  State sovereignty is a fundamental principle of international law, grounded in the existence of clearly defined and legally recognized territory. The determination of land, maritime, and air boundaries is essential for safeguarding territorial integrity, national security, and peaceful interstate relations. Nevertheless, border disputes frequently arise due to conflicting interpretations of international treaties, ambiguous territorial delimitations, colonial legacies, geographical changes, and competing political and economic interests, posing significant challenges to regional and global stability. This study aims to examine the concept of state sovereignty under international law, analyze legal mechanisms for determining state boundaries, and identify the causes and resolution of border disputes resulting from treaty interpretation. Using normative legal research with legislative, conceptual, and case study approaches, the study analyzes primary, secondary, and tertiary legal materials through qualitative methods. The findings indicate that international law provides a comprehensive framework for boundary determination through international treaties, customary international law, judicial decisions, and the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). Border disputes may be resolved through negotiation, mediation, arbitration, or adjudication before the International Court of Justice. The study concludes that legal certainty over territorial boundaries is indispensable for the effective exercise of state sovereignty. Strengthened international cooperation, harmonized treaty interpretation, and more effective dispute resolution mechanisms are therefore essential to promote international peace, stability, and sustainable interstate relations
Juridical Review of The Determination of National Territorial Boundaries According to The Provisions of International Law Anggi Rokiba; Anis Rindiandi; Angga Aldilla Gusman
Jurnal Hukum dan Keadilan Vol. 3 No. 4 (2026): JHK - June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i4.620

Abstract

The increasing complexity of business activities in the era of globalization has heightened the potential for disputes among business actors. Business disputes may arise from breaches of contract, violations of agreements, differences in contractual interpretation, or conflicts related to the implementation of legal relationships in trade and investment activities. Dispute resolution through litigation is often considered less effective due to its lengthy process, high costs, and relatively complicated procedures. Therefore, a dispute resolution mechanism that can provide legal certainty, efficiency, and protection for the interests of the parties involved is needed. One of the most widely used mechanisms is arbitration. Arbitration is a method of resolving civil disputes outside the general court system based on a written agreement between the disputing parties. In Indonesia, arbitration is regulated under Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Arbitration offers several advantages, including a faster resolution process, confidentiality of disputes, the freedom to choose arbitrators with expertise in the relevant field, and decisions that are final and binding. This article aims to analyze the position of arbitration within the Indonesian legal system, examine its effectiveness as an alternative method of business dispute resolution, and identify the various challenges encountered in its implementation. The study employs a normative legal research method through statutory and conceptual approaches. The findings indicate that arbitration plays an important role in supporting effective and efficient business dispute resolution, although several obstacles remain in the implementation and enforcement of arbitral awards.
Climate Change And The Challenges Of Setting Countries' Maritime Boundaries In The Perspective Of International Law Ashri Rose Dhuhaningrum; Wijayono Hadi Sukrisno; Adystia Sunggara
Jurnal Hukum dan Keadilan Vol. 3 No. 4 (2026): JHK - June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i4.621

Abstract

Climate change is a global phenomenon that has various impacts on human life, including the maritime territories of states. Rising sea levels, coastal erosion, and the submergence of small islands have the potential to alter geographical conditions that have long served as the basis for the determination of maritime boundaries. These changes give rise to legal issues related to territorial certainty, the exercise of state sovereignty, and the management of marine resources. This study aims to analyze the regulation of maritime boundaries under international law and to examine the challenges posed by climate change to the determination of state maritime boundaries. The research addresses two main questions: how maritime boundaries are regulated under international law and what challenges arise in determining maritime boundaries due to climate change. The study employs normative legal research using statutory and conceptual approaches through an examination of various international legal instruments, particularly the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The findings indicate that climate change has the potential to affect baselines, which serve as the basis for measuring a state's maritime zones. Furthermore, issues of vague norms, conflicts of norms, and legal vacuums exist within international law concerning the status of maritime boundaries affected by geographical changes resulting from sea-level rise. This study concludes that the development of a more adaptive international legal framework is necessary to ensure legal certainty, protect state sovereignty, and prevent future maritime disputes.
Enforcement of International Criminal Law Regarding Crimes in Armed Conflict Febri Arwan Syah; Arifin Faqih Gunawan; Husni Thamrin
Jurnal Hukum dan Keadilan Vol. 3 No. 4 (2026): JHK - June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i4.622

Abstract

Armed conflicts, whether occurring between states or within the territory of a single state, frequently result in severe violations of human rights. Acts such as the deliberate killing of civilians, the deployment of prohibited weapons, enforced disappearances, and systematic torture represent only a fraction of the atrocities committed during wartime. In many instances, these crimes remain inadequately investigated and prosecuted, allowing perpetrators to evade legal accountability. The enforcement of international criminal law in situations of armed conflict faces numerous structural and institutional challenges. These include the limited jurisdictional reach of the International Criminal Court (ICC), political obstacles arising from the interests of members of the United Nations Security Council, and difficulties in collecting reliable evidence within active conflict zones. Such constraints often undermine efforts to ensure justice for victims and to hold offenders accountable under international law. This article provides a comprehensive examination of the normative framework and institutional mechanisms established within international criminal law to address war crimes, crimes against humanity, and genocide. Employing a normative-juridical and comparative research approach, the study evaluates the effectiveness of criminal prosecutions before the ICC, ad hoc international tribunals, and alternative accountability mechanisms, including Truth and Reconciliation Commissions. The findings reveal a persistent gap between the legal standards embodied in international instruments and their practical implementation in conflict-affected regions. This discrepancy is largely influenced by geopolitical interests that frequently interfere with legal processes and weaken the impartial application of justice. To address these shortcomings, the study proposes strengthening the institutional capacity of the ICC, reforming the Security Council referral mechanism, and enhancing cooperation between litigation-based and non-litigation accountability processes. Such integrated measures are essential for combating impunity and promoting justice in the context of contemporary armed conflicts.
Legal Protection for Wives and Children as Indirect Victims of Online Gambling Addiction Through the Integration of Family Law, Criminal Law, and Child Protection in Indonesia Ade Uli Kurniati Siregar
Jurnal Hukum dan Keadilan Vol. 3 No. 4 (2026): JHK - June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i4.659

Abstract

The development of information technology has changed patterns of social interaction, including the emergence of various forms of digital-based crime such as online gambling. This phenomenon not only causes economic losses for perpetrators but also has a serious impact on family resilience. Wives and children often become indirect victims of online gambling addiction through neglect of livelihood, domestic violence, psychological disorders, and disruption of children's rights. This study aims to analyze the forms of legal protection for wives and children as indirect victims of online gambling addiction through an integrative approach between family law, criminal law, and child protection law in Indonesia. The study used normative legal methods with statutory, conceptual, and case-based approaches. The results show that although the Indonesian legal system regulates gambling prohibitions and provides protection for women and children, the implementation of legal protection is still sectoral and therefore unable to provide comprehensive protection for the families of online gambling victims. Therefore, it is necessary to strengthen coordination between law enforcement agencies, women's and children's protection institutions, and develop policies that place the family at the center of legal protection.
Legal Protection For Digital Bank Customers Without Branch Offices In Resolution Of Banking Complaints And Disputes In Indonesia Ade Uli Kurniati Siregar
Jurnal Hukum dan Keadilan Vol. 3 No. 4 (2026): JHK - June
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i4.660

Abstract

The development of digital technology has given rise to a banking service model that allows customers to access various banking services without having to visit a branch office. Digital banks offer the convenience of opening accounts, transferring funds, making payments, depositing funds, and other services through applications or electronic means. However, the characteristics of digital banks, which do not rely on conventional branch offices, pose unique challenges in terms of legal protection for customers, particularly when customers experience problems and require in-person service or complaints. These issues become more complex when unauthorized transactions, account blocking, loss of funds, system disruptions, transaction failures, misuse of personal data, or other issues requiring immediate resolution occur. This study aims to analyze the legal protection for customers of digital banks without branch offices and analyze the complaint and dispute resolution mechanisms that customers can use when experiencing problems. This study uses a normative juridical method with a statutory and conceptual approach. The results show that the absence of physical branch offices does not eliminate the obligation of digital banks to provide customers with access to complaints and dispute resolution. Digital banks are required to provide effective, accessible, transparent, and accountable complaint channels. If complaints to the bank are not resolved, customers can use dispute resolution mechanisms in the financial services sector in accordance with applicable regulations. Therefore, legal protection for digital bank customers must ensure that limited physical interaction does not become an obstacle for customers to obtain justice and resolution when experiencing losses.
Human Rights and Digital Surveillance in the Era of Smart Governance Mery Yarni
Jurnal Hukum dan Keadilan Vol. 3 No. 5 (2026): JHK - August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i5.667

Abstract

The rapid diffusion of smart governance an administrative paradigm that fuses artificial intelligence, big-data analytics, the Internet of Things, and biometric identification into the machinery of public administration has fundamentally reconfigured the relationship between the state and the citizen. While proponents celebrate smart governance as a vehicle for efficiency, transparency, and responsive public service delivery, its infrastructural backbone is inseparable from pervasive digital surveillance: continuous data collection, algorithmic profiling, facial recognition, and predictive analytics deployed by both public authorities and private technology vendors. This article examines the resulting tension between the developmental promise of smart governance and the human rights obligations that bind states under international and domestic law, with particular attention to the rights to privacy, freedom of expression, non-discrimination, and due process. Employing a normative legal method that combines statutory, conceptual, and comparative approaches, the article analyses international human rights instruments, national data-protection legislation including Indonesia's Law No. 27 of 2022 and recent doctrinal literature to map the legal gaps that permit surveillance overreach. The findings indicate that existing legal frameworks remain reactive, fragmented, and structurally ill-equipped to govern the algorithmic and biometric surveillance embedded in smart-city infrastructure. The article concludes that a human-rights-based approach to smart governance design, anchored in proportionality, purpose limitation, transparency, and independent oversight, is indispensable to reconciling technological modernisation with the protection of fundamental rights
Blockchain-Based Smart Contracts: Legal Certainty and Regulatory Implications Wawan Fransisco
Jurnal Hukum dan Keadilan Vol. 3 No. 5 (2026): JHK - August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i5.668

Abstract

The rapid development of blockchain technology has given rise to a new instrument in contract law practice known as smart contracts, namely computer protocols capable of automatically executing, monitoring, and enforcing agreements between parties without the involvement of intermediaries. The presence of this technology raises a number of fundamental legal issues, particularly regarding the validity of contracts, the position of program code as a representation of the parties' will, and its compliance with the principles of conventional contract law. This article aims to analyze the position of blockchain-based smart contracts within the framework of contract law, both from the perspective of international law and Indonesian positive law, and examine their regulatory implications for the current legal system. This research uses a normative juridical method with a statutory approach, a conceptual approach, and a comparative approach to various jurisdictions that have developed regulatory frameworks for smart contracts. The results show that although smart contracts are technically able to fulfill some elements of the validity of agreements under civil law, significant regulatory gaps remain regarding the legal recognition of code as a contract, dispute resolution mechanisms, the allocation of legal responsibility for system failures, and consumer protection in blockchain-based transactions. This article recommends the need for regulatory harmonization that is responsive to the technical characteristics of blockchain without sacrificing the fundamental principles of contract law, including the principles of consensualism, good faith, and protection of the weak party
Cybersecurity Law and National Digital Resilience in The Fourth Industrial Revolution Herlina Damaik
Jurnal Hukum dan Keadilan Vol. 3 No. 5 (2026): JHK - August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i5.669

Abstract

The Fourth Industrial Revolution has transformed the landscape of state governance, the economy, and national defense through the convergence of cyber-physical technologies, artificial intelligence, the Internet of Things, and big data interconnected within a single digital ecosystem. This transformation brings significant opportunities for bureaucratic efficiency and digital economic growth, but simultaneously expands the attack surface, threatening vital information infrastructure, citizens' personal data, and the stability of government systems. This article aims to analyze the position of cybersecurity law as a normative instrument in building national digital resilience amidst the disruptions of the Fourth Industrial Revolution, focusing on the Indonesian legal framework in comparison with regulatory practices in the European Union, the United States, and several other developing countries. This research uses a normative juridical method with a statutory approach, a conceptual approach, and a comparative legal approach, supported by a literature review of laws and regulations, recent scientific journals, and official policy documents of state institutions. The research results show that Indonesia's cybersecurity legal framework, consisting of the Electronic Information and Transactions Law, the Personal Data Protection Law, the Presidential Regulation on the Protection of Vital Information Infrastructure, and the Draft Cyber ​​Security and Resilience Law, is still sectoral, responsive, and not fully oriented towards systemic resilience as mandated by the resilience-by-design paradigm in European Union regulations. This article recommends a reorientation of the legal paradigm from a repressive approach based on criminal prosecution to a preventive-adaptive approach that integrates cyber risk management, mandatory incident reporting, standardization of digital product security, and strengthening the institutional capacity of the National Cyber ​​and Crypto Agency, as a legal foundation for sustainable national digital resilience.

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