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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 78 Documents
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Evaluation of the Legislative Process in the Revision of the TNI Law: Transparency, Public Participation, and Constitutionality Humah, Darsis
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.452

Abstract

This study aims to evaluate the legislative process in the revision of the Indonesian National Armed Forces Law (UU TNI) by emphasizing three main aspects: transparency, public participation, and constitutionality. The research method used is a qualitative descriptive case study approach, through in-depth interviews with key informants (members of the House of Representatives, constitutional law academics, civil society activists, TNI representatives, and political observers), analysis of official documents, and non-participant observation. The results of the study indicate that transparency in the discussion of the revision of the TNI Law remains low because meetings are not fully open and public access to the draft bill is limited. Public participation is also not optimal; the space for discussion through Public Hearings is very limited and public aspirations are rarely accommodated in the final draft. From a constitutional aspect, there are articles that potentially conflict with the principle of civilian supremacy and are not fully in line with the 1945 Constitution. Meanwhile, the TNI's perspective tends to encourage the expansion of roles beyond military functions, which has the potential to generate debate in a democratic system. Overall, the revision of the TNI Law is considered not fully democratic and legitimate, because it still faces issues of openness, participation, and compliance with constitutional principles.
A Comparative Study of KUHAP and the Draft KUHAP on the Protection of Human Rights in Criminal Justice Processes Winoto, Taufik Pandan
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.453

Abstract

This study aims to analyze and compare the Indonesian Criminal Procedure Code (KUHAP) and the Draft Criminal Procedure Code (RKUHAP) in the context of human rights protection within criminal justice processes in Indonesia. The research employs a qualitative approach using library research methods, focusing on statutory analysis, legal documents, and relevant academic literature. The findings reveal that KUHAP still shows significant limitations in ensuring comprehensive human rights protection, particularly regarding the right to legal counsel from the early stage of investigation, prohibition of torture, and protection of crime victims. In contrast, RKUHAP introduces substantial normative reforms by reinforcing the principles of due process of law and fair trial, aligning with international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR). The study concludes that RKUHAP represents a crucial step toward a more just, humane, and human rights–oriented criminal justice system. However, its practical effectiveness largely depends on the readiness of law enforcement institutions and the broader legal culture within Indonesian society.
Human Rights and People's Sovereignty from the Perspective of Article 28 Chapter XA of the 1945 Constitution: A Case Study of the Struggle for Jobs by Foreign Workers Astuti, Sri Ayu
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.446

Abstract

The phenomenon of the increasing use of foreign workers (TKA) in Indonesia has given rise to debate regarding the protection of citizens' rights to work as guaranteed in Article 28D paragraph (2) of the 1945 Constitution. On the one hand, government policies oriented towards increasing foreign investment are considered important for national economic development, but on the other hand, they give rise to the potential for violations of the principles of Human Rights (HAM) and People's Sovereignty as regulated in Article 28 Chapter XA of the 1945 Constitution. This study aims to analyze the application of the principles of human rights and people's sovereignty in the context of the struggle for employment between local and foreign workers, and to assess the state's constitutional responsibility in protecting the right to work. The method used is qualitative with a case study approach through interviews, observations, and legal document reviews. The results of the study indicate that the implementation of the right to work in the context of the use of TKA does not fully reflect the principle of people's sovereignty, because the government emphasizes the economic aspect more than protecting the rights of local workers. As a result, inequality in access to work and a decline in public trust in the state has emerged. This study emphasizes the importance of reorienting employment policies to align with human rights values ​​and the principle of people's sovereignty.
THE CONCEPT OF FREEDOM OF OPINION IN ISLAM AND ITS LIMITATIONS AS SEEN IN THE FACE OF CONSTITUTIONAL LAW Al-Fitrah, Ramadhan; Siregar, Ramadhan Syahmedi; Tanjung, Dhiauddin
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.455

Abstract

This study aims to analyze the concept of freedom of speech (Hurriyatul Ra'yi) in Islamic teachings and compare its limitations with the provisions of Indonesian Constitutional Law (UUD NRI 1945), particularly in the context of restrictions on hate speech, blasphemy, and the spread of fake news. This study uses a normative (doctrinal) legal type. We apply a philosophical-theological approach to examine Islamic Law and a juridical-normative approach to analyze the Constitutional framework. The analysis is conducted in a comparative-synchronized manner to find common ground and philosophical harmony between the two legal systems. The main primary legal materials include the Qur'an, Hadith, Fiqh Siyasah books, as well as the 1945 UUD NRI and the ITE Law. Freedom of speech in Islam is seen as a right bound by responsibilities and obligations (amar ma'ruf nahi munkar), whose main purpose is to realize the public good (maslahat) and must be stopped if it causes harm (mafsadah). These limitations are supported by the principles of ethics and prevention (Sadd al-Dzarāi'). Accordingly, the Indonesian Constitution guarantees freedom (Article 28E), but imposes mandatory restrictions through Article 28J Paragraph (2) for the sake of "religious values" and "public order." There is a strong philosophical alignment, where Islamic restrictions aimed at preventing mafsadah align with the Constitutional restrictions that protect religious values ​​and public order. Both legal systems fundamentally reject absolute and destructive freedom of expression. This synchronization forms the legal basis for the implementation of positive law (such as the ITE Law) in demanding digital accountability, which in essence protects collective ethics and morality.
Justice in Transition: The Effectiveness of Restorative Justice in Resolving Social Conflicts Shodiq, Md; Sumaryanto, A. Djoko
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.459

Abstract

This study analyzes the effectiveness of implementing restorative justice in resolving social conflicts within Indonesian communities as part of the transitional justice process. Using a qualitative approach and a case study method in several regions such as Poso, North Maluku, and West Sumatra this research explores how restorative mechanisms rooted in local wisdom can restore social relations, strengthen community cohesion, and prevent recurring conflicts. The findings reveal that restorative justice approaches are effective in fostering reconciliation at the community level through dialogue, acknowledgment of wrongdoing, and traditional symbolic acts. However, their effectiveness largely depends on institutional support, facilitator capacity, and the alignment of public policies. The integration of local values such as musyawarah (deliberation), pela gandong, and alek nagari emerges as a key factor in sustaining the peacebuilding process. These findings emphasize the importance of strengthening the national legal framework, engaging civil society, and enhancing the capacity of local actors so that restorative justice can function not only as a conflict resolution mechanism but also as a means of achieving long-term social transformation
Analysis of The Role of Academic Papers in The Application of The Concept of Meaningful Community Participation in Law No. 13 of 2022 Concerning The Second Amendment to Law No. 12 of 2011 Concerning the Formulation of Legislation Mardiana, Mardiana; Rahmadina, Adji Annisa; Ramadoni, Sofwan Rizko
Jurnal Hukum dan Keadilan Vol. 2 No. 6 (2025): JHK_OCTOBER
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i6.462

Abstract

This study examines the existence of academic manuscripts in implementing the concept of meaningful public participation as mandated by Law No. 13 of 2022 concerning the Second Amendment to Law No. 12 of 2011 on the Establishment of Laws and Regulations. The main issue addressed is the weak consistency in attaching academic manuscripts to the legislative process, which often renders public participation merely formal and not substantive. The objective of this research is to analyze the urgency of academic manuscripts in ensuring justice, inclusivity, and transparency in law-making, while also evaluating their practical application in drafting Regional Regulations (Perda) in Bontang City during 2018–2024. The research applies a normative legal method (doctrinal research) using statutory, conceptual, and case approaches. The data analyzed consist of primary and secondary legal materials as well as empirical evidence from Bontang City’s e-archive. The findings reveal that academic manuscripts play a strategic role in strengthening public participation; however, in practice, they are often disregarded or prepared only as administrative formality without substantive study. The Bontang case study demonstrates the low consistency of academic manuscripts in the drafting of local regulations, leading to weak legitimacy and regulatory quality. This study concludes that the existence of academic manuscripts must be reinforced through stricter regulation and inclusive legislative practices. The recommendations emphasize the need for a stronger mechanism of public information disclosure, mandatory substantive participation, and institutional capacity building to ensure that every policy enacted is based on scientific analysis and genuinely reflects the aspirations of the people.
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.

Page 7 of 8 | Total Record : 78

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