cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Agus Rahmad
Contact Email
Hafasyeducation01@gmail.com
Phone
+6281262457518
Journal Mail Official
Hafasyeducation01@gmail.com
Editorial Address
Jl. Kenanga, Kec. Umbulharjo, Kota Yogyakarta, Daerah Istimewa Yogyakarta
Location
Kota jambi,
Jambi
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
 4   5   6   7   8 
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
Freedom, Oversight, and Sanctions in Digital Financial Services: Toward Sustainable Development Goals in Indonesia Hamid, Abdul; Afifullah , Muhamad; Sakti, Muthia
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.v2i6.448

Abstract

The rapid growth of digital financial services in Indonesia has reshaped financial transactions by increasing accessibility, efficiency, and innovation, thereby supporting financial inclusion and economic growth. However, this progress also presents challenges related to security, consumer protection, and regulatory adequacy. This study examines the balance between freedom and oversight in digital financial transactions and assesses the role of sanctions on service providers. Using a normative juridical approach with statutory, conceptual, and case-based analysis, the research explores how Indonesia’s legal framework addresses the dual challenge of encouraging innovation while protecting public interests. The findings show that freedom in digital finance expands inclusivity but also increases risks of cybercrime, fraud, data misuse, and instability, especially concerning digital assets. Oversight mechanisms are essential to ensure transparency, compliance, and stability. Sanctions—administrative, civil, or criminal—function as tools to compel providers to adopt stronger standards of security, accountability, and consumer protection. While sanctions may impose costs, they strengthen compliance and enhance public trust. The study concludes that balancing freedom, supervision, and sanctions is vital to creating an innovative yet accountable digital financial ecosystem. Moreover, these regulatory measures contribute to the Sustainable Development Goals (SDGs), particularly economic growth (SDG 8), innovation and infrastructure (SDG 9), reducing inequalities (SDG 10), and strong institutions (SDG 16).
Restoration of Justice Through Rehabilitation As a Critical Review of The Effectiveness of Article 54 of The Narcotics Law As a Paradigm of Modern Criminal Prosecution Maskanah, Ummi; Mulyana, Yusep
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.v2i6.451

Abstract

Restorative justice demands a shift from punishment to rehabilitation. Article 54 of the Narcotics Law mandates rehabilitation as an obligation for addicts, shifting the criminal paradigm from punishment to protection and rehabilitation. This rehabilitation reflects the values of restorative justice, which emphasize social and personal recovery from drug abuse. This study aims to examine the position of Article 54 of Law Number 35 of 2009 concerning Narcotics within the framework of modern criminal justice and the concept of restorative justice, as well as to examine the implementation of rehabilitation for drug addicts as a form of recovery approach compared to punishment. The method used is normative juridical with a statutory and conceptual approach, through an analysis of positive legal norms and their relevance in the criminal justice system in Indonesia. The results of the discussion indicate that Article 54 of Law No. 35 of 2009 has an important position in the framework of modern criminalization and restorative justice , by emphasizing medical and social rehabilitation for addicts and victims of drug abuse, rather than punishment. In its implementation, although normatively it reflects a healing approach and protection of human rights, implementation in the field still faces obstacles such as limited facilities, social stigma, and weak support from officials, thus requiring strengthening of policies and institutions.
Analysis of the Implementation of the Criminal Procedure Code in Handling Cyber Crimes: Between Effectiveness and Justice Sari, Ratih Mega Puspa
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.v2i6.454

Abstract

The development of digital technology has given rise to various forms of cybercrime that challenge the criminal procedure system in Indonesia. This study aims to analyze the implementation of the Criminal Procedure Code (KUHAP) in handling cybercrimes, with a focus on effectiveness and justice. The method used is a descriptive qualitative approach through in-depth interviews with investigators, prosecutors, judges, and criminal law academics, accompanied by a documentary study of the Criminal Procedure Code (KUHAP), the ITE Law, and related court decisions. Data analysis was carried out through the stages of data reduction, data presentation, and conclusion drawing/verification, and its validity was tested using the triangulation method of sources, methods, and time. The results of the study indicate that the application of the Criminal Procedure Code (KUHAP) in cyber cases still uses a conventional legal framework that is not fully adaptive to the characteristics of digital crimes. The effectiveness of criminal procedure law in the cyber context is still limited by technical and normative obstacles, while the aspect of justice is only fulfilled at the procedural level, not substantive. This study recommends the need for an update to the KUHAP based on a digital justice system to ensure a balance between effective law enforcement and substantive justice in the information technology era.
Impact of the Elimination of Defamation and Fake News Articles in the Criminal Code on Press Freedom and Government Accountability Flora, Heny Saida; Salmon, Harly Clifford Jonas
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.v2i6.456

Abstract

This research explores the impact of the elimination of defamation and fake news articles in the revised Indonesian Criminal Code (KUHP) on press freedom and government accountability. The study employs a qualitative descriptive approach to examine the perspectives of journalists, government officials, and civil society activists concerning how legal reform influences the dynamics between media and the state. Data were collected through in-depth interviews, document analysis, and non-participatory observation, then analyzed using Miles and Huberman's interactive model, consisting of data reduction, data display, and conclusion drawing. The findings reveal that the removal of defamation and fake news articles has expanded press freedom and reduced the risk of criminalization against journalists in Indonesia. It signifies a progressive step toward strengthening democratic governance and legal protection of human rights, particularly the right to express and access information. However, the reform also presents new ethical challenges, as the absence of penal provisions may increase the spread of misinformation if not accompanied by strong media ethics and accountability mechanisms. In conclusion, the legal reform marks a significant transition from a restrictive legal culture to one that promotes freedom with responsibility. The study recommends the enhancement of journalistic ethics training, public media literacy, and stronger institutional collaboration between the Press Council, government, and civil society to sustain a balanced and accountable media ecosystem.
National Law: Sharia Law as an Instrument for Protecting Human Rights (HAM) in Islam Nst, Abdul Saman
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.v2i6.463

Abstract

Human Rights (HAM) are fundamental rights inherent in every individual since birth without distinction of ethnicity, religion, race, or social status. The principle of universality and justice in human rights has long been part of Islamic teachings through sharia law (al-syariah al-islamiyyah). Sharia not only regulates aspects of religious rituals, but also includes a comprehensive legal system that guarantees human welfare and dignity. The main objective of sharia law is realized in the concept of maqāṣid al-syarī‘ah, which includes protection of religion (ḥifẓ al-dīn), soul (ḥifẓ al-nafs), reason (ḥifẓ al-‘aql), descendants (ḥifẓ al-nasl), and property (ḥifẓ al-mal). These five principles represent the essence of human rights in Islam, showing the harmony between Islamic values ​​and modern human rights principles as stated in the Universal Declaration of Human Rights (UDHR) 1948. This research uses a literature review method, examining primary and secondary sources related to Sharia law and human rights. The results indicate that Sharia law serves as a normative, moral, and social instrument in protecting basic human rights and has strong relevance to contemporary human rights principles. However, implementation challenges arise from differences in Sharia interpretations, partial application, and a lack of integration between the values ​​of Sharia's objectives and national law. Therefore, a harmonious approach is needed that integrates Islamic values ​​of justice and welfare with the positive legal system to strengthen comprehensive human rights protection.
The Existence of The Role of The Financial Auditing Agency in Enforcing State Financial Accountability as The Supreme Audit Institution in Indonesia Mardiana, Mardiana; Saputri, Syabila; Purwanto, Purwanto
Jurnal Hukum dan Keadilan Vol. 3 No. 1 (2025): JHK - December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i1.496

Abstract

This study reviews the position and role of the Supreme Audit Agency (BPK) in ensuring the enforcement of state financial accountability as the highest audit institution in Indonesia. The main focus of this study lies on the historical, constitutional, and institutional dynamics that have shaped the existence of BPK since the early days of independence until after the amendment of the 1945 Constitution. The purpose of this study is to examine how the legal construction and institutional development of the BPK strengthen the state's external oversight function and ensure transparency and fiscal responsibility. This study uses a normative legal method with a juridical, conceptual, and case study approach, which is processed through analysis of regulations, doctrines, historical archives, and public audit practices. The results of the study show that the long journey of the BPK, starting from the legacy of the Algemene Rekenkamer, institutional transformation during various political periods, to harmonization with international audit standards, has formed a strong foundation for the independence and professionalism of the institution. However, challenges remain, particularly in harmonizing authority with other oversight actors and maintaining the orientation of audits in the strategic realm of state finances. This study confirms that the BPK plays an essential role as the guardian of national fiscal integrity and an important pillar in Indonesia's checks and balances architecture.

Page 8 of 8 | Total Record : 78

 4   5   6   7   8 

Filter by Year

2023 2025


Reset
Filter By Issues
All Issue Vol. 3 No. 1 (2025): JHK - December Vol. 2 No. 6 (2025): JHK_OCTOBER Vol. 2 No. 5 (2025): JHK-August Vol. 2 No. 4 (2025): JHK-June Vol. 2 No. 3 (2025): JHK-April Vol. 2 No. 2 (2025): JHK-February Vol. 2 No. 1 (2024): JHK-December Vol. 1 No. 6 (2024): JHK-Oktober Vol. 1 No. 5 (2024): JHK-August Vol. 1 No. 4 (2024): JHK-June Vol. 1 No. 3 (2024): JHK-April Vol. 1 No. 2 (2024): JHK-February Vol. 1 No. 1 (2023): JHK-December More Issue