cover
Contact Name
Samsul Arifin
Contact Email
academosjhts@um-surabaya.ac.id
Phone
+6283830834917
Journal Mail Official
academosjhts@um-surabaya.ac.id
Editorial Address
Jl. Raya Sutorejo No.59, Dukuh Sutorejo, Kec. Mulyorejo, Surabaya, Jawa Timur 60113
Location
Kota surabaya,
Jawa timur
INDONESIA
ACADEMOS Jurnal Hukum dan Tatanan Sosial
ISSN : -     EISSN : 2985797X     DOI : -
Core Subject : Social,
ACADEMOS Jurnal Hukum dan Tatanan Sosial is a journal in the field of Law managed and developed by Students, Faculty of Law, University of Muhammadiyah Surabaya, Indonesia. Since it was first published in 2022, the journal is intended to facilitate and provide a legal study development forum for lecturer, Researchers, and students. This journal publishes articles in the field of law with a theme specific to each problem. The specialty of this journal is to publish articles in contemporary legal studies with an interdisciplinary approach. The journal is also intended to publish a variety of studies on social justice and crime in a broad perspective. ACADEMOS Jurnal Hukum dan Tatanan Sosial publishes fallen theoretical contributions in the field of social-law, as well as contributions that are the result of empirical and interdisciplinary research. ACADEMOS journal is published twice a year (in February and August) by the Faculty of Law, University of Muhammadiyah Surabaya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 86 Documents
Refleksi Putusan Mahkamah Agung Nomor 23 P/HUM/2024: Eskalasi Yudisialisasi Politik dan Politisasi Yudisial dalam Pengujian Norma Azhumatkhan, syarif Hidayatullah; Tri Firmansyah, Adithya
Academos Vol 3 No 1 (2024): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v3i1.22984

Abstract

The lofty goal of realizing an independent judiciary to uphold law and justice is now facing a steep road because in the process, the judiciary is always vis a vis at the crossroads between law and politics. Currently, instead of bringing the issue of interference, the judiciary has become the party that intervenes in the rule-making power, and this has almost reached a culmination point. The latest crucial event is Supreme Court Decision No. 23/P/HUM/2024. The decision changes the meaning of the prerequisite norm of the age limit for Regional Head candidates, which is calculated from the determination of the candidate pair, to be calculated from the inauguration. Starting from the description above, this research aims to explore the meaning of the Supreme Court's activities in the concept of political judicialization and judicial politicization. The research method used is normative (legal) research, with statutory, case, historical, and conceptual approaches. The results of this study are, first, Supreme Court Decision No. 23 P/HUM/2024 shows weaknesses because the arguments given are not sufficient, and the Supreme Court also exceeds its authority by intervening in the legal policy authority of the KPU, this can be interpreted as political judicialization and judicial politicization. Second, the Problems of Supreme Court Decision No. 23 P/HUM/2024 are enough to reflect that there are still legal gaps that must be addressed. So that in the future, in the context of legal reform, it is necessary to integrate one-stop testing of laws and regulations in the Constitutional Court.
Agrarian Law Study on the Settlement of Customary Land Disputes in Sorong Regency Aru , Demianus; Markus, Dwi Pratiwi; Yati, Sri; Simanjuntak , Kristi Warista
Academos Vol 3 No 1 (2024): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v3i1.23317

Abstract

Land is considered very important for human life that needs to be maintained. Land law in Indonesia has been regulated in Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), which means that it is a whole of written and unwritten legal norms. Land is not only a place to stand, but also a place for the growth of natural resources, habitat for various types of living things, as well as the foundation for economic and social development, not infrequently this causes a problem or conflict. This research aims to find out the existence of agrarian law in solving customary land problems in Sorong Regency. This research uses a socioligical juridical approach method to examine the problems studied. The results of this study indicate that Agrarian Law becomes the basis for resolving customary land issues in Sorong Regency without overriding Customary Law and Customary Law that already exists in the community in Sorong Regency.
Regulatory Disruption of Online Business Licensing (A Case Study of Legal and Ethical Challenges) Ngaisah, Siti
Academos Vol 3 No 1 (2024): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v3i1.23318

Abstract

Regulatory Disruption in Online Business Licensing has become a major subject in the modern legal and ethical landscape. The study highlights emerging regulatory challenges related to online business licensing, examining the impact of such disruptions on legal arrangements and emerging ethical issues. The cases discussed illustrate the complexities faced in adapting regulations to the dynamics of online business, including data privacy issues, transaction security, and consumer protection. Legal challenges include adapting regulations to technological innovation, while ethical challenges highlight openness, honesty, and protection of individual rights in an evolving online business environment. By analyzing the impact of disruption on online business licensing regulations, this study aims to identify solutions and approaches that can consider and balance legal and ethical aspects in regulating today's digital business world. This research uses a qualitative approach which is also intended to collect and utilize and distribute all information related to the subject matter raised.
Reconciling Environment and Development: Legal Transformation in the Job Creation Law Through a Green Constitution Elfudllatsani , Bahar
Academos Vol 3 No 1 (2024): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v3i1.23319

Abstract

This research examines the compatibility of the Job Creation Law with the principles of the green constitution in the context of environmental protection and people's constitutional rights. The Job Creation Law was born to accelerate investment and simplify regulations. This raises concerns about the potential decline in environmental quality. This research uses a normative legal approach and literature analysis to identify the impact of the Job Creation Law on the environment and its integration with the green constitution. The discussion shows that the Job Creation Law tends to neglect environmental protection, reducing the role of state oversight and public participation. The results of this study emphasize the need for policy revision to integrate the principle of environmental sustainability in the legal framework of economic development. Public participation is also key to the success of sustainable environmental protection. This is because the people who will be directly affected by environmental changes are the people. Policy development that integrates sustainable principles in all aspects of economic development without sacrificing the environment. Keywords: Environmental Protection; Green Constitution; Job Creation Law; Sustainable Development.
PENDEKATAN HUKUM YANG MENIMBANG REHABILITASI DAN HUKUMAN BAGI PECANDU NARKOBA Syahrul Hidayat, Syahrul; Ahmad Basuki Babussalam
Academos Vol 4 No 1 (2025): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v4i1.23947

Abstract

Drug addiction is a serious problem in many countries, with widespread negative impacts on individuals and society. Law enforcement against drug addicts involves both rehabilitation and punishment approaches, which creates complexities in handling these cases. The problem formulation in this article is (1) How effective is the rehabilitation approach compared to the punishment approach in dealing with drug addicts? (2) How can law be used to support efforts to prevent and treat drug addiction in society? This article aims to explore the role and importance of law enforcement in handling drug addict cases and to present an analysis of its effectiveness, efficiency, and compliance with legal principles and human rights in this context. This article uses a normative juridical method approach by analyzing in-depth the text of laws, regulations, and related court decisions. This analysis aims to understand the legal framework that regulates law enforcement against drug addicts and their right to rehabilitation. From the analysis conducted, this article concludes the importance of consistency in the application of the law against drug addicts to maintain justice, legal certainty, and the protection of human rights. In addition, this article also highlights the need for a balanced approach between rehabilitation and punishment in handling drug addict cases.
Konflik Lingkungan Dan Tanggung Jawab Hukum Terhadap Kerusakan Lingkungan dalam Kasus Lumpur Lapindo: Konflik Lingkungan dan Tanggung Jawab Maharani Listi Putri Hariyanto; Dewi, Renny Nur Haliza; Puspa Pertiwi; Ria Tri Vinata
Academos Vol 4 No 1 (2025): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v4i1.26591

Abstract

The Lapindo Mud Tragedy in Sidoarjo since 2006 is a major environmental disaster with widespread impacts, causing damage to land, settlements, and the socio-economic community. However, to date, its resolution remains fraught with controversy and injustice. This study aims to analyze the form of legal accountability carried out by PT Lapindo Brantas Inc. towards victims and evaluate law enforcement in this case. The approach used is normative legal research and field observation. It was found that PT Lapindo Brantas Inc. did not provide fair compensation to victims, and criminal law efforts were hampered by weak law enforcement and the tug-of-war of political and economic interests.
Analisis dan Evaluasi Peraturan Pemerintah No. 71 Tahun 2019 tentang Penyelenggaraan Sistem dan Transaksi Elektronik (PSTE) dalam Menanggulangi Kejahatan Ransomware di Indonesia Afriqil Wildan; Samsul Arifin
Academos Vol 4 No 1 (2025): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v4i1.26617

Abstract

This study analyzes and evaluates the effectiveness of Government Regulation No. 71 of 2019 concerning the Implementation of Electronic Systems and Transactions (PSTE) in combating ransomware crimes in Indonesia. The ever-evolving ransomware threat has triggered the need for regulations capable of adaptively responding to the dynamics of cybercrime. This study uses a normative juridical method with a qualitative approach to examine the urgency of implementation and obstacles in its implementation. The study results indicate that PP No. 71 of 2019 still faces various challenges, such as weak technical understanding, minimal coordination between agencies, limited legal sanctions, and a lack of technical guidance for prevention and mitigation. This study's recommendations include the development of detailed technical guidelines, strengthening the role of the National Cyber ​​and Crypto Agency (BSSN), digital security education, and harmonization with the Personal Data Protection Law. A comprehensive and collaborative legal strategy is needed to build national cyber resilience in the face of ransomware threats.
Sinergi 4 Pilar Penegakan Hukum Dalam Memberikan Perlindungan hukum Terhadap Korban Kekerasan Dalam Rumah tangga Mahdy; Samsul Arifin
Academos Vol 4 No 1 (2025): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v4i1.26736

Abstract

Law enforcement against domestic violence (DV) is a crucial aspect in ensuring protection for victims. In the Indonesian legal system, law enforcement is supported by four main pillars of law enforcement: the Police, the Prosecutor's Office, the Courts, and Advocates. These four pillars play a crucial role in providing legal protection for victims of domestic violence in accordance with Law Number 23 of 2004 concerning the Elimination of Domestic Violence (UU-PKDRT). This study employed a normative juridical method with a statute approach and a review of other relevant literature. The results indicate that although regulations explicitly regulate victim protection, implementation in the field still faces various obstacles, such as a lack of understanding of gender perspectives among law enforcement officials, limited access to legal assistance by victims, and a lack of coordination between relevant institutions. Furthermore, the role of the four pillars of law enforcement in addressing domestic violence still requires strengthening, both in terms of regulations, enforcement mechanisms, and synergy between institutions. This study concludes that the effectiveness of legal protection for victims of domestic violence depends heavily on optimizing the role of the four pillars of law enforcement and improving the implementation of existing policies. Reform efforts are needed in the form of increasing the capacity of legal officials, wider outreach regarding victims' rights, and strengthening sector coordination so that legal protection can run more optimally.
Tinjauan Yuridis Keterlibatan Anak Dalam Perdagangan Narkotika di Indonesia Santoso, Dwi Rahmadi; Levina Yustitianingtyas
Academos Vol 4 No 1 (2025): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v4i1.27236

Abstract

Drug trafficking is a serious crime that not only threatens social order and public health, but is also increasingly worrying with the increasing involvement of children in its networks. This phenomenon creates a complex dilemma where children are often exploited and become victims of syndicates, but in practice are actually treated as perpetrators, so that an in-depth legal study of regulations, forms of legal sanctions, protection, and obstacles to handling children in the drug trade is crucial to ensure justice that sides with children. This study aims to analyze the forms of legal sanctions and protection for children involved in the drug trade based on Law Number 35 of 2009, Law Number 11 of 2012, the Criminal Code, and Law Number 35 of 2014. This study uses a normative research method through a legislative approach. The results of this study indicate that legal sanctions for children involved in drug trafficking in Indonesia, although strictly regulated in Law Number 35 of 2009 concerning Narcotics, must be aligned with the principles of child protection in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA), Law Number 35 of 2014 concerning Child Protection, and the Criminal Code (KUHP). This treatment includes limiting the duration of the sentence, granting special rights to assistance, and rehabilitation so that children can return to their social environment in a positive manner and avoid the negative impacts of the criminal justice system. It is concluded that optimal protection and reintegration of children in this case requires multi-stakeholder synergy, starting from the consistency of law enforcement in implementing diversion and restorative justice, to strengthening the role of families and communities supported by comprehensive government policies. This research is presented as a general review.
Mr S.H.: Perlindungan Hukum Negara Republik Indonesia bagi Kehidupan Layak Pengungsi Rohingya Yurisdichristiawan, Deogoza; Lukman Hakim; Zulkarnain
Academos Vol 4 No 2 (2025): ACADEMOS Jurnal Hukum dan Tatanan Sosial
Publisher : Faculty of Law, University of Muhammadiyaha Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/aca.v4i2.27765

Abstract

Legal protection provided by the Republic of Indonesia to Rohingya refugees aims to ensure a decent standard of living despite Indonesia not being a party to the 1951 Refugee Convention and its 1967 Protocol. The study applies a normative juridical method by examining national legislation, Philipus M. Hadjon’s theory of legal protection, and international refugee law principles, particularly Non-Refoulement and Non-Discrimination. Findings indicate that legal protection remains confined to Presidential Regulation No. 125 of 2016, which regulates the discovery, sheltering, security measures, and immigration supervision of refugees. However, the absence of specific regulations establishing minimum standards for temporary accommodation results in suboptimal preventive and repressive protection by the government. The study concludes that clear and comprehensive regulations on temporary accommodation standards are required as part of the state’s responsibility to ensure adequate legal protection for Rohingya refugees within its jurisdiction.