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Rosyidi Hamzah
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Jurnal Kajian Ilmu Hukum
Published by Lembaga Riset dan Inovasi Al-Matani
ISSN : 29630630     EISSN : 28291980     DOI : 10.55583/jkih
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Kajian Ilmu Hukum adalah jurnal hukum peer-review yang menyediakan forum untuk karya ilmiah tentang studi hukum. Jurnal ini menerbitkan makalah penelitian asli yang berkaitan dengan beberapa aspek dari penelitian hukum. Jurnal Kajian Ilmu Hukum terbit 2 kali setahun pada bulan Januari dan Agustus. Jurnal ini benar-benar membuka akses pintu bagi para pembaca dan akademisi untuk tetap berhubungan dengan temuan penelitian terbaru di bidang hukum. Jurnal Kajian Ilmu Hukum melingkupi kajian-kajian ilmiah dalam ranah ilmu hukum, hasil-hasil penelitian yang terbaru dan pemikiran-pemikiran progresif. E-ISSN : 2963-0630, P-ISSN : 2829-1980
Arjuna Subject : Ilmu Sosial - Hukum
Articles 62 Documents
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HOAXES AND DEFAMATION: LEGAL LIMITATIONS IN ASSESSING NON-MATERIAL DAMAGES Annazali, Ahmad Haqqi; Marsal, Irsyaf; Syarkun, Mufarikha Binti
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.1681

Abstract

The rapid spread of hoaxes and defamation in the digital age has become a destructive phenomenon, causing serious consequences that include not only material losses, but also significant non-material damages such as ruined reputations, loss of public trust, and profound psychological suffering for both individuals and corporations. This condition creates a crucial juridical problem because positive law in Indonesia, despite having instruments like the ITE Law, has not yet provided clear boundaries (limitations) or objective, measurable parameters for assessing and quantifying such non-material damages within the judicial system. This research utilizes a normative legal method employing a statute approach and a conceptual approach, qualitatively analyzing primary legal sources such as the Civil Code, Criminal Code, the ITE Law and its amendments, as well as secondary legal sources through a comprehensive literature review. The results and discussion demonstrate that the forms of non-material damage, as recognized in Article 1365 of the Civil Code and legal theory, encompass a broad spectrum ranging from damage to honor (eer) and good name (goede naam) to psychological suffering (trauma and stress); however, the legal boundaries in Indonesia are dominantly penal-centric, focusing only on punishing the perpetrator (deterrence) rather than restoring the victim. This strong penal orientation in the ITE Law is proven to create systemic fragmentation separating the criminal and civil processes and a legal vacuum (rechtsvacuüm) in non-material remediation mechanisms, thereby necessitating a paradigm shift towards restorative justice supported by Supreme Court Guidelines (PERMA) to provide clear parameters for judges to assess non-material damages fairly and proportionally.
LEGAL ADVISORY STRATEGIES IN DEFENDING DRUG DEALERS Aditya, Yudika; Manullang, Herlina
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.1732

Abstract

Legal counsel plays a central role in safeguarding the rights of defendants at every stage of the criminal justice process, particularly in narcotics cases that are characterized by high complexity and severe criminal sanctions. This study aims to analyze the defense strategies employed by legal counsel in handling defendants involved in drug trafficking, as well as examine the practical challenges faced in the Indonesian legal system. This research adopts a normative legal method with statutory and conceptual approaches. The findings indicate that defense strategies generally include refuting the elements of the offense, submitting objections regarding procedural defects, and utilizing humanitarian approaches through rehabilitation and restorative justice. However, the implementation of these strategies often encounters substantial obstacles, including limited access to case files, pressure from law enforcement authorities, social stigma against advocates, and a legal system that remains predominantly repressive. The originality of this study lies in its integrative analysis of legal defense strategies within narcotics cases using a normative.
ULTIMUM REMEDIUM AND THE LEGAL POLITICS OF TAX CRIMINAL PROSECUTION IN INDONESIA Abduh, Arridho; Anto, Irma Romi; Abdulghani, Naser Ali
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.1700

Abstract

The enforcement of tax criminal law in Indonesia faces a structural dilemma between the principle of ultimum remedium, which emphasizes the recovery of state financial losses, and the tendency to apply primum remedium, which is punitive. This study uses a juridical-normative method with a statutory, conceptual, case-based, and comparative approach to analyze the normative construction of the KUP Law, law enforcement practices, and Supreme Court jurisprudence related to tax crimes. The results show that the ambiguity of the discretionary formulation of Article 44B of the KUP Law, as well as the inconsistency of the ratio decidendi in court decisions, have given rise to legal uncertainty and unequal treatment of taxpayers. As a novelty, this article deconstructs the binary paradigm of ultimum remedium–primum remedium and proposes the Integrative Justice Model as an alternative theoretical framework. This model is designed as a legal triage mechanism that classifies tax crimes based on the level of seriousness of the act and the degree of culpability (mens rea) of the perpetrator, thus allowing for proportional differentiation of settlement paths through: (1) administrative-restorative paths, (2) hybrid restorative-punitive paths, and (3) punitive-preventive paths. The Integrative Justice Model is offered as a normative solution to bridge the interests of state financial restoration with just, effective, and legal certainty-oriented criminal law enforcement.
Reconceptualization of the Role of Religious Courts in Resolving Sharia Economic Disputes Following the Legal Reform of the Judicial System Warits, Abd; Azzukhrufi, Jaya Roza; Tahirulla, Nur Aida; Zamawi, Bahrudin
Jurnal Kajian Ilmu Hukum Vol. 5 No. 1 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.1663

Abstract

This study aims to analyze the scope and implementation of the authority of the Religious Court in resolving Islamic economic disputes following the enactment of Law No. 3 of 2006. The research focuses on a case study at the Sumenep Religious Court, which has jurisdiction over disputes involving Islamic financial institutions, including Islamic banking, Islamic financing, and Islamic insurance. This study employs a qualitative socio-legal research method that integrates normative legal analysis with empirical data. Data were collected through in-depth interviews with judges and court officials, direct observation of court proceedings, and examination of relevant legal documents and court decisions.The findings indicate that the Religious Court possesses absolute authority to examine, adjudicate, and resolve Islamic economic disputes as stipulated in Article 49 of Law No. 3 of 2006. The implementation of this authority at the Sumenep Religious Court has been concretely realized through several court decisions addressing disputes between Islamic financial institutions and their customers. These decisions demonstrate the court’s increasing role and capacity in handling complex Islamic economic cases in accordance with sharia principles and national law. The originality of this research lies in its empirical focus on the practical application of the Religious Court’s authority at the regional level, providing new insights into how statutory mandates are operationalized in resolving Islamic economic disputes.
Mens Rea and Juvenile Criminal Liability in Infanticide Cases: A Comparative Analysis of Indonesian Criminal Law and Fiqh Jinayat Wibowo, Bagus; Khowarizmi, Muhammad; Maulana, Hizri; Badi, Ahmad
Jurnal Kajian Ilmu Hukum Vol. 5 No. 1 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.1687

Abstract

This study examines the role of mens rea as the core determinant of criminal responsibility in Indonesian criminal law through an analysis of Decision No. 3/Pid.Sus-Anak/2019/PN Gpr concerning juvenile infanticide. Although mens rea is not explicitly formulated in the Indonesian Penal Code (KUHP), Indonesian courts continue to rely on fault-based liability grounded in the principle of geen straf zonder schuld. Employing a qualitative doctrinal and socio-legal approach, this research analyzes judicial reasoning, doctrinal interpretations, and medical evidence to assess how intent, negligence, and causality are constructed in cases involving vulnerable offenders.The findings demonstrate that the court rejected a consequence-based model of liability by prioritizing the defendant’s subjective mental condition, age, and situational context. The judgment reflects a dualistic doctrinal framework that separates the existence of a criminal act from the attribution of criminal responsibility and applies the doctrine of adequate causation to exclude liability where death is predominantly caused by medical factors. Comparative analysis with English, German, and Islamic criminal law further confirms the convergence toward fault-based liability and the rejection of strict liability in juvenile justice. This study contributes to global debates on juvenile criminal responsibility by offering a doctrinally grounded and child-centered model of criminal attribution that emphasizes proportionality, moral blameworthiness, and substantive justice.
DOMAIN .go.id AS A VITAL DIGITAL OBJECT: ANALYSIS OF THE ENHANCEMENT OF CRIMINAL SANCTIONS IN THE ITE LAW Abdurrahman, Abdurrahman
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.1692

Abstract

This study aims to analyze the position of the .go.id domain as a Vital Digital Object from a national legal perspective and examine the provisions of enhanced criminal sanctions for cybercrimes that attack the .go.id domain based on the Electronic Information and Transactions Law (UU ITE). The .go.id domain not only functions as the technical identity of government websites, but also has a strategic role in government administration, public services, and the realization of the country's digital sovereignty. This study uses a normative legal research method with a statute approach and a conceptual approach. The analysis was carried out on relevant laws and regulations, legal doctrines, and the concept of national vital objects and digital infrastructure protection in the Indonesian legal system. The results of the study indicate that as the country's dependence on digital systems increases, the concept of national vital objects has expanded to include non-physical assets in the form of electronic systems and strategic digital infrastructure. The .go.id domain can be qualified as a Vital Digital Object because of its direct relationship with the government administration sector and information and communication technology, as regulated in Presidential Regulation Number 82 of 2022 concerning the Protection of Vital Information Infrastructure. The provisions on increased criminal sanctions for cyber attacks on the .go.id domain in the ITE Law serve as a preventive and repressive legal instrument that strengthens the protection of government electronic systems while safeguarding the country's digital sovereignty.
Legal Certainty in the Transformation of Land Sale Agreements into Debt Relationships Uli Sembiring, Depi Shinta; Nubatonis, Orpa Juliana; Kase, Dhesy A.
Jurnal Kajian Ilmu Hukum Vol. 5 No. 1 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.1851

Abstract

This study examines the legal implications of transforming a land sale and purchase agreement into a debt relationship through a court-ratified settlement deed, viewed from the perspective of legal certainty. The purpose of this research is to analyze the legal validity of such transformation, assess the extent to which legal certainty is upheld, and evaluate the protection afforded to the parties, particularly the seller and their heirs. This research employs a normative legal research method using statutory, case, and conceptual approaches. Primary and secondary legal materials were analyzed descriptively and analytically by applying the theory of legal certainty proposed by Satjipto Rahardjo and the theory of justice developed by John Rawls. The findings indicate that the transformation of the land sale agreement into a debt agreement through a settlement deed lacks substantive validity, as it does not fulfill the legal requirements of novation under Article 1413 of the Indonesian Civil Code. Although the settlement deed provides formal legal certainty through judicial endorsement, it fails to ensure substantive legal certainty and equitable legal protection, resulting in prolonged legal disputes and legal ambiguity for the parties involved. The originality of this research lies in its critical examination of court-sanctioned settlement deeds that alter the substance of authentic land sale agreements without prior annulment, highlighting the tension between formal legal certainty and substantive justice in Indonesian contract law.
THE VALIDITY OF ONLINE MARRIAGE FROM A MAQASID SYARIAH PERSPECTIVE: JASSER AUDA'S SYSTEMIC APPROACH Iqbal, Rachman; Akbarizan, Akbarizan
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.1904

Abstract

This study reveals the legality of online marriages, which are currently an alternative solution when the prospective bride and groom cannot meet in person. Technological advances in this digital era have become inevitable, thus becoming a topic of discussion in Islamic law. Online marriages are conducted via video calls, whether through Google Meet, Zoom, WhatsApp, or other applications, thus providing convenience for both parties who are separated by distance and location. This study uses a philosophical approach using the theory of maqashid sharia developed by Jasser Audha. The conclusion of this study is that, according to the perspective of maqashid sharia developed by Jasser Audha, the validity and permissibility of online marriages are a form of openness in Islamic law using a multidimensional method in addressing issues arising from global digitalization, referring to the six approaches in maqashid sharia. Thus, the permissibility of online marriages is in line with the achievement of the values of the features developed by maqashid sharia Jasser Audha.
LEGAL ANALYSIS OF CONSTITUTIONAL COURT DECISION NUMBER 90/PUU-XXI/2023 AS A FORM OF EXPANSION OF POSITIVE LEGISLATOR AUTHORITY FROM THE PERSPECTIVE OF LEGAL JUSTICE Chaidir, Ellydar; Fudika, Moza Dela; Seruni, Puti Mayang
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.1982

Abstract

The Constitutional Court Decision No. 90/PUU-XXI/2023 concerning the age requirement for presidential and vice-presidential candidates has generated extensive constitutional debate in Indonesia. As the guardian of the 1945 Constitution, the Constitutional Court is expected to uphold legal certainty and constitutional consistency. However, this decision introduces a new interpretation by adding normative meaning to Article 169 letter q of Law No. 7 of 2017 on General Elections, raising questions regarding the limits of judicial authority. This article aims to analyze the ratio decidendi of Decision No. 90/PUU-XXI/2023 within the framework of open legal policy and to examine the extent to which the Constitutional Court has exercised its authority in adding legal norms. This study employs normative juridical research using statutory and conceptual approaches, supported by primary, secondary, and tertiary legal materials. The findings indicate that the decision reflects a shift in the Constitutional Court’s role toward norm creation, which deviates from its function as a negative legislator and undermines legal certainty and the principle of justice.
Legal Certainty of Land Registration as a Form of Protection of Citizens' Constitutional Rights Firmanto, Fakhry; Sutrisno, Hafiz
Jurnal Kajian Ilmu Hukum Vol. 5 No. 1 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i1.1661

Abstract

This study examines the implementation of land registration services as a mechanism for protecting constitutional rights to legal certainty, focusing on the practice of the National Land Agency (BPN) of Kampar Regency under Government Regulation Number 18 of 2021. Using an empirical juridical approach, this research combines primary data obtained from interviews with BPN officials and land registration applicants with secondary data derived from statutory regulations, legal doctrines, and official documents. The findings reveal that, although land registration has formally functioned as an instrument of legal protection through the issuance of land certificates, its effectiveness in realizing constitutional legal certainty remains limited. Normative constraints arise from regulatory disharmony between the Basic Agrarian Law and Government Regulation Number 18 of 2021, while empirical obstacles include low public legal awareness, limited institutional capacity, and delays in land measurement procedures. These conditions indicate a gap between the normative objectives of land registration reform and its practical implementation at the local level. This study argues that the protection of constitutional rights in land administration cannot be achieved solely through regulatory reform, but requires regulatory harmonization, institutional strengthening, and sustained legal education to ensure the consistent application of legal certainty and substantive justice.

Page 6 of 7 | Total Record : 62

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