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INDONESIA
Jurnal Kajian Hukum Dan Kebijakan Publik
Published by CV ITTC Indonesia
ISSN : -     EISSN : 30318882     DOI : https://doi.org/10.47233/jkhkp
Core Subject : Education, Social,
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Kajian Hukum Dan Kebijakan Publik (JKHKP)(E-ISSN : 3031-8882 ) merupakan jurnal ilmiah yang diterbitkan oleh CV.ITTC INDONESIA. Jurnal ini berfokus kepada kajian Ilmu Hukum dan Kebijakan Publik. Jurnal ini berbahasa Indonesia dan sifatnya terbuka. Semua makalah yang diterbitkan secara online oleh JKHKP terbuka untuk pembaca dan siapapun dapat mendownload atau membaca jurnal tanpa melanggan maupun membayar. JKHKP diterbitkan Dua Kali dalam Setahun; yaitu pada bulan Januari-Juni dan Juli-Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 368 Documents
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Keadilan Substantif Dalam Perkara Cybercrime: Studi Perbandingan Putusan Baiq Nuril (Indonesia) Dan United States V. Aleynikov (As) Muhammad Rizky Syafrizal; Frayoga Agustian; Habib Nurhammad; Riandra mahanugrah; Tegar Septian Gumilang; Asep Suherman
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/j0s30876

Abstract

This study aims to analyze the application of substantive justice in cybercrime cases through a comparative study of the Supreme Court Decision of the Republic of Indonesia No. 574 K/Pid.Sus/2018 in the Baiq Nuril case and the United States v. Aleynikov case (No. 12-2075, 2nd Cir. 2012). This research employs a normative legal method with statutory, case, conceptual, and comparative approaches. The findings indicate that in the Baiq Nuril case, the court emphasized a formal-legalistic approach, which did not fully reflect substantive justice. In contrast, in United States v. Aleynikov, the court strictly applied the principle of legality, prioritizing legal certainty over substantive justice considerations. The differences between the civil law system in Indonesia and the common law system in the United States influence judicial reasoning in cybercrime adjudication. This study concludes that a balance between legal certainty and substantive justice is required in cybercrime enforcement to ensure a responsive legal system in the digital era.
Perlindungan Hukum terhadap Konsumen atas Ketidaksesuaian Barang dalam Transaksi E-Commerce di Indonesia Adelia Zulfeni; Zakkia Laeha Zalma; Holijah .
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/d5g81m80

Abstract

The development of information technology has brought significant changes in various aspects of life, particularly in the field of trade through electronic systems or e-commerce. Online buying and selling transactions provide convenience for the public as they can be carried out practically without limitations of space and time. However, these conveniences are also accompanied by various problems that may cause losses to consumers, such as discrepancies between goods and their descriptions, poor product quality, delays in delivery, or even failure to  deliver goods after payment has been made. This study aims to analyze legal protection for consumers in online buying and selling transactions as well as the responsibility of business actors for losses experienced by consumers. The method used in this study is normative legal research with a statutory and conceptual approach. The results of the study indicate that consumer protection has been regulated in Law Number 8 of 1999 and Law Number 11 of 2008, but in practice, it still faces various obstacles. Therefore, increased supervision and public legal awareness are needed to ensure better consumer protection.
Efektivitas Penerapan Sanksi Hukum Terhadap Pelaku Tindak Pidana Pencabulan Anak Dibawah Umur ( Studi Kasus Perkara Nomor 90/Pid.Sus/2024/Pn.Kbr) Putri, Donna Wijaya; Wahyuni, Sry
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/sbbwrp43

Abstract

Children are a gift from God Almighty as well as a trust that must be protected. Sexual violence against children is a serious crime that causes long-term psychological impacts. Children, as a vulnerable group, require special protection from both society and the state. The effectiveness of the law is measured by the extent to which law enforcement achieves the goal of child protection as stipulated in legislation. The case in focus is the criminal act of sexual abuse of a minor committed by Rangga Hadi Saputra in case Number 90/Pid.Sus/2024/PN Kbr. The public prosecutor demanded seven years of imprisonment, but the judge sentenced the defendant to five years in prison and a fine of IDR 10 million. The defendant’s actions violated Article 76D in conjunction with Article 81 paragraph (2) of Law No. 35 of 2014 on Child Protection (amendment to Law No. 23 of 2002) as amended by Law No. 17 of 2016. The formulated research problems are as follows, How effective is the application of legal sanctions against perpetrators of child molestation under the prevailing laws and regulations.What were the judge's considerations in imposing a criminal sentence on the perpetrator in Case Number 90/Pid.Sus/2024/PN Kbr, This research uses the normative juridical method, namely analyzing positive legal provisions and court decisions. Effective law enforcement requires key stages: professional and victim-sensitive investigation, a judicial process that ensures punishment proportional to the crime, and the execution of the sentence that provides a deterrent effect. Light sentences can reduce public trust in the legal system. In this decision, the judge considered the fulfillment of the elements of the criminal act in accordance with Article 76D in conjunction with Article 81 paragraph (2) of the Child Protection Law. Mitigating factors included the defendant’s cooperative attitude and confession of the crime. However, the author considers the five-year prison sentence insufficient to provide a maximum deterrent effect, given that the statutory penalty in the article is higher. Historically, the effectiveness of legal sanctions for child sexual abuse in Indonesia has developed alongside regulatory changes. The old Criminal Code was deemed ineffective due to light sanctions and narrow definitions. Law No. 39 of 1999 on Human Rights provided a philosophical basis for child protection. Law No. 23 of 2002, later amended by Law No. 35 of 2014, increased penalties and adopted a victim-centered approach. This development continued with the enactment of the Sexual Violence Crimes Law (Law on TPKS) in 2022 and the New Criminal Code in 2023. Although the normative framework has become more progressive, the effectiveness of child protection remains influenced by its implementation in practice. Strengthening the capacity of law enforcement officers and ensuring consistent application of sanctions are key to reducing the incidence of sexual violence against children.
Penerapan Verzet terhadap Putusan Verstek dalam Praktik Peradilan Perdata Agathea Manik, Maria Hera; Amelia, Andita; Simarmata, Anggi Sri Haryati
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/3x9jns20

Abstract

This study examines the legal framework and implementation of verzet as a legal remedy against verstek decisions in civil procedural law. The main issues addressed are the regulation of verzet, its procedural mechanism, and its legal consequences in judicial practice. The research aims to analyze the application of verzet and evaluate its effectiveness in ensuring fairness and legal certainty. This research uses a normative juridical method with statute and conceptual approaches, relying on secondary data obtained through library research, including legal literature, legislation, and court decisions. The results indicate that verzet serves as an essential legal instrument to protect the rights of defendants who were absent during trial. However, its implementation still faces several challenges, such as lack of legal awareness, improper summons procedures, short filing deadlines, and inconsistent judicial interpretations. These issues affect legal certainty, justice, and judicial efficiency. Therefore, improvements are needed through better public legal education, proper procedural enforcement, and consistent judicial application to optimize the function of verzet in civil justice.  
Pertimbangan Hakim Dalam Perceraian Agama Kristen Di Pengadilan Negeri Padang Kelas 1a  (Studi Kasus No 110/Pdt.G/2024/Pn Pdg) Andrianto, Yulius Rico; Fauzi, Engrina
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/4nqek774

Abstract

Divorce in Christian teachings is fundamentally discouraged as it is considered contrary to Biblical principles, particularly in Matthew 19:5–6, which states that marriage is a sacred union that must not be separated by humans. This study aims to analyze the considerations of judges at the Padang District Court in granting a divorce lawsuit involving a Christian couple in Case Number 110/Pdt.G/2024/PN Pdg, as well as to examine its conformity with Protestant church doctrine. The research method used is normative juridical with a statutory and case study approach. The results indicate that the judges granted the divorce based on Law Number 16 of 2019, considering factors such as ongoing disputes, neglect of the husband’s obligations, physical violence, and prolonged separation as regulated in Article 39 of the Marriage Law in conjunction with Article 19 of Government Regulation Number 9 of 1975. However, the decision is not in line with Protestant church teachings, which only recognize divorce in the event of death. This creates a dualism of law, where the couple is legally divorced under state law but remains bound according to church doctrine. The study concludes that there is a fundamental difference between state law and church doctrine in viewing divorce. Therefore, it is necessary to enhance understanding of the sanctity of marriage in Christian teachings, strengthen the role of church counseling and mediation, and encourage cooperation between the courts and the church in handling divorce cases to minimize the negative impacts arising from this discrepancy.
Implikasi Hukum Alasan Efisiensi Pekerja: Studi Kasus PHK PT Fast Food Indonesia Tahun 2025 Cecille Hutapea , Junika Gabriella; Lie , Gunardie
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/mrv28249

Abstract

Termination of Employment (PHK) for efficiency reasons is a highly relevant topic in labor law discussions, especially following the enactment of the Job Creation Law (Law No. 11 of 2020). Efficiency-based PHK is often linked to companies’ efforts to adjust their operations in response to economic challenges, such as reduced purchasing power following the COVID-19 pandemic. However, practices of unilateral PHK, lacking sufficient evidence and not adhering to the prescribed legal procedures, raise serious concerns about the legitimacy and fairness of such policies. This research aims to examine the application of the efficiency principle in PHK at PT Fast Food Indonesia (KFC Indonesia) and compare the legal guarantees of workers’ rights before and after the enactment of the Job Creation Law. The research methodology used is a normative approach, analyzing relevant legal provisions and comparing them with industrial relations practices in the field. The findings reveal that although efficiency is recognized by law as a valid reason for PHK, its application is often not accompanied by sufficient objective evidence or the mandatory bipartite procedures. This creates an imbalance between the interests of the company and the protection of workers' rights. Furthermore, the implementation of the Job Creation Law provides greater flexibility for employers to carry out PHK, yet it reduces certainty in the protection of workers affected by such decisions
Analisis Pertanggungjawaban Pidana dan Perdata Penyelenggara Sistem Elektronik Terhadap Kebocoran Data Pengguna kholis, Riadhi; Saputra, Restu Bagus; Mahayuda, Rizqy; Dwipayana, Dimas Pramodya
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/g4kh2m82

Abstract

The digital era has brought with it the high rate of information exchange through Electronic System Providers (ESPs). Despite this convenience, however, there is a serious threat of user personal data leaks. This article examines the forms of legal liability, both criminal and civil, that can be imposed on ESPs when they fail to protect user data. Using normative juridical research methods, this study finds that under civil law, injured users can file a lawsuit for damages based on an Unlawful Act (PMH). Criminally, with the enactment of Law Number 27 of 2022 concerning Personal Data Protection (UU PDP), ESPs can be subject not only to administrative sanctions but also to criminal sanctions targeting corporations and their managers if there is evidence of intent or gross negligence.
Pertanggungjawaban Pidana Korporasi dalam Kejahatan Lingkungan Industri Ekstraktif di Indonesia: Antara Norma dan Implementasi dalam Perspektif Green Criminology Dwinanda, Dela Putri
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/j9z5fp81

Abstract

The development of the extractive industry in Indonesia has contributed significantly to national economic growth, but has also caused serious impacts in the form of environmental damage and pollution. This study aims to analyze the regulation and application of corporate criminal liability for environmental crimes in the extractive industry sector, emphasizing the gap between legal norms and their implementation from a Green Criminology perspective. The research method used is normative legal research with a statutory and conceptual approach, through a literature study of primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that normatively, corporate criminal liability has been comprehensively regulated in Law Number 32 of 2009 and strengthened in the 2023 Criminal Code. However, in law enforcement practice, there are still significant gaps, particularly in proving the elements of fault and the tendency for law enforcement to focus more on individual perpetrators than on corporations. The case study of nickel mining on Wawonii Island concretely demonstrates the discrepancy between legal norms and implementation in the field, which has resulted in environmental damage and social conflict. From a Green Criminology perspective, this condition reflects ecological losses and environmental injustice due to the dominance of economic interests. Therefore, firm and effective law enforcement is needed to ensure environmental protection.
Perbandingan Hukum Pidana Konvensional dan Hukum Pidana Digital dalam Mengatur Kejahatan Berbasis Kecerdasan Buatan di Indonesia Saputra, Muhamad Reyhan Saputra; Rofiq, Muhammad; Putra, Habib Dwi; Cholif, Rusma Renal; Suherman, Asep
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/fhnqvz37

Abstract

The rapid development of Artificial Intelligence (AI) technology has serious implications for the legal order, particularly criminal law. Crimes involving AI systems whether as tools, subjects, or autonomous actors pose new challenges that cannot be adequately addressed by conventional criminal law. This study aims to analyze the comparison between conventional criminal law and digital criminal law in regulating AI-based crimes in Indonesia. The research method used is normative juridical with comparative and conceptual approaches. The results show that conventional criminal law has fundamental limitations in terms of legal subjects, causality, and criminal liability when dealing with AI systems. Digital criminal law as represented by the Electronic Information and Transactions Law (UU ITE) has also not comprehensively accommodated AI-based crimes. Indonesia needs special regulations (lex specialis) that place artificial intelligence as a separate object of regulation within the national criminal law system.
Distorsi Checks and Balances Dalam Penggunaan Hak Angket DPR Terhadap KPK: Kajian Yuridis Normatif atas Kesenjangan Das Sollen dan Das Sein Rahmawati, Karunia; Kurniawan, Muhammad Jefri
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/hdsajx15

Abstract

This paper critically examines the legislative oversight mechanism through the Indonesian House of Representatives' (DPR) inquiry rights (hak angket) in relation to the principle of checks and balances in Indonesian constitutional law. The study focuses on the 2017 Special Committee (Pansus) inquiry against the Corruption Eradication Commission (KPK), which triggered a sharp constitutional interpretation divide. Using a normative juridical approach through statutory, conceptual, and case study analyses, this paper identifies a substantial gap between the ideal construction (das sollen) and actual practice (das sein) of the principle. The Constitutional Court Decision No. 36/PUU-XV/2017 classifying KPK within the executive branch opened pathways for politicization of an integrity enforcement institution. The inquiry process reflected political pressure rather than constructive policy evaluation, ultimately contributing to the systematic weakening of KPK through the 2019 KPK Law Revision. This study argues for normative restoration to reposition KPK as a genuinely independent state auxiliary organ, free from political power intervention.

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