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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 390 Documents
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Peran Advokat dalam Pendampingan Kasus Pro Bono: Studi di Kantor Advokat Drs. Victor Asian Sinaga, S.H. Tolib Effendi; Ricky Leandro Putra Pramudika; Yudistira Kusuma Wardhana
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/jkhkp.v3i2.1895

Abstract

This research aims to analyze the role of advocates in assisting pro bono cases  in the Office of Advocate Drs. Victor Asian Sinaga, S.H. The background of this research is based on the importance of access to justice for underprivileged communities who often face limitations in obtaining legal services. In the Indonesian legal system, the obligation of advocates to provide free legal aid has been regulated in Law Number 18 of 2003 concerning Advocates and strengthened through Law Number 16 of 2011 concerning Legal Aid. The research method used is qualitative research with a descriptive approach, through observation during internship activities and analysis of legal assistance practices carried out by advocates in handling pro bono cases. The results of the study show that advocates have an important role in providing legal assistance to underprivileged clients, which includes providing legal consultation, drafting legal documents, and assisting in the trial process. However, in its implementation, there are still several obstacles, such as limited time, resources, and low public understanding of the right to legal aid. Therefore, it is necessary to strengthen the role of advocates and support from various parties to increase the effectiveness of the implementation of pro bono legal aid  in realizing access to justice for all people.
Peran Korban dalam Tindak Pidana Penipuan Transaksi Elektronik: Perspektif Cyber Victimology Maria Hera Agathea Manik; Andita Amelia; Akilah Putri Ibrahim; Muhammad Arsya Zaky; Fathia Aisya Zahra
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/jkhkp.v3i2.1901

Abstract

The rapid growth of electronic transactions in Indonesia has driven a significant rise in digital fraud crimes employing social engineering methods that systematically exploit the psychological state of victims. As illustrated in the case of a victim identified by the initials AF, the perpetrator utilized emotional manipulation, false identity, and early-morning time pressure to undermine the victim’s critical thinking capacity, ultimately resulting in financial loss through a QRIS transfer. Existing legal scholarship has thus far failed to adequately explain the dynamics of the victim’s role in the cyber victimization process, as it remains dominated by a normative approach that positions the victim as a passive party. The purpose of this study is to analyze the role of victims in electronic transaction fraud through the lens of cyber victimology, as well as to examine the extent to which Indonesia’s criminal law framework accommodates the psychological and behavioral dimensions of victims. This study employs a normative juridical methodology with conceptual and case-based approaches, supported by empirical interview data from victims, analyzed in a descriptive-analytical manner by integrating Routine Activity Theory, Lifestyle-Exposure Theory, and the concept of victim precipitation as adapted to the context of cybercrime. The findings indicate that victims of electronic transaction fraud are not entirely passive; rather, they play an indirect role shaped by emotional conditions, limited time for verification, and systematic psychological exploitation by the perpetrator, which can be subsumed under Article 492 of the Criminal Code and Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the Electronic Information and Transactions Law (UU ITE). This study contributes to filling the conceptual gap between criminal law scholarship and cyber victimology in Indonesia, while also recommending the strengthening of victim protection mechanisms that consider psychological vulnerability as a relevant factor in cybercrime prevention policy.
Kedudukan Bukti Audit Kerugian Keuangan Negara dalam Penetapan Tersangka Tindak Pidana Korupsi M. Agam Ramadansyah Irawan
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/jkhkp.v3i2.1956

Abstract

Audit reports on the calculation of state financial losses still do not have a definite position within the evidentiary system of Indonesian procedural law. Although the elucidation of Article 238 paragraph (2) of the Criminal Procedure Code (KUHAP) recognizes financial auditors as experts, this provision has not fully provided legal certainty. Uncertainty remains regarding what is recognized by KUHAP as evidence, namely whether the audit report itself or the auditor’s testimony presented in court as an expert witness. This issue also has implications for whether the designation of a suspect in a corruption case must be supported by an audit report on state financial losses. This study employs a normative legal research method with a statutory approach. The findings indicate that, in order to achieve legal certainty, audit reports on state financial losses should be categorized as documentary evidence. This is because such reports are written documents that explain a particular matter based on the expertise of an auditor. The element of causing losses to state finances cannot be proven without an audit report on state financial losses. Designating a suspect without evidence in the form of an audit report on state financial losses may undermine the principle of due process of law, as a person is accused of causing losses to state finances while the act resulting in such losses has not yet been proven.
Kesadaran Masyarakat terhadap Larangan Melawan Arah dan Faktor Penyebab Pengendara Lawan Arah: Studi Hukum pada Pengendara di Depan Universitas Pancasila Farel Aliifa Rasya; Yatna Firdaus Hidayat; Rachmawati Syarifudin; Bima Sayyid Haidar; Sandi Ar Rayyansyah
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/jkhkp.v3i2.1958

Abstract

Traffic violations in the form of driving against the designated direction are a common phenomenon on various urban roads, including the area in front of the Faculty of Law, Pancasila University, Lenteng Agung, South Jakarta. This study aims to identify the level of public awareness regarding the prohibition of driving against traffic and to analyze the factors that encourage motorists to commit such violations. The research employed an empirical method with a field-based approach. Primary data were obtained through interviews and direct observations of motorists identified as driving against traffic at the research location, while secondary data were collected from traffic regulations, particularly Law Number 22 of 2009 concerning Road Traffic and Transportation, as well as relevant academic literature. The findings indicate that public legal awareness regarding the prohibition of driving against traffic remains relatively low, even though most respondents are aware of the regulation. The main factors contributing to these violations include the desire to avoid traffic congestion, save travel time, inconsistent law enforcement, and inadequate road infrastructure design. Ironically, such violations are often committed by educated individuals within the university environment, indicating that a higher level of education does not necessarily correlate with legal compliance. This study recommends strengthening periodic law enforcement, increasing traffic awareness education among the academic community, and improving road infrastructure as comprehensive measures to reduce the incidence of traffic violations.
Analisis Yuridis Penerapan Prinsip Transparansi Good Corporate Governance Dalam Laporan Tahunan Berdasarkan Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas (Studi Kasus Pt Indofarma Tbk) Aprilla Laura Utari; Robi Syafwar
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/jkhkp.v3i2.1962

Abstract

This research is motivated by the importance of implementing the principle of transparency in Good Corporate Governance (GCG) as a manifestation of legal certainty and accountability in the management of Limited Liability Companies as regulated under Law Number 40 of 2007 concerning Limited Liability Companies, particularly in the preparation and submission of annual reports. Furthermore, there have been findings of alleged financial statement manipulation at PT Indofarma Tbk, which indicate discrepancies between practice and the applicable legal provisions. This study aims to examine the legal regulation of the principle of transparency in annual reports based on the Company Law and to analyze the conformity of the presentation of PT Indofarma Tbk’s annual reports with the transparency principle of GCG. This research employs a normative juridical method with a statutory approach and a case approach. The research is descriptive-qualitative in nature and utilizes secondary data consisting of primary, secondary, and tertiary legal materials, which are analyzed qualitatively. The results of the study indicate that Articles 66 and 67 of the Company Law clearly regulate the obligation of the Board of Directors to prepare and submit annual reports in a complete and accurate manner, duly signed by all members of the Board of Directors and the Board of Commissioners as a form of legal responsibility. However, in practice, the presentation of PT Indofarma Tbk’s annual reports does not reflect the principle of transparency due to indications of irregularities and inconsistencies in financial information that may potentially harm shareholders and the public. In addition, Article 97 of the Company Law stipulates that the Board of Directors bears full responsibility for the management of the company and is personally liable for any losses incurred by the company if such losses result from fault or negligence in the performance of their duties. In conclusion, although normatively the regulation of the transparency principle under the Company Law provides an adequate legal foundation, its implementation still requires stricter supervision and enforcement of the legal responsibilities of the Board of Directors and the Board of Commissioners to ensure the realization of good corporate governance and the protection of stakeholders.
Analisis Yuridis Terhadap Alat Bukti Digital dalam Kasus Penganiayaan Mario Dandy Early Dewati Putri; Taun Taun
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/jkhkp.v3i2.1970

Abstract

The absence of clear and unified rules governing digital evidence within Indonesia's general criminal procedural framework creates considerable legal ambiguity, particularly when digital materials are used to prove conventional criminal offenses under the Penal Code. This study aims to examine the legal position of digital evidence in Indonesia's criminal proof system and to analyze its application in the Mario Dandy assault case using a normative legal research approach. The findings reveal a fragmented regulatory landscape. KUHAP under Law Number 8 of 1981 does not explicitly recognize digital evidence in Article 184 paragraph (1). This normative gap is addressed by UU ITE under Law Number 11 of 2008, which through Article 5 paragraphs (1) and (2) recognizes electronic information and documents as admissible evidence. Constitutional Court Decision Number 20/PUU-XIV/2016 further established that digital evidence must be lawfully obtained during law enforcement proceedings. This framework was subsequently strengthened by the New Criminal Procedure Code under Law Number 20 of 2025, which formally incorporates electronic evidence as a recognized proof category. In the Mario Dandy assault case, digital evidence consisting of video recordings, CCTV footage, and digital communication records was examined through forensic procedures conforming to SNI ISO/IEC 17025-2017 standards. This evidence satisfied both the formal and substantive requirements under UU ITE and proved decisive in establishing the elements of premeditated aggravated assault under Article 355 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code.
Penyelesaian Sengketa Waris Adat terhadap Tanah Ulayat pada Masyarakat Adat Minangkabau Satrya Aprilliant Eka Wibawa; Maya Sari Cahya Aisya; Muhammad Panji Lesmana Putra
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/jkhkp.v3i2.1977

Abstract

Amid the development of national law and the increasingly strong influence of Islamic culture in Indonesia, the existence of matrilineal customary law continues to hold an important position and cannot be disregarded in maintaining inheritance systems based on ancestral values. In the matrilineal customary inheritance system, women play a central role as recipients and successors of inherited property because lineage is traced through the maternal line. The Minangkabau community, as one of the ethnic groups that adopts a matrilineal system, possesses distinctive characteristics in preserving the continuity of its customs, culture, and clan identity. One of the essential elements within this system is ulayat land, which serves as the primary asset in customary inheritance. In Minangkabau tradition, ulayat land is classified as harta pusaka tinggi (ancestral inherited property) that carries sacred value; therefore, it is not permitted to be sold because its ownership is communal and passed down from generation to generation within the clan. Nevertheless, the implementation of the Minangkabau customary inheritance system is not free from challenges, one of which is disputes over ulayat land involving different clans claiming rights to the ancestral property. To address such issues, appropriate and effective dispute resolution mechanisms are required. Consequently, this issue constitutes the main focus of this study. This research employs a normative juridical method with a statutory approach. Through this method, the study examines and analyzes judicial considerations as well as the legal consequences arising from the court decision under review. The findings indicate a harmonization between the resolution of ulayat land disputes through judicial institutions and the application of the principles of Minangkabau matrilineal customary law.
Etiket Persidangan dan Integritas Advokat: Relevansi Kasus Firdaus Oiwobo dalam Penegakan Hukum yang Bermartabat Moza Hadi Maheswara Kunto Jayamahe
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/jkhkp.v3i2.1997

Abstract

The dignity of law enforcement depends on advocates’ integrity and adherence to courtroom etiquette. This study examines ethical violations in the courtroom through a case study of advocate Firdaus Oiwobo’s conduct and legal record. Employing normative legal analysis and empirical review of documents, media coverage, and bar association decisions, the research evaluates the compatibility of the subject’s behavior with the Indonesian Advocates’ Code of Ethics (KEAI) and indicators of contempt of court. Findings reveal tensions between vigorous client representation and ethical limits: certain public statements and in-court conduct risk undermining the judiciary’s dignity and eroding public trust. The study also assesses bar organizations’ roles in disciplining members, highlighting issues such as multiple bar bodies, digital-era challenges, and inconsistent sanctioning. Policy recommendations include strengthening transparent internal oversight, harmonizing ethical standards across associations, continuous ethics education, and coordination with judicial institutions to clarify contempt boundaries. The results aim to inform policy measures to strengthen advocates’ integrity and uphold the judiciary’s authority in Indonesia.
Peran Kode Etik Kepolisian dalam Mencegah Penyalahgunaan Wewenang Fadhil Citra Darmakusuma; Muhammad Afrizal Habibie; Nauval Athalah Ramadani; Raja Huwaidi Kamil; Baidhowi Baidhowi
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/jkhkp.v3i2.2003

Abstract

The Police Code of Ethics serves as a moral and professional guideline that must be upheld by every police officer in carrying out their duties and authority. This article aims to analyze the role of the Police Code of Ethics in preventing the abuse of authority by law enforcement officers. The research method used is a normative juridical approach by examining laws and regulations, legal doctrines, and relevant literature. The study finds that the Police Code of Ethics functions as an effective internal control instrument in fostering integrity, accountability, and professionalism among police officers. Furthermore, the strict enforcement of ethical sanctions against violations plays an important role in creating a deterrent effect and maintaining public trust. However, there are still challenges in its implementation, such as weak supervision and organizational culture that does not fully support ethical enforcement. Therefore, it is necessary to strengthen the supervisory system, improve the quality of human resources, and enhance institutional commitment to ensure that the Police Code of Ethics functions optimally in preventing the abuse of authority.
Studi Deskriptif Kualitatif Dampak Lingkungan dan Tinjauan Hukum pada Usaha Laundry Koin di Kemendung, Taman, Sidoarjo Winda Angelia Ritanti; Nur Qoilun
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/jkhkp.v3i2.2018

Abstract

This study aims to describe the environmental impacts and legal review of coin laundry businesses in Kemendung, Taman District, Sidoarjo Regency. The method used is a qualitative descriptive approach through observation and literature study. The results show that coin laundry businesses are a technological innovation in the service sector that provide convenience and efficiency for the community in laundry activities. However, this activity generates wastewater containing detergents and other chemicals that have the potential to pollute the environment if not properly managed, as it is generally discharged directly into drainage systems without prior treatment. From an environmental law perspective, wastewater management is regulated under Law No. 32 of 2009 concerning Environmental Protection and Management and Government Regulation No. 22 of 2021, which require every business actor to prevent environmental pollution and comply with wastewater quality standards. Therefore, coin laundry businesses still have a responsibility in managing their wastewater in order to prevent negative impacts on the surrounding environment.

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