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INDONESIA
Decisio: Jurnal Ilmiah Hukum
Published by IBLAM School of Law
ISSN : -     EISSN : 30470013     DOI : https://doi.org/10.52249
Decisio: Jurnal Ilmiah Hukum, published by STIH IBLAM, is an open-access scientific journal in the field of law for academics, legal practitioners, and students. The journal focuses on contemporary legal issues and the enforcement of justice. Its scope covers Criminal Law and Criminology, Civil and Business Law, as well as Constitutional Law and Administrative Law. The journal publishes scholarly articles, research papers, case studies, and legal studies related to various developments in legal science.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
Urgensi Pengaturan Kaderisasi Partai Politik pada Undang-Undang Nomor 2 Tahun 2011 dalam Sistem Hukum Nasional Sandroin Labada; Agnes Fitiyantica
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.54

Abstract

This study aims to analyze the regulation of political party cadreization under Law Number 2 of 2011 concerning Political Parties and to examine the urgency of strengthening such regulation within the framework of the national legal system in Indonesia. This research employs a normative juridical method using statutory and conceptual approaches. The data used consist of primary legal materials in the form of legislation and secondary materials such as books and scholarly journals. The findings indicate that the regulation of political party cadreization remains general and does not provide clear normative standards regarding cadreization systems, evaluation mechanisms, or the implementation of merit-based political recruitment. This condition potentially encourages pragmatic and elitist recruitment practices within political parties. Therefore, strengthening cadreization regulation through standardized political education, meritocratic systems, and transparent supervision mechanisms is necessary to support democratic consolidation and the development of the national legal system.
Implikasi Hukum Pemisahan Pemilu Nasional dan Pilkada dalam Sistem Ketatanegaraan Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024 Rana Syndri Dynanti; Punta Yoga Astoni
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.55

Abstract

Constitutional Court Decision Number 135/PUU-XXII/2024 transformed the constitutional design by separating National and Local Elections to prevent systemic dysfunctions observed in previous simultaneous cycles. While this separation aims to enhance meaningful voting and local checks and balances, the recommended gap of two to two-and-a-half years introduces new sociopolitical risks. This study analyzes the implications of such separation based on the principles of democracy, government effectiveness, and legal certainty through normative legal research. The analysis reveals that the proposed timeframe is sub-ideal as it disrupts the proportionality of local elite circulation and triggers bureaucratic fragmentation due to the prolonged appointment of acting regional heads. Furthermore, the open legal policy regarding election scheduling remains vulnerable to partisan interests if not properly regulated. Therefore, this study recommends limiting the election gap to a maximum of one year to ensure stability in leadership transitions. Legal certainty must be strengthened by enacting regulations well in advance of the election year and ensuring fulfillment of meaningful participation standards. Such measures are crucial to guarantee that the open legal policy remains grounded in the substance of popular sovereignty and aligns with national development agendas.
Penerapan Hukum Partisipasi Publik dalam Keberkelanjutan Pembentukan Undang-Undang Periode 2019-2024 Chelvin Rachello; Fakhris Lutfianto Hapsoro
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.56

Abstract

This study examines public participation in the implementation of the carry over mechanism in Indonesia’s legislative process during the 2019–2024 period. The sustainability mechanism aims to ensure continuity and efficiency by allowing unfinished bills to be continued across parliamentary terms. Using a normative juridical approach, this research analyzes statutory regulations, Constitutional Court decisions, and legal literature. The findings indicate that although sustanaibility supports legislative continuity, its implementation has been ineffective due to frequent changes in the National Legislation Program and political dynamics within the legislature. Moreover, public participation in sustainability legislation remains largely procedural and fails to meet the standards of meaning participation as mandated by law and Constitutional Court jurisprudence.  
Kewenangan Pengadilan Negeri dalam Menetapkan Ketidakhadiran (Afwezigheid) Pemegang Saham Perusahaan Terbuka (Analisis Penetapan Nomor 110/Pdt.P/2025/Pn.Jkt.Pst.) Gigih Primandiansah; Hendrawarman Hendrawarman
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.57

Abstract

The petition for absence (afwezigheid) in corporate law practice in Indonesia has become an important instrument in resolving obstacles arising from the inactivity of public shareholders in the go-private process. This article analyzes the Central Jakarta District Court's Decision Number 110/Pdt.P/2025/PN.Jkt.Pst. regarding the petition for absence (afwezigheid) filed by PT Onix Capital Tbk. due to the absence of PT Onix Capital Tbk's public shareholders. The study uses a normative juridical method on a court ruling. The results of the study indicate that the court has the authority to provide legal legitimacy for corporations to continue the process from a public company to a private company (going private), by considering evidence of efforts to summon absent public shareholders. This ruling also strengthens the function and authority of the court in ensuring legal certainty while raising new challenges regarding legal protection for minority investors. Based on legal considerations in Decision Number 110/Pdt.P/2025/PN.Jkt.Pst, the Central Jakarta District Court deemed that the application for a determination of absence (afwezigheid) submitted by PT Onix Capital Tbk was a voluntary application within the court's authority and aimed at obtaining legal certainty. The absence of 401 public shareholders was deemed to have fulfilled the elements of afwezigheid as referred to in Article 463 of the Civil Code.
Analisis Yuridis terhadap Tindak Pidana Peredaran Sediaan Farmasi yang Tidak Memenuhi Standar Keamanan, Khasiat, Kemanfaatan dan Mutu (Studi Putusan Pengadilan Negeri Serang Nomor 551/Pid.Suss/2025/PN Srg) Ria Natalia; Ratih Kemala
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.58

Abstract

The circulation of pharmaceutical preparations that do not meet standards of safety, efficacy, usefulness, and quality constitutes a serious problem in the health law system because it may endanger public safety. This study aims to analyze the legal regulation of pharmaceutical preparations circulation in the Indonesian health law system and the application of such legal provisions in the a quo case, namely Serang District Court Decision Number 551/Pid.Sus/2025/PN Srg. This research uses a normative legal research method with statutory and case approaches. The results show that the regulation of pharmaceutical preparations has been clearly stipulated in Law Number 17 of 2023 concerning Health, particularly regarding the obligation to fulfill standards of safety, efficacy, usefulness, and quality, as well as the prohibition on distributing medicines without legal authority. In the a quo case, the defendant was legally and convincingly proven to have possessed and distributed hard drugs, namely Tramadol and Hexymer, without authorization and without pharmaceutical competence, thereby fulfilling the elements of a criminal offense as regulated under Article 435 paragraph (2) of Law Number 17 of 2023 concerning Health. The court’s decision imposing a prison sentence of 1 year and 9 months is considered consistent with the provisions of health law because it takes into account the fulfillment of the criminal elements, trial facts, and the principle of proportionality in sentencing. This study recommends strengthening the supervision of hard drug distribution by the government and the Indonesian Food and Drug Authority, as well as ensuring consistent law enforcement against perpetrators of illegal pharmaceutical preparations circulation.
Tinjauan Yuridis terhadap Kejahatan Perdagangan Organ Tubuh Manusia: Perspektif Hukum Pidana Nasional dan Hukum Pidana Internasional Suhandi Suhandi; Andri Sutrisno
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.63

Abstract

This research aims to examine how national and international criminal laws regulate the crime of human organ trafficking, as well as assess the effectiveness of the application of these laws in the context of crime prevention and eradication. This research uses a normative juridical approach, with library research as a technique for collecting legal materials and analyzed descriptively-qualitatively, namely by describing and interpreting the contents of legal materials that have been collected and then arranged systematically. From this research the author produces the following conclusions: First, that the legal regulation on human organ trafficking in Indonesia is still partial, scattered in various laws and has not focused on the specific aspects of this crime. National criminal law needs to respond to this crime comprehensively. The international level has provided important instruments such as the Palermo Protocol and the Council of Europe Convention, but their implementation at the national level is still limited. Harmonization between national and international law needs to be improved. Secondly, the effectiveness of law implementation in preventing and eradicating the crime of human organ trafficking is still low, characterized by weak law enforcement, lack of protection for victims, and obstacles to cross-border cooperation.
Restorative Justice Peredaran Rokok Ilegal Dampaknya terhadap Penerimaan Cukai Negara Indonesia M Ichwan Labib; Ardiansyah Ardiansyah
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.64

Abstract

Illegal cigarette circulation is a serious threat to Indonesia's excise tax revenue, which contributes more than 90% of total national excise income. This study uses a normative juridical approach to examine two interconnected issues: first, the implementation of law enforcement against illegal cigarette distribution based on restorative justice principles; and second, optimization efforts to mitigate the potential excise revenue losses caused by illegal cigarette circulation. The study finds that restorative justice cannot be fully applied in illegal cigarette cases because the offense inherently involves state financial loss, a condition incompatible with the prerequisites of restorative proceedings. Administratively, however, fines remain applicable under Article 14 of Law Number 39 of 2007 on Excise. On the optimization side, the government must pursue a multi-pronged strategy encompassing proportional tariff reform, strengthened law enforcement capacity by the Directorate General of Customs and Excise (DJBC), inter-agency coordination, adoption of Track and Trace technology and artificial intelligence, and active community participation through public education and whistleblower incentive programs