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Humaniorum Journal
Published by PT Elaborium Elevasi Indonesia
ISSN : -     EISSN : 2988277X     DOI : https://doi.org/10.37010
Core Subject : Science, Education, Social,
Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science
Humaniorum Journal is an open-access journal published by Elena, published four times a year. Humaniorum Journal is a scientific publication media in the form of conceptual papers and field research related to the study of Law, Humaniora, social science, and development. The Humaniorum Journal is expected to be a medium for academics and researchers to publish scientific work and become a reference source for developing science and knowledge.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 131 Documents
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Penanganan Perkara Penggunaan Senjata Tajam oleh Terdakwa yang Diduga Mengalami Gangguan Jiwa (Analisis Putusan Nomor 160/Pid.Sus/2022/PN Sbs) Latifa, Nisrina Meidi; Cahyo, Cahyo
HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i1.158

Abstract

This study examines the investigation of perpetrators of sharp weapon abuse suspected of having mental disorders, focusing on the role of psychiatric testimony in influencing the judge’s decision in the Sumbawa Besar District Court Decision No. 160/Pid.Sus/2022/PN Sbs. While the abuse of sharp weapons fulfills the criminal elements under Emergency Law No. 12 of 1951, the criminal sanction depends on the defendant's ability to be held responsible, as stated in Article 44 of the Criminal Code and the principle of geen straf zonder schuld (no punishment without guilt). This study uses a normative juridical method with a legislative and case law approach, analyzed descriptively and analytically. The results show that during the investigation, the perpetrator’s psychiatric condition was not considered, and psychiatric examination only became significant during the trial stage. The psychiatrist’s testimony played a crucial role in evaluating the defendant’s responsibility and the application of Article 44 of the Criminal Code by the judge. This study highlights the importance of conducting psychiatric examinations carefully from the investigation stage to ensure substantive justice, the effectiveness of the criminal justice process, and the protection of human rights.
Eksistensi Aturan Pemidanaan Tidak Pidana Internasional pada Konflik Ukraina dan Jalur Gaza Ratnaning, Dewic Sri; Alvianto, Danang
HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i1.160

Abstract

This study critically analyzes the existence of international criminal sanctions in the Ukraine and Gaza Strip conflicts from 2023 to 2025. Using a normative legal approach, this study examines the existence of international criminal sanctions, particularly those stipulated in Principle I (individual criminal responsibility), Principle III (denial of official immunity), and Principle IV (denial of superior orders), codified in Articles 25, 27, and 28 of the Rome Statute. Several obstacles to enforcing criminal sanctions are often hampered by the principle of complementarity (Article 17) and the UN Security Council veto mechanism (Article 27(3) of the UN Charter), making the existence of criminal sanctions through ICC decisions unenforceable. This is evident in the failure to execute the arrest warrant against Putin (March 17, 2023) for the deportation of 19,144 Ukrainian children and four simultaneous warrants against Netanyahu, Gallant, and Hamas leaders (May 20, 2024). Six Russian vetoes against Ukraine (2022 2024) and 46 US vetoes related to Israel Palestine since 1972 paralyze the reference to Article 13(b) then to what extent the existence of criminal rules for crimes imposed on the Ukraine and Gaza Strip conflicts in the period 2023-2025, how can the UN council veto rules affect this existence? So it can be concluded that to what extent the criminal rules in punishing perpetrators of international crimes exist so that they can realize an international criminal system that is not only decorative but can also be implemented effectively as a form of deterrence for perpetrators and a last resort in eliminating the existence of international crimes.
Analisis Yuridis Terhadap Perubahan Status Perjanjian Kerja Waktu Tertentu Menjadi Waktu Tidak Tertentu Berdasarkan Peraturan Syahdan, Syahdan; Permana, Yana Sukma
HUMANIORUM Vol 4 No 1 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i1.161

Abstract

This study aims to analyze the application of the principle of substantive justice in the conversion of Fixed-Term Employment Agreements (PKWT) into Indefinite-Term Employment Agreements (PKWTT) under Indonesian labor law. The issue arises from the misuse of PKWT for permanent and continuous work, which disadvantages workers and creates inequality in industrial relations. This research employs a normative legal method using statutory and conceptual approaches through literature review of legislation, legal doctrines, and relevant court decisions. The findings indicate that the legal framework governing the conversion of PKWT into PKWTT is clearly stipulated in Law No. 13 of 2003 as amended by Law No. 6 of 2023 and Government Regulation No. 35 of 2021. Such conversion functions as an automatic legal protection mechanism when the legal requirements of PKWT are violated. The application of substantive justice in this conversion seeks to ensure job security, protection of workers’ normative rights, and balance between workers’ and employers’ interests. However, its effectiveness is hindered by weak supervision, formalistic legal approaches, and limited legal literacy among workers. Therefore, synergy among the government, employers, and workers is essential through regulatory strengthening, effective supervision, social dialogue, and empowerment of labor unions to achieve fair, harmonious, and sustainable industrial relations
Reformasi Fungsi Legislasi DPR Sebagai Upaya Penguatan Representasi Rakyat Dalam Mewujudkan Prinsip Demokrasi Deliberatif Listianingrum, Linda; Hapsoro, Fakhris Lutfianto
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.153

Abstract

The House of Representatives (DPR) is a state institution with three functions: legislative, budgetary, and oversight, which constitutionally represent the people. However, in practice, these functions are often dominated by the interests of political parties supporting DPR members, resulting in disharmony in the implementation of DPR functions, particularly the legislative function, which frequently generates public controversy. This research employs a normative juridical method using statutory and conceptual approaches. The study examines the influence of political party intervention on legal products formed by the DPR, leading to the weakening of its position as a representative institution of the people. Therefore, constitutional reform of the DPR is necessary to ensure that the legislative function is carried out based on public interests without political party interference. This reform can be pursued by strengthening digital based public participation, adhering to fundamental principles of law making as stipulated in Law No. 13 of 2022 amending Law No. 12 of 2011, improving cadre development and recruitment of legislative camdidates through revisions tho the Election Law, and expanding the authority of the Constituional Court to ensure the legislative process complies with the principles of the rule of law within Indonesia’s contemporary constitutional and democratic governance framework system.
Integrasi Pengaturan Jaminan Pensiun, Pesangon Dan Perlindungan Hak Pekerja dalam Sistem Jaminan Sosial Nasional Yulianta, Dwi; Mulyana, Momon
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.154

Abstract

The protection of workers’ rights at the end of employment in Indonesia is implemented through two main instruments, namely severance pay under labor law and pension security under the National Social Security System. However, the regulation of these two instruments still operates separately, resulting in overlapping functions, legal uncertainty, and protection mechanisms that are not systematically integrated. This study aims to analyze how regulatory reform can be carried out to integrate or harmonize pension security and severance pay without reducing the protection of workers’ rights, as well as to examine the legal, social, and economic implications of such reform for workers, employers, and the government. The research method used is normative legal research with statutory and conceptual approaches, through the analysis of relevant primary and secondary legal materials. The findings indicate that the most appropriate regulatory reform should be conducted through partial integration with a clear division of protective functions, by positioning pension security as the primary instrument for protecting workers against the risk of income loss due to normal retirement, while severance pay remains as transitional compensation for termination of employment before retirement age. Such reform would improve legal certainty and sustainability of protection for workers, restructure employment obligations and labor costs for employers, and require regulatory harmonization and strengthening of the social security system for the government.
Analisis Yuridis Fenomena Ujaran Kebencian Terhadap Etnis Keturunan Arab–Yaman di Indonesia dalam Perspektif Hukum Pidana dan Undang-Undang ITE Pahrepi, Rejja; Fathinnuddin, Muhammad
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.155

Abstract

This study will discuss the phenomenon of racial and ethnic hate speech against people of Arab–Yemeni descent, in this case the Habib from the Bani Alawi or Ba’alawi family group. With the growing use of social media as a public space, criminal acts such as defamation, hate speech, fake news, slander, and acts of racial and ethnic discrimination have the potential to generate broader social implications within society. There is concern that this phenomenon will lead to the separation of groups in society based on ethnic, religious, and racial diversity. The purpose of this study is to analyze the legal basis and how the Criminal Law and Law No. 1 of 2024 concerning Electronic Information and Transactions are applied to the phenomenon of racial and ethnic hate speech. The phenomenon of hate speech against people of Arab–Yemeni or Habib descent is also related to human rights because it involves discrimination based on race and ethnicity, which then labels their identity negatively. This study uses a legal-normative approach by analyzing secondary data namely legislation and scientific literature. The results of this study will show that there are acts of hate speech against race and ethnicity targeting Arab–Yemeni descendants or Habib in Indonesia and their relationship with the ITE Law and the potential for human rights violations in the form of racial and ethnic discrimination
Tinjauan Analisis Keyakinan Hakim Kasus Tindak Pidana Korupsi Timah Dalam Mengambil Keputusan Nomor : 70/Pid.Sus-TPK/2024/PN.Jkt.Pst. DAN NOMOR: 1/PID.SUS-TPK/2025/PT DKI Nugroho, Aditya; Prihadiati , Rr Lyia Aina
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.157

Abstract

A judge's conviction is a judge's inner judgment after reviewing and considering all valid evidence and facts during a trial. Judges must be confident when assessing and deciding a criminal's guilt based on the evidence and facts presented at trial. The difference in judges' convictions in making a decision is due to their independence in assessing the facts and proving the defendant's guilt. The independence of judges in carrying out their duties, as stipulated in Article 24, Paragraph 1 of the 1945 Constitution, states that the judiciary is an independent authority, independent of the influence of the legislative and executive branches. Judges, in carrying out their duties, are free from extrajudicial influences, including bribery, nepotism, public pressure, and even government intervention.Judges differ in their decision-making on a case, influenced by the legal background and approach used, whether normative, empirical, or empirical-normative, in their legal reasoning. However, as long as a judge's decision is based on legal evidence and applicable norms, it cannot be challenged.
Efektivitas Penegakan Hukum Tindak Pidana Terorisme oleh Detasemen Khusus 88 Anti Teror (Densus 88 At) Polri dalam Perspektif Undang-Undang No. 5 Tahun 2018 Tentang Terorisme Ar’rasyiid , Akbar Ragiel; Tobing, Padimun Lumban
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.163

Abstract

This study assesses the effectiveness of law enforcement against terrorism crimes committed by Detasemen Khusus 88 Anti Teror (Densus 88 AT) Polri after the enactment of Law Number 5 of 2018 About Terrorism. Using a normative juridical method with a legislative and conceptual approach as well as supported by empirical data from relevant institutional reports, this study examines the aspects of prevention, investigation, and enforcement. The results of the analysis show that Law No. 5 of 2018 About Terrorism strengthens the legal basis for preventive and repressive actions. Including aspects of wiretapping, early arrest, detention, and rapid search, these aspects contribute to an increase in the ability to thwart attack plans and uncover terrorist networks. However, the effectiveness of law enforcement is also influenced by the quality of intelligence, the quality of technology, the competence of human resources, and the smooth coordination between institutions. In addition, opaque enforcement practices raise concerns about human rights and public perceptions of these powers. Recommendations from this study include the formulation of technical operational guidelines, strengthening internal and external oversight mechanisms, improving the quality of technology, and strengthening deradicalization programs to ensure that these powers are exercised effectively.
Disharmonisasi Regulasi Internal: Studi Kasus Pelanggaran Hak pada Perjanjian Kerja Bersama (Pkb) PT Garuda Indonesia (Persero) TBK Rosliana, Anna; Irayadi , Muhamad
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.164

Abstract

Harmonious industrial relations are key to the operational stability of a company, especially for strategic State-Owned Enterprises (SOEs). However, PT Garuda Indonesia (Persero) Tbk frequently faces internal conflicts regarding the fulfillment of employee rights. This study aims to analyze the root causes of disharmony between internal regulations (management policies) and the Collective Labor Agreement (CLA), as well as the legal implications of violations of workers' normative rights. Using a qualitative research method with a socio- legal approach, data were collected through document studies of CLA manuscripts, company regulations, and literature related to industrial relations conflicts at Garuda Indonesia. Data analysis was conducted descriptively-analytically to dissect the phenomenon of managerial non-compliance with collective agreements. The results show that disharmony is rooted in corporate efficiency policies carried out unilaterally by overriding clauses in the CLA, particularly regarding allowances, welfare guarantees, and working hour management. These violations triggered a degradation of trust between the Employee Union and Management, leading to strike threats and legal lawsuits. Legally, the CLA holds a binding legal position similar to a law for the parties involved. Therefore, any internal policy that contradicts the CLA is null and void. The conclusion of this study emphasizes the need to strengthen the function of the Bipartite Cooperation Institution and financial transparency as conflict mitigation instruments to create a balance between the company's economic interests and the constitutional rights of workers.
Tinjauan Hukum Positif dan Hukum Islam terhadap Praktik Pinjaman Keuangan Informal (Bank Keliling) Ul Haaq, Muhammad Zia; Jadidah, Fikrotul
HUMANIORUM Vol 4 No 2 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i2.165

Abstract

This study analyzes the practice of mobile bank lending through the lens of positive law and Islamic law while examining its socio-economic implications for local communities. This study aims to educate the public about informal financial lending practices, and to analyze the factors contributing to their emergence and impacts (socio-economics), in order to promote more equitable to economic practices that are consistent with the principles of Islamic jurisprudence (fiqh). The research methodology combines a normative–empirical approach with juridical analysis, complemented by a literature review approach. This informal financing mechanism has expanded due to the demand for rapid access to funds without complex administrative requirements. However, it raises substantial legal concerns, as such activities typically operate without authorization or oversight from the Financial Services Authority or Bank Indonesia, thereby violating the provisions of Law No. 10 of 1998 on Banking and potentially giving rise to civil and criminal liabilities. From the perspective of Islamic law, this practice is deemed invalid due to the presence of riba, gharar, and elements of injustice that contradict the principles of maqāṣid al-sharī‘ah. Socio-economically, mobile bank lending generates adverse impacts on community welfare, including excessive interest burdens, debt dependency, and declining productivity caused by financial and psychological pressures. The study concludes that enhanced regulatory enforcement, improved financial literacy, and the strengthening of formal microfinance institutions—including Sharia-based financing—are essential to mitigating negative outcomes and providing safer and more equitable financing alternatives.

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