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Fakultas Syariah IAIN Fattahul Muluk Papua, Indonesia Jl. Merah Putih Buper Waena, Distrik Heram, Kota Jayapura, Provinsi Papua, 99351
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HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan
Published by Institut Agama Islam Negeri Fattahul Muluk Papua
ISSN : -     EISSN : 29630487     DOI : https://doi.org/10.53491/hunila.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan adalah jurnal yang diterbitkan oleh Fakultas Syariah IAIN Fattahul Muluk Papua. Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 30 Documents
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KETERLIBATAN PENEGAK HUKUM TERHADAP PENJEMPUTAN PAKSA PERSPEKTIF PERLINDUNGAN ANAK : Studi Kasus Selebgram Laura Meizani (Loly) Fikriyah, Durrotul; Dewi, Dwi Ratna Cinthya; Qudsiyah, Salma Nafisatul; Ningsih, Marlinda Ayu; Romadiyah, Siti Nurul
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1256

Abstract

This research analyzes the involvement of law enforcement in the forced pick-up carried out by Nikita Mirzani’s daughter named Laura Meizani (Loly) .This case is very trending on social media for a couple of days, so the author is interested in making it as the object of the latest research regarding the forced pick-up that Nikita Mirzani carried out on her child. This research uses a normative law research method with a statutory approach related to this issue. The research results explained that: 1. The forced pick-up carried out by Nikita Mirzani involving law enforcement was in accordance with applicable legal provisions. 2. Even though the authorities state that they have complied with procedures, it is best to pay more attention when picking up minors, especially those who are public figures or celebrities, to maintain the child's safety and comfort.
A COMPARATIVE STUDY OF MEDIATION OF DIVORCE CASES THROUGH LITIGATION AND NON-LITIGATION IN INDONESIA Muhammad Jamil; Erman Gani; Alfiandri Setiawan; Abdul Aziz Harahap
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1264

Abstract

This qualitative study aims to conduct a comparative study of the mediation process of divorce cases through litigation with non-litigation This study is a qualitative research with a comparative approach. Primary data sources include Peraturan Mahkamah Agung Republik Indonesia Nomor 2 Tahun 2003 tentang Prosedur Mediasi di Pengadilan, PERMA Nomor 1 Tahun 2008 tentang Prosedur Mediasi di Pengadilan dan PERMA Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan. Data collection through documentation. The results of the study concluded that there are various competitive aspects related to the mediation of divorce cases between non-litigation and litigation, including flexibility, speed, confidentiality, whether or not a lawyer needs to help, costs, whether or not the relationship can be maintained, the right holder to carry out the procedure and the content of the settlement. Thus, praxis, mediators, both non-litigation and litigation, should first provide socialization to the parties to the husband and wife in dispute.
Artikel: Keadilan Sosial Divestasi Saham PT. Newmont Nusa Tenggara Barat Pasca Undang-Undang Cipta Kerja Suherman, Heru Andryana
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1277

Abstract

Share divestment policy aims to increase local participation in natural resource management and encourage equal distribution of economic benefits. However, the implementation of this policy often faces challenges. Undang-Undang Cipta Kerja which is known for its spirit of deregulation and ease of investment, brings significant changes in the regulation of share divestment in the mining sector. The research method used is a descriptive qualitative approach with literature review and policy analysis as the main methods. The results of previous research show that there is no loss to society due to overlapping regulations between the center and regions in investment control. The research results show that although Undang-Undang Cipta Kerja providing flexibility in divestment arrangements, social justice challenges remain. The example, limiting the role of local governments in share management and limiting local communities' access to share ownership can increase social inequality. Share divestment is not only an economic tool but also functions as a broader social justice mechanism, in accordance with the principles of sustainable and equitable natural resource management. The principles of Pancasila social justice, especially the fifth principle of social justice for all Indonesian people emphasizes the importance of fair distribution of the nation's wealth for the benefit of all the people. Principles of justice such as national ownership of natural resources, fair distribution of economic benefits for local communities, community empowerment, reduction of dependency, accountable supervision and balance of economic development and environmental conservation.
KEDUDUKAN HUKUM SURAT KETERANGAN TANAH DALAM SISTEM PEMBUKTIAN PENGUASAAN HAK ATAS TANAH Anri, Andi Fini Rathi; Heryanti, Heryanti; Ukkas, Jumiati; Intan, Nur; Safiuddin, Sahrina
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1305

Abstract

The aim of this study is to examine the legal position of the Land Certificate Letter (SKT) within the land rights proof system and to assess its evidentiary strength. The research method employed is a descriptive qualitative approach with a normative framework, as it is deemed most suitable for analyzing the legal status of SKT in relation to land rights proof under applicable regulations. SKT is commonly used as preliminary evidence of physical possession of land. However, within the evidentiary system, it holds weaker legal weight compared to a land certificate issued by the National Land Agency (BPN). While SKT may be accepted as evidence in court during land disputes, it does not provide the same level of legal certainty as a land certificate. A land certificate serves as a more robust and legitimate proof of ownership, offering greater legal protection. SKT functions solely as an initial proof and basis for land registration. Consequently, despite its significant role in administrative procedures, SKT does not offer absolute legal protection and may be contested by parties holding stronger evidence of ownership. This study also underscores the importance of raising public awareness regarding the differences in legal strength between SKT and land certificates to ensure better understanding of the significance of land registration for legal certainty.
PERAN POLRESTA KOTA JAYAPURA DALAM IMPLEMENTASI PERMENHUB NOMOR 45 TAHUN 2020 DAN KESADARAN MASYARAKAT DALAM PENGGUNAAN SEPEDA LISTRIK DI JALAN RAYA mukti, margo; Safiudin; zulfadli
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 1 (2024): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i1.1308

Abstract

Electric bikes are one of those included in the Regulation of the Minister of Transportation (Permenhub) Number 45 of 2020 concerning vehicles using electric motor drives. The fist research problem in this study is to examine the role of the Jayapura City Resort Police (Polresta) in implementing Permenhub number 45 of 2020 and the awareness of the people of Jayapura City towards the use of electric bikes on the higway. In accordance with article 5 paragraph (1) of the minister of Transportation, it is explained that electric bikes are in special lanes or certain areas. The use of the electric bikes on higway can be very dangerous for users and other riders. The result of this in Permenhub number 45 of 2020, it has not been included in the regulations of the Jayapura City Police in the Satlantas section, this is why the Police have not yet given administrative sanctions reprimands against violators. The preventive efforts made by the Jayapura City Police are in the form of giving an appeal not to use electric bikes on the higway which is uploaded on social media. The second research result is that the awarenes of the law of the people of Jayapura City towards the use electric bikes is actually quite high, because they have known about this prohibition from dealers and social media, but compliance with the law is still quite low, the factor that affects this violation is the lack of availability of supporting facilities and facilities as stated in the Minister of Thansportation Regulation (Permenhub) Number 45 of 2020, and the legal status is less certain so that the legal force is less binding.
RESTORATIVE JUSTICE POLICY TOWARDS PERPETRATORS OF TRAFFIC ACCIDENTS WITH DEATH Shodiq, Ja'far; Nurahmawati, Dian; Isnaini, Enik
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 2 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i2.1597

Abstract

Traffic accidents are unpredictable in time, place and cause. Traffic accidents occur due to a lack of awareness of road users which then results in damage and even the safety of someone's life. Thus, a restorative justice approach emerged that focuses on the process of returning things to their original state by prioritizing a sense of peace between the perpetrator and the victim. The purpose of this study is to understand the application of restorative justice policies to the perpetrators of traffic violations with fatalities. The research uses normative juridical type of writing, with statute approach and concept approach. The legal materials used are primary legal materials including: The Book of Law. From this research it can be concluded: the legal basis governing the Implementation of Road Traffic and Transportation is Law Number 22 of 2009 and Government Regulation Number 30 of 2021. The restorative justice policy is regulated in the Regulation of the Indonesian National Police (PERKAPOLRI) Number 8 of 2021, the Prosecutor's Regulation (PERJA) Number 15 of 2020, and the Supreme Court Regulation Number 2 of 2012. Regulations regarding traffic offenders with fatalities have not been specifically regulated by law, so it needs to be a common concern in order to achieve fair law enforcement for traffic offenders with fatalities through a restorative justice approach.
A CRITICAL REVIEW OF THE ROLE OF COMMERCIAL COURTS IN INDONESIA'S RELIGIOUS JUSTICE SYSTEM Fauzan Arrasyid
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 2 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i2.1683

Abstract

The repositioning of jurisdiction for resolving the liquidation of Islamic banks from the Commercial Court to the Religious Court is a crucial issue in the reform of Indonesia’s Islamic economic judicial system. This study aims to identify the inaccuracy of the forum for resolving Islamic bank liquidation cases under the jurisdiction of the Commercial Court. The approach used is normative juridical. The results show that the dominance of the Commercial Court in Islamic bank liquidation cases is contrary to the principle of lex specialis and Constitutional Court Decision No. 93/PUU-X/2012, and ignores the principles of sharia justice. In addition, the non-use of the Kompilasi Hukum Ekonomi Syariah (KHES), the absence of reference to Dewan Syariah Nasional-Majelis Ulama Indonesia fatwas, and the absence of sharia expert witnesses in evidentiary practice, widened the gap between sharia norms and litigation mechanisms. The jurisdictional fragmentation that occurs indicates a systemic failure to integrate the values, procedures and forums of sharia economic law into the national legal system. This research confirms that the repositioning of authority to the Religious Courts needs to be accompanied by cross-regulatory harmonization, strengthening institutional capacity, and affirmation of the constitutional rights of Muslims in choosing religious-based justice forums. This research is expected to be an important contribution to the renewal of a national justice system that is inclusive, responsive and valuable.
REKONSTRUKSI SISTEM PEMILU PRESIDEN PASCA PUTUSAN MK NO. 62/PUU-XXII/2024 TENTANG AMBANG BATAS PENGUSULAN CALON PRESIDEN DAN WAKIL PRESIDEN Mahmudi, Mohammad; Rahman, Fathor
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 2 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i2.1685

Abstract

This study aims to analyze the impact of the Constitutional Court’s (MK) Decision No. 62/PUU-XXII/2024 on Indonesia’s presidential election system, particularly regarding the removal of the presidential candidacy threshold. The research methodology employed is a normative juridical approach, analyzing laws, judicial decisions, and legal doctrines. The study utilizes primary legal materials, including the 1945 Constitution of the Republic of Indonesia, the Election Law, and relevant Constitutional Court decisions, as well as secondary legal materials such as legal journals, books, and academic articles. Data was collected through library research and qualitatively analyzed to understand the legal implications and political impacts of the decision. The results indicate that this decision opens broader opportunities for presidential candidates to run without having to meet the support requirements outlined in Article 222 of the Election Law, thus increasing competition and choices for voters. However, this change may also lead to greater political fragmentation and reduced political consolidation, which could threaten post-election governmental stability. The study provides recommendations related to enhancing democracy education, improving the two-round election system, strengthening the roles of the General Elections Commission (KPU) and Election Supervisory Agency (Bawaslu), as well as monitoring political fragmentation following the electoral system change. The findings are expected to provide solutions for policymakers in designing a more inclusive and efficient election system in Indonesia.
KONTESTASI YUDISIAL DAN INDEPENDENSI PROFESI DALAM PEMBEKUAN SUMPAH ADVOKAT: PERSPEKTIF HUKUM Ludfi, Ludfi; Pradana, Sandi Yoga; Aini, Qurrotul; Mahbubi, Mahbubi
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 2 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i2.1687

Abstract

This research This study examines the suspension of the oath of advocates Firdaus Oiwobo, S.H., and Razman Arif Nasution by the Ambon and Banten High Courts, in the context of the legal dialectic between the independence of the advocate profession, judicial supremacy, and contempt of court. The main issue raised is the potential conflict between the court's authority in enforcing trial discipline with the principle of due process of law and the doctrine of officium nobile which underlies the independence of advocates. This study aims to analyze the legitimacy and legal implications of the suspension of the advocate's oath and identify the potential for abuse of judicial authority. The method used is normative legal with a statutory, case, and conceptual approach, which is analyzed hermeneutically-critically. The results of the study indicate that the suspension of the advocate's oath by the high court is more than just an administrative action, but is a judicial intervention that weakens the independence of the legal profession. This action is contrary to the principles of fair trial and due process of law. This study recommends a revision of the contempt of court regulation to protect the freedom of advocates and create a balance between judicial authority and the independence of the legal profession.
DEMOKRASI SEBAGAI LANDASAN PEMBENTUKAN UNDANG-UNDANG DALAM PEMBAHARUAN HUKUM NASIONAL DI INDONESIA Wulansari, Fadillah
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 3 No. 2 (2025): HUNILA: Jurnal Ilmu Hukum dan Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v3i2.1704

Abstract

The study aims to analyse the role of democracy as a base for the establishment of laws in the national legal reform in Indonesia. Democracy as a base principle of the rule of law guarantees the involvement of the people in the legislative process which produces laws that reflect the aspirations and needs of the community. The research method used is normative legal research with a legislative, conceptual, and historical approach. The data obtained from laws and regulations, legal literature, and expert opinions which are analysed descriptively-annalistically. The results of the study indicate that the application of democratic principles in the formation of laws which the main key to realizing laws that responsive and adaptive to social and political changes in Indonesia. Therefore, national legal reform must prioritize democratic principles that the legislative process is transparent, participatory, and accountable.

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