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INDONESIA
Hukum dan Keadilan
ISSN : 24071250     EISSN : 27470628     DOI : 10.59635/jihk
Core Subject : Social,
JURNAL ILMIAH HUKUM DAN KEADILAN merupakan jurnal ilmiah yang berisikan gagasan dan pengetahuan hukum yang berasal dari akademisi, peneliti dan praktisi dibidang hukum, atas fenomena hukum yang jamak terjadi di masyarakat. JURNAL ILMIAH HUKUM DAN KEADILAN akan Diterbitkan oleh Lembaga Penjaminan Mutu, Penelitian dan Pengbdian Masyarakt sebanyak 2 (dua) kali dalam 1 (satu) tahun yaitu (Maret dan September). Ruang lingkup Jurnal Hukum dan Keadilan adalah: A. Hukum: 1. hukum perdata, 2. hukum pidana, 3. hukum administrasi, 4. hukum militer, 5. hukum konstitusional, 6. hukum internasional. B. Yudikatif: 1. manajemen kasus pengadilan 2. manajemen peradilan. C. Kriminologi dan Hukum: D. Victimology dan Hukum E. Forensik dan Hukum
Articles 9 Documents
Search results for , issue "Vol. 13 No. 1 (2026)" : 9 Documents clear
Legal Liability of Contract Workers Who Terminate Employment Relationships Unilaterally: A Study of Article 17 of Government Regulation Number 35 of 2021 Turija; Indrayanto
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Abstract

This study is intended to describe the form of legal accountability for workers with the status of Fixed Time Work Agreements (PKWT) who resign without going through the agreed procedures, as well as assess the implementation of Article 17 of Government Regulation No. 35 of 2021 regarding the termination of employment before the contract period ends. The research uses normative juridical methods through literature search, analysis of laws and regulations, legal principles, and doctrines related to employment. The results of the study show that unilateral resignation by PKWT workers does not eliminate the right to compensation, because employers are still obliged to pay compensation money as stipulated in Article 15 and Article 17 of Government Regulation No. 35 of 2021 based on the actual working period. However, the implementation of this rule often does not run optimally because many workers choose not to demand their rights, plus the practice of oral PKWT, which opens up room for deviations from contractual principles. Therefore, it is necessary to increase supervision and enforcement of rules by the government, especially the Manpower Office, so that the protection of PKWT workers is carried out effectively.
Criminal Law Reform as an Effort to Enforce the Law on the Crime of Prostitution Ayu Larasati
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Abstract

Prostitution in Indonesia remains a significant social and legal problem, as it violates both moral and legal norms. This study employs a normative juridical approach to examine the regulation and enforcement of laws related to prostitution. The findings indicate that, although existing legislation primarily targets service providers, comprehensive criminal law reform is necessary to address all parties involved, including intermediaries (pimps), sex workers, and clients. Effective regulation should combine criminal penalties, rehabilitation programs, and vocational training to support sex workers in transitioning to alternative livelihoods. The study concludes that legal reforms are essential to establish a deterrent effect, prevent the recurrence of prostitution, and promote justice, thereby contributing to the eradication of prostitution in Indonesia.
Legal Protection and Certainty Management of Gold Mining in The Customary Rights of The Customary Law Community of Buru Regency, Maluku Province Mukadar, Rustam
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Abstract

The rights of indigenous law communities over natural resources, particularly minerals and coal, are regulated under Article 33 paragraph (3) in conjunction with Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, as well as Law Number 3 of 2020 on Mineral and Coal Mining. Legal certainty in the utilization of mining resources has been concretely implemented at the Gunung Botak Gold Mining area in Buru Regency, which has been operating since 2011. This study employs a normative-empirical legal research method with an approach that examines the implementation of positive law in factual conditions within society. The findings indicate that Law Number 3 of 2020 does not specifically regulate the legal status of indigenous communities, despite the Constitutional Court Decision Number 35/PUU-X/2012, which provides legal protection and recognition of indigenous peoples’ rights to manage their natural resources. To achieve legal certainty in the utilization of gold mining at Gunung Botak, the Provincial Government of Maluku and the Buru Regency Government have proposed the designation of Mining Business License Areas (WIUP) and People’s Mining Areas (WPR), with People’s Mining Licenses managed in the form of cooperatives administered directly by the indigenous law community of Petuanan Kayeli, Buru Regency.
Diversion Arrangements in the Juvenile Criminal Justice System in Indonesia Oriented to the Best Interests of Children and Justice Walim
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Abstract

Children in conflict with the law require special protection through the application of diversion to shift the criminal justice process toward non-judicial resolution mechanisms. However, the implementation of diversion under Law Number 11 of 2012 in Indonesia has not been optimal, as it remains oriented toward imprisonment and is limited to certain categories of offenses, thereby failing to fully prioritize the best interests of the child. This study aims to analyze the challenges in the implementation of diversion, the limitations of the existing regulatory framework, and possible measures for its improvement within the juvenile justice system. The research employs a normative legal method combined with a juridical-empirical approach. The findings reveal weaknesses in the aspects of legal substance, legal structure, and legal culture. Therefore, regulatory reform is necessary to expand the application of diversion to all juvenile offenses, in line with restorative justice principles and the Convention on the Rights of the Child, while still ensuring justice for victims.
The Role of The Three Pillars of Community Strengthening at The Grassroots in Realizing Social Order Satibi
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Abstract

Social order is a condition formed through social interactions based on norms, values, and cooperation among social actors. In Kopo Sub-district, social order is established through synergy between the government and the community, driven by three pillars, namely the Sub-district Leadership Coordination Forum (Forkopimcam). This synergy plays an important role in creating a harmonious, safe, and conducive social environment through effective communication and coordination. This study aims to analyze the role of the three pillars in realizing social order at the grassroots level. The research employs a normative juridical method with a descriptive-analytical approach, utilizing primary, secondary, and tertiary data. The findings indicate that the role of Forkopimcam as the three pillars is strategic in the early detection and management of potential social conflicts. However, the success of these efforts largely depends on active community participation, including religious leaders, community leaders, youth leaders, and other societal elements. The presence of Forkopimcam in various community activities strengthens public trust and encourages community involvement in maintaining social order.
The Effectiveness of the Online Single Submission Risk-Based Approach (OSS RBA) in Simplifying Business Licensing Kurniati Handayani Pane, Sri
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Abstract

In order to enhance national and international competitiveness, the government has undertaken reforms in business licensing through the implementation of an electronic-based licensing system known as Online Single Submission Risk-Based Approach (OSS RBA), as mandated by Law Number 11 of 2020 concerning Job Creation. This study aims to examine the effectiveness of business license issuance through the OSS RBA as a public service innovation, particularly in Palembang City. The research employs a normative juridical method combined with descriptive qualitative research using a case study approach. Data were obtained from laws and regulations, academic journals, and other relevant documents. The findings indicate that the implementation of OSS RBA significantly facilitates business actors, especially Micro and Small Enterprises (MSEs) categorized as low-risk and low–medium risk, as licenses are issued automatically, leading to an increase in the number of business licenses. However, business actors classified as non-MSEs with medium–high and high-risk activities still encounter obstacles, including delays in license issuance caused by a lack of understanding among business actors and inefficiencies in the verification process. Furthermore, the OSS RBA system continues to face challenges related to personal data protection and institutional coordination. Therefore, continuous improvements are required in terms of system development, regulatory frameworks, and capacity building for both business actors and government officials to achieve an effective, transparent, and equitable business licensing system.
Legal Protection for Buyers in The Sale and Purchase of Land With a Binding Sale and Purchase Agreement Based on a Notary's Power To Sell  Fasco Siregar, Hendrik; Nurwullan, Siti
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Abstract

Legal protection for good-faith land buyers is an important aspect in providing legal certainty and supporting the use and ownership of land in Indonesia. Buying and selling land as a legal product of high social and economic value is prone to default, such as non-submission of certificates, non-processing of the Sale and Purchase Deed, sale to other parties, or abuse of selling power. This study examines the form of legal protection for buyers, both preventive and repressive, and analyzes its effectiveness based on Article 1320 and Article 1243 of the Civil Code and Law Number 5 of 1960 concerning Agrarian Matters. Preventive efforts are carried out through agreements in accordance with the provisions of the law, while repressive efforts are taken through civil, criminal, and alternative dispute resolution channels. The results of the study show that the effectiveness of legal protection is greatly influenced by law enforcement, buyer awareness, and the role of the government and law enforcement officials in creating legal certainty in land purchase and sale transactions.
The Role of Law as a Regulatory Instrument for Artificial Intelligence Ethics in Indonesia Alirahman, Iman
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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This study aims to analyze the importance of the role of law in regulating the ethics of artificial intelligence (AI), which has begun to develop rapidly in Indonesia. The development of artificial intelligence cannot be allowed to proceed in an uncontrolled manner without a clear ethical framework and legal regulations governing it. Therefore, the concept of artificial intelligence ethics is required as a normative foundation for the use and development of AI. Artificial intelligence ethics is a field of study that examines moral principles and values that must be considered in the utilization and development of AI technology. In this context, law plays a crucial role as an instrument that provides legal certainty, limitations, and guidance in the implementation of artificial intelligence ethics in Indonesia.
Legal Regulation of Marine Pollution from Coastal Waste in North Jakarta Asomad, Asomad
Jurnal Ilmiah Hukum dan Keadilan Vol. 13 No. 1 (2026)
Publisher : Institute for Research and Community Service (LPPM), Universitas Dharma Indonesia (UNDHI)

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Marine pollution in North Jakarta, particularly in Jakarta Bay and the coastal area of Tanjung Priok, has intensified due to increasing volumes of coastal waste, dominated by single-use plastics. This article examines the legal regulation of marine pollution caused by coastal waste in North Jakarta using a normative juridical approach supported by limited empirical data from key locations, including Cilincing Subdistrict, the coastal area of Tanjung Priok, and the local Environmental Agency. The analysis focuses on three main aspects: the sources of marine pollution from coastal waste, the existing legal and policy framework, and the role of public participation in pollution control. Normatively, the right to a good and healthy environment is guaranteed under Article 28H(1) of the 1945 Constitution of the Republic of Indonesia, while state control over natural resources is stipulated in Article 33(3). Sectoral environmental governance is primarily regulated under Law No. 32 of 2009 on Environmental Protection and Management and Presidential Regulation No. 83 of 2018 on Marine Debris Management. The findings indicate that plastic waste is the predominant pollutant in Jakarta Bay, originating mainly from land-based sources such as river discharge, domestic and industrial waste, as well as coastal and marine activities. These findings are consistent with international studies on land-based plastic leakage into the marine environment and evidence of microplastic contamination in marine sediments and biota in Jakarta Bay. Effective legal responses require an integrated approach combining source-based prevention through the 3R principles (reduce, reuse, recycle), administrative law enforcement, upstream watershed management, and strengthened public participation mechanisms, including community-based waste banks. This article recommends accelerating the implementation of Presidential Regulation No. 83 of 2018 through cross-sectoral coordination, stricter monitoring of domestic and industrial waste along rivers discharging into Jakarta Bay, the establishment of measurable provincial targets for marine waste reduction, and the use of economic incentives to expand waste bank initiatives. The study is limited by the scope of empirical data derived from presentation materials, highlighting the need for further quantitative research.

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