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Judge: Journal of Law and Justice
Published by PT. Habe Cendekia Utama
ISSN : -     EISSN : 31233791     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Judge: Journal of Law and Justice is a peer-reviewed academic journal published by Habe Cendekia Utama Publisher, dedicated to advancing knowledge and discourse in the field of law and judiciary. The journal is published six times a year, in February, April, june, August, October, and December. The journal provides a platform for legal scholars, judicial personnel, practitioners, and researchers to publish original and high-quality scientific work. It covers analytical, objective, empirical, and contributive literature that explores the dynamics and development of legal studies, especially in the Indonesian context. Focus and Scope The journal welcomes scientific articles on a wide range of topics, including: Research studies Judicial decisions Theoretical and philosophical discussions Literature reviews Critical and interdisciplinary legal consultations While open to various topics, Judge: Journal of Law and Justice gives special emphasis to studies on: Sociology of Law Living Law Legal Philosophy History of National Law Customary Law Law and Literature International Law Interdisciplinary Legal Studies Empirical Legal Research
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
PERAN HUKUM ADMINISTRASI NEGARA DALAM MENGATASI KONFLIK AGRARIA DI INDONESIA Raihan Brilliawan
Journal of Law and Justice Vol 1 No 1 (2025): Oktober
Publisher : PT. Habe Cendekia Utama

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Agrarian conflicts in Indonesia are complex issues involving various legal, social, and economic aspects. This study, entitled "The Role of State Administrative Law in Resolving Agrarian Conflicts in Indonesia," is motivated by the prevalence of land disputes, often caused by unequal land ownership, overlapping policies, and weak implementation of administrative law. The issues raised in this study include how State Administrative Law regulates government authority in resolving agrarian disputes and the effectiveness of the application of general principles of good governance (AUPB) in addressing these issues. This study aims to analyze the role of administrative law in strengthening the agrarian dispute resolution system through a normative juridical approach using case studies and legal document analysis. The results show that although agrarian regulations are in place, their implementation still faces challenges in the form of abuse of authority, ineffective bureaucracy, and minimal oversight. The conclusions of this study emphasize the need for land policy reform, capacity building of legal institutions, and strengthening transparency and public participation in administrative processes. With the effective implementation of administrative law, it is hoped that agrarian conflicts can be minimized, thereby achieving social justice and legal certainty in Indonesia.
NEGARA HUKUM DALAM PERSPEKTIF FILSAFAT HUKUM Zahra Putri
Journal of Law and Justice Vol 1 No 1 (2025): Oktober
Publisher : PT. Habe Cendekia Utama

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The rule of law is a fundamental concept in the modern government system that places law as the basis for the legitimacy of power and the protection of human rights. From the perspective of the philosophy of law, the rule of law includes normative, philosophical, and historical dimensions that are interrelated. This article discusses the concept of the rule of law through a philosophy of law approach, including classical thoughts such as Plato and Aristotle, to modern developments in the views of Hans Kelsen and Lon Fuller. The analysis is carried out to describe the main principles such as the supremacy of law, separation of powers, and respect for human rights within the framework of the rule of law. This paper also explores the relevance of the concept of the rule of law in facing contemporary challenges, such as globalization and technological developments. Through this approach, it is hoped that it can provide a deeper understanding of the essence of the rule of law as the main pillar in social and state life.
PERLINDUNGAN HUKUM PASIEN DI RUMAH SAKIT UMUM DARI PELAYANAN MEDIS Nur Rohimah
Journal of Law and Justice Vol 1 No 1 (2025): Oktober
Publisher : PT. Habe Cendekia Utama

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This research also aims to understand hospital initiatives to overcome these problems. This study offers theoretical advantages by advancing the development of civil law and supplementing data for related studies in the fields of health care, medicine, and consumer protection. This research is qualitative legal research with an empirical juridical approach by collecting primary data obtained through observation and interviews. Secondary data was obtained through documentation. The data that has been collected is then reduced and analyzed using qualitative descriptive analysis. The results of this research show that the legal protection provided to patients is preventive protection, that is, before carrying out medical services, the hospital will first provide information to the patient regarding the existing rules at the hospital, as well as the risks that will occur. The problems that occur at the regional general hospital (RSUD), mostly occur because the services provided by the hospital are unsatisfactory, starting from unclear information and so on. Efforts made by the regional general hospital (RSUD) is to prioritize consumer (patient) rights by providing good service, paying attention to the performance of nurses and doctors in providing medical services to patients.
PERAN HUKUM KRIMINOLOGI DALAM UPAYA MEMBANTU HUKUM PIDANA Nurul Aulia
Journal of Law and Justice Vol 1 No 1 (2025): Oktober
Publisher : PT. Habe Cendekia Utama

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Criminal law and criminology complement each other, with criminology focusing on the reasons that drive crime and legal consequences, and criminal law connecting criminal acts to evidence. In crime, rational choice theory is used as a shortcut if a person's most important desires fail to be achieved, emphasizing actors and resources. Heri Kurniawan, an actor, chose to commit crime as a survival strategy, choosing rational crime. Criminology defines crime as deviant behavior, a social phenomenon carried out by a person or group consciously. Heri, who committed robbery and murder, was charged under Article 365 of the Criminal Code concerning theft with violence and Article 338 of the Criminal Code concerning murder. From a psychological point of view, crime is a reaction or shortcut if the initial goal is hindered by something. In Heri's case, his main goal was to take the victim's cellphone, but when the victim found out what he had done, he used a knife as a form of pressure, committing murder as a spontaneous reaction to protect himself.
ANALISIS YURIDIS TINDAK PIDANA PENCUCIAN UANG PERSPEKTIF HUKUM INTERNASIONAL DAN HUKUM NASIONAL Riza Ananda Putri
Journal of Law and Justice Vol 1 No 1 (2025): Oktober
Publisher : PT. Habe Cendekia Utama

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Abstract

Public coffers, social fabric, and national economic security are all negatively impacted by money laundering offenses. The proliferation of new crimes fueled by money laundering has the potential to undermine public trust in the justice system and endanger individual liberties. Therefore, using a normatized yuridis research technique, we need to determine how far criminal policy can go in its present efforts to combat illegal money laundering. Finding out how Indonesia's criminal policy on money laundering relates to international law and how the country's legal system handles such matters is the main goal of this study. Law number 8, passed in 2010, governs the principles of national criminal law on the prevention and elimination of money laundering offenses, according to study. The following international tools illustrate the community's efforts to combat the worldwide menace of money laundering. The United Nations convention on transnational crimes provided the groundwork for the development of this body of law. When it comes to developing unobstructed criminal processes of money plain in Indonesia, the criminal policy competency of the legal system has failed in the financial monitoring system, which is a severe countermeasure.
TANTANGAN PENEGAKAN HUKUM TERHADAP KEJAHATAN SIBER BERBASIS ARTIFICIAL INTELLIGENCE DI INDONESIA Muhammad Atho’hillah
Journal of Law and Justice Vol 1 No 2 (2025): Desember
Publisher : PT. Habe Cendekia Utama

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The development of Artificial Intelligence (AI) technology has transformed the cybercrime landscape from manual attacks to automated, adaptive, and difficult-to-detect attacks, increasing the complexity of threats to national security, social stability, and citizens' rights in the digital space. In Indonesia, the legal framework, consisting of the ITE Law, the Criminal Code, and the Personal Data Protection Law, provides a regulatory basis, but it is not fully responsive to new crime modes such as deepfakes, AI-enhanced phishing, and cross-border autonomous attacks. This study aims to analyze the normative, technical, and institutional challenges in law enforcement against AI-based cybercrime, while also formulating directions for strengthening regulations, digital forensic capacity, and AI governance in Indonesia. The method used is qualitative research with a literature review through a review of laws and regulations, decisions, scientific literature, and institutional reports. Content analysis techniques were used to identify legal gaps, technical barriers, and weaknesses in coordination between law enforcement actors. The research findings indicate that there is still a gap in conceptual regulations regarding AIbased cybercrime, limited human resources and digital forensic infrastructure, and institutional fragmentation. Therefore, a more adaptive reconstruction of the cyber legal system is needed, the establishment of adequate forensic tools and high tech crime units, and the strengthening of AI governance based on the principles of transparency, accountability, and human rights protection
ANALISIS KELEMAHAN PENEGAKAN HUKUM TERHADAP PRAKTIK KORUPSI DIGITAL PADA LEMBAGA PUBLIK Nisrina Fatin
Journal of Law and Justice Vol 1 No 2 (2025): Desember
Publisher : PT. Habe Cendekia Utama

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This study aims to analyze regulatory weaknesses and the capacity of law enforcement officials in addressing digital corruption practices in public institutions, particularly related to manipulation of e-procurement systems, data misuse on egovernment platforms, and illegal non-cash transactions through digital financial instruments and crypto assets. The approach used is qualitative-descriptive, using desk study and document analysis methods, including scientific literature, laws and regulations, institutional reports (such as those from the Corruption Eradication Commission (KPK) and the Supreme Audit Agency (BPK), and actual case studies, such as corruption in the e-KTP (e-KTP) and BTS (telephone communication and communication technology) projects. Data were analyzed through data reduction, thematic categorization, and contextual interpretation of legal sources and previous research on digital governance and corruption eradication. The results indicate that digital corruption operates through data and system manipulation, algorithmic collusion in e-procurement, and abuse of internal access. This is exacerbated by the absence of specific regulations on digital corruption, limited cyber forensics, weak coordination between law enforcement agencies, and a permissive legal culture. This situation creates impunity for perpetrators, undermines public trust in egovernment, and hinders the SPBE-based bureaucratic reform agenda. Therefore, a dedicated legal framework, strengthened digital forensic capacity, and the integration of national law enforcement data platforms are needed.
KESENJANGAN HUKUM DALAM PENGATURAN KONTEN DIGITAL DAN KEBEBASAN BEREKSPRESI DI ERA PLATFORM MEDIA SOSIAL Rizky Mohammad
Journal of Law and Justice Vol 1 No 2 (2025): Desember
Publisher : PT. Habe Cendekia Utama

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This research aims to identify legal gaps in the ITE Law and its derivative regulations, analyze their impact on the chilling effect, the criminalization of digital expression, and the dominance of foreign platform privacy policies. It also formulates recommendations for regulatory reform that are more proportional, transparent, and in line with international human rights standards. Using a descriptive qualitative approach with a literature review, this research utilizes primary legal sources (the 1945 Constitution, Law No. 1 of 2024, Minister of Communication and Information Regulation No. 5 of 2020, Constitutional Court Decision No. 90/PUU-XXI/2023) and secondary literature from scientific articles, government reports, and recent studies on the implementation of the ITE Law on social media platforms. The results reveal unclear norms, a lack of synchronization between national regulations and global standards, excessive discretion by officials and platforms, and a lag in regulations regarding algorithms and AI, which cumulatively trigger self-censorship, increase the criminalization of criticism, and weaken digital democracy. The research recommends reformulating the multi-interpretable articles, implementing the principles of proportionality and due process of law, requiring platforms to be transparent in content moderation, and establishing a multi-stakeholder forum to ensure a democratic digital ecosystem aligned with Pancasila values in the era of national digital transformation. 
PROBLEMATIKA PENEGAKAN HUKUM TERHADAP PENYEBARAN HOAKS POLITIK DI MEDIA SOSIAL Abdullah Zahid
Journal of Law and Justice Vol 1 No 2 (2025): Desember
Publisher : PT. Habe Cendekia Utama

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Abstract

The problem of law enforcement against the spread of political hoaxes on social media in Indonesia following the 2024 elections, with 1,593 hoax cases recorded in the first year of the Prabowo-Gibran administration, nearly half of which were politically motivated and targeted the government. The background of this research is based on the rise of politically motivated disinformation that utilizes digital platform algorithms to produce negative campaigns, hate speech, and polarization, thus threatening social stability and the quality of democracy. The research aims to analyze the dominant forms of political hoaxes on social media and uncover the problems of law enforcement, including the multiple interpretations of the flexible articles of the Electronic Information and Transactions (ITE) Law, obstacles to digital evidence, limited capacity of officials, and weak inter-institutional coordination. The research uses a descriptive qualitative approach through a literature review of key regulations such as the ITE Law, the Criminal Code, the Election Law, Constitutional Court decisions, official reports from the Ministry of Communication and Information Technology (Kominfo) and academic studies related to political hoaxes and digital literacy. The research findings indicate that Indonesia's legal framework is relatively comprehensive, but implementation remains hampered by the anonymity of perpetrators, AI-generated hoax technology, disparities in cyber forensic capacity, and the risk of overcriminalization that blurs the line between freedom of expression and criminal acts. The study recommends strengthening more precise regulations, improving digital literacy, providing forensic training for officers, and close collaboration with digital platforms to ensure law enforcement against political hoaxes is more adaptive and effective in protecting the democratic public sphere. 
EFEKTIVITAS REGULASI PERLINDUNGAN DATA PRIBADI DALAM MENANGGULANGI KEBOCORAN DATA DIGITAL Dwi Agung Firmansyah
Journal of Law and Justice Vol 1 No 2 (2025): Desember
Publisher : PT. Habe Cendekia Utama

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The rapid development of digitalization in Indonesia has increased the use of personal data in the public and private sectors, but has been accompanied by a surge in data leaks that threaten privacy, national security, and public trust. Although Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) has been enacted as an effort to strengthen the law, its effectiveness in addressing digital data leaks remains questionable due to weak implementation, limited oversight institutions, and low public digital literacy. This study aims to analyze the effectiveness of personal data protection regulations in preventing and addressing data leaks in Indonesia and to identify factors hindering the implementation of the PDP Law. The research method used is a descriptive qualitative approach with a literature review of secondary sources including scientific journals, official reports, and government regulations. Data analysis was conducted using Soerjono Soekanto's theory of legal effectiveness and the principles of digital data governance. The results indicate that the effectiveness of the PDP Law remains partial due to suboptimal enforcement and dissemination, weak inter-agency coordination, and incomplete implementing regulations. Legal framework reform, increased capacity of oversight institutions, and digital literacy education are needed to realize an adaptive and globally standardized data protection system

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