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Jurnal Hukum dan Sosial Politik
ISSN : 29864445     EISSN : 29863287     DOI : 10.59581
Core Subject :
Jurnal Hukum dan Sosial Politik dengan e-ISSN : 2986-3287, p-ISSN : 2986-4445 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik 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, politik dan ilmu sosial. Jurnal ini terbit 1 tahun 4 kali (Februari, Mei, Agustus dan November).
Arjuna Subject : -
Articles 282 Documents
Analisis Penegakan Hukum Pidana Klitih oleh Anak: Studi Kasus Putusan Pengadilan Negeri Yogyakarta Nomor 124/Pid.B/2022/PN Yyk Antonius Bayu Putra Setiawan
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6446

Abstract

The increasing incidence of klitih involving juveniles in the Special Region of Yogyakarta has created complex legal issues concerning criminal liability and the protection of children's rights within the juvenile justice system. This study aims to analyze criminal law enforcement against juvenile klitih offenders based on Yogyakarta District Court Decision Number 124/Pid.B/2022/PN Yyk, focusing on judicial considerations in determining criminal responsibility and factors influencing law enforcement. This research employs normative-empirical legal research using statutory, conceptual, and case approaches with qualitative analysis. Primary data were obtained through interviews and court decisions, while secondary data were collected from legal literature and legislation. The findings show that judicial considerations primarily focused on juridical aspects, including witness testimony, documentary evidence, and statutory provisions. However, non-juridical aspects, such as the child's psychological condition, family background, social environment, and the best interests of the child, were not comprehensively considered. Law enforcement is influenced by legal substance, law enforcement officials, legal culture, and public perceptions of klitih. Therefore, consistent implementation of restorative justice principles is needed to achieve legal certainty, justice, rehabilitation, and protection of children's rights.
Tanggung Jawab Hukum Promotor Konser Korean Pop (K-Pop) atas Kerugian Konsumen akibat Perubahan Sepihak Penyelenggaraan Acara Rifati Daeli
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6447

Abstract

The rapid growth of Korean Pop (K-Pop) concerts in Indonesia has created increasingly complex legal relationships between concert promoters and consumers through electronic ticket purchase agreements. In practice, promoters frequently include exoneration clauses in ticket sale terms and conditions that permit unilateral changes to concert schedules, venues, seating arrangements, or other essential aspects while limiting their legal liability. Such practices may result in financial and non-financial losses for consumers and raise concerns regarding the effectiveness of consumer protection under Indonesian law. This study aims to analyze the legal protection available to consumers against exoneration clauses and examine the legal liability of K-Pop concert promoters for losses arising from unilateral changes in concert organization. This normative legal research employs statutory, conceptual, and case approaches. The study uses primary, secondary, and tertiary legal materials analyzed through qualitative legal methods. The findings indicate that although exoneration clauses are generally recognized in contractual relationships, their validity is limited by Article 18 of Law Number 8 of 1999 concerning Consumer Protection, as well as the principles of good faith and contractual balance. Unilateral changes that reduce consumers' contractual rights constitute a breach of contract and may impose liability on promoters to compensate consumers under Article 19 of the Consumer Protection Law. Therefore, promoters cannot rely on exoneration clauses to avoid statutory liability for losses caused by unilateral changes. Stronger legal supervision and greater compliance with consumer protection principles are necessary to ensure legal certainty, fairness, and accountability within Indonesia's entertainment industry.
Praktik Mediasi Secara Elektronik dalam Perkara Perceraian di Pengadilan Agama Bantul Zazabila Lombontari
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6449

Abstract

This study aims to determine the practice of electronic mediation in divorce cases and the mediators' efforts to address obstacles affecting the implementation of electronic mediation at the Bantul Religious Court. Electronic mediation is a form of adaptation of the judicial system to developments in information technology as regulated in Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 concerning Mediation Procedures in Court and Supreme Court Regulation of the Republic of Indonesia Number 3 of 2022 concerning Electronic Mediation in Court. This study uses an empirical normative legal research method with a descriptive-analytical qualitative approach. In practice, the mediator facilitates dialogue and negotiations through electronic media such as Zoom Meeting, WhatsApp Video Call, and Google Meet to reach a peaceful agreement. Electronic mediation provides benefits in the form of easy access to justice, time efficiency, and cost reduction for the parties. However, the implementation of electronic mediation still faces several obstacles, including internet network disruptions, obstacles to the parties' use of information technology, communication barriers in virtual mediation, and low participation and good faith from the parties. To overcome these obstacles, mediators undertake various efforts, such as providing technical assistance in using the application, ensuring device and internet network readiness, establishing persuasive communication, and encouraging active participation by the parties in the mediation process. Therefore, the success of electronic mediation is determined not only by the availability of technology but also by the mediator's ability to manage the various obstacles that arise during the mediation process.
Analisis Sistem Peradilan Pidana Anak (SPPA) untuk Penegakan Hukum Pidana Kejahatan Klitih Wilayah Bantul Ilyas Elfansyah
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6466

Abstract

The phenomenon of street violence known as klitih in Bantul Regency predominantly involves juveniles and has become a serious public concern due to its impact on community safety and public order. This condition creates a dilemma in criminal law enforcement because juvenile offenders must remain protected under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (SPPA). This study aims to analyze the application of criminal law to juvenile offenders involved in klitih based on the Juvenile Criminal Justice System and to identify the obstacles encountered by law enforcement officers in handling such cases in Bantul Regency. The research employed normative and empirical juridical methods with a descriptive-analytical approach. Data were collected through library research, interviews, observations, and documentation, and subsequently analyzed using qualitative methods. The findings indicate that law enforcement against juvenile klitih offenders has emphasized the principles of child protection, restorative justice, and diversion in accordance with the SPPA framework. However, the implementation of these principles has not been fully effective due to resistance from victims and the community, weak parental supervision, negative peer influences, and insufficient coordination among related institutions. Strengthening inter-agency collaboration, improving family involvement, and enhancing public understanding of restorative justice are essential to optimize the implementation of the Juvenile Criminal Justice System in addressing juvenile klitih cases.
Fungsi Pengawasan Badan Permusyawaratan Desa (BPD) dalam Pemberdayaan Masyarakat di Bidang Pariwisata di Desa Anakoli, Kecamatan Wolowae, Kabupaten Nagekeo Sesilia Amata Ea; Boli Tonda Baso; Stefanus Triadmaja
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6473

Abstract

This study examines the supervisory role of the Village Consultative Body (BPD) in promoting community empowerment through tourism development in Anakoli Village, Wolowae District, Nagekeo Regency. The research is motivated by the underutilization of the village’s tourism potential, particularly Kota Jogo Beach, where inadequate supporting infrastructure, including shelters, public sanitation facilities, and organized spaces for local vendors, has limited tourism development and reduced opportunities for community economic participation. Effective supervision by the BPD is considered essential to ensure that tourism development programs not only focus on physical infrastructure but also strengthen community participation and local economic empowerment. This research adopted a qualitative descriptive approach. Data were obtained through field observations, in-depth interviews, and documentation involving the Chair of the BPD, the Village Head, and community representatives as key informants. The collected data were analyzed using data reduction, data presentation, and conclusion drawing to provide a comprehensive understanding of the implementation of the BPD’s supervisory function. The findings indicate that the BPD has performed its supervisory responsibilities through preventive, detective, and corrective supervision. Preventive supervision is conducted during planning and budgeting, detective supervision during program implementation, and corrective supervision through evaluation and recommendations for improvement. Nevertheless, the implementation remains less than optimal due to limited institutional capacity, weak coordination between the BPD and village government, low community participation, and the absence of sustainable tourism management. Strengthening the institutional capacity of the BPD, enhancing collaboration among stakeholders, and increasing community involvement are necessary to improve tourism-based empowerment, promote sustainable local development, and enhance community welfare in Anakoli Village.
Kedudukan Alat Bukti Elektronik sebagai Jenis Alat Bukti yang Sah dalam Kitab Undang-Undang Hukum Acara Pidana Tahun 2025 Muhammad Rusydan Annas
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6579

Abstract

The rapid development of information technology has necessitated reforms in Indonesia's criminal procedural law to accommodate advances in digital technology. This study aims to analyze the legal status of electronic evidence as admissible evidence under Law Number 20 of 2025 concerning the Indonesian Code of Criminal Procedure and to examine its implications for the criminal evidentiary system. The research employs a normative legal method using statutory and conceptual approaches through the analysis of legislation, legal doctrines, and relevant literature. The findings indicate that electronic evidence has been formally recognized as an independent form of admissible evidence within Indonesia's criminal justice system. This legal recognition provides greater legal certainty regarding the use of electronic evidence, enhances the effectiveness of the evidentiary process, and supports a law enforcement system that is more adaptive to developments in information technology. Nevertheless, the recognition and application of electronic evidence must continue to uphold the principle of due process of law to ensure the protection of the rights of all parties involved and to guarantee that criminal proceedings are conducted fairly, proportionally, and in accordance with the applicable legal provisions.
Tata Kelola Interoperabilitas Data Bantuan Sosial di Dinas Sosial Kota Mojokerto:Perspektif Governance Rhodes Clarissa Anggi Kusuma; Dian Wijaya; Santosa Santosa
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6627

Abstract

This study examines the management of social assistance data interoperability at the Social Affairs Office of Mojokerto City as an effort to ensure accurate targeting of social assistance distribution. The study aims to analyze the management of social assistance data interoperability from the perspective of Rhodes' Governance theory. This research employed a descriptive qualitative approach, with data collected through interviews, observations, and documentation. The findings indicate that the management of social assistance data interoperability has implemented the principles of network governance through collaboration among the Social Affairs Office of Mojokerto City, the Ministry of Social Affairs, village administrations, neighborhood and community associations (RT/RW), Subdistrict Social Welfare Workers (TKSK), Family Hope Program (PKH) facilitators, field surveyors, and the community. Data interoperability is supported by the utilization of the National Integrated Socio-Economic Data (DTSEN), the use of the National Identification Number (NIK) as the primary identifier, and the implementation of tiered verification and validation processes. However, delays in data updating and suboptimal inter-agency coordination remain major challenges in ensuring accurate targeting of social assistance. The study concludes that strengthening stakeholder collaboration, improving system interoperability, and conducting continuous data updates are essential to support more effective and well-targeted social assistance data governance.
Efektivitas Penegakan Hukum terhadap Tindak Pidana Pencurian Kendaraan Bermotor (CURANMOR) di Wilayah Hukum Polres Buleleng Gede Widi Bayu Suta; Putu Riski Ananda Kusuma; I Gede Partama
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6637

Abstract

Motor vehicle theft remains a prevalent criminal offense within the jurisdiction of the Buleleng Regional Police, necessitating optimal law enforcement efforts. This study aims to examine the implementation of law enforcement against vehicle theft while mapping the factors that influence its efficacy. Utilizing an empirical legal research method with a sociological approach, data were gathered through interviews with investigators from the Criminal Investigation Unit of the Buleleng Regional Police and a review of relevant literature. The qualitative data analysis was guided by Soerjono Soekanto's legal effectiveness theory. The findings indicate that the police tackle vehicle theft through both preventive and repressive strategies, including investigations, offender apprehensions, area patrols, and public legal awareness campaigns. The success of law enforcement is highly contingent upon legal substance, law enforcement commitment, facility availability, public participation, and local legal culture. Consequently, stronger inter-agency synergy, enhanced supporting facilities, and increased public legal consciousness are required to suppress vehicle theft rates in Buleleng Regency.
Rekonstruksi Ijtihad Progresif Abdullah Saeed: Dialektika Teks, Konteks, dan Perubahan dalam Hukum Islam Kontemporer Wahyu Seno Jatmiko; Moh. Chairul Umam; Ferdiansyah Ferdiansyah; Mayrani Tri Dora; Bahrul Ulum; Pauzi Muhammad
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6645

Abstract

This study examines the concept of Progressive Islam and Progressive Ijtihad through an analysis of Abdullah Saeed’s thought as a contemporary Muslim scholar. The main problem addressed in this research is how Islamic teachings can be interpreted contextually to respond to modern challenges while remaining faithful to the core values of the Qur’an. The purpose of this study is to explore Saeed’s framework of progressive ijtihad and its relevance for developing a dynamic and contextual understanding of Islam. This research employs a qualitative library research method, using primary sources from Abdullah Saeed’s works and secondary sources from relevant scholarly literature. The findings indicate that Abdullah Saeed proposes a contextualist approach to Islamic interpretation that emphasizes ethical values, human rights, and social justice, while considering historical context and contemporary realities. Progressive ijtihad, as conceptualized by Saeed, offers an alternative paradigm for Islamic thought that bridges traditional Islamic scholarship and modern societal needs. This approach contributes significantly to the development of Islamic studies by promoting flexibility, inclusivity, and relevance in interpreting Islamic teachings in the modern era.
Perlindungan Hukum Konsumen dalam Pembelian Merchandise K-Pop Melalui Sistem Pre-Order pada Group Order (GO) di Indonesia Ni Ketut Putri Ratih Suwandewi
Jurnal Hukum dan Sosial Politik Vol. 4 No. 3 (2026): Agustus Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v4i3.6683

Abstract

The growth of e-commerce has spurred the emergence of various transaction models, one of which is the Group Order (GO) utilizing a pre-order system a method widely used for purchasing K-Pop merchandise. While this mechanism offers consumers a convenient way to acquire official merchandise, it also entails risks such as delivery delays and discrepancies regarding the goods received. These circumstances highlight the importance of legal protection for consumers involved in GO transactions. This study aims to analyze the legal relationship between consumers and GO organizers and to examine the forms of legal protection available to consumers purchasing K-Pop merchandise through GO pre-order systems. Employing a normative legal research method, the study utilizes both statutory and conceptual approaches, with data analyzed through descriptive-analytical methods based on a literature review. The findings indicate that the legal relationship between the consumer and the GO organizer arises from an agreement that meets the legal requirements for a valid contract, thereby establishing rights and obligations for both parties. Although the practice of purchasing merchandise via GO pre-order systems is not explicitly regulated by Indonesian legislation, consumers remain entitled to legal protection under the provisions of the Indonesian Civil Code (KUHPer) and Law Number 8 of 1999 concerning Consumer Protection; thus, they possess a legal basis to demand the fulfillment of their rights and seek redress for any losses incurred.