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INDONESIA
LOIS: Jurnal Hukum dan Humaniora
Published by Yayasan Pendidikan Aksara Cendikia
ISSN : -     EISSN : -     DOI : -
Core Subject :
Focus and Scope  1.⁠ ⁠Constitutional Law and Administrative Law  2.⁠ ⁠International Law and Human Rights Law  3.⁠ ⁠Customary Law, Islamic Law, and Environmental Law  4.⁠ ⁠Criminal Law, Civil Law and Digital Law  5.⁠ ⁠Legal analysis of legislation and its implementation  6.⁠ ⁠Philosophy, History, and Culture  7.⁠ ⁠Gender Studies and Feminism  8.⁠ ⁠Sociology and Cultural Anthropology  9.⁠ ⁠Linguistics, Literature, and Media Studies 10.⁠ ⁠Ethics, Religion, and Human Values
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Articles 6 Documents
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Search results for , issue "vol. 1 no. 2 (2026)" : 6 Documents clear
LEGAL PROTECTION FOR COMPOSERS OF SONGS THAT HAVE NOT BEEN REGISTERED WITH THE DIRECTORATE-GENERAL OF INTELLECTUAL PROPERTY ANTON SUJATMIKO
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 2 (2026)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

This research aims to uphold copyright protection, as copyright represents the creative works of individuals or groups and recognizes their achievements through legal recognition. It is expected that creators will be protected under Law Number 28 of 2014, particularly Article 40 paragraph (3), which regulates the protection of works that have not been published or announced but have been realized in tangible form. However, this provision still creates ambiguity, especially regarding copyrights that have not been formally registered. This research employs a normative juridical method with a legislative approach. The findings demonstrate that the concept of legal protection for song copyrights that remain unregistered with the Directorate General of Intellectual Property Rights (DJKI) but have already been published to the public still requires greater legal certainty. The author investigated relevant legal regulations and laws to explain the legal consequences for song creators whose works contain elements of similarity or have been plagiarized by third parties. While Law Number 28 of 2014 establishes a framework for copyright protection, there is currently no legal certainty guaranteeing protection for works that have not been registered with copyright authorities. This is because the concept of exclusive rights as inherent and natural rights provides the meaning that such rights serve as a guarantee for every creator to obtain legal protection.  
CRIMINAL LIABILITY OF PERPETRATORS OF ENVIRONMENTAL POLLUTION OFFENCES THROUGH ARTISANAL AND SMALL-SCALE MINING ACTIVITIES IN RURAL AREAS MUH. DHANI AKBAR; SYAMSUDDIN
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 2 (2026)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Artisanal and small-scale mining (ASM) activities in rural areas contribute to the local economy, yet they are frequently conducted with rudimentary technology and inadequate supervision, thereby triggering environmental pollution, particularly affecting soil and river bodies that serve as community water sources. This study aims to analyse the forms of criminal liability borne by perpetrators of environmental pollution arising from people’s mining activities in rural areas, the legal bases applied, and the obstacles encountered in their enforcement. The primary normative framework refers to Law Number 32 of 2009 on Environmental Protection and Management (UU PPLH) and Law Number 3 of 2020 on the Amendment to Law Number 4 of 2009 on Mineral and Coal Mining (UU Minerba), both of which impose obligations on mining business actors to prevent pollution and environmental damage and threaten criminal sanctions for unlicensed mining activities and violations of environmental standards. The method employed is normative-empirical legal research, examining statutory provisions and relevant court decisions, supplemented by field data drawn from cases of people’s mining that have caused river pollution in several rural regions. The findings indicate that perpetrators of environmental pollution resulting from people’s mining can be held criminally liable either as individual offenders or as business operators; however, implementation in the field remains weak owing to the socio-economic circumstances of the miners, limited supervisory capacity, and overlapping authority among institutions. This study recommends the strengthening of environmental criminal law enforcement, balanced with the structuring of people’s mining areas, enhanced supervisory capacity, and a restorative justice approach that continues to place the “polluter pays” principle as its foremost guiding tenet.
LEGAL LANGUAGE IN DIGITAL MEDIA COVERAGE OF THE NURHADI CASE: A CRITICAL DISCOURSE ANALYSIS OF POLICE ACCOUNTABILITY AND INSTITUTIONAL LEGITIMACY ARIFUDIN
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 2 (2026)
Publisher : Yayasan Pendidikan Aksara Cendikia

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This article examines the construction of legal discourse in online media coverage of the death of Brigadier Muhammad Nurhadi at Villa Tekek, North Lombok, allegedly resulting from abuse committed by his superior officers. Drawing on Norman Fairclough’s Critical Discourse Analysis (CDA), the study examines three interrelated dimensions: textual practice, discursive practice, and social practice. At the textual level, media framing relies on legalistic diction such as “suspect” and “investigation” that foregrounds procedural aspects of the case while obscuring substantive accountability. At the discursive practice level, the analysis reveals heavy media reliance on institutional sources, which reproduces police narratives while marginalizing the voices of the victim’s family and civil society. At the social practice level, the findings reveal asymmetrical power relations in which legal discourse functions to legitimize institutional authority rather than to encourage transparency. This research contributes to critical studies of legal language in journalism by illustrating how legal-bureaucratic discourse can simultaneously construct and obscure institutional accountability in cases of alleged state-apparatus violence.  
LEGAL TRANSFORMATION IN THE DIGITAL AGE: ETHICAL CHALLENGES AND THE ADMINISTRATION OF JUSTICE IN INDONESIA ABDUL SALAM
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 2 (2026)
Publisher : Yayasan Pendidikan Aksara Cendikia

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The rapid development of digital technology has significantly influenced Indonesia’s legal system. This transformation affects not only law enforcement mechanisms but also raises new challenges in ethics, data protection, and social justice. This article explores how law adapts to digital phenomena such as cybercrime, electronic transactions, and artificial intelligence. Using a normative and comparative approach, it emphasizes the need for inclusive legal reform and the importance of moral integrity in applying modern technology. The findings indicate that strengthening ethical awareness and updating regulations are essential to maintaining justice in the digital era. 
LAWS AND PENALTIES FOR PERPETRATORS OF CHILD EXPLOITATION: CASE ANALYSIS AND IMPLICATIONS FADLURRAHMAN YASUB
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 2 (2026)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Child exploitation remains one of the most persistent violations of children's rights in Indonesia, threatening the physical, psychological, and social development of the nation's youngest citizens. This study examines the legal framework and criminal sanctions imposed on perpetrators of child exploitation in Indonesia, together with the broader implications of law enforcement, through an analysis of judicial decisions and the prevailing statutory regime, most notably Law Number 35 of 2014 on Child Protection. Employing a normative juridical method supported by case-study analysis of court rulings and a review of contemporary scholarship, the research finds that although the legal architecture has been substantially strengthened over the past decade extending from physical and sexual exploitation into online and financially facilitated forms of abuse the practical enforcement of these rules continues to be hampered by evidentiary difficulties, inter-agency fragmentation, and resource constraints (Nelson and Santoso 2025; Sofian 2025). The findings further indicate that economic hardship, weak inter-agency coordination, and the rapid expansion of digital financial services have created new vectors for exploitation that existing institutions are still struggling to address (Wahyu 2025; Putri 2024). The study concludes that meaningful protection of children requires not only the continued refinement of substantive criminal law but also a coordinated, technologically literate, and victim-centered approach to enforcement.
THE EXISTENCE OF CUSTOMARY LAW: THE HISTORY OF INDONESIAN LAW IN THE PRE-COLONIAL PERIOD DZURRIATAN THOIBAH; MUHLIS RAMADHAN; SABRIN; SAHRIR RAMADHAN; TAUFIK FIRMANTO
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 2 (2026)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

Customary law forms a fundamental basis of Indonesia’s legal system, rooted in the social, cultural, and spiritual values of the archipelago’s communities. During the pre-colonial period, customary law functioned not only as a set of legal norms but also as a moral guide and governance system within local societies. This paper explores the existence of customary law in pre-colonial Indonesia by examining social structures, principles of justice, and dispute resolution mechanisms across different regions. Using a historical approach and qualitative analysis of classical sources, the study reveals that customary law embodies harmony among humans, nature, and transcendent forces. The findings affirm that customary law remains a core element of Indonesia’s legal identity, preserving its relevance amid modernization and legal pluralism.

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