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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 11 Documents
 1   2 
ENHANCING THE SETTLEMENT OF MILD ASSAULT CASES THROUGH PENAL MEDIATION: LAW ENFORCEMENT PRACTICES BY THE WEST LOMBOK RESORT POLICE SIS NANDA KUS ANDRIANTO; NOVITA LISTYANINGRUM; IRPAN SURIADIATA; KARHOMA WIJAYA
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Law enforcement addressing small offenses, particularly minor assaults, is increasingly shifting from traditional judicial systems to restorative justice approaches utilizing prison mediation techniques. This study aims to elucidate the functioning of penal mediation at the West Lombok Resort Police level, the legal frameworks that underpin it, and the challenges encountered throughout its implementation. We employed interviews, field observations, and document analyses to obtain the data. The poll results indicate that criminal mediation relies on the mutual agreement of the victim and the perpetrator, with investigators serving as facilitators and overseers of the procedure. This is supported by the Chief of Police Regulation and the principle that investigators possess the autonomy to make independent decisions, as articulated in the Criminal Procedure Code and the Police Law. Punitive mediation incorporates community members, such as village leaders and Bhabinkamtibmas, to leverage local and societal values in problem resolution. 
NORMATIVE STUDY OF LAW ENFORCEMENT OF CAPITAL MARKET CRIMES IN THE INDONESIAN LEGAL SYSTEM JAMALUDIN; TATA ELIESTIANA DYAH A
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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This research aims to identify the qualifications of capital market criminal acts and analyze theirlegal enforcement within the framework of the Indonesian legal system. The type of research usedin this research is normative legal research using statutory and conceptual approaches. Theresearch results show that: 1) The qualification of criminal acts in the Capital Markets Lawincludes three main forms, namely criminal acts of fraud, market manipulation and insidertrading. These three types of criminal acts have special characteristics because they focus on themisuse of strategic information, not on material objects, so the process of proof requires in-depthprecision because the formulation of the offense is still abstract and not fully in line with thedevelopment of capital market crime modes which are increasingly complex and technologybased. 2) Law enforcement in the Indonesian capital markets sector still faces various obstacles,both from authority and technical aspects. Even though OJK has Polri and PPNS investigators,the effectiveness of investigations is still limited due to dependence on the KUHAP mechanism,inadequate technical capabilities of investigators, and sub-optimal inter-agency coordination.This condition makes case handling less responsive, so it is necessary to strengthen regulationsand institutional capacity
MUSLIM VOTER’S TRUST IN ISLAMIC PARTIES IN NORTH LOMBOK, NTB (2019 AND 2024) PAUZAN BASRI
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
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This study aims to explore the behavior and trust level of Muslim voters towards Islamic parties in North Lombok Regency during the 2019-2024 period. Employing a descriptive qualitative approach, data were collected through participatory observation, in-depth interviews with religious and community leaders, election organizers, as well as from official documents and voter data to ensure validity and depth. The findings reveal that despite the Muslim majority in the region, most Muslim voters tend to support nationalist parties rather than Islamic parties in legislative elections. Key factors influencing this preference include pragmatic voter considerations focusing on party performance, candidate quality, and tangible socio-economic programs. The roles of faith-based mass organizations are significant but their loyalty often aligns with influential leaders rather than exclusively supporting Islamic parties. Additionally, the dominant influence of traditional leaders and widespread money politics contribute to the nationalist parties' electoral dominance. This voter behavior reflects a complex interaction of ideological shifts, socio-cultural dynamics, leadership structures, and economic realities. Utilizing Muhammad al-Shatibi’s contemporary Maqasid al-Shariah framework, the study interprets this phenomenon as voters prioritizing welfare and justice aligned with the overarching goals of Shariah. Islamic parties are thus urged to reform strategies by enhancing community engagement, strengthening cadre capacity, and fostering inclusive partnerships to remain competitive and build sustainable voter trust in the evolving political landscape of North Lombok.
LGBT REGULATORY VOID: THE URGENCY OF FORMING LOCAL REGULATIONS WITH A HUMAN RIGHTS PERSPECTIVE YUDI SAPUTRA
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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The phenomenon of Lesbian, Gay, Bisexual, and Transgender (LGBT) remains a contentious sociolegal issue in Indonesia, including in Bima Regency, which has a strong socio-religious character.The absence of specific regulations regarding LGBT issues creates a legal vacuum, resulting inunclear handling and policy implications. This situation results in uncertain norms, weak lawenforcement, and an increased risk of social discrimination against LGBT groups. This study aimsto analyze the absence of LGBT regulations in Bima Regency and the urgency of establishingRegional Regulations that align with community needs and human rights principles. The methodused is normative juridical with statutory, conceptual, and comparative approaches. Primary legalmaterials include the 1945 Constitution, the Criminal Code, the Human Rights Law, and otherregional regulations related to LGBT issues. Secondary legal materials were obtained fromliterature, scientific articles, and research, while tertiary legal materials included legaldictionaries and news articles. Data analysis was conducted qualitatively through content analysis.The research findings indicate that the regulatory gap has led officials and the public to rely moreheavily on moral or customary standards, potentially repressive, and hindered access to healthcarefor groups at high risk of HIV/AIDS. Comparative studies have shown that regulations in otherregions emphasize prevention rather than rights protection. This research contributes to offeringa model for regional regulations that adapts to issues of morality and human rights. Therefore,balanced Regional Regulations are needed, taking local norms into account, ensuring the principleof non-discrimination, and serving as a social engineering instrument to prevent conflict, protectcitizens' rights, and strengthen legal certainty in Bima Regency.
HANS KELSEN'S PURE THEORY OF LAW AS A THEORETICAL PILLAR IN THE DYNAMICS OF THE MODERN LEGAL SYSTEM IN INDONESIA M. ISKANDAR; ANGGI PURNAMA TRADESA; TITI TANTRI
LOIS: JURNAL HUKUM DAN HUMANIORA Vol. 1 No. 1 (2025)
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This research was conducted with the aim of determining how Hans Kelsen's Pure Legal Theory fits into the Modern Legal Paradigm Based on Humanity and Social Justice. This research is a normative legal research. Normative legal research is often referred to as doctrinal legal research. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The existing legal materials were collected through literature studies, which were then normatively analyzed to answer the problems studied. The results of this research are that the application of Hans Kelsen's Pure Legal Theory in Indonesian law shows a process of adaptation and contextualization. Kelsen's stufenbau theory concept is relevant in explaining the hierarchy of laws and regulations. However, in terms of basic norms, Indonesia does not adhere to a neutral grundnorm, but rather places Pancasila as the source of all sources of law. In addition, customary law also plays an important role as part of Indonesia's legal pluralism, which is recognized by the constitution.
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)
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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)
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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)
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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)
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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)
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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.

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