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Jurnal Hukum dan Konstitusi
Published by anwarpublisher
ISSN : 31097359     EISSN : 31097359     DOI : https://doi.org/10.64272/hm8f2b42
Core Subject :
Jurnal Hukum dan Konstitusi is an open access and peer-reviewed journal that aims to disseminate the results of research or conceptual studies on criminal verdicts, criminal justice, human rights crimes, child criminal cases that conflict with the law, and correctional.
Arjuna Subject : -
Articles 35 Documents
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Tinjauan Yuridis terhadap Kebijakan Tindakan Tembak Mati Terhadap Pelaku Begal di Kota Medan dalam Perspektif Hukum Pidana dan Hak Asasi Manusia Annisa Nur Aziza; Novan Rizky Ramadan
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 3 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/dfq6s395

Abstract

The escalation of violent street crimes, specifically "begal" robberies, in Medan, Indonesia, has led to the emergence of shoot-to-kill policies as a controversial crime prevention measure. While proponents argue that such actions are necessary to restore public safety, they have sparked significant legal and ethical debates, particularly concerning human rights protections, notably the right to life as enshrined in the 1945 Constitution of Indonesia and binding international human rights instruments. This study examines the legality and legitimacy of shoot-to-kill actions against begal offenders from the perspective of national criminal law and human rights. Employing normative legal research with a statutory and conceptual approach, this research concludes that the use of lethal force by law enforcement officers is only justified under exceptional circumstances, strictly adhering to the principles of proportionality, legality, and accountability, as mandated by both national regulations and international standards. Extrajudicial killings carried out outside the framework of due process of law constitute a serious violation of human rights and undermine the rule of law. Therefore, addressing begal crimes requires a balanced approach that combines firm yet lawful law enforcement with preventive measures, social empowerment, and structural legal reforms to ensure justice that is consistent with the rule of law and respect for fundamental human rights.
Alternative Criminal Actions Carried Out by Community Guidance Officers for Children in Conflict with the Law at the Class I Serang Correctional Facility: Upaya Pidana Alternatif Yang Dilakukan Pembimbing Kemasyarakatan Terhadap Anak Yang Berkonflik Dengan Hukum di Bapas Kelas I Serang Tubagus Haekal Er Ghifari; Umar Anwar
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 3 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/1436xw40

Abstract

Based on 2024 data, the Class I Correctional Center (Bapas) in Serang handled 34 children sentenced to imprisonment in the Juvenile Correctional Institution (LPKA), while only 18 children received alternative sentencing. This indicates that the principle of restorative justice, as mandated by Law No. 11 of 2012 on the Juvenile Criminal Justice System (UU SPPA), has not been fully implemented, as imprisonment remains the dominant form of case settlement. This study aims to analyze the role of Community Counselors (Pembimbing Kemasyarakatan/PK) in promoting alternative sentencing for children in conflict with the law, particularly at Bapas Class I Serang. Using a qualitative method with a juridical-empirical approach, data were collected through interviews, observations, and documentation. The findings reveal that PKs play a crucial role in the alternative sentencing process, including preparing social inquiry reports (litmas), providing recommendations to judges, assisting children during legal proceedings, and supervising the implementation of alternative sanctions. However, several obstacles remain, such as the limited understanding of restorative justice among law enforcement officers, resource constraints within Bapas, and a lack of community and institutional support for child rehabilitation. Therefore, this study recommends continuous training for law enforcement, strengthening Bapas through increased numbers of PKs and supporting facilities, and expanding collaboration with educational, social, and religious institutions. These efforts are expected to enhance the effective and humane implementation of alternative sentencing, supporting the objectives of the UU SPPA in ensuring child protection and comprehensive social reintegration.
Jamu and the Protection of Traditional Knowledge in Indonesia Legal Perspective Agung Sujatmiko
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 4 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/43ded358

Abstract

The protection of traditional medicines such as jamu presents a complex legal challenge in Indonesia, where the Patent Law (Law No. 13/2016) requires novelty, inventive steps, and industrial applicability, criteria that often exclude community-based traditional knowledge. This creates tension with the objectives of the TRIPS Agreement, particularly Article 7, which seeks to balance innovation with the transfer and dissemination of knowledge for social and economic welfare. The objective of this study is to analyze the adequacy of Indonesia’s current patent regime in safeguarding traditional medicines and to assess the necessity of a sui generis legal framework. The research adopts a normative juridical method, examining international instruments such as TRIPS and the Convention on Biological Diversity (CBD), alongside national regulations, including the Patent Law and the draft Bill on the Protection of Traditional Knowledge and Traditional Cultural Expressions (PTEBT). Results The results reveal that patents, being individualistic and profit-oriented, are structurally incompatible with traditional knowledge, which is communal, intergenerational, and tied to cultural identity. Comparative insig hts from the Philippines and other jurisdictions further demonstrate that alternative mechanisms such as traditional knowledge registries and sui generis protection are more effective in preventing biopiracy and ensuring equitable benefit-sharing. The study concludes that while the patent system contributes to innovation, it cannot adequately safeguard traditional medicines. Therefore, Indonesia must accelerate the establishment of a sui generis regime that harmonizes with TRIPS flexibilities while recognizing local wisdom as a vital national asset.
The Role of Social Work in Corrections to Address Prison Overcrowding Following the Enactment of the New Criminal Code: Peran Kerja Sosial Dalam Pemasyarakatan untuk Mengatasi Masalah Overcapacity Penjara Pasca-Pemberlakuan KUHP Terbaru Muhammad Qaedi Rifqi Nuranda
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 3 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/a0f1q441

Abstract

Overcrowding in Indonesia’s correctional facilities has become a significant issue following the implementation of the latest Indonesian Penal Code (KUHP). The increasing number of inmates has led to a decline in the quality of corrections and heightened the risk of ineffective rehabilitation. This study aims to explore the role of community service in addressing prison overcrowding, considering the policy changes under the new KUHP. A qualitative approach was employed, analyzing correctional policies and the application of community service in Indonesia. Data was collected through interviews with correctional facility representatives and legal analysts. The results show that community service can be an effective alternative punishment for low-risk offenders. Implementing community service helps reduce the inmate population and offers better opportunities for social rehabilitation. Furthermore, community service facilitates the reintegration of inmates into society post-sentence. In conclusion, community service can be an efficient solution for alleviating prison overcrowding, improving correctional quality, and supporting the reforms of the Indonesian legal system under the new KUHP.
Doxing as a Cybercrime: A Comparative Study Between Indonesia and Singapore: Doxing Sebagai Kejahatan Siber: Studi Komparatif Antara Indonesia dan Singapura Ranisa Diati; Irwan Triadi
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 4 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/43ax5b53

Abstract

The development of digital technology has given rise to new forms of crime that have not been fully anticipated by traditional legal systems. One increasingly prevalent phenomenon is the practice of doxing, which is the act of disclosing and disseminating someone's personal information without permission for a specific purpose, often to harass, intimidate, or harm the victim. The purpose of this study is to analyze doxing as a form of cybercrime from the perspective of Indonesian and Singaporean law. In Indonesia, regulations regarding doxing have not been specifically regulated, but can only be prosecuted through Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and its amendments, and Law Number 27 of 2022 concerning Personal Data Protection (UU PDP). In contrast, Singapore has been more progressive by explicitly prohibiting doxing through the Protection from Harassment Act (POHA) of 2014, which was later updated. The normative-comparative legal research method compares the legal constructions of Indonesia and Singapore in addressing doxing and examines the urgency of establishing specific regulations in Indonesia. The research findings indicate that Indonesia's regulations remain general and do not provide adequate legal certainty, while Singapore has succeeded in providing more concrete legal protections for doxing victims. The researchers recommend that Indonesia immediately formulate specific regulations regarding doxing, either through a revision of the UU ITE or the creation of a new law on cybercrime.
Implementation of Restorative Justice in the Crime of Child Fighting with the Victim Resulting in Death: Penerapan Restorative Justice Tindak Pidana Perkelahian Anak Dengan Korban Meninggal Dunia Efika Simatupang; Irwan Triadi
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 4 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/c02g6214

Abstract

The research examines the juridical reasons in the Jambi District Court Judge's Decision involving a child perpetrator who was charged with abuse that resulted in death. There is a significant gap between prosecutors' demands, which are based on retributive justice, and court decisions that emphasize restorative justice. These differences illustrate the normative tension between punitive approaches and the protection of children's rights. Using a normative juridical method with a case study approach, this research explores judges making legal discoveries through teleological interpretation and normative construction to reconcile conflicting legal paradigms. Results Discussion shows that courts prioritize restorative measures, including probation and social obligations, over prison sentences. This approach is not only in line with international trends in juvenile justice but also demonstrates the active role of judges in filling legal gaps by integrating classical criminal law with modern restorative principles. The conclusion is that these decisions strengthen the restorative paradigm in juvenile justice, although there are still challenges in ensuring consistency, balancing victims' rights, and meeting society's demands for retribution. The implications highlight the need for harmonization of penal policies and wider acceptance of restorative practices.
Analysis of Child Development Policy at LPKA Class II Batam Based on the Principle of the Best Interests of the Child: Analisis Kebijakan Pembinaan Anak di LPKA Kelas II Batam Berdasarkan Prinsip Kepentingan Terbaik Bagi Anak Analisis Kebijakan Pembinaan Anak di LPKA Kelas II Batam Berdasarkan Prinsip Kepentingan Terbaik Bagi Anak M.N. Patricia Simanjuntak; Djuwita Deffrilia
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 3 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/ysab0332

Abstract

Since Indonesia ratified the Convention on the Rights of the Child (CRC), the best interest of the child has become the normative foundation for juvenile justice and correctional systems. This article critically analyzes the implementation of child rehabilitation policies at the Class II Juvenile Correctional Facility (LPKA) in Batam, focusing on the consistency of its programs with the principles mandated by the CRC, the Juvenile Justice System Law (UU No. 11/2012), and the Correctional Law (UU No. 22/2022). Using a normative juridical method and document-based legal analysis, this study reveals that while educational and vocational programs are routinely implemented, essential aspects such as psychosocial counseling and structured social reintegration remain inadequate. The findings identify legal and administrative gaps that weaken the alignment between ideal norms and real practices. Key obstacles include limited professional counseling, weak family involvement, and the absence of integrative support systems after release. The study emphasizes the importance of policy harmonization between the SPPA Law and the Correctional Law through specific ministerial regulations. Theoretically grounded in the child protection framework of Eglantyne Jebb, Talcott Parsons’ functionalism, and the doctrine of parens patriae, this study contributes a contextual evaluation framework for improving correctional approaches based on restorative and child-centered principles. It proposes that LPKA Batam should transition from institutionalized models to community-based rehabilitation systems that emphasize long-term well-being and social reintegration.
The Role of Correctional Cadets in Actualizing Civic Education for Social Reintegration: Peran Taruna Pemasyarakatan Dalam Aktualisasi Pendidikan Kewarganegaraan Untuk Reintegrasi Sosial Farah Fidela; M. Dzaky Taruna; Benaya Jeriko Sitorus; Salim Insanul Mutaqin; Irfan Tomi Maratta
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 4 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/c540sk70

Abstract

Civic education serves as a strategic instrument for cultivating legal awareness, moral integrity, and national values, including within correctional institutions that face structural problems such as overcrowding and social stigma toward inmates. This study aims to analyze the strategic role of correctional cadets, as prospective civil servants in the corrections sector, in actualizing civic education as a means of fostering national values and supporting the social reintegration of inmates. The research employs a descriptive qualitative method with a library research approach, following Zed procedures involving the collection, critical reading, and synthesis of primary and secondary sources. Data were gathered from laws and regulations, official documents of the Directorate General of Corrections, and national and international academic literature, then analyzed using qualitative content analysis through reduction, thematic categorization, and conclusion drawing. The findings indicate that correctional cadets perform a dual role as learning facilitators, behavioral-change motivators, and exemplars of national values, while also functioning as mediators between correctional institutions and the community in the social reintegration process. Structural challenges such as facility overcrowding, limited field competency, and persistent social stigma hinder the optimal performance of this role, indicating the need for capacity strengthening through pedagogical training, cross-institutional collaboration, and supportive policy from the Ministry of Law and Human Rights grounded in the restorative justice paradigm embedded in Law Number 22 of 2022 concerning Corrections.
Actualization of Pancasila Democracy in the Lives of Cadets of Politeknik Pengayoman Indonesia: Aktualisasi Demokrasi Pancasila Dalam Kehidupan Taruna Politeknik Pengayoman Indonesia Muhammad Hasan Al Madani; M. Abizar Alghiffari; Alghiffari .; Mohammad Bhamakerti Edra Prasetyo; Willy Virman Sakradeo Hamonangan Sibuea
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 3 (2026): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/1f3ym103

Abstract

This study aims to describe the actualization of Pancasila Democracy values in the lives of cadets at the Indonesian Correctional Polytechnic (Politeknik Pengayoman Indonesia/Poltekpin). Pancasila Democracy is implemented through the values of popular sovereignty, deliberation, social justice, participation, the protection of human rights, the prevention of oligarchy, the balance between freedom and justice, and sustainable development, all of which are reflected in the daily lives of cadets within the official higher education environment. This study employs a normative legal research method using a qualitative approach through a literature review of various academic sources and institutional policies, including legislation, scientific journals, books, and official documents relevant to the research topic. The findings indicate that the values of Pancasila Democracy are actualized in the lives of cadets through deliberative decision-making, fair disciplinary practices, respect for differences of opinion, active participation in cadet organizations, and social activities that foster a spirit of togetherness. This actualization is reflected in the cadet organizational system, leadership selection mechanisms, character-building programs, and social interactions that promote deliberation, responsibility, solidarity, and democratic leadership. This study confirms that Pancasila Democracy has been meaningfully actualized in the lives of Poltekpin cadets. However, its implementation still needs to be strengthened through the optimization of Pancasila-based character education, the development of more participatory and well-structured deliberative forums, democratic leadership education, and the integration of Pancasila-based digital literacy into the character education curriculum in order to develop cadets who are democratic, responsible, socially just, and committed to upholding human rights.
Enhancing Indonesian Insight Through Education as the Foundation for the Formation of National Identity and Participation in Global Relations: Peningkatan Wawasan Nusantara Melalui Pendidikan sebagai Pondasi Pembentukan Jati Diri Bangsa dan Partisipasi dalam Pergaulan Dunia Wisista Sekar Maheswari; Riwa Gatra Limba; Muhammad Nugrah Dwijaya; Ponco Prabowo; Dana Fikhar Arifin
JIC : Jurnal Hukum dan Konstitusi Vol. 2 No. 2 (2026): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/rgjbeb95

Abstract

Education serves not only as a means of transferring knowledge but also as a strategic instrument in shaping national awareness and strengthening national unity. Through the curriculum, students are introduced to the diversity of regions, cultures, and Indonesian society, enabling them to understand the importance of maintaining the integrity of the Unitary State of the Republic of Indonesia. Learning materials that address contemporary issues, such as the challenges of globalization, the threat of disintegration, and the influence of foreign cultures, help students understand the relevance of the Archipelago Insight in modern life. In this process, teachers act as facilitators, guiding students to develop a strong national identity and national attitude. This study used a library research method. The results indicate that strengthening national values ​​can be achieved through classroom learning, extracurricular activities, educational visits, digital literacy, and the use of history as a means of building a sense of belonging to the nation. Education not only equips students with knowledge but also shapes character, moral responsibility, and the ability to live side by side in diversity. Although its implementation needs to be adapted to the local conditions of each region, education remains the primary means of instilling love for the homeland, a spirit of mutual cooperation, and respect for differences. Thus, strengthening the Indonesian Archipelago Insight through education is an important step to maintain the nation's identity while preparing a generation that has character, is competitive, and is able to actively participate in global relations.

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