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Fakultas Hukum Universitas Wiraraja Jalan Raya Sumenep Pamekasan KM. 5 Patean Sumenep 69451
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INDONESIA
Jurnal Jendela Hukum
Published by Universitas Wiraraja Sumenep
ISSN : 23555831     EISSN : 23559934     DOI : https://doi.org/10.24929/fh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL JENDELA HUKUM ini diterbitkan berkala Oleh Fakultas Hukum Universitas Wiraraja Sumenep sebagai media komunikasi dan pengembangan ilmu. Fakultas Hukum menerima naskah tulisan ilmiah berupa hasil penelitian, konseptual, dan telaah buku baru di bidang Hukum. Tulisan yang dimuat merupakan karya asli penulis, bukan mencerminkan pendapat dari pihak Fakultas Hukum. Penulis bertanggung jawab atas tulisannya yang dimuat pada jurnal ini. Fakultas Hukum berhak menerima, menolak, atau mengadakan koreksi tanpa mengubah maksud tulisan. Frekuensi Terbit Setahun 2 kali (April dan September)
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
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PERAN CIVIL SOCIETY DALAM DEMOKRASI INDONESIA Yanti, Sri; Giyono, Urip

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4221

Abstract

Civil Society is considered as a central actor in the democratization process. For example, it can assess the weak role of state institutions, ideological indoctrination, and restrictions on human rights by the government. Over time, the role of civil society can be said to be not good because riots still occur in demonstrations. This writing aims to describe the role of Civil Society in democratic life in Indonesia. This research is qualitative descriptive. Data collection techniques use literature studies. The results of the study show that the role of civil society is: (a) as a complement to the role of the state, namely advancing welfare; (b) as a substitute, namely carrying out activities that have not/have not been carried out by the state in serving the interests of the community; (c) as a counter-power to the state in the form of supervision.
ANALISIS POTENSI PELANGGARAN HAM PADA KASUS PENYELUNDUPAN NARKOBA DALAM PESPEKTIF POLITIK HUKUM Setyadi, Yusuf; Isa, Faiq Rahman; Anshori, Anshori; Prayoga, Hendra; Salman, Moh.; Nafiki, Nafiki; Nurajizah, Fitri

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i1.4222

Abstract

Law enforcement in drug smuggling cases in Indonesia often faces serious challenges that have the potential to violate human rights (HR). These violations may occur at various stages of the legal process, including arrest, investigation, and sentencing, particularly against vulnerable suspects. In this context, legal political policies are a key element in ensuring that law enforcement aligns with HR principles. However, concerns remain regarding the extent to which these policies integrate HR protections while facing implementation challenges such as lack of oversight, limited awareness among law enforcement officers about HR values, and political and social pressures. This study aims to analyze the potential HR violations in handling drug smuggling cases, evaluate the existing legal political policies, and identify the obstacles and relevant solutions to enhance HR protection. This research employs a normative juridical method by analyzing legislation, policy documents, and case studies. The findings reveal that potential HR violations in drug smuggling cases often involve actions such as torture, arbitrary detention, and limited access to legal assistance. Indonesia's legal political policies indicate the existence of regulations incorporating HR principles, yet their implementation remains suboptimal due to weak oversight and gaps in law enforcement practices. Key obstacles include limited capacity of law enforcement officers, budget constraints, and social stigma against drug offenders. To address these issues, it is necessary to improve training for law enforcement officers, strengthen oversight mechanisms, and revise policies to ensure comprehensive integration of HR protections into the legal process.
EFEKTIVITAS PERATURAN DAERAH NOMOR 3 TAHUN 2018 TERHADAP PARKIR LIAR DI KOTA SURABAYA Satria Martin, Ifan Wahyu; Saputra, Lucky Hergiantoro; Bintang, Mochamad Laksana; Wulandary, Gheogita

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4659

Abstract

As a metropolitan city and the center of government of East Java, Surabaya faces serious problems related to increasing illegal parking. Although Regional Regulation Number 3 of 2018 concerning Parking Implementation has been issued, illegal parking practices are still rampant in various places such as minimarkets, pharmacies, and sidewalks. This study uses normative legal methods to analyze the effectiveness of the regulation. The results show that the surge in the number of vehicles and the lack of official parking facilities are the main causes of the emergence of illegal parking. This practice is often carried out by unlicensed individuals, and the lack of law enforcement worsens the situation. Public views vary—some feel disadvantaged, but others sympathize with illegal parking attendants from the lower economic class. The lack of socialization of the Regional Regulation and the lack of officers in the field also hamper the effectiveness of this policy. The study recommends increasing the socialization of regulations, stricter law enforcement, the use of technology such as CCTV, and the addition of official parking areas. Public awareness to obey the rules also needs to be increased. With collaboration between the government, authorities, and the community, it is hoped that a more orderly and fair parking system will be created in Surabaya.
HAK WARIS ANAK DILUAR NIKAH PERSFEKTIF HUKUM ISLAM DAN PERDATA Pratama, Widhy Andrian; Yuliani, Adis Nevi; Pusvita, Djulya Eka; Murdiono, Murdiono

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4660

Abstract

An illegitimate child refers to a child born from a relationship outside of a legal marriage at a certain time. The status and position of the child are highly dependent on the legality of the marriage of his parents. Based on National Law, a marriage is considered valid if it is registered by an authorized institution or agency. A child born out of wedlock only has a legal relationship with his mother and is entitled to inherit property from the mother's side. If the child's blood relationship with his biological father is severed, then the child's inheritance rights only apply to the mother's family, and not to the biological father's family. Therefore, an illegitimate child is not entitled to receive an inheritance from his biological father. However, this provision only applies in terms of the distribution of inheritance to illegitimate children. The recipient of the inheritance is an individual who has legal inheritance rights, such as Zawil Khurd and Zawir Alham. This article adopts a normative research approach, which utilizes literature and books as sources to analyze doctrine from a normative perspective. In the study of normative law, the main focus lies on understanding the essence and scope of law as a system that studies reality. This discipline involves two aspects, namely analytical and normative, with law included in this category. It can be concluded that illegitimate children have the right to inherit together with heirs from groups I, II, III, or IV, and can receive inheritances even though they come from groups with different degrees. However, in certain situations, if heirs from groups I to IV do not leave descendants and there are only illegitimate children, then the legitimate illegitimate children are recognized as heirs who have the right to receive all inheritance, in accordance with the provisions of Article 865 of the Civil Code. In marriage law, the legal status of illegitimate children is regulated by Law Number 1 of 1974, specifically Article 43 paragraph (1), which states that illegitimate children only have a civil relationship with their mother and family. Therefore, illegitimate children are only legally bound to their mother and family, without any legal relationship with the father who raised them.
KEWAJIBAN ADVOKAT MEMBERI BANTUAN HUKUM PRODEO BAGI WARGA MISKIN Sari, Tina Permata

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4661

Abstract

The obligation of advocates to provide free legal assistance (prodeo) is a crucial instrument to ensure the principle of access to justice for the poor. Although normatively regulated in Article 22 of Law Number 18 of 2003 on Advocates and reinforced by Law Number 16 of 2011 on Legal Aid, its implementation has yet to reflect substantive justice. The legal issue addressed in this study lies in the gap between ideal legal norms and practical realities, where prodeo legal assistance remains ineffective due to weak professional commitment, limited institutional support, and low legal literacy among the poor. This study aims to analyze the legal basis of advocates' obligation to provide prodeo legal aid, evaluate its practical implementation, and propose solutions to the challenges encountered. This research uses a normative-empirical legal method. The results show that the implementation of the prodeo obligation still faces structural and cultural obstacles, such as lack of oversight, underperformance of professional organizations, uneven distribution of legal aid institutions, and insufficient awareness among advocates and the public regarding the right to legal aid. To overcome these issues, it is necessary to strengthen regulations, provide appropriate incentives, enhance the capacity of legal aid institutions, and expand public legal education. These efforts represent not only a normative legal obligation but also a constitutional and moral responsibility to realize justice that is inclusive and accessible to all citizens.
PENGANGKUTAN BBM BERSUBSIDI DITINJAU DARI UNDANGAN UNDANGAN REPUBLIK INDONESIA NOMOR 22 TAHUN 2001 TENTANG MIGAS Erfandi, Erfandi; Fithry, Abshoril; Rusfandi, Rusfandi

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4662

Abstract

Transportation of subsidized fuel oil (BBM) is a crucial element in the distribution of national energy that aims to provide affordable energy for the community. However, the Law of the Republic of Indonesia No. 22 of 2001 concerning Oil and Gas (Uu Migas) only regulates the transportation of fuel from upstream to downstream through the pipeline, without including the distribution of the Public Fuel Filling Station (SPBU) to small businesses and end consumers. The vacancy of this norm raises a vulnerable legal gap of being misused, inhibiting the achievement of subsidized fuel distribution that is on target. This study aims to examine the legal regulation of subsidized fuel transportation from gas stations to final consumers according to the Oil and Gas Law and assess the implementation of law enforcement in the field. The method used is a normative juridical approach with qualitative analysis of legislation, legal doctrine, and secondary legal material. The results showed that the Oil and Gas Law has not provided a clear regulation on the last transportation stage of subsidized BBM, which has an impact on the weakness of supervision and the rise of distribution deviations. Also found involvement of unscrupulous officials in illegal practices that aggravate the situation. Thus, more comprehensive regulation updates are needed and consistent law enforcement so that subsidized fuel distribution can run fairly, transparently, and in accordance with national energy policy objectives.
TANGGUNG JAWAB DEVELOPER YANG WANPRESTASI DALAM PERJANJIAN PENGIKATAN JUAL BELI PERUMAHAN Pratama, Widhy Andrian; Widyaningsih, Halimah Endang

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4663

Abstract

The implementation of landed house construction by developers still relies on conventional construction methods or on-site construction. This method is a construction technique that has long been known and widely used, and is supported by the availability of experts and construction service providers who are competent in planning and implementation. However, this method is not free from weaknesses, including uncertainty in determining the technical specifications of the building accurately. In addition, the implementation process also has the potential to experience increased costs, especially when disrupted by external factors such as uncertain weather conditions. This article uses a normative approach, which focuses on the analysis of law as a system of rules that are binding and serve as guidelines in community life. Therefore, the normative legal approach focuses on the analysis of positive law, legal principles and doctrines, legal interpretation in concrete cases, the structure of the legal system, harmonization of legal norms, comparative legal studies, and historical aspects of the legal system being studied. This research is descriptive-analytical. From this research, it can be concluded that the legal implications of the implementation of the pre-project selling system arise when business actors do not carry out their obligations as determined, so that it can cause objections or complaints from consumers if the results received are not in accordance with the agreement in the sale and purchase contract. In an agreement, a business actor is said to have made an achievement if he is able to carry out his obligations properly. Conversely, if he fails to carry out his responsibilities, then this condition is called a breach of contract. A breach of contract is a form of non-compliance with an agreement that has been agreed upon, and this gives the injured party the right to claim compensation as a form of accountability for the violation
PERLINDUNGAN HUKUM BAGI KORBAN ATAS KEBOCORAN PUSAT DATA NASIONAL SEMENTARA (PDNs) PERSPEKTIF PERLINDUNGAN DATA PRIBADI Chushairi, Slamet Mahfud; Fithry, Abshoril; Rusfandi, Rusfandi

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4664

Abstract

The advancement of information technology has accelerated the digitalization of data across various sectors, including government institutions. However, this digital transformation also increases the risk of violations against citizens' privacy rights, particularly through personal data breaches. The data breach incident involving the Temporary National Data Center (PDNs) in 2023 serves as a real example of the state's weak data governance, which directly impacts the legal protection of affected individuals. This research aims to analyze the urgency of legal regulation for victims of data breaches from the perspective of Law Number 27 of 2022 concerning Personal Data Protection (PDP Law), as well as to elaborate on the legal consequences of such violations. This study employs a normative juridical method with a statutory and case approach. The findings reveal that although the PDP Law regulates the rights of data subjects—including the right to information, breach notification, and compensation—the implementation in the PDNs case remains inadequate. The government, as a data controller, failed to transparently notify victims and has not provided sufficient legal remedies. Furthermore, the absence of the Personal Data Protection Authority (PDPA) has resulted in a lack of supervision and enforcement. The legal consequences for violations by state institutions are ineffective, despite the PDP Law providing for administrative, civil, and even criminal sanctions. Keywords: Personal Data Protection. PDNs. PDP Law.
IMPLIKASI HAK ATAS TANAH MASYARAKAT ADAT DALAM PENYELENGGARAAN KEGIATAN PERTAMBANGAN MINERBA DI INDONESIA Mustofa, Ragil; Anita, Anita

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4665

Abstract

Mineral and coal mining (minerba) is a very important industry and plays a major role in the national economy. However, in practice, mining activities often cause disputes with land rights holders, both individuals and communities. These disputes are generally caused by overlapping between mining rights granted by the government and land rights recognized by law. This study aims to examine the legal framework governing land rights in minerba mining operations and highlight the legal consequences arising from disputes between holders of Mining Business Permits (IUP) and landowners or land controllers. The study employs a normative approach using a legal framework and case analysis. In this case, it shows that the lack of harmony between mining law and land law has caused legal uncertainty, especially for communities living in mining concession zones. The state, which has authority over natural resources, often ignores the principles of distributive justice and protection of land rights. Therefore, it is important to harmonize the provisions of the Minerba Law with the Basic Agrarian Law, as well as establish a fair and inclusive dispute resolution process. This study urges the enhancement of land rights recognition within the mining licensing framework to improve legal clarity and social justice.
PERSEPSI DAN SIKAP MAJELIS ULAMA INDONESIA (MUI) TERHADAP SOUND HOREG SERTA KRITIK TERHADAP BUDAYA LOKAL Pratiwi, Annisa Rahma

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jjh.v12i2.4667

Abstract

The phenomenon of using high-capacity sound systems known as “sound horeg” at entertainment events, folk festivals, or commercial activities in Indonesia has sparked various debates. Its existence often causes controversy among Indonesians, especially after the issuance of a fatwa declaring it haram by the MUI. The MUI, as a religious organization that has a major impact in providing perspectives on social and community issues or polemics, has also responded to the prohibition and practice of using sound horeg. The purpose of this study is to analyze the MUI's views and attitudes towards the prohibition of sound horeg and to evaluate the impact of these attitudes on the preservation of local culture in Indonesia. This research applies a document analysis method by utilizing official MUI statements and relevant regulations, as well as conducting a comprehensive literature review on the issue of sound horeg, religious social dynamics, and local culture in Indonesia. Keywords : Sound Horeg, Social, Cultural Critique.

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