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DiH : Jurnal Ilmu Hukum
Published by Universitas 17 Agustus 1945 Surabaya
ISSN : 02166534     EISSN : 2654525X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
DiH: Jurnal Ilmu Hukum is published by the by the University Law Faculty Doctor of Law Study Program August 17, 1945 Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. DiH: Jurnal Ilmu Hukum is created as a means of communication and dissemination for researchers to publish research articles or conceptual articles. The DiH: Jurnal Ilmu Hukum only accepts articles related to the topic of law except business law. The DiH: Jurnal Ilmu Hukum is available in both print and online.
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Articles 7 Documents
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Search results for , issue "volume 22 nomor 2 agustus 2026" : 7 Documents clear
Justice-Based Reform of MSME Empowerment Regulations in Indonesia Anto Kustanto; Ainul Masruroh; M Shidqon Prabowo; Takwim Azami
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 2 Agustus 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v22i2.133456

Abstract

Regulations on the empowerment of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia have evolved through Law No. 20 of 2008, the Job Creation Law, and Government Regulation No. 7 of 2021. However, these various provisions have not yet been fully effective in creating equitable economic access for small business owners. The main issues lie in institutional fragmentation, inconsistent norms, the dominance of administrative approaches, weak protection of partnerships and financing, and the low legal literacy of MSME actors in dealing with policy formalities and digitalization. This study aims to analyze the weaknesses of MSME empowerment regulations within the Indonesian legal system and formulate a regulatory reconstruction model based on the value of justice. The study employs a normative legal method using a legislative approach and a conceptual approach. Primary, secondary, and tertiary legal materials were collected through literature review and then qualitatively analyzed through systematization, interpretation, and legal argumentation. The research findings indicate that the weaknesses in SME regulations lie not only in the quality of the norms but also in the lack of integration between legal structure, legal substance, and legal culture in policy implementation. A justice-based regulatory reconstruction must be built through cross-sectoral regulatory harmonization, strengthening partnership protections, reformulating inclusive financing policies, and integrating adaptive SME digitalization. The policy implications of this research emphasize the importance of establishing SME empowerment regulations that are more just, coordinated, inclusive, and oriented toward expanding economic access for small business owners.
Cryptocurrency and Money Laundering: Enforcement Challenges in the Global Digital Financial System Mas Rara Tri Retno Herryani
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 2 Agustus 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v22i2.133491

Abstract

This study aims to analyze the legal framework and evidentiary challenges in enforcing money laundering offenses involving cryptocurrency in Indonesia, as well as to identify comparative regulatory practices that may strengthen the effectiveness of law enforcement in addressing cryptocurrency-based financial crimes. The research employs a normative legal method using statutory, conceptual, and comparative approaches. The legal materials used include primary legal materials in the form of laws and regulations, such as the Electronic Information and Transactions Law and the Law on the Prevention and Eradication of Money Laundering Crimes , as well as secondary legal materials in the form of literature and relevant research results. This study also compares the regulation of electronic evidence and law enforcement related to cryptocurrency in several countries such as the United States, the European Union, Japan, and Singapore to obtain an overview of best practices in handling digital financial crimes. The study shows that law enforcement against cryptocurrency-based money laundering crimes in Indonesia still faces various challenges, particularly in the aspect of evidence. The evidentiary system in Indonesian criminal procedure law, which is still based on the conventional Criminal Procedure Code, does not explicitly regulate the use of digital evidence as the main evidence in the trial process. This study concludes that Indonesia requires legal reform aimed at harmonizing criminal procedural law with the evolving characteristics of digital financial transactions to improve the effectiveness of combating cryptocurrency-based money laundering.
Reforming Chicken Farming Business Licensing Standards: Comparative Legal Analysis of Indonesia and Uzbekistan Achmad Miftah Farid; Fauzi Anwar; Hanifah Elvira Sukma Dewi; Turdialiev Mukhammad Ali Polatjon Ogli
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 2 Agustus 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

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Abstract

This study evaluates whether Indonesia’s risk-based licensing regime for chicken farming adequately incorporates biological risk control within the framework of Maqasid Sharia. It compares the licensing instruments and procedures under Law Number 6 of 2023 concerning Job Creation and Government Regulation Number 28 of 2025 concerning the Implementation of Risk-Based Business Licensing with Uzbekistan’s veterinary-based licensing system to assess preventive verification and biosecurity safeguards. Using a socio-legal method with statutory and comparative approaches, this research examines the Indonesian and Uzbek legal frameworks for poultry business licensing. The findings reveal three main issues. First, Indonesia’s OSS-RBA primarily emphasizes administrative risk classification and investment facilitation, while measurable biological risk indicators remain absent from licensing decisions. risk-based licensing model prioritizes administrative risk classification and investment facilitation, while substantive biological risk indicators are not explicitly integrated into pre-licensing verification. Second, the lack of standardized biological criteria contributes to fragmented environmental and biosecurity assessment, resulting in legal uncertainty. Third, Uzbekistan integrates veterinary verification and traceability, and biosecurity standards into its licensing framework, demonstrating a stronger preventive approach. Accordingly, this study proposes the Bio-Prophetic Matrix as a socio-legal framework that operationalizes Hazard, Exposure, Vulnerability, Scale, Biosecurity, and Proximity (H-E-V-S-B-P) within the principles of Maqasid Sharia to strengthen biological risk assessment while preserving regulatory efficiency, legal certainty, and the preventive function of administrative licensing.
Constitutional Paradox of KPK's Functional Independence in Indonesia: A Comparative and Prospective Study Ayu Julia Rachimmiyanti; Eny Kusdarini
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 2 Agustus 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/dih.v22i2.133531

Abstract

Corruption eradication requires institutions with strong authority and a high degree of independence within the legal system. Regulatory changes concerning the Corruption Eradication Commission (KPK) have introduced new dynamics in its institutional structure and functional capacity. This study analyzes the dynamics of the KPK’s institutional authority and functional independence, compares them with international practices, and formulates an ideal direction for institutional strengthening. The research employs a normative juridical approach through a literature review of primary, secondary, and tertiary legal materials, analyzed qualitatively through inventory, classification, comparison, interpretation, and conclusion drawing. The findings indicate that the revision of Law Number 19 of 2019 has shifted the KPK’s position to the executive branch and constrained its strategic authorities, thereby weakening its functional independence and potentially reducing the effectiveness of corruption eradication. The implications underscore the importance of reconstructing an institutional design that balances independence and accountability to sustain the KPK’s effectiveness within the Indonesian legal system
Comparative Rehabilitation Models for Children of Former Terrorist Prisoners in Saudi Arabia, South Africa, and Denmark Anggit Wasesa Praja; Tutik Hamidah; Musataklima Musataklima
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 2 Agustus 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

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Abstract

The rehabilitation of children of former terrorism convicts is a critical issue within the child protection system, as these children often face social stigma, psychological pressure, discrimination, and limited access to education and a healthy social environment. To date, Indonesia has not yet established a rehabilitation model that specifically addresses the fulfillment of the rights of children of former terrorism convicts in a comprehensive and integrated manner. This study aims to examine rehabilitation models for children of former terrorism convicts through a comparative study of Indonesia, Denmark, and Saudi Arabia to identify a more effective rehabilitation model from a child protection perspective. This is a normative legal study employing a legislative approach, a conceptual approach, and a comparative approach. Legal materials were analyzed prescriptively through an examination of regulations, policies, and rehabilitation models implemented in each country. The results indicate that Saudi Arabia applies a deradicalization-based rehabilitation model through religious, psychological, security monitoring, and family strengthening approaches via the Saudi Counseling Program. Denmark employs a “soft approach” emphasizing social reintegration, education, mentoring, and community engagement. Meanwhile, Indonesia still faces challenges related to legal substance, institutional structure, and legal culture, which have prevented the rehabilitation of children of former terrorism convicts from proceeding optimally and have kept it sectoral in nature. The novelty of this research lies in the formulation of an integrative rehabilitation model that combines child protection, psychosocial rehabilitation, family strengthening, education, social reintegration, and welfare-based deradicalization.
Disregarding Visum et Psikiatricum: Reconstructing Criminal Responsibility Assessment in Indonesian Homicide Cases Tarmizi Tarmizi; Heni Siswanto; Muhtadi Muhtadi; Maroni Maroni; Rinaldy Amrullah
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 2 Agustus 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

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Abstract

This study aims to examine the judicial reasoning underlying the exclusion of the Visum et Psikiatricum in Judgment No. 586/Pid.B/2023/PN Tjk, identify the parameters applied in determining the criminal responsibility of a homicide offender, and reconstruct a more comprehensive framework for assessing criminal responsibility under Indonesian criminal law. This normative legal research employs both case and conceptual approaches. Primary legal materials, including statutory regulations and court decisions, were analyzed together with secondary materials derived from criminal law doctrines, forensic psychiatry, and relevant scholarly literature. The data were examined qualitatively using a prescriptive analytical method to assess the conformity of judicial reasoning with theories of criminal responsibility and to formulate an improved assessment model. The findings reveal that the Visum et Psikiatricum was disregarded because the court placed greater weight on the defendant’s behavioral indicators, which were considered to demonstrate awareness, understanding of the consequences of the act, and the capacity for self-control. The parameters applied by the judge encompass cognitive, volitional, and behavioral dimensions. However, these parameters remain implicit, lack standardization, and do not adequately integrate medical findings with legal considerations. This condition reflects a normative gap in the application of Article 44 of the Criminal Code and Articles 38 and 39 of Law No. 1 of 2023. Accordingly, this study proposes a three-dimensional assessment model integrating medical, cognitive, and volitional aspects as a more objective, consistent, and accountable framework for determining criminal responsibility
Legal Gaps in Protecting Children Born of Rape: Assessing the Implementation of Indonesia's TPKS Erma Hari Alijana; Sayang Bidul; Rufaidah Rufaidah
DiH: Jurnal Ilmu Hukum Volume 22 Nomor 2 Agustus 2026
Publisher : Doctor of Law Study Program Faculty of Law, Universitas 17 Agustus 1945 Surabaya

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Abstract

Children born from rape face a vulnerable legal position because their civil rights are often regulated under the general legal framework for children born outside marriage, despite the distinct circumstances surrounding their birth. This situation creates uncertainty in the fulfillment of their fundamental civil rights, including birth registration, inheritance, health protection, and identity privacy. This study aims to analyze the implementation of legal protection and legal certainty concerning the civil rights of children born from rape based on Law Number 35 of 2014 concerning Child Protection. This study employs normative legal research using an analytical-interpretative approach to examine the relevant legal norms concerning the protection and civil rights of children born from rape. The results indicate that the existing legal framework has not provided comprehensive protection due to legal gaps and overlapping regulations. Children born from rape tend to be equated with children born outside marriage in general, resulting in structural victimization, social stigma, emotional vulnerability, and limitations in accessing fundamental civil rights. The novelty of this study lies in the need to establish a specific legal framework that separates the fulfillment of the civil rights of children born from rape from the general legal regime governing children born outside marriage. Based on the best interests of the child and the principle of equality before the law, legal reform is necessary to guarantee automatic protection from birth, including free birth registration, scientific determination of biological relationships, special health protection, and strict protection of identity and privacy.

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