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INDONESIA
JURNAL MAHKAMAH
Published by Universitas Ma'arif Lampung
ISSN : 27254422     EISSN : 25485679     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Mahkamah adalah Jurnal Ilmiah Berkala yang memuat artikel hasil penelitian mupun artikel konseptual di bidang Ilmu Hukum dan Hukum Islam. Jurnal Mahkamah diterbitkan oleh Fakultas Syaria'ah Institut Agama Islam NU (IAIM NU) Metro Lampung. Redaksi membuka kesempatan kepada para Kademisi, Dosen, Peneliti, Guru, Mahasiswa dan LSM untuk berpartisipasi dalam mengembangkan wacana Ilmu Hukum dan Hukum Islam yang humanis dengan karyakarya aspiratif, progresif, integratif dan interkonektif.
Arjuna Subject : -
Articles 313 Documents
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Problems in the Implementation of Restorative Justice at the Inquiry Stage under Law Number 20 of 2025 on the Criminal Procedure Code Sofie Rahadatul Aisya; Deny Guntara; Muhamad Abas; Raka Indra Pratama
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7846

Abstract

Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP) introduces restorative justice as part of the reform of Indonesia’s criminal justice system. However, the implementation of restorative justice at the inquiry stage continues to raise legal concerns because the status of the alleged offender and the victim has not yet been definitively established, while the case may already be resolved through a reconciliation mechanism. This study aims to analyze the regulation of restorative justice under Articles 79 to 84 of the 2025 Criminal Procedure Code and to identify the challenges arising from its implementation during the inquiry stage. The research employs a normative legal method using statutory and conceptual approaches through qualitative analysis of primary and secondary legal materials. The findings indicate that the restorative justice provisions contained in the 2025 Criminal Procedure Code have accommodated victim-oriented recovery and dialogic dispute resolution. Nevertheless, their implementation at the inquiry stage still presents several challenges, including the unclear legal status of the parties involved, inadequate fact verification, limited supervisory mechanisms, and the potential abuse of authority that may weaken victim protection. Therefore, more comprehensive regulations concerning case eligibility standards, supervisory mechanisms, and victim protection are required to ensure that the implementation of restorative justice remains consistent with the objectives of criminal justice system reform.
Legal Protection for Consumers Regarding the Distribution of Cosmetics Containing Hazardous Dyes Under the Consumer Protection Act (Case Study: BPOM Findings from 2025) Adinda Rahma Kayla Anwar; Yuniar Rahmatiar; Muhamad Abas
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7847

Abstract

The circulation of cosmetics containing hazardous dyes remains a serious problem in Indonesia despite being regulated under Law No. 8 of 1999 on Consumer Protection. Based on findings by the Indonesian Food and Drug Administration (BPOM) in 2025, cosmetic products containing hazardous substances that pose potential health risks to consumers are still being found. This study aims to analyze the government’s role through the BPOM in overseeing the circulation of cosmetics containing hazardous dyes, as well as to analyze the form of liability of business operators for consumer losses based on Articles 4, 7, 8, 19, 29, and 30 of Law No. 8 of 1999 on Consumer Protection. The research method used is a normative legal approach with a legislative and conceptual framework, utilizing secondary data comprising primary, secondary, and tertiary legal sources through a literature review. The research findings indicate several issues in the oversight of hazardous cosmetics, namely the suboptimal post-market supervision of products circulating in digital media, weak oversight of product distribution in regional areas, and the persistent discrepancy between the registered product composition and the products actually circulating in the market. Furthermore, business operators continue to violate regulations by selling products containing hazardous dyes despite existing prohibitions in the law. Businesses fulfill their responsibilities through product recalls, suspension of distribution, revocation of marketing authorizations, and compensation for consumers. Therefore, it is necessary to strengthen BPOM oversight, enhance monitoring of digital distribution, and enforce the law more rigorously to ensure optimal consumer protection.
Reconstruction of Grant Contracts on Disaster Donation Distribution through Humanitarian Institutions in Aceh Fitria Mardhatillah; Sela Azkia; Shira Thani; Nabhani Yustisi; Tasyukur Tasyukur
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7848

Abstract

The flash flood disaster in Aceh has had a great social and economic impact, encouraging people to distribute aid through donations. In the perspective of Islamic law, the donation contains elements of a grant contract as a voluntary gift without reward. However, studies on the application of grant contracts in the distribution of disaster donations are still limited, especially related to the validity of ijab kabul in emergency conditions, the typology of mutlaqah and muqayyadah grants, and its conformity with the fiqh of the Shafi'i school and positive law in Indonesia. This study aims to analyze the concept of grant contracts in Islamic law and its relevance to the practice of distributing flood disaster donations in Aceh, as well as examining the suitability of the aid distribution mechanism with the harmony and conditions of the grant contract. The research uses normative legal methods with a conceptual approach and a legislative approach supported by literature studies on classical and contemporary fiqh literature. The results of the study show that the distribution of donations has basically met the elements of wahib, mauhub lah, mauhub, and sighat. In practice, ijab kabul is often carried out implicitly through digital platforms and can still be considered valid as long as it meets the principle of willingness of the parties. The study also found a number of obstacles in the form of weak supervision of aid distribution, unclear status of distributing institutions, and potential deviations in fund management that can reduce the value of the mandate in grant contracts. The contribution of this research lies in the formulation of the concept of the validity of qabdh in disaster emergency conditions as well as the preparation of the typology of grant contracts for disaster donations as a development of contemporary muamalah fiqh. The research recommends standardizing the grant contract mechanism and strengthening the monitoring system based on the principles of trust, accountability, and transparency to realize the benefits of disaster-affected communities.
The Impact of Digital Literacy in the Use of E-Court on the Fulfillment of Access to Justice at the Tanjung Karang Religious Court Class IA Tariska Devi; Firmansyah Firmansyah; Agus Salim Ferliadi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7853

Abstract

This study analyzes the impact of digital literacy on the use of the e-Court system at the Tanjung Karang Class IA Religious Court from the perspective of access to justice. The central problem examined is the gap between the availability of the e-Court system and the actual capacity of the public to use it. Three aspects are examined: administrative efficiency, digital literacy challenges, and implications for access to justice. A qualitative juridical-empirical method was applied through in-depth interviews with judges, PTSP officers, e-Court administrators, lawyers, and justice seekers, supported by direct observation and source triangulation. Findings show that e-Court significantly improves administrative efficiency but has not yet accelerated substantive case resolution. Digital literacy gaps remain a primary barrier, especially for the elderly, less-educated populations, and those without digital devices. Consequently, digitalization expands availability of court services but does not yet guarantee equal capacity to use them. Fulfilling access to justice in a digital context requires hybrid services, PTSP digital assistance, digital literacy strengthening, and more user-friendly system design for vulnerable groups.
Implications of the Enactment of Law Number 1 of 2023 concerning the Criminal Code on Potential Conflicts of Norms and the Effectiveness of Enforcement of Corruption Crimes in Indonesia Gerald Elisa Munthe
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7855

Abstract

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP) represents a major reform in Indonesia's criminal law system. However, its implementation raises critical concerns regarding potential normative conflicts with the Anti-Corruption Law (Law Number 31 of 1999 as amended by Law Number 20 of 2001), which has long served as a lex specialis in combating corruption as an extraordinary crime. This study aims to analyze the normative conflicts between the new Criminal Code and the Anti-Corruption Law, as well as their implications for the effectiveness of corruption law enforcement in Indonesia. Using a normative legal method with statutory and conceptual approaches, the research finds that potential inconsistencies exist in the formulation of criminal acts, criminal liability (especially corporate liability), sentencing systems (including minimum penalties and asset forfeiture), and the application of legal principles such as lex specialis derogat legi generali. These inconsistencies may lead to legal uncertainty, create opportunities for offenders to exploit legal loopholes through forum shopping, and result in disparity in court decisions. Furthermore, the dualism between the general criminal code and the special anti-corruption law weakens the deterrent effect of punishment and reduces public trust in the criminal justice system. From the perspective of legal effectiveness theory, the lack of harmonization undermines the system's ability to achieve justice and legal certainty. Therefore, regulatory harmonization and a clear affirmation of the hierarchical relationship between these legal norms are necessary to ensure consistency within the legal system and to strengthen the effectiveness of anti-corruption enforcement in Indonesia.
Juridical Analysis of the Norm Gap for Child Grooming in Indonesian Criminal Law in the Digital Era H. Abdul Lawali Hasibuan
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7856

Abstract

The rapid development of digital technology has led to the emergence of new forms of crime that increasingly target children as a vulnerable group, one of which is child grooming. This offense involves psychological manipulation carried out by perpetrators to gradually establish emotional relationships with children, ultimately leading to sexual exploitation. The main issue in this context is the absence of explicit and specific legal provisions regulating child grooming within the Indonesian criminal law system. This condition creates a legal gap that results in less effective law enforcement and inadequate protection for children. This study aims to analyze the existence of legal gaps in the regulation of child grooming and their implications for child protection in the digital era. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that existing regulations remain fragmented and primarily focus on the consequences of crime, thus failing to address the early stages of grooming. This limitation creates difficulties in evidence assessment and the application of criminal sanctions. Therefore, legal reform is necessary to explicitly recognize child grooming as a distinct criminal offense in order to strengthen child protection mechanisms
The Effectiveness of Maritime Law Enforcement on Marine Pollution by Commercial Vessels in Indonesia: Institutional Analysis and Implementation of MARPOL 73/78 Alvon; Indra Sakti; Agus Riyanto
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7857

Abstract

This study analyzes the effectiveness of maritime law enforcement against marine pollution by commercial ships in Indonesia by placing the implementation of MARPOL 73/78 and institutional coordination as the main focus. The problems studied depart from the gap between the completeness of legal arrangements, such as UNCLOS 1982, MARPOL 73/78, the Shipping Law, the Law on Environmental Protection and Management, and the Marine Law, and the Maritime Law, and the practices of supervision and enforcement that still face overlapping authority. This study uses a normative juridical method with a statutory approach, a conceptual approach, and a case approach through the analysis of primary legal materials, secondary legal materials, and scientific literature related to pollution from ships. The results of the study show that the effectiveness of law enforcement has not been optimal due to the fragmentation of authority between Bakamla, KKP, TNI AL, Syahbandar/KSOP, KLHK, Polairud, and PPNS; limitations  of Port Reception Facilities; weak integration of surveillance data; and inconsistent application of administrative, civil, and criminal sanctions. These findings show that the legal substance is relatively available, but the institutional structure, means of supervision, and compliance culture of shipping business actors are still weak points. Therefore, it is necessary to strengthen integrated coordination mechanisms, standardize follow-up inspection results, improve port waste reception facilities, and apply more consistent sanctions so that marine environmental protection can run more effectively and sustainably.
The Urgency of Legal Regulation on the Responsibility of Sea Transportation Business Actors for Passenger Losses Due to Ship Accidents in Indonesia Ariyanto; Isfandir Hutasoit; Indra Sakti
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7858

Abstract

This study analyzes the urgency of legal regulation of the liability of sea transportation business actors for passenger losses due to ship accidents in Indonesia. The main problems studied are the fragmentation of regulations between the Civil Code, the Criminal Code, Law Number 17 of 2008 concerning Shipping, Law Number 8 of 1999 concerning Consumer Protection, and the compulsory passenger insurance scheme. This research uses a normative juridical method with a legislative, conceptual, and case approach. Primary legal materials include laws and regulations in the field of shipping, consumer protection, and mandatory passenger accident coverage, while secondary legal materials are in the form of journal articles, official reports on ship accidents, and transportation law literature. The analysis is carried out in a prescriptive-qualitative manner through the synchronization of norms and legal interpretation. The results of the study show that the responsibility of sea transportation business actors still does not provide optimal certainty because there are differences in the basis of responsibility, a heavy burden of proof for victims, limited information on the seaworthiness of the ship, and the unclear relationship between mandatory insurance compensation and follow-up compensation claims. Therefore, strengthening regulations needs to be directed at harmonizing norms, transparent standards for compensation claims, risk-based feasibility audits, safety information disclosure obligations, and more effective enforcement of sanctions.
Disharmonization of Integrated Rehabilitation Policy for Narcotics Users from a Justice Perspective Ramadhany Nasution
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7860

Abstract

Drug abuse in Indonesia constitutes a multidimensional problem that extends beyond criminal law to encompass public health, social welfare, and human rights. Although statutory regulations have recognized medical and social rehabilitation as the primary mechanisms for the recovery of drug users, their implementation continues to be dominated by punitive approaches through imprisonment. This condition reflects a lack of harmony within the integrated rehabilitation policy, resulting in legal uncertainty and the failure to achieve substantive justice. This study aims to analyze the forms of disharmony in rehabilitation policies for drug users and to formulate a reconstruction model of criminal law policy grounded in justice. The research employs a normative juridical method using statutory, conceptual, and analytical approaches. The findings demonstrate that policy disharmony occurs in three principal dimensions: legal substance, which still reflects a dualism between punitive and rehabilitative paradigms; institutional structure, characterized by overlapping authorities and weak inter-agency coordination; and legal culture, which remains predominantly punishment-oriented. Consequently, rehabilitation has not yet become the primary response for drug users suffering from addiction. This study proposes a justice-based integrated rehabilitation model through regulatory harmonization, strengthening integrated assessment as the basis for legal decision-making, implementing diversion to rehabilitation, reinforcing restorative justice, and integrating legal, health, and social systems. This model represents the study's conceptual contribution to supporting the reconstruction of a more humane, effective, and recovery-oriented criminal law policy capable of promoting legal certainty, protecting human rights, and establishing a more equitable system for addressing drug abuse.
Construction of Legal Accountability for the Use of Artificial Intelligence in Illegal Fishing Supervision in Indonesia's Exclusive Economic Zone Rianto Hendry Roberto; Dwi Afni Maileni; Indra Sakti
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 11 No. 1 Juni (2026)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v11i1.7861

Abstract

This study examines the construction of legal accountability for the use  of Artificial Intelligence in the supervision of illegal fishing in Indonesia's Exclusive Economic Zone. The main problem of this research is not only the state's ability to detect ships, but the vacuum of norms regarding who is responsible when the results of detection, predictions, or recommendations based on algorithms are wrong, biased, unverifiable, or cause law enforcement actions that harm certain parties. This study uses normative legal methods with limited legislative, conceptual, and comparative approaches. Primary legal materials include the Fisheries Law, the EEZ, UNCLOS 1982, provisions on electronic evidence, personal data protection, and marine and fisheries resources supervision rules. Secondary legal materials were obtained from the latest journals on maritime surveillance, IUU fishing detection, remote sensing, and algorithmic accountability. The results show that Artificial Intelligence should be placed as a decision support system that requires human validation, not as an automatic authority that replaces law enforcement officials. The results of AI analysis can be valuable as intelligence information or initial indications, while its use as evidence must meet data validity, system integrity, audit trail, and chain of custody. Legal accountability is constructed in stages, i.e. the state is responsible for the policies, standards, procurement, and audit of the system; Ministries/agencies and operators are responsible for use and validation; the developer or vendor is liable for design defects, security failures, or system malfunctions; and illegal fishing perpetrators  remain responsible for substantive violations. The study recommends specific norms regarding algorithmic auditing, automated decision restriction, human-in-the-loop, cybersecurity, data interoperability, and AI-based action objection mechanisms.

Page 31 of 32 | Total Record : 313

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