Jurnal Hukum
Not a member yet
109 research outputs found
Sort by
The Return of State Finances: Effectiveness of The New Paradigm in Enforcing of Law on Corruption Crimes Cases
No full textThe law enforcement in corruption cases in Indonesia tends to emphasize a retributive legal approach. A paradigm shift is needed in anti-corruption law enforcement, which emphasizes a restorative justice approach that focuses on the recovery of state financial assets (asset recovery). This study aims to analyze the current law enforcement against corruption crimes and analyze the need for a paradigm shift in law enforcement against corruption crimes in Indonesia with an emphasis on the urgency of returning state finances. This study used normative juridical method. The results of the study indicate that the imposition of criminal penalties for corruption crimes, which prioritize a retributive approach, is considered ineffective and far from achieving the goal of preventing perpetrators of corruption or potential perpetrators of corruption. This is one of the main reasons why corruption continues to recur and increase. Financial losses and the burden on the state will continue to increase if there is no change in the handling of corruption cases in Indonesia. Finding the effectiveness of the paradigm in anti-corruption law enforcement, the restorative justice approach is considered more appropriate in efforts to recover state financial losses, a progressive approach and oriented towards recovery rather than just punishment
Legal System of Community Participation in Environmentally Friendly Power Plants: A Socio-Legal Study of Micro-Hydro Projects in Central Java
Get PDFEnergy management is closely linked to environmental concerns and community involvement. However, in electrical energy regulations, community participation is frequently overlooked, with the community treated solely as a consumer. This study examines the legal system for community participation in environmentally friendly micro-hydro power plants. The research method used was qualitative, with a socio-legal approach. Data was collected through observation and in-depth interviews with purposefully chosen informants. The findings show that the legal system, in the form of legal substance, such as management rules and legal structures, is implemented in a participatory manner by the residents of Karangtengah and Lebakbarang villages. Community participation is critical to the success of the two villages' micro-hydro power projects, which earned them the provincial award for the best management of micro-hydro projects in Central Java. Community participation in this project is strong because the community has a legal culture characterized by cooperation, environmental friendliness, deliberation, and family values. Based on the level of participation, community involvement in the micro-hydro project is at the highest level, namely partnership, delegation of authority, and citizen control
The Controversy on Transfer of Absolute Competency of the State Administrative Courts in Government Administrative Law
Get PDFThe absolute competence of the State Administrative Court is to adjudicate objects of state administrative disputes in the form of State Administrative Decisions. This study aims to analyze the transitional provisions in government administration regulations and analyze the absolute competence of state administrative courts. This study is a normative legal study. The results of this study state that the transitional provisions in the Government Administration regulations in particular have changed the meaning of State Administrative Decisions in a veiled manner, which is contrary to the principle of forming laws and regulations. The absolute competence of the State Administrative Court has been expanded to include testing for abuse of authority, state administrative actions, and the concept of positive fictitious decisions, namely considering a request to be granted if the authorized official does not issue a decision within a certain time limit. In order to fulfill the principle of legal certainty and regulatory hierarchy, changes to State Administrative Decisions should be made through changes to the State Administrative Court Law, not through transitional provisions in the State Administrative Law
The Role of Dominus Litis of Tax Court Judges in Realizing Substantive Justice in Tax Dispute Resolution
Get PDFThe resolution of tax disputes aims to achieve substantive justice, which emphasizes that legal decisions must reflect social and economic justice, not just legal formalities. In this context, the role of judges as Dominus Litis becomes crucial in ensuring fair and transparent decisions. This study aims to analyze the role of judges in realizing substantive justice in tax disputes in Indonesia. This study uses a qualitative approach with the method of literature study and legal document analysis. Data were obtained from academic literature, laws and regulations, and Tax Court decisions. Content analysis techniques were used to identify the concept of Dominus Litis, evaluate the role of judges in resolving tax disputes, and examine the implications of decisions on legal certainty and substantive justice. The results of the study show that judges not only act as law enforcers, but also as active trial controllers. Judges consider social and economic aspects in their decisions, which have an impact on legal certainty and tax justice. Therefore, it is necessary to improve the competence of judges in tax law to ensure the effectiveness of their role in the Indonesian taxation system
Legal-Philosophical Dimensions of Social Justice and Utilitarianism in Determining the Regional Minimum Wage of Banten Province
No full textThis study examines the extent to which the Provincial Minimum Wage embodies legally and philosophically grounded principles, including fair equality of opportunity, the difference principle, and the promotion of collective welfare. The study critically evaluates the 2025 Provincial Minimum Wage (UMP) policy in Banten, Indonesia, by examining its alignment with principles of normative justice, particularly Rawlsian distributive justice and utilitarian welfare maximization, alongside workers’ perceptions of wage adequacy and fairness. Using a mixed-methods approach that combines critical-philosophical analysis with descriptive quantitative techniques, the study integrates normative assessments of wage regulations, including Governor Decree Number 456/Kep.292-Huk/2024 and relevant labor laws, with survey data from 103 formal sector workers in Banten. The findings reveal a persistent gap between the policy’s objectives and worker’ lived experiences. From a Rawlsian perspective, the policy under-benefits the most economically vulnerable groups, while a utilitarian analysis suggests that the current system does not fully maximize collective welfare. Many respondents considered their wages insufficient for basic living expenses, with incentives and bonuses lacking transparency
The Online Gambling as a Criminal Offense Which Disturbs Society on Legal Perspective
Get PDFOnline gambling has become a global phenomenon that has gained increasing attention in recent years. Advances in technology and easy access to the internet have allowed individuals to engage in gambling activities without being bound by geographical boundaries. However, these developments have also brought significant negative impacts, including complex legal issues associated with online gambling. This study seeks to provide an in-depth assessment of Indonesia's affirmative law regarding online gambling as a criminal offense. The research methodology used is the normative legal research method, with data collection carried out through a literature review. The main focus of this study is to analyze the legal aspects related to online gambling in Indonesia. The research findings indicate that Indonesian positive law has strictly regulated gambling and tends to prohibit it. However, online gambling presents unique challenges for law enforcement, especially due to its cross-border and difficult-to-track nature. This study provides a deeper understanding of the legal challenges facing Indonesia in addressing online gambling as a criminal offense, the need for stronger international cooperation in addressing illegal online gambling, as well as better tools and more effective law enforcement policies. Finally, the criminalizing online gambling is to provide legal sanctions to perpetrators, prevent the spread of gambling, protect society from its negative impacts, and uphold moral values and prevailing social norms. This criminalization also aims to provide a deterrent effect for perpetrators and prevent others from getting involved in online gambling
Reinforcing the Ultimum Remedium Principle in Environmental Law Enforcement: A Three-Layered Approach Under Law No. 32 of 2009
No full textEnvironmental law enforcement in Indonesia, particularly under Law No. 32 of 2009 on Environmental Protection and Management, faces persistent challenges in applying the principle of ultimum remedium—treating criminal sanctions as a last resort. This study aims to evaluate the effectiveness of non-criminal sanctions, namely administrative and civil measures, as prerequisites to criminal enforcement in environmental cases. Using a normative juridical method and descriptive-analytical approach, the research analyzes statutory regulations, judicial decisions, and enforcement practices in pollution cases, including hazardous and toxic waste violations. The findings reveal that administrative and civil sanctions remain weak due to limited supervision, lengthy civil procedures, and inadequate compensation mechanisms. Additionally, poor institutional coordination and limited enforcement capacity hinder the transition to criminal sanctions. Community involvement is also underutilized in supporting legal accountability. The study concludes that a more structured three-layered enforcement approach—integrating administrative, civil, and criminal mechanisms—is needed to uphold environmental justice. Strengthening institutional capacity and aligning reparative and retributive principles are essential to ensure the ultimum remedium principle operates effectively. These findings contribute to legal reform efforts and the development of sustainable environmental governance in Indonesia
The State Defense Legal Politics: National Protection Based on Pancasila Justice
No full textIndonesia's national defense legal policy must be built adaptively and based on Pancasila and the 1945 Constitution, by integrating military and non-military defense through a participatory, layered defense strategy. The purpose of this study is to analyze national defense regulations within the concept of the unitary state of the Republic of Indonesia and analyze national defense legal policy based on Pancasila justice. This research is based on Normative Law research. A Pancasila-based national defense legal policy emphasizes moral, humanitarian, and democratic values in building an inclusive, participatory, and adaptive defense system, while adopting strategic elements from global practices to enhance Indonesia's sovereignty and resilience amid evolving global threats. The novelty of this approach lies in integrating Pancasila's ethical and philosophical values as the foundational framework for national defense policy, shifting the focus from purely militaristic strategies to a holistic, people-centered security model. Additionally, it introduces an innovative blend of global best practices such as China’s technological integration, Scandinavia’s participatory governance, and Japan’s diplomatic defense stance while maintaining Indonesia’s unique identity rooted in social justice and sovereignty
Legal Reconstruction of the Omnibus Law on Job Creation for Justice in Enhancing Investment and Indonesia’s Competitiveness
Get PDFThe Omnibus Law on Job Creation (Law No. 11 of 2020 as amended by Law Number 6 of 2023) is a key Indonesian government policy designed to boost investment and national competitiveness by simplifying the investment ecosystem and enhancing the ease of doing business. This study examines the need for legal reconstruction of the law to create a more equitable regulatory framework that promotes investment, competitiveness, legal certainty, and labor protection. Despite Indonesia’s strong appeal to foreign investors, challenges such as bureaucratic inefficiencies, corruption, and legal uncertainty persist. While the Omnibus Law aims to improve regulatory efficiency, its implementation has been criticized, particularly by labor groups who argue that it prioritizes capital over worker welfare. Furthermore, inefficiencies in investment management are highlighted by the high Incremental Capital Output Ratio (ICOR), indicating that large investments are not yielding expected economic returns. This study proposes strategies for legal reform to address labor concerns, improve legal transparency, and enhance infrastructure, with the goal of optimizing the policy’s impact on sustainable economic growth. The research aims to contribute to the development of a more balanced legal framework that supports both economic progress and social welfare
The Legal Capital Market Protection: Justice for Minority Stock Investors
No full textThe capital market is a critical component of a nation's economy, facilitating capital formation and allocation. Fraudulent practices, manipulation, lack of transparency, dishonesty and injustice in capital market activities must be dealt with firmly. This is because injustice can cause losses for minority stock investors. This study aims to analyze and evaluate the minority stock investor protection system in Indonesia, as well as efforts to improve justice and equality for all shareholders and examines the existing legal frameworks designed to protect minority stock investors and assesses their efficacy in ensuring justice. This study was a normative legal study, with a State approach, a Conceptual approach and a Case approach. The results of the study indicate that in the legal protection system according to Indonesian capital market law there are several findings that can result in injustice to Minority Investors. Building corporate governance that prioritizes and upholds the principle of honesty. Enforcement of the Transparency Principle in the implementation of capital market activities, both before listing, during listing, and after listing by changing the formulation of civil sanctions in the form of fines and compensation decided by the Financial Services Authority. As well as the involvement of minority investors in making important decisions in the issuing company