DiH: Jurnal Ilmu Hukum

The Concept of Reconstruction of Cohabitation Regulations in the National Criminal Code Based on the Principle of Legal Certainty

2025-08-11T05:51:07+00:00

Provisions regarding living together as husband and wife outside of marriage, known as cohabitation, were introduced in Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code). However, the regulation has many problems, including philosophical, sociological and juridical problems, as well as inappropriate norms, not reflecting justice and ignoring religious and customary norms. This research aims to analyze and find a reconstruction of the formulation of cohabitation norms in the National Criminal Code based on principle of legal certainty. The formulation of the problem proposed is How to reconstruct the formulation of cohabitation norms in the National Criminal Code, based on the principle of legal certainty. The research method uses normative legal research, namely a process of finding legal rules, legal principles and legal doctrines to answer the legal issues faced. The approaches used are the statutory approach, the comparative approach and the conceptual approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials. The results obtained from this research, Article 412 of the National Criminal Code needs to be reconstructed regarding cohabitation norms, namely living together not as husband and wife because it is not based on a legal marriage, the cohabitation offense is also not a complaint offense but is an ordinary offense, and because cohabitation behavior is not in accordance with The spirit of Pancasila is contrary to religious customs and norms, so we must receive heavier sanctions so that between criminal penalties and fines are accumulative punishments.

An Examination of Domestic Violence Leading to Death: A Case Study from Palembang 2023

2025-08-11T05:51:08+00:00

This study analyzes the Palembang High Court Decision No. 247/PID/2023/PT PLG concerning Domestic Violence (DV) resulting in death. The study aims to evaluate the extent to which the legal application in the verdict aligns with the principles of substantive justice and to assess the legal considerations used by the judges. The methodology employed includes normative juridical and case approaches, with data analyzed from court decisions, legal literature, and other secondary sources. The findings reveal that the judges' legal considerations comply with existing regulations, although challenges remain in integrating gender perspectives and protecting victims' rights. The study recommends enhancing gender understanding within the judicial system and improving psychological rehabilitation for DV victims.

The Concept of Judge’s Forgiveness (Rechterlijk Pardon) in The National Criminal Law Code

2025-08-11T05:51:08+00:00

The absence of provisions regulating Judicial Pardon (Rechterlijk Pardon) in the current Indonesian Penal Code and Criminal Procedure Code has created a legal vacuum. Judges are normatively bound to issue one of three verdicts: conviction, acquittal, or dismissal. This limitation excludes the possibility for judges to apply discretionary forgiveness in cases involving minor offenses or mitigating circumstances. Although Article 54 paragraph (2) of Law No. 1 of 2023 concerning the Penal Code introduces the concept of Rechterlijk Pardon, it fails to provide clear parameters regarding what constitutes “minor severity of the act,” as well as the personal background of the offender or contextual factors surrounding the offense. This vagueness raises concerns over legal uncertainty and inconsistency in judicial interpretation. The purpose of this study is to examine the normative foundation and interpretive scope of the Judicial Pardon doctrine under Article 54 paragraph (2) and to formulate a legal construction that harmonizes substantive and procedural criminal law. This research is normative in nature, using a combination of statutory, conceptual, philosophical, case, and comparative approaches. The findings demonstrate that Judicial Pardon must be explicitly regulated through clear interpretive guidelines to ensure its implementation does not conflict with the principles of justice and legal certainty. Moreover, the integration of Judicial Pardon into the Draft Criminal Procedure Code is necessary to provide formal procedural legitimacy for judges to refrain from sentencing in specific circumstances, thus ensuring the penal system accommodates fairness, humanity, and proportionality in the enforcement of criminal justice.

The Role Of Visum Et Repertum As Evidence In Rape Cases

2025-07-30T09:59:50+00:00

Visum and repertum is one of tool very important evidence in the process of enforcement law criminal, especially in case rape in general own difficulty proof consequence lack of witness eyes and often occurs in the space private. In context this, visa functioning as proof scientific that can confirm existence act violence sexual through findings medical objective, such as wound physical, damage to the reproductive organs, or footsteps biological perpetrators. Research This aiming for analyze in a way deep role strategic visa and report in proof law to case rape in Indonesia, as well as identify obstacles that affect its effectiveness. Method research used is approach legal normative and juridical empirical. Approach legal normative done with analyze provision law positive laws in force, such as the Criminal Code (KUHP) and the Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP), while approach legal empirical done through studies field, including interview with apparatus enforcer law like police and prosecutors, as well as power medical forensics involved direct in the process of making visa. Research results show that visa and report own position strategic in proof elements act criminal rape, especially in prove element violence or threat violence as well as the occurrence connection sexual without victim's consent. Although thus, the effectiveness visa often hampered by various factors, including delays reporting by victims due to trauma or shame, lack of victim's understanding of urgency inspection medical quick after events, and limitations power experts and means infrastructure forensics in the regions isolated.

Rape Cases Legal Aspects of Higher Education Involvement in Mineral and Coal Mining Agglomerations in Indonesia

2025-07-30T16:40:33+00:00

Mineral and coal mining agglomerations (minerba) in Indonesia have become an economic strategy to improve the efficiency and competitiveness of the extractive industry. In its development, Law Number 3 of 2020 concerning Mineral and Coal Mining authorizes state universities to manage Special Mining Business Areas (WUPK). The involvement of universities in mining agglomerations has various legal and economic implications, including licensing, governance, and environmental and social impacts. This article analyzes the legal framework governing the role of universities in mining management and examines the effectiveness of regulations in supporting sustainable economic growth. Through a normative approach and policy analysis, this study finds that although regulations have opened opportunities for universities to participate in the mining industry, challenges remain in terms of regulatory harmonization, oversight mechanisms, and the balance between academic interests and the commercialization of natural resources. The Fourth Amendment to Law Number 4 of 2009 concerning Mineral and Coal Mining aims to restore and revitalize the spirit of Article 33 of the 1945 Constitution by involving universities, which are expected to contribute to innovation, increasing the added value of minerals and coal, and the sustainability of the national economy. Furthermore, this also serves as an important momentum to improve mining governance to be more environmentally conscious and equitable. Granting mining management permits to universities can be an effort to overcome the funding limitations faced by universities, especially in the development of research and innovation

Live Telecast of Judicial Proceedings as Means to Access to Justice in Nigeria: A Comparative Study

2025-08-10T15:31:06+00:00

Any country's development, particularly that of its legal system, depends on having access to an open system of justice. The Nigerian justice system has been called weak, corrupt, and unreliable, which has made the public's mistrust of the court system worse. Thus, this paper interrogated the adoption of modern technology through live telecast of judicial proceedings as a means to access justice and restore the integrity of the Nigerian judiciary. It drew lessons from the UK, USA, South Africa, and India. The study used a doctrinal approach to legal research and a qualitative research methodology. The study found that the live telecast of court proceedings is constitutional when sections 36(3) and (4) are interpreted using a purposeful approach. Accordingly, the study came to the conclusion that live telecasts of court cases in Nigeria are possible. However, a few potential obstacles to its functioning in Nigeria include inadequate internet and power supplies, non-implementation of financial autonomy for the judiciary, absence of a specialized legal framework, and insufficient technological know-how of judicial personnel. The study made several recommendations, including giving the judiciary financial autonomy, passing particular legislation, enhancing internet and energy access, and providing judicial staff with ICT training.

Legal Reform of Airsoft Gun Regulation in Indonesia: Comparative Lessons from Portugal

2025-08-02T16:14:22+00:00

The massive distribution of Airsoftguns in the community and the increasing number of cases of abuse due to free distribution make it necessary to have massive supervision in the distribution of airsoftguns and ambiguity in law enforcement regarding the misuse of airsoft guns, especially if there are no additional provisions detailing the regulation of non-standard weapons, so research This aims to analyze authority and preventive efforts in law enforcement with the research method used is normative juridical using secondary legal data. The results of the research show that there is a need for revisions related to regulations on the use of airsoft guns and the authority to track the distribution of airsoft guns by the police as well as socialization under the police regarding the use of airsoft guns in Indonesia.

Limitations on the Authority of the Constitutional Court as a Positive Legislator

2025-08-10T15:20:35+00:00

The authority of the Constitutional Court in Indonesia’s constitutional system has shifted from merely being a negative legislator to a tendency toward becoming a positive legislator. This phenomenon is reflected in various decisions that not only invalidate norms that contradict the Constitution but also establish new legal norms. This study aims to examine the urgency of limiting the Constitutional Court’s authority in acting as a positive legislator and to formulate a limitation model that prevents the Court from exceeding legislative boundaries. This research uses a normative legal method with statutory, case, and conceptual approaches and is analyzed prescriptively and critically based on primary and secondary legal materials. The findings show that the Constitutional Court’s expansive role as a positive legislator has the potential to lead to judicial supremacy and juristocracy, which are inconsistent with the principle of separation of powers. Therefore, limiting the Constitutional Court’s authority is necessary to maintain the constitutional balance among branches of state power. This study proposes the use of Mahfud MD’s “Ten Limiting Guidelines” as a normative framework, complemented by two original models: the Constitutionally Bounded Interpretation Protocol, which emphasizes that judicial interpretation must remain confined to the text, structure, and principles of the Constitution; and the Institutional Dialogue Model, which encourages legislative involvement in the follow-up to Constitutional Court decisions. These models aim to ensure that the Constitutional Court remains within its constitutional role as guardian of the Constitution, without encroaching upon the legislative domain

A Critical Analysis of Criminal Accomplice Provision in Employment Law Violations

2025-08-05T05:41:36+00:00

The increasing use of artificial intelligence (AI), deepfake technology, and advanced medical procedures has transformed the landscape of biometric data, particularly facial features. This study examines the extent to which Indonesia’s Law No. 27 of 2022 on Personal Data Protection (PDP Law) ensures legal certainty for altered biometric facial data, including digitally or medically modified images. Employing a normative juridical research method with statutory and conceptual approaches, the paper interprets legal provisions, evaluates their adequacy, and compares them with international frameworks such as the EU’s General Data Protection Regulation (GDPR) and Singapore’s Personal Data Protection Act (PDPA). Findings reveal that the PDP Law classifies altered facial data as “specific personal data,” mandating explicit consent, robust security measures, and recognition of data subjects’ rights. The law’s extraterritorial scope further extends protection to Indonesian citizens’ data processed abroad. However, enforcement challenges persist, particularly in cross-border contexts and automated profiling. The novelty of this research lies in its focused analysis of altered biometric data as a unique legal category, coupled with comparative insights to address regulatory gaps. The study recommends strengthening implementing regulations, adopting AI-specific safeguards, and enhancing cross-border enforcement cooperation to ensure sustainable protection of biometric privacy in the digital era

Legal Protection for Trademark Applicatints in Good Faith in Retroactive issuance of Certificate Based On Supreme Court Decision

2025-07-15T10:12:21+00:00

The process by which a trademark certificate issued by the Directorate General of Intellectual Property is retroactively valid from the date the trademark registration application is submitted, not from the date the certificate is officially issued . brand which was resolved through criminal channels in Court Nganjuk State with the Defendant Rudy Mulyanto who can analyzed more far is a dispute between Trademarks resolved through criminal channels which then in the Cassation Decision at the Supreme Court Number 3733 K / Pid.Sus / 2020 Rudy Mulyanto was declared not legally and convincingly proven guilty of committing a crime as in the First or Second indictment. The research method used is normative juridical library materials or secondary data as basic material for research by conducting a search for regulations and literature related to the problem being studied. The results of this study are that legal protection for trademark certificates issued by the Directorate General of Intellectual Property of the Ministry of Law and Human Rights of the Republic of Indonesia is retroactive from the date of submission of the application, not from when the certificate was issued. In the Decision of this trademark dispute case, there was negligence in providing legal protection to the applicant or trademark registrant, the author does not agree with the decision of the panel of judges at the first level and the high court level and concludes that trademark disputes should be resolved first through civil channels, while criminal channels are used as a last resort in resolving trademark disputes.

Intersecting Liabilities: A Critical Analysis of Criminal Accomplice Provisions in Employment Law Violations

2025-08-03T16:37:15+00:00

Violations of the Regency/Municipal Minimum Wage (UMK) in Indonesia not only undermine workers’ fundamental rights but also expose structural deficiencies in the enforcement of labor criminal law. Previous studies have predominantly framed minimum wage violations as individual misconduct, thereby neglecting the systemic and collective dimensions of corporate decision-making. This article addresses that gap by critically examining the application of participation doctrines under Articles 55 and 56 of the Indonesian Penal Code (KUHP) and their relevance for attributing liability to actors across organizational hierarchies. Employing a normative juridical method with statutory and conceptual approaches, this study integrates doctrinal analysis, judicial interpretation, and comparative insights from global practices on corporate and collective criminal liability. The findings reveal that wage violations often result from deliberate policies formulated at managerial or corporate levels, thus requiring recognition of functional perpetration and structural participation. Furthermore, this article argues that the doctrine of abuse of circumstances (misbruik van omstandigheden) should be considered to exempt coerced or vulnerable actors from liability, thereby preventing the criminalization of structural victims. By advancing a critical interpretation of participation in labor-related crimes, this study contributes both to the theoretical development of collective liability in Indonesian criminal law and to practical reform strategies that strengthen the protection of workers’ constitutional rights.

Resolution of Land Rights in Forest Areas Reviewed from Agrarian Law

2025-08-03T15:22:34+00:00

Indonesia, as a state governed by the rule of law, mandates that all legal issues be regulated through statutory provisions to ensure clarity and compliance by its citizens. The registration of land within Forest Areas presents distinct legal and administrative complexities compared to general land registration processes. A recurrent conflict arises from the fact that communities residing in Forest Areas often lack formal land certificates, which serve as the highest legal proof of land ownership.

This research aims to identify viable legal solutions enabling communities residing within Forest Areas to obtain land certificates in accordance with prevailing statutory provisions. Employing a normative juridical method, this study integrates statutory and conceptual approaches, supported by an analysis of relevant legislation, scholarly literature, and scientific journals.

The findings reveal that communities within Forest Areas may secure land certificates through a collective application submitted via the mayor or regent, following the procedural requirements stipulated in Presidential Regulation No. 88 of 2017 concerning the Settlement of Land Tenure in Forest Areas. Upon issuance of a ministerial decree by the Minister of Environment and Forestry adjusting the boundaries of the Forest Area in compliance with applicable laws, the National Land Agency is authorized to issue the corresponding land certificates. This study offers a legal framework that bridges statutory requirements and practical implementation, potentially contributing to the resolution of long-standing land tenure disputes in Forest Areas.