DiH: Jurnal Ilmu Hukum

Defarmation Against Government in National Criminal Code: Review on Freedom of Expression and Opinion Rights

Kurdi Kurdi — 2026-02-27

The offense of insulting the government or state institutions is considered contrary to the right to freedom of expression and opinion. This study aims to determine the regulation of the offense of insulting the government or state institutions based on the perspective of the right to freedom of expression and opinion. In addition, it also aims to compare the regulation of insulting offenses against the government or state institutions in Indonesia with other countries. The research is included in normative legal research using a statutory approach, conceptual approach, and comparative legal approach. The results show that the offence under discussion does not violate the right to freedom of expression and opinion because Article 240 of the National Criminal Code has clearly distinguished between the act of "insulting" and the act of criticizing the government, which is a right of expression. In addition, the offense is included in the complaint offense so that it cannot be prosecuted prior to a report. Moreover, the regulation of the offense of insulting the government or state institutions is still in line with the principle of limiting the right to freedom of expression and opinion as a derogable right. Because the act of insulting is included in acts that violate morals and public order, which are the limits of the guaranteed rights

Legal Consequences of Excessive Compensation in Hotel Consumer Disputes: Case No. 649/Pdt.G/2023/PN Jkt.Pst

Sheren Christabella — 2026-03-02

The rapid expansion of the hospitality sector has introduced complex legal issues related to hotel liability in maintaining guest safety and comfort. This research examines hotel liability for losses caused by employee negligence and examines the classification and application of material and immaterial damages within Indonesian civil law, with a particular focus on “Decision No. 649/Pdt.G/2023/PN Jkt.Pst.” Using a normative juridical approach with a statutory analysis, this study reviews the Consumer Protection Law (Law No. 8 of 1999) and the Indonesian Civil Code, supported by scholarly literature. The results indicate that negligence committed by hotel employees satisfies the elements of an unlawful act as stipulated in Articles 1365, 1366, and 1367 of the Civil Code, establishing the hotel’s responsibility under both tort and consumer protection frameworks. Nevertheless, the court’s reasoning reveals inconsistencies in categorizing compensation, where certain tangible losses were erroneously treated as intangible damages. Such misclassification risks overlapping claims and excessive restitution, which contradicts the principles of fairness and proportionality. This study contributes by critically evaluating how Indonesian courts distinguish between material and immaterial damages, highlighting the risks of misclassification concerning compensation classification, underscoring the importance of legal certainty, substantive justice, and the preventive as well as educative roles of compensation. The findings are expected to enrich the development of civil law and strengthen consumer protection mechanisms within Indonesia’s hospitality industry.

Village Fund Corruption Reflects Weak Integrity of State Apparatus

Cherra Janua Garini — 2026-03-03

This study examines transparency challenges and corrupt practices in village fund management in Madiun Regency. Issues discussed include the culture of patronage, regulatory deficiencies, and the low capacity of village officials, all contributing to corruption. Using a qualitative descriptive approach, data were collected through stakeholder interviews and document analysis. The study's findings indicate that misuse of village funds has resulted in significant losses to the state and undermined public trust. The cases in Sukosari and Gemarang demonstrate a pattern of systemic corruption through budget inflation and unrealistic procurement. The findings underscore the need for integrated reforms strengthening oversight mechanisms, enhancing village official capacity, and fostering community participation to achieve transparent and accountable village governance in village fund management, in order to create a transparent and accountable village government.

Forming of Regional Regulations Based on Good Governance Principles: Efforts to Realize Quality Regulations

Syofyan Hadi — 2026-03-03

Regional regulations should be designed to promote public welfare, not merely to maintain rigid social order. They must be formulated flexibly to adapt to evolving community needs. This research examines the position of Regional Regulations within Indonesia’s legal hierarchy, analyzes the application of good governance principles in their formation, and proposes a model for their development based on these principles. This study employs normative legal research using statutory and conceptual approaches. The results of this research indicate that Regional Regulations are basically formed as delegated legislation, not as main legislation. Consequently, Regional Regulations must conform to laws issued by the Central Government. Accordingly, their formation must incorporate good governance principles. These principles at least include transparency, meaningful public participation, and accountability. The proposed model comprises five stages: needs analysis through research; participatory drafting with impact analysis; democratic discussion; effective implementation; and periodic evaluationan impact analysis, discussing the Draft Regional Regulation democratically, implementing the Regional Regulation effectively, and evaluating Regional Regulation periodically.

Legal Analysis of Hoax Dissemination as an Unlawful Act on Social Media

Jessy Yohanes — 2026-03-09

The phenomenon of hoaxes or fake news on social media has become a serious threat in Indonesia, causing horizontal conflicts, public panic, and economic losses. Spreading hoaxes constitutes an unlawful act, both criminally and civilly. While previous studies mainly emphasized criminal aspects through the UU ITE and Kitab Undang-Undang Hukum Pidana, this research also highlights civil liability under Article 1365 of the Kitab Undang-Undang Hukum Perdata, which provides for compensation to victims. The study aims to analyze the legal-normative framework concerning the spread of hoaxes as an unlawful act and to formulate the forms of criminal and civil liability that may arise. Using a normative juridical method with a statute approach, the research examines primary legal materials, particularly UU No. 1 Tahun 2024 (Second Amendment to the UU ITE), and relevant secondary materials. The findings reveal that hoax dissemination fulfills the elements of a tort under Article 1365 of the KUHPerdata namely, an act, unlawfulness (violating rights or propriety), fault (including negligence in verification), loss (material or immaterial), and causality. The study’s novelty lies in its dual analysis combining criminal and civil perspectives. In addition to criminal sanctions imprisonment of up to six years and/or a fine of up to IDR 1 billion under Article 45A of the UU ITE, victims may also pursue civil claims for damages. This dual-path approach enriches legal scholarship and provides practical guidance for victims to achieve comprehensive justice through both criminal punishment and civil compensation.

Democracy and the Peoples’ Tribunal in Joko Widodo’s Era: A Study Based on Responsive Law Theory

Nawaz Syarif — 2026-03-11

This research addresses the decline of democracy and rule of law in Indonesia under President Joko Widodo, characterized by political dynasties, judicial weakening, and laws favoring political power.itical power. These conditions led to the emergence of the Peoples’ Tribunal or Extraordinary Peoples’ Court as a public effort to demand substantive justice. The purpose of this study is to analyze the legitimacy of the Peoples’ Tribunal within Indonesia’s rule of law framework through Responsive Law Theory. This study employs normative legal research using statutory, conceptual, and case study approaches. Data were collected from relevant regulations, court decisions, and scholarly literature, then analyzed using content analysis. The findings reveal that although the Peoples’ Tribunal has no binding legal force, it holds moral and social legitimacy as a corrective mechanism against the failures of formal legal institutions. From the perspective of responsive law, the phenomenon reflects society’s demand for a more adaptive, participatory, and reflective legal system, while also serving as a critique of Indonesia's increasingly formalistic and elitist legal order.

Gender-Based Tort: A Case Study of Discrimination Against Women in the Workplace

Natasya Chen — 2026-03-11

This study examines gender-based discrimination in Indonesian workplaces, focusing on the unlawful termination of pregnant employees. Despite the existence of comprehensive labour regulations, such as “the Minister of Manpower Regulation No. 3 of 1989, Law No. 13 of 2003, as amended by Law No. 6 of 2023”, and other relevant provisions that guarantee the protection of workers’ rights, discriminatory practices against women continue to occur in various employment sectors. The case study of PT IRNC illustrates how employers unlawfully dismissed pregnant workers on illegitimate grounds, thereby violating their rights and causing both material and moral damages. Using a normative legal approach, this study affirms that such discriminatory actions constitute “a tort under Article 1365” of the Indonesian Civil Code, which holds employers legally accountable to provide compensation and reinstate affected workers. Therefore, gender discrimination in the workplace is not only an employment issue but also a form of tort that requires stricter and more consistent law enforcement. This study emphasizes the importance of increasing legal awareness, compliance, and effective implementation to ensure justice, equality, and the full protection of female workers’ rights within Indonesia’s contemporary labour law framework.

Bridging the Epistemic Gap: Reconstructing the Regulation of Scientific Evidence in Indonesia’s Anti Corruption Judiciary

Fransiscus Nanga Roka — 2026-03-11

This research concerns about the epistemic cleavage of legal doctrine and scientific methodology in Indonesia’s anti-corruption judiciary through discussing non-existence formal concept of scientific evidence. The study seeks to provide a re-construction of the concept of legal recognition with respect to scientific evidence as an independent category in Indonesian procedural law so that there could be certainity and justice. Applying a normative juridical approach with statutory, conceptual and comparative studies, this article examines existing regulations between KUHAP and anti-corruption law as well as compared to other legal systems which considered foreign models of the United States, the United Kingdom, Germany or others. The verdicts also expose a gap and a lack of uniformity in terms of the admissibility and assessment of forensic as well as digital evidence in cases related to corruption, creating confusion and eroding judicial authority. The originality of this study is to offer multidimensional reconstruction paradigm, combining with epistemic reliability, chain of custody standards, and judges′ gatekeeping responsibilities, enlightened by other jurisdictions but retains civil law tradition in Indonesia. The proposed forensic model focuses on method validation, ISO-oriented certification and judicial education to enhance evidence assessment. That reconstruction should be expected to improve the transparency of the judiciary, foster forensic accountability, and bring Indonesia in line with international best practices on corruption.

Strengthening Legal Awareness Education on Environmental Permits Through Fiqh al-Bi’ah for Sustainable Fisheries Governance

Azka Nadhira — 2026-03-12

Fishery enterprises in Jember Regency demonstrate low compliance with environmental permit regulations under Government Regulation No. 22/2021. This situation reflects the suboptimal performance of the Jember Regency Environment Agency in delivering legal the Jember Regency Environment Agency in delivering legal education. This condition is reflected in the ongoing operation of illegal shrimp farms, which have a negative impact on the environment and the surrounding residents. This research aims to analyze the urgency of legal awareness education regarding environmental permits, as conducted by the Jember Regency Environment Agency, in managing illegal and environmentally harmful fisheries, and to review it from the perspective of Fiqh al-Bi’ah. The study employs an empirical juridical method. Data collection techniques include interviews, observations, and documentation as primary sources, supported by literature and statutory materials as secondary sources. The findings reveal that legal education provided by the Environment Agency plays a crucial role in promoting compliance with environmental regulations among fishery business actors.. In the concept of Fiqh al-Bi’ah, education is a persuasive effort before the imposition of sanctions, aiming to cultivate awareness that protecting the environment is an act of worship and a moral responsibility of humans as caliphs on earth. This study contributes to enriching the understanding of legal awareness education by emphasizing ethical values within Fiqh al-Bi’ah as the basis for fostering compliance and promoting sustainable environmental and economic development.

Legal Regulatory Issues Regarding Parallel Import Activities in Indonesia

Gregorius Eka Januario CAB — 2026-03-12

Parallel import is a legal phenomenon that often sparks debate in the context of trademark protection in Indonesia. This activity is frequently perceived as infringing the exclusive rights of trademark holders, although it simultaneously supports fair competition and provides broader access to imported goods. This study aims to analyze the legal regulatory issues surrounding parallel import activities and their implications for the legal protection of trademark holders. The research method used is normative legal research with statutory and conceptual approaches. Legal sources include primary legal materials, such as relevant laws, and secondary legal materials in the form of books, scholarly journals, and other supporting literature. The analysis is conducted descriptively to map the prevailing legal regulations and evaluate their effectiveness in providing legal protection. The study finds that the regulations regarding parallel imports in Indonesia still fail to provide adequate legal certainty. The absence of clear norms on the legality boundaries of parallel import activities creates uncertainty for both trademark holders and business actors. Additionally, inconsistencies in law enforcement exacerbate the situation. The findings recommend revising the regulations to not only reinforce legal protection for trademark holders but also consider the principles of fair competition. Such revisions are expected to create a balance between protecting the exclusive rights of trademark holders and meeting market demands for competitively priced imported goods.