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.

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.

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.