JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
type: channel
description: Journal Title: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS) Initials: JHPIS Frequency:Maret, Juni, September dan Desember Print ISSN: 2963-8704 Online ISSN:2963-7651 Editor in Chief: Dr. Mangihut Siregar, M.Si. DOI: 10.55606 Publisher: Lembaga Pengembangan Kinerja Dosen JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS) E-ISSN : 2963-7651 dan P-ISSN : 2963-8704 adalah Jurnal ini memuat kajian-kajian di bidang ilmu hukum baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. JURNAL HUKUM, POLITIK DAN ILMU SOSIAL, Jurnal ini terbit 1 tahun 4 kali (Maret, Juni, September dan Desember). Jurnal ini terakreditasi SINTA 4 (SK Direktur Jenderal Pendidikan Tinggi, Riset, dan Teknologi Nomor 355/DST/D.D1/HM.01.01/2026 tanggal 24 Juli 2026, tentang Pemberitahuan Hasil Akreditasi Jurnal Ilmiah Periode 3 Tahun 2025), dimulai dari Volume 2 Nomor 4 Tahun 2023 sampai Volume 7 Nomor 3 Tahun 2028. Indexed by: Journal Sponsors and Partners :
publisher: Lembaga Pengembangan Kinerja Dosen
language: en-US
publication name: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
issn: 2963-8704
items: Analisis Yuridis Penetapan Pengakuan Anak Luar Kawin dan Perwalian Anak Luar Kawin Berdasarkan Putusan Nomor 456/Pdt.p/2020/PN Jkt.Pst
items: Budaya Politik Transaksional dan Tantangan Partisipasi Publik dalam Demokrasi Indonesia di Era Digital
items: Legalitas Bukti Digital Berbasis Kecerdasan Buatan dalam Proses Peradilan
items: Studi Efektifitas Pendekatan Restoratif dalam KUHP Baru (2023) dalam Mengurangi Overcrowding di Lembaga Pemasyarakatan
items: Penggunaan Media Sosial terhadap Etika Profesi Hukum dan Integritas Praktisi Hukum
items: Pertanggungjawaban Pelaku Tindak Pidana Pelecehan Seksual Secara Verbal (Catcalling) di Tempat Umum
items: Peralihan Hak Asuh Anak Pasca Perceraian Akibat Perubahan Kondisi Psikologis Ibu sebagai Pemegang Hak Asuh
items: Perlindungan Kekayaan Intelektual (Hak Cipta) Berbasis Digital dalam Masyarakat 5.0
items: Problematika Implementasi Koperasi Merah Putih dalam Mewujutkan Kesejahteraan Masyarakat Desa
items: Peran Notaris dan Ppat dalam Menjelaskan Isi Akta kepada Para Pihak sebagai Upaya Perlindungan Hukum
items: Kegagalan Sistemik Penerapan Prinsip Ham Perkap 8/2009 Dalam Pengamanan Unjuk Rasa
items: Disharmoni Regulasi dan Defisit Akuntabilitas Brimob dalam Operasi Kontra-Terorisme
items: Keterwakilan Politik Perempuan Pasca Pemilu: Analisis Representasi Substantif Perempuan dalam Kepemimpinan Khofifah Indar Parawansa di Jawa Timur
items: Pencemaran Nama Baik menurut Sudut Pandang Hak Asasi Manusia (HAM)
items: Penerapan Safeguard sebagai Instrumen Proteksi Hukum dalam Perdagangan Internasional
items: Transformasi Politik Islam dalam Merespons Konflik Pakistan–India di Era Digital
items: Kerjasama ASEAN dalam Penanganan Pengungsi Rohingya: Tantangan Prinsip Non-Intervensi di Tengah Krisis Kemanusiaan (2021-2025)
items: Pembagian Harta Warisan Anak yang Lahir dari Perkawinan Beda Agama Menurut Hukum Islam
items: Ketidakpastian Status Hubungan Kerja dalam Ekonomi Digital
items: Strategi Komunikasi Politik Wakil Wali Kota Jambi dalam Membangun Citra Kepemimpinan Inklusif di Kalangan Generasi Muda
items: Kuota 30% Perempuan dalam Pemilu 2024
items: Fungsi Pengawasan Badan Permusyawaratan Desa dalam Pengelolaan Dana Desa di Desa Bunisari, Kecamatan Cigugur, Kabupaten Pangandaran
items: Efektivitas Kebijakan Pemerintah dan Kepatuhan Publik dalam Menjalankan Pembatasan Sosial Berskala Besar Covid-19
items: Peran Elit Politik DPRD dalam Pemenangan Aktor Baru pada Pilkada Kota Sungai Penuh 2024
items: Kebijakan Hukum Pencegahan Perkawinan Anak dalam Peraturan Daerah Provinsi Nusa Tenggara Barat Nomor 5 Tahun 2021
items: Keterwakilan Perempuan dalam Seleksi Pimpinan Komisi Pemberantasan Korupsi 2024 pada Tahap Seleksi Awal dan Akhir
items: Perlindungan Konsumen terhadap Penipuan Transaksi Online Berdasarkan UU ITE Indonesia
items: Tanggung Jawab Direksi Atas Kerugian Perseroan Berdasarkan UU Perseroan Terbatas
items: Pembelaan Terpaksa dalam KUHP Nasional Sebagai Wujud Penegakan Hukum Pidana yang Berkeadilan
items: Pewarisan Testament (Testamentair Erfrecht) dalam Burgerlijk Wetboek Atau Kitab Undang-Undang Hukum Perdata

Analisis Yuridis Penetapan Pengakuan Anak Luar Kawin dan Perwalian Anak Luar Kawin Berdasarkan Putusan Nomor 456/Pdt.p/2020/PN Jkt.Pst
type: item
description: The recognition of illegitimate children and the determination of guardianship are family law issues that play a crucial role in ensuring the protection of children’s rights, particularly regarding legal identity, civil relations, and child welfare in the Indonesian legal system. This study aims to legally analyze the determination of the recognition of illegitimate children and the guardianship of illegitimate children based on Decision Number 456/Pdt.P/2020/PN Jkt.Pst. The main focus of this study includes the legal basis for the recognition of illegitimate children, the judge’s considerations in determining the recognition and guardianship, and the legal implications for the status and protection of children. The research method used is normative juridical research with a descriptive qualitative approach through a literature study of relevant laws and regulations, court decisions, journals, and legal doctrines. The results of the study indicate that the court plays a strategic role in providing legal legitimacy to illegitimate children through the recognition of biological fathers and the determination of guardianship based on the principles of legal certainty, justice, and the best interests of the child. This determination provides certainty of legal identity, civil rights, rights to support, education, protection, and social and psychological welfare for children. Thus, this research is expected to strengthen understanding of the importance of legal protection for illegitimate children and encourage the development of fairer, more inclusive, and child-rights-oriented regulations and policies in Indonesia.
creator: Saka Shofa'il Asroor
creator: Fahira Carla Puspita
creator: Rayi Kharisma Rajib
rights: Copyright (c) 2026 Saka Shofa'il Asroor, Fahira Carla Puspita, Rayi Kharisma Rajib https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-02
publication date: 2026-06-02
volume: 5
number: 2
starting page: 1
ending page: 12
doi: 10.55606/jhpis.v5i2.6126

Budaya Politik Transaksional dan Tantangan Partisipasi Publik dalam Demokrasi Indonesia di Era Digital
type: item
description: This study aims to examine the transformation of transactional political culture and its impact on the quality of public participation within the digital democracy landscape in Indonesia. Amidst the optimism for the expansion of public deliberation spaces through social media platforms, clientelism practices have empirically mutated into more sophisticated forms, creating an existential threat to electoral integrity. This research employs a qualitative approach with a library research design, focusing its data collection exclusively on recent scientific journal articles. Through content analysis and source triangulation techniques, the literature synthesis reveals three main findings. First, there is a shift from conventional money politics to algorithmic patronage that exploits electronic financial instruments and big data. Second, the massive commodification of cyberspace by cyber troops who systematically produce fabricated public discourse and trigger a spiral of silence among critical groups. Third, the degradation of civic engagement into mere pseudo-participation, where voter rationality is distorted by materialistic pragmatism and cognitive fatigue. This study concludes that digitalization without the cognitive immunity of the society will only perpetuate the hijacking of democracy by oligarchic elites. Therefore, it is recommended to undertake institutional reforms that criminalize cyber money politics, substantively strengthen digital political literacy, and foster participatory electoral oversight rooted in the collaboration of local communities.
creator: Silma Nabila
creator: Zahra Ayu Pratiwi
creator: Bella Oktadyna Putri
creator: Rudi Santoso
rights: Copyright (c) 2026 Silma Nabila, Zahra Ayu Pratiwi, Bella Oktadyna Putri, Rudi Santoso https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-02
publication date: 2026-06-02
volume: 5
number: 2
starting page: 13
ending page: 22
doi: 10.55606/jhpis.v5i2.6147

Legalitas Bukti Digital Berbasis Kecerdasan Buatan dalam Proses Peradilan
type: item
description: The development of artificial intelligence has changed the way digital information is collected, processed, and presented in judicial processes. AI-based digital evidence can assist law enforcement institutions in identifying patterns, classifying large volumes of data, and strengthening electronic evidence in cases involving cybercrime, electronic transactions, and other technology-related disputes. However, the use of AI also raises important questions concerning legality, transparency, accountability, algorithmic bias, and the protection of personal data and human rights. This study aims to examine the legal position of AI-based digital evidence in Indonesian judicial practice and to identify the regulatory and ethical requirements that should be fulfilled before such evidence is accepted in court. The research applies a qualitative descriptive approach through library research by reviewing legislation, scholarly literature, and relevant regulatory developments concerning electronic evidence, data protection, and electronic court administration. The discussion shows that Indonesian law has recognized electronic information and electronic documents, yet it has not specifically regulated AI-generated or AI-processed evidence. Therefore, courts need clear standards for verification, auditability, chain of custody, explainability, and human oversight. The study concludes that AI-based digital evidence may support a more efficient justice system, but its acceptance must remain subject to due process, proportionality, and protection of individual rights.
creator: Muhammad Arifudin MZ
creator: M Cakra Bima
rights: Copyright (c) 2026 Muhammad Arifudin MZ, M Cakra Bima https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-02
publication date: 2026-06-02
volume: 5
number: 2
starting page: 23
ending page: 33
doi: 10.55606/jhpis.v5i2.6099

Studi Efektifitas Pendekatan Restoratif dalam KUHP Baru (2023) dalam Mengurangi Overcrowding di Lembaga Pemasyarakatan
type: item
description: The New Criminal Code of 2023 represents a criminal law reform in Indonesia that prioritizes a more humane and proportional approach to sentencing. This reform was motivated by the problem of overcrowding in correctional institutions, which has resulted in a decline in the quality of inmate development. In this context, restorative justice presents an alternative resolution of criminal cases oriented towards restoring relationships between perpetrators and victims and reducing reliance on imprisonment. This study aims to analyze the effectiveness of the restorative approach in the New Criminal Code in reducing overcrowding. The research method used is normative legal research with a statutory and conceptual approach. The results show that restorative justice has the potential to reduce the number of inmates through out-of-court settlement mechanisms, particularly for certain crimes. However, there is unequal understanding among law enforcement officials and a lack of institutional support. Therefore, strengthening policies and coordination between institutions is needed so that the restorative approach can be effective in addressing overcrowding in correctional institutions.
creator: Sulastri Sulastri
rights: Copyright (c) 2026 Sulastri Sulastri https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-11
publication date: 2026-06-11
volume: 5
number: 2
starting page: 34
ending page: 44
doi: 10.55606/jhpis.v5i2.6087

Penggunaan Media Sosial terhadap Etika Profesi Hukum dan Integritas Praktisi Hukum
type: item
description: . Social media has become an important digital space that influences the way legal practitioners communicate, educate, and build professional relations with the public. However, the use of social media by legal practitioners also raises ethical challenges, particularly in relation to professional conduct, client confidentiality, public opinion, and legal integrity. This study aims to analyze the influence of social media on the ethics of the legal profession and the integrity of legal practitioners in the digital era. This research uses a normative legal method with statutory and conceptual approaches. The legal materials used include laws and regulations, professional codes of ethics, journals, books, and relevant legal articles. The results show that social media can provide positive benefits as a means of legal education, public communication, and access to legal information. Nevertheless, social media can also create ethical risks when used for excessive promotion, disclosure of client confidentiality, dissemination of personal data, provocative statements, or the formation of public opinion that may interfere with legal processes. Therefore, legal practitioners must use social media carefully, professionally, and responsibly by upholding ethical principles, confidentiality, integrity, and applicable legal norms. This study emphasizes that social media should not only be understood as a communication tool, but also as a public space that requires ethical and legal accountability.
creator: Saka Shofa'il Asroor
creator: Maswa Elfa Karomi
creator: Nurul Baiti F Wahid
creator: Baidhowi Baidhowi
rights: Copyright (c) 2026 Saka Shofa'il Asroor, Maswa Elfa Karomi, Nurul Baiti F Wahid, Baidhowi Baidhowi https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-13
publication date: 2026-06-13
volume: 5
number: 2
starting page: 45
ending page: 55
doi: 10.55606/jhpis.v5i2.6179

Pertanggungjawaban Pelaku Tindak Pidana Pelecehan Seksual Secara Verbal (Catcalling) di Tempat Umum
type: item
description: Criminal liability for perpetrators of verbal sexual harassment (catcalling) in public places, which is a form of non-physical sexual violence that is often normalized in Indonesian society. Catcalling has serious psychological impacts on victims, such as shame, fear, and loss of security. This study aims to analyze the basis for criminal liability of catcalling perpetrators in the perspective of Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS), as well as to examine the form of legal protection provided to victims. This study uses a normative legal method with a legislative approach and literature study. The results of the study indicate that catcalling has been recognized as a form of non-physical sexual violence in Article 5 and Article 14 of the TPKS Law, with a maximum prison sentence of 9 months and/or a maximum fine of IDR 10 million. However, obstacles to proof in catcalling cases are still the main obstacle, especially due to the lack of physical evidence, lack of witnesses, and social stigma against victims. This study also highlights the importance of the role of the state and institutions such as LPSK in ensuring protection, recovery, and legal assistance for victims. Strategic and collaborative efforts are needed between the government, law enforce
creator: Nurul Farida
creator: Rini Apriyani
creator: Ine Ventyrina
rights: Copyright (c) 2026 Nurul Farida, Rini Apriyani, Ine Ventyrina https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-17
publication date: 2026-06-17
volume: 5
number: 2
starting page: 56
ending page: 65
doi: 10.55606/jhpis.v5i2.6161

Peralihan Hak Asuh Anak Pasca Perceraian Akibat Perubahan Kondisi Psikologis Ibu sebagai Pemegang Hak Asuh
type: item
description: This study examines the application of the ne bis in idem principle in child custody transfer claims following divorce due to changes in the mother’s psychological condition as the custodial parent. The research focuses on the judge’s consideration of the ne bis in idem exception and the legal validity of the mother’s psychological condition as a basis for transferring custody in Decision Number 87/Pdt.G/2022/PN.Sby. A normative legal research method was used, with statute and case approaches, employing primary legal materials such as court decisions and legislation, as well as secondary sources from relevant legal literature. The study finds that the ne bis in idem principle cannot be rigidly applied in child custody matters because custody is dynamic. The panel of judges rejected the ne bis in idem exception due to the presence of new relevant facts, including the mother’s psychological condition affecting her caregiving ability.
creator: Naura Aqila Dasnita Putri
rights: Copyright (c) 2026 Naura Aqila Dasnita Putri https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-19
publication date: 2026-06-19
volume: 5
number: 2
starting page: 66
ending page: 78
doi: 10.55606/jhpis.v5i2.6239

Perlindungan Kekayaan Intelektual (Hak Cipta) Berbasis Digital dalam Masyarakat 5.0
type: item
description: Technological advancements in the Society 5.0 era have increased the risk of copyright infringement due to the ease of access to and distribution of digital works, including those generated by artificial intelligence (AI). This study aims to analyze the legal framework for digital copyright protection, institutional roles, as well as the challenges and strategies for strengthening it in Indonesia. The method used is a normative legal approach based on legislation through a documentary study of relevant regulations. The results of the study indicate that Indonesia already has a legal framework through Law No. 28 of 2014 on Copyright and the ITE Law; however, its implementation has not been optimal due to low public legal awareness, weak law enforcement, and the lack of specific regulations regarding AI-based works. Strengthening intellectual property protection in the digital era requires regulatory updates, improved legal literacy, cross-sector collaboration, and the utilization of technology in law enforcement.
creator: Ratu Salsabila Azzahra
rights: Copyright (c) 2026 Ratu Salsabila Azzahra https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-19
publication date: 2026-06-19
volume: 5
number: 2
starting page: 79
ending page: 92
doi: 10.55606/jhpis.v5i2.6240

Problematika Implementasi Koperasi Merah Putih dalam Mewujutkan Kesejahteraan Masyarakat Desa
type: item
description: The Merah Putih Cooperative is one of the government's programs that plays an important role in strengthening the village community's economy through community-based economic empowerment. However, in order to support this goal, various obstacles are still found that affect its implementation in achieving the welfare of village communities. This study aims to analyze the implementation of the Merah Putih Cooperative and identify the factors that hinder its execution. The study uses a qualitative method with a descriptive approach through library research. Data is obtained from various sources such as books, scientific journals, articles, policy documents, and relevant legislation. The research analysis uses George C. Edwards III's policy implementation theory, which includes aspects of communication, resources, disposition, and bureaucratic structure, as well as Max Weber's social welfare theory. The research results indicate that the implementation of the Merah Putih Cooperative has not yet run optimally. The obstacles found include a lack of program socialization, limited human resources and business capital, low commitment of cooperative managers, weak coordination between institutions, as well as low community participation and trust in the cooperative. These conditions cause the cooperative to be unable to carry out its economic empowerment functions to the fullest. Therefore, it is necessary to strengthen institutional capacity, enhance human resource capacity, provide capital support, and develop community participation to improve the effectiveness of the Merah Putih Cooperative in supporting the welfare of village communities.
creator: Yopi Ardiansyah
creator: Natalia Natalia
creator: Marta Arya
rights: Copyright (c) 2026 Yopi Ardiansyah, Natalia Natalia, Marta Arya https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-23
publication date: 2026-06-23
volume: 5
number: 2
starting page: 93
ending page: 105
doi: 10.55606/jhpis.v5i2.6268

Peran Notaris dan Ppat dalam Menjelaskan Isi Akta kepada Para Pihak sebagai Upaya Perlindungan Hukum
type: item
description: The obligation of Notaries and Land Deed Officials (PPAT) to explain the contents of deeds to the parties constitutes an essential aspect of legal protection within the Indonesian legal system. As public officials authorized to produce authentic deeds, Notaries and PPAT are not only responsible for documenting the intentions of the parties but also for ensuring that all parties fully understand the legal consequences arising from the deed. This study aims to analyze the legal regulation concerning the obligation of Notaries and PPAT to explain the contents of deeds and to examine their role in providing legal protection to the parties involved. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that Indonesian laws and regulations have explicitly regulated the obligation of Notaries and PPAT to read, explain, and provide legal counseling regarding the contents of deeds before their execution. Such obligations represent a form of preventive legal protection intended to safeguard the rights and interests of the parties, prevent legal disputes, and ensure the validity of legal agreements. Furthermore, the role of Notaries and PPAT in explaining deed contents contributes significantly to legal certainty, the prevention of defects of consent, and the strengthening of the evidentiary value of authentic deeds.
creator: Ulfia Hasanah
creator: Syahida Salwa
rights: Copyright (c) 2026 Ulfia Hasanah, Syahida Salwa https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-23
publication date: 2026-06-23
volume: 5
number: 2
starting page: 106
ending page: 121
doi: 10.55606/jhpis.v5i2.6269

Kegagalan Sistemik Penerapan Prinsip Ham Perkap 8/2009 Dalam Pengamanan Unjuk Rasa
type: item
description: The freedom of public assembly is a constitutional right under Article 28E paragraph (3) of the 1945 Constitution of Indonesia, yet it often collides with police authority to maintain public order through preventive actions of the Mass Control Unit (Dalmas). This article critically analyses the implementation of four human rights principles-legality, necessity, proportionality, and accountability-stipulated in National Police Regulation Number 8 of 2009 during the 23 August 2024 demonstration in front of the West Java Regional Legislative Building by the Dalmas Unit of Polrestabes Bandung. The study uses a normative juridical method supported by empirical data, applying statutory, conceptual, case, and socio-legal approaches, analysed through Human Rights in Law Enforcement Theory and Lawrence M. Friedman’s Legal System Theory. Findings reveal violations of all principles: illegality through extra-legal detention, unnecessary pursuit of fleeing protesters, disproportionate force causing injuries, and lack of accountability due to absence of legal counsel and internal investigation. Violations are systemic due to weak training, poor SOPs, and force culture; reform needed across structure, substance, culture.
creator: Ertiana Tri Warkamni
creator: R. Eriska Ginalita Dwi
rights: Copyright (c) 2026 Ertiana Tri Warkamni, R. Eriska Ginalita Dwi https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-24
publication date: 2026-06-24
volume: 5
number: 2
starting page: 122
ending page: 138
doi: 10.55606/jhpis.v5i2.6275

Disharmoni Regulasi dan Defisit Akuntabilitas Brimob dalam Operasi Kontra-Terorisme
type: item
description: The Mobile Brigade Corps (Brimob) stands at the frontline of counterterrorism in Indonesia, yet operates under a legal framework designed for ordinary policing. This study analyses two issues: the juridical regulation of Brimob’s authority and its implementation from the perspectives of legality and legal accountability. It employs juridical-empirical (socio-legal) research combining statutory, conceptual, and case approaches, with Operation Tinombala (2015–2023) as the case study. Primary data were gathered through interviews with Brimob personnel and BNPT officials, complemented by vertical-horizontal synchronisation analysis of the relevant regulations. The findings show that Brimob’s authority rests on a valid attribution but contains regulatory disharmony particularly between Law Number 5 of 2018 and unrevised Chief of Police Regulations, and between the police and defence legal regimes in joint operations. Implementation reveals a das sollen–das sein gap in proportionality of force, command accountability, and external oversight. The novelty lies in disaggregating that gap into three typologies normative, implementative, and institutional each demanding a distinct remedy, thereby shifting the burden of reform from individual officers to regulatory design. The study concludes that reform of Brimob’s legal framework is urgent and must be differentiated according to the typology of the gap, rather than uniform.
creator: Kevin Kresna Aditya
creator: Ujuh Juhana
rights: Copyright (c) 2026 Kevin Kresna Aditya, Ujuh Juhana https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-24
publication date: 2026-06-24
volume: 5
number: 2
starting page: 139
ending page: 161
doi: 10.55606/jhpis.v5i2.6278

Keterwakilan Politik Perempuan Pasca Pemilu: Analisis Representasi Substantif Perempuan dalam Kepemimpinan Khofifah Indar Parawansa di Jawa Timur
type: item
description: Women's political representation in Indonesia has continued to increase. However, women's success in attaining political office does not necessarily lead to the substantive representation of women's interests. This study aims to analyze how Khofifah Indar Parawansa's political representation as a female leader is translated into substantive representation through policies and public statements during her tenure as Governor of East Java. This research employs a qualitative method with a library research approach and content analysis of relevant academic literature, official documents, and news articles. The analysis is based on Hanna Pitkin's theory of political representation, particularly the concepts of descriptive and substantive representation. The findings indicate that Khofifah's position as a female governor reflects descriptive representation, while her policies on women's and children's protection, women's economic empowerment, and her consistent advocacy of gender equality demonstrate a tendency toward substantive representation. These findings suggest that the quality of women's political representation is determined not only by electoral success but also by the ability to translate political mandates into policies that advance women's interests.
creator: Cendana Anabel
creator: Nabilah Nameera Ruzdy
creator: Naura Rania Bari
creator: Lia Wulandari
rights: Copyright (c) 2026 Cendana Anabel, Nabilah Nameera Ruzdy, Naura Rania Bari, Lia Wulandari https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-26
publication date: 2026-06-26
volume: 5
number: 2
starting page: 162
ending page: 184
doi: 10.55606/jhpis.v5i2.6285

Pencemaran Nama Baik menurut Sudut Pandang Hak Asasi Manusia (HAM)
type: item
description: The criminal act of defamation is regulated by the government, both in general and specific provisions, and is intended to provide comfort and protection for the feelings of society. The handling of defamation in criminal law is closely related to Article 310 of the Indonesian Criminal Code (KUHP). Insult, minor defamation, slander, and public humiliation are classified as forms of defamation that fall under criminal provisions handled by public prosecutors. From a human rights perspective, defamation is considered a minor offense. However, to prevent arbitrary actions in arresting suspects, specific rules and guidelines are required as references for law enforcement officers in handling such cases. This study employs a normative juridical method by examining relevant laws and regulations. The results show that defamation is a form of insult that may constitute a violation of human rights if law enforcement is carried out arbitrarily. Therefore, clear regulations and guidelines are necessary to ensure legal protection and to uphold human rights principles in handling defamation cases.
creator: Nyoman Suryaningrat Widya Dharma Putra
creator: Si Ngurah Ardhya
rights: Copyright (c) 2026 Nyoman Suryaningrat Widya Dharma Putra, Si Ngurah Ardhya https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-29
publication date: 2026-06-29
volume: 5
number: 2
starting page: 185
ending page: 199
doi: 10.55606/jhpis.v5i2.6315

Penerapan Safeguard sebagai Instrumen Proteksi Hukum dalam Perdagangan Internasional
type: item
description: This study aims to analyze the regulation of safeguards in international trade law and their role as an instrument for protecting domestic industries. The research method employed is a normative legal approach, focusing on a legal literature review by analyzing relevant literature and secondary data. This research method was conducted through a literature review, including books, journals, and official documents related to the application of safeguards in international trade and Indonesian national law. The results of the study indicate that safeguards are a legitimate legal instrument in international trade to protect domestic industries from surges in imports that cause or threaten serious harm. In the Indonesian context, the regulation of safeguards through Law No. 7 of 1994, Presidential Decree No. 84 of 2002, and their implementing regulations demonstrates Indonesia’s commitment to WTO rules while also reflecting efforts to safeguard national industrial interests. Thus, safeguards serve as a strategic temporary protection mechanism to strengthen the competitiveness of domestic industries amid global trade pressures.
creator: Kaila Alfa Azalea
creator: Nazwa Saffanah Qolbi
rights: Copyright (c) 2026 Kaila Alfa Azalea, Nazwa Saffanah Qolbi https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-29
publication date: 2026-06-29
volume: 5
number: 2
starting page: 200
ending page: 210
doi: 10.55606/jhpis.v5i2.6293

Transformasi Politik Islam dalam Merespons Konflik Pakistan–India di Era Digital
type: item
description: This study aims to analyze the transformation of Islamic politics in responding to the Pakistan-India conflict in the digital era by examining changes in response patterns, political strategies, and reconstruction of Islamic political narratives in the Kashmir issue. The Pakistan-India conflict is not only influenced by geopolitical and territorial disputes, but is also closely related to religious identity, nationalism, and Islamic political dynamics in both countries. The development of digital technology has changed the way Islamic political actors build legitimacy, solidarity, and political mobilization through social media and digital space. This research uses a qualitative approach with the type of library research that utilizes various academic sources in the form of books, journal articles, research reports, and relevant documents related to Islamic politics, the Pakistan-India conflict, and political digitalization. Data was analyzed using content analysis techniques through the process of reduction, categorization, interpretation, and data synthesis in a descriptive-analytical manner. The results of the study show that Islamic politics in Pakistan and India has undergone a transformation from a traditional mobilization pattern based on political parties, clerics, and religious organizations to a more flexible, pragmatic, and transnational form. The digital era is accelerating this change through the use of social media as a new arena for the formation of public opinion, global Muslim solidarity, and political mobilization related to the Kashmir issue. In addition, the reconstruction of Islamic political narratives shows a shift from an exclusive ideological narrative towards the use of more universal political language such as human rights, social justice, and peace. This study concludes that Islamic politics in the digital era has an ambivalent position, which can be a factor in the escalation of conflicts through digital polarization, but also opens up o…
creator: Aris Munandar
creator: Amany Lubis
creator: Maulida Fitria
rights: Copyright (c) 2026 Aris Munandar, Amany Lubis, Maulida Fitria https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 211
ending page: 226
doi: 10.55606/jhpis.v5i2.6323

Kerjasama ASEAN dalam Penanganan Pengungsi Rohingya: Tantangan Prinsip Non-Intervensi di Tengah Krisis Kemanusiaan (2021-2025)
type: item
description: This study examines the humanitarian crisis of Rohingya refugees following the 2021 military coup in Myanmar, which has evolved from a domestic issue into a transnational non-traditional security challenge for Southeast Asia. The research aims to analyze ASEAN’s cooperation dynamics in responding to the increasing influx of Rohingya refugees during the 2021–2025 period and to identify structural constraints arising from the strict implementation of the non-interference principle. A descriptive qualitative method with a literature review approach was employed. Data were analyzed using the interactive model of Miles, Huberman, and Saldaña, consisting of data condensation, data display, and conclusion drawing/verification. The data sources include ASEAN Charter documents, AHA Centre press releases, UNHCR annual reports, and reputable academic journals. The findings indicate that although ASEAN relies on the ASEAN Coordinating Centre for Humanitarian Assistance (AHA Centre) as its emergency response mechanism, its operational effectiveness is severely constrained in practice due to limited access controlled by the Myanmar military junta. This reflects an institutional paralysis in regional humanitarian coordination. The analysis further demonstrates that state sovereignty remains prioritized over individual human security within ASEAN’s normative framework. As an academic contribution, this study proposes a conceptual model of normative flexibility through a Flexible Engagement mechanism. It recommends three key institutional reforms: guaranteeing unconditional humanitarian access for the AHA Centre, adopting a majority voting mechanism for urgent non-traditional security issues, and strengthening the quasi-judicial function of the ASEAN Intergovernmental Commission on Human Rights (AICHR) to improve regional humanitarian response effectiveness.
creator: Vicky Adriansyah
creator: Ushwatul Jannah
rights: Copyright (c) 2026 Vicky Adriansyah, Ushwatul Jannah https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 227
ending page: 238
doi: 10.55606/jhpis.v5i2.6351

Pembagian Harta Warisan Anak yang Lahir dari Perkawinan Beda Agama Menurut Hukum Islam
type: item
description: This study aims to analyze the status of children born to interfaith couples in the distribution of inheritance under Islamic law and to examine the forms of legal protection that can be provided if such children are prevented from becoming heirs due to religious differences. The research method used is normative jurisprudence with a legislative and conceptual approach. Legal materials were obtained through a literature review of the Qur’an, hadith, the Compilation of Islamic Law, the Marriage Law, the Civil Code, and relevant legal literature. The research findings indicate that a child born from an interfaith marriage does not automatically lose the right to their parents’ estate. If both the child and the decedent are Muslim, the child may inherit provided they meet the requirements of Islamic inheritance law. However, if the child belongs to a different religion than the Muslim decedent, they are barred from inheriting directly. In such circumstances, protection for the child can be provided through a gift, a will, or a mandatory bequest. Thus, Islamic law maintains the normative principles of inheritance while also allowing for resolutions oriented toward the public interest, justice, and family harmony.
creator: Della Lesta Mega Agustiany
rights: Copyright (c) 2026 Della Lesta Mega Agustiany https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 239
ending page: 249
doi: 10.55606/jhpis.v5i2.6332

Ketidakpastian Status Hubungan Kerja dalam Ekonomi Digital
type: item
description: The uncertainty of employment status in the digital economy constitutes a significant legal issue arising from the mismatch between conventional labor law frameworks and platform-based work practices. This study aims to analyze the uncertainty of employment relationships in the digital economy, particularly in the context of platform companies such as Shopee Indonesia, and to examine its implications for workers’ legal protection. This research employs a normative legal method using statutory and conceptual approaches. The findings indicate that the relationship between platform workers and companies is formally constructed as a partnership; however, substantively it reflects elements of an employment relationship, particularly in terms of control, economic dependency, and algorithm-based work management. This ambiguity results in the fulfillment of workers fundamental rights, including social security, income certainty, and legal protection. Furthermore, the lack of transparency in algorithmic systems exacerbates the potential for injustice within such working arrangements. Therefore, there is a need for a more adaptive legal policy formulation that emphasizes a substance-over-form approach, recognition of platform workers, and the strengthening of legal protection mechanisms that are not solely dependent on the formal classification of employment relationships.
creator: Marcia Gladys Rumambi
creator: Gunardi Lie
rights: Copyright (c) 2026 Marcia Gladys Rumambi, Gunardi Lie https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 250
ending page: 261
doi: 10.55606/jhpis.v5i2.6340

Strategi Komunikasi Politik Wakil Wali Kota Jambi dalam Membangun Citra Kepemimpinan Inklusif di Kalangan Generasi Muda
type: item
description: This study examines the political communication strategy of Jambi Deputy Mayor, Diza Hazra Aljosha, in building an inclusive leadership image among young people in Jambi City. The research is motivated by the relatively low level of youth political participation despite the large proportion of millennials and Generation Z in the region. This study aims to analyze how political messages are designed, communication channels are selected, and interactions are established to foster engagement and strengthen leadership perception among young people. A qualitative descriptive approach was employed through in-depth interviews with key informants, including the Deputy Mayor, government staff, youth representatives, community members, and political academics. The findings indicate that Diza Hazra Aljosha adopts a participatory, approachable, and youth-oriented communication strategy. Political messages focus on motivation, leadership, creativity, entrepreneurship, digital economy, and youth participation in regional development. Communication is conducted through direct interactions, youth programs, seminars, community forums, and social media platforms such as Instagram, TikTok, and Facebook. The study concludes that this communication strategy effectively enhances youth engagement, strengthens trust in local government, and promotes an inclusive leadership image. The findings contribute to the development of local political communication studies and provide practical insights for designing youth-centered public communication strategies.
creator: Putri Dinazsya Nasywa Aulia
creator: Dimasrizal Dimasrizal
creator: M. Wira Ansori
creator: Mariatul Qibtiyah
rights: Copyright (c) 2026 Putri Dinazsya Nasywa Aulia, Dimasrizal Dimasrizal, M. Wira Ansori, Mariatul Qibtiyah https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 262
ending page: 274
doi: 10.55606/jhpis.v5i2.6346

Kuota 30% Perempuan dalam Pemilu 2024
type: item
description: Women's representation in politics is an important indicator of inclusive democracy and gender equality in the political system. Although a 30% quota policy for women has been implemented in legislative nominations, the increase in the number of women in parliament does not necessarily reflect substantive representation in policy formulation and decision-making. This study aims to analyze the implementation of the 30% quota policy for women in legislative nominations for the Indonesian House of Representatives (DPR RI) in the 2024 General Election and its implications for women's political representation. The research employed a qualitative approach using a literature review method and was analyzed through the perspective of the Politics of Presence theory. Data were obtained from legislation, academic literature, election reports, and relevant scientific publications. The findings indicate that the quota policy has successfully increased women's descriptive representation by expanding opportunities for political participation and legislative nominations. However, substantive representation remains constrained by several factors, including the dominance of political party elites in candidate selection, high political costs, patriarchal political culture, and limited access to strategic decision-making positions. As a result, the numerical increase in women's representation has not been fully accompanied by stronger influence in advancing gender-responsive policies and representing women's interests in parliament. This study concludes that strengthening women's political representation requires not only quota policies but also institutional reforms, political party commitment, and capacity-building programs to ensure meaningful participation and more inclusive democratic governance.
creator: Nabilah Nameera Ruzdy
creator: Alita Aura Zahir
creator: Celcia La Prita Minna
creator: Nurdin Nurdin
creator: Fullah Jumaynah
rights: Copyright (c) 2026 Nabilah Nameera Ruzdy, Alita Aura Zahir, Celcia La Prita Minna, Nurdin Nurdin, Fullah Jumaynah https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 275
ending page: 289
doi: 10.55606/jhpis.v5i2.6336

Fungsi Pengawasan Badan Permusyawaratan Desa dalam Pengelolaan Dana Desa di Desa Bunisari, Kecamatan Cigugur, Kabupaten Pangandaran
type: item
description: This study aims to analyze the oversight function of the Village Consultative Body (BPD) in managing Village Funds in Bunisari Village, Cigugur District, Pangandaran Regency. The study employed a descriptive method with a qualitative approach. Data were obtained through observation, interviews, and documentation, then analyzed using an interactive analysis model encompassing data reduction, data presentation, and conclusion drawing. The analysis was based on Terry's oversight dimensions: work standards, budget, executive reports, and costs. The results indicate that the BPD's oversight function in managing Village Funds has not been optimally implemented. In the work standards dimension, oversight is still constrained by the limited technical and administrative capacity of BPD members. In the budget and costs dimension, oversight tends to focus on the appropriateness of budget use and has not fully measured effectiveness and cost efficiency. Meanwhile, in the executive reports dimension, reporting has been conducted regularly, but reporting failures have still been identified. The main obstacles faced include limited BPD capacity, low community participation, and psychological factors in implementing oversight. Therefore, institutional capacity building, coordination, and community participation are needed to support more transparent and accountable Village Fund management.
creator: Siti Saniaturohmah
creator: Regi Refian Garis
creator: Irfan Nursetiawan
rights: Copyright (c) 2026 Siti Saniaturohmah, Regi Refian Garis, Irfan Nursetiawan https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 290
ending page: 304
doi: 10.55606/jhpis.v5i2.6349

Efektivitas Kebijakan Pemerintah dan Kepatuhan Publik dalam Menjalankan Pembatasan Sosial Berskala Besar Covid-19
type: item
description: The COVID-19 pandemic has prompted the Indonesian government to implement large-scale social restrictions (PSBB) to control the spread of the virus. This study aims to analyze the effectiveness of the PSBB policy and the level of public compliance with its implementation. Using a systematic literature search method, which collects and compares differences and similarities from databases such as Google Scholar, indexed journals, the archives of the Indonesian Ministry of Health, and other supporting publications, the analysis shows that the effectiveness of the PSBB has reached a moderate level (a 25%–40% decrease in cases in urban areas), influenced by interagency coordination and law enforcement. However, public compliance remains low (less than 60% in rural areas) due to economic factors, lack of outreach, and low levels of trust in the government. These findings highlight the need for a collaborative approach that enhances public education and economic incentives for similar policies in the future. This research is expected to strengthen public health literacy to enhance social resilience during the COVID-19 health crisis.
creator: Wanda Ulfia Ramadani
creator: Dea Riski Putri
creator: Muhammad Ikhlas Nandra
creator: M Haikal
creator: Syifa Redita Khalilla
rights: Copyright (c) 2026 Wanda Ulfia Ramadani; Dea Riski Putri , Muhammad Ikhlas Nandra, M Haikal, Syifa Redita Khalilla https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 305
ending page: 316
doi: 10.55606/jhpis.v5i2.6318

Peran Elit Politik DPRD dalam Pemenangan Aktor Baru pada Pilkada Kota Sungai Penuh 2024
type: item
description: This study aims to analyze the role of the DPRD political elite in the victory of new actors in the 2024 Sungai Penuh City Regional Election in Sungai Bungkal District. The study employed qualitative methods with a case study approach. Data were obtained through in-depth interviews, observation, and documentation, then analyzed using the Miles and Huberman interactive model. The results indicate that the DPRD political elite played a crucial role in the victory of the Alfin-Azhar ticket through two main strategies. First, they utilized their formal authority and strategic institutional positions to consolidate party coalitions, manage political coordination, and direct the party machinery. Second, they mobilized constituent networks through the conversion of sociopolitical capital, namely the transfer of the mass base, volunteers, and support networks established in the legislative elections to the regional election arena. The research findings indicate that the victory of new actors is determined not only by the candidate's capacity but also by the DPRD elite's ability to manage their political resources and social networks. This research supports the elite theory of Pareto and Mosca, which positions elites as organized minority groups with significant influence on the direction and outcome of local political contests.
creator: Vebby Angeli
creator: Hatta Muhammad Abdi
creator: Dimasrizal Dimasrizal
rights: Copyright (c) 2026 Vebby Angeli, Hatta Muhammad Abdi, Dimasrizal Dimasrizal https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 317
ending page: 324
doi: 10.55606/jhpis.v5i2.6352

Kebijakan Hukum Pencegahan Perkawinan Anak dalam Peraturan Daerah Provinsi Nusa Tenggara Barat Nomor 5 Tahun 2021
type: item
description: This study aims to analyze the legal policies on the prevention of child marriage in West Nusa Tenggara Provincial Regulation No. 5 of 2021 from the perspective of child protection. This study employs a normative legal methodology using both a legislative and a conceptual approach. The results of the study indicate that NTB Regional Regulation No. 5 of 2021 is a regional legal instrument aimed at preventing child marriage through preventive, educational, coordinative, and participatory approaches. This policy is in line with the Child Protection Act and the Marriage Act because it recognizes children as legal subjects whose rights must be protected. However, its effectiveness still requires strengthened implementation through public awareness campaigns, interagency coordination, oversight, the involvement of traditional and religious leaders, and periodic evaluations.
creator: Raden Susan Fauziyyah Hasan
rights: Copyright (c) 2026 Raden Susan Fauziyyah Hasan https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 325
ending page: 336
doi: 10.55606/jhpis.v5i2.6369

Keterwakilan Perempuan dalam Seleksi Pimpinan Komisi Pemberantasan Korupsi 2024 pada Tahap Seleksi Awal dan Akhir
type: item
description: Women's representation in strategic public positions is an important indicator of inclusive democracy and good governance. However, the representation of women in the 2024 selection process for the leadership of Indonesia’s Corruption Eradication Commission (KPK) steadily declined, resulting in no women being appointed to the 2024–2029 leadership board. This study aims to analyze women's representation throughout the selection process and examine the phenomenon through the Glass Ceiling perspective. Using a qualitative approach, the study employs document analysis based on academic journals, online articles, official documents, government publications, and relevant books. The findings reveal that although women had formal access to participate in the selection process, their representation decreased at each stage, leaving no female candidates in the final outcome. This indicates a gap between women's participation and their chances of attaining top leadership positions, influenced by structural, cultural, and institutional barriers. Furthermore, the absence of women in KPK leadership has implications for representation and inclusivity in public governance.
creator: Calista Mutiara Uma
creator: Cendana Anabel
creator: Khadijah Almunadya Fitria
creator: Nurdin Nurdin
creator: Fullah Jumaynah
rights: Copyright (c) 2026 Calista Mutiara Uma, Cendana Anabel, Khadijah Almunadya Fitria, Nurdin Nurdin, Fullah Jumaynah https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 337
ending page: 349
doi: 10.55606/jhpis.v5i2.6286

Perlindungan Konsumen terhadap Penipuan Transaksi Online Berdasarkan UU ITE Indonesia
type: item
description: The rapid growth of e-commerce in Indonesia has been accompanied by an increasing risk of online transaction fraud that causes significant financial losses to consumers. Although the government has strengthened cyber regulations through Law No. 1 of 2024 concerning the latest Information and Electronic Transactions (ITE) Law, challenges remain in ensuring effective legal protection for victims. This study aims to analyze the juridical synchronization of criminal sanctions for cyber fraud between the latest ITE Law and the provisions of the Indonesian Criminal Code (KUHP), as well as to examine the reconstruction of repressive legal protection for consumer loss recovery from the perspective of the Consumer Protection Law (UUPK). This research employs a normative juridical approach using statutory and conceptual approaches. Legal materials were collected through library research and analyzed descriptively and qualitatively using a deductive method. The findings reveal overlapping legal norms and potential disparities arising from the rigid interpretation of the "consumer loss" element under Article 28 paragraph (1) of the latest ITE Law when compared with fraud provisions in both the existing KUHP and the New Criminal Code (Law No. 1 of 2023). Furthermore, the current repressive protection mechanism under the UUPK remains ineffective in restoring consumers' material losses due to the dominance of a retributive legal approach and the anonymity inherent in digital transactions. Therefore, reconstructing cyber law enforcement by strengthening restorative justice mechanisms, including optimizing the integration of civil claims into criminal proceedings under Article 98, is essential to provide more adaptive and effective consumer protection.
creator: Muardi Friska
creator: Merthalina Gulo
creator: Siti Suhriyah
creator: Roni Rustandi
rights: Copyright (c) 2026 Muardi Friska, Merthalina Gulo, Siti Suhriyah, Roni Rustandi https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 350
ending page: 367
doi: 10.55606/jhpis.v5i2.6406

Tanggung Jawab Direksi Atas Kerugian Perseroan Berdasarkan UU Perseroan Terbatas
type: item
description: The liability of directors for corporate losses under the Limited Liability Companies Act is a critical issue in corporate law, particularly in determining the boundary between the personal liability of directors and reasonable business risk. This study aims to analyze the regulations governing the personal liability of directors for corporate losses as well as the application of the Business Judgment Rule as the basis for exempting directors from liability under Indonesian corporate law. This study employs a normative legal method using both a statutory and a conceptual approach. The legal materials used include primary, secondary, and tertiary sources. The results of the study indicate that directors may be held personally liable if the company’s losses are proven to have been caused by their errors or negligence in the performance of their duties, as stipulated in Article 97(3) of Law No. 40 of 2007. However, Article 97(5) provides legal protection through the Business Judgment Rule if the board of directors can cumulatively prove the existence of good faith, due diligence, the absence of a conflict of interest, and preventive measures against losses. This study concludes that clearer guidelines are needed to distinguish between reasonable business risks and negligence on the part of the board of directors in order to strengthen legal certainty and corporate governance.
creator: Maria Yosefa Amorita Nathanasha
rights: Copyright (c) 2026 Maria Yosefa Amorita Nathanasha https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 368
ending page: 380
doi: 10.55606/jhpis.v5i2.6410

Pembelaan Terpaksa dalam KUHP Nasional Sebagai Wujud Penegakan Hukum Pidana yang Berkeadilan
type: item
description: The enactment of the National Criminal Code has updated Indonesian criminal law, including provisions on necessary defense (noodweer) as a justification. However, its application continues to spark debate in practice, as seen in the Hogi Minaya case regarding the line between legitimate self-defense and a criminal offense. This study aims to analyze the provisions on self-defense in the National Criminal Code and to examine their application in the Hogi Minaya case as a manifestation of fair criminal law enforcement. This study is a normative legal study using a statutory approach, a conceptual approach, and a case-based approach. Legal materials were analyzed qualitatively using a descriptive-analytical method. The results of the study indicate that the provisions on necessary defense in the National Criminal Code have provided more comprehensive parameters for assessing the existence of an unlawful attack, the element of necessity, the proportionality of the defensive action, and the balance between the protected legal interests and the actions taken. In the case of Hogi Minaya, the application of the elements of necessary defense should be carried out carefully and objectively to prevent the criminalization of a party acting to protect their life, honor, or property. Therefore, the proper application of the concept of necessary defense is an important instrument in realizing the enforcement of criminal law that upholds substantive justice.
creator: Fadhel Fadhel
creator: Ahmad Ravi Nur Febrianto
rights: Copyright (c) 2026 Fadhel Fadhel, Ahmad Ravi Nur Febrianto https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-07-16
publication date: 2026-07-16
volume: 5
number: 2
starting page: 381
ending page: 391
doi: 10.55606/jhpis.v5i2.6460

Pewarisan Testament (Testamentair Erfrecht) dalam Burgerlijk Wetboek Atau Kitab Undang-Undang Hukum Perdata
type: item
description: This study aims to analyze the status and form of testamentary succession, the requirements and limitations of its validity, and the legal consequences and legal protections for the parties involved based on the Burgerlijk Wetboek or the Civil Code. The study employs a normative legal method using both a statutory and a conceptual approach. The primary legal sources consist of provisions in the Civil Code, while secondary legal sources were obtained from relevant legal books and journals. Data were collected through a literature review and analyzed using a descriptive qualitative method. The results of the study indicate that testamentary succession grants the testator the freedom to determine the beneficiaries and the distribution of their estate through erfstelling or legaat. However, this freedom is not absolute, as it is limited by requirements regarding legal capacity, the formal requirements for a will, the testator’s free will, prohibitions against certain parties receiving benefits, and the protection of the heirs’ reserved share (legitieme portie). A will takes legal effect upon the testator’s death and may be amended or revoked while the testator is still alive. Thus, testamentary succession is a legal instrument that provides flexibility for the testator while ensuring legal certainty, fairness, and protection for heirs and beneficiaries.
creator: Bismo Irmanendra Rachman
rights: Copyright (c) 2026 Bismo Irmanendra Rachman https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-30
publication date: 2026-06-30
volume: 5
number: 2
starting page: 392
ending page: 400
doi: 10.55606/jhpis.v5i2.6533