Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Judicial Analysis of Collective and Continuing Theft Based on Indonesian Criminal Law

2026-01-22T14:08:39+07:00

Purpose: This study examines judicial considerations in cases of theft committed jointly (medeplegen) as a continued act (voortgezette handeling) based on Indonesian criminal law, focusing on Decision No. 104/Pid.B/2025/PN.Tjk.

Research Methodology: This research uses a normative-empirical juridical approach, combining statutory analysis with field research including interviews with judges, prosecutors, and investigators related on the problem in this research.

Results: The court correctly applied Article 363 paragraph (1) sub-4 in conjunction with Article 64 paragraph (1) of the Kitab Undang-Undang Hukum Pidana (KUHP). The elements of joint participation and continuing acts were established through evidence of functional cooperation and unity of intent (één wilsbesluit). Although physical evidence was unavailable at trial, the conviction was lawfully established through consistent witness testimonies and the defendant’s confession in accordance with the negative statutory proof system (negatief wettelijk).

Conclusions: The decision reflects proper legal reasoning by balancing juridical, philosophical, and sociological considerations. The sentence imposed fulfills the objectives of legal certainty, justice, and utility.

Limitations: This study focuses on a single district court decision, limiting broader generalization in Indonesian jurisprudence.

Contributions: This study contributes to the doctrinal understanding of collective criminal liability and continuing offenses in Indonesian criminal law, particularly regarding evidentiary construction in the absence of physical evidence.

Freedom of Expression on Social Media from Human Rights and ITE Law Perspectives

2026-04-21T12:32:02+07:00

Purpose: This research is intended to examine the freedom to express oneself as one of the fundamental human rights guaranteed by the 1945 Indonesian Constitution and to examine its application in the use of social media from the perspective of the Electronic Information and Transactions Law (ITE Law).

Research Methodology: This study uses a qualitative approach with a literature review method by analyzing relevant academic sources, including journals, books, and statutory regulations.

Results: Findings indicate that social media has expanded the public space for expressing opinions, ideas, and criticism as part of democratic life. However, the implementation of the ITE Law, particularly provisions regarding defamation and hate speech, often gives rise to multiple interpretations, leading to legal issues and potentially hampering freedom of expression on digital platforms.

Conclusions: Freedom of expression on social media requires a balance between protecting individual rights and maintaining public peace. Therefore, clearer legal guidelines are needed to prevent multiple interpretations in the application of the Information and Communication Technology Law (ITE Law).

Limitations: This study is limited to a literature review and does not involve empirical data, so it may not fully reflect real conditions.

Contributions: This study contributes to legal scholarship by providing insights into the relationship between human rights and digital regulation and may serve as a reference for academics, policymakers, and the public.

The Limits of Deadly Force in Indonesian Self-Defense Law from a Human Rights Perspective

2026-02-25T10:50:28+07:00

Purpose: This study examines the limits of deadly force in self-defense under Indonesian criminal law from a human rights perspective, focusing on whether the principles of necessity and proportionality adequately protect the right to life while ensuring legal certainty.

Research Methodology: This study employs a normative juridical method combined with qualitative case analysis. It reviews Article 49 of the former Criminal Code and Articles 34 and 35 of the 2023 Criminal Code, as well as selected judicial decisions, including Supreme Court Decision No.566 K/Pid/2025. The analysis is framed by Article 6 of the ICCPR and General Comment No. 36. This study is doctrinal and review-based, utilizing systematic statutory interpretation and case analysis.

Results: The findings show that the Indonesian self-defense law is normatively restrictive and aligned with the protection of the right to life. The cumulative requirements of unlawful attack, immediacy, necessity, and proportionality reflect a life-protective orientation. However, judicial reasoning often lacks a structured proportionality analysis and consistent articulation of necessity, particularly regarding retreat opportunities and psychological disturbance, resulting in operational inconsistency.

Conclusions: Indonesian law adequately limits deadly force in principle but requires clearer methodological articulation in judicial practice to enhance legal certainty and coherence with the human rights standards.

Limitations: This study relies on qualitative doctrinal analysis of selected cases without quantitative data, which may limit the generalizability of its findings.

Contributions: This study contributes to criminal law and human rights scholarship by clarifying the doctrinal limits of self-defense in Indonesia.

Law Enforcement Against Foreign Nationals as Perpetrators of Online Lending

2026-03-02T10:51:54+07:00

Purpose: This study analyzes the legal regulation of foreign nationals within the Indonesian legal system and the sanctions imposed on them as perpetrators of online lending activities.

Research Methodology: This research employs a normative legal approach using statutory, conceptual, and case analyses. Legal materials are examined qualitatively through literature review and deductive reasoning.

Results: The findings show that foreign nationals are recognized as legal subjects under the principle of territorial jurisdiction and are subject to Indonesian law when conducting legal acts within its territory. Sanctions for involvement in online lending may include civil liability for breach of contract and unlawful acts under the Civil Code, criminal penalties, and administrative measures such as immigration sanctions.

Conclusions: Indonesian positive law provides a sufficient legal framework to impose civil, criminal, and administrative sanctions on foreign nationals engaged in online lending. However, enforcement remains limited by practical constraints.

Limitations: This study focuses on existing regulations and court decisions and does not examine international legal cooperation mechanisms in depth.

Contributions: This study contributes to the literature by offering an integrated analysis of the legal position of foreign nationals in Indonesia’s online lending regulation.

Philosophical Critique of Capital Market Regulation: A Case Study between Public Interest and Privacy

2025-06-23T11:26:38+07:00

Purpose: This study aims to analyze capital market regulation through the lens of philosophical principles to evaluate the balance between transparency for the public interest and the protection of individual privacy rights in achieving justice.

Methodology/Approach: This research adopts a normative legal method supported by conceptual and philosophical approaches. The study analyzes primary legal instruments, secondary literature, and tertiary references through qualitative library research to examine regulatory tensions between transparency and privacy in Indonesia’s capital market governance.

Results/Findings: The findings show that Rawlsian justice, Kantian autonomy, and utilitarian ethics are useful frameworks for evaluating the ethics of capital market regulation. Although Indonesia’s Capital Market Law and OJK regulations emphasize transparency, investor data privacy remains inadequately protected. Adopting stronger data protection standards, such as the GDPR, alongside local principles of maslahah and subsidiarity, can enhance regulatory fairness and reduce burdens on small market participants.

Conclusions: The study concludes that harmonizing transparency and privacy requires risk-based, ethically informed reforms that are responsive to technological changes. Strengthening the integration between capital market law and personal data protection is essential for creating a more just and sustainable regulatory framework.

Limitations: This research is limited to theoretical-normative analysis and focuses primarily on the Indonesian legal context, which may affect its broader applicability.

Contribution: The study contributes to the intersection of legal philosophy, capital market regulation, and data governance by proposing a value-based framework for balancing transparency and privacy. Its implications are particularly relevant for lawmakers, regulators, and legal scholars in emerging economies.

Upaya Penanggulangan Tindak Pidana Pertambangan Ilegal di Wilayah Hukum Kabupaten Tulang Bawang Provinsi Lampung

2025-10-06T13:29:29+07:00

Purpose: This study examines the efforts to combat illegal mining activities in the jurisdiction of Tulang Bawang Regency, Lampung Province, by analyzing both penal and non-penal approaches as well as the effectiveness of law enforcement through the lens of legal substance, legal structure, and legal culture.

Methodology: Using a normative juridical approach, this research relies on primary and secondary legal materials. Primary data were obtained from interviews with key informants and relevant case observations, while secondary data were collected from legislation, books on penal policy, scientific journals, and previous studies related to criminal law enforcement in the mining sector.

Results: The findings reveal that the penal approach, as regulated in Law No. 3 of 2020 on Mineral and Coal Mining and the Law on Environmental Protection and Management, provides a strong legal basis to impose criminal sanctions on illegal mining actors. However, law enforcement remains constrained by overlapping regulations, complex licensing procedures, limited resources of law enforcement agencies, and low public legal awareness. Non-penal measures such as community education, simplification of mining permits, economic empowerment programs, and local participation are crucial to addressing the socio-economic roots of illegal mining.

Limitations: This study is confined to examining legal developments by comparing the Corruption Eradication Law with the provisions in the New Criminal Code.

Contribution: This study contributes to the discourse on criminal law policy by highlighting the need for a balanced combination of penal and non-penal strategies to protect natural resources and achieve sustainable development. The findings can serve as a reference for local governments, law enforcement agencies, and policymakers in formulating more effective measures to eradicate illegal mining in Tulang Bawang and similar regions in Indonesia.

Analysis of Standard Clauses in Online Loan Agreements in Indonesia

2025-05-14T09:32:14+07:00

Purpose: This study analyzes standard clauses in online loan agreements in Indonesia, which often cause injustice to consumers. The use of standardized clauses has become increasingly common in digital financial services, but these clauses are often one-sided, favoring the service providers over consumers. This issue can lead to significant legal and ethical concerns.

Methodology/approach: This study uses a normative juridical research method with a literature study approach, reviewing relevant regulations, including Law Number 8 Year 1999 on Consumer Protection (UUPK), along with other applicable consumer protection laws in Indonesia. By analyzing the current legal framework and court decisions, the research aims to uncover the practical implications of these clauses.

Results/findings: The results indicate that standard clauses such as exoneration clauses, opaque fines, and misuse of personal data often disadvantage consumers by limiting their rights and withholding key information.

Conclusions: The use of standard clauses in online loan agreements in Indonesia continues to create problems due to unequal rights and obligations between providers and consumers. Although regulations exist, weak enforcement and low consumer awareness limit effective protection.

Limitations: Although the GCPL (Government Consumer Protection Law) has regulated the prohibition of harmful clauses, implementation in the field is still weak due to a lack of supervision, low consumer literacy, and limited access to legal recourse.

Contribution: This study highlights the need to strengthen regulations, improve consumer education, and enhance supervision of online loan providers to ensure fair, balanced, and transparent consumer protection.

Analysis of Criminalization of Perpetrators of Human Trafficking Crimes Based on the Trilogy of Legal Objectives

2025-09-26T23:08:34+07:00

Purpose: This study aims to analyze the modus operandi of human trafficking in Indonesia, its legal framework, and the application of criminal sanctions to perpetrators based on the legal objectives of justice, certainty, and utility.

Methodology/approach: Using secondary sources and a normative juridical approach, this study analyzes statutes, regulations, and legal concepts through a descriptive-analytical method to assess the consistency of legislation and its application in human trafficking cases.

Results/findings: Findings show that human trafficking in Indonesia involves sexual exploitation, forced labor, child trafficking, and organ trade, regulated under Law No. 21/2007, the Criminal Code, and Law No. 35/2014 on Child Protection.

Conclusions: Human trafficking in Indonesia includes sexual exploitation, forced labor, child trafficking, and organ trade. It is addressed through Law No. 21/2007 as a lex specialis, supported by the Criminal Code and Child Protection Law.

Limitations: This study uses a normative juridical analysis at a macro level, without empirical field data or direct perspectives, so it does not fully capture local implementation issues or judicial inconsistencies.

Contribution: This research offers a theoretical and practical framework for harmonizing the trilogy of legal objectives in criminalizing human trafficking and sentencing policies in Indonesia.

Efforts to Address Sexual Violence Against Girls with Disabilities

2025-07-30T03:51:12+07:00

Purpose: This study aims to examine the effectiveness of legal responses to sexual violence against girls with disabilities in Indonesia, identifying gaps in protection and enforcement.

Methodology/approach: Employing a normative-empirical legal analysis, the research reviews positive law provisions namely the Child Protection Act (UU No. 35/2014 as amended), the Disability Act (UU No. 8/2016), and the Sexual Violence Criminal Act (UU No. 12/2022) and analyzes Supreme Court and lower court decisions. Empirical data were gathered through semi-structured interviews with law enforcement officers and observations of case handling in selected provincial offices.

Results/findings: Despite a comprehensive statutory framework, implementation is hampered by limited officer training, inadequate facilities, and low public awareness. Criminal legal protection for girls with disabilities remains neither fully effective nor sufficiently inclusive, with procedural delays and accessibility barriers persisting.

Limitations: The study is constrained by its qualitative focus on selected jurisdictions and does not include quantitative victim-survey data, which may limit generalizability across all regions of Indonesia.

Contribution: Engagement this research informs policymakers, legal practitioners, and disability rights advocates on improving justice outcomes for one of Indonesia’s most vulnerable groups.

Conclusion: Legal protection for girls with disabilities who are victims of sexual violence is regulated by several laws in Indonesia, but its implementation remains ineffective due to limited understanding among law enforcement, inadequate facilities, and low public awareness. The main obstacles include unintegrated regulations, insensitive law enforcement officers, and limited legal services.