Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah jurnal yang menerbitkan artikel dengan topik bahasan seputar dunia hukum serta masalah-masalah kemanusiaan. JIHHAM menyambut baik pengiriman artikel ilmiah berbentuk studi hukum empiris maupun studi hukum normatif. JIHHAM diharapkan dapat menjadi mediator bagi para dosen, mahasiswa, peneliti, serta praktisi untuk menyebarluaskan temuan, ide dan gagasannya dalam menyelesaikan berbagai permasalahan hukum yang terjadi serta untuk memajukan ilmu hukum di Indonesia.

Jurnal Ilmiah Hukum dan Hak Asasi Manusia (JIHHAM) adalah jurnal yang menerbitkan artikel dengan topik bahasan seputar dunia hukum serta masalah-masalah kemanusiaan. JIHHAM menyambut baik pengiriman artikel ilmiah berbentuk studi hukum empiris maupun studi hukum normatif. JIHHAM diharapkan dapat menjadi mediator bagi para dosen, mahasiswa, peneliti, serta praktisi untuk menyebarluaskan temuan, ide dan gagasannya dalam menyelesaikan berbagai permasalahan hukum yang terjadi serta untuk memajukan ilmu hukum di Indonesia.

Published
2025-07-10

Articles

Criticism and Hadis Explanation on Ability to Fight Invaders in MUI Fatwa No 83 of 2023

Purpose: Since October 7, 2023, Israel has launched intense aggression against Palestine, resulting in over 11,200 Palestinian deaths by November 12, 2023. In response, the Indonesian Ulema Council (MUI) issued Fatwa Number 83 of 2023, concerning the law on supporting the Palestinian struggle. One of the arguments cited in the fatwa is a hadith that permits fighting invaders. This study aims to analyze the authenticity (sanad and matan) and interpretation (sharh) of this hadith while exploring its relevance to the Palestinian resistance against the Israeli occupation. Methodology: This study uses a normative approach by applying descriptive-analytical methods. Descriptive-analytical is meant here by applying the takhri>j al-h{adi>th method. Results: The analyzed hadith narrates the duel (mubarazah) between Muslim and non-Muslim warriors before the Battle of Badr. The Prophet Muhammad (SAW) permitted Ali, Hamzah, and Ubaydah to accept the challenge, resulting in victory. The hadith is authentic and highlights that dueling and armed resistance are permissible when one possesses sufficient skill and strength. Conclusion: According to Islamic law, it is lawful to fight oppressors, and helping others in such efforts—materially or immaterially—is permitted. This supports the MUI’s position that resistance to Israeli aggression is religiously justified. Limitations: This study is limited to one hadith from the MUI fatwa. A broader analysis can be performed using other hadiths or interdisciplinary perspectives. Contribution: This article highlights the content of the MUI fatwa on the permissibility of fighting against invaders in terms of hadith studies using the takhrij method.

Implementasi Bantuan Militer Kepada Pemerintah Daerah Menurut UU Nomor 7 Tahun 2012

Purpose: The government bears the primary responsibility for national security and public welfare, including resolving regional security issues. One of the state’s strategic functions involves handling social conflicts through coordinated military assistance to local governments, as regulated under Law Number 7 of 2012. This study addresses two main issues: first, the implementation of military assistance to regional governments in handling social conflicts based on dignified justice as part of Military Operations Other than War (MOOTW) under operational control; second, the legal liability associated with social conflict management. Methodology/approach: This research uses a normative juridical approach, supported by interviews, statutory regulations, and relevant legal documents. The study examines how the law regulates military roles in civil conflict management and evaluates their implementation through doctrinal and empirical analysis. Results/findings: Findings reveal that the government’s legal policy emphasizes the importance of legal awareness and obedience as foundations for national stability. The support of law enforcement institutions and the military's role reflects a broader legal-political commitment to uphold the rule of law during conflict resolution. Conclusions: TNI soldiers play a crucial role as both combatants and community agents in delivering military assistance to regional governments. Their coordination with the police and civil institutions promotes synergy and effective conflict handling rooted in dignified law enforcement. Limitations: The study is limited to the application of Law No. 7 of 2012 and does not cover broader sociopolitical dynamics of conflict. Contribution: This study reinforces the importance of military assistance in regional governance, promoting integrated defense strategies that support dignified and lawful conflict resolution.

Determinasi Pelayanan : Kepatuhan Pajak Perspektif Sosiologi Hukum

Purpose: This study aims to examine knowledge and understanding of the implementation of the tax system, including the quality of tax services provided by authorities, and to evaluate various factors influencing taxpayer compliance in Indonesia. Methodology: A juridical and sociological legal approach is used in this study, applying descriptive-analytical methods. Data were collected from literature and relevant sources, then analyzed qualitatively by organizing information into coherent narratives to draw conclusions. Results: Low tax compliance is influenced by several factors: limited public knowledge of tax regulations, low financial literacy, insufficient public awareness campaigns, and underutilized benefits of modernized tax services. Taxpayers are often unaware of the incentives offered through compliance. Additionally, cultural variables such as the perception of tax obligations as communal ideals—shaped by justice and social responsibility—play a role. However, there is still resistance due to unfamiliarity with online administrative procedures. Conclusion: Voluntary tax compliance improves when tax policies are perceived as fair and the benefits of paying taxes are recognized. Ethical and environmental elements, particularly those embedded in Indonesia’s communal culture, significantly influence taxpayer behavior. Although legal enforcement can increase compliance, social norms have limited impact on actual tax practices. Ultimately, tax compliance directly supports national development and public welfare. Limitations: This qualitative study may reflect some degree of subjectivity, and its findings are not universally generalizable. Citations are included to minimize bias. Contribution: The study suggests simplifying tax return terminology, utilizing free tools for profiling and monitoring taxpayer behavior, and improving outreach through Business Development Services (BDS) to enhance public understanding and compliance.

Implikasi Hukum Pembayaran Dividen atas Saham yang Disita dalam Kasus Korupsi

Purpose: This study aims to examine the knowledge and understanding of the implementation of the tax system, including the quality of tax services provided by authorities, and to evaluate various factors influencing taxpayer compliance in Indonesia. Methodology: This study uses a juridical and sociological legal approach, applying descriptive-analytical methods. Data were collected from the literature and relevant sources and then analyzed qualitatively by organizing the information into coherent narratives to draw conclusions. Results: Low tax compliance is influenced by several factors, including limited public knowledge of tax regulations, low financial literacy, insufficient public awareness campaigns, and underutilized benefits of modernized tax services. Taxpayers are often unaware of the incentives offered for compliance. Additionally, cultural variables, such as the perception of tax obligations as communal idealsshaped by justice and social responsibility, play a role. However, there is still resistance due to unfamiliarity with online administrative procedures. Conclusion: Voluntary tax compliance improves when tax policies are perceived as fair and the benefits of paying taxes are recognized. Ethical and environmental elements, particularly those embedded in Indonesia’s communal culture, significantly influence taxpayer behavior. Although legal enforcement can increase compliance, social norms have a limited impact on actual tax practices. Ultimately, tax compliance directly supports national development and the public welfare. Limitations: This qualitative study may reflect some degree of subjectivity, and its findings are not generalizable. Citations are included to minimize bias. Contribution: This study suggests simplifying tax return terminology, utilizing free tools for profiling and monitoring taxpayer behavior, and improving outreach through Business Development Services (BDS) to enhance public understanding and compliance.

Konstruksi Pengaturan Penyidikan terhadap Tenaga Medis yang Berkeadilan

Purpose: This study aims to analyze the regulatory framework for investigating criminal acts committed by medical personnel from a justice-based perspective, particularly under Law Number 17 of 2023 concerning Health. It also seeks to identify procedural weaknesses and their implications for the legal protection of medical professionals. Methodology: Using a normative legal approach, this research examines the 1945 Constitution, the Criminal Procedure Code, and Law No. 17 of 2023. Legal materials were obtained through literature review involving primary (laws and court decisions), secondary (academic books and journals), and tertiary sources (legal dictionaries). The data were analyzed through legal interpretation, comparison, and normative argumentation, focusing on professional ethics, institutional authority, and justice principles. Results/Findings: The study finds inconsistencies in how investigations involving medical personnel are regulated. The Medical Disciplinary Panel (MDP) is often misinterpreted as having investigative authority rather than acting as a professional advisor. Coordination gaps between medical and legal institutions weaken procedural fairness and protection. A more just framework requires clarity on institutional roles and the protection of both public interests and professionals’ rights. Conclusions: A fair investigation framework must redefine the MDP’s role, enhance inter-agency coordination, and ensure balanced mechanisms aligned with justice. Limitations: This research is limited to doctrinal legal analysis and does not incorporate empirical data or socio-cultural perspectives. Contributions: This study proposes a justice-oriented model for handling legal cases involving medical personnel, reinforcing legal certainty, institutional synergy, and the balance between ethical standards and criminal accountability.

Aspek Pemidanaan Korporasi Berdasarkan KUHP 2023 dan Perma Nomor 13 Tahun 2016

Purpose: This study aims to determine the applicability of the criminal aspects of the Supreme Court Regulations concerning the Procedures for Handling Criminal Acts by Corporations when the Indonesian Criminal Code is in force. Methodology/approach: This research is normative legal research, which uses primary legal materials in the form of the Indonesian Criminal Code and Supreme Court Regulation Number 13 of 2016, secondary legal materials in the form of books and various legal research journals, and tertiary legal materials in the form of information obtained from the Internet. The research approach used is statutory and conceptual. The results of the analysis are presented in a qualitative descriptive manner, and conclusions are drawn in the final stage. Results: The criminalization of corporations in the Indonesian Criminal Code strengthens the applicability of the criminalization of corporations in Supreme Court Regulation Number 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations. Conclusion: PERMA No. 13/2016 regulates the formal and execution aspects of corporate punishment, while Article 56 of the Criminal Code complements it through substantive criminal provisions, thereby strengthening corporate criminal liability in Indonesia. Limitations: The scope of this research is limited to criminal law and the criminal system in corporations in Indonesia. Contribution: This research contributes to the development of knowledge in the field of criminal law and law enforcement, especially regarding the criminal system for corporations.