SINTA 5 | 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
2026-01-08
Articles
Philosophical Critique of Capital Market Regulation: A Case Study between Public Interest and Privacy
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.
Google Scholar
Garuda
Sinta
Pages: 81-93
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Upaya Penanggulangan Tindak Pidana Pertambangan Ilegal di Wilayah Hukum Kabupaten Tulang Bawang Provinsi Lampung
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.
