JIHK
type: channel
description: About The Journal Jurnal Ilmu Hukum Kyadiren (JIHK) is a journal published by the Center for Research and Community Service of Biak’s School of Law (STIH Biak-Papua). Articles in JIHK are published twice a year (January and July). JIHK accepts scientific writings from conceptual ideas and research results that have never been published, especially those related to the legal field. The editor has the right to make revisions for various formats, terms, and footnotes without reducing and changing the content and intent of the writing. The articles are published in Indonesian and English. ISSN: 2715-503X (online) ISSN: 2502-5058 (Print) DOI: 10.46924/jihk Distribution : Open Access Publisher : PPPM Sekolah Tinggi Ilmu Hukum Biak-Papua Author Guidelines Submit Paper Now!
publisher: PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua
language: en
publication name: JIHK
issn: 2502-5058
copyright: Authors who publish with this journal agree to the following terms: Copyright on any article is retained by the author(s). The author grants the journal, the right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgment of the work’s authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. The article and any associated published material is distributed under the Creative Commons Attribution 4.0 International License
items: Judicial Scrutiny of Indonesian Migrant Worker Placement Under the Guise of Training
items: Assessing the Effectiveness of Gender Quotas in Indonesia’s Electoral System
items: Unraveling Barriers to Addressing Domestic Violence Cases at the Cilacap Police Department
items: The Annulment of a General Meeting of Shareholders (GMS) Deed on Procedural Grounds
items: The Criminal Liability of Political Parties for Corruption Offenses Committed by Their Members
items: Legal Gaps and Socio-Legal Realities in the Protection of Indigenous Papuan (OAP) Workers
items: Juridical Study on the Transfer of Shares in a Limited Liability Company That Is Decided to Be Free from All Legal Claims
items: Why Are Wives Vulnerable? An Analysis of Domestic Violence in Manado
items: The Limits of Director and Notary Liability in Cases Involving Forged Documents
items: Legal Protection in the Oil Palm Plasma Plantation Partnership Agreement Between Limited Liability Company and Plasma Cooperative
items: Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.G/2024/PTA.Jb
items: The Legal Status of Outsourced Workers under Indonesian Positive Law
items: Limitations on the Use of Emergency Contact Data in Fintech Lending under the Personal Data Protection Act
items: Considering Restorative Justice in Criminal Cases Involving Indonesian National Armed Forces Personnel
items: Unlawful Acts in Sales and Purchase Agreements and the Protection of Good-Faith Buyers
items: Arbitration as a Dispute Resolution Mechanism Supporting the Sustainable Development Goals in Private Higher Education
items: The Draft Asset Confiscation Law in the Recovery of State Losses
items: Legal Protection of Child Offenders in Restorative Justice–Based Criminal Investigations
items: The Legal Standing of Land Nominee Agreements from the Perspective of Lawful Cause
items: Dishonorable Removal of a Notary for Breach of Professional Ethics: An Analysis of Decision No. 3/Pdt.G/2022/PN Plk
items: Forgery of Authentic Instruments by Notaries and the Scope of Legal Liability
items: Interfaith Marriage And The Dilemma Of National Legal
items: Assessing Local Government Responsibility in Protecting Traditional Fishermen through Fisheries Insurance
items: Symbolic Participation in Village Budgeting: A Legal Analysis of Community Involvement in Tangkulowi Village
items: Law Enforcement Strategies of the Sragen Police in Combating Cybercrime Against Children
items: Police Discretion in the Management of Public Demonstrations
items: Alcoholic Beverages Distribution in Indonesia
items: The Implementation of Restorative Justice in the Resolution of Minor Criminal Offenses at the Sragen Police Department
items: A Legal Analysis of the Implementation of Law No. 22 of 2022 on Corrections
items: Administrative Control of Illegal Settlements on Former Cemetery Land in Surakarta

Judicial Scrutiny of Indonesian Migrant Worker Placement Under the Guise of Training
type: item
description: The widespread placement of Indonesian Migrant Workers (Pekerja Migran Indonesia [PMI]) through unauthorized Job Training Institutions (Lembaga Pelatihan Kerja [LPK]) reflects continuing weaknesses in the oversight of non-procedural labor migration, increasing the risk of exploitation, human trafficking, and human rights violations. This study analyzes the judicial application of law in assessing the constituent elements of the criminal offense of migrant worker placement through unlicensed LPKs, as reflected in Boyolali District Court Decision Number 158/Pid.Sus/2023/PN Byl, while evaluating the effectiveness of judicial reasoning in protecting victims. Using a normative legal method with statutory, case-based, and conceptual approaches, the study finds that the panel of judges appropriately distinguished the authority of LPKs and Perusahaan Penempatan Pekerja Migran Indonesia (P3MI) based on SIP2MI ownership and affirmed the defendant’s criminal liability. However, victim restoration mechanisms remain inadequate, particularly regarding restitution and rehabilitation.
subject: Articles
  topic: section
subject: Indonesian Migrant Workers
  topic: keywords
subject: Job Training Institutions
  topic: keywords
subject: Unauthorized Placement
  topic: keywords
subject: Legal Protection
  topic: keywords
creator: Fabrian Candra Darmawan
creator: Hafid Zakariya
creator: Suparwi Suparwi
rights: Copyright (c) 2026 Fabrian Candra Darmawan, Hafid Zakariya, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
date: 2026-06-04
publication date: 2026-06-04
starting page: 218
ending page: 231
doi: 10.46924/jihk.v8i1.458

Assessing the Effectiveness of Gender Quotas in Indonesia’s Electoral System
type: item
description: Women’s representation in legislative elections constitutes a critical indicator of an inclusive and equitable democracy; however, its realization in Indonesia remains suboptimal. This study aims to examine the implementation of regulatory provisions on women’s representation and to identify the key factors contributing to its limited attainment from a constitutional law perspective. The research employs a normative juridical approach, complemented by empirical insights derived from a review of secondary data and relevant literature. The findings reveal that, although affirmative action policies are supported by a robust legal framework, their implementation continues to encounter structural, cultural, and institutional constraints. The persistently low level of women’s representation is influenced by weak enforcement mechanisms, the dominance of party elites, features of the electoral system, and entrenched patriarchal norms. This study concludes that strengthening regulatory frameworks and advancing political reform are essential to achieving substantive women’s representation.
subject: Articles
  topic: section
subject: Women’s Representation
  topic: keywords
subject: Elections
  topic: keywords
subject: Constitutional Law
  topic: keywords
creator: Jessica Virgoria Septiana
creator: Nourma Dewi
creator: Yulian Dwi Nurwanti
rights: Copyright (c) 2026 Jessica Virgoria Septiana, Nourma Dewi, Yulian Dwi Nurwanti https://creativecommons.org/licenses/by/4.0
date: 2026-06-04
publication date: 2026-06-04
starting page: 205
ending page: 217
doi: 10.46924/jihk.v8i1.457

Unraveling Barriers to Addressing Domestic Violence Cases at the Cilacap Police Department
type: item
description: Domestic violence (DV) constitutes a violation of human rights that remains widespread and is frequently regarded as a private matter, thereby hindering victims from obtaining adequate legal protection. This study aims to examine the role of investigators within the Women and Children’s Service Unit (PPA) of the Cilacap Police Department in addressing domestic violence cases, as well as to identify the challenges encountered in the process. The research employs an empirical legal method with a socio-legal approach, utilizing interviews, observations, and document analysis, all of which are examined qualitatively. The findings reveal that PPA investigators are actively involved in receiving reports, providing victim protection, conducting investigations, collecting evidence, and coordinating with relevant agencies. However, several key challenges persist, including limited resources, difficulties in evidentiary proof, withdrawal of complaints, familial pressure, economic dependency, and prevailing socio-cultural norms. In conclusion, effective handling of domestic violence cases necessitates institutional strengthening, enhanced victim protection mechanisms, and transformation of the community’s legal culture.
subject: Articles
  topic: section
subject: Domestic Violence
  topic: keywords
subject: Investigators’ Role
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Restorative Justiceions
  topic: keywords
creator: Shellyana Putri
creator: Nourma Dewi
creator: Yulian Dwi Nurwanti
rights: Copyright (c) 2026 Shellyana Putri, Nourma Dewi, Yulian Dwi Nurwanti https://creativecommons.org/licenses/by/4.0
date: 2026-06-04
publication date: 2026-06-04
starting page: 189
ending page: 204
doi: 10.46924/jihk.v8i1.456

The Annulment of a General Meeting of Shareholders (GMS) Deed on Procedural Grounds
type: item
description: The dismissal of directors and commissioners through a procedurally defective General Meeting of Shareholders (GMS) generates legal uncertainty and creates opportunities for the abuse of authority within limited liability companies. This study aims to examine the legal consequences arising from the annulment of GMS minutes that are procedurally flawed and to analyze the effectiveness of legal protection afforded to corporate organs. The research employs a normative juridical method, utilizing a statutory approach and a case study of Decision Number 214/Pdt.G/2021/PN.Jkt.Utr. The findings indicate that a procedurally defective GMS deed is deemed null and void and, therefore, lacks binding legal force, resulting in the restoration of the positions of the directors and commissioners. In conclusion, legal protection has been relatively effective through civil and corporate law mechanisms; however, enhanced oversight and stricter procedural compliance remain necessary.
subject: Articles
  topic: section
subject: Procedural Defects
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Directors And Commissioners
  topic: keywords
subject: Annulment of Deed
  topic: keywords
creator: Dinada Rindu Asmara Dailapasa
creator: Agung Iriantoro
creator: Luh Rina Apriani
rights: Copyright (c) 2026 Dinada Rindu Asmara Dailapasa, Agung Iriantoro, Luh Rina Apriani https://creativecommons.org/licenses/by/4.0
date: 2026-04-15
publication date: 2026-04-15
starting page: 86
ending page: 97
doi: 10.46924/jihk.v8i1.452

The Criminal Liability of Political Parties for Corruption Offenses Committed by Their Members
type: item
description: The inadequacy of existing regulations governing the criminal liability of political parties for corruption offenses committed by their members, despite the fact that, conceptually, political parties may be classified as corporate entities. It aims to analyze the construction of criminal liability applicable to political parties and to develop an ideal model for future regulation. This research employs a normative legal method, utilizing statutory, conceptual, and case-based approaches. The findings reveal that political parties may be held criminally liable when they benefit from, tolerate, or fail to prevent criminal conduct. However, the current positive legal framework remains ambiguous and fragmented. Accordingly, a reformulation is required through the integration of corporate liability principles and contemporary criminal law theory. The study concludes that strengthening the regulatory framework is essential to enhance the effectiveness of law enforcement and the prevention of corruption within a democratic system.
subject: Articles
  topic: section
subject: Corporation
  topic: keywords
subject: Corruption
  topic: keywords
subject: Political Party
  topic: keywords
creator: Ainun Jiwanti
creator: Wiranto Tri Setiawan
rights: Copyright (c) 2026 Ainun Jiwanti, Wiranto Tri Setiawan https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 111
ending page: 124
doi: 10.46924/jihk.v8i1.451

Legal Gaps and Socio-Legal Realities in the Protection of Indigenous Papuan (OAP) Workers
type: item
description: The implementation of policies aimed at protecting and empowering Indigenous Papuan (OAP) workers in West Papua remains suboptimal, despite the existence of a special autonomy framework and affirmative action measures. This study seeks to examine the roles and responsibilities of local governments and to identify the factors affecting the effectiveness of these policies. The research employs a normative legal approach, incorporating statutory and conceptual analyses, and is supported by qualitative methods. The findings reveal that key constraints include inadequate infrastructure, limited institutional capacity, insufficient human resources, and weak integration between formal legal systems and customary law. It is concluded that enhancing policy effectiveness requires a holistic, participatory, and context-sensitive approach to ensure the protection and empowerment of Indigenous Papuan workers.
subject: Articles
  topic: section
subject: Legal Policy
  topic: keywords
subject: Labor
  topic: keywords
subject: Employment
  topic: keywords
subject: Indigenous Papuans
  topic: keywords
subject: Special Autonomy
  topic: keywords
creator: Jonhi Sassan
creator: Marius Suprianto Sakmaf
rights: Copyright (c) 2026 Jonhi Sassan, Marius Suprianto Sakmaf https://creativecommons.org/licenses/by/4.0
date: 2026-03-30
publication date: 2026-03-30
starting page: 98
ending page: 110
doi: 10.46924/jihk.v8i1.450

Juridical Study on the Transfer of Shares in a Limited Liability Company That Is Decided to Be Free from All Legal Claims
type: item
description: In a limited liability company, the General Meeting of Shareholders serves as the highest corporate organ authorized to determine strategic matters, including the transfer of shares. This study examines the legality of share transfer conducted without fulfilling the quorum requirements, as reflected in Surabaya District Court Decision No. 7/Pid.B/2020/PN.Sby in conjunction with Surabaya High Court Decision No. 1476/Pid/2020/PT.Sby. This research employed a normative juridical method with qualitative analysis based on statutory and case approaches. The findings indicate that such transfer is legally defective unless justified through the Circular Resolution of Shareholders mechanism. Notaries play a crucial role in ensuring legal certainty and the validity of the transaction.
subject: Articles
  topic: section
subject: Limited Liability Company, Stock Transfer, Release Judgment
  topic: keywords
creator: Hendra Setiawan Siburian
creator: Ali Abdullah
creator: Fitra Deni
rights: Copyright (c) 2026 Hendra Setiawan Siburian https://creativecommons.org/licenses/by/4.0
date: 2026-04-11
publication date: 2026-04-11
starting page: 70
ending page: 85
doi: 10.46924/jihk.v8i1.449

Why Are Wives Vulnerable? An Analysis of Domestic Violence in Manado
type: item
description: Domestic violence against wives constitutes a violation of human rights that continues to occur frequently, despite its regulation under Law Number 23 of 2004 on the Elimination of Domestic Violence. This study aims to analyze the prevalence of physical violence against wives in Manado City and to identify the dominant factors influencing it. The research employs an empirical juridical method with a descriptive-analytical approach, utilizing questionnaires and interviews. The findings indicate that the prevalence of physical violence is 4.44% within the general population and is absent among highly educated women. The dominant factors include low levels of education, economic dependence, unequal power relations, and patriarchal cultural norms. It is concluded that physical violence within the household is a complex phenomenon; therefore, a comprehensive strategy is required, encompassing women’s empowerment and the strengthening of legal protection mechanisms.
subject: Articles
  topic: section
subject: Violence
  topic: keywords
subject: Physical Abuse
  topic: keywords
subject: Domestic Violence
  topic: keywords
subject: Power Relations
  topic: keywords
creator: Marthin Luther Lambonan
creator: Mario A. Gerungan
creator: Rony Sepang
rights: Copyright (c) 2026 Marthin Luther Lambonan, Mario A. Gerungan, Rony Sepang https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 176
ending page: 188
doi: 10.46924/jihk.v8i1.448

The Limits of Director and Notary Liability in Cases Involving Forged Documents
type: item
description: The increasing use of forged documents in the establishment of a Limited Liability Company raises significant concerns regarding the legal liability of directors and the vulnerable position of notaries. This study aims to analyze the legal responsibility of directors for forging signatures in supporting documents for the deed of establishment and to examine the scope of legal protection afforded to notaries. This research employs a normative legal method, utilizing statutory and case-based approaches. The findings reveal that directors may incur both criminal and civil liability for fulfilling the elements of forgery and breaching their fiduciary duties, whereas notaries who act in good faith and exercise due diligence are entitled to legal protection. In conclusion, there is a need to clarify the boundaries of liability and to strengthen verification mechanisms in order to ensure legal certainty and justice.
subject: Articles
  topic: section
subject: Director Liability
  topic: keywords
subject: Document Forgery
  topic: keywords
subject: Notary Protection
  topic: keywords
subject: Limited Liability Company
  topic: keywords
creator: Dyah Ayu Putri Fatimah
creator: Fitra Deni
creator: Indah Harlina
rights: Copyright (c) 2026 Dyah Ayu Putri Fatimah, Fitra Deni, Indah Harlina https://creativecommons.org/licenses/by/4.0
date: 2026-04-27
publication date: 2026-04-27
starting page: 47
ending page: 59
doi: 10.46924/jihk.v8i1.441

Legal Protection in the Oil Palm Plasma Plantation Partnership Agreement Between Limited Liability Company and Plasma Cooperative
type: item
description: The palm oil plasma core partnership agreement between plantation companies and plasma farmer cooperatives basically aims to realize a fair and balanced cooperative relationship. But in practice, agreements are often drafted unilaterally by companies and cooperative involvement tends to be formal. In addition, the non-transparent and unaccountable management of cooperatives causes the management to fail to represent the interests of plasma farmers, especially in financial management and distribution of plantation products. This condition puts plasma farmers in a weak position and vulnerable to losses. This research uses normative juridical methods with laws and regulations, conceptual, and case study approaches. The results of the study show that the weak implementation of the principles of cooperative agreements and governance has the potential to cause legal, economic, and social losses for plasma farmers. Therefore, it is necessary to strengthen the application of the principles of the agreement, improve the professionalism of cooperative management, and optimize the role of notaries to ensure balance and legal protection in plasma core partnership agreements
subject: Articles
  topic: section
subject: Legal Protection, Palm Oil Plasma Core Partnership Agreement, Plasma Cooperative.
  topic: keywords
creator: Theresia Magdalena
creator: Yoyo Arifardhani
creator: Edi Tarsono
rights: Copyright (c) 2026 Theresia Magdalena, Yoyo Arifardhani, Edi Tarsono https://creativecommons.org/licenses/by/4.0
date: 2026-04-01
publication date: 2026-04-01
starting page: 60
ending page: 69
doi: 10.46924/jihk.v8i1.440

Challenges in the Enforcement of Court Decisions in Child Custody Cases: A Case Study of the Jambi High Religious Court Decision Number 5/Pdt.G/2024/PTA.Jb
type: item
description: This study examines the legal implications of the non-enforcement of court decisions in child custody disputes following divorce, focusing on the Jambi High Religious Court Decision Number: 5/Pdt.G/2024/PTA.Jb. Utilizing a normative legal research method, this study analyzes relevant laws and judicial rulings. The findings indicate that although Indonesia has established a comprehensive legal framework for child protection through Law No. 35 of 2014, the execution of child custody decisions continues to face significant challenges. These challenges include inadequate communication between divorced parties, the psychological impact on children, and the lack of criminal sanctions for individuals who fail to comply with court rulings. This study recommends a holistic approach to the enforcement of custody decisions, the strengthening of legal enforcement mechanisms, and enhanced institutional coordination to ensure the effective protection of children's rights after divorce.
subject: Articles
  topic: section
subject: Child Custody
  topic: keywords
subject: Enforcement of Court Decisions
  topic: keywords
subject: Child Protection
  topic: keywords
subject: Divorce
  topic: keywords
creator: Yurnelis Yurnelis
creator: Mulyadi Tanzili
creator: Sofyan Hasan
rights: Copyright (c) 2025 Yurnelis Yurnelis, Mulyadi Tanzili, Sofyan Hasan https://creativecommons.org/licenses/by/4.0
date: 2026-03-12
publication date: 2026-03-12
starting page: 16
ending page: 26
doi: 10.46924/0wnn3x55

The Legal Status of Outsourced Workers under Indonesian Positive Law
type: item
description: This study is prompted by the increasing flexibility of outsourcing arrangements in Indonesian labor law following the enactment of Law Number 6 of 2023 on the Stipulation of the Job Creation Government Regulation in Lieu of Law (Perppu), which has not been accompanied by adequate legal protection for workers. It aims to examine the legal status of outsourcing, its regulatory implications, judicial practices in worker protection, and relevant international comparisons, as well as to formulate an ideal model of protection. The study employs a normative legal research method using statutory, conceptual, and comparative approaches. The findings indicate that worker protection remains insufficient, despite the emergence of progressive approaches within the judiciary. Comparative analysis underscores the importance of the principles of equality and shared responsibility. The study concludes that policy reformulation grounded in joint liability and comprehensive protection is necessary to achieve a fair and sustainable labor system.
subject: Articles
  topic: section
subject: Outsourcing
  topic: keywords
subject: Labor Law
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Legal Certainty
  topic: keywords
creator: Bunga Yuliana
creator: Joni Emirzon
creator: Suci Flambonita
rights: Copyright (c) 2026 Bunga Yuliana, Joni Emirzon, Suci Flambonita https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 158
ending page: 175
doi: 10.46924/jihk.v8i1.438

Limitations on the Use of Emergency Contact Data in Fintech Lending under the Personal Data Protection Act
type: item
description: This study is motivated by the increasing misuse of emergency contact data in the debt collection practices of fintech lending services, which may infringe upon personal data protection rights. Although Law Number 27 of 2022 on Personal Data Protection (PDP Law) provides a legal framework for the management and protection of personal data, its implementation in the fintech sector continues to face several challenges. This study aims to analyze the legal provisions governing the use and limitation of access to emergency contact data and to identify the challenges associated with enforcing laws against such misuse. The research employs a normative legal research method with statutory and conceptual approaches, relying on the analysis of legislation, academic literature, and relevant legal documents. The findings indicate that the PDP Law establishes key principles, including consent, purpose limitation in data processing, and the responsibilities of data controllers. However, instances of misuse persist due to weak regulatory oversight, limited institutional coordination, and low levels of public legal awareness. Therefore, strengthening supervisory mechanisms and enhancing the integration of law enforcement institutions are essential to improving personal data protection within the fintech lending ecosystem.
subject: Articles
  topic: section
subject: Personal Data Protection
  topic: keywords
subject: Fintech Lending
  topic: keywords
subject: Emergency Contacts
  topic: keywords
subject: Law Enforcement
  topic: keywords
creator: Mochammad Zainuril Huda
creator: Krista Yitawati
creator: Meirza Aulia Chairani
rights: Copyright (c) 2026 Mochammad Zainuril Huda, Krista Yitawati, Meirza Aulia Chairani https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 141
ending page: 157
doi: 10.46924/jihk.v8i1.437

Considering Restorative Justice in Criminal Cases Involving Indonesian National Armed Forces Personnel
type: item
description: This study is motivated by the evolving paradigm in criminal justice, which is no longer solely oriented toward punishment but increasingly emphasizes the restoration of social relationships through a restorative justice approach, including within the military justice system. The research aims to analyze the implementation of restorative justice in military criminal cases adjudicated by the Madiun III-13 Military Court and to examine the legal considerations of the panel of judges in applying this approach in Decision Number 26-K/PM.III-13/AD/VII/2025 concerning fraud committed by a member of the Indonesian National Armed Forces (TNI). This study employs a normative legal research method using statutory and case-based approaches, supported by the analysis of judicial decisions and relevant empirical data related to military justice practices. The findings indicate that restorative justice was implemented through a mutual agreement between the perpetrator and the victim, accompanied by a mechanism for compensating the victim’s losses, while maintaining the principles of military discipline. Accordingly, restorative justice can be proportionally integrated into the military criminal justice system.
subject: Articles
  topic: section
subject: Restorative Justice
  topic: keywords
subject: Military Justice
  topic: keywords
subject: Judicial Considerations
  topic: keywords
subject: Fraud
  topic: keywords
creator: Dinda Goeniswara
creator: Krista Yitawati
creator: Mierza Aulia Chairani
rights: Copyright (c) 2026 Dinda Goeniswara, Krista Yitawati, Mierza Aulia Chairani https://creativecommons.org/licenses/by/4.0
date: 2026-05-15
publication date: 2026-05-15
starting page: 125
ending page: 140
doi: 10.46924/jihk.v8i1.436

Unlawful Acts in Sales and Purchase Agreements and the Protection of Good-Faith Buyers
type: item
description: Sales and Purchase Agreements (Perjanjian Pengikatan Jual Beli—PPJBs) frequently give rise to disputes when legal defects arise in the transfer of land rights, particularly where such defects prejudice buyers acting in good faith. The tension between legal certainty of land ownership and the protection of good-faith parties remains a legal problem that has yet to be fully resolved in judicial practice. This study examines the application of the doctrine of unlawful acts in PPJBs and evaluates the form and effectiveness of legal protection afforded to landowners and good-faith buyers. Employing a normative legal research method, the study adopts statutory, conceptual, and case-based approaches, with particular attention to judicial decisions concerning PPJB disputes. The findings demonstrate that unlawful acts in PPJBs predominantly originate from the bad faith of one of the contracting parties or third parties. At the same time, courts tend to provide proportional protection to good-faith buyers without disregarding the rights of the lawful owner. The study concludes that effective legal protection in PPJB disputes can only be achieved through a balanced application of the principles of good faith and legal certainty within the agrarian law framework.
subject: Articles
  topic: section
subject: Unlawful Acts
  topic: keywords
subject: Sales and Purchase Agreements
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Good Faith
  topic: keywords
creator: Nabilla Zahra
creator: Ali Abdullah
creator: Diani Kesuma
rights: Copyright (c) 2025 Nabilla Zahra, Ali Abdullah, Diani Kesuma https://creativecommons.org/licenses/by/4.0
date: 2026-01-31
publication date: 2026-01-31
starting page: 1573
ending page: 1586
doi: 10.46924/jihk.v7i2.431

Arbitration as a Dispute Resolution Mechanism Supporting the Sustainable Development Goals in Private Higher Education
type: item
description: Private Higher Education Institutions (PTS) in Indonesia are private legal entities with full legal capacity to enter into agreements with third parties, acquire rights, assume obligations, and engage in contractual relations. In its various academic and non-academic activities supporting the Tri Dharma, civil disputes are inevitable. Litigation before the court is still commonly used, yet the judicial process is time-consuming, costly, formalistic, and publicly open to scrutiny—potentially harming institutional reputation. Arbitration emerges as an alternative dispute resolution mechanism that is normatively recognized within Indonesian law, produces final and binding awards, and provides a dispute settlement model that is faster, confidential, flexible, and more compatible with contemporary business needs. This article examines the strategic use of arbitration by PTS as an instrument of good university governance and legal risk management. A clear arbitration clause prevents forum shopping and jurisdictional conflicts before disputes escalate further. Consequently, arbitration should not merely be treated as an optional clause within contracts, but as a deliberate institutional policy to ensure legal certainty, efficiency, and the preservation of institutional credibility
subject: Articles
  topic: section
subject: Arbitration
  topic: keywords
subject: Private University
  topic: keywords
subject: Alternative Dispute Resolution
  topic: keywords
creator: Ahmad Widad Muntazhor
creator: Bia Mangkudilaga
creator: Alya Dean Putri
creator: Muhammad Reza Rivaldo
rights: Copyright (c) 2025 Ahmad Widad Muntazhor, Bia Mangkudilaga, Alya Dean Putri, Muhammad Reza Rivaldo https://creativecommons.org/licenses/by/4.0
date: 2026-01-28
publication date: 2026-01-28
starting page: 1560
ending page: 1572
doi: 10.46924/jihk.v7i2.430

The Draft Asset Confiscation Law in the Recovery of State Losses
type: item
description: Corruption constitutes an extraordinary crime that generates multidimensional harms and significantly undermines state finances. The effectiveness of anti-corruption efforts should be assessed not only through the punishment of offenders but also through the state’s capacity to recover losses by means of asset recovery mechanisms. This study examines efforts to recover state losses within the Indonesian criminal law system, analyzes the normative, structural, and practical obstacles encountered, and evaluates the urgency and relevance of the Asset Confiscation Bill as an alternative legal policy. Employing normative legal research, this study adopts statutory, conceptual, comparative, and case-based approaches. The findings indicate that state loss recovery mechanisms reliant on the criminal punishment of offenders remain suboptimal due to the complexity of corruption offenses and the limitations of existing legal instruments. Accordingly, the enactment of the Asset Confiscation Bill, grounded in an asset-based approach, represents a strategic measure to enhance the effectiveness of state loss recovery.
subject: Articles
  topic: section
subject: State Loss
  topic: keywords
subject: Corruption
  topic: keywords
subject: Asset Forfeiture
  topic: keywords
creator: Rifqi Dwi Bachtiar Rifqi
creator: Hidayatullah Hidayatullah
rights: Copyright (c) 2026 Rifqi Dwi Bachtiar Rifqi, Hidayatullah https://creativecommons.org/licenses/by/4.0
date: 2026-02-09
publication date: 2026-02-09
starting page: 18
ending page: 32
doi: 10.46924/jihk.v8i1.429

Legal Protection of Child Offenders in Restorative Justice–Based Criminal Investigations
type: item
description: Legal protection for children as offenders constitutes a constitutional and statutory mandate that must be effectively realized through a restorative justice–based Juvenile Criminal Justice System. However, in investigative practice, the implementation of such protection continues to encounter various challenges. This study aims to examine the forms of legal protection afforded to child offenders during the investigation process at the Surabaya Police Headquarters, as regulated under the Juvenile Criminal Justice System Law and grounded in restorative justice principles, and to identify both normative and empirical obstacles in order to formulate strategies for optimizing legal protection. This research employs an empirical juridical method using statutory and sociological approaches, with data collected through interviews and document analysis. The findings reveal that legal protection and restorative justice mechanisms have been implemented, albeit not optimally, due to a limited number of specialized child investigators, weak inter-institutional coordination, and low levels of public legal awareness. The study concludes that optimizing legal protection for children requires strengthening institutional capacity, enhancing cross-sector coordination, and improving public legal literacy.
subject: Articles
  topic: section
subject: Legal Protection
  topic: keywords
subject: Juvenile Criminal Justice System
  topic: keywords
subject: Restorative Justice
  topic: keywords
creator: Dodik Wahyono
creator: Gesa Bimantara
creator: Neli Agus Tina
rights: Copyright (c) 2025 Dodik Wahyono, Gesa Bimantara, Neli Agus Tina https://creativecommons.org/licenses/by/4.0
date: 2026-01-16
publication date: 2026-01-16
starting page: 1545
ending page: 1559
doi: 10.46924/jihk.v7i2.426

The Legal Standing of Land Nominee Agreements from the Perspective of Lawful Cause
type: item
description: The practice of borrowed-name agreements in land transactions in Indonesia raises significant concerns regarding contractual validity and legal certainty, particularly when such arrangements are employed to circumvent statutory prohibitions on land ownership. The core issue lies in the discrepancy between the formal structure of the agreement and its substantive purpose, which contravenes agrarian law. This study examines the legal implications of failing to satisfy the requirement of a lawful cause in borrowed-name agreements, formulates a juridical–conceptual framework for assessing their validity through an integration of the doctrine of lawful cause and mandatory principles of agrarian law, and delineates the limits of contractual freedom in land ownership. Employing normative legal research methods, including conceptual analysis, statutory interpretation, and case law review, the study finds that borrowed-name agreements are legally invalid when their purpose is to evade agrarian restrictions, notwithstanding their formal compliance with contractual requirements. The study concludes that the doctrine of lawful cause remains a crucial evaluative instrument for safeguarding the balance between freedom of contract, legal certainty, justice, and public order within the national legal system.
subject: Articles
  topic: section
subject: Borrowed-Name Agreement
  topic: keywords
subject: Freedom of Contract
  topic: keywords
subject: Agrarian Law
  topic: keywords
subject: Lawful Cause
  topic: keywords
creator: Deyosi Faza Shulkhantika
creator: Luthfiyah Trini Hastuti
creator: Isharyanto Isharyanto
rights: Copyright (c) 2025 Deyosi Faza Shulkhantika, Luthfiyah Trini Hastuti, Isharyanto Isharyanto https://creativecommons.org/licenses/by/4.0
date: 2026-01-06
publication date: 2026-01-06
starting page: 1530
ending page: 1544
doi: 10.46924/jihk.v7i2.423

Dishonorable Removal of a Notary for Breach of Professional Ethics: An Analysis of Decision No. 3/Pdt.G/2022/PN Plk
type: item
description: Dishonorable dismissal of a notary constitutes the most severe administrative sanction, directly affecting the continuity of office and the professional legitimacy of notaries as public officials. This study examines the legality of dishonorable dismissal imposed on a notary for ethical violations and evaluates the role of the Regional Supervisory Council within the notarial oversight system, focusing on Decision Number 3/Pdt.G/2022/PN Plk. The research employs a normative legal method using statutory and case-based approaches. Primary and secondary legal materials are analyzed qualitatively through legal interpretation and juridical reasoning. The findings reveal that although the authority to dismiss notaries is normatively regulated under the Notary Office Act, its implementation in the case under study raises significant concerns regarding legal certainty, proportionality of sanctions, and compliance with procedural justice, particularly the right to defense. Furthermore, the Regional Supervisory Council has not functioned optimally as a professional guidance mechanism and tends to operate in a predominantly procedural-administrative manner. This study underscores the need to recalibrate the notarial supervision framework to ensure that dishonorable dismissal is imposed in an accountable, proportional, and legally reasoned manner consistent with the principles of good governance.
subject: Articles
  topic: section
subject: Notary
  topic: keywords
subject: Dishonorable Dismissal
  topic: keywords
subject: Code of Ethics
  topic: keywords
subject: Regional Supervisory Council
  topic: keywords
subject: Procedural Justice
  topic: keywords
creator: Kintan Salma Waluya
creator: Tetti Samosir
creator: Jum Anggriani
rights: Copyright (c) 2025 Kintan Salma Waluya, Tetti Samosir, Jum Anggriani https://creativecommons.org/licenses/by/4.0
date: 2026-01-05
publication date: 2026-01-05
starting page: 1518
ending page: 1529
doi: 10.46924/jihk.v7i2.422

Forgery of Authentic Instruments by Notaries and the Scope of Legal Liability
type: item
description: The forgery of authentic deeds by notaries constitutes a serious legal issue with direct implications for legal certainty and public trust in the civil law system. As public officials, notaries are not only responsible for the formal accuracy of deeds but are also bound by a duty of care in verifying the identities and documents of the parties involved. This article examines the construction of notarial legal liability in cases of authentic deed forgery and the legal consequences arising from deeds executed on the basis of invalid document verification. Employing a normative legal approach, the study analyzes statutory regulations, legal doctrine, and judicial decisions, with particular emphasis on Bandung High Court Decision No. 73/Pid/2023/PT.BDG as a case study. The findings indicate that a notary’s failure to exercise due care, especially within the scope of official authority, may constitute fault giving rise to criminal, civil, and administrative liability. Authentic deeds prepared on the basis of invalid documentation may suffer a degradation of evidentiary value and may lead to the annulment of the legal acts embodied therein. The Bandung High Court decision affirms that the notary’s duty of care serves as a primary benchmark in assessing criminal liability, while also highlighting the need for clearer parameters to distinguish administrative negligence from criminal negligence in order to safeguard legal certainty.
subject: Articles
  topic: section
subject: Notary
  topic: keywords
subject: Authentic Deed
  topic: keywords
subject: Forgery
  topic: keywords
subject: Legal Liability
  topic: keywords
subject: Duty of Care
  topic: keywords
creator: Khadijah Khadijah
creator: Edi Tarsono
creator: Utji Sri Wulan Wuryandari
creator: Agus Surono
rights: Copyright (c) 2025 Khadijah Khadijah, Edi Tarsono, Utji Sri Wulan Wuryandari https://creativecommons.org/licenses/by/4.0
date: 2026-01-05
publication date: 2026-01-05
starting page: 1504
ending page: 1517
doi: 10.46924/jihk.v7i2.421

Interfaith Marriage And The Dilemma Of National Legal
type: item
description: The Indonesian law on interfaith marriage does not explicitly prohibit it, but it also lacks clear legal clarity, leading to confusion and gaps in its implementation. This study employed a qualitative, literature-based research method based on both legislative and comparative approaches. This study compares Indonesia's legal approach with other countries, based on existing laws and community practices. The legal vacuum surrounding interfaith marriage often leads Indonesians to circumvent domestic legal limitations by marrying abroad and re-registering them in Indonesia. Another approach is to marry twice, with each bride and groom representing their respective religions. This reflects the inability of national law to accommodate increasingly pluralistic and cross-border social realities. Strong religious identities, such as Malaysia, explicitly prohibit interfaith marriage through its Islamic family law framework. Conversely, countries with high levels of religious tolerance and strong cultural ties, such as Ethiopia, the United Kingdom, and Singapore, tend to allow freedom of interfaith marriage on the basis of human rights. Indonesian legal policy needs reform to provide legal clarity and be based on community culture, so that community attempts to circumvent the law can be overcome.
subject: Articles
  topic: section
subject: Interfaith Marriage
  topic: keywords
subject: Marriage Law Reform
  topic: keywords
subject: Family Law
  topic: keywords
creator: Uun Kurniasih
creator: Kosim Kosim
creator: Edy Setyawan
rights: Copyright (c) 2026 Uun Kurniasih, Kosim Kosim, Edy Setyawan https://creativecommons.org/licenses/by/4.0
date: 2026-02-18
publication date: 2026-02-18
starting page: 33
ending page: 46
doi: 10.46924/jihk.v8i1.414

Assessing Local Government Responsibility in Protecting Traditional Fishermen through Fisheries Insurance
type: item
description: Traditional fishermen constitute a category of workers exposed to a high level of occupational safety risk, yet they have not received adequate and effective legal protection. One of the policy instruments developed by the state to safeguard fishermen is the fisheries insurance scheme. This study examines the responsibility of local governments in providing legal protection for traditional fishermen through the implementation of fisheries insurance, with a particular focus on Tuban Regency. The research employs an empirical legal method using a socio-legal approach. Data were collected through interviews with local government officials and traditional fishermen, complemented by an analysis of relevant laws and regulations and a review of the existing literature. The findings indicate that although fisheries insurance is supported by a sufficient legal framework, it has not yet functioned as substantive legal protection in practice. Its implementation remains largely administrative, while legal education and assistance with insurance claims are inadequately provided, resulting in legal protection that falls short of delivering legal certainty, tangible benefits, and a sense of security for fishermen.
subject: Articles
  topic: section
subject: Traditional Fishermen
  topic: keywords
subject: Fisheries Insurance
  topic: keywords
subject: Local Government Responsibility
  topic: keywords
subject: Legal Protection
  topic: keywords
creator: Gesa Bimantara
creator: Hanin Alya’ Labibah
creator: Neli Agus Tina
rights: Copyright (c) 2025 Gesa Bimantara, Hanin Alya’ Labibah, Neli Agus Tina https://creativecommons.org/licenses/by/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 1493
ending page: 1503
doi: 10.46924/jihk.v7i2.414

Symbolic Participation in Village Budgeting: A Legal Analysis of Community Involvement in Tangkulowi Village
type: item
description: This study analyzes community participation in the preparation of the Village Revenue and Expenditure Budget (APBDes) from the perspective of village governance law. Law Number 6 of 2014 on Villages, as lastly amended by Law Number 3 of 2024, normatively positions community participation as a fundamental principle of democratic and accountable village financial management. Using a normative-empirical legal approach, this research was conducted in Tangkulowi Village, Kulawi District, Sigi Regency. The findings reveal that community participation in APBDes preparation tends to be symbolic. Although formal involvement occurs through deliberative forums, community influence on budget priorities and allocations remains limited. Aspirations from indigenous groups, youth, and women are not adequately reflected in planning and budgeting documents. This symbolic participation weakens the legal legitimacy of the APBDes and reduces accountability and community oversight of village financial management. The study concludes that community participation in APBDes preparation constitutes a legal issue directly related to the quality of village democracy and the legitimacy of village governance.
subject: Articles
  topic: section
subject: Community Participation
  topic: keywords
subject: Village Governance
  topic: keywords
subject: Symbolic Participation
  topic: keywords
subject: Village Law
  topic: keywords
creator: Moh. Yusuf
creator: Retnadumila Saliha
creator: Moh. Ikbal
rights: Copyright (c) 2025 Moh. Yusuf , Retnadumila Saliha, Moh. Ikbal https://creativecommons.org/licenses/by/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 1480
ending page: 1492
doi: 10.46924/jihk.v7i2.413

Law Enforcement Strategies of the Sragen Police in Combating Cybercrime Against Children
type: item
description: The rapid development of digital technology has fundamentally transformed patterns of crime against children, thereby necessitating more effective and adaptive prevention strategies by law enforcement agencies. This study is motivated by the increasing vulnerability of children to cyberspace-related crimes and the growing urgency for police institutions to utilize digital platforms as preventive instruments. The objective of this research is to empirically examine the implementation of child crime prevention through digital platforms by the Sragen Police Resort and to analyze the legal, institutional, social, and technological challenges encountered in its execution. This study employs an empirical legal research design with a sociological legal approach, utilizing interviews, observations, and document analysis as primary data collection techniques. The findings indicate that the Sragen Police Resort has implemented preventive measures through social media engagement, cyber patrols, and digitally based public outreach. However, the effectiveness of these initiatives remains constrained by limited digital forensic capacity, inadequate cross-sectoral coordination, and a high incidence of underreporting. This study concludes that strengthening regulatory frameworks, institutional capacity, and inter-agency synergy is a critical prerequisite for enhancing the effectiveness of child crime prevention.
subject: Articles
  topic: section
subject: Crime Prevention
  topic: keywords
subject: Child Cybercrime
  topic: keywords
subject: Digital Platforms
  topic: keywords
subject: Law Enforcement
  topic: keywords
subject: Sragen Police Resort
  topic: keywords
creator: Viki Andi Prasetyo
creator: Hanuring Ayu Ardhani Putri
creator: Muhammad Aziz Zaelani
rights: Copyright (c) 2025 Viki Andi Prasetyo, Hanuring Ayu Ardhani Putri , Muhammad Aziz Zaelani https://creativecommons.org/licenses/by/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 1465
ending page: 1479
doi: 10.46924/jihk.v7i2.412

Police Discretion in the Management of Public Demonstrations
type: item
description: Police discretionary authority constitutes a strategic legal instrument for maintaining public order, particularly in managing demonstrations with the potential to disrupt security. Nevertheless, the exercise of discretion may give rise to legal concerns if it is not carried out in accordance with the principles of legality, justice, and the protection of human rights. This study examines the implementation of discretionary authority by the Sragen Police within the framework of applicable laws and regulations and evaluates its conformity with the principles of justice, due process of law, and respect for human rights. Employing a normative–empirical legal methodology, this study adopts statutory, conceptual, and case-based approaches, supported by field data obtained through interviews and a review of relevant literature. The findings indicate that police discretion in Sragen has generally been exercised in a proportional and accountable manner, consistent with the prevailing legal framework and with an emphasis on preventive measures. The study concludes that police discretion functions effectively as an adaptive legal instrument insofar as it remains bounded by legal accountability and professional ethics.
subject: Articles
  topic: section
subject: Discretion
  topic: keywords
subject: Police
  topic: keywords
subject: Public Demonstrations
  topic: keywords
subject: Criminal Law
  topic: keywords
subject: Legality
  topic: keywords
creator: Supriyanto Supriyanto
creator: Femmy Silaswati Faried
creator: Firstnandiar Glica Aini Suniaprily
rights: Copyright (c) 2025 Supriyanto Supriyanto, Femmy Silaswati Faried, Firstnandiar Glica Aini Suniaprily https://creativecommons.org/licenses/by/4.0
date: 2025-12-24
publication date: 2025-12-24
starting page: 1452
ending page: 1464
doi: 10.46924/jihk.v7i2.411

Alcoholic Beverages Distribution in Indonesia
type: item
description: This study analyzes the legal provisions and practices surrounding the distribution of Alcoholic Beverages (Ciu) in Bekonang Village through empirical juridical analysis. The results show that although regulations such as Law No. 18 of 2012 concerning Food and Article 204 of the Criminal Code have established a normative legal framework, there is a wide gap with the reality on the ground (law in action). Ciu remains widely circulated because it has become integrated as a tradition and a source of community income, thus gaining strong social legitimacy. Repressive law enforcement faces complex dilemmas and obstacles due to socio-cultural and economic factors. Efforts by authorities tend to be incidental and fail to address the root of the problem. Therefore, a solely criminal law approach is deemed ineffective and unsustainable. This study concludes that a more comprehensive and integrative policy is needed. The solution lies in reinterpreting regulations that take into account the characteristics of traditional beverages, supported by socio-legal strategies such as health education, business development, and strengthened operational oversight by local governments. Ultimately, a sustainable solution must be able to reconcile formal legal certainty with local wisdom and community economic well-being.
subject: Articles
  topic: section
subject: Legal Analysis
  topic: keywords
subject: Alcoholic Beverages (Ciu)
  topic: keywords
subject: Law in Action
  topic: keywords
creator: Genta Yuris Wicaksono
creator: Hanuring Ayu Ardhani Putri
creator: Firstnandiar Glica Aini Suniaprily
rights: Copyright (c) 2025 Genta Yuris Wicaksono https://creativecommons.org/licenses/by/4.0
date: 2025-12-21
publication date: 2025-12-21
starting page: 1438
ending page: 1451
doi: 10.46924/jihk.v7i2.410

The Implementation of Restorative Justice in the Resolution of Minor Criminal Offenses at the Sragen Police Department
type: item
description: This study aims to examine the implementation of restorative justice in the resolution of minor criminal cases at the Sragen Police Department. The research employs an empirical method using a case study design and a sociological approach that conceptualizes law not merely as a set of written norms but as a social phenomenon operating within society. Data were collected through observations, interviews, and a review of relevant literature focusing on the stages of restorative justice implementation and the factors hindering its effectiveness. The findings indicate that the restorative justice process begins with the submission of a formal request, followed by investigators’ assessment of case eligibility, a mediation process to achieve mutual agreement, and the formalization of the outcome through a written agreement between the parties. However, its implementation faces several obstacles, including limited institutional resources, insufficient understanding among law enforcement officers, disagreements among the parties involved, logistical and scheduling constraints, time limitations, and public perceptions of justice that generate skepticism toward restorative mechanisms. Accordingly, effective solutions are required. The Sragen Police Department should strengthen institutional commitment and regulatory frameworks to ensure that restorative justice is implemented effectively and develops into an embedded organizational culture.
subject: Articles
  topic: section
subject: Restorative Justice
  topic: keywords
subject: Minor Criminal Offenses
  topic: keywords
subject: Sragen Police Department
  topic: keywords
creator: Ghulam Muhammad Abdi
creator: Hanuring Ayu Ardhani Putri
creator: Suparwi Suparwi
rights: Copyright (c) 2025 Ghulam Muhammad Abdi, Hanuring Ayu Ardhani Putri, Suparwi Suparwi https://creativecommons.org/licenses/by/4.0
date: 2025-12-21
publication date: 2025-12-21
starting page: 1424
ending page: 1437
doi: 10.46924/jihk.v7i2.409

A Legal Analysis of the Implementation of Law No. 22 of 2022 on Corrections
type: item
description: This study examines the implementation of Law No. 22 of 2022 on Corrections, focusing on inmate development at the Class IIA Sragen Correctional Institution. An empirical juridical method was employed using statutory and empirical approaches to assess the alignment between correctional legal norms and their practical application. Data were collected through interviews, observation, documentation, and literature review. The findings indicate that inmate development has been oriented toward social reintegration through personality and self-reliance programs. However, its implementation has not been optimal due to limitations in facilities and infrastructure, shortages of qualified personnel, overcrowding, limited community support, and ineffective administrative procedures. These findings demonstrate that inmate development has not yet been fully supported by an integrated correctional system. Accordingly, strengthening correctional policies is necessary through improving human resource capacity, enhancing facilities, simplifying administrative mechanisms, and reinforcing cross-sectoral collaboration to support effective social reintegration of inmates in accordance with the objectives of the correctional system.
subject: Articles
  topic: section
subject: Corrections
  topic: keywords
subject: Inmate Development
  topic: keywords
subject: Social Reintegration
  topic: keywords
subject: Prison
  topic: keywords
creator: Supardi Supardi
creator: Hanuring Ayu Ardhani Putri
creator: Firstnandiar Glica Aini Suniaprily
rights: Copyright (c) 2025 Supardi Supardi, Hanuring Ayu Ardhani Putri, Firstnandiar Glica Aini Suniaprily https://creativecommons.org/licenses/by/4.0
date: 2025-12-20
publication date: 2025-12-20
starting page: 1409
ending page: 1423
doi: 10.46924/jihk.v7i2.408

Administrative Control of Illegal Settlements on Former Cemetery Land in Surakarta
type: item
description: Illegal settlements in the former Bong Mojo cemetery area of Jebres, Surakarta, constitute a significant challenge to urban spatial planning. The construction of unauthorized buildings on land held under Right of Use (Hak Pakai) status reflects high housing demand, weak regulatory oversight, and insufficient enforcement of land law. This study examines the role of the Surakarta City Office of Housing, Settlement Areas, and Land Affairs in addressing the misuse of Hak Pakai land and identifies the institutional and practical obstacles encountered. Employing an empirical legal research design with a qualitative approach, data were collected through field observations, in-depth interviews, and document analysis. The findings indicate that the agency plays a strategic role in supervision, data management, law enforcement, and cross-sectoral coordination. However, implementation is constrained by limited institutional capacity, community resistance, complex land tenure arrangements, and low levels of regulatory compliance. High housing demand coupled with limited purchasing power further incentivizes illegal land use. This study underscores the need to strengthen spatial control policies, enhance inter-agency coordination, and expand access to affordable housing in order to promote orderly land use and ensure legal certainty in Surakarta.
subject: Articles
  topic: section
subject: Informal housing
  topic: keywords
subject: Right of Use,
  topic: keywords
subject: land administration
  topic: keywords
subject: spatial planning
  topic: keywords
subject: Housing and Settlement Affairs Office
  topic: keywords
creator: Dina Wahyu Pamungkasari
creator: Femmy Silaswati Faried
creator: Muhammad Aziz Zaelani
rights: Copyright (c) 2025 Dina Wahyu Pamungkasari, Femmy Silaswati Faried, Muhammad Aziz Zaelani https://creativecommons.org/licenses/by/4.0
date: 2025-12-19
publication date: 2025-12-19
starting page: 1397
ending page: 1408
doi: 10.46924/jihk.v7i2.404