DiH : Jurnal Ilmu Hukum

DiH: Jurnal Ilmu Hukum is published by the by the University Law Faculty Doctor of Law Study Program August 17, 1945 Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. DiH: Jurnal Ilmu Hukum is created as a means of communication and dissemination for researchers to publish research articles or conceptual articles. The DiH: Jurnal Ilmu Hukum only accepts articles related to the topic of law except business law. The DiH: Jurnal Ilmu Hukum is available in both print and online.

List of Papers (Total 230)

Clarity of Information and Consumer Consent in the Usage of Personal Data by E-Commerce Platform

The widespread use of e-commerce platforms in the era of the industrial revolution 4.0 cannot be separated from concerns about the use of personal data by these platforms without the consent of consumers. This can lead to misuse of consumers' personal data and causing losses. For this reason, regulations that protect consumer personal data from this are needed. In this regard...

Legality of Electronic Contracts in the Context of Good Faith Principle Application in E-Commerce Transactions within the Modern Economy: A Review Based on Wilstheorie

Seeing the many facilities provided by E-commerce, especially related to electronic contracts, legal problems arise from the side of civil law related to the validity of the agreement and the legal relationship of the parties. This research aims to determine the validity of electronic contracts from the perspective of the application of the principle of good faith in e-commerce...

The Influence of Theorie Von Stufenbau Der Rechtsordnung in the Indonesian Legal System

The aim of this research is to analyze the influence of Hans Kelsen's Theorie Von Stufenufbau Der Rechtsordnung on the Indonesian legal system. The research method employed is legal research with a statutory and conceptual approach. Primary and secondary legal materials are analyzed using normative analysis. The findings reveal that Theorie Von Stufenufbau Der Rechtsordnung...

Justice-Based Enhancements to the Civil Servant Rumenaration System in the Ministry of Religious Affairs

The Ministry of Religion is currently undertaking a bureaucratic reform program aimed at enhancing organizational structure, management systems, human resources, and salary or remuneration frameworks. The 2008 Ministry of Finance Work Plan profile outlines a Bureaucratic Reform program, which includes the enhancement of the remuneration system. This study seeks to evaluate and...

Protection of Human Rights in Pancasila Democracy

Pancasila serves as the foundation of the Indonesian state and the principal ideology guiding the formulation and implementation of government policies. This research aims to provide evaluative and informative material on Pancasila from a human rights perspective. The study falls within the juridical-normative category, involving the examination of theories, concepts, legal...

Optimisation of Trademark Registration Policy for MSMEs in Indonesia

The growing economy is accompanied by increased business competition among business actors, including Micro, Small, and Medium Enterprises (MSMEs). Trademark infringement is a risk inherent in such business competition. Therefore, it is crucial to mitigate disputes and trademark infringement by other business actors through trademark registration. However, the number of MSMEs...

Regulation of People's Economy in Regions Based on Pancasila and Reflexive Law Theory

Pancasila serves as a fundamental normative framework encompassing politics, economics, and culture. Reflexive law functions as a coordination system for actions within semi-autonomous social sub-systems during transitional periods. This study aims to analyze the regulation of the populist economy within the context of Pancasila and reflexive legal theory. The research...

Maintaining Debtors' Rights in Cessie Actions Through Implementing the Principle of Transparency

Cessie agreements, wherein creditors transfer rights to receivables to another party, are commonplace in the business world. However, under certain circumstances, a cessie agreement can be rendered null and void, leading to legal consequences for the parties involved. This research aims to analyze the legal protection afforded to debtors in the absence of notification regarding...

Towards Economic Optimization: Evaluating The Impact of Legal Changes

Restorative justice symbolizes a paradigm shift in enforcing criminal laws, right from focusing on penalizing the offenders to attending to mending the damages caused by crime while promoting reconciliation and restoration of relations within the society, has been found as well in the context of taxation to address violations of tax regulations. Tax law enforcement with a...

Implementing Forensic Psychology to Assess Criminal Responsibility in Juvenile Offenders

Almost every juvenile offender is diagnosed with one or more categories of mental disorders. Currently, the role of psychology at the police level in handling juvenile offenders serves as a supplementary element when deemed necessary, as stipulated in Article 27 of Law No. 11/2012. This forensic psychology process provides the legal system with clinical data and analyses of the...

Reframing Prosecutorial Legitimacy: Embracing Restorative Justice in Criminal Case Discontinuation

This research aims to find out and understand the scope of the Prosecutor's office, especially in the field of prosecution in the criminal justice system, as explained in this journal, namely regarding regulations related to the authority of the Prosecutor in implementing the termination of prosecution for criminal cases based on the principle of restorative justice and regarding...

Implementation of Minister of Home Affairs Regulation Number 111 of 2014 concerning Technical Guidelines for Village Regulations (Study in Bedahlawak Village, Jombang Regency)

Villages have the authority to manage and regulate their own government affairs as recognized by Article 18B paragraph (2) of UUD NRI 1945. As governments that have their own autonomy, villages have the authority to form regulations at the village level. The formation of regulations in villages must be in accordance with Permendagri No.111/2014. However, many village regulation...

Legal Regulations for Fair National Salt Pricing Policy in Indonesia

So far, the problem has been the distribution of the salt harvest, which does not have a fixed price each harvest period. This is because there is no policy that specifically regulates the selling prices of salt farmers and entrepreneurs. Meanwhile, during the harvest period, farmers determine selling prices usually based on the weather and the success of the harvest, while...

Characteristics of Illicit Enrichment as a Corruption Crime

The practice of corruption in Indonesia has occurred systematically and widely in the life of society so that corruption can be called an extraordinary crime. In addition, the absence of illicit enrichment as a criminal offense in the corruption eradication law is a serious matter. Considering that Indonesia has ratified the UNCAC, which shows that Indonesia agrees to the...

Risk-Based Licensing Arrangements: Between Convenience and Legal Certainty

Government through Law No.6/2023 has changed the licensing system which originally used the concept of licensing (license-based) to became risk based (risk based approach). The change in approach was carried out by the government in an effort to simplify licensing considering that the concept of licensing in practice tends to be complicated and hampers the business sector. In...

Lex AI: Solution for Governance of Artificial Intelligence in Indonesia

In the third decade of our century, AI is gradually becoming a part of daily life for people. The development of AI-based innovations in different fields such as navigation assistance software, image processing, and chatbots; and AI-based gear that helps paralyzed individuals regain their ability to walk, are convincing examples of how AI is being utilized more and more in daily...

The Legal Analysis Of The Nomination Of Former Convicts Corruptions In Convinient Elections In 2020

This research departs from the 2020 Boven Digoel Regional Head Election, where the regional head had committed criminal acts of corruption while serving as regional head for two periods, namely 2005-2010 and 2010-2013. Furthermore, when he was running again as regional head in 2020, he was a former convict. This corruption was disqualified by the constitutional court after he was...

A Law Enforcement Of Motor Vehicle Theft In The Jurisdiction Of Papua POLDA

Motor vehicle theft crimes in Papua will increase in 2021 and 2022, although in 2023 there will be a decline, these figures each show high numbers, this also contributes to the high number of crime cases in Papua and makes Papua the number one crime-prone country in Indonesia. This research focuses on iden-tifying law enforcement efforts in terms of Article 362 KUHP and...

Pembentukan Badan Layanan Umum Daerah Oleh Pemerintah Daerah

The purpose of this study is to analyze the authority of the Regional Government in establishing the Regional Public Service Agency. This research is normative legal research with statutory and conceptual approaches. The results of this study found that based on Article 346 of Law No.23/2014 in conjunction with Article 205 paragraph (1) PP No.12/2019 Regional Government has...

Dynamics Of Authority To Defend The Kanjuruhan Tragedy In The Criminal Justice System

The Criminal Justice System in Indonesia has explained related to the authority of each law enforcement apparatus, including the authority to defend suspects or defendants. However, deviations occurred in 2022 where the police acted as defenders in trials (legal advisors) for other members of the police who were accused in the Kanjuruhan tragedy, this is of course vulnerable to...

Problematika Perpanjangan Masa Jabatan Kepala Desa Menurut Prinsip Negara Demokrasi

The demand for an extension of the village head's term of office becomes a dilemma, according to regulations the authority for extending the term of office of the village head is an open legal policy that forms political laws, but on the other hand, in democratic principles, we want restrictions on power. The research method used in this study is normative legal research using...

Konsep Pengaturan Kontinuitas Koalisi Partai Politik Dari Pre-election Coalition Ke Government Coalition

The regulation concerning political party coalitions of the presidential election has been implemented since the enactment of Article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia. It has been known that in the practice of coalitions formed is relatively short-term and unstable. This study aims to analyze the existence of a pre-election coalition in the...

Prinsip Kehati-Hatian Dalam Pengelolaan Limbah Medis Untuk Mewujudkan Kehidupan Yang Berkelanjutan

The purpose of this research is to find out about medical waste management under the precautionary principle. This study uses a normative research method based on a review of literature and regulations or public policies to discuss issues. The novelty of the research is the application of the precautionary principle in the management of medical waste as environmental protection...

Kajian Yuridis Penyelesaian Sengketa Melalui Mediasi Elektronik Di Era New Normal

After the Covid-19 pandemic (New Normal Era) after the pandemic hit for two years almost all over the world, including Indonesia, there are still various social and legal problems that have not been resolved. Legal phenomena related to private interests as a result of Covid-19 arise in society because of conflicts of interest between parties so that disputes occur whose...

Perlindungan Hukum Pada Pihak Ketiga Sebagai Pemilik Objek Jaminan Hak Tanggungan

The involvement of a third party in a debt agreement as the owner of the mortgage object is a legal action that often occurs in people's lives. Not a few third parties feel disadvantaged due to debt agreements between debtors and creditors because there are still no regulations that clearly regulate legal protection, one of the cases is Decision No.9/Pdt.G/2020/PN.Tbn. This...