Jurnal HUKUM BISNIS

KEDUDUKAN HUKUM ATAS PENCABUTAN KETERANGAN SAKSI DALAM UPAYA PENINJAUAN KEMBALI PERKARA PIDANA (STUDI KASUS PUTUSAN MAHKAMAH AGUNG NOMOR 1688 PK/PID.SUS/2024)

MANSUR MANSUR — Sat, 04 Apr 2026 00:00:00 +0700

This study examines the legal standing of revoking witness statements as new facts (Novum) in a judicial review (PK) effort, by analyzing the Ratio Decidendi of the Supreme Court (MA) in Decision Number 1688 PK/Pid.Sus/2024. Witness statements are fundamental evidence (Article 183 of the Criminal Procedure Code), so their revocation has the potential to undermine the basis of criminal evidence, but this also creates a conflict between the demands of material justice and the principle of legal certainty (res judicata). Using a normative juridical method, this study concludes that the evidence of testimony (witness/defendant) independently cannot be qualified as Novum. The statement must be further proven through a separate court process, where the Novum is the decision resulting from the evidence (referring to the Sengkon and Karta cases). The Ratio Decidendi of the MA in Decision Number 1688 PK/Pid.Sus/2024 rejected the revocation of the Liga Akbar Witness statement. The Supreme Court asserted that the revocation, carried out years after the verdict had become legally binding, while the initial testimony was given under oath, was "legally groundless" and "injured the values ??of justice and legal certainty." This rejection reflects a strict interpretation of Article 263 Paragraph (2) of the Criminal Procedure Code, which stipulates that Novum must have decisive quality to overturn a verdict, in order to maintain the finality and stability of the Indonesian judicial system.

Keywords: Judicial Review; Novum; Ratio Decidendi

PEMIDANAAN TERHADAP TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA DI KABUPATEN SIDOARJO (Studi Putusan Nomor 909/Pid.Sus/2022/PN.Sda)

SLAMET SETIO UTOMO — Wed, 11 Mar 2026 00:00:00 +0700

This Research is aimed at finding out the punishment for criminal acts of narcotics abuse in Sidoarjo Regency (Decision Study Number 909/Pid.Sus/2022/PN.Sda), the method used in this research is normative juridical qualitative with a statutory approach. The results obtained in the Court Decision Number 909/Pid.Sus/2022/PN Sda criminal law regarding narcotics in accordance with law number 35 of 2009 concerning narcotics in article 114 paragraph (2) the judge’s consideration is reviewed from the legal dacts in the trial so that there is a ruling by handing down Therefore, the punishment for 13 years and a fine of IDR 2,000,000,000 (two billion rupiah) with the provision that if the fine is not paid, it will be replaced by imprisonment for 3 months.

Keywords: Crime, Narcotics Abuse, Sidoarjo

PENGATURAN TINDAK PIDANA DALAM PERATURAN DAERAH PASCA DITETAPKANNYA UU NO. 1 TAHUN 2024

CHRISTIAN ALEXANDER TJANDRA, BINTANG BAYU APRILA PUTRA — Sat, 04 Apr 2026 00:00:00 +0700

The enactment of Law Number 1 of 2024 concerning the Criminal Code has brought fundamental changes to the criminal law system in Indonesia, including the regulation of criminal offenses in Regional Regulations (Peraturan Daerah). This research aims to examine the regulation of criminal offenses in Regional Regulations after the enactment of Law Number 1 of 2024. The changes include the elimination of imprisonment (pidana kurungan) in regional regulations, the adoption of a new fine categorization system consisting of eight categories, the obligation for all regional governments to adjust the criminal provisions in their regulations to comply with Book One of the new Criminal Code as mandated by Article 613, and the elimination of the distinction between crimes and violations. This study uses a normative legal research method with a statutory approach and a conceptual approach. The results show that regional regulations must undergo significant adjustments in terms of criminal sanctions, legal terminology, and enforcement mechanisms to remain consistent with the new national criminal law framework.

Keywords: Criminal Offense, Regional Regulation, Criminal Code, Law Number 1 of 2024

PENDAPAT HUKUM TENTANG PEMBENTUKAN “KAMPUNG RESTORATIVE JUSTICE” DI KABUPATEN GRESIK

FRIDA PARTIWI — Sat, 04 Apr 2026 00:00:00 +0700

“Kampung Restorative Justice” is a community-based initiative aimed at resolving criminal cases through restorative justice principles that emphasize restoring relationships between offenders, victims, and the community. Unlike conventional approaches that focus mainly on punishment, this model prioritizes mediation, dialogue, and mutual agreement to achieve fair and balanced outcomes for all parties involved. The concept was developed to implement restorative justice at the village level, particularly in rural communities where social harmony and collective values play a significant role in maintaining order. In this approach, case resolution does not only impose sanctions on offenders but also seeks to repair the harm caused by the crime and rebuild trust among community members. Its main objectives include restoring damaged relationships, achieving peaceful settlements through agreements accepted by all parties, increasing public awareness about restorative justice, and preventing future crimes by encouraging offenders to take responsibility for their actions. The implementation generally involves mediation facilitated by community leaders, traditional authorities, or religious figures who act as neutral mediators. Community participation is essential, as residents may serve as witnesses or stakeholders in the reconciliation process. This model has been applied in resolving minor offenses such as petty theft and minor assault. However, challenges remain, including limited public understanding, differing views among law enforcement officials, and inadequate facilities to support mediation processes.

Keyword: Restorative justice, Kampung Restorative Justice, community-based dispute resolution, mediation, criminal justice reform

KEKUASAAN DALAM PENYELENGGARA PEMERINTAH DAERAH

VERRELL TRISTAN SULISTIANO — Sat, 04 Apr 2026 00:00:00 +0700

Indonesia is a state based on the rule of law which places the limitation and distribution of power as a fundamental principle in the administration of government. Within the framework of the Unitary State of the Republic of Indonesia, the division of authority between the central government and regional governments serves as an essential mechanism to ensure effective governance and to promote public welfare. The diversity of Indonesian society, consisting of various ethnic groups, cultures, and customary legal systems, also influences the formulation of regional policies. Consequently, regional regulations must accommodate local needs while remaining consistent with higher legal norms, particularly the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the relationship pattern between regional executive institutions and regional legislative institutions as well as the distribution of power between the central and regional governments within the Indonesian constitutional system. The research employs a normative legal research method with a statutory approach. The findings indicate that the relationship between regional executive and legislative institutions is essentially based on a partnership model grounded in the principle of checks and balances in regional governance. Furthermore, the distribution of power between the central and regional governments is implemented through decentralization mechanisms regulated by legislation to maintain a balance of authority and ensure effective governance within a constitutional state.

Keywords: distribution of power, central government, regional government

RELASI KONSEPTUAL ILMU NEGARA DAN PENGANTAR ILMU HUKUM DALAM SISTEM PENDIDIKAN HUKUM INDONESIA

AZIZ PANJI A. — Sat, 04 Apr 2026 00:00:00 +0700

This study examines the conceptual relationship between State Science (Staatslehre) and Introduction to Legal Studies (PIH) as two foundational courses in Indonesian legal education. The central problem addressed is why two disciplines that conceptually support each other are consistently treated as independent entities in the curriculum, and what the intellectual consequences of this separation are. This study employs normative legal research methodology using conceptual and comparative approaches. Primary legal materials include statutory provisions relevant to the formation of Indonesia's rechtsstaat, while secondary legal materialsencompass literature in constitutional law theory, state theory, and legal philosophy from verifiable sources. The findings demonstrate that State Science and PIH stand in a coconstitutive relationship: State Science provides the ontological foundation for why the state has authority to create and enforce law, while PIH explains how that authority is actualized within a positive norm system. The concept of the rechtsstaat constitutes the strongest intersection point between them. The existing pedagogical separation produces a structural comprehension deficit in law students, and this study argues that curricular integration is not merely a pedagogical preference but a requirement of epistemological coherence.

Keywords: State Science, Introduction to Legal Studies, Staatslehre, Rechtsstaat, Normative Legal Education