Jurnal Penelitian Hukum De Jure
The De Jure Legal Research Journal, known as Jurnal Penelitian Hukum De Jure, is a legal publication issued three times a year in March, July, and November. It is published by the Law Policy Strategy Agency of the Ministry of Law of the Republic of Indonesia, in collaboration with the Indonesian Legal Researcher Association (IPHI). This association was legalized under the Decree of the Minister of Law and Human Rights Number AHU-13.AHA.01.07 in 2013, dated January 28, 2013. The journal serves as a platform for communication and a means to publish diverse and relevant legal issues primarily for Indonesian legal researchers and the broader legal community. In 2024, the management of the De Jure Legal Research Journal will include various stakeholders, as outlined in the Decree of the Head of the Law and Human Rights Policy Agency Number PPH-18.LT.04.03 for 2024, dated February 20, 2024, which establishes a publishing team for the journal. According to the Decree of the Director-General of Higher Education, Research, and Technology of the Ministry of Higher Education, Science, and Technology of the Republic of Indonesia, Number PPH-18.LT.04.03 for 2024, which is based on the Accreditation Results of Scientific Journals for Period 2 of 2024, the De Jure Legal Research Journal has achieved a Scientific Journal Accreditation Rank of 2 (Sinta-2). This reaccreditation is valid for Volume 23, Number 1, of the year 2023, through Volume 27, Number 4, of the year 2027.
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<![CDATA[Discontinuation of Corruption Investigation and Prosecution: A Comparison of Indonesia, The Netherlands, and Hong Kong ]]>
<![CDATA[Ahwan Ahwan]]>;
<![CDATA[Topo Santoso]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.1-16
<![CDATA[The discontinuation of the investigation and prosecution of corruption crimes is one of the important substances of the amendment to Law No. 19 of 2019 concerning the Corruption Eradication Commission which then led to debates both among academicians and legal practitioners. The discourse focused on the essence and concerns of transactional practices in the process of law enforcement for corruption crimes in the future. By using the legal comparative method, this paper tries to compare the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in Indonesia, Hong Kong, and the Netherlands. The results of the study show that the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in the three countries have differences in their arrangements. Normatively, Indonesia and the Netherlands regulate this matter in several articles, while for Hong Kong, although they do not regulate it in an expressis verbis manner in the law, the provisions concerning the discontinuation of investigations and prosecutions of corruption crimes are known in their law enforcement practices as seen in the case handling scheme published by the Independent Commission Against Corruption (ICAC). However, the use of the mechanism for terminating the investigation and prosecution of corruption crimes can be seen as a balancing mechanism against the legal process. Regulations regarding the discontinuation of investigations in corruption crimes must be maintained as a control mechanism against the possibility of errors in law enforcement procedures or for other technical reasons.]]>
<![CDATA[Urgency of The Position of District Election Supervisory Body in The Resolution of Disputes Between Participants in The Regional Head Election in Indonesia ]]>
<![CDATA[Muhammad Yusrizal Adi Syaputra]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.121-134
<![CDATA[The ad hoc position of the District Election supervisory body will have an impact on actions to carry out the functions and duties of the District Election supervisory body during the election of regional heads. This study aims to determine the urgency of the position of the District Election supervisory body in the formation of effective supervision in the Pilkada and to find out the Mechanism of Dispute Resolution between Election Participants by the District Election supervisory body in the election of regional heads. This study uses a normative juridical research method, with secondary data and a conceptual approach. The data were analyzed qualitatively. The result of the first study is that the decision of the Election supervisory body an ad hoc institution is binding but still limited and not final because the aggrieved party can file a lawsuit to the State Administrative High Court. The mechanism for resolving disputes between participants in the Pilkada organizers by the District Election supervisory body is regulated technically through Election supervisory body Number 2 of 2020. Disputes between participants are carried out on the principle of the quick and simple, same-day to achieve legal certainty and benefit in regional head elections.]]>
<![CDATA[Analysis to The Policy of Delaying The Execution of Those Sentenced to Death is a Violation of Human Rights ]]>
<![CDATA[Muhaimin Muhaimin]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.105-120
<![CDATA[Human rights are basic rights of the human being that exist and are a gift of Almighty God. Human rights are also natural rights that therefore cannot be revoked by other human beings. Indonesia is one of the countries that still apply the death penalty in its positive law where the unlawful acts are considered an extraordinary crime that endangers the lives of the nation and the State. The discourse of Indonesia as a country that has the philosophy of Pancasila until now can cause pro and con problems, because there are still many among legal experts and human rights activists as well as the public who question it because of differences and views, among others. The statement of the problem in this scientific paper is “How is the policy related to the death penalty in human rights seen from the current positive legal regulations?” The method used in this study is a normative juridical method. Seeing so many convicts with sentenced to death who have not been executed, it can be said that the State has committed human rights crimes (against convicts with sentenced to death), because they have served the sentence for the 2nd (second) time, namely the Imprisonment and Death Penalty. The implementation of Restorative Justice is possible to be executed as a legal breakthrough, where it becomes a solution to avoid human rights violations that can occur within the time of the delay of the death penalty. The National Commission for Human Rights (the Komnas HAM) as a representative of the Government is expected to be more aggressive in protection efforts.]]>
<![CDATA[The Legal Position of Sumang Child According to Customary Law in Kopong Village of East Nusa Tenggara ]]>
<![CDATA[Evi Djuniarti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.135-144
<![CDATA[The existence of Sumang Child for the people of Kopong Village, Sikka Regency, East Nusa Tenggara is a “disgrace” for his extended family, so based on local customs, the parents as well as the child must be expelled from the village, after going through the customary procession. Children born from unexpected relationships do not have rights either from the family of the 2 (two) parents or based on the provisions of national and international law. The formulation of the problem in the writing of this paper is “How is the Position of Sumang Child seen from Customary Law and State Law? This research is secondary data obtained through literature studies in the form of laws and descriptive analysis. Custom is a very sacred ritual for the people of Kopong village, Sikka Regency, East Nusa Tenggara, especially regarding ceremonies for the existence of Sumang Child and the parents that cannot be delayed or avoided. When viewed from the existence of the Child Protection Law and other regulations, this does not occur in the protection of the child and his parents.]]>
<![CDATA[Legal Protection of Kid Influencers from Child Exploitation ]]>
<![CDATA[Jody Imam Rafsanjani]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.93-104
<![CDATA[Advances in information technology and improvements to internet network infrastructure make it easier for everyone to work and obtain information. There has been an adaptation of marketing techniques using influencer marketing, so the influencer profession is known. Unfortunately, to get marketing targets aimed at children, kid influencer services are a form of influencer marketing. Children are considered unable to make decisions about themselves. The roles of various parties are needed so that kid influencers can avoid acts of exploitation because the use or direction of children’s energy as kid influencers sacrifices children’s development both emotionally and physically. This article is to find out the fulfillment of children’s rights so that they can live, grow, develop, and participate optimally by human dignity and protection from violence and discrimination. This article uses a normative juridical approach, analyzed qualitatively. Based on literature study regarding legal protection, Indonesia ratified the United Nations Convention on the Rights of the Child with the Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child; Amendment to the 1945 Constitution by including Article 28B Paragraph (2); and Law Number 23 of 2002 concerning Child Protection. It is hoped that all related parties will prioritize programs that protect children from exploitation in the implementation of all Child Protection instruments.]]>
<![CDATA[Chemical Castration Execution Model Through The Administration of Police Medical Operation ]]>
<![CDATA[Kodrat Alam]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.63-80
<![CDATA[Prosecutors as executors of court decisions are required to be able to be anticipatory in the process of law enforcement against sexual violence crimes following medical doctors’ refusal to be involved in the execution of chemical castration. This study aims to find a model of chemical castration execution that can be applied through the administration of police medical operation (Dokpol) which combines the roles and positions of medical doctors and law enforcers simultaneously to support the implementation of police duties. The statements of the problem are set to find answers to the questions: Should the execution of chemical castration imposed by the court always be carried out? And can chemical castration be carried out through the implementation of police duties? The research method used is a normative juridical method. The availability of resources of police medical operation who have competence in the health sector is expected to be a solution for prosecutors to prepare chemical castration executors in accordance with the provisions required in Article 9 letter b of Government Regulation No. 70 of 2020, in order to achieve legal certainty regarding the implementation of the Mojokerto District Court decision whose execution is planned to take place in 2031.]]>
<![CDATA[The Existence of A Norm Regarding The Execution of Fiduciary Guarantees After The Issuance of The Constitutional Court Decision Number 18/PUU/XVII/2019 ]]>
<![CDATA[Rosyidi Hamzah]]>;
<![CDATA[Fadhel Arjuna Adinda]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.81-92
<![CDATA[The issuance of the decision of the Constitutional Court Number 18/PUU-XVII/2019 on January 6, 2020, caused a change in the execution pattern of Fiduciary Guarantee objects. The issuance of this Constitutional Court decision was not accompanied by creating a new norm regarding the execution pattern of Fiduciary Guarantee objects. It brings legal uncertainty and ambiguity in executing Fiduciary Guarantee objects. Therefore, the statements of the problem in this paper are how is the pattern of execution after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019? And how is the existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019? The research method used is the normative legal research method. The pattern of execution of Fiduciary Guarantee objects after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 experienced ambiguity and obscurity because the contents of the Constitutional Court’s decision were only general norms. The existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019 is necessary to support legal certainty in executing objects of Fiduciary Guarantee.]]>
<![CDATA[Juridical Analysis About Cyberbullying Cases by Child Perpetrators Against Child Victims ]]>
<![CDATA[Joshua Evandeo Irawan]]>;
<![CDATA[Andrian Nathaniel]]>;
<![CDATA[Steven Jonathan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.17-32
<![CDATA[This study discusses the legal protection of a child victim of cyberbullying and a child perpetrator. This research raised a case where a child with the initial “Z” who became a victim of cyberbullying from her schoolmate with the initial “S”. The research method used is the normative-juridical method: processing legal materials collected through a literature review.This study aims to determine the applicable law (legal protection) against the child victims of cyberbullying, based on Law No.35 of 2014 in conjunction with Law No.11 of 2008. In terms of the child perpetrator of cyberbullying, the criminal justice system of the children must be based on Law No. 11 of 2012.The result shows that “Z”, the child victim of Cyberbullying, has received positive legal protection in Indonesia based on Article 76C of Law 35/2014, and Article 27 paragraph (4) juncto Article 28 paragraph (2) of Law 11/2012. Child “S” who terrorizes Child “Z” via WhatsApp may be subject to criminal sanctions in accordance to Article 80 paragraph (1) of Law 35/2014 juncto Article 45 paragraph (1) and (2) of Law 11/2008 junctis Article 81 of Law 11/2012. This case criminal sanctions can be imposed on Child “S” with Law 11/2012.]]>
<![CDATA[State’s Loses in The Corruption Crimes of Members of The Board of Directors of State-Owned (Persero) or Regional Government-Owned Banks and Their Subsidiaries in The Provision of Credit/ Financing ]]>
<![CDATA[Try Widiyono]]>;
<![CDATA[Farhana Farhana]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.33-48
<![CDATA[Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Eradication of Corruption Crimes provides normative direction that one of the essential things that must be proven in corruption crime is the existence of “State’s losses”. Members of the Board of Directors of State-Owned Enterprise in the form of bank, in managing of the company, especially in the provision of credit or financing, are very afraid of being accused of corruption crimes. The legal relationship between the State as a legal subject with the companies having status as State-Owned Enterprises (the Persero) is the existence of majority share ownership or controlling shares by the State in limited liability companies with Persero status. Such a legal relationship has been regulated in various applicable laws and regulations that have and are sourced from theoretical and philosophical foundations such as corporate legal doctrines for example the legal doctrine of piercing the corporate veil, the doctrine of fiduciary duty law, and the Business Judgment role. Some legal problems arise, namely how is the legal relationship of the State with State Enterprises? And can the non-performing credit or non-performing bank financing affect the value of the State’s participation in State-owned Bank /Region-Owned Bank? The legal research used in addressing the issues in question is normative legal research, and therefore the results obtained in this legal research are what they should be.]]>
<![CDATA[Restorative Justice in Child Rape Perpetrators: A Case Study on Perpetrators With Intellectual Disability ]]>
<![CDATA[Wahyu Saefudin]]>;
<![CDATA[Rony Aryono Putro]]>;
<![CDATA[Sriwiyanti Sriwiyanti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March Edition ]]>
Publisher : <![CDATA[Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub ]]>
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DOI: 10.30641/dejure.2022.V22.49-62
<![CDATA[The main role of probation officers is implementing restorative justice for the juvenile. However, a rape perpetrator with intellectual disability will encourage a different approach. Therefore, this study aims to explain how the application of restorative justice by probation officers on youth offenders with intellectual disabilities. The method used in this study is an empirical normative method. Primary legal materials were obtained through interviews with probation officers tasked with assisting in the investigation, prosecution, and examination in court, to assist in implementing decisions. Another source of legal materials was also obtained through the document of community research. Finally, secondary legal materials were obtained from various sources such as legislation, library books, and scientific journals. The results show three primary points. First, probation officers have realized restorative justice through their role in community research and mentoring. Second, probation officers provide recommendations for the rehabilitation of offenders. Third, probation officers reinforce other law enforcers such as police, prosecutors, and judges to conduct psychological diagnoses to ensure the child’s condition. However, this study also finds that not all law enforcers can understand and handle children with intellectual disabilities.]]>
