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[Dispensation of Marriage in The Perspective of Children's Rights: Best Interest of The Children ]]>
<![CDATA[Nabilah Luthfiyah Chusnida]]>;
<![CDATA[Teddy Prima Anggriawan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.295-310
<![CDATA[Underage marriage with marriage dispensation is very influential on the lives of children and adolescents. The Convention on the Rights of the Child has determined that the best interest of the child is the primary interest in any action concerning the child. This study uses a normative juridical method based on a statutory approach. The purpose of this research is to find out the judge's considerations and what factors cause the rise of early marriage. This study concludes that the number of marriage dispensations in Indonesia continues to increase from 2016-2018, and is stagnant in 2019-2020. This figure increases because awareness of the meaning of marriage is reduced and many people in Indonesia think that adat must still be maintained. The high dispensation of marriage is caused by economic factors, pregnancy out of wedlock, and cultural factors. Thus, the judge assessed that the granting of a marriage dispensation had the best impact on the child in accordance with the theory of the best interests of the child. The implementation of the regulations that have been implemented still requires derivative regulations that regulate the basics of granting marriage dispensations in court. In order for the application for a marriage dispensation to be granted wisely, it is recommended to refer to Law Number 16 of 2019 concerning Marriage and PERMA Number 5 of 2019 concerning Guidelines for the Termination of Marriage Dispensation. So that judges avoid subjective considerations in adjudicating marital dispensation cases.]]>
<![CDATA[Initiating The ASEAN Arbitration Board as a Forum for Settlement of Investment Legal Disputes in The Framework of Integration of The ASEAN Economic Community (AEC) Region ]]>
<![CDATA[Marulak Pardede]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.337-360
<![CDATA[The impact of liberalization and globalization of the world economy is that all countries in the ASEAN region, have become an area of a borderless economic community (AEC). This has triggered an increase in the foreign investment business and its legal disputes, which of course need legal certainty for dispute resolution. The parties must resolve it through general courts (litigation), or alternative dispute resolution out of court or arbitration (non-litigation). Therefore, it becomes a legal issue: what are the legal aspects of resolving legal disputes between the Indonesian government and foreign investors; and what efforts should be made to facilitate the settlement of investment law disputes, within the framework of regional integration of the ASEAN economic community? This study aims to analyze investment dispute resolution and the idea of establishing an MEA arbitration body as a forum for resolving investment legal disputes between business actors. This study uses a normative juridical method, which is based on library research to obtain secondary data, sourced from primary, secondary, and tertiary legal materials. The specifications of the analytical descriptive research describe the establishment of the MEA arbitration body and the potential positive impacts. The data analysis method used is juridical qualitative. The results of the study indicate that the development of investment business legal dispute resolution in the MEA area requires the AEC Arbitration Board as a forum for resolving investment disputes between business actors, mainly due to differences in legal systems between countries.]]>
<![CDATA[Open Court Principle for The Public in Material Judicial Review Right in The Supreme Court ]]>
<![CDATA[Andryan Andryan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.387-394
<![CDATA[The Supreme Court (MA) has the authority legality review on regulations under the law against the law as stated in Article 34A paragraph (1) of the 1945 Constitution. Unlike the Constitutional Court (MK) in the examination process until the ruling applies Open Court Principle the Supreme Court does not implement it because apply the legal provisions that apply to the application case in the shortest possible time. This research uses normative legal research methods with conceptual approaches, philosophical approaches and statute approach. “There are two research questions of this study namely why is the principle of the trial open to the public in the right of judicial review in the MA in the concept of modern legal states and what is the constitutional basis for a trial open to the public based on the principle of Audi et Alteram Partem.? Based on principle as law country, Indonesia should emphasize on transparency to make public decision at court so that justice will prevail. The Supreme Court can make rule that accommodate the spirit of a trial that is open to the public as in the principle of Audi et Alteram Partem.]]>
<![CDATA[Legal Certainty of Suspension of Debt Payment Obligations Proceedings during The Covid-19 Pandemic Period ]]>
<![CDATA[Rizki Amalia Yuliani]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.371-386
<![CDATA[During the Covid-19 pandemic period, the Suspension of Debt Payment Obligations (PKPU) Proceedings at the Commercial Court in Indonesia are now carried out online. The implementation of Suspension of Debt Payment Obligations (PKPU) Proceedings Online in the Commercial Court during the Covid-19 pandemic period was carried out based on the Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 1 of 2019 and the Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number 109/KMA/SK/IV/2020. However, the implementation of Suspension of Debt Payment Obligations (PKPU) Proceedings Online during the Covid-19 pandemic period in every Commercial Court in Indonesia varies, depending on the conditions and facilities at the Commercial Court. In response to this, since the beginning of 2022, the Supreme Court has drawn up a draft amendment to PERMA Number 1 of 2019 and formed technical instructions for amendments to PERMA Number 1 of 2019 which the preparation is still ongoing until August 2022. This research was conducted using a normative juridical law research method. This study discusses the amendments to PERMA Number 1 of 2019 and the draft technical instructions for amendments to PERMA Number 1 of 2019. The results of the study showed that the draft amendments to PERMA Number 1 of 2019 and the draft of technical instructions for amendments to PERMA Number 1 of 2019 still do not regulate the implementation of creditor meetings and online voting. In this regard, it is recommended that the Supreme Court add rules regarding guidelines for conducting creditor meetings and online voting in the Suspension of Debt Payment Obligations (PKPU) Proceedings Online process so that the Suspension of Debt Payment Obligations (PKPU) Proceedings Online process in all Commercial Courts is uniform and provides legal certainty for the parties.]]>
<![CDATA[Opportunities and Challenges: E-Commerce in Indonesia from a Legal Perspective ]]>
<![CDATA[Edy Santoso]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.395-410
<![CDATA[The development of e-commerce in Indonesia has encouraged the creation of a digital economy. On the other hand, this business model presents various legal challenges that are no less interesting to anticipate. By applying normative research methods and using statutory and comparative law approaches, this study examines two issues. First, what are the legal aspects that are used as the basis for the role of Information and Communications Technology (ICT) in capturing e-commerce opportunities? Second, what are the legal challenges ahead with the rapid growth of e-commerce in Indonesia? This study concludes that normatively Indonesia already has various regulations in the field of cyber law that support the use of ICT in e-commerce. However, it needs specific regulation. This study finds things that will become legal challenges in the future, including there are still gaps for parties to commit violations and crimes, especially in the fields of data theft, intellectual property, fraud, and breach of contract. This study provides the suggestion that the government should pay attention to security-related regulations, especially those related to personal data security. It requires the role of business actors in making "self-regulation" which ensures data protection based on a technical perspective.]]>
<![CDATA[Power Oligarchy: The Game of Cartel in Cooking Oil Scarcity ]]>
<![CDATA[Fatihani Baso]]>;
<![CDATA[Andi Yaqub]]>;
<![CDATA[Andi Novita Mudriani Djaoe]]>;
<![CDATA[Ashadi L. Diab]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.361-370
<![CDATA[Allegations related to the cartel arise every time Indonesia experiences a shortage of cooking oil. The study aims to discuss the causes of the scarcity of cooking oil in Indonesia. Is it because of Permendagri Number 06 of 2022 or because of a cartel or is it caused by an artificial scarcity made by a syndicate? And whether this cartel and scarcity have anything to do with it. The study used qualitative research. The study uses normative or socio legal by analyzing relevant sources and news related to the scarcity of cooking oil. The results showed that the cause of the scarcity of cooking oil was the highest retail price which was marked by the issuance of Permendagri No. 6 of 2022, the law of one price which causes arbitrage, artificial scarcity by businessman, panic buying among the public, conditional sales and distribution problems. The relationship between the cartel and the scarcity of cooking oil lies in its complex and non-transparent distribution to consumers. The cartel group restrains the widely circulated cooking oil products with HRP because the businessman will lose out automatically if sold at HRP. Therefore, businessman withdraw products from the market and resulting in scarcity.]]>
<![CDATA[Rules Regarding Mandatory Equity Securities Listing: Is It Possible for A Public Company Without Listing on The Indonesian Stock Exchange? ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.285-294
<![CDATA[ ABSTRACTThe Financial Services Authority has issued the latest regulation in the Capital Market sector, namely the Financial Services Authority Regulation Number 3/POJK.04/2021 concerning the Implementation of Activities in the Capital Market Sector. This paper aims to conduct a more specific analysis regarding the mandatory elements for a company that will conduct a public offering to list its equity securities on the stock exchange. The initiation of the obligation to conduct equity securities listing is carried out in order to reduce the intensity of backdoor listing or efficient efforts towards Initial Public Offering activities by acquiring a company whose shares have been listed on the Stock Exchange. This article was compiled using a normative legal research method. Based on Financial Services Authority Regulation Number 3/POJK.04/2021, the Financial Services Authority through the Depository and Settlement Institution conducts electronic securities listing which is not part of the securities collective custody. The Depository and Settlement Institution checks the conformity of the Securities records in the Depository and Settlement Institution with the records in the Securities Administration Bureau or the Public Company which conducts its own Securities administration. The mandatory to be listed for the equity securities of a public company closes legal loopholes for companies that wish to become public company using a procedure that is not in accordance with the provisions of the prevailing laws and regulations.Keywords: registered; capital market; public company; securities]]>
<![CDATA[The Urgency of Reharmonization in Construction of The Stage Formation of Law ]]>
<![CDATA[M Jeffri Arlinandes Chandra]]>;
<![CDATA[Febrian Febrian]]>;
<![CDATA[Bayu Dwi Anggono]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.311-324
<![CDATA[Indonesia is a state of law that relies on a rule of law formed as a basic rule in the state and society. The law as the primary basis must be made following the principles of the Formation of good law so that it is expected that later it can be applied and has binding legal force for all levels of society. However, the current situation is far from the expectation of the formation of good law. For example, the Formation of a job creation law which is considered not to involve the community actively, many articles are contrary to legal principles, disharmonized and unsynchronized between law. The formation of law seems in a hurry so there are many errors in writing (typo) and many other things. Therefore, it is necessary to reconstruct the stages in making good law. This paper uses normative research with a statutory approach, a comparative approach, and finally concludes with a conceptual approach where concepts that are considered suitable can be applied in Indonesia. This article provides two conclusions. First, the practice of harmonization, synchronization and consolidation of conceptions that have been well implemented but only exist at the planning and drafting stages of the Bill. While after the discussion/mutual agreement (plenary), no further harmonization and synchronization are carried out. Second, the post-discussion (plenary) re-harmonization stage can provide space for the implementation of educational facilities, consultations and publications of pre-validation and enactment of law that will be ratified in the form of meaningful public participation]]>
<![CDATA[Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card ]]>
<![CDATA[Nazar Fuadi Nur]]>;
<![CDATA[Azhari Yahya]]>;
<![CDATA[Efendi Idris]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.411-422
<![CDATA[This study aims to analyzes the status of unregistered marriages recorded in the Family Card from maqashid syariah point of view. The methods applied in this study is normative legal research by relying on secondary data. The approaches used to analyze research problem are statutory and conceptual approach. The results of study indicate that according to Islamic law point of view unregistered marriage is a legal marriage. Marriage and marriage registration are two different dimensions. The marriage contract which is pledged based on syariah law results in religious legal relationship; while marriage registration results in legal acknowledgement in the view of national law and may protect the couple from any legal issue that may arise in the future. From the perspective of maqashid syariah, unregistered marriage may cause a lot of harm for the lives of couple and their children. The status of unregistered marriage is hard to be recognized by the Religious Courts because there is no evidence of marriage that may be shown by the couple. Therefore, it is suggested for unregistered marriage couple to conduct isbat nikah (renew of marriage) so that their marriage is recognized and registered by the state through Office of Religious Affairs.]]>
<![CDATA[Effectiveness of Social Work Sanction as a Substitute for Imprisonment in The Perspective of Sentencing Purposes ]]>
<![CDATA[Emaliawati Emaliawati]]>;
<![CDATA[Bonarsius Saragih]]>;
<![CDATA[Aji Mulyana]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September 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.V22.325-336
<![CDATA[ABSTRACTImprisonment is a criminal sanction that eliminates the freedom of perpetrators with the aim of providing a deterrent effect so as not to commit criminal acts and improve behavior in order to become better human beings. In this study, problems were formulated regarding the effectiveness of social work sanctions as a substitute for imprisonment from the perspective of sentencing purposes. This study uses a normative juridical approach, with descriptive-analytical research specifications. The data used are primary data obtained through an analytical study of applicable laws, followed by concepts that have been carried out, and secondary data obtained through literature studies (references from various countries that have imposed social work sanctions), which are then analyzed utilizing a comparison between primary and secondary data qualitatively. From the study results the issue regarding the effectiveness of social work sanction as a substitute for imprisonment focuses on changing the behavior of the convict in reducing the level of crime in society and the effectiveness of social work punishment for criminals associated with the purpose of sentencing, it is used as an alternative for sentencing that is in line with the purpose of sentencing itself.]]>
