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[The Importance of Using Electronic Deeds to Facilitate The Service and Storage of Notary Archives ]]>
<![CDATA[Henry Donald Lbn Toruan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.483-498
<![CDATA[The rapid progress of the development of information technology has made many changes in human life on earth. Work and activities that used to be done manually are now shifting to using a technological approach. This has been applied in assisting tasks in government and business such as banking, and trading in cyberspace. The rapid advancement of technology in this age of informatics that can provide speed, accuracy, and certainty is a solution to solving various problems and at the same time providing benefits for its users. Notarial deeds play a very important role in facilitating business transactions in the form of trade contracts or other deeds in banking. But unfortunately, in the midst of the advancement of information technology, it turns out that the notarial deed currently does not support the rapid progress of the technology. The question is whether it important to make an electronic deed in carrying out the duties of a notary. The research method used in this paper is a normative juridical method because the results of legal research on electronic deeds that have been carried out so far are still in the form of literature ]]>
<![CDATA[Problems with Time Limitation Regulation in the Settlement of General Election Offenses ]]>
<![CDATA[Gaza Carumna Iskadrenda]]>;
<![CDATA[Edward Omar Sharif Hiariej]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.499-512
<![CDATA[The electoral legal framework in Indonesia is designed to be highly complex, which causes several problems. One of them is in the realm of election offenses, considering the establishment of the settlement mechanism is complicated due to the very short time limit. This research aims to identify, examine, study, and discover many regulatory problems that will undoubtedly help law enforcers to settle election offenses in the future. This research falls under the category of normative legal research prioritizing the use of secondary data, including primary, secondary, and tertiary legal materials. Based on the data used, the documentation study/library study technique with tools in the form of written materials as described was used and qualitatively analyzed. The research finding showed that the specialization of the regulation in the form of speedy trial or fast-track judicial process is the root of the problem in the settlement of election offenses, considering the existing problems cannot be separated from it.]]>
<![CDATA[Examination and Confiscation of Notarial Deeds for The Purpose of Criminal Law Enforcement without Approval from The Notary Honorary Council ]]>
<![CDATA[Moh. Roziq Saifulloh]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.423-436
<![CDATA[The Notary’s right of refusal through the approval of the Notary Honorary Council (NHC) hinders the practice of criminal law enforcement because it is absolute and there is no further (final) legal remedy, even though a similar policy (beleid) has been revoked by the Constitutional Court. In practice, the notary cannot be examined by investigators, public prosecutors, or judges, unless they have previously obtained NHC approval, as regulated in Article 66 paragraph (1) of Law Number 30 of 2004 as amended by Law Number 2 of 2014 (Notary Position Law). Even if Notary Honorary Council refuses, then there will only be further legal remedies through a lawsuit by the State Administrative Court. In fact, the provisions regarding the Notary’s right of refusal should be ‘determination’ by court decisions (vonnis) as regulated in Article 170 of the Criminal Code, and not ‘administrative determination’ (beschikking) through NHC approval based on the delegation of supervisory authority from state institutions. This paper concludes that every law enforcer in criminal cases (police, prosecutors, and judges) can examine a Notary with the condition of special permission from the Head of the local District Court, approval of direct interested parties, or NHC approval as stipulated in Article 43 of the Criminal Code in conjunction with Article 66 paragraph (1) of the Notary Position Law. This paper is normative research with a statutory approach, conceptual approach, and case approach.]]>
<![CDATA[Determination of Zero Rupiah Rate Against Non-Tax State Revenue for Intellectual Property Rights Services ]]>
<![CDATA[Nevey Varida Ariani]]>;
<![CDATA[Amirudin Amirudin]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.513-524
<![CDATA[The government continues to encourage the public to innovate to grow intellectual property by providing protection and legal certainty, including the application of Non-Tax State Revenue (Penerimaan Negara Bukan Pajak - PNBP) of Zero Rupiah. The problem is how to set a zero IDR Rupiah rate on non-tax state revenues for intellectual property services. The research method used is normative juridical. Provision of a non-tax state revenue rate of zero rupiahs determined based on certain conditions for intellectual property services such as social, religious, and state activities, and given specifically to underprivileged communities, students or /college students, Micro, Small and Medium Enterprises, or force majeure conditions, as well as activities that support the programs of the Ministry of Law and Human Rights, especially the Directorate General of Intellectual Property. Optimization of the budget or the achievement of PNBP in the Directorate of Intellectual Participation needs to be monitored and evaluated every year. Therefore, it is necessary to have a legal basis in the form of a Regulation of the Minister of Law and Human Rights concerning the Amount, Requirements, and Procedures for the imposition of Non-Zero Rupiah State Revenue Rates for Intellectual Property Services by first through the approval of the Minister of Finance]]>
<![CDATA[The Role of E-Commerce in Escalation of Digital Economy in The New Normal Era Based on Law Number 27 of 2022 Concerning Personal Data Protection ]]>
<![CDATA[Tasya Safiranita]]>;
<![CDATA[Ahmad M. Ramli]]>;
<![CDATA[Denidah Olivia]]>;
<![CDATA[Ferry Gunawan C.]]>;
<![CDATA[Ega Ramadayanti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.437-450
<![CDATA[The phenomenon of the spread of the Novel Coronavirus Disease (Covid-19) globally and thoroughly has transformed the trend of society, including the people of Indonesia. The tendency of individual behavior in buying and selling transactions is transformed from outside the internet network (offline) to inside the internet network (online). The level of comfort and convenience of the public in accessing and choosing various types of products online through electronic systems has given birth to new tendencies and habits in the e-Commerce landscape and has the potential to remain relevant even after the pandemic is over.. However, problems have arisen related to e-Commerce user data which has experienced many leaks so their activities tend to be insecure. If in the e-commerce transactions a sense of security and legal certainty is not guaranteed, it is feared that its development will stagnate. The research uses normative juridical methods and analytical descriptive types that explain the relationship between the Covid-19 health crisis and its impact on the tendency of people to conduct electronic buying and selling transactions where there is a shift in demand from physical retail to e-Commerce during the New Normal period. From this study, it was found that e-Commerce plays a major role in helping the community to remain active in online buying and selling transactions even in the post- pandemic period where legal protection is guaranteed for their activities. As for the legal regime that regulates the protection of personal data, it can help optimize the acceleration of e-Commerce with responsibility and principles of safety and security in serving consumers.]]>
<![CDATA[The Problem of Criminalization of Commercial Sexual Workers and Users of Prostitution Services ]]>
<![CDATA[Rianda Dirkareshza]]>;
<![CDATA[Eka NAM Sihombing]]>;
<![CDATA[Rosalia Dika Agustanti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.525-536
<![CDATA[Prostitution is a complex problem because it intersects with so many aspects, especially in women’s rights. However, the complexity of the problem is not accompanied by legal certainty of regulations regarding prostitution. This paper aims to find out and understand how the problem of criminalization of prostitutes and users of prostitution services in Indonesia. This research method is normative juridical law research with a concept and legislation approach. Data used secondary data consisting of primary, secondary, and tertiary materials. The result found is a legal vacuum related to the regulation of prostitution actions so that prostitutes and users of prostitution services often escape the legal snare. The need for criminalization as a countermeasure against users of prostitution services that are key in the practice of prostitution and protecting women’s rights. As well as countermeasures by providing rehabilitation for prostitutes and in them to have skills and not fall back into the vortex of prostitution practices.]]>
<![CDATA[Intellectual Property Rights as The Resource for Creative Economic in Indonesia ]]>
<![CDATA[Ika Atikah]]>;
<![CDATA[Ahmad Zaini]]>;
<![CDATA[Iin Ratna Sumirat]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.451-464
<![CDATA[Intellectual Property (IP) objects from copyright such as songs and films have economic value that can improve the country’s economy and can even be used as collateral for credit, but the condition is that they must be registered with the ministry of law and human rights. Law No. 24/2019 has not yet regulated in detail the mechanism for granting credit to creative economy actors with intellectual property collateral objects. The research method used here is in the form of a doctrinal approach to laws and regulations. Primary sources are relevant legal regulations related to intellectual property and credit financing, and secondary sources are books and journals. The purpose of this research is to understand credit financing with collateral in the form of songs and films. PP No.24/2022 provides flexibility for creative economy actors to obtain credit financing not only at bank financial institutions but also at non-bank financial institutions. However, the special conditions that are regulated are that the intellectual property has been registered or registered with the ministry that organizes government affairs in the field of law, the intellectual property has been self-managed, and or the rights have been transferred to another party.]]>
<![CDATA[Measuring The Effectiveess of Consumer Dispute Resolution on Small Value E-Commerce Transaction ]]>
<![CDATA[Mosgan Situmorang]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.537-550
<![CDATA[The development of very advanced information technology has changed the pattern of trade carried out by the community. Buying and selling are no longer only carried out directly with the meeting of sellers and buyers in certain places, but can be performed from anywhere with the help of information technology. E-commerce or trade conducted online is growing very rapidly from day to day and has become a lifestyle for people, especially in urban areas. In addition to having a positive impact, e-commerce also has a negative impact, because the laws governing it have not developed as fast as these trading practices. One of the problems is related to the existing settlement institutions. Existing institutions are seen as not being able to properly accommodate consumer disputes that arise. The dispute resolution available is considered conventional and has not accommodated disputes that arise, especially for claims of small value, which make up the majority of the online trading section. In connection with the above description, a research was conducted. The question in this study is how effective is the dispute resolution agency currently available, especially for e-commerce disputes of small value. This research was conducted with a normative juridical method. From the results of the study it can be concluded that the existing dispute resolution institutions cannot be said to be effective, especially in consumer disputes of small value, adequate dispute resolution for claims of small value arising from online buying and selling. From the results of the research, recommendations are given to form existing dispute resolution institutions, especially BPSK, to increase their role and capacity so that they can accommodate small-value disputes quickly and at low cost]]>
<![CDATA[Private Limited Company in Indonesian Positive Law: Elaborating The Basic Concept of Corporate Law, Comparison to Other Countries and Its Development ]]>
<![CDATA[Achmad Fikri Rasyidi]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.465-482
<![CDATA[The concept of a private limited company was first introduced in the Job Creation Law which is different from the concept of a company in the previous regulation. It is important to dig deeper into the concept of a private limited company: is it possible for a company legal entity to only have a single shareholder or it must be established by a minimum of 2 (two) persons as shareholders? Therefore, this paper applied the normative juridical method, which is believed to be able to answer the aforementioned problem. This paper reviewed the concept of a private limited company juxtaposed with the concept of a company that was in effect before the Job Creation Act and elaborated on the development of company regulations in Indonesian Law. In conclusion, it is found that the basic concept of a private limited company (as a legal entity) can be established by 1 (one) person, as the founder and sole shareholder, that is, as long as the establishment of the company is authorized by the state. Furthermore, the development of company legal arrangements in Indonesian law shows that the law must be responsive to the development of society. This is evident from several changes in the regulation of company law in Indonesia to accommodate the needs of economic development in society.]]>
<![CDATA[Problematic in The Civil Decision Execution Process in Indonesia in Order to Realize Court Excellence ]]>
<![CDATA[Ahyar Ari Gayo]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.V22.551-560
<![CDATA[The duties and responsibilities attached to the position of the Head of the District Court have required him to examine and review every petition for execution submitted to the District Court he leads. This is necessary in order to avoid obstacles to the execution of court decisions that already have permanent legal force. Therefore, this paper aims to describe the causes of obstacles in the execution of court decisions that have permanent legal force. The method used in this research is descriptive-analytical method with the main approach is normative juridical. This study found that the main causes of delays in the execution of court decisions that already have permanent legal force include limited executors, limited budgets, opposition by other people or third parties, and judicial review of court decisions. In order to overcome the obstacles faced in the execution by the Supreme Court of the Republic of Indonesia, it is necessary to prepare State Civil Apparatus that specifically becomes executors by carrying out education in accordance with the main functions that are quite adequate]]>
