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INDONESIA
Jurnal Penelitian Hukum De Jure
Published by Badan Strategi Kebijakan Hukum, Kementerian Hukum Republik Indonesia
ISSN : 25798561     EISSN : 14105632     DOI : 10.30641
Core Subject : Education, Social,
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol 23, No 2 (2023): June Edition" : 9 Documents clear
Gagasan Penataan Pilkada Calon Tunggal Junaidi - Junaidi
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.143-162

Abstract

The existence of single candidate in the 2015-2020 simultaneous Local Election (Pilkada) period tends to dramatically increase along with the rise of the political parties coalition supporting single candidate, thus closing the opportunity for other candidates to advance through a political party. In the practice of organizing single-candidate elections, several cases have been exposed to the public, which suggests that there were problems before the single candidate was decided. This study describes the various phenomena that arise in the organization of single-candidate elections and formulates appropriate structuring strategies. This research was normative and sociological legal research. Normatively using a statute approach and case approach, while sociologically using a qualitative approach. Several phenomena were found, namely; the increasing support of political parties for single candidate is due to the pragmatic political parties that are oriented towards victory and instant profit (political dowry), resulting in a large financial burden that must be prepared by prospective candidates. This condition is exceptionally favorable for candidates with sufficient financial capabilities which then motivates political parties to smooth the victory. Appropriate structuring measures are needed, including; first, the need to reduce the nomination threshold for political parties. Second, organizing party coalitions both related to the time of formation and the maximum limit of the coalition, and third, tightening the eligibility requirements for single candidate by considering the level of voter turnout.
Risiko Misleading Information Laporan Keuangan Penerbit UMKM pada Securities Crowdfunding: Mengimplementasikan BLU sebagai Auditor untuk menjamin Perlindungan Pemodal Zaki Priambudi; Bima Rico Pambudi; Natasha Intania Sabila
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.163-178

Abstract

Securities Crowdfunding (SCF) is expected to be a fast, cheap, and massive alternative funding system for Micro, Small, and Medium Enterprises (MSMEs). However, its implementation is far from ideal. Several studies in China, Britain, and America concluded that SCF is one of the riskiest investment instruments. This is closely related to the lack of implementation of audit obligations on the financial statements of MSMEs as Issuers. To analyze the above problems, this study applied doctrinal research methods and Reform Oriented Research. This study aimed to analyze the urgency of establishing the Public Service Agency of Securities Crowdfunding (BLU SCF) in the implementation of the SCF ecosystem in Indonesia and design the idea of regulating BLU SCF as an SCF auditor. This research found that: (1) the urgency of establishing BLU SCF includes the high default risk by the Issuers, the responsibility exemption from the Issuers and the Organizers for the truth of the financial statements, and there is a potential conflict of interest between the Issuers and the Organizers; (2) BLU SCF will be authorized to audit the reports and other financial documents published by the Issuers through the Organizers. Institutionally, BLU SCF will be under the auspices of the Ministry of Cooperatives and Small and Medium Enterprises. This idea is expected to improve the practice of SCF implementation in Indonesia, by prioritizing the protection of Investors’ rights to the truth of the Issuer’s financial statements.
Perlindungan Hukum bagi Debitur dalam Kontrak Standar Perjanjian Bank Garansi Ajrina Febi; Mohamad Fajri Mekka Putra
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.245-254

Abstract

The absence of a conceptual definition of a Bank Guarantee has resulted in different interpretations from one bank to another in translating the applicable regulations. Some legal experts questioned the standard contract because it is considered not to provide room for negotiation between contracting parties and tends to create an imbalance of rights and obligations between the bank and the debtor customer. The bank guarantee plays a role when the customer defaults on the bank, that is, the bank has the right to exercise, but if the customer avoids it, the second step is for the bank to issue a warning letter. The author focused on standard contracts/agreements regarding bank guarantees. In writing this paper, the issues raised are regarding the legal protection of the parties in a bank guarantee agreement. The research method used is normative law research using normative law case studies in the form of legal behavior products. The practice of fraud, deception, and forgery is one of the legal problems faced by the parties in the Bank Guarantee and Standby L/C agreements. This act of fraud has been proven to have a detrimental effect on both internal and external banking parties. The higher the intensity of fraud, the higher the level of decline in customer trust in banking institutions.
Paradigma Penerapan Asas No Work No Pay dalam Penentuan Upah Proses Syahwal - Syahwal
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.179-192

Abstract

The principle of no work no pay is a legal principle in labor law whose content shows the relationship between wages and work in an employment relationship. That means workers will not get paid if they do not work. The legal principle is frequently applied by courts in determining wages for workers whose employment relationship have been terminated so that workers lose their rights to process wages. With a non-doctrinal study that uses court decisions, this research examines the legal considerations of the panel of judges in applying the principle of no work no pay when determining whether to give wages to workers whose employment relationship has been terminated. The study showed that the paradigm of applying the no work no pay principle is still focused on the positivist mindset, which is deeply rooted in court as well as in the process of legal reasoning by the panel of judges. So that workers who do not work are considered as a single legal fact without other legal facts that accompany it.
Partisipasi Indonesia dalam IE-CEPA: Sebuah Kewajiban atau Kebijakan? Carissa Amanda Siswanto; Wishnu Kurniawan; Dita Birahayu
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.255-272

Abstract

International agreements made by Indonesia with other countries have helped enrich the provisions of legislation relating to trade and investment in Indonesia. One of them is IE-CEPA, it is hoped that the utilization of market share in each country can be optimized for entry into the European Union market and used as a basis to catch up with other ASEAN countries. The issue that arises here is whether Indonesia’s cooperation with the EFTA Group of Countries is an obligation or policy. This research uses a form of normative juridical research and uses a statute approach and a conceptual approach. The purpose of this study is to describe the cooperation carried out by Indonesia with the EFTA group of countries as an obligation of countries to implement economic policies. The results of this study show the cooperation carried out by Indonesia with the EFTA group of countries as part of economic policies to improve the country’s development. This cooperation agreement has been officially ratified into Indonesia’s national regulation through Article 1 of Law No.1/2021, which indicates the State’s approval to comply with and be bound by IE-CEPA. This is in accordance with Article 26 of VCLT and Article 4 paragraph (1) of Law No.24/2000.
Analisis Yuridis Tentang “Agile Working” dari Sudut Pandang Hukum Ketenagakerjaan Positif di Indonesia Joshua Evandeo Irawan; Dwi Foni Yunita Nur Asyah
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.193-206

Abstract

The Covid-19 pandemic has resulted in the adoption of flexible work systems called Agile Working, which combines work flexibility and technology. This research focused on Indonesian labor laws, namely UU 13/2003, Law No. 6 of 2023, and PP No. 35/2021, to establish legal certainty for Agile Working. Previous research identified a lack of legal framework for remote working, which shares similarities with Agile Working. This research aimed to address this gap by providing new insights and findings. Using the Dogmatic Normative Juridical Method, the researchers analyzed Agile Working within the framework of Indonesian labor law. The researchers engaged in a literature review, encompassing laws, regulations, court decisions, and other legal literature, to thoroughly examine the relevant legal provisions. This involved assessing compliance with labor regulations such as the Manpower Law, government regulations, and labor policies. Relevant court decisions were also considered for legal interpretation.The research concluded that Agile Working could be implemented in Indonesia with legal protection, particularly concerning Working Time and Overtime Pay. The authors recommended that workers and employers adhering to Agile Working in Industrial Relations must uphold their rights and obligations to ensure compliance with the law. To summarize, this research updated previous studies on Agile Working, offering fresh insights and contributions. Through the normative research method, the authors analyzed and interpreted labor laws, providing a deeper understanding of how Agile Working aligns with Indonesian labor law. The research confirmed the legal implementation of Agile Working in Indonesia, emphasizing the importance of respecting rights and obligations. 
Penguatan Peran POLRI dalam Implementasi Hukum Pidana Internasional Prof. Dr. Iza Fadri
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.207-218

Abstract

Changes and developments in the national, regional, and global environment have triggered the rapid development of transnational crime, in this context, the Indonesian National Police (Polri) with the authority to act as state apparatus and law enforcer is the spearhead and front guard of the criminal justice system in eradicating transnational crime. Related to the foregoing, the applicability of International Criminal Law and its application in Indonesia is still an unresolved problem. In connection with the above, in terms of reviewing and analyzing related to the prospects of international criminal law and challenges to the Indonesian National Police, the author use normative juridical research methods using library research. The Juridical-Normative research method is a research method that places legal principles and legal rules as a touchstone to assess whether there was actually a violation or not. So, it can be concluded that there is a need to strengthen and develop international criminal law which is supported by comparative studies and activities in the framework of comparative law or comparative study of international criminal law studies at S1 STIK-PTIK. In the Elucidation of Article 7 of the Human Rights Court Law, it is stated that “the crimes of genocide and crimes against humans in this provision are in accordance with the Rome Statute of the International Criminal Court (Article 6 and Article 7)”. This provision raises the consequence that the legal spirit, interpretation, elements, and application must follow and comply with the provisions contained in the ICC Statute. In the course of the following, several serious human rights violations have been examined and tried based on the Human Rights Court Law with the establishment of an Ad Hoc Human Rights Court, such as the East Timor Post-Ballot case and the Abepura case.
Eksistensi Pidana Kerja Sosial dalam Perspektif Hukum Progresif Jody Imam Rafsanjani; Rizki Bagus Prasetio; Zaihan Harmaen Anggayudha
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.219-230

Abstract

The most current Indonesian Criminal Code (KUHP) contains the concept of Community Service Punishment, which is considered an effort to reform the criminal law system. Community Service Punishment, as a form of punishment in this country, requires an appropriate mechanism to achieve sentencing goals, namely the rehabilitation of convicts through participation in social activities that benefit society. This study aims to analyze the existence of Community Service Punishment to strengthen law enforcers’ understanding of it as one of the main recognized forms of punishment. By using a progressive legal perspective, this research recognizes that the law should consider the development of society and emphasizes the importance of legal reform, if necessary. This study uses a normative juridical approach and conducts qualitative analysis. Based on the results of research conducted through literature studies, it was found that the criminal justice process results in overcapacity in Correctional Facilities, which ultimately hinders the achievement of sentencing goals. Therefore, the importance of imposing Community Service Punishment is very relevant. However, to carry out Community Service Punishment effectively, an organized and systematic procedure is required. This will ensure that the implementation of Community Service Punishment aligns with the expectations and goals to be achieved. We suggest that the relevant parties take advantage of the ratification of the Criminal Code as an opportunity to renew criminal law in Indonesia by increasing the competence and coordination of the criminal justice subsystem in terms of Community Service Punishment.
Reformasi Peraturan Investasi di Indonesia Marulak Pardede
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.231-244

Abstract

The purpose of this research is to find answers to the problem of the existence of many statutory regulations related to investment (obesity, hyper-regulation), which are believed to be not conducive to creating competitiveness and ease of doing business in Indonesia so the government makes a policy of simplifying these various regulations into one regulation, namely the Omnibus law on the Job Creation Law. The main problem of this research is: Are the policies of the Indonesian government to improve the competitive climate and legal certainty for investing in Indonesia, in accordance with statutory provisions? This problem is divided into several sub-sub-subjects: Current investment regulation problems; Obesity, Hyper regulation, and Regulatory Reform related to Investment; Controversy and legitimacy of the Omnibus Law in the National legal system, Suing the partiality and the negative impact of the Omnibus Law on Job Creation. The research method is a juridical-normative approach, with secondary data in the form of statutory regulations, literature, journals, and the internet. Data collection techniques used is a literature study. Data analysis technique is a qualitative descriptive analysis. The results of the study showed various investment statutory regulations in Indonesia cause obesity, hyper-regulation, which can reduce investment attractiveness. To overcome this issues, the government has taken legal breakthroughs with the omnibus law system on the Job Creation Law, to be able to trigger convenience while at the same time guaranteeing legal certainty, as well as improving the investment competitiveness climate in Indonesia.

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