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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 7 Documents
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Search results for , issue "Vol 24, No 2 (2024): July Edition" : 7 Documents clear
Indonesian Law and Artificial Intelligence: Balancing Accountability, Ethics, and Innovation Hasibuan, Rangga Hotman; Rawung, Aurelya Jessica; Wowiling, Fidel Jeremy
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.121-132

Abstract

Artificial intelligence (AI), which includes computing for perception, cognition, and action, raises complicated legal issues. This research investigates AI’s influence and legal implications, focusing on its autonomy in communication and creativity, which raises problems about language, intellectual property, and ethical accountability. Discussions differ depending on whether they are influenced by the Common Law or Civil Law systems. While Common Law defines AI as “computer-generated work,” Civil Law tends to see AI as a legal thing. This research aims to formulate a solid ground for an AI legal framework in the Indonesian national legal system. The research undertaken involves a thorough analysis of academic literature, focusing on the legal and ethical implications of AI, highlighting the need for a nuanced perspective to define its subjectivity. In conclusion, the complex interplay between artificial intelligence (AI) and legal principles involves reframing old terminology. Existing models for AI duty are called into question, and vicarious liability is one possible answer. AI is a derived law problem, so it needs to be carefully calibratedfor responsible innovation while also keeping ethics and technological progress in check.
Impact of Criminal Code’s Articles 263 & 264: A Critical Look at Press Freedom and Human Rights Nova, Efren; Fernando, Zico Junius; Putra, Panca Sarjana; Agusalim, Agusalim
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.133-146

Abstract

The public, human rights advocates, and media practitioners have engagedin significant debate regarding Articles 263 and 264 of the new CriminalCode (KUHP). These articles establish laws that criminalize spreadingfalse news that could cause social unrest. The punishments for spreadingsuch information vary depending on the severity and intention behind itsdissemination. Articles 263(1) and (2) differentiate between intentionallyspreading false information that the perpetrator knows is untrue andspreading information that is reasonably believed to be false. The punishmentfor this offense can be imprisonment for up to six years or a maximumfine of category V. Article 264 specifically addresses the act of spreadingfalse information that the perpetrator knows is untrue. Meanwhile, Article264 specifically addresses the act of spreading ambiguous, exaggerated,or incomplete news. Those found guilty can face a maximum penalty oftwo years in prison or a category III fine. This study utilizes normativelegal methodologies, which include statutory, conceptual, comparative,and futuristic approaches. The research design is characterized by bothdescriptive and prescriptive elements. Content analysis was conductedto evaluate the collected data. The study’s findings illustrate that theprimary objective of Articles 263 and 264 of the new Criminal Code is tomaintain public order and deter riots that may arise as a consequence of thedissemination of incorrect information. Nevertheless, these provisions havebeen criticized for their potential to be used as a means to suppress pressfreedom and limit public expression, both of which are fundamental aspectsof democracy and the protection of human rights. Concerns have beenraised about the potential impact of the implementation of these articles onthe protection of press freedom as guaranteed by the Press Law.
Legal and Ethical Issues in the Constitutional Court Decision Concerning Minimum Age Limits for Presidential and Vice Presidential Candidates Prasetyo, Yogi; Indiantoro, Alfalachu; Isnandar, Aries
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.147-158

Abstract

This article aims to explain the basic considerations of Constitutional Court Judges in deciding case Number.90/PUU-XXI/2023 and analyze the existence of controversial issues in this decision. The background to this writing is a decision by the Constitutional Court which is considered unusual. There are new things out of the ordinary in deciding cases and the momentum approaching the 2024 general election has become a sensitive and interesting study. The research method used in this writing is a normative juridical method with a legal philosophy approach. This is in accordance with the main problem of analyzing the judge’s decision from a philosophical perspective. Material in the form of library data in the form of statutory regulations and scientific works related to the research theme. The results of the research show that there are several basic reasons for judges in deciding this case, such as political rights and the time for the general election which is getting closer. Apart from that, the decision of the Constitutional Court contains ethical issues in it, because in the formation process it was carried out by judges who had been legally declared to have committed ethical violations.
Transplantasi Regulatory Impact Assessment+: Reposisi Naskah Akademik dalam Pembentukan Undang-Undang Al Faruq, Muhammmad Hamzah; Era Ruhpinesthi, Garuda; Sekar Ismaya, Alfatania
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.175-198

Abstract

As far as the Law Number 13 of 2022 was issued, the Academic Draft making process still shows the minimum participation of affected communities. Neither the Law nor the Guidance of Academic Draft making process that was published by the House of Representatives Expertise Body have regulated consistent research method. This fact implies the quality of the current Academic Draft that has not yet accommodated Regulatory Impact Assessment methods such as determining alternative policy and impact analysis that would produce the best policy. This normative juridical research aimed to get a better understanding of: (i) The regulatory and practices problems of preparing Academic Draft related to the principle of transparency in the lawmaking and (ii) The mechanisms for repositioning Academic Draft related to the principle of transparency through the application of Regulatory Impact Assessment+. This research is normative legal research with secondary data. The results showed two things. First, in terms of regulation and practice, there is a problem that Academic Draft is still positioned as a justification for the Law and the reality of Academic Draft preparation related to the principle of transparency in the lawmaking is still weak based on the analysis of the role of the community in the dynamics of implementing research methods that are considered insignificant. Second, Academic Draft repositioning mechanism is needed through the application of Regulatory Impact Assessment+ with the following five things: i) repositioning the use of Regulatory Impact Assessment in the stages of lawmaking, ii) loading the inventory mechanism of affected communities, iii) containing detailed instructions for the implementation of Academic Draft preparation research carried out, iv) changing the Academic Draft structure through adjustments to Regulatory Impact Assessment+ to accommodate alternative policy mechanisms, to v) detailing procedures and aspects of consideration for implementing the Cost-benefit Analysis mechanism.
Evaluasi Kebijakan Penilaian TKDN dalam Skema Penghitungan Berbasis Pengembangan Inovasi pada Perangkat Telepon Seluler Marzuki, Al Araf Assadallah; Situmorang, Mosgan
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.159-174

Abstract

Article 35 of Minister of Industry Regulation No. 29 of 2017 states that besides manufacturing aspects, the calculation of Domestic Component Level (TKDN) for mobile devices may utilize an innovation-based calculation scheme. However, this policy is deemed biased as it only benefits large companies selling products without assembly in Indonesia, while their competitors have invested in local production infrastructure to fulfill TKDN obligations. This study aims to evaluate the TKDN Assessment Policy in the innovation-based calculation scheme. The research problem is whether this policy aligns with TKDN policies in Law No. 3 of 2014 concerning Industry. This research employs a normative legal approach, focusing on literature review and legislative analysis. Findings indicate that the TKDN regulation in the innovation-based calculation scheme provides flexibility for companies to meet TKDN standards more flexibly but also raises concerns about decreasing use of local components, contradicting the spirit of Law No. 3 of 2014, which promotes the use of domestic products to fulfill TKDN. Therefore, a thorough evaluation of the TKDN regulation in the innovation-based calculation scheme is needed to maintain the balance of the domestic industry.
Penataan Regulasi dalam Upaya Mendukung Restrukturisasi Badan Usaha Milik Negara Perkebunan Asnawi, Muhammad Iqbal; Tarigan, Vita Cita Emia; Perangin-angin, Christian Orchard; Sakti, M Permata; Lubis, Rommy Yudistira
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.107-120

Abstract

The formation of a holdingholding to restructure the state-owned plantation industry cannot be separated from the government’s ability to control the country’s economic engine. Government Regulations Number 72 of 2014 and Number 72 of 2016 which were passed as legalizing the formation of BUMN holdingholding s have sparked controversy and public debate. The fundamental issue of this procedure is the Parent Company’s legal obligation to manage the Parent Company. In the relationship between parent companies and subsidiaries, the concept of limited liability presents its own problems. In addition, there is uncertainty regarding legal obligations to third parties. The research methodology is normative law which is supported and obtained from literature data. The findings of this study indicate that the use of the BUMN Law and Limited Liability Company Law as guidelines for managing Plantation BUMNs does not provide the business confidence that Plantation BUMNs need to grow and stay healthy. Considering that the business world continues to develop and the high need for group company management among business actors who carry out business development and expansion, adjustments to these two regulations are very important. The modern business paradigm has resulted in the consolidation of centralized operations in a way that drives growth. As a result, the formation of a holding companyholding company by the government is inappropriate if it is not preceded by changes to the Limited Liability Company Law which provides business certainty for established Plantation BUMNs.
Perkembangan Pernyataan Kehendak dan Keabsahannya dalam Smart Contract Ariyanto, Ariyanto
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.199-214

Abstract

The development of Smart Contract in this regard can be attributed to the stability of Indonesian law, where methods for executing contracts have become increasingly sophisticated. With the rapid growth of technological developments that use Smart Contracts and the urgency of the extent to which the current laws in Indonesia can support their development, the question arises of how Smart Contract work? When does the meeting of minds occur in a Smart Contract? And, how is the fulfillment of the principle of consensualisme in Smart Contract viewed from the perspective of Article 1320 of the Civil Code? The research method in this study was carried out using a qualitative normative method .The results of this study show, Smart Contract works by running without a third party and written on the Blockchain. Second, there is a meeting of minds in the Smart Contract, where both parties who intend to bind themselves in the Smart Contract send their cryptographic encryption to commit to each other in the Smart Contract, as proof that both have mutually agreed. Third, the principle of consensualism in Smart Contract from the perspective of Article 1320 of the Civil Code shows that agreement is an essential foundation for the validity of an agreement, ensuring that each party involved has agreed to the existing provisions.

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