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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 8 Documents
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Search results for , issue "Vol 24, No 3 (2024): November Edition" : 8 Documents clear
Eksistensi Fiqih Wali Mujbir Syafi’i Ditinjau dari UU No.12 Tahun 2022 tentang Kejahatan Kekerasan Seksual Wafa, Zaein; Azmi, Miftahudin
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.279-294

Abstract

Forced marriage by guardians is recorded as a form of sexual violencein Indonesia. Government regulation Article 10 of Law No. 12 of 2022explains that forced marriage is divided into 3, namely child marriage, inthe name of culture, and rape victims. The background of this research isdue to the problem of the great authority held by the guardian of the mujbiras the guardian of the marriage of children or grandchildren. This greatauthority is in the form of forced marriage carried out by the guardian ofthe mujbir without the consent of the bride. The concept of the guardian ofthe mujbir is a concept contained in the views of the Imam Syafi’i schoolof thought, as one of the schools of thought widely used in Indonesia. Thepractice of the guardian of the mujbir in Indonesia certainly raises problemswhen associated with the provisions of Article 10 of Law Number 12 of2022, which states that forced marriage is a criminal act of sexual violence.So there are two legal problems. First, is it possible for the view of theImam Syafi’i school of thought on wali mujbir to be applied in Indonesiasecond, how is the legitimacy of the authority to force marriage held by thewali mujbir reviewed from the objectives of Islamic law maqashid shariaBy using the normative legal research method with a conceptual approachand literature study method, the results obtained are that the concept ofwali mujbir is contrary to Law Number 12 of 2022 because it causes forcedmarriage which is a criminal act of sexual violence so that the view onthe concept of wali mujbir cannot be implemented in Indonesia. Viewedfrom the perspective of its benefits, the concept of wali mujbir is not morebeneficial. It causes more forced marriage practices and does not protectwomen and their rights.
Keamanan Investasi Online: Evaluasi Regulasi Perlindungan Investor dalam Konteks Robot Trading di Indonesia Rizzal, Muhammad Saeful; Rustan, Ahmad; Ichlas, Rudy Iskandar
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.295-306

Abstract

Investment has become a new lifestyle for some people, as investment promotions typically entice potential investors with promising returns. In Indonesia, investments are broadly categorized into tangible and financial investments. This study aims to review the licensing system and protection for victims of online robot trading investments in Indonesia, focusing on safeguarding the public as investors. This research aims to provide knowledge so that the public can differentiate between legal and illegal investments, thus encouraging more cautious investment decisions. The method employed in this study is a normative juridical approach involving an analysis of existing laws and regulations, including the Consumer Protection Law, Capital Market Law, and regulations issued by the Financial Services Authority (OJK). A qualitative analysis of the collected data was conducted to assess the extent to which current regulations can protect the public from potential losses arising from investments in robot trading. The research findings indicate that the protection of victims in online robot trading investments in Indonesia needs to be strengthened and adapted to technological and market developments. Stricter and more specific regulations governing the operations of robot trading platforms are necessary. It is advisable for the public to exercise caution when engaging in online investments to avoid becoming victims.
Sinkronisasi Regulasi Green Bond Sebagai Pembiayaan untuk Konversi Baterai Kendaraan Listrik di Indonesia Endarto, Budi
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.215-228

Abstract

Transportation is still the largest emission-contributing sector in Indonesia. However, the Government has set an aggressive electrification target in the transportation sector if it needs to be balanced with a financing scheme for energy conversion towards battery electric vehicles (BEV). For this reason, BEV conversion industry players should utilize green bond financing schemes. The main issue lies in the need for more alignment between EV conversion industry regulations and financing models for the sector. However, the Government needs to harmonize rules and coordination among sectoral institutions such as the OJK, Ministry of Finance, Ministry of Industry, and Ministry of Transportation. Especially concerning Regulation Number 39 of 2023 regarding the Conversion of Fuel-Powered Motorcycles into Battery-Based Electric Motorcycles, and Minister of Transportation Regulation Number 15 of 2022 regarding Motor Vehicle Conversion to formulate green bonds as an alternative financing option for BEV programs. The method used in this writing is normative legal research of the exploratory type with a statutory and conceptual approach. The result shows that through the synchronization model of green bond financing regulations with the battery electric vehicle conversion regulation and coordination between sectoral institutions, it is expected to accelerate the commitment to realize net zero emission and as an effort to mitigate the energy crisis and reduce fuel energy subsidies in Indonesia.
Analisis Perbandingan Pendekatan Pengelolaan Lahan untuk Pembangunan Publik di Tanah Adat: Penekanan Bank Tanah Koperasi (BTK) dalam Studi Kasus Minangkabau Mahargita, Refina; Perdana, Ahmad Baikuni; Syaifullah, Muhammad Yusuf
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.307-320

Abstract

Customary land, known as tanah ulayat in Indonesia, holds a unique status that differentiates it from other land types, particularly when used for public purposes. Government land acquisition practices risk eroding this status, potentially affecting Indigenous social groups. Cooperation between the government and indigenous communities, through regional governments and other institutions, is recommended as an alternative approach to land acquisition. This research examines various land management tools, focusing on customary land in Minangkabau for public and development purposes. Using a juridical-normative method linked to legal products and content analysis of previous studies, the research identifies three key variables related to customary land: control, utilization, and legality. These variables are analyzed within the context of public interest and research limitations. Three land provision schemes are explored: Land Provision, Cooperative Land Banking (CLB), and Land Commercialization. Each scheme has distinct impacts on land ownership, legality, and the collective well-being of indigenous communities. While Land Provision offers immediate compensation but forfeits land control, CLB and Land Commercialization allow indigenous groups to retain land ownership, with CLB being the preferred option due to its promotion of sustainable land use and active community involvement. The study concludes that CLB is the most viable approach for ensuring long-term economic benefits and land control for Indigenous communities. However, it requires government support regarding legal adjustments and frameworks for cooperation.
Dekonstruksi Hukum Social Commerce Indonesia : Perspektif Demokrasi Ekonomi di Era Digitalisasi Supriyadi, Aditya Prastian
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.229-246

Abstract

Social commerce (S-Commerce) comes from the disruption of business digitalizationthat explores social media. When s-commerce was developing, Indonesia bannedthe platform because it was considered to kill local businesses and capitalize onthe market. The decision can potentially contradict economic democracy in oneof the provisions of Article 33, paragraph (4) of the 1945 Constitution, whichopens up technological space for developing the national economy. The purposeof writing this article is to deconstruct economic democracy on commercial lawon social media as a Government policy that prohibits S-Commerce. The writingarticle uses normative legal research methods with statutory, legal comparison, andconceptual approaches. There are two research results in this article. First, at a timewhen significant nations are embracing technology at a rapid pace to boost theirbusinesses, the government’s decision to outlaw s-commerce has negatively impactedthe nation. Based on the doctrine of digitalization, economic law is not appropriate ifit has to ban S-Commerce. The business paradigm of the contemporary era must beintegrated with technology to compete with the development of the digital economy inthe global realm. Second, based on economic democracy in Article 33, paragraph (4)of the 1945 Constitution, S-Commerce manifests a national economy balanced withtechnological progress by the constitution’s mandate. S-Commerce law provisionsneed to be deconstructed using the principles of economic democracy. So, reasonablelegislative parameters may promote the growth of the digital economy while notjeopardizing the local economy.
Pembangunan Hukum Nasional dalam Perspektif Teori dan Filsafat Hukum Mandala, Subianta
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.321-334

Abstract

This paper discusses some strategic issues about national legal development, which is viewed in the light of legal theory and philosophy. The need to replace the laws of the colonial regime has been discussed for quite some time, and in fact, since Indonesia declared its independence. However, the process of replacing the Dutch laws and developing its own national law is quite slow. There are some strategies issues discussed in this writing, namely, among others: what is the legal politics/policy of the issue of legal unification and legal pluralism in Indonesia, what is the legal approach about the development of unwritten and written laws, what is the legal policy to address the issue of adat law as one of the material legal sources for the future Indonesian laws, and how jurisprudence (court decisions) may be used to develop Indonesian national legal system. With those backgrounds, the formulation of the problems is as follows: how can legal theory and philosophy be used as theoretical and philosophical argumentation to address some strategic issues of Indonesian legal development as mentioned above, and what is the legal politics/policy for the development of national legal system of Indonesia, in particular, of those strategic legal issues. The method used in this research paper is normative juridical or library research with a descriptive-qualitative analytical approach. The result of the research shows that, as of today, there are no official documents or any existing laws that comprehensively give direction to the legal politics/policy on the strategic issues of Indonesian legal development. In general, the discussion on the issues of national legal development is limited among legal experts and academicians, and the debate on contentious issues has fundamental arguments based on legal theory/philosophy. So far, legal positivism has a a significant influence on the way we respond to those strategic issues. However, there has been an interesting development recently. We can gradually see a paradigm shifting from legal positivistic to a more sociological, human and ethical approach.
Penggunaan Kecerdasan Buatan (Artificial Intelligence) sebagai Bahan Pertimbangan Putusan Hakim dalam Sistem Peradilan Pidana di Indonesia Fatoni, Syamsul; Rusdiana, Erma
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.247-264

Abstract

This study evaluates the integration of artificial intelligence in the judicial processes, focusing on how technology can promote fairness in the Indonesian Criminal Justice system, where there are no specific guidelines for using AI in legal proceedings. The research follows a normative legal approach, analyzing laws and court cases and comparative methods using various legal sources and qualitative analysis methods. The findings reveal that incorporating AI in the judge's decision-making process aids in assessing information and data, facilitating optimal, effective, and efficient decision-making.  On the other hand, incorporating AI into the decision-making process of judges within the Criminal Justice System implies that judges act as a smaller version of the system itself, considering various factors such as examination records, charges, and real-life circumstances impacted by social, cultural, and economic elements. Ultimately, integrating AI into the evidential process for judicial decision-making aims to align the criminal justice system with factual situations and the goals of punishment. It is recommended that the use of AI in legal proceedings should not only focus on algorithm-based legal aspects but also take into account non-legal aspects such as humanitarian, social, and economic conditions that contribute to criminal activities. This holistic approach is crucial for ensuring alignment in the Criminal Justice System to uphold legal, moral, and societal justice.  The role of the Supreme Court is no exception in providing guidance and supervision of Judges regarding the use of technology, including legal legalization, while still paying attention to law, ethics, social values , and just legal principles.
Promosi Ikatan Sosial Berkelanjutan berdasarkan Perspektif Konstitusi Indonesia Indriastuty, Dwi Elok; Fithri, Nur Hidayatul
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.265-278

Abstract

Social bonds are one of the types of bonds based on available themes regulated in POJK No 18 of 2023. The drafting of POJK 18/2023 did not consider regulations from either a theoretical or constitutional perspective, which should be the main consideration for any legislative regulation. This article is the result of research aimed at finding arguments and constitutional rationality related to the regulation of social bonds, sustainable bonds, and sustainability-related bonds. As a result, research on the constitutional analysis of Indonesia's social securities regulation becomes highly important, considering that the constitution serves as the source of legitimacy or the foundation of `authorization for laws and regulations beneath it. According to universal legal principles, laws and regulations that are subordinate to the constitution must not contradict higher laws This is where the concept of legal hierarchy and regulations becomes necessary, so that regulations do not conflict with those above them in the hierarchy, including the highest point, which is the constitution. The research method used in this study is normative exploratory legal research with a constitutional approach and a conceptual approach. It is clear that this article will closely examine several areas of social bond regulation from the perspective of the Indonesian Constitution .The research findings reveal juridical arguments and rationality that, as a welfare-oriented state in its constitution and born from its collectivist cultural background, social bond regulation aligns with the principles of the constitution applicable in Indonesia.

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