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.
Articles
327 Documents
<![CDATA[Transplantation, Legal Adoption, Harmonization of OMNIBUS LAW and Investment Law ]]>
<![CDATA[Syprianus Aristeus]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 4 (2021): 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.2021.V21.507-516
<![CDATA[The best way in an effort to manage investment is by transplanting, adopting laws, harmonization by making breakthroughs to existing regulations, such as in the case of implementing the Job Creation Law. The Omnibus Law offered by the government as a “practical and pragmatic” solution is a political and legal policy to cut various regulatory barriers, to simplify bureaucracy, to accelerate services, to increase efficiency, to increase competitiveness, and to prevent opportunities for corrupt behavior. The government must evaluate this law (Job Creation) where there is still overlap without regard to regulations. The statement of the problem in this scientific paper is why there is a conflict of interest and regulations that are not in accordance with the laws and regulations? As normative juridical research, this research is based on an analysis of legal norms. The Omnibus Law is a political product. In the process of its discussion, the law resulted from a political process. The government must evaluate this law (Job Creation) where in the process of making it there is still overlap without regard to regulations.]]>
<![CDATA[The Use of Necessitas Non Habet Legem and Wederspanningheid in Law Enforcement for Covid-19 Vaccination in Indonesia ]]>
<![CDATA[Moch. Marsa Taufiqurrohman]]>;
<![CDATA[Muhammad Toriq Fahri]]>;
<![CDATA[Robi Kurnia Wijaya]]>;
<![CDATA[I Gede Putu Wiranata]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 4 (2021): 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.2021.V21.473-488
<![CDATA[The majority of scientific research in the world agrees that vaccination is a vital instrument that aims to solve the problem of the Covid-19 pandemic. In achieving this goal, the government is trying to ensure that vaccinations run as they should. Even though it is regulated in laws and regulations, the enforcement of vaccination law is not easy to implement. This article aims to examine the formulation of the legal basis that can ensure effective enforcement of vaccination law in Indonesia. By using normative legal research, this study aims to answer several problems. First, is vaccination a right or obligation for every citizen? Second, what are the legal bases that can be used to enforce the vaccination law in Indonesia? Third, what is the state’s responsibility for adverse events following vaccination in return for the vaccination obligation? This article provides a view that the principle of emergency reason does not know the law (necessitas non habet legem) can be an indicator of a shift in vaccination status which was originally only a right to become obligation. In addition, the wederspanningheid article in the Criminal Code (KUHP) regarding resistance to officers carrying out state obligations can be the legal basis for enforcing vaccination law. Furthermore, the enforcement of vaccination law must also go hand in hand with the state’s responsibility for adverse events following vaccination. Responsibilities can be in the form of vaccine testing, treatment, care, and court lawsuits if there is a default or unlawful act.]]>
<![CDATA[The Optimization of the Role of Correctional Centers in the Indonesian Criminal Justice System ]]>
<![CDATA[Muhammad Arif Agus]]>;
<![CDATA[Ari Susanto]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 3 (2021): 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.2021.V21.369-384
<![CDATA[The purpose of this research is to examine and analyze (1) the role of Correctional Centers in the Criminal Justice System in Indonesia; and (2) the Optimization of the Role of Correctional Centers in the Criminal Justice System in Indonesia. The research method used is a normative juridical approach. The results of the research concluded; (1) Correctional Centers in the juvenile criminal justice system and in the adult criminal justice system both have a role, but the role of Correctional Centers in the adult criminal justice system has not been optimized as in the juvenile criminal justice system, and it tends to be discriminatory. (2) The optimization of the role of Correctional Centers in the Criminal Justice System in Indonesia needs to be carried out, because by optimizing the role of Correctional Centers, especially Correctional Research on adult cases, it will eliminate discrimination in treatment between children and adults and Correctional Research can be used as a reference for law enforcers. As a recommendation, it is suggested that in the Criminal Law Reform in Indonesia, both related to the renewal of the Criminal Procedure Law Code (KUHAP); the Criminal Code (KUHP); as well as the Corrections Law, the discrimination in making Correctional Research on juvenile cases and adult cases should be abolished, because it has no value of justice. The equalization of treatment related to Correctional Research will optimize the role of Correctional Research and also other law enforcers in achieving the value of justice in Indonesia.]]>
<![CDATA[The Application of Group Social Guidance in the Development of Drug Convicts in Correctional Institutions ]]>
<![CDATA[Ulang Mangun Sosiawan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 3 (2021): 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.2021.V21.345-368
<![CDATA[Group social guidance is a method of social work that aims to help individuals to improve their social functions through certain experiences within the group so that they are able to overcome the problems they face, whether problems involving themselves, their group and society. In providing guidance for drug convicts, group social guidance tends to be more effective than individual social guidance. The forms of group social guidance carried out in correctional institutions include general education, skills education, mental spiritual development, socio-cultural and work activities. The problems that were studied are how to apply group social guidance for drug convicts, what the benefits of the guidance are and whether there are obstacles it faces. The method used is empirical normative method. The results of the study concluded that (1) Group social guidance for drug convicts is carried out in collaboration with the Wahana Bhakti Sejahtera Foundation which specifically handles drug convicts and it has been running properly, implemented through spiritual group activities, sports, arts, legal awareness and work guidance. (2) Group social guidance activities show good results, as can be seen from the positive self-changes in drug convicts. (3) The obstacles are the limited infrastructure for development, drug convicts’ laziness in following guidance, the lack of application of values and the lack of active participation of the officers as social workers in conducting guidance. It is recommended to add facilities and infrastructure for medical therapy and social rehabilitation for convicts who are ex-drug users.]]>
<![CDATA[Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian ]]>
<![CDATA[Jeremy Emmanuel Purba]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 4 (2021): 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.2021.V21.517-524
<![CDATA[The Supreme Court’s decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge’s interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.]]>
<![CDATA[Problems of Harmonization on The Post-Establishment of Omnibus Law on Job Creation ]]>
<![CDATA[Henry Lbn Toruan Donald]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 4 (2021): 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.2021.V21.459-472
<![CDATA[The government has issued Law Number 11 Year 2020 concerning Job Creation (UUCK) on November 2, 2020. Through this law, around 1,200 articles in eighty laws are simplified into one law that regulates the provisions of the replaced laws. The model of simplifying regulations by combining various laws into a law is called the Omnibus Law. The establishment of the UUCK was a form of simplification of regulations related to the job creation process. The statement of the problem of this research is how to harmonize subordinate regulations into law, which was previously an implementing regulation from a law into a law. The research method used is normative juridical which is descriptive analysis. Law No. 12 Year 2011 as amended by Law No. 15 Year 2019 concerning the Establishment of Laws and Regulations states that harmonization was still in the draft stage. Therefore, no provisions govern the harmonization of regulations in force. If there are overlapped regulations both vertically and horizontally under the law, the settlement mechanism is done through the judiciary, namely the Supreme Court. This research concludes that the settlement of the disharmony regulation is resolved through executive review or analysis and evaluation.]]>
<![CDATA[The Problems of Implementation of Financial Services Authority Regulation No. 11/POJK.03/2020 in Relation to Legal Awareness and Legal Compliance of Bank Mandiri MSME Debtors ]]>
<![CDATA[Mompang Panggabean]]>;
<![CDATA[Benny Hutahayan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 3 (2021): 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.2021.V21.385-396
<![CDATA[The spread of Corona Virus Disease 2019 has disrupted the economy so that it has an impact on increased bank credit risk due to decreased performance and capacity of debtors in fulfilling credit or financing payment obligations. The Financial Services Authority (FSA) issued FSA Regulation No. 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy for the Impact of COVID-19 so that the pandemic does not have an impact on the domestic economy, including MSMEs. The goal is to provide credit relaxation for customers affected by Covid-19. This research aims to examine the effect of Legal Substance and Legal Awareness on the legal compliance of MSMEs as customers of Bank Mandiri. This research used a questionnaire as the research instrument. The questionnaire was used to measure the variables of Legal Substance, Legal Awareness and Legal Compliance. The data analysis used is the SEM GSCA approach using the GeSCA application. The results of the analysis showed that legal substance and legal awareness have a significant effect on legal compliance. The legal analysis of the substance of FSA Regulation Number 11/POJK.03/2020 in Indonesia for Bank Mandiri MSME debtors is the originality of this research.]]>
<![CDATA[The Criminal Liability of Corporations as Crime Perpetrators ]]>
<![CDATA[Evi Djuniarti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 3 (2021): 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.2021.V21.311-320
<![CDATA[In terms of handling corporate crimes that culminate in "sentencing" or "giving punishment", corruption is referred to as a crime that has caused damage to life. However, this is not mentioned much in criminal law studies. In addition to sentencing, corporations that committed corruption must also return corporate assets to the state. This needs to be considered according to the philosophy of nature aequum est neminem cum alterius detrimento et injuria fieri locupletiorem. This philosophy means that no one can enrich themselves at the expense and suffering of others. This philosophy changes the source of this doctrinal principle, namely crime does not pay or crime shall not pay into an expression of resistance to crime perpetrators so that they cannot enjoy the results of the crime they committed. The statement of the problem in this paper is how is the philosophy of sentencing corporations that are perpetrators of corruption? This research used secondary data through literature study in the form of laws and descriptive analysis. The imposition of a criminal fine creates implications and juridical problems for corporations that committed corruption. The recommendation of this paper is to build an ideal model of sentencing corporation based on justice.]]>
<![CDATA[Legal Protection for Minors as Victims of Sexual Harassment in Indonesia ]]>
<![CDATA[Fuzi Narin Drani]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 4 (2021): 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.2021.V21.525-540
<![CDATA[The news in the mass media regarding sexual harassment against children are increasing day by day so that it is troubling not only families, but also the community. Children are soulmates, family assets, images and reflections of the future that we must take care of well. The implementation of legal protection for child sexual harassment victims in Indonesia has not been fully maximized. This research aims to find out the forms of legal protection for child victims of crime in accordance with the provisions of the laws in force in Indonesia.]]>
<![CDATA[The Legal Status of Mut’ah Marriage in Indonesia ]]>
<![CDATA[Mimin mintarsih]]>;
<![CDATA[Lukman Mahdami]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21, No 3 (2021): 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.2021.V21.397-408
<![CDATA[Mut'ah marriages with contract marriages bring a dilemma to society. The society views that this is halal (lawful) and legal, but in essence it does not carry out rights and obligations. The problem of this paper is how do civil cases (of mut'ah marriage) get legal certainty so that the logic of "urgent" becomes a status that can protect the rights and dignity of married couples in Indonesia? The purpose of this paper is to analyze the status of mut'ah marriage law so that it does not become a political contribution in Indonesia. The research method used is normative juridical. The result of this research is that in relation to the basis for practice of mut'ah which is considered an emergency, it is clearly contrary to Islamic law because the real aim and purpose of marriage are permanent. Mut'ah actually destroys human civilization and ethics or implies bad faith. The harm will befall the offspring. Children who are born have no legal certainty because they are considered children born of adultery. This research concludes that mut'ah is contrary to the basic provisions of the Material Law of the Religious Courts on Marriage which strictly prohibits mut'ah marriages (Article 2 paragraph 2 of Law No. 1 Year 1974 concerning marriage), the criminal sanctions are regulated in the Draft Law on the Religious Courts of Marriage Article 39 because it is not recorded and Article 144 concerning sanctions against the perpetrator, and the marriage is null and void by law.]]>
