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[Export Restrictions of Indonesian Nickel Ore Based on the Perspective of Quantitative Restriction Principles in General Agreement on Tariffs and Trade ]]>
<![CDATA[Doan Mauli Tua Siahaan]]>;
<![CDATA[Ibrahim Sagio]]>;
<![CDATA[Evi Purwanti]]>
<![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.V21.409-418
<![CDATA[This study aims to determine whether Indonesia’s nickel ore export restriction policy is in accordance with the principles of international economic law. It is because Indonesia’s actions in implementing quantitative restrictions on the export of nickel ore are deemed to have violated one of the principles in the General Agreement on Tariffs and Trade, namely the principle of prohibiting quantitative restrictions. This principle is contained in Article XI: 1 GATT. Data was collected through library research techniques. Namely by collecting and analyzing writings and literatures that are closely related to the problems that are being researched by the author, and analyzing data with descriptive analytical techniques, so that Indonesia can analyze their export restriction policies with juridical provisions in international trade law. The results shows that Indonesia’s action is in accordance with Article XI: 2 (a), which regulates the exception to Article XI: 1, with certain conditions which is a dispensation from the principle of quantitative restriction. Indonesia’s nickel ore export restrictions were also implemented to protect the environment in order to prevent scarcity and to encourage the battery industry in Indonesia to improve the economy. So that Indonesian policy is valid and can be justified by international law.]]>
<![CDATA[Legal Urgency on Designing The Legislation for The Use of Artificial Intelligence in Indonesian Medical Practice ]]>
<![CDATA[Hary Abdul Hakim]]>;
<![CDATA[Chrisna Bagus Edhita Praja]]>;
<![CDATA[Hardianto Djanggih]]>
<![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.V21.541-550
<![CDATA[Artificial intelligence (AI) offers the potential for a great improvement in patient care, both in diagnose and disease treatment, and a consequential reduction in healthcare costs, a part of opportunities and challenge are ahead. The use of AI in medicine was significantly developed in some countries. Indonesia as a modern country also has a great change in promoting the use of AI. The study aims to propose on designing the legislation for the use of AI in Indonesian medical practices. The method used in this research is normative juridical approaches with descriptive analysis. The data used are primary legal material namely the Indonesian Penal Code and Law No. 36 of 2009 on Health Law. Meanwhile, the secondary legal material used are books, journals, and other legal documents. The results show that designing the new legislation as the guidance and basis for the use of AI shall give a good impact on the development of health services as practices among other countries. Moreover, Health Act 2009 clearly supported the use of advance technology’s product in medicine. Yet, the application of AI facilitates interpretation follows with high accuracy and speed for medical diagnoses.]]>
<![CDATA[Hegemoni Melalui Regulasi Virus Sharing Internasional: Studi Kasus Virus Flu Burung A (H5N1) Indonesia ]]>
<![CDATA[Sarah Sarah]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 19, No 3 (2019): Edisi September ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.30641/dejure.2019.V19.361-383
<![CDATA[Indonesia merupakan negara dengan tingkat biodiversitas yang tinggi akan keanekaragaman flora dan fauna, serta penyakitnya. Virus Flu Burung A (H5N1) yang terjadi di Indonesia merupakan kasus penyakit yang menarik untuk dikaji. Di dalamnya terdapat pelanggaran-pelanggaran yang dilakukan oleh aktor internasional terhadap regulasi yang berkaitan dengan access and benefit sharing. Masalah semakin diperparah dengan ditemukannya sampel virus yang dikirim Indonesia ternyata berada di tangan Amerika Serikat melalui Laboratorium Los Alamos. Oleh karena itulah, adanya dugaan bahwa kasus Virus H5N1 yang terjadi di Indonesia merupakan salah satu bentuk hegemoni melalui regulasi yang tercipta, yaitu Convention on Biological Diversity dan Undang-Undang Nomor 13 Tahun 2016 tentang Paten. Penelitian ini menggunakan metode kualitatif dan dianalisis dengan dua macam teori yakni hegemoni dan rezim internasional. Hasil penelitian ini akan menjelaskan bagaimana sebuah rezim internasional bisa mencerminkan hegemoni negara maju. Penelitian ini juga memaparkan beberapa penyebab bagaimana hegemoni bisa sampai menduduki Indonesia saat kasus Virus H5N1 terjadi di Indonesia.]]>
<![CDATA[Penerapan Ekolabel Dalam Produk-Produk Hutan Sebagai Upaya Lingkunan Hidup ]]>
<![CDATA[Syprianus Aristeus]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 19, No 4 (2019): Edisi Desember ]]>
Publisher : <![CDATA[Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia ]]>
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DOI: 10.30641/dejure.2019.V19.421-434
<![CDATA[Meningkatkan daya saing sebuah produk melalui peningkatan sistem manajemen mutu menjadi salah satu kunci utama keberhasilan memenangi kompetisi perdagangan di pasar global. Tatkala liberalisasi perdagangan tak terhindarkan sejalan dengan era kesejagatan, maka kunci memenangi kompetisi global terletak pada keunggulan daya saing dan manejemen mutu setiap komoditas produk. Lebih dari itu, penerapan sistem manajemen mutu sesuai standar Internasional juga akan memberikan lebih banyak manfaat dan keuntungan. Selain penetrasi dan perluasan pasar, penerapan sistem manajemen mutu juga akan meningkatkan kepercayaan mitra sekaligus mendongkrak citra produk di mata konsumen. Formula baku yang kini diyakini sepenuhnya telah menjelma menjadi sebuah keniscayaan. Rumusan masalah dalam karya tulis ini yaitu, apa yang harus dilaksanakan oleh Pemerintah atau produsen produk kehutanan Indonesia untuk memperoleh sertifikat eco- label? Penelitian ini merupakan suatu penelitian yuridis normative, maka penelitian ini berbasis pada analisis terhadap norma hukum, baik hukum dalam arti law as it is written in the books and statutes (dalam literatur dan peraturan-perundang-undangan. Perlunya organisasi lingkungan hidup dunia terkait dengan tata kelola lingkungan hidup internasional yang memerlukan koordinasi yang lebih baik.]]>
<![CDATA[Discontinuation of Corruption Investigation and Prosecution: A Comparison of Indonesia, The Netherlands, and Hong Kong ]]>
<![CDATA[Ahwan Ahwan]]>;
<![CDATA[Topo Santoso]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March 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.V22.1-16
<![CDATA[The discontinuation of the investigation and prosecution of corruption crimes is one of the important substances of the amendment to Law No. 19 of 2019 concerning the Corruption Eradication Commission which then led to debates both among academicians and legal practitioners. The discourse focused on the essence and concerns of transactional practices in the process of law enforcement for corruption crimes in the future. By using the legal comparative method, this paper tries to compare the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in Indonesia, Hong Kong, and the Netherlands. The results of the study show that the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in the three countries have differences in their arrangements. Normatively, Indonesia and the Netherlands regulate this matter in several articles, while for Hong Kong, although they do not regulate it in an expressis verbis manner in the law, the provisions concerning the discontinuation of investigations and prosecutions of corruption crimes are known in their law enforcement practices as seen in the case handling scheme published by the Independent Commission Against Corruption (ICAC). However, the use of the mechanism for terminating the investigation and prosecution of corruption crimes can be seen as a balancing mechanism against the legal process. Regulations regarding the discontinuation of investigations in corruption crimes must be maintained as a control mechanism against the possibility of errors in law enforcement procedures or for other technical reasons.]]>
<![CDATA[Urgency of The Position of District Election Supervisory Body in The Resolution of Disputes Between Participants in The Regional Head Election in Indonesia ]]>
<![CDATA[Muhammad Yusrizal Adi Syaputra]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March 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.V22.121-134
<![CDATA[The ad hoc position of the District Election supervisory body will have an impact on actions to carry out the functions and duties of the District Election supervisory body during the election of regional heads. This study aims to determine the urgency of the position of the District Election supervisory body in the formation of effective supervision in the Pilkada and to find out the Mechanism of Dispute Resolution between Election Participants by the District Election supervisory body in the election of regional heads. This study uses a normative juridical research method, with secondary data and a conceptual approach. The data were analyzed qualitatively. The result of the first study is that the decision of the Election supervisory body an ad hoc institution is binding but still limited and not final because the aggrieved party can file a lawsuit to the State Administrative High Court. The mechanism for resolving disputes between participants in the Pilkada organizers by the District Election supervisory body is regulated technically through Election supervisory body Number 2 of 2020. Disputes between participants are carried out on the principle of the quick and simple, same-day to achieve legal certainty and benefit in regional head elections.]]>
<![CDATA[Analysis to The Policy of Delaying The Execution of Those Sentenced to Death is a Violation of Human Rights ]]>
<![CDATA[Muhaimin Muhaimin]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March 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.V22.105-120
<![CDATA[Human rights are basic rights of the human being that exist and are a gift of Almighty God. Human rights are also natural rights that therefore cannot be revoked by other human beings. Indonesia is one of the countries that still apply the death penalty in its positive law where the unlawful acts are considered an extraordinary crime that endangers the lives of the nation and the State. The discourse of Indonesia as a country that has the philosophy of Pancasila until now can cause pro and con problems, because there are still many among legal experts and human rights activists as well as the public who question it because of differences and views, among others. The statement of the problem in this scientific paper is “How is the policy related to the death penalty in human rights seen from the current positive legal regulations?” The method used in this study is a normative juridical method. Seeing so many convicts with sentenced to death who have not been executed, it can be said that the State has committed human rights crimes (against convicts with sentenced to death), because they have served the sentence for the 2nd (second) time, namely the Imprisonment and Death Penalty. The implementation of Restorative Justice is possible to be executed as a legal breakthrough, where it becomes a solution to avoid human rights violations that can occur within the time of the delay of the death penalty. The National Commission for Human Rights (the Komnas HAM) as a representative of the Government is expected to be more aggressive in protection efforts.]]>
<![CDATA[The Power of Pacta Sunt Servanda Principle in Arbitration Agreement ]]>
<![CDATA[Mosgan Situmorang]]>
<![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.V21.447-458
<![CDATA[Pacta sunt servanda is a legal principle that applies universally. With this principle, everyone is expected to carry out an agreement made with other parties voluntarily. To enforce the principle by the court in case of dispute in the implementation of the agreement, it requires conditions that must be met. In the context of an arbitration agreement, it must also meet specific rules stipulated in the Arbitration Law. In practice, there is still disobedience to this principle where the parties who have been bound by an arbitration agreement are still taking the litigation in solving their case. In this research, the problems examined are how the principle of pacta sunt servanda is regulated in the arbitration law and how strong this principle is applied. The method used in this research is normative juridical. Based on the research, it is concluded that the implementation of the pacta sunt servanda principle is regulated in several articles of the Arbitration Law. The pacta sunt servanda principle is not valid absolutely because it is deviated by other laws or legal principles. It is recommended that parties in an agreement shall understand the choice of dispute settlement well including the consequences of such choice.]]>
<![CDATA[The Legal Position of Sumang Child According to Customary Law in Kopong Village of East Nusa Tenggara ]]>
<![CDATA[Evi Djuniarti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 1 (2022): March 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.V22.135-144
<![CDATA[The existence of Sumang Child for the people of Kopong Village, Sikka Regency, East Nusa Tenggara is a “disgrace” for his extended family, so based on local customs, the parents as well as the child must be expelled from the village, after going through the customary procession. Children born from unexpected relationships do not have rights either from the family of the 2 (two) parents or based on the provisions of national and international law. The formulation of the problem in the writing of this paper is “How is the Position of Sumang Child seen from Customary Law and State Law? This research is secondary data obtained through literature studies in the form of laws and descriptive analysis. Custom is a very sacred ritual for the people of Kopong village, Sikka Regency, East Nusa Tenggara, especially regarding ceremonies for the existence of Sumang Child and the parents that cannot be delayed or avoided. When viewed from the existence of the Child Protection Law and other regulations, this does not occur in the protection of the child and his parents.]]>
<![CDATA[The Prospect of the Existence of National Criminal Code in a Democratic State in Indonesia during the Covid-19 Pandemic ]]>
<![CDATA[Suharyo Suharyo]]>
<![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.V21.285-298
<![CDATA[The Dutch colonial product Criminal Code which has been translated into various versions remains valid in Indonesia, because the plenary session of the House of Representatives of RI for the 2014 – 2019 period which was attended by government elements to ratify Draft Criminal Code to become the National Criminal Code was postponed due to refusal from students and civil society movements. The Covid-19 pandemic as a health and humanitarian disaster that destroyed almost all aspects of human life, throughout the world including in Indonesia with various long-lasting negative impacts, in 2020 until now has thwarted legal development including realizing the National Criminal Code. This research was conducted in a sociological juridical manner, with the issue of whether the Draft Criminal Code would be re-discussed in several articles, and then ratified by the House of Representatives of RI. How to respond to the social action reactions of a group of people who are expected to persist, even though the Draft Criminal Code is re-discussed on a limited basis, and is expected to hold demonstrations and rallies, as well as what are the prospect of the existence of the National Criminal Code in the Covid-19 pandemic era. The government continues to receive and select input or suggestions from various community groups regarding crucial issues. What is certain is that if there is a rejection of the Draft Criminal Code to be ratified, it must be returned to the constitution in force in the Unitary State of the Republic of Indonesia, namely through a judicial review lawsuit at the Constitutional Court of the Republic of Indonesia.]]>
