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[Legal Protection of Kid Influencers from Child Exploitation ]]>
<![CDATA[Jody Imam Rafsanjani]]>
<![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.V22.93-104
<![CDATA[Advances in information technology and improvements to internet network infrastructure make it easier for everyone to work and obtain information. There has been an adaptation of marketing techniques using influencer marketing, so the influencer profession is known. Unfortunately, to get marketing targets aimed at children, kid influencer services are a form of influencer marketing. Children are considered unable to make decisions about themselves. The roles of various parties are needed so that kid influencers can avoid acts of exploitation because the use or direction of children’s energy as kid influencers sacrifices children’s development both emotionally and physically. This article is to find out the fulfillment of children’s rights so that they can live, grow, develop, and participate optimally by human dignity and protection from violence and discrimination. This article uses a normative juridical approach, analyzed qualitatively. Based on literature study regarding legal protection, Indonesia ratified the United Nations Convention on the Rights of the Child with the Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child; Amendment to the 1945 Constitution by including Article 28B Paragraph (2); and Law Number 23 of 2002 concerning Child Protection. It is hoped that all related parties will prioritize programs that protect children from exploitation in the implementation of all Child Protection instruments.]]>
<![CDATA[Food Service for Convicts in Correctional Institutions According to Laws and Regulations and Islamic Sharia ]]>
<![CDATA[Ahyar Ahyar]]>
<![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.V21.435-446
<![CDATA[The rights of convicts as Indonesian citizens who lost their independence due to criminal acts must be carried out in accordance with human rights. One of them is the right to obtain adequate food and beverage services that meet nutritional and health standards in accordance with the provisions of laws and regulations. In addition, Islamic sharia (law) also regulates the rights of convicts to get good and halal food and drink. This requirement is an order from the Al-Quran and Hadith. The problem of this research is how to organize food according to the provisions of laws and regulations and the provisions of Islamic law. This research used sociological research method. According to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials. The secondary legal materials in this research consist of books, scientific journals, papers and scientific articles that can provide explanations of the primary legal materials. The results of the research found that in practice it was still found in Correctional Institutions that the rights of convicts had not been given in accordance with their rights as citizens. This is caused by several factors, including the lack of understanding of the regulations regarding the rights of convicts contained in the Law and sharia law by correctional Institution officers or even by the convicts themselves. Correctional officers need to be given dissemination regarding their obligation to provide food for convicts in accordance with laws and regulations.]]>
<![CDATA[The Rights to Review Policy Rules in the Perspective of Rule of Law ]]>
<![CDATA[Ida Hanifah]]>;
<![CDATA[Andryan Andryan]]>
<![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.V21.321-330
<![CDATA[The State of Indonesia is a country based on law, this is as confirmed in Article 1 paragraph (3) of the 1945 Constitution, the State of Indonesia is a rule of law. Policy rules only function as part of the operational implementation of government tasks. This research used normative juridical research method, namely research in which the study refers to and bases on legal norms and rules. The statutory approach was used to look at the issue of the right to review policy rules. The conceptual approach was used to look at the conception of reviewing policy rules in the concept of rule of law. Policy rules are not a type of laws and regulations, the right to review laws and regulations cannot be applied to policy rules. The review of policy rules is more directed at doelmatigheid and the touchstone is the general principles of proper governance. The Supreme Court cannot review policy rules. Arrangements are needed to realize the protection for the parties who are harmed due to a policy rule, so that it can be in accordance with the concept of rule of law.]]>
<![CDATA[Chemical Castration Execution Model Through The Administration of Police Medical Operation ]]>
<![CDATA[Kodrat Alam]]>
<![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.V22.63-80
<![CDATA[Prosecutors as executors of court decisions are required to be able to be anticipatory in the process of law enforcement against sexual violence crimes following medical doctors’ refusal to be involved in the execution of chemical castration. This study aims to find a model of chemical castration execution that can be applied through the administration of police medical operation (Dokpol) which combines the roles and positions of medical doctors and law enforcers simultaneously to support the implementation of police duties. The statements of the problem are set to find answers to the questions: Should the execution of chemical castration imposed by the court always be carried out? And can chemical castration be carried out through the implementation of police duties? The research method used is a normative juridical method. The availability of resources of police medical operation who have competence in the health sector is expected to be a solution for prosecutors to prepare chemical castration executors in accordance with the provisions required in Article 9 letter b of Government Regulation No. 70 of 2020, in order to achieve legal certainty regarding the implementation of the Mojokerto District Court decision whose execution is planned to take place in 2031.]]>
<![CDATA[Political Party Coup: Anomalies within the Democratic Party ]]>
<![CDATA[Dewi Analis Indriyani]]>;
<![CDATA[Zaihan Harmaen Anggayudha]]>
<![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.V21.331-344
<![CDATA[The Democratic Party dispute raises the view that there is dualism within the Democratic Party. The issue of the Democratic Party Leadership Takeover Movement (GPKPD) led to the dismissal of several of its cadres. The dispute escalated with the holding of the Extraordinary Congress (KLB) in Deli Serdang on March 5, 2021. One of the things which triggered the holding of the KLB by the opposition was the management of Agus Harimurti Yudhoyono (AHY). Apart from being seen as not agreeing with Article 83 paragraph (2) letter b in the 2020 Democratic Party's Articles of Association and Bylaws, the validity of the AHY management along with the preparation of the Articles of Association and Bylaws in 2020 was also questioned by several cadres. In addition, the political dynasty by the Cikeas family was also highlighted. This Democrat Party dispute becomes more interesting to study because the AHY opposition's KLB involves an external party who is a state official. This article is socio-legal study that was carried out textually and critically to laws and regulations and policies. The undemocratic management and election of the general chairman in providing opportunities for other cadres to compete in a transparent and fair manner created internal turmoil that led to the dismissal of several cadres. There are anomalies within the Democratic Party with the increasingly clear Democratic Party as a dynastic party, undemocratic KLB arrangements, to the implementation of KLB which is a structural conflict of the Democratic Party with non-structural collectives.]]>
<![CDATA[The Existence of A Norm Regarding The Execution of Fiduciary Guarantees After The Issuance of The Constitutional Court Decision Number 18/PUU/XVII/2019 ]]>
<![CDATA[Rosyidi Hamzah]]>;
<![CDATA[Fadhel Arjuna Adinda]]>
<![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.V22.81-92
<![CDATA[The issuance of the decision of the Constitutional Court Number 18/PUU-XVII/2019 on January 6, 2020, caused a change in the execution pattern of Fiduciary Guarantee objects. The issuance of this Constitutional Court decision was not accompanied by creating a new norm regarding the execution pattern of Fiduciary Guarantee objects. It brings legal uncertainty and ambiguity in executing Fiduciary Guarantee objects. Therefore, the statements of the problem in this paper are how is the pattern of execution after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019? And how is the existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019? The research method used is the normative legal research method. The pattern of execution of Fiduciary Guarantee objects after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 experienced ambiguity and obscurity because the contents of the Constitutional Court’s decision were only general norms. The existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019 is necessary to support legal certainty in executing objects of Fiduciary Guarantee.]]>
<![CDATA[Hospital Criminal Liability for Patient's Damages due to Health Service Errors during the Covid-19 Pandemic ]]>
<![CDATA[Diana Yusyanti]]>
<![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.V21.489-506
<![CDATA[During the Covid-19 pandemic, many mass media reported various cases of health service errors at hospitals that resulted in material losses, there were even cases of patients dying. The criminal aspect is explicitly stated in the provisions of Article 190 of Law No. 36 Year 2009 and Article 62 and Article 63 of Law No. 44 Year 2009 and Article 46 of Law Number 44 Year 2009 concerning Hospitals where it is stated that hospitals are legally responsible for all losses due to negligence or health service errors. This research used descriptive normative research through a statutory approach, carried out by reviewing all laws related to legal issues that are being handled. In addition, criminal sanctions in Law Number 36 Year 2009 are formulated cumulatively, such as in the case of criminal acts as referred to in Article 190 paragraph (1), Article 191, Article 192, Article 196, Article 197,Article 198, Article 199, and Article 200, accumulated so that the general provisions inArticle 30 of the Criminal Code are ineffective, that the maximum sanction if not paid the perpetrators are only subject to a substitute imprisonment of 6 months or 8 months.]]>
<![CDATA[Acceleration of Village Welfare through Bumdes: Disorientation of Implementation of Bumdes Regulations and Policies ]]>
<![CDATA[Rianda Dirkareshza]]>;
<![CDATA[Eka NAM Sihombing]]>
<![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.V21.419-434
<![CDATA[Village-Owned Enterprises (BUMDes) do not have legal certainty regarding their form of legal entity and it will make it difficult to meet the hope of all villagers to run businesses together in accordance with their characteristics, potential, and their respective resources. This research aims to provide input and solutions to the government to be able to accelerate the welfare of villages through BUMDes. The method used in this research is literary or library research by using normative juridical approach. In the processing of data, this journal used qualitative and quantitative approach. This research showed the result that there is disorientation in the implementation of BUMDes regulations and policies, such as: first, the incompatibility of village regulations with other laws and regulations. Second, the low community initiative in driving the village economy. Third, the vagueness of BUMDes position as a social and commercial institution. Fourth, policies that have not directed the professionalism of BUMDes. The solution in accelerating village welfare through BUMDes is to provide the flexibility of BUMDes in the form of legal entity as a bridge to be able to enlarge capital in the investment sector.]]>
<![CDATA[Juridical Analysis About Cyberbullying Cases by Child Perpetrators Against Child Victims ]]>
<![CDATA[Joshua Evandeo Irawan]]>;
<![CDATA[Andrian Nathaniel]]>;
<![CDATA[Steven Jonathan]]>
<![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.V22.17-32
<![CDATA[This study discusses the legal protection of a child victim of cyberbullying and a child perpetrator. This research raised a case where a child with the initial “Z” who became a victim of cyberbullying from her schoolmate with the initial “S”. The research method used is the normative-juridical method: processing legal materials collected through a literature review.This study aims to determine the applicable law (legal protection) against the child victims of cyberbullying, based on Law No.35 of 2014 in conjunction with Law No.11 of 2008. In terms of the child perpetrator of cyberbullying, the criminal justice system of the children must be based on Law No. 11 of 2012.The result shows that “Z”, the child victim of Cyberbullying, has received positive legal protection in Indonesia based on Article 76C of Law 35/2014, and Article 27 paragraph (4) juncto Article 28 paragraph (2) of Law 11/2012. Child “S” who terrorizes Child “Z” via WhatsApp may be subject to criminal sanctions in accordance to Article 80 paragraph (1) of Law 35/2014 juncto Article 45 paragraph (1) and (2) of Law 11/2008 junctis Article 81 of Law 11/2012. This case criminal sanctions can be imposed on Child “S” with Law 11/2012.]]>
<![CDATA[State’s Loses in The Corruption Crimes of Members of The Board of Directors of State-Owned (Persero) or Regional Government-Owned Banks and Their Subsidiaries in The Provision of Credit/ Financing ]]>
<![CDATA[Try Widiyono]]>;
<![CDATA[Farhana Farhana]]>
<![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.V22.33-48
<![CDATA[Law No. 31 of 1999 as amended by Law No. 20 of 2001 on Eradication of Corruption Crimes provides normative direction that one of the essential things that must be proven in corruption crime is the existence of “State’s losses”. Members of the Board of Directors of State-Owned Enterprise in the form of bank, in managing of the company, especially in the provision of credit or financing, are very afraid of being accused of corruption crimes. The legal relationship between the State as a legal subject with the companies having status as State-Owned Enterprises (the Persero) is the existence of majority share ownership or controlling shares by the State in limited liability companies with Persero status. Such a legal relationship has been regulated in various applicable laws and regulations that have and are sourced from theoretical and philosophical foundations such as corporate legal doctrines for example the legal doctrine of piercing the corporate veil, the doctrine of fiduciary duty law, and the Business Judgment role. Some legal problems arise, namely how is the legal relationship of the State with State Enterprises? And can the non-performing credit or non-performing bank financing affect the value of the State’s participation in State-owned Bank /Region-Owned Bank? The legal research used in addressing the issues in question is normative legal research, and therefore the results obtained in this legal research are what they should be.]]>
