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Jurnal Penelitian Hukum De Jure

dejure
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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 327 Documents

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Opportunities and Challenges: E-Commerce in Indonesia from a Legal Perspective Edy Santoso
Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

The development of e-commerce in Indonesia has encouraged the creation of a digital economy. On the other hand, this business model presents various legal challenges that are no less interesting to anticipate. By applying normative research methods and using statutory and comparative law approaches, this study examines two issues. First, what are the legal aspects that are used as the basis for the role of Information and Communications Technology (ICT) in capturing e-commerce opportunities? Second, what are the legal challenges ahead with the rapid growth of e-commerce in Indonesia? This study concludes that normatively Indonesia already has various regulations in the field of cyber law that support the use of ICT in e-commerce. However, it needs specific regulation. This study finds things that will become legal challenges in the future, including there are still gaps for parties to commit violations and crimes, especially in the fields of data theft, intellectual property, fraud, and breach of contract. This study provides the suggestion that the government should pay attention to security-related regulations, especially those related to personal data security. It requires the role of business actors in making "self-regulation" which ensures data protection based on a technical perspective.

Power Oligarchy: The Game of Cartel in Cooking Oil Scarcity Fatihani Baso; Andi Yaqub; Andi Novita Mudriani Djaoe; Ashadi L. Diab
Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Allegations related to the cartel arise every time Indonesia experiences a shortage of cooking oil. The study aims to discuss the causes of the scarcity of cooking oil in Indonesia. Is it because of Permendagri Number 06 of 2022 or because of a cartel or is it caused by an artificial scarcity made by a syndicate? And whether this cartel and scarcity have anything to do with it. The study used qualitative research. The study uses normative or socio legal by analyzing relevant sources and news related to the scarcity of cooking oil. The results showed that the cause of the scarcity of cooking oil was the highest retail price which was marked by the issuance of Permendagri No. 6 of 2022, the law of one price which causes arbitrage, artificial scarcity by businessman, panic buying among the public, conditional sales and distribution problems. The relationship between the cartel and the scarcity of cooking oil lies in its complex and non-transparent distribution to consumers. The cartel group restrains the widely circulated cooking oil products with HRP because the businessman will lose out automatically if sold at HRP. Therefore, businessman withdraw products from the market and resulting in scarcity.

Rules Regarding Mandatory Equity Securities Listing: Is It Possible for A Public Company Without Listing on The Indonesian Stock Exchange? Ayup Suran Ningsih
Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

ABSTRACTThe Financial Services Authority has issued the latest regulation in the Capital Market sector, namely the Financial Services Authority Regulation Number 3/POJK.04/2021 concerning the Implementation of Activities in the Capital Market Sector. This paper aims to conduct a more specific analysis regarding the mandatory elements for a company that will conduct a public offering to list its equity securities on the stock exchange. The initiation of the obligation to conduct equity securities listing is carried out in order to reduce the intensity of backdoor listing or efficient efforts towards Initial Public Offering activities by acquiring a company whose shares have been listed on the Stock Exchange. This article was compiled using a normative legal research method. Based on Financial Services Authority Regulation Number 3/POJK.04/2021, the Financial Services Authority through the Depository and Settlement Institution conducts electronic securities listing which is not part of the securities collective custody. The Depository and Settlement Institution checks the conformity of the Securities records in the Depository and Settlement Institution with the records in the Securities Administration Bureau or the Public Company which conducts its own Securities administration. The mandatory to be listed for the equity securities of a public company closes legal loopholes for companies that wish to become public company using a procedure that is not in accordance with the provisions of the prevailing laws and regulations.Keywords: registered; capital market; public company; securities

The Urgency of Reharmonization in Construction of The Stage Formation of Law M Jeffri Arlinandes Chandra; Febrian Febrian; Bayu Dwi Anggono
Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

Indonesia is a state of law that relies on a rule of law formed as a basic rule in the state and society. The law as the primary basis must be made following the principles of the Formation of good law so that it is expected that later it can be applied and has binding legal force for all levels of society. However, the current situation is far from the expectation of the formation of good law. For example, the Formation of a job creation law which is considered not to involve the community actively, many articles are contrary to legal principles, disharmonized and unsynchronized between law. The formation of law seems in a hurry so there are many errors in writing (typo) and many other things. Therefore, it is necessary to reconstruct the stages in making good law. This paper uses normative research with a statutory approach, a comparative approach, and finally concludes with a conceptual approach where concepts that are considered suitable can be applied in Indonesia. This article provides two conclusions. First, the practice of harmonization, synchronization and consolidation of conceptions that have been well implemented but only exist at the planning and drafting stages of the Bill. While after the discussion/mutual agreement (plenary), no further harmonization and synchronization are carried out. Second, the post-discussion (plenary) re-harmonization stage can provide space for the implementation of educational facilities, consultations and publications of pre-validation and enactment of law that will be ratified in the form of meaningful public participation

Maqashid Shariah Study on The Recording of Unregistered Marriage in The Family Card Nazar Fuadi Nur; Azhari Yahya; Efendi Idris
Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

This study aims to analyzes the status of unregistered marriages recorded in the Family Card from maqashid syariah point of view. The methods applied in this study is normative legal research by relying on secondary data. The approaches used to analyze research problem are statutory and conceptual approach. The results of study indicate that according to Islamic law point of view unregistered marriage is a legal marriage. Marriage and marriage registration are two different dimensions. The marriage contract which is pledged based on syariah law results in religious legal relationship; while marriage registration results in legal acknowledgement in the view of national law and may protect the couple from any legal issue that may arise in the future. From the perspective of maqashid syariah, unregistered marriage may cause a lot of harm for the lives of couple and their children. The status of unregistered marriage is hard to be recognized by the Religious Courts because there is no evidence of marriage that may be shown by the couple. Therefore, it is suggested for unregistered marriage couple to conduct isbat nikah (renew of marriage) so that their marriage is recognized and registered by the state through Office of Religious Affairs.

Effectiveness of Social Work Sanction as a Substitute for Imprisonment in The Perspective of Sentencing Purposes Emaliawati Emaliawati; Bonarsius Saragih; Aji Mulyana
Jurnal Penelitian Hukum De Jure Vol 22, No 3 (2022): September Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

ABSTRACTImprisonment is a criminal sanction that eliminates the freedom of perpetrators with the aim of providing a deterrent effect so as not to commit criminal acts and improve behavior in order to become better human beings. In this study, problems were formulated regarding the effectiveness of social work sanctions as a substitute for imprisonment from the perspective of sentencing purposes. This study uses a normative juridical approach, with descriptive-analytical research specifications. The data used are primary data obtained through an analytical study of applicable laws, followed by concepts that have been carried out, and secondary data obtained through literature studies (references from various countries that have imposed social work sanctions), which are then analyzed utilizing a comparison between primary and secondary data qualitatively. From the study results the issue regarding the effectiveness of social work sanction as a substitute for imprisonment focuses on changing the behavior of the convict in reducing the level of crime in society and the effectiveness of social work punishment for criminals associated with the purpose of sentencing, it is used as an alternative for sentencing that is in line with the purpose of sentencing itself.

The Importance of Using Electronic Deeds to Facilitate The Service and Storage of Notary Archives Henry Donald Lbn Toruan
Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.2022.V22.483-498

The rapid progress of the development of information technology has made many changes in human life on earth. Work and activities that used to be done manually are now shifting to using a technological approach. This has been applied in assisting tasks in government and business such as banking, and trading in cyberspace. The rapid advancement of technology in this age of informatics that can provide speed, accuracy, and certainty is a solution to solving various problems and at the same time providing benefits for its users. Notarial deeds play a very important role in facilitating business transactions in the form of trade contracts or other deeds in banking. But unfortunately, in the midst of the advancement of information technology, it turns out that the notarial deed currently does not support the rapid progress of the technology. The question is whether it important to make an electronic deed in carrying out the duties of a notary. The research method used in this paper is a normative juridical method because the results of legal research on electronic deeds that have been carried out so far are still in the form of literature

Problems with Time Limitation Regulation in the Settlement of General Election Offenses Gaza Carumna Iskadrenda; Edward Omar Sharif Hiariej
Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.2022.V22.499-512

The electoral legal framework in Indonesia is designed to be highly complex, which causes several problems. One of them is in the realm of election offenses, considering the establishment of the settlement mechanism is complicated due to the very short time limit. This research aims to identify, examine, study, and discover many regulatory problems that will undoubtedly help law enforcers to settle election offenses in the future. This research falls under the category of normative legal research prioritizing the use of secondary data, including primary, secondary, and tertiary legal materials. Based on the data used, the documentation study/library study technique with tools in the form of written materials as described was used and qualitatively analyzed. The research finding showed that the specialization of the regulation in the form of speedy trial or fast-track judicial process is the root of the problem in the settlement of election offenses, considering the existing problems cannot be separated from it.

Examination and Confiscation of Notarial Deeds for The Purpose of Criminal Law Enforcement without Approval from The Notary Honorary Council Moh. Roziq Saifulloh
Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.2022.V22.423-436

The Notary’s right of refusal through the approval of the Notary Honorary Council (NHC) hinders the practice of criminal law enforcement because it is absolute and there is no further (final) legal remedy, even though a similar policy (beleid) has been revoked by the Constitutional Court. In practice, the notary cannot be examined by investigators, public prosecutors, or judges, unless they have previously obtained NHC approval, as regulated in Article 66 paragraph (1) of Law Number 30 of 2004 as amended by Law Number 2 of 2014 (Notary Position Law). Even if Notary Honorary Council refuses, then there will only be further legal remedies through a lawsuit by the State Administrative Court. In fact, the provisions regarding the Notary’s right of refusal should be ‘determination’ by court decisions (vonnis) as regulated in Article 170 of the Criminal Code, and not ‘administrative determination’ (beschikking) through NHC approval based on the delegation of supervisory authority from state institutions. This paper concludes that every law enforcer in criminal cases (police, prosecutors, and judges) can examine a Notary with the condition of special permission from the Head of the local District Court, approval of direct interested parties, or NHC approval as stipulated in Article 43 of the Criminal Code in conjunction with Article 66 paragraph (1) of the Notary Position Law. This paper is normative research with a statutory approach, conceptual approach, and case approach.

Determination of Zero Rupiah Rate Against Non-Tax State Revenue for Intellectual Property Rights Services Nevey Varida Ariani; Amirudin Amirudin
Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): December 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.2022.V22.513-524

The government continues to encourage the public to innovate to grow intellectual property by providing protection and legal certainty, including the application of Non-Tax State Revenue (Penerimaan Negara Bukan Pajak - PNBP) of Zero Rupiah. The problem is how to set a zero IDR Rupiah rate on non-tax state revenues for intellectual property services. The research method used is normative juridical. Provision of a non-tax state revenue rate of zero rupiahs determined based on certain conditions for intellectual property services such as social, religious, and state activities, and given specifically to underprivileged communities, students or /college students, Micro, Small and Medium Enterprises, or force majeure conditions, as well as activities that support the programs of the Ministry of Law and Human Rights, especially the Directorate General of Intellectual Property. Optimization of the budget or the achievement of PNBP in the Directorate of Intellectual Participation needs to be monitored and evaluated every year. Therefore, it is necessary to have a legal basis in the form of a Regulation of the Minister of Law and Human Rights concerning the Amount, Requirements, and Procedures for the imposition of Non-Zero Rupiah State Revenue Rates for Intellectual Property Services by first through the approval of the Minister of Finance

Page 25 of 33 | Total Record : 327

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Muhammad Virsyah Jayadilaga

Contact Email pusbangdatin@gmail.com

Phone +628122115449

Journal Mail Official pusbangdatin@gmail.com

Editorial Address Jalan H.R. Rasuna Said Kavling 4-5, Jakarta Selatan 12940

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Abstract

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Contact Name
Muhammad Virsyah Jayadilaga

Contact Email
pusbangdatin@gmail.com

Phone
+628122115449

Journal Mail Official
pusbangdatin@gmail.com

Editorial Address
Jalan H.R. Rasuna Said Kavling 4-5, Jakarta Selatan 12940

Location
Unknown,

Unknown

INDONESIA