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[The Role of E-Commerce in Escalation of Digital Economy in The New Normal Era Based on Law Number 27 of 2022 Concerning Personal Data Protection ]]>
<![CDATA[Tasya Safiranita]]>;
<![CDATA[Ahmad M. Ramli]]>;
<![CDATA[Denidah Olivia]]>;
<![CDATA[Ferry Gunawan C.]]>;
<![CDATA[Ega Ramadayanti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): 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.2022.V22.437-450
<![CDATA[The phenomenon of the spread of the Novel Coronavirus Disease (Covid-19) globally and thoroughly has transformed the trend of society, including the people of Indonesia. The tendency of individual behavior in buying and selling transactions is transformed from outside the internet network (offline) to inside the internet network (online). The level of comfort and convenience of the public in accessing and choosing various types of products online through electronic systems has given birth to new tendencies and habits in the e-Commerce landscape and has the potential to remain relevant even after the pandemic is over.. However, problems have arisen related to e-Commerce user data which has experienced many leaks so their activities tend to be insecure. If in the e-commerce transactions a sense of security and legal certainty is not guaranteed, it is feared that its development will stagnate. The research uses normative juridical methods and analytical descriptive types that explain the relationship between the Covid-19 health crisis and its impact on the tendency of people to conduct electronic buying and selling transactions where there is a shift in demand from physical retail to e-Commerce during the New Normal period. From this study, it was found that e-Commerce plays a major role in helping the community to remain active in online buying and selling transactions even in the post- pandemic period where legal protection is guaranteed for their activities. As for the legal regime that regulates the protection of personal data, it can help optimize the acceleration of e-Commerce with responsibility and principles of safety and security in serving consumers.]]>
<![CDATA[The Problem of Criminalization of Commercial Sexual Workers and Users of Prostitution Services ]]>
<![CDATA[Rianda Dirkareshza]]>;
<![CDATA[Eka NAM Sihombing]]>;
<![CDATA[Rosalia Dika Agustanti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): 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.2022.V22.525-536
<![CDATA[Prostitution is a complex problem because it intersects with so many aspects, especially in women’s rights. However, the complexity of the problem is not accompanied by legal certainty of regulations regarding prostitution. This paper aims to find out and understand how the problem of criminalization of prostitutes and users of prostitution services in Indonesia. This research method is normative juridical law research with a concept and legislation approach. Data used secondary data consisting of primary, secondary, and tertiary materials. The result found is a legal vacuum related to the regulation of prostitution actions so that prostitutes and users of prostitution services often escape the legal snare. The need for criminalization as a countermeasure against users of prostitution services that are key in the practice of prostitution and protecting women’s rights. As well as countermeasures by providing rehabilitation for prostitutes and in them to have skills and not fall back into the vortex of prostitution practices.]]>
<![CDATA[Intellectual Property Rights as The Resource for Creative Economic in Indonesia ]]>
<![CDATA[Ika Atikah]]>;
<![CDATA[Ahmad Zaini]]>;
<![CDATA[Iin Ratna Sumirat]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): 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.2022.V22.451-464
<![CDATA[Intellectual Property (IP) objects from copyright such as songs and films have economic value that can improve the country’s economy and can even be used as collateral for credit, but the condition is that they must be registered with the ministry of law and human rights. Law No. 24/2019 has not yet regulated in detail the mechanism for granting credit to creative economy actors with intellectual property collateral objects. The research method used here is in the form of a doctrinal approach to laws and regulations. Primary sources are relevant legal regulations related to intellectual property and credit financing, and secondary sources are books and journals. The purpose of this research is to understand credit financing with collateral in the form of songs and films. PP No.24/2022 provides flexibility for creative economy actors to obtain credit financing not only at bank financial institutions but also at non-bank financial institutions. However, the special conditions that are regulated are that the intellectual property has been registered or registered with the ministry that organizes government affairs in the field of law, the intellectual property has been self-managed, and or the rights have been transferred to another party.]]>
<![CDATA[Measuring The Effectiveess of Consumer Dispute Resolution on Small Value E-Commerce Transaction ]]>
<![CDATA[Mosgan Situmorang]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): 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.2022.V22.537-550
<![CDATA[The development of very advanced information technology has changed the pattern of trade carried out by the community. Buying and selling are no longer only carried out directly with the meeting of sellers and buyers in certain places, but can be performed from anywhere with the help of information technology. E-commerce or trade conducted online is growing very rapidly from day to day and has become a lifestyle for people, especially in urban areas. In addition to having a positive impact, e-commerce also has a negative impact, because the laws governing it have not developed as fast as these trading practices. One of the problems is related to the existing settlement institutions. Existing institutions are seen as not being able to properly accommodate consumer disputes that arise. The dispute resolution available is considered conventional and has not accommodated disputes that arise, especially for claims of small value, which make up the majority of the online trading section. In connection with the above description, a research was conducted. The question in this study is how effective is the dispute resolution agency currently available, especially for e-commerce disputes of small value. This research was conducted with a normative juridical method. From the results of the study it can be concluded that the existing dispute resolution institutions cannot be said to be effective, especially in consumer disputes of small value, adequate dispute resolution for claims of small value arising from online buying and selling. From the results of the research, recommendations are given to form existing dispute resolution institutions, especially BPSK, to increase their role and capacity so that they can accommodate small-value disputes quickly and at low cost]]>
<![CDATA[Private Limited Company in Indonesian Positive Law: Elaborating The Basic Concept of Corporate Law, Comparison to Other Countries and Its Development ]]>
<![CDATA[Achmad Fikri Rasyidi]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): 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.2022.V22.465-482
<![CDATA[The concept of a private limited company was first introduced in the Job Creation Law which is different from the concept of a company in the previous regulation. It is important to dig deeper into the concept of a private limited company: is it possible for a company legal entity to only have a single shareholder or it must be established by a minimum of 2 (two) persons as shareholders? Therefore, this paper applied the normative juridical method, which is believed to be able to answer the aforementioned problem. This paper reviewed the concept of a private limited company juxtaposed with the concept of a company that was in effect before the Job Creation Act and elaborated on the development of company regulations in Indonesian Law. In conclusion, it is found that the basic concept of a private limited company (as a legal entity) can be established by 1 (one) person, as the founder and sole shareholder, that is, as long as the establishment of the company is authorized by the state. Furthermore, the development of company legal arrangements in Indonesian law shows that the law must be responsive to the development of society. This is evident from several changes in the regulation of company law in Indonesia to accommodate the needs of economic development in society.]]>
<![CDATA[Problematic in The Civil Decision Execution Process in Indonesia in Order to Realize Court Excellence ]]>
<![CDATA[Ahyar Ari Gayo]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22, No 4 (2022): 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.2022.V22.551-560
<![CDATA[The duties and responsibilities attached to the position of the Head of the District Court have required him to examine and review every petition for execution submitted to the District Court he leads. This is necessary in order to avoid obstacles to the execution of court decisions that already have permanent legal force. Therefore, this paper aims to describe the causes of obstacles in the execution of court decisions that have permanent legal force. The method used in this research is descriptive-analytical method with the main approach is normative juridical. This study found that the main causes of delays in the execution of court decisions that already have permanent legal force include limited executors, limited budgets, opposition by other people or third parties, and judicial review of court decisions. In order to overcome the obstacles faced in the execution by the Supreme Court of the Republic of Indonesia, it is necessary to prepare State Civil Apparatus that specifically becomes executors by carrying out education in accordance with the main functions that are quite adequate]]>
<![CDATA[Perlindungan Hukum Terhadap Wisatawan dalam Kegiatan Pariwisata Beresiko Tinggi Menurut UU Perlindungan Konsumen ]]>
<![CDATA[Nabilah Luthfiyah Chusnida]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23, No 1 (2023): 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.2023.V23.1-14
<![CDATA[In tourism activities, business actors are required to provide protection to tourists according to the mandate of Law Number 8 of 1999 concerning Consumer Protection (UUPK). UUPK has regulated that tourists have rights, including security and comfort when traveling, especially in high-risk areas. Security and comfort are then regulated in SOPs which cover human resources, equipment, and services. This study examines how business actors provide legal protection for tourists in diving tourism as high-risk tourism. This study uses a normative legal method by dissecting principles and norms in SOP documents for the diving tourism business actors, and UUPK. The results of this study indicate that arrangements for legal protection and safety of tourists, and the rights of tourists as users or consumers of services in the tourism sector, both have been regulated in UUPK. Business actors also need to pay attention to several aspects in the diving tourism business. However, currently, there are still many business actors that prepare SOPs with exoneration clauses that are detrimental to tourists. Safety and comfort are not guaranteed, causing many victims to die and inappropriate compensation. Efforts to resolve disputes that can be carried out are litigation and non-litigation, however most business actors take non-litigation procedure using the mediation method.]]>
<![CDATA[Urgensi Pengaturan Injunction dalam Rancangan Undang-Undang Hukum Acara Perdata ]]>
<![CDATA[I Gusti Ngurah Anom Manacika Mahawijaya]]>;
<![CDATA[Febrilian Dame Nuraldi]]>;
<![CDATA[Michael Sebastian Chang]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23, No 1 (2023): 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.2023.V23.15-32
<![CDATA[The concept of injunction in common law countries is similar to the concept of provision, confiscation, and provisional determination so that the concept of injunction can be used to complete the deficiencies of provision, confiscation, and provisional determination. This research examines injunction arrangements in common law countries, in this case, the United States and Singapore, which are then transplanted into Indonesian law through the Indonesian Civil Procedure Bill. The research method was carried out normatively and then explained descriptively accompanied by a prescription on how provision, confiscation, and provisional determination should be regulated in Indonesia. Arrangements for provision, confiscation, and provisional determination are still scattered in various laws and even most of the Dutch colonial legacies are used without an official translation. This condition causes legal uncertainty that can be detrimental to justice seekers. The state’s efforts in establishing a unique Indonesian civil procedural law can be seen through the Indonesian Civil Procedure Bill. This bill also contains a concept similar to an injunction. The bill, which is expected to eliminate legal uncertainty for justice seekers, still does not specify a concept similar to the injunction in Indonesia.]]>
<![CDATA[Gagasan Omnibus Law Kesehatan sebagai Kebijakan Hukum Nasional dalam Upaya Meningkatkan Derajat Kesehatan Masyarakat di Indonesia ]]>
<![CDATA[I Nyoman Bagiastra]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23, No 1 (2023): 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.2023.V23.33-46
<![CDATA[This study aims to examine the ontological aspects of health promotion in an effort to improve public health status and to analyze the health sector in the General Agreement on Trade in Services. This research also aims to offer the idea of omnibus law health as a national legal policy in an effort to improve public health status in Indonesia. This article uses normative legal research methods using statutory approaches, conceptual approaches, and analytical approaches. The study indicates that the idea of an omnibus law on health as a national legal policy in an effort to improve public health status in Indonesia is a challenge as well as an opportunity. Considering that the health service sector has an important contribution to the sustainable development goals presented by the United Nations, that is, one of the goals of sustainable development is for a healthy and prosperous life. Therefore, it is necessary to revise and harmonize regulations both nationally and internationally which are based on Pancasila values to ensure that the mission is realized to improve public health in a comprehensive manner that is equitable, fair, and affordable and has legal certainty.]]>
<![CDATA[Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dan Pengadilan Tuntutan Pengguna Malaysia (TTPM) dalam Penyelesaian Sengketa Konsumen ]]>
<![CDATA[Ahmad Wahidi]]>;
<![CDATA[Mustaklima Mustaklima]]>;
<![CDATA[Nur Jannani]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23, No 1 (2023): 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.2023.V23.87-100
<![CDATA[The violation of consumer rights is the cause of disputes. Consumer disputes are defined as disputes between the consumers and business actors in which consumers demand compensation due to damage, pollution, and/ or because of consuming products sold by business actors. The existing conditions of Malaysian consumers, consumer dispute resolution in Malaysia and its regulations, which are undergoing improvements, are rational reasons for the subject of comparison. The purpose of this study is to explore the factors behind the success of consumer dispute resolution in Malaysia, in this case the Tribunal Tuntutan Pengguna Malaysia (TTPM) from the side of its authority that can be adopted in Indonesia to reconstruct the Badan Penyelesaian Sengketa Konsumen (BPSK) so that it can be more successful in resolve consumer disputes. The results show that TTPM’s authority is more specific on dispute resolution and only accepts claims with definite value limitations, while BPSK’s authority has no limitations on the value of claims, the limitation on the value of compensation is only in the provision of administrative sanctions to business actors, for parties (business actors) who do not comply with the BPSK decision, the BPSK decision is the initial evidence for carrying out an investigation regarding whether there was a crime in the non-compliance. Meanwhile, non-compliance with the TTPM decision has been considered a criminal act with criminal sanctions of imprisonment and fines.]]>
