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[Perluasan Konsep Defensive dan Positive Protection serta Langkah-Langkah Perlindungan Indikasi Geografis sebagai bagian dari Kekayaan Intelektual Komunal ]]>
<![CDATA[Taufik H. Simatupang]]>
<![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.V23.101-114
<![CDATA[The concept of defensive and positive law on Communal Intellectual Property in its development is not sufficient to provide protection for developing countries, including Indonesia, which contain a wealth of living and non-living natural resources. The wealth of these natural resources is often claimed by a foreign nation, either in the form of patents or brands that are economically profitable, without mentioning the source and origin of the discovery. One of them is the claim of a foreign brand which is indicated as geographically originating from Indonesia. This research aimed to offer an idea of the expansion of the protection concept and measures that need to be taken by the government to protect Indonesian Geographical Indications. The method applied in this research was a study of literature sourced from national and international journals through the use of internet media. The results of the study concluded that, First, the defensive and positive legal protection concept that has been known so far requires expansion by adding the protection concept economically in the manner of streamlining a clear management framework from the Regional Government. The said framework must be carried out from upstream to downstream, by ensuring that in the end, the registration of Geographical Indication must be able to prosper the community. Second, the protection of Geographical Indication must be carried out utilizing: Accelerating the collection of data on Geographical Indication nationally, Guiding and supervising the Regional Government to develop local products that have the potential for Geographical Indication, and Establishing special laws.]]>
<![CDATA[Ketidakamanan Perlindungan Data Konsumen di Sektor eHealth ]]>
<![CDATA[Edy Santoso]]>;
<![CDATA[Andriana Andriana]]>
<![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.V23.115-130
<![CDATA[In Indonesia, the eHealth application has been widely used. It has also been recognized by World Health Organization (WHO) that Information and Communication Technology (ICT) provides a cost-effective and secure value to support various health sectors. The research method uses normative research which more emphasizes the use of positive law and comparisons of law with other countries. Meanwhile, the approach used in this study is a “qualitative empirical”. A primary legal material implementing statutory regulation in the field of Cyber law, and practically discusses how it is implemented in eHealth. This research examines two things in depth. Firstly; Is a “Data breach” committed by the electronic service providers? Secondly; Is a “Data theft” modus operandi achieved by the perpetrator? This study concludes that a “data breach” can occur due to “carelessness” or “bad faith” on the part of the service provider. Thus, bad faith behavior may intentionally process the data for illegal commercial purposes, either by processing it alone or by cooperating with other parties who use the data. Meanwhile, “Data theft” caused by “illegal access” activities there are carried out by the perpetrator, causing data can be changed, damaged, and deleted. Data related to eHealth is included in the category of special data that is protected by the laws and regulations in Indonesia. Thus, service providers should participate in providing data protection efforts by making “self-regulation” and providing training to service users, in an effort to avoid crime under Law Number. 27 of 2022 on Personal Data Protection.]]>
<![CDATA[Penggunaan Surat Edaran sebagai Tindak Lanjut atas Putusan Mahkamah Konstitusi ]]>
<![CDATA[Irwansyah Irwansyah]]>
<![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.V23.47-58
<![CDATA[The Constitutional Court’s decision is final and binding. It becomes effective as soon as it is pronounced in open. In practice, however, the Constitutional Court’s decision is followed by a variety of legal products, including laws, government regulations, and presidential regulations, and some even use circular letters. The method used in this paper is normative legal research. The purpose of this study is to analyze the circular letter as a follow-up to the Constitutional Court’s decision. The use of generalized letters in response to a Constitutional Court decision is deemed inappropriate. Because the dissemination is not a legal regulation, it is not necessary to follow the Constitutional Court’s decision when considering the law. In an ideal world, the Constitutional Court’s decision is followed by legislation.]]>
<![CDATA[Pertanggungjawaban Pidana Korporasi dalam Tindakan Perpajakan: Upaya Optimalisasi Penerimaan Negara dari Sektor Pajak ]]>
<![CDATA[Yoserwan Yoserwan]]>
<![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.V23.131-142
<![CDATA[Tax crimes can be committed by taxpayers which include individuals as personal taxpayers and corporate taxpayers as taxable companies. The problem in the enforcement of tax criminal law is the unclear rules regarding corporate criminal liability in tax crimes. This article aims at discussing corporate criminal liability in tax crimes and its application in the investigation and prosecution process. The research uses normative legal research by collecting secondary data. They are primary legal sources and secondary legal sources. The results show that in handling tax crimes, both the investigators and prosecutors are doubtful to process the criminal liability of a corporation. The cause is the lack of clarity in the tax laws. As a result, criminal liability is just addressed to individual taxpayers as material perpetrators, even though the crime occurred within the scope of work of a corporation. Meanwhile, the corporation cannot be held criminally responsible. Thus, the shareholders, cannot also be held criminally responsible. Therefore, it is necessary to amend the current tax laws, so that a corporation can be prosecuted and punished for corporate crime. It is then expected that the compliance of corporations as the taxpayer will increase, and at the same time, tax evasion by corporations could be prevented. Finally, it is hoped that it will increase state revenue from the tax sector.]]>
<![CDATA[Tindakan Faktual Hasil Putusan Etik DKPP sebagai Objek Pengujian Pengadilan Tata Usaha Negara ]]>
<![CDATA[Raines Wadi]]>;
<![CDATA[Muhammad Aljabbar Putra]]>;
<![CDATA[Tarmizi Kabalmay]]>;
<![CDATA[Muh. Aunur Rafiq Mukhlis]]>
<![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.V23.71-86
<![CDATA[The Election Organizer Ethics (DKPP)’s Decision in adjudicating Election administrator ethical disputes is final and binding. This raises a problem, that is, if the DKPP decides an ethical dispute deviates from legal provisions, then there is no way to test it. Thus, the author intends to analyze comprehensively regarding, First, the final and binding nature of the results of the election administrator ethics trial from the perspective of state administrative law. Second, determine the exact form of DKPP authority as the object of testing the authority of the State Administrative Court. This paper uses normative legal research methods and regulatory approaches. There are two conclusions. First, the DKPP decision, which has an ethical dimension, is only binding on the enforcement of the code of ethics, while the implementation of DKPP authority is non-binding and becomes the object of the Administrative Court. Second, in testing DKPP authority at the State Administrative Court, the touchstone used is the conformity of the ethics trial procedure by DKPP, without including the DKPP Ethics Decision as the object of the lawsuit. This is in accordance with the current government administration legal regime which includes Factual Actions including the exercise of DKPP authority. ]]>
<![CDATA[Perlindungan Hukum Terhadap Anak Korban Pelecehan Seksual dalam Perspektif Keadilan Restoratif ]]>
<![CDATA[Chepi Ali Firman Zakaria]]>;
<![CDATA[Ade Mahmud]]>;
<![CDATA[Aji Mulyana]]>
<![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.V23.59-70
<![CDATA[Sexual violence against child is a global problem today. Although international instruments have been ratified, they do not guarantee the realization of the rights of child victims. One reason is that not all countries’ legal systems support victims. The principles of redress for victims of child sexual violence are set out in the United Nations Convention on the Rights of the Child. The Convention recognizes the principle of non-discrimination, the best interests of the child, child survival and development, and values Child opinions. The problem you encountered is related to 1) your security system. 2). Reintegration, psychosocial support, treatment and recovery, protection and support in court proceedings. A model of restorative justice that protects the rights of victims of child sexual violence can use the victim-offender mediation model. This model provides an opportunity for communities to come together and find solutions together when offenders are willing to admit their mistakes and take responsibility according to the needs of the victim’s child. The implications of this research are hoped to make a real contribution to the nation by providing better protection for children who are victims of sexual violence and reducing the trauma they experience.]]>
<![CDATA[Gagasan Penataan Pilkada Calon Tunggal ]]>
<![CDATA[Junaidi - Junaidi]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.V23.143-162
<![CDATA[The existence of single candidate in the 2015-2020 simultaneous Local Election (Pilkada) period tends to dramatically increase along with the rise of the political parties coalition supporting single candidate, thus closing the opportunity for other candidates to advance through a political party. In the practice of organizing single-candidate elections, several cases have been exposed to the public, which suggests that there were problems before the single candidate was decided. This study describes the various phenomena that arise in the organization of single-candidate elections and formulates appropriate structuring strategies. This research was normative and sociological legal research. Normatively using a statute approach and case approach, while sociologically using a qualitative approach. Several phenomena were found, namely; the increasing support of political parties for single candidate is due to the pragmatic political parties that are oriented towards victory and instant profit (political dowry), resulting in a large financial burden that must be prepared by prospective candidates. This condition is exceptionally favorable for candidates with sufficient financial capabilities which then motivates political parties to smooth the victory. Appropriate structuring measures are needed, including; first, the need to reduce the nomination threshold for political parties. Second, organizing party coalitions both related to the time of formation and the maximum limit of the coalition, and third, tightening the eligibility requirements for single candidate by considering the level of voter turnout.]]>
<![CDATA[Risiko Misleading Information Laporan Keuangan Penerbit UMKM pada Securities Crowdfunding: Mengimplementasikan BLU sebagai Auditor untuk menjamin Perlindungan Pemodal ]]>
<![CDATA[Zaki Priambudi]]>;
<![CDATA[Bima Rico Pambudi]]>;
<![CDATA[Natasha Intania Sabila]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.V23.163-178
<![CDATA[Securities Crowdfunding (SCF) is expected to be a fast, cheap, and massive alternative funding system for Micro, Small, and Medium Enterprises (MSMEs). However, its implementation is far from ideal. Several studies in China, Britain, and America concluded that SCF is one of the riskiest investment instruments. This is closely related to the lack of implementation of audit obligations on the financial statements of MSMEs as Issuers. To analyze the above problems, this study applied doctrinal research methods and Reform Oriented Research. This study aimed to analyze the urgency of establishing the Public Service Agency of Securities Crowdfunding (BLU SCF) in the implementation of the SCF ecosystem in Indonesia and design the idea of regulating BLU SCF as an SCF auditor. This research found that: (1) the urgency of establishing BLU SCF includes the high default risk by the Issuers, the responsibility exemption from the Issuers and the Organizers for the truth of the financial statements, and there is a potential conflict of interest between the Issuers and the Organizers; (2) BLU SCF will be authorized to audit the reports and other financial documents published by the Issuers through the Organizers. Institutionally, BLU SCF will be under the auspices of the Ministry of Cooperatives and Small and Medium Enterprises. This idea is expected to improve the practice of SCF implementation in Indonesia, by prioritizing the protection of Investors’ rights to the truth of the Issuer’s financial statements.]]>
<![CDATA[Perlindungan Hukum bagi Debitur dalam Kontrak Standar Perjanjian Bank Garansi ]]>
<![CDATA[Ajrina Febi]]>;
<![CDATA[Mohamad Fajri Mekka Putra]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.V23.245-254
<![CDATA[The absence of a conceptual definition of a Bank Guarantee has resulted in different interpretations from one bank to another in translating the applicable regulations. Some legal experts questioned the standard contract because it is considered not to provide room for negotiation between contracting parties and tends to create an imbalance of rights and obligations between the bank and the debtor customer. The bank guarantee plays a role when the customer defaults on the bank, that is, the bank has the right to exercise, but if the customer avoids it, the second step is for the bank to issue a warning letter. The author focused on standard contracts/agreements regarding bank guarantees. In writing this paper, the issues raised are regarding the legal protection of the parties in a bank guarantee agreement. The research method used is normative law research using normative law case studies in the form of legal behavior products. The practice of fraud, deception, and forgery is one of the legal problems faced by the parties in the Bank Guarantee and Standby L/C agreements. This act of fraud has been proven to have a detrimental effect on both internal and external banking parties. The higher the intensity of fraud, the higher the level of decline in customer trust in banking institutions.]]>
<![CDATA[Paradigma Penerapan Asas No Work No Pay dalam Penentuan Upah Proses ]]>
<![CDATA[Syahwal - Syahwal]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.V23.179-192
<![CDATA[The principle of no work no pay is a legal principle in labor law whose content shows the relationship between wages and work in an employment relationship. That means workers will not get paid if they do not work. The legal principle is frequently applied by courts in determining wages for workers whose employment relationship have been terminated so that workers lose their rights to process wages. With a non-doctrinal study that uses court decisions, this research examines the legal considerations of the panel of judges in applying the principle of no work no pay when determining whether to give wages to workers whose employment relationship has been terminated. The study showed that the paradigm of applying the no work no pay principle is still focused on the positivist mindset, which is deeply rooted in court as well as in the process of legal reasoning by the panel of judges. So that workers who do not work are considered as a single legal fact without other legal facts that accompany it.]]>
