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INDONESIA
Jurnal Penelitian Hukum De Jure
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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Partisipasi Indonesia dalam IE-CEPA: Sebuah Kewajiban atau Kebijakan? Carissa Amanda Siswanto; Wishnu Kurniawan; Dita Birahayu
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.2023.V23.255-272

Abstract

International agreements made by Indonesia with other countries have helped enrich the provisions of legislation relating to trade and investment in Indonesia. One of them is IE-CEPA, it is hoped that the utilization of market share in each country can be optimized for entry into the European Union market and used as a basis to catch up with other ASEAN countries. The issue that arises here is whether Indonesia’s cooperation with the EFTA Group of Countries is an obligation or policy. This research uses a form of normative juridical research and uses a statute approach and a conceptual approach. The purpose of this study is to describe the cooperation carried out by Indonesia with the EFTA group of countries as an obligation of countries to implement economic policies. The results of this study show the cooperation carried out by Indonesia with the EFTA group of countries as part of economic policies to improve the country’s development. This cooperation agreement has been officially ratified into Indonesia’s national regulation through Article 1 of Law No.1/2021, which indicates the State’s approval to comply with and be bound by IE-CEPA. This is in accordance with Article 26 of VCLT and Article 4 paragraph (1) of Law No.24/2000.
Analisis Yuridis Tentang “Agile Working” dari Sudut Pandang Hukum Ketenagakerjaan Positif di Indonesia Joshua Evandeo Irawan; Dwi Foni Yunita Nur Asyah
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.2023.V23.193-206

Abstract

The Covid-19 pandemic has resulted in the adoption of flexible work systems called Agile Working, which combines work flexibility and technology. This research focused on Indonesian labor laws, namely UU 13/2003, Law No. 6 of 2023, and PP No. 35/2021, to establish legal certainty for Agile Working. Previous research identified a lack of legal framework for remote working, which shares similarities with Agile Working. This research aimed to address this gap by providing new insights and findings. Using the Dogmatic Normative Juridical Method, the researchers analyzed Agile Working within the framework of Indonesian labor law. The researchers engaged in a literature review, encompassing laws, regulations, court decisions, and other legal literature, to thoroughly examine the relevant legal provisions. This involved assessing compliance with labor regulations such as the Manpower Law, government regulations, and labor policies. Relevant court decisions were also considered for legal interpretation.The research concluded that Agile Working could be implemented in Indonesia with legal protection, particularly concerning Working Time and Overtime Pay. The authors recommended that workers and employers adhering to Agile Working in Industrial Relations must uphold their rights and obligations to ensure compliance with the law. To summarize, this research updated previous studies on Agile Working, offering fresh insights and contributions. Through the normative research method, the authors analyzed and interpreted labor laws, providing a deeper understanding of how Agile Working aligns with Indonesian labor law. The research confirmed the legal implementation of Agile Working in Indonesia, emphasizing the importance of respecting rights and obligations. 
Penguatan Peran POLRI dalam Implementasi Hukum Pidana Internasional Prof. Dr. Iza Fadri
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.2023.V23.207-218

Abstract

Changes and developments in the national, regional, and global environment have triggered the rapid development of transnational crime, in this context, the Indonesian National Police (Polri) with the authority to act as state apparatus and law enforcer is the spearhead and front guard of the criminal justice system in eradicating transnational crime. Related to the foregoing, the applicability of International Criminal Law and its application in Indonesia is still an unresolved problem. In connection with the above, in terms of reviewing and analyzing related to the prospects of international criminal law and challenges to the Indonesian National Police, the author use normative juridical research methods using library research. The Juridical-Normative research method is a research method that places legal principles and legal rules as a touchstone to assess whether there was actually a violation or not. So, it can be concluded that there is a need to strengthen and develop international criminal law which is supported by comparative studies and activities in the framework of comparative law or comparative study of international criminal law studies at S1 STIK-PTIK. In the Elucidation of Article 7 of the Human Rights Court Law, it is stated that “the crimes of genocide and crimes against humans in this provision are in accordance with the Rome Statute of the International Criminal Court (Article 6 and Article 7)”. This provision raises the consequence that the legal spirit, interpretation, elements, and application must follow and comply with the provisions contained in the ICC Statute. In the course of the following, several serious human rights violations have been examined and tried based on the Human Rights Court Law with the establishment of an Ad Hoc Human Rights Court, such as the East Timor Post-Ballot case and the Abepura case.
Eksistensi Pidana Kerja Sosial dalam Perspektif Hukum Progresif Jody Imam Rafsanjani; Rizki Bagus Prasetio; Zaihan Harmaen Anggayudha
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.2023.V23.219-230

Abstract

The most current Indonesian Criminal Code (KUHP) contains the concept of Community Service Punishment, which is considered an effort to reform the criminal law system. Community Service Punishment, as a form of punishment in this country, requires an appropriate mechanism to achieve sentencing goals, namely the rehabilitation of convicts through participation in social activities that benefit society. This study aims to analyze the existence of Community Service Punishment to strengthen law enforcers’ understanding of it as one of the main recognized forms of punishment. By using a progressive legal perspective, this research recognizes that the law should consider the development of society and emphasizes the importance of legal reform, if necessary. This study uses a normative juridical approach and conducts qualitative analysis. Based on the results of research conducted through literature studies, it was found that the criminal justice process results in overcapacity in Correctional Facilities, which ultimately hinders the achievement of sentencing goals. Therefore, the importance of imposing Community Service Punishment is very relevant. However, to carry out Community Service Punishment effectively, an organized and systematic procedure is required. This will ensure that the implementation of Community Service Punishment aligns with the expectations and goals to be achieved. We suggest that the relevant parties take advantage of the ratification of the Criminal Code as an opportunity to renew criminal law in Indonesia by increasing the competence and coordination of the criminal justice subsystem in terms of Community Service Punishment.
Reformasi Peraturan Investasi di Indonesia Marulak Pardede
Jurnal Penelitian Hukum De Jure Vol 23, No 2 (2023): June 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.2023.V23.231-244

Abstract

The purpose of this research is to find answers to the problem of the existence of many statutory regulations related to investment (obesity, hyper-regulation), which are believed to be not conducive to creating competitiveness and ease of doing business in Indonesia so the government makes a policy of simplifying these various regulations into one regulation, namely the Omnibus law on the Job Creation Law. The main problem of this research is: Are the policies of the Indonesian government to improve the competitive climate and legal certainty for investing in Indonesia, in accordance with statutory provisions? This problem is divided into several sub-sub-subjects: Current investment regulation problems; Obesity, Hyper regulation, and Regulatory Reform related to Investment; Controversy and legitimacy of the Omnibus Law in the National legal system, Suing the partiality and the negative impact of the Omnibus Law on Job Creation. The research method is a juridical-normative approach, with secondary data in the form of statutory regulations, literature, journals, and the internet. Data collection techniques used is a literature study. Data analysis technique is a qualitative descriptive analysis. The results of the study showed various investment statutory regulations in Indonesia cause obesity, hyper-regulation, which can reduce investment attractiveness. To overcome this issues, the government has taken legal breakthroughs with the omnibus law system on the Job Creation Law, to be able to trigger convenience while at the same time guaranteeing legal certainty, as well as improving the investment competitiveness climate in Indonesia.
Kewenangan Kepala Otorita dalam Penyusunan Perencanaan Pembangunan Ibu Kota Negara Nusantara Diani Sadiawati; Rianda Dirkareshza; Wicipto Setiadi; Elizabet Devi Permatasari
Jurnal Penelitian Hukum De Jure Vol 23, No 3 (2023): September 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.2023.V23.325-340

Abstract

Preparing development plans for the National Capital City (IKN) of Nusantara is one of the authorities that must be carried out by the Government to ensure the continuity and progress of the State’s development in accordance with the mandate of Law Number 3 of 2022 concerning the National Capital City. However, in reality, the formulation of development plans for the new National Capital City still experiences problems related to the Nusantara Capital City Authority (OIKN). Problems with OIKN in preparing development plans for the new National Capital City can come from various factors, such as disharmony of laws and regulations. This study aimed to find out the power of the chairman of authority related to the planning and development of the Nusantara Capital City and the concept of the chairman of authority in preparing the Nusantara Capital City development plans in harmony with the Long-Term National Development Plan. The method used in this study was the Normative Method with interviews and Legislative, Conceptual, Philosophical, and Futuristic approaches which were analyzed in a descriptive-analytic manner and processed qualitatively. The results of the study show that in planning for the development of the national capital city, the chairman of authority has the power to determine the location of the new national capital city according to geographical, social, and economic conditions and to prepare a master plan. However, IKN development plans that are not guided by the Long-Term National Development Plan (RPJPN) as national development guidelines, but are instead guided by the Government’s Master Plan (RIP) will create their own problems. The recommendation from this research is to launch a Hybrid Government system followed by the process of integrating the RIP into the 2025-2045 RPJPN so that it becomes the country’s grand master plan for the next 20 years.
Perluasan Tafsir Frasa Tahap Penyelidikan melalui Interprestasi Sistematis sebagai Solusi Perselisihan Prayudisial Suwitno Yutye Imran; Abdul Madjid; Apripari Apripari
Jurnal Penelitian Hukum De Jure Vol 23, No 3 (2023): September 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.2023.V23.341-356

Abstract

This study examined two things; the first is related to the relationship between judicial disputes, legal protection, and the role of the preliminary investigator; the second is related to the expansion of the phrase of preliminary investigation stages in the Criminal Procedure Code through systematic interpretation. This study applied normative legal research methods specified on the type of legal research for in-concreto cases. To strengthen the study, a statutory approach, a case approach, and a theoretical approach were used. The results of the study found that the actions of preliminary investigator who were limited to carrying out preliminary investigation without paying attention to cases that had a direct relationship with the cases being investigated could not yet provide legal protection, because they opened up opportunities for judicial disputes to occur. Speaking of which, judicial disputes need to be avoided through the use of systematic interpretation carried out by preliminary investigator in the preliminary investigation stages to expand the interpretation of the phrase of preliminary investigation stages in the Criminal Procedure Code and its derivative regulations. The systematic interpretation referred to is carried out in a limited manner, by simply reading opportunities for civil lawsuits and state administrative requests from parties involved in the case being investigated. In addition, it ensured the similarity of the parties involved in criminal cases as well as civil cases or state administrative cases in question.
Mekanisme Ideal Penyelesaian Clerical Error dalam Peraturan Perundang-Undangan di Indonesia (Perbandingan terhadap Inggris, Amerika Serikat, dan Singapura) Eka N.A.M. Sihombing; Cynthia Hadita
Jurnal Penelitian Hukum De Jure Vol 23, No 3 (2023): September 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.2023.V23.273-282

Abstract

The problem of article clerical error creates multi-interpretation, ambiguity, and obscure in understanding the meaning of the substance of the Article so a mechanism is needed to optimize the authority of the Constitutional Court. This study aims to optimize the Constitutional Court's role in providing a legal interpretation of clerical error. The research method used is normative juridical with a doctrinal approach. The results showed that clerical error resulted in multiple interpretations of the substance of an Article. Thus, a legal interpretation by the Constitutional Court for the clerical error is needed which needs to be optimized for its role as a preventive multi-interpretation of the substance of articles in laws and regulations in Indonesia. For example, there is a newly passed law, so to change an article that is not by the system of changing/revising the law for a long time, so to shorten the mechanism for change/revision it requires legal interpretation in the Constitutional Court.
Prinsip Periodik dalam Pemilihan Umum: Orientasi dan Implikasinya di Indonesia Muhammad Mutawalli; Zulhilmi Paidi
Jurnal Penelitian Hukum De Jure Vol 23, No 3 (2023): September 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.2023.V23.357-374

Abstract

The general election is one part of the practice of democracy in Indonesia. In this case, the general election is a manifestation of people’s sovereignty. In general, the principles of elections include the principles of direct, general, free, confidential, honest, and fair. This study seeks to explore the legal construction related to the periodic principle of general elections which must be held periodically every five years to become a separate principle in elections. The issue of periodization in general elections really needs to be emphasized as one of the principles in general elections as the main basis for creating a cycle of replacement and filling of public positions in the state administration system. This research is a normative legal research with statutory and conceptual approaches. The results of the study confirm that the orientation of legal construction on the periodic principle has actually been expressly stated in the 1945 Constitution of the Republic of Indonesia and is based on a systematic interpretation. In this case, the orientation of the periodic aspect is part of the general election principle which is obligatory and must be implemented. This implies that the principles of general elections include the principles of direct, general, free, confidential, honest, and fair, and must be held periodically for five years. In this case, the periodic principle becomes very important to be recognized and explicitly stated in the general election law as a new principle in the technical implementation of general elections. this has implications for the implementation of elections that are inconsistent and tend to change in each implementation. Whereas in holding general elections, the periodic principle will uniformize the holding of elections simultaneously, both national elections and elections at the regional level by setting forth and affirming in the general election law that periodization is a technical principle in holding general elections in Indonesia.
Dinamika Kebijakan Pemerintah Daerah dalam Memberikan Pengakuan dan Perlindungan Masyarakat Hukum Adat di Maluku Nasaruddin Umar; Rustam Magun Pikahulan; Syafa'at Anugrah Pradana
Jurnal Penelitian Hukum De Jure Vol 23, No 3 (2023): September 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.2023.V23.283-298

Abstract

The problem of protecting and recognizing the rights of Customary Law Communities in Indonesia, including in Maluku, from the perspective of local government policies, is still being underestimated, even though Article 18 B paragraph (2) of the constitution has given recognition and respect to the unity of Customary Law Communities and their traditional rights, However is it that to get recognition of the status of customary villages in several negeri in the districts of Maluku and disputes over the mata rumah parentah still occur frequently. This study raises issues regarding legal protection and problems regarding the recognition of the rights of Customary Law Communities in districts/cities in Maluku by using statutory, conceptual approaches and case studies of court decisions relating to the rights of Customary Law Communities. Based on the results of the study it was found that the Provincial Government had issued a policy to provide customary law protection in Maluku which became the basis for establishing customary villages in Ambon City and Tual City, however, there are still regencies that have not provided recognition in the form of regional regulations for establishing customary villages, such as in West Seram Regency and Central Maluku Regency due to weak local government commitment and juridical problems.

Page 28 of 33 | Total Record : 327

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