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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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Legal and Ethical Issues in the Constitutional Court Decision Concerning Minimum Age Limits for Presidential and Vice Presidential Candidates Prasetyo, Yogi; Indiantoro, Alfalachu; Isnandar, Aries
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.147-158

Abstract

This article aims to explain the basic considerations of Constitutional Court Judges in deciding case Number.90/PUU-XXI/2023 and analyze the existence of controversial issues in this decision. The background to this writing is a decision by the Constitutional Court which is considered unusual. There are new things out of the ordinary in deciding cases and the momentum approaching the 2024 general election has become a sensitive and interesting study. The research method used in this writing is a normative juridical method with a legal philosophy approach. This is in accordance with the main problem of analyzing the judge’s decision from a philosophical perspective. Material in the form of library data in the form of statutory regulations and scientific works related to the research theme. The results of the research show that there are several basic reasons for judges in deciding this case, such as political rights and the time for the general election which is getting closer. Apart from that, the decision of the Constitutional Court contains ethical issues in it, because in the formation process it was carried out by judges who had been legally declared to have committed ethical violations.
Reformulasi Sentra Penegakan Hukum Terpadu menjadi Lembaga Independen Pemberantasan Tindak Pidana Pemilu Madjid, Mario Agritama S W
Jurnal Penelitian Hukum De Jure Vol 24, No 1 (2024): March 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.2024.V24.057-072

Abstract

The practice of implementing elections in Indonesia from time to time becomes an antinomy of the principle of honesty and fairness. This practice is evidenced by the increasing number of election violations, especially election crimes. This shows that the role of the Sentra Gakkumdu, which specifically functions to eradicate election crimes, has not been effective. The most highlighted issue regarding the existence of the Sentra Gakkumdu is the weak coordination and its limited nature as a forum between Bawaslu, the Police, and the Prosecutor’s Office. This research aims to describe the problematics of election criminal law enforcement in Indonesia and the reformulation of Sentra Gakkumdu into an Independent Institution for Eradicating Election Crimes. This research was conducted using normative juridical research. The results of this study show: First, the ineffectiveness of election criminal enforcement is caused by the limited time for handling cases, the weak institutional building of Gakkumdu which includes institutional nature, authority, human resource capacity and coordination between institutions in it. Second, it is necessary to reformulate the Gakkumdu Center into an Independent Institution for the Eradication of Election Crimes. The idea of making Gakkumdu an Independent Institution departs from several weaknesses in the existing institutional building plus the complexity of handling election crimes and speedy trial design requires a special institution that focuses on handling the eradication of election crimes. The institution will later take the form of an independent institution with prevention and prosecution functions, while. The institutional structure will consist of investigators, investigators, and permanent public prosecutors led by commissioners.
Analisis Juridis terhadap Disparitas Putusan Hakim dalam Tindak Pidana Transaksi Elektronik dan Pencucian Uang (Studi Putusan Nomor :1240/Pid.Sus/2022/PN. Tng dan Putusan Nomor: 576/ Pid,Sus/2022/PN. Blb.) Donald, Henry Lbn Toruan; ., Djamilus; Rini, Nicken Sarwo; Fathony, Ahmad
Jurnal Penelitian Hukum De Jure Vol 23, No 4 (2023): 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.2023.V23.507-522

Abstract

This article focuses on the crime of electronic transactions and money laundering. This focus was motivated by reports from victims of fraud by Indra Kenz and Doni Salman via videos circulating on social media regarding the investment business. This uses the Binomo and Quotex applications. During the examination at the Tangerang and Bale District Courts, Bandung, there was a disparity in the sentences imposed by the judges in decision Number: 1240/Pid.Sus/2022/PN.Tng and Decision Number: 576/Pid,Sus/2022/PN.Blb. Indra was sentenced to 6 years and Doni to 4 years. Based on this, this article wants to analyze the reasons that the judge considered in deciding the criminal case of electronic transactions and money laundering for the two perpetrators with different sentences for the two perpetrators. This is because the criminal acts committed by the two perpetrators have similarities. This research uses a normative juridical method with a case approach. Sources of legal research materials used consist of judge's decisions, cases to be analyzed, legislation, books (literature) and scientific journals related to writings and data from news articles. The data collection procedure was carried out by searching data on the internet related to the writing topic. All data collected will be compiled and analyzed using theory or expert opinion. Then, this theory is linked to the reasons or legal considerations (ratio decidendi) used by the judge in making his decision. This study concluded that the disparity in sentences imposed on the two perpetrators was due to the lack of clear regulations prohibiting binary option trading affiliates. Apart from that, there are differences in regulations regarding the spread of fake news that harm consumers in the ITE Law and the Consumer Protection Law.
Tantangan dan Gagasan Desain Asesmen Terpadu untuk Penanganan Penyalahguna Narkotika di Indonesia Handayani, Febri; Angrayni, Lysa
Jurnal Penelitian Hukum De Jure Vol 24, No 1 (2024): March 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.2024.V24.073-088

Abstract

Integrated Assessment challenges for handling narcotics abuse include; Narcotics regulation is still debating between a criminal approach and a health approach, this will be related to the request for an assessment from TAT. Integrated assessment becomes a new legal problem if the recommendation procedure is carried out unfairly. Challenges in the coordination function between agencies/institutions. The design idea for an Integrated Assessment for handling narcotics abusers is; availability of government-owned rehabilitation homes in every district/city area, optimization of submission of assessments by investigators to TAT to obtain assessment results in every narcotics case, as well as legalization of integrated assessment norms. The recommendation is that investigators in narcotics cases must submit an assessment request to the TAT as an initial assessment mechanism because it is a guarantee of legal certainty that must be realized if the legalization of norms regarding integrated assessment has been carried out.
Kebijakan Pembaharuan Konsep Perzinahan Pasal 411 Undang-Undang Nomor 1 Tahun 2023 KUHP Indonesia Mashendra, Mashendra; Corrin, Jennifer; Rukmana, Auliah Andika
Jurnal Penelitian Hukum De Jure Vol 24, No 1 (2024): March 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.2024.V24.001-018

Abstract

The current Dutch colonial Kitab Undang-Undang Hukum Pidana (KUHP) needs to be replaced with an updated Indonesian Criminal Code. Legal scholars, especially those specializing in criminal law, have long debated the overhaul, reformulation, modification, and even reformation of the Criminal Code to conform to the guiding principles of the Indonesian nation as a whole and this discussion has been ongoing for quite some time. This research intends to evaluate the policy basis of the expansion of the definition of adultery and the values protected from the expansion as stipulated in Article 411 of Law Number 1 Year 2023 on the Criminal Code This research is a descriptive study that uses a normative legal approach. Secondary data and document study are used in data collection. A qualitative approach was used to analyze the data. The research findings show that the criminal policy perspective is the basis for the expansion policy that contains a definition of the offense of adultery that is problematic as a policy because it does not reflect the principles that guide Indonesian society and the nation as a whole. With the way the article is currently written, for every person who has sexual intercourse with anyone as long as he is not his husband or wife and does not regulate the imposition of punishment for convicts who are single. The findings in this study highlight the importance of policy implementation of expanding the concept of adultery to ensure that justice is maintained and equal protection is given to all parties accused without sufficient evidence.
Menguji Posibilitas Transplantasi Variasi Bantuan Keuangan Partai Politik di Indonesia (Studi Perbandingan di Kolombia, Brazil, Korea Selatan, dan Turki) Garuda Era Ruhpinesthi; Muhammmad Hamzah Al Faruq
Jurnal Penelitian Hukum De Jure Vol 23, No 4 (2023): 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.2023.V23.433-454

Abstract

There are variations in political party Financial Assistances in various countries with various implications, both positive and negative. Besides, there are problems with political parties in Indonesia which in literatures are suspected to be related to the regulation of political party Financial Assistances. This research focuses on answering two research problems. First, what are the implications for the regulation of various models of Financial Assistances for political parties in Colombia, Brazil, South Korea, and Turkey referring to the aspects of free and fair elections, democratic politics, and corruption index? Second, how is the possibility of legal transplantation of political party Financial Assistances in order to solve the problems of political parties in Indonesia? This research is socio-legal research that analyzes secondary data. The results of this study show two results. First, it shows that the law in four countries have different implications, which there are three notes namely that i) countries that are quite good in the aspect of free and fair elections are South Korea, Brazil, and Colombia, ii) the four countries are not good enough in the aspect of democratic politics, iii) countries that are quite good in the aspect of corruption index is South Korea. Second, it shows that there is the possibility of legal transplantation which there are three notes: i) there is a constant and dynamic variable regulation of political party Financial Assistances in Indonesia, ii) the problem of political party Financial Assistances in Indonesia is in the democratic politics and corruption index which means need to transplant several aspects, iii) there is a possibility of transplanting variations in political party Financial Assistances as long as certain conditions are fulfilled.
Transplantasi Regulatory Impact Assessment+: Reposisi Naskah Akademik dalam Pembentukan Undang-Undang Al Faruq, Muhammmad Hamzah; Era Ruhpinesthi, Garuda; Sekar Ismaya, Alfatania
Jurnal Penelitian Hukum De Jure Vol 24, No 2 (2024): July 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.2024.V24.175-198

Abstract

As far as the Law Number 13 of 2022 was issued, the Academic Draft making process still shows the minimum participation of affected communities. Neither the Law nor the Guidance of Academic Draft making process that was published by the House of Representatives Expertise Body have regulated consistent research method. This fact implies the quality of the current Academic Draft that has not yet accommodated Regulatory Impact Assessment methods such as determining alternative policy and impact analysis that would produce the best policy. This normative juridical research aimed to get a better understanding of: (i) The regulatory and practices problems of preparing Academic Draft related to the principle of transparency in the lawmaking and (ii) The mechanisms for repositioning Academic Draft related to the principle of transparency through the application of Regulatory Impact Assessment+. This research is normative legal research with secondary data. The results showed two things. First, in terms of regulation and practice, there is a problem that Academic Draft is still positioned as a justification for the Law and the reality of Academic Draft preparation related to the principle of transparency in the lawmaking is still weak based on the analysis of the role of the community in the dynamics of implementing research methods that are considered insignificant. Second, Academic Draft repositioning mechanism is needed through the application of Regulatory Impact Assessment+ with the following five things: i) repositioning the use of Regulatory Impact Assessment in the stages of lawmaking, ii) loading the inventory mechanism of affected communities, iii) containing detailed instructions for the implementation of Academic Draft preparation research carried out, iv) changing the Academic Draft structure through adjustments to Regulatory Impact Assessment+ to accommodate alternative policy mechanisms, to v) detailing procedures and aspects of consideration for implementing the Cost-benefit Analysis mechanism.
Urgensi Sui Generis Regime Permintaan Slot Geostationary Orbit melalui Perspektif Negara Khatulistiwa Khususnya Indonesia Andriwinata, Rackel; Palguna, I Dewa Gede
Jurnal Penelitian Hukum De Jure Vol 24, No 1 (2024): March 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.2024.V24.089-106

Abstract

Indonesia is one of the countries whose position is crossed by the equator, which is parallel to the Geostationary Orbit (GSO). The passing of Law No. 16 of 2002 marks Indonesia’s binding to the Outer Space Treaty, which encourages Indonesia to have regulations regarding the resolution of issues relating to the use of GSO slots in the national interest. Indonesia proposes a special legal regime that recognizes GSO as an independent territorywithout disturbing existing rules. This research emphasizes the urgency of creating a fair and equitable legal framework in utilizing GSO, especially for developing countries. This research aims to explore legal certainty in the context of space utilization and exploration, especially Geostationary Orbit (GSO). This research uses a normative juridical method with the main approaches, namely legislation and conceptual. The results show the needfor a special regime that regulates the utilization of GSO so that there is no gap between countries with the principles of maintaining peace, justice and mutual benefit, with the hope of providing clarity of rules and guidelines in exploring and utilizing space safely and fairly.
Is It Necessary to Include Promise in a Deed of Granting of Mortgage Rights? Zuhir, Mada Apriandi; Yahanan, Annalisa; Murzal, Murzal
Jurnal Penelitian Hukum De Jure Vol 24, No 1 (2024): March 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.2024.V24.019-030

Abstract

To secure the funds that have been granted to the debtor, in loan agreement between creditor and debtor, a guarantee agreement is usually included. One form of collaterals that is most in demand is land collateral. This research aims to analyze funds security that has been handed over to debtors in connection with loan agreement and promises (clauses) inclusion in a Deed of Granting of Mortgage Rights. This normative research uses statutory, conceptual and interpretive approaches. This study examines several deeds to search and analyze the promises (clauses) in the guarantee agreement. The result shows that the loan agreement includes a promise to provide collateral that will be attached with mortgage rights, to secure the credit that has been given to the debtor as security for repayment of credit loan. Therefore, the loan agreement contains rights and obligations of parties as a form of prudential principles. Furthermore, a Deed of granting of mortgage rights considerably needs to include promises (clauses) as a manifestation of conditions related to the guarantee provided. In its regulation (Mortgage Rights Law), these promises are optional (not mandatory) being included in a Deed of granting of mortgage rights. However, in practice these promises are always included in a deed at the creditor’s request, with the aim being a kind of self-protection to creditor. However, Mortgage Rights Law also provides a balance of protection to debtors, namely promises that are prohibited from being included that creditors can immediately own the object of mortgage rights when the debtor defaults. If such promise is included, then the Deed of Granting of Mortgage Rights is null and void.
Disgorgement Fund untuk mewujudkan Corrective Justice sebagai upaya perlindungan hukum kepada investor di pasar modal Marsinta Simanjuntak
Jurnal Penelitian Hukum De Jure Vol 23, No 4 (2023): 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.2023.V23.473-482

Abstract

Disgorgement Fund is the repayment of funds obtained through illegal or unethical business transactions, imposed on violators by courts. Legal protection for capital market investors in Indonesia is not yet effective and optimal. There is no easy way to claim compensation for losses in the capital market because investors consider losses as an investment risk. This article aims to analyze the implementation of disgorgement funds and disgorgement fund practices to realize corrective justice as an effort to protect the law for capital market investors in Indonesia. The method used is normative legal research, using primary and secondary legal sources. Data analysis techniques use conceptual methods and statutory approach methods. The results of the analysis show that OJK issued disgorgement fund regulations as an effort to improve investor protection and law enforcement in the capital market through POJK No. 65/POJK.04/2020 and SEOJK No. 17/SEOJK.04/2021. The regulation of the disgorgement fund mechanism still needs improvement to prevent violators from enjoying illegal profits, recover investors’ losses, and take preventive measures against future violations. The Directorate of Sanctions Determination and Capital Market Grievances at OJK emphasizes that the order for disgorgement of funds is not a lawsuit from the investor through remedial action, aligning with the principle of corrective justice, where all parties have equal rights to seek redress. Tighter supervision should be implemented by OJK to prevent legal violations while ensuring equity in the restoration of rights and the effectiveness of the legal system in dealing with disputes in the capital market.

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