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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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Evaluasi Kebijakan Penilaian TKDN dalam Skema Penghitungan Berbasis Pengembangan Inovasi pada Perangkat Telepon Seluler Marzuki, Al Araf Assadallah; Situmorang, Mosgan
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.V24.159-174

Abstract

Article 35 of Minister of Industry Regulation No. 29 of 2017 states that besides manufacturing aspects, the calculation of Domestic Component Level (TKDN) for mobile devices may utilize an innovation-based calculation scheme. However, this policy is deemed biased as it only benefits large companies selling products without assembly in Indonesia, while their competitors have invested in local production infrastructure to fulfill TKDN obligations. This study aims to evaluate the TKDN Assessment Policy in the innovation-based calculation scheme. The research problem is whether this policy aligns with TKDN policies in Law No. 3 of 2014 concerning Industry. This research employs a normative legal approach, focusing on literature review and legislative analysis. Findings indicate that the TKDN regulation in the innovation-based calculation scheme provides flexibility for companies to meet TKDN standards more flexibly but also raises concerns about decreasing use of local components, contradicting the spirit of Law No. 3 of 2014, which promotes the use of domestic products to fulfill TKDN. Therefore, a thorough evaluation of the TKDN regulation in the innovation-based calculation scheme is needed to maintain the balance of the domestic industry.
Penataan Regulasi dalam Upaya Mendukung Restrukturisasi Badan Usaha Milik Negara Perkebunan Asnawi, Muhammad Iqbal; Tarigan, Vita Cita Emia; Perangin-angin, Christian Orchard; Sakti, M Permata; Lubis, Rommy Yudistira
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.V24.107-120

Abstract

The formation of a holdingholding to restructure the state-owned plantation industry cannot be separated from the government’s ability to control the country’s economic engine. Government Regulations Number 72 of 2014 and Number 72 of 2016 which were passed as legalizing the formation of BUMN holdingholding s have sparked controversy and public debate. The fundamental issue of this procedure is the Parent Company’s legal obligation to manage the Parent Company. In the relationship between parent companies and subsidiaries, the concept of limited liability presents its own problems. In addition, there is uncertainty regarding legal obligations to third parties. The research methodology is normative law which is supported and obtained from literature data. The findings of this study indicate that the use of the BUMN Law and Limited Liability Company Law as guidelines for managing Plantation BUMNs does not provide the business confidence that Plantation BUMNs need to grow and stay healthy. Considering that the business world continues to develop and the high need for group company management among business actors who carry out business development and expansion, adjustments to these two regulations are very important. The modern business paradigm has resulted in the consolidation of centralized operations in a way that drives growth. As a result, the formation of a holding companyholding company by the government is inappropriate if it is not preceded by changes to the Limited Liability Company Law which provides business certainty for established Plantation BUMNs.
Interlegality Perkawinan Beda Agama Vis a Vis Surat Edaran Mahkamah Agung Nomot 2 Tahun 2023 tentang Penolakan Permohonan Pencatatan Perkawinan Beda Agama di Indonesia Noer Yasin; Musataklima Musataklima; Ahmad Wahidi
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.V23.389-402

Abstract

The polemic of interfaith marriages is not a new problem at the legal level in Indonesia, especially with the issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023 for District Courts to reject requests for registration of interfaith marriages. This has caused pros and cons in the community. The purpose of this research is to elaborate on the impact on the independence of judges and the constitutional rights of marriage actors, as well as the position of SEMA when faced with the rights of interfaith marriages conducted abroad and brought to Indonesia. This research can enrich insights into the discourse of interfaith marriage in Indonesia. This research uses a normative legal research method that relies on primary, secondary, and tertiary legal materials analyzed prescriptively. The results of this study are, First, SEMA can interfere with the independence of judicial power itself, where the Supreme Court is one of the actor of SEMA. Secondly, SEMA impacts the non-fulfillment of the constitutional rights of actors of interfaith marriages to obtain legal certainty, equality before the law, and legal protection. Thirdly, SEMA can trigger smuggling of law in interfaith marriages where the legal consequences must be recognized based on the principles of rights derived from foreign law, the principle of reciprocity, and the principle of comitas gentium. These three principles underlie the inter legality of interfaith marriages, so they have transnational legality. This research recommends that the Supreme Court revoke the SEMA that has been issued.
Presidential Decree Number 62 of 2023: Distortion Regulation or Acceleration Solution for Agrarian Reform? Ramadhani, Rahmat; Hanifah, Ida; Wajdi, Farid
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.V24.031-042

Abstract

The implementation of Presidential Decree No. 62 of 2023 has substantively attempted to integrate several regulations at technically applicable level; however, on the other hand, it still raises several problems, particularly in relation to the provision of land for agrarian reform objects, land originating from forest areas. This study aimed to analyze the implementation of Presidentialial Decree No.   62 of 2023 as the latest regulation regarding the acceleration of agrarian reform activities in Indonesia as an effort to recognize that land is the greatest source of wealth for people as ordered by the constitution. To analyze the problem, the method used is type study law normative. One of the factors inhibiting agrarian reform from seeming slow in creating just and prosperous land is the dis-harmonization of regulations, that cause legal gaps. The method used is normative legal research with a statutory regulation approach. The sectoral egos and legal gaps can be put aside and released to joint policies between related institutions, and agrarian reform can achieve its main essence; namely making land a source of the greatest prosperity for people. The results show that regulatory disharmony has narrowed the space for implementing agrarian reform. The advice given in this paper is to create an acceleration of agrarian reform that is right on target in accordance with the targets set, all implementing stakeholders must comply with the norms set out in the Presidential Decree in question. Thus, it is feared that Presidential Decree No. 62 of 2023 will become a regulatory distortion, even though its implementation aimed to provide a regulatory solution in the context of accelerating agrarian reform in Indonesia.
Eksistensi Fiqih Wali Mujbir Syafi’i Ditinjau dari UU No.12 Tahun 2022 tentang Kejahatan Kekerasan Seksual Wafa, Zaein; Azmi, Miftahudin
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.279-294

Abstract

Forced marriage by guardians is recorded as a form of sexual violencein Indonesia. Government regulation Article 10 of Law No. 12 of 2022explains that forced marriage is divided into 3, namely child marriage, inthe name of culture, and rape victims. The background of this research isdue to the problem of the great authority held by the guardian of the mujbiras the guardian of the marriage of children or grandchildren. This greatauthority is in the form of forced marriage carried out by the guardian ofthe mujbir without the consent of the bride. The concept of the guardian ofthe mujbir is a concept contained in the views of the Imam Syafi’i schoolof thought, as one of the schools of thought widely used in Indonesia. Thepractice of the guardian of the mujbir in Indonesia certainly raises problemswhen associated with the provisions of Article 10 of Law Number 12 of2022, which states that forced marriage is a criminal act of sexual violence.So there are two legal problems. First, is it possible for the view of theImam Syafi’i school of thought on wali mujbir to be applied in Indonesiasecond, how is the legitimacy of the authority to force marriage held by thewali mujbir reviewed from the objectives of Islamic law maqashid shariaBy using the normative legal research method with a conceptual approachand literature study method, the results obtained are that the concept ofwali mujbir is contrary to Law Number 12 of 2022 because it causes forcedmarriage which is a criminal act of sexual violence so that the view onthe concept of wali mujbir cannot be implemented in Indonesia. Viewedfrom the perspective of its benefits, the concept of wali mujbir is not morebeneficial. It causes more forced marriage practices and does not protectwomen and their rights.
Keamanan Investasi Online: Evaluasi Regulasi Perlindungan Investor dalam Konteks Robot Trading di Indonesia Rizzal, Muhammad Saeful; Rustan, Ahmad; Ichlas, Rudy Iskandar
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.295-306

Abstract

Investment has become a new lifestyle for some people, as investment promotions typically entice potential investors with promising returns. In Indonesia, investments are broadly categorized into tangible and financial investments. This study aims to review the licensing system and protection for victims of online robot trading investments in Indonesia, focusing on safeguarding the public as investors. This research aims to provide knowledge so that the public can differentiate between legal and illegal investments, thus encouraging more cautious investment decisions. The method employed in this study is a normative juridical approach involving an analysis of existing laws and regulations, including the Consumer Protection Law, Capital Market Law, and regulations issued by the Financial Services Authority (OJK). A qualitative analysis of the collected data was conducted to assess the extent to which current regulations can protect the public from potential losses arising from investments in robot trading. The research findings indicate that the protection of victims in online robot trading investments in Indonesia needs to be strengthened and adapted to technological and market developments. Stricter and more specific regulations governing the operations of robot trading platforms are necessary. It is advisable for the public to exercise caution when engaging in online investments to avoid becoming victims.
Sinkronisasi Regulasi Green Bond Sebagai Pembiayaan untuk Konversi Baterai Kendaraan Listrik di Indonesia Endarto, Budi
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.215-228

Abstract

Transportation is still the largest emission-contributing sector in Indonesia. However, the Government has set an aggressive electrification target in the transportation sector if it needs to be balanced with a financing scheme for energy conversion towards battery electric vehicles (BEV). For this reason, BEV conversion industry players should utilize green bond financing schemes. The main issue lies in the need for more alignment between EV conversion industry regulations and financing models for the sector. However, the Government needs to harmonize rules and coordination among sectoral institutions such as the OJK, Ministry of Finance, Ministry of Industry, and Ministry of Transportation. Especially concerning Regulation Number 39 of 2023 regarding the Conversion of Fuel-Powered Motorcycles into Battery-Based Electric Motorcycles, and Minister of Transportation Regulation Number 15 of 2022 regarding Motor Vehicle Conversion to formulate green bonds as an alternative financing option for BEV programs. The method used in this writing is normative legal research of the exploratory type with a statutory and conceptual approach. The result shows that through the synchronization model of green bond financing regulations with the battery electric vehicle conversion regulation and coordination between sectoral institutions, it is expected to accelerate the commitment to realize net zero emission and as an effort to mitigate the energy crisis and reduce fuel energy subsidies in Indonesia.
Analisis Perbandingan Pendekatan Pengelolaan Lahan untuk Pembangunan Publik di Tanah Adat: Penekanan Bank Tanah Koperasi (BTK) dalam Studi Kasus Minangkabau Mahargita, Refina; Perdana, Ahmad Baikuni; Syaifullah, Muhammad Yusuf
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.307-320

Abstract

Customary land, known as tanah ulayat in Indonesia, holds a unique status that differentiates it from other land types, particularly when used for public purposes. Government land acquisition practices risk eroding this status, potentially affecting Indigenous social groups. Cooperation between the government and indigenous communities, through regional governments and other institutions, is recommended as an alternative approach to land acquisition. This research examines various land management tools, focusing on customary land in Minangkabau for public and development purposes. Using a juridical-normative method linked to legal products and content analysis of previous studies, the research identifies three key variables related to customary land: control, utilization, and legality. These variables are analyzed within the context of public interest and research limitations. Three land provision schemes are explored: Land Provision, Cooperative Land Banking (CLB), and Land Commercialization. Each scheme has distinct impacts on land ownership, legality, and the collective well-being of indigenous communities. While Land Provision offers immediate compensation but forfeits land control, CLB and Land Commercialization allow indigenous groups to retain land ownership, with CLB being the preferred option due to its promotion of sustainable land use and active community involvement. The study concludes that CLB is the most viable approach for ensuring long-term economic benefits and land control for Indigenous communities. However, it requires government support regarding legal adjustments and frameworks for cooperation.
Dekonstruksi Hukum Social Commerce Indonesia : Perspektif Demokrasi Ekonomi di Era Digitalisasi Supriyadi, Aditya Prastian
Jurnal Penelitian Hukum De Jure Vol 24, No 3 (2024): November 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.V24.229-246

Abstract

Social commerce (S-Commerce) comes from the disruption of business digitalizationthat explores social media. When s-commerce was developing, Indonesia bannedthe platform because it was considered to kill local businesses and capitalize onthe market. The decision can potentially contradict economic democracy in oneof the provisions of Article 33, paragraph (4) of the 1945 Constitution, whichopens up technological space for developing the national economy. The purposeof writing this article is to deconstruct economic democracy on commercial lawon social media as a Government policy that prohibits S-Commerce. The writingarticle uses normative legal research methods with statutory, legal comparison, andconceptual approaches. There are two research results in this article. First, at a timewhen significant nations are embracing technology at a rapid pace to boost theirbusinesses, the government’s decision to outlaw s-commerce has negatively impactedthe nation. Based on the doctrine of digitalization, economic law is not appropriate ifit has to ban S-Commerce. The business paradigm of the contemporary era must beintegrated with technology to compete with the development of the digital economy inthe global realm. Second, based on economic democracy in Article 33, paragraph (4)of the 1945 Constitution, S-Commerce manifests a national economy balanced withtechnological progress by the constitution’s mandate. S-Commerce law provisionsneed to be deconstructed using the principles of economic democracy. So, reasonablelegislative parameters may promote the growth of the digital economy while notjeopardizing the local economy.
Perkembangan Pernyataan Kehendak dan Keabsahannya dalam Smart Contract Ariyanto, Ariyanto
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.V24.199-214

Abstract

The development of Smart Contract in this regard can be attributed to the stability of Indonesian law, where methods for executing contracts have become increasingly sophisticated. With the rapid growth of technological developments that use Smart Contracts and the urgency of the extent to which the current laws in Indonesia can support their development, the question arises of how Smart Contract work? When does the meeting of minds occur in a Smart Contract? And, how is the fulfillment of the principle of consensualisme in Smart Contract viewed from the perspective of Article 1320 of the Civil Code? The research method in this study was carried out using a qualitative normative method .The results of this study show, Smart Contract works by running without a third party and written on the Blockchain. Second, there is a meeting of minds in the Smart Contract, where both parties who intend to bind themselves in the Smart Contract send their cryptographic encryption to commit to each other in the Smart Contract, as proof that both have mutually agreed. Third, the principle of consensualism in Smart Contract from the perspective of Article 1320 of the Civil Code shows that agreement is an essential foundation for the validity of an agreement, ensuring that each party involved has agreed to the existing provisions.

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