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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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Pembangunan Hukum Nasional dalam Perspektif Teori dan Filsafat Hukum Mandala, Subianta
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.V24.321-334

Abstract

This paper discusses some strategic issues about national legal development, which is viewed in the light of legal theory and philosophy. The need to replace the laws of the colonial regime has been discussed for quite some time, and in fact, since Indonesia declared its independence. However, the process of replacing the Dutch laws and developing its own national law is quite slow. There are some strategies issues discussed in this writing, namely, among others: what is the legal politics/policy of the issue of legal unification and legal pluralism in Indonesia, what is the legal approach about the development of unwritten and written laws, what is the legal policy to address the issue of adat law as one of the material legal sources for the future Indonesian laws, and how jurisprudence (court decisions) may be used to develop Indonesian national legal system. With those backgrounds, the formulation of the problems is as follows: how can legal theory and philosophy be used as theoretical and philosophical argumentation to address some strategic issues of Indonesian legal development as mentioned above, and what is the legal politics/policy for the development of national legal system of Indonesia, in particular, of those strategic legal issues. The method used in this research paper is normative juridical or library research with a descriptive-qualitative analytical approach. The result of the research shows that, as of today, there are no official documents or any existing laws that comprehensively give direction to the legal politics/policy on the strategic issues of Indonesian legal development. In general, the discussion on the issues of national legal development is limited among legal experts and academicians, and the debate on contentious issues has fundamental arguments based on legal theory/philosophy. So far, legal positivism has a a significant influence on the way we respond to those strategic issues. However, there has been an interesting development recently. We can gradually see a paradigm shifting from legal positivistic to a more sociological, human and ethical approach.
Penggunaan Kecerdasan Buatan (Artificial Intelligence) sebagai Bahan Pertimbangan Putusan Hakim dalam Sistem Peradilan Pidana di Indonesia Fatoni, Syamsul; Rusdiana, Erma
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.V24.247-264

Abstract

This study evaluates the integration of artificial intelligence in the judicial processes, focusing on how technology can promote fairness in the Indonesian Criminal Justice system, where there are no specific guidelines for using AI in legal proceedings. The research follows a normative legal approach, analyzing laws and court cases and comparative methods using various legal sources and qualitative analysis methods. The findings reveal that incorporating AI in the judge's decision-making process aids in assessing information and data, facilitating optimal, effective, and efficient decision-making.  On the other hand, incorporating AI into the decision-making process of judges within the Criminal Justice System implies that judges act as a smaller version of the system itself, considering various factors such as examination records, charges, and real-life circumstances impacted by social, cultural, and economic elements. Ultimately, integrating AI into the evidential process for judicial decision-making aims to align the criminal justice system with factual situations and the goals of punishment. It is recommended that the use of AI in legal proceedings should not only focus on algorithm-based legal aspects but also take into account non-legal aspects such as humanitarian, social, and economic conditions that contribute to criminal activities. This holistic approach is crucial for ensuring alignment in the Criminal Justice System to uphold legal, moral, and societal justice.  The role of the Supreme Court is no exception in providing guidance and supervision of Judges regarding the use of technology, including legal legalization, while still paying attention to law, ethics, social values , and just legal principles.
Promosi Ikatan Sosial Berkelanjutan berdasarkan Perspektif Konstitusi Indonesia Indriastuty, Dwi Elok; Fithri, Nur Hidayatul
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.V24.265-278

Abstract

Social bonds are one of the types of bonds based on available themes regulated in POJK No 18 of 2023. The drafting of POJK 18/2023 did not consider regulations from either a theoretical or constitutional perspective, which should be the main consideration for any legislative regulation. This article is the result of research aimed at finding arguments and constitutional rationality related to the regulation of social bonds, sustainable bonds, and sustainability-related bonds. As a result, research on the constitutional analysis of Indonesia's social securities regulation becomes highly important, considering that the constitution serves as the source of legitimacy or the foundation of `authorization for laws and regulations beneath it. According to universal legal principles, laws and regulations that are subordinate to the constitution must not contradict higher laws This is where the concept of legal hierarchy and regulations becomes necessary, so that regulations do not conflict with those above them in the hierarchy, including the highest point, which is the constitution. The research method used in this study is normative exploratory legal research with a constitutional approach and a conceptual approach. It is clear that this article will closely examine several areas of social bond regulation from the perspective of the Indonesian Constitution .The research findings reveal juridical arguments and rationality that, as a welfare-oriented state in its constitution and born from its collectivist cultural background, social bond regulation aligns with the principles of the constitution applicable in Indonesia.
Pasar Digital dan Eksploitasi Data: Mengatasi Penyalahgunaan Dominasi Berdasarkan Hukum Persaingan Usaha Indonesia Taufiqurrohman, Moch. Marsa; Lita, Helza Nova; Adrian Pah, Gress Gustia
Jurnal Penelitian Hukum De Jure Vol 25, No 1 (2025): 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.2025.V25.1-18

Abstract

Practices exploiting personal data, particularly by dominant players, can lead to unfair competitive advantages. The power derived from service providers' access and control over users' data can capture the market from existing competitors and potential entrants, potentially resulting in higher and even discriminatory consumer prices. This article, employing a combination of normative juridical research and Reform-Oriented Research methodology, aims to establish the exploitation of personal data as a form of abuse of the dominant position in the digital market under Indonesian competition law. The article argues that the practices of digital service providers exploiting personal data, facilitated by the conditions of the digital market and their dominant positions, create barriers for competitors and deter potential entrants. This ultimately meets the element of abuse of dominant position under Article 25 of Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition, rendering such practices per se illegal. The article concludes by suggesting that lawmakers should establish a framework and adequate regulations to address the exploitation of personal data by business actors in the digital market. This would promote fair business competition and protect the interests of digital service users. 
Hustle Culture: Celah Pelanggaran terhadap Hukum Ketenagakerjaan Nugrahani, Ellen Lutya Putri; Rafsanjani, Jody Imam; Anggayudha, Zaihan Harmaen; Nasution, Hilmi Ardani
Jurnal Penelitian Hukum De Jure Vol 25, No 1 (2025): 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.2025.V25.19-34

Abstract

Hustle Culture promotes hard work and exceeding standard working hours as a pathway to career success. However, it is often exploited to justify practices that violate labor laws, such as forcing employees to work beyond regulated hours without fair overtime pay or compensation. While seen as a driver of productivity, Hustle Culture risks undermining workers’ rights and well-being. This article examines how companies misuse Hustle Culture to manipulate employees into working excessively, potentially breaching labor laws. It also explores the balance between hard work and the protection of workers’ rights, emphasizing the need for healthy and sustainable work environments. Using a normative method with a qualitative descriptive approach, the study analyzes relevant legal documents. Findings indicate that Hustle Culture can be weaponized by employers to coerce excessive labor, disregarding the negative impacts on workers’ physical and mental health. Such practices not only harm employee welfare but also risk violating labor laws on working hours and overtime pay. This research highlights the importance of aligning workplace expectations with legal protections to ensure fair treatment and long-term sustainability in professional environments.
Menerapkan Pasal 18B Ayat (1) UUD 1945: Diskursus tentang Konstitusionalitas Pemerintahan Daerah Khusus Ibu Kota Nusantara Sadiawati, Diani; Setiadi, Wicipto; Hanggawan, Miftah Farid
Jurnal Penelitian Hukum De Jure Vol 25, No 1 (2025): 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.2025.V25.35-48

Abstract

Law No. 3 of 2022 on the National Capital, as amended by Law No. 21 of 2023, has sparked legal and academic debates, particularly regarding its constitutionality. Despite six judicial review petitions in the Constitutional Court, the Special Regional Government of Nusantara Capital (Pemdasus Ibu Kota Nusantara) has not been comprehensively assessed. This study examines its constitutionality based on the 1945 Constitution (UUD 1945), global practices, and Constitutional Court rulings, focusing on three key issues: the nomenclature of Nusantara Capital, the status and leadership appointment of the Nusantara Capital Authority, and the absence of a Regional People's Representative Council (DPRD). Using a juridical-normative approach, this study analyzes UUD 1945, the National Capital Law, Constitutional Court decisions, and academic literature. The findings highlight three main points. First, Nusantara’s nomenclature aligns with Article 18B(1) of UUD 1945, which recognizes special regions. Second, the status and leadership appointment mechanism of the Nusantara Capital Authority do not violate Article 18(4), as confirmed in Constitutional Court Decision No. 11/PUU-IV/2008. Third, the absence of a DPRD is constitutionally valid since special regions allow institutional variations, as affirmed in Constitutional Court Decisions No. 81/PUU-VIII/2010 and No. 11/PUU-IV/2008. In conclusion, Nusantara’s governance is constitutionally grounded in Article 18B(1) of UUD 1945 and relevant Constitutional Court rulings. Its flexible institutional design remains valid as long as it is legally established.
Kejahatan, Moralitas dan Dekolonisasi: Analisis Perbandingan Kritis terhadap Reformasi Hukum Pidana di Indonesia dan India Kavia, Aditi Singh; Chouhan, Karan Singh
Jurnal Penelitian Hukum De Jure Vol 25, No 1 (2025): 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.2025.V25.49-66

Abstract

The criminal laws have undergone a comprehensive reform with the enactment of the Kitab Undang-Undang Hukum Pidana (KUHP), 2023 in Indonesia and  Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), 2023 in India. Those circumstances have raised serious questions concerning human rights. The newly enacted Criminal laws were introduced as a comprehensive reform to supersede the outdated colonial-era legislation, with the intention of dismantling colonial legacy. This study endeavors to conduct a critical evaluation of the extent to which recent criminal law reforms in Indonesia and India conform to the principles of decolonization. Specifically, it examines whether these reforms aligns with legal morality and human rights, evaluating whether they dismantle colonial legal legacies or inadvertently reinforce them. Furthermore, it aims to conceptualize various frameworks of morality, its nexus with law and explores the morality dilemmas by situating the study within the theoretical framework of decolonization. The research follows a comparative and doctrinal legal research approach, critically analyzing offenses against state, morality and religion-based offenses such as blasphemy, adultery, sedition, homosexuality, abortion among others. The findings of the study reveal that reforms of criminal codes have instead reinforced colonial morality and has disproportionality affected human rights of minorities. Through this study, the author concludes that true decolonization can be achieved when the colonial structures are questioned, colonial institutions are dismantled and the laws are in alignment with the international human rights standards. It is also recommended that the reform process should be continuous, democratic, empirical and ensure traditional belief and  moralities are respected without infringing on individual rights.
Analisis Perbandingan Penerapan Konsep Checks and Balances dalam Proses Legislasi di Amerika Serikat, Rusia, dan Indonesia Dirkareshza, Rianda; NAM Sihombing, Eka; Fauzan, Muhammad
Jurnal Penelitian Hukum De Jure Vol 25, No 1 (2025): 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.2025.V25.67-80

Abstract

In the framework of Indonesia’s constitutional governance, the principle of checks and balances among constitutional institutions is an essential component of the legal system. Indonesia adopts a bicameral legislative system involving the House of Representatives (Dewan Perwakilan Rakyat; DPR) and the Regional Representative Council (Dewan Perwakilan Daerah; DPD). However, DPD possesses limited legislative authority, particularly in drafting laws. Additionally, judicial oversight is conducted by the Supreme Court (Mahkamah Agung/MA). This issue gives rise to research questions pertaining to  raised in this study are about the oversight concept in the lawmaking process from the perspective of comparative constitutionalism and the reconstruction of the oversight concept to realize enhance checks and balances. This study employs a mixed -method approach, incorporating normative-juridical, comparative, and conceptual methodologies  and legislative analysis. The findings indicate that Indonesia implements a soft bicameral concept characterized by an asymmetry of authority with in between the two both chambers in the lawmaking process, with the Constitutional Court acting as the primary a judicial oversight mechanism. In contrast, the United States and Russia maintain robust internal oversight within their legislative institutions, complemented judicial authority to oversee law implementation, thereby reinforcing  checks and balances between the legislative and judicial branches. It is recommended that the oversight framework within Indonesia’s legislative process be strengthened by reconstructing oversight mechanisms through the expansion of the DPD’s role, particularly in reviewing, approving, or vetoing draft legislation. This expansion is advised to enhance internal legislative oversight and create a more balanced system of checks and balances between legislative bodies. Furthermore, the reconstruction of oversight concepts in the lawmaking process should be pursued by granting the DPD greater authority to accept or veto draft laws, thereby reinforcing internal oversight within the legislative process
Pengaturan Penipuan dalam Hukum Perdata: Studi Perbandingan KUHPerdata Indonesia dengan Nieuw Burgerlijk Wetboek Belanda Ariyanto Ariyanto
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.V23.455-472

Abstract

A person who commits fraud will move something as if something happened and was right but the act does not correspond to reality. The purpose of this study is to examine the elements of Fraud in Article 1328 of the Indonesian Civil Code and examine the regulation of fraud (bedrog) in the civil code in the Netherlands. This research is a Normative Legal Research which is legal research carried out by examining library materials or secondary data. Normative legal research is also called doctrinal legal research. The results indicated that the explanation of the definition of fraud (bedrog) has been regulated in Article 1328 of the Civil Code, but the substantial understanding has not been regulated in Article 1328 of the Indonesian Civil Code, fraud in Dutch civil law is regulated in article 3:44 Nieuw Burgerlijk Wetboek. The recommendation that the author can note is that as one of the countries adopted by Indonesia, it is appropriate for Fraud to get elaboration and technical procedures to identify Fraud as a defect of will. Bedrog is defined by definition as an act in which a party entices another party to take certain legal actions by, among others: making false and deliberate statements; deliberately not disclosing the fact that it should be mandatory to disclose, and intentionally withholding or providing incomplete information. The formulation of the definition in the NBW should be a reference in the renewal of the Civil Code related to Bedrog.
Mewujudkan Keadilan Realitas dalam Putusan Penguasaan Anak Melalui Pendekatan Interkoneksi Sistem Kurniawan, M. Beni
Jurnal Penelitian Hukum De Jure Vol 25, No 2 (2025): 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.2025.V25.103-114

Abstract

Child custody disputes are one of the absolute authorities of religious courts. In 2023 there were 1526 (one thousand five hundred and twenty six) cases of child custody disputes examined and decided by all religious courts in Indonesia. The problem is that even though the court has given a decision that is legally binding on the child custody holder, the reality is that many of the religious court decisions are not heeded by the losing party due to several factors, including hiding the child, taking the child away, or inciting the child, which has an impact on the non-executionability of the child custody decision. Departing from this problem, this paper formulates the problem of how legal regulations in Indonesia regulate child custody and how the application of the interconnection system in carrying out child custody decisions. This paper applies normative juridical research methods by examining related legal documents as the main source of reference. the author's findings that for the realization of reality justice in child custody decisions, the Court can adopt an inter-connection system by involving relevant to prevent non-executable decisions.

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