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INDONESIA
JURNAL PEMBANGUNAN HUKUM INDONESIA
Published by Universitas Diponegoro
ISSN : 26566737     EISSN : 26563193     DOI : 10.14710/jphi.v1i1.1-17
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Fokus dan ruang lingkup Jurnal Pembangunan Hukum Indonesia meliputi artikel-artikel hasil penelitian maupun gagasan konseptual yang bertujuan untuk meningkatkan pemahaman dan penerapan hukum Indonesia dalam rangka membangun keilmuan di bidang hukum baik teori maupun praktek. Artikel Ilmiah terkait Hukum Ekonomi dan Bisnis, Pembaharuan Hukum Pidana, Hukum Internasional dan Hukum Tata Negara dalam rangka pengembangan, pembaharuan, dan pembangunan hukum Indonesia yang lebih baik diutamakan untuk diterbitkan dalam jurnal ini.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol 7, No 1 (2025)" : 9 Documents clear
Traditional Knowledge and Traditional Cultural Expressions as Communal Intellectual Property: Are They Protected Under the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge 2024? Samsithawrati, Putu Aras; Dharmawan, Ni Ketut Supasti; Putra, Made Aditya Pramana; Sawitri, Dewa Ayu Dian
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.1-26

Abstract

Indonesia has a culture and natural wealth that has the potential to be protected by Communal Intellectual Property (CIP). Indonesian national law has shown seriousness in the legal protection of CIP by issuing various CIP laws and regulations. However, the protection of CIP at the international level has only appeared with the issuance of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge GRATK/DC/7 2024 (WIPO Treaty GRATK/DC/7 2024) 2024. This paper examines the protection of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) as CIP in Indonesia and internationally through the WIPO Treaty GRATK/DC/7 2024. The normative legal research method is used with a statutory, conceptual, comparative and analytical approach. The results show that PP 56/2022 and Permenkumham 13/2017 provide sufficient protection for CIP works including TK and TCE, especially in the form of defensive protection (inventory and recording of CIP). WIPO Treaty GRATK/DC/7 2024 emphasizes genetic resources (GR) protection and TK related to GR and not TCE. However, TCE protection internationally is seen in the amendment to the Berne Convention, Article 15.4 through "anonymous works". WIPO Treaty GRATK/DC/7 2024 is an advancement in international recognition of the protection of CIP, especially TK related to GR. Internationally, this document is a legal umbrella to protect Indonesian CIP including TK that is used commercially considering that communities from regions in Indonesia are very rich in TK that they have inherited across generations.
Kebijakan Pencegahan Dan Penanganan Kekerasan Seksual di Lingkungan Perguruan Tinggi Handayani, Triana Dianita
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.27-42

Abstract

Criminal law enforcement is based on the principle of "equality before the law", however in practice criminal law enforcement against sexual violence in higher education environments has its own procedures, which influence the length of the criminal law enforcement process. This research aims to examine criminal law enforcement procedures for sexual violence in higher education environments. The research method used is normative juridical. The results of the research show that the policy for handling and preventing sexual violence in higher education, which is regulated in Minister of Education and Culture Regulation No. 46 of 2023 specifically stipulates that reports of alleged sexual violence in higher education can be submitted to the Violence Prevention and Handling Team (TPPK), Task Force, government regions in accordance with their authority and/or the Ministry. So the existence of these provisions has made it difficult to enforce criminal law against sexual violence in higher education.
Reformulation of Customary Criminal Law in the National Criminal Code Based on the Formation of Legislation Junaidi, Muhammad; Susanto, Yoghi Arief
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.43-60

Abstract

Customary criminal law, as a living law in society, holds a recognized position as an unwritten source of law. However, Article 2, Paragraph (3) of Law No. 1 of 2023 concerning the Criminal Code (KUHP) stipulates that customary law must be established through government regulations. This requirement poses a challenge and introduces new complexities in the reform of the National Criminal Code.This study aims to reconceptualize customary criminal law within the National Criminal Code based on the framework of statutory formation. The research adopts a doctrinal approach with a normative juridical method, utilizing legal sources such as legislation, jurisprudence, court decisions, and academic literature through a literature review. The analysis is conducted qualitatively.The findings reveal that customary criminal law already holds an equivalent position to statutory law and jurisprudence as an unwritten source of law. Therefore, formalizing customary law in the form of regional regulations is misguided. The application and procedural aspects of customary law should remain under the authority of indigenous communities. Meanwhile, the imposition of additional sanctions by judges should be regulated in the revised Criminal Procedure Code while respecting customary community norms.In conclusion, customary criminal law holds an equal position as an unwritten legal source and should remain recognized without requiring formalization through regional regulations. The state's role should be limited to providing protection and acknowledgment rather than enforcing formalization.
Tantangan Peran Notaris Dalam Proses Merger Konglomerat: PT Aplikasi Karya Anak Bangsa (Gojek) dan PT Tokopedia Shamira, Syarifah; Dianti, Flora
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.61-78

Abstract

Merger is a corporate legal action that combines two or more companies into one entity to increase efficiency, and business diversification. This research focuses on the conglomerate merger between PT Aplikasi Karya Anak Bangsa (Gojek) and PT Tokopedia, which formed a holding company called GoTo Group. The purpose of this study is to analyze the role of notaries in the stages of a conglomerate merger of public companies in accordance with applicable laws and regulations, such as the Limited Liability Company Law (UUPT) and POJK No. 74/POJK.04/2016. The research method used is normative juridical with an analytical descriptive approach. The results show that notaries have an important role in every stage of the GoTo conglomerate merger, starting from the preparation of the Merger Deed, changes to the Articles of Association, to the submission of documents to the Ministry of Law and Human Rights through the Legal Entity Administration System (SABH). In addition, the notary also ensured that the merger did not violate the principles of fair business competition in accordance with Law Number 5 Year 1999, and protected the rights of minority shareholders, creditors, and employees.
Optimization of Criminal Justice in Identifying Corruption Patterns in Government Administration and Development in Maluku Latupeirissa, Julianus Edwin; Titahelu, Juanrico Alfaromona Sumarezs
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.79-97

Abstract

Maluku Province, with its archipelagic characteristics, experiences the impact of corruption in nearly all its regencies and cities, where government officials often collaborate with private entities in corrupt practices. This study aims to discuss the optimization of the criminal justice system in identifying corruption patterns in government administration and development in Maluku Province. The research employs an empirical approach. The findings reveal five distinct corruption patterns in government administration and development in Maluku Province, jointly perpetrated by regional government officials and private actors. These patterns include land price manipulation, contract price inflation, overpayments, tax fraud, and fictitious activities.The study concludes that optimizing the role of the criminal justice system in identifying corruption patterns requires strengthening the institutional capacity of the Indonesian National Police (Polri) in its duties as a recipient of reports, investigator, and examiner of corruption cases. Moving forward, a more intensive coordination among all state institutions involved in criminal justice is necessary to support the government in addressing the growing issue of corruption
Community-Based Correction (CBC): Efforts to Achieve a Balance Between Rehabilitation and Social Justice Hamja, Hamja
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.137-149

Abstract

The criminal justice system in Indonesia has long played an important role in shaping societal norms and values, preventing crime, and ensuring public safety, thus fostering a secure and conducive environment. The concept of Community-Based Correction (CBC) has emerged as a progressive alternative that emphasizes a balance between rehabilitation principles and social justice. The purpose of this study is to analyze philosophical aspects, including reintegration and rehabilitation, restorative justice practices, community involvement and support, as well as the challenges and ethical considerations of community-based correction. The method used in this study is a normative juridical approach with philosophical analysis. The research concludes that the philosophy of community-based correction offers a glimmer of hope in the evolving criminal justice landscape. It emphasizes reintegration, rehabilitation, and restorative justice, challenging the punitive model as a comprehensive preventive solution. As society grapples with the complexities of criminal justice, community-based correction presents a promising way forward—an approach aimed not only at rehabilitating offenders but also healing communities and addressing systemic inequalities, ultimately creating a safer and fairer society.
A Juridical Study of the Death Penalty for Premeditated Murder in the Perspective of Indonesian Criminal Law Reform Agusta, Evelin Nur; Pujiyono, Pujiyono; Sa'adah, Nabitatus; Putra, Aista Wisnu
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.98-117

Abstract

One of the most serious crimes is premeditated murder because it is carried out with deliberate planning and conscious thought of the loss of the victim's life. The definition and specifications of the planning aspect in premeditated murder are not regulated in the Criminal Code. The deterrent effect of the death penalty in premeditated murder must be considered by the judge very carefully, because the death penalty is irreversible . In addition, in terms of the implementation of the death penalty which still reaps protests from human rights activists. This paper aims to re-describe the relevance and urgency of the death penalty in terms of punishment for perpetrators of premeditated murder. The type of research used in this writing is a type of doctrinal research, using an analytical approach method to the norms behind the text of the legislation, both legally and philosophically. This study produces an analysis of the element of planning in the Criminal Code and the conclusion is that there are no clear details about the element of "planning" in Article 34 of the old Criminal Code or Article 459 of the new Criminal Code.
Paradoks Perlindungan Kekayaan Intelektual dalam Pencetakan 3D Hasil Desain Artificial Intelligence (AI): Indonesia vs. Vietnam Disemadi, Hari Sutra; Agustianto, Agustianto
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.118-136

Abstract

The utilization of advanced technologies in the context of digital transformation plays a crucial role in economic progress and growth. However, the use of cutting-edge technologies such as AI and 3D printing must be supported by an adequate legal framework to prevent violations of intellectual property protection principles and avoid harming intellectual property holders. This study aims to explore the issues that may arise from the use of AI and 3D printing technologies. Using a normative legal research method with a comparative approach, this study analyzes the paradox of protection created by these issues, while highlighting the problems found in the legal norms of relevant legal frameworks, such as patent and industrial design regimes. The analysis reveals limitations in the application of the exhaustion doctrine, which could provide balanced protection for the use of these two advanced technologies. Based on these findings, the study offers recommendations for strategic legal development that could be applied by Indonesia and Vietnam, as two ASEAN countries with significant potential in the era of digital transformation.
Strukturasi dan Penguatan Ketahanan Desa: Tinjauan Hukum Atas Implementasi Sistem Pemerintahan Desa Berbasis Elektronik Nagara, Airlangga Surya; Maulana, Reza Ilham
Jurnal Pembangunan Hukum Indonesia Vol 7, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i1.150-179

Abstract

The modernization of village governance holds significant potential to enhance efficiency, transparency, and active community participation through Presidential Regulation No. 95 of 2018 and Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration No. 22 of 2019. However, its implementation faces challenges due to resistance rooted in social and cultural norms. This study aims to strengthen the structural resilience of villages through a socio-legal positivist approach, with a primary focus on reinforcing the legal system.The method employed in this research is a socio-legal approach using the PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) analysis technique. The findings reveal that technological changes in governance systems influence the structural relationship between agency and structure. The implementation of e-government as a means to enhance village resilience can be achieved through clarity in both structural and legal frameworks, utilizing socio-legal positivist analysis to address issues of social, cultural, and legal policy disparities.The conclusion drawn from this study indicates that village resilience can be reinforced through e-government, which depends on the readiness of social infrastructure and legal comprehension that reflects the local community’s cultural values.

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