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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
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Search results for , issue "Vol 7, No 3 (2025)" : 9 Documents clear
The Application of the Res Ipsa Loquitur Doctrine as a Principle of Evidence in Medical Malpractice Adonara, Firman Floranta; Ohoiwutun, Y.A. Triana; Taniady, Vicko
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.179-197

Abstract

This paper aims to discuss the doctrine of res ipsa loquitur as an unlawful act in medical malpractice and its implications on the balance of protection for patients and medical personnel after the enactment of the Health Law. The urgency of this paper lies in examining the applicability of the res ipsa loquitur doctrine in relation to Articles 310 and 440 of the Health Law. The application of the res ipsa loquitur doctrine in proving medical malpractice cases is strategic in determining the existence or absence of unlawful acts due to negligence. The res ipsa loquitur doctrine makes it easier for patients as plaintiffs to prove negligence through a reverse burden of proof mechanism by medical personnel. Although not a formal piece of evidence, the res ipsa loquitur doctrine can be used as a relevant legal basis, especially when supported by medical records, to assess the conformity of medical actions with professional standards and operational procedures. The legal relationship in therapeutic transactions, which is asymmetrical in nature, requires proportional protection, both in relation to the provisions of Article 310 of the Health Law, which encourages non-litigation dispute resolution, and in relation to Article 440, which opens up criminal law channels for serious negligence in medical services. Therefore, the application of the res ipsa loquitur doctrine in criminal law must be strictly limited through a restorative justice approach as a fair alternative with balanced protection interests for patients and medical personnel.
Asset Seizure Regulations Against Public Officials with Unexplained Wealth (A Comparative Study of the Philippines and Australia) Dewi, Dewa Ayu Susanti; Wulandari, Ni Gusti Agung Ayu Mas Tri; Putri, Luh Putu Yeyen Karista
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.377-404

Abstract

The Draft Law on Asset Seizure, which includes the concepts of unexplained wealth and non-conviction based (NCB), is a regulation that urgently needs to be passed in Indonesia. This is due to the increasing losses suffered by the state as a result of corruption involving public officials. This legal instrument will strengthen the state's efforts to execute assets derived from corruption without having to wait for a final and binding court decision. Several countries have successfully implemented this concept, including Singapore and the Philippines, in order to accelerate the process of confiscating the assets of corruptors. This study aims to examine the regulations on asset reporting by public officials in uncovering unexplained wealth and to review the regulations on asset confiscation from officials based on unexplained wealth in Indonesia, Australia, and the Philippines. The method used is a normative approach with comparative legal analysis. The results of the study show that Australia, through the Unexplained Wealth Order (UWO), and the Philippines, through Republic Act No. 1379, have regulated the mechanism for seizing assets without waiting for the completion of criminal proceedings. This proves that the NCB approach is effective in combating illegal wealth. The conclusion of this study is that Indonesia needs to immediately pass the Asset Seizure Bill by applying the concepts of unexplained wealth and NCB as in Singapore and the Philippines so that corruption enforcement is more optimal and in line with international practices.
Reconstruction of Arbitration Agreement Arrangements to Prevent Pathological Arbitration Clauses in Indonesia Nugrahenti, Meydora Cahya; Herliana, Herliana; Sugiharti, Rr. Retno
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.405-427

Abstract

Pathological arbitration clauses can hinder the arbitration process and open up opportunities for the parties to avoid arbitration or challenge its decision. These clauses may arise due to deliberate intent or a lack of understanding on the part of the parties. Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution (AAPS Law) does regulate arbitration agreements, but it is not comprehensive in preventing the emergence of pathological clauses. This study aims to identify forms of pathological arbitration clauses that hinder the effectiveness of arbitration and to formulate a reconstruction of arbitration agreement regulations to prevent them in Indonesia. The research method used is juridical-normative with an emphasis on legal norms as the main object. The data used consists of primary and secondary legal materials through legislative, analytical, comparative, and conceptual approaches. The results of the study show that pathological arbitration clauses hinder arbitration because they contain ambiguities, such as unclear arbitration authority to resolve disputes, the existence of options for the parties to choose a court, and the appointment of unavailable arbitrators. To prevent pathological arbitration clauses, Article 9 of the AAPS Law needs to be reconstructed by including arbitration clause regulations that explicitly state the authority of arbitration without exception. The conclusion of this study is that there are pathological clauses in the agreement and therefore the reconstruction of Article 9 of the AAPS Law is carried out by providing legal certainty on the pactum de compromittendo in the arbitration agreement.
Rohingya in Aceh: Human Rights Vs Security Justice Islamic Law Perspective Ismayawati, Any; Ngazizah, Inna Fauziatal; Abd Aziz, Saidatul Nadia
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.428-444

Abstract

The humanitarian crisis affecting the Rohingya ethnic group has driven thousands of asylum seekers to Southeast Asia, including Aceh Province, where the majority of the population is Muslim and Sharia law is applied. This situation raises important issues regarding the protection of human rights for both the Muslim community in Aceh and Rohingya asylum seekers. The purpose of this study is to analyse the Islamic legal perspective on human rights protection in Aceh and to examine the dilemma between security and humanity in the handling of Rohingya refugees. The method used is descriptive qualitative study with a normative-sociological approach through analysis of literature, Aceh sharia regulations, and international and national human rights documents. The results of the study show that Islamic legal principles, such as hifz al-nafs and hifz al-insaniyyah, provide a strong basis for the acceptance and protection of refugees. However, their implementation faces challenges in the form of social resistance, limited facilities, and concerns about local security disturbances. The conclusion that can be drawn is that human rights protection in Aceh can only be effective if there is harmonisation between Sharia values, security policies, and humanitarian commitments through the synergy of the government, religious scholars, and the community.
Evaluating the Fulfillment of Health Rights for Persons with Disabilities in Jakarta’s Community Health Centers Liany, Lusy; Purwaningsih, Endang; Basrowi, Basrowi; Queroda, Phillip G; Iskandar, Farhan Putra
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.445-468

Abstract

Access to equitable health services is a priority in guaranteeing human rights, especially for persons with disabilities, which is implemented in the primary health service systems of developing countries. Although there is a comprehensive legal framework, structural and institutional barriers are essential in the fulfillment of inclusive health services. This study provides an analysis of the obstacles and implementation of the fulfillment of health rights of persons with disabilities at the Jatinegara Kaum Health Center. Puskesmas are at the forefront of providing health services, in line with the goals of Law Number 8 of 2016. The Jatinegara Kaum Health Center is the object of research because there is the highest population of people with disabilities in DKI Jakarta. The research was conducted by combining a legal framework with empirical data in the form of interviews, field observations, and document analysis, to evaluate systemic health service delivery practices. This study found a gap in the fulfillment of health rights with positive legal regulations that apply. Obstacles include limited infrastructure, limited medicines, supporting equipment, and lack of competence of medical personnel and the involvement of families of people with disabilities. This research provides recommendations for improving inclusive health facilities, the competence of health workers through special training, maximum allocation of funds, and cross-sectoral collaboration, in order to fulfill the health rights of persons with disabilities in a comprehensive and comprehensive manner.
The Relevance of Financial Services Authority Policy Direction on Fintech Lending in Realising Sustainable Development Goals Haliwela, Nancy Silvana; Sunarno, Sunarno; Masum, Ahmad
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.469-491

Abstract

Sustainable Development Goals (SDGs) in the economic sector cover various aspects, including poverty-oriented economic development. The financial sector has undergone modernisation marked by the emergence of financial technology (fintech). In Indonesia, fintech is regulated by Financial Services Authority Regulation (POJK) No. 40 of 2024, but this regulation has weaknesses. This study aims to identify the relevance between SDG principles and current fintech practices and to formulate the direction of POJK No. 40 of 2024 on fintech lending in realising SDGs in Indonesia. The research method used is normative juridical based on literature, referring to laws and regulations, books, journals, and supporting data. The analysis was conducted descriptively through a legal and conceptual approach. The results of the study indicate that fintech lending has a strong connection with the SDGs pillars, so fintech policies need to be directed in line with the vision of sustainable development. The regulations in POJK No. 40 of 2024 have the potential to hinder the establishment of business entities and trigger the emergence of illegal services. Therefore, a balance of policies and increased socialisation are needed to improve the legal culture of society.
Complaints Regarding Trademark Crimes Against Trademark Holders and Consumer Protection Masrur, Devica Rully; Irawati, Irawati; Tigor, Antonius Alexander
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.492-513

Abstract

The background of this paper is the existence of illegal trademark infringement according to the Trademark and Geographical Indications Law on registered trademarks by other parties, especially for the same or similar goods or services that have the potential to mislead consumers. Referring to this, trademark crimes can only be reported as absolute offenses that can only be reported by trademark holders. The purpose of this study is to examine the mechanism of absolute offenses in the enforcement of trademark criminal law in Indonesia based on the Trademark and Geographical Indications Law, as well as its implications for the protection of trademark holders and consumers. This research is normative legal research with a legislative approach. The results of the study state that the initiation of criminal proceedings is entirely through the mechanism of absolute complaint offenses. However, these absolute complaint offenses have the potential to hinder the enforcement of trademark infringement laws, because the provisions of complaint offenses in trademark crimes are also not in line with the objectives of consumer protection as stipulated in the Consumer Protection Law. The conclusion obtained from this study is based on the theory of Roscoe Pound's balance and Pancasila Prismatics, it is necessary to re-arrange the absolute complaint offense from trademark crimes to relative complaint offenses. Thus, consumers as parties who are directly harmed by the circulation of counterfeit goods have the legitimacy to file a criminal trademark complaint
Crypto Regulation and Anti Money Laundering in Indonesia: A Comparative European Union and Switzerland Fahmi, Akrimna Binuril; Satya, Adhika Mahindra; Setiyono, Joko; Wijayantini, Bayu; Abusaada, Husam A. Y.
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.514-541

Abstract

The rapid expansion of cryptocurrency assets has intensified the risks related to money laundering. In Indonesia, the regulatory framework governing crypto assets remains fragmented, largely depending on anti-money laundering laws and sector-specific regulations that are not designed for decentralized, cross-border digital assets. This lack of regulatory cohesion is apparent through the overlapping jurisdictions of the Commodity Futures Trading Regulatory Agency (Bappebti), the Financial Services Authority (OJK), and Bank Indonesia, resulting in inconsistencies in licensing, oversight, and enforcement practices. The purpose of this study is to analyse normative weaknesses within Indonesia’s crypto asset regulatory framework and to examine comparative regulatory models. The method used is normative legal research employing statutory, conceptual, and comparative approaches based on secondary legal materials. The results show that the absence of a lex specialis for crypto assets undermines regulatory coherence, weakens institutional coordination, and reduces the effectiveness of preventive and repressive measures at the placement, layering, and integration stages. Comparative analysis demonstrates that the European Union, through the Markets in Crypto Assets Regulation MiCA, applies a prescriptive harmonised framework with centralised supervision. At the same time, Switzerland adopts a functional integrative approach within existing legal regimes. The conclusion is that Indonesia should pursue selective regulatory adaptation combining normative certainty, institutional strengthening, and a supportive legal culture to ensure effective crypto asset regulation.
Review of Legal Compliance of Funding Models and Pivoting Events of Indonesian Digital Start-ups Destyarini, Normalita; Paulus, Darminto Hartono; Anditya, Ariesta Wibisono
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.542-561

Abstract

The existence of digital start-up growth in the existence of digital start-ups that are still looking for a business model so that it can be possible to make changes to the business model in the acceleration process, this affects the funding agreement made by the accelerator. So it is necessary to know the funding scheme for the establishment of digital start-ups and the impact of changing business models on investment contracts. The purpose of this paper is to determine the legal relationship of accelerators, in this case venture capital, to digital start-up in Indonesia, funding schemes and the legal consequences of changing business models by digital start-ups. The research method used is normative juridical, the research specification used is descriptive-analytical. The results showed that funding by Venture capital using convertible notes instrument, against investment contracts if digital start-ups do pivot. It is concluded from the results of the research that the implementation of funding by Ventures Capital will re-do the agreement with the assessment indikator. The implementation is carried out based on the Law of BUMN the Law of Limited Liability Company, the Law of Investment and the Venture capital Head Company Articles of Association.

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