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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 199 Documents
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Kebijakan Formulasi dan Prospektif Penegakan Hukum Tindakan Kealpaan Tenaga Medis/Tenaga Kesehatan (Dinamika Pertanggungjawaban Pidana dalam Malpraktik Medis) Suyudi, Godeliva Ayudyana; Wildana, Dina Tsalist; Prihatmini, Sapti; Puspaningrum, Galuh
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.49-70

Abstract

Article 440 of the Health Act formulates criminal penalties for the negligence of medical persons/health workers in health services that result in serious injury or death. This study aimed to examine the urgency of the special provision formulation policy and its prospective law enforcement. This framework creates the general provisions of the Criminal Code applied in dealing with negligent acts of medical personnel/health workers resulting in serious injury or death of patients, which should be overridden based on “lex specialis derogat legi generali” principles. Health act in Article 440 as a material offence has special characteristics, whose assessment is based on professional standards and is oriented towards providing balanced legal protection for patients, health workers, and legal certainty for law enforcement officials. According to proving the elements of negligence and causal relationship in the context of therapeutic transactions, it is based on evidence according to KUHAP. Expert testimony occupies an important position in determining professional standards, including medical records and/or visum et repertum. As a material offense, Health Law Article 440 requires caution to achieve the goals of material truth and justice. It can be concluded that the law enforcement of negligence of medical/health workers must be based on the specificity of the unlawful nature of the act, which is different from general criminal offenses, with the benchmark of professional standards resting on the causal relationship between negligence and consequences through evidence, especially expert testimony.
Legal Protection for Consumers Receiving Defective Products in Online Transactions Purnaningrum, Sageta; Roisah, Kholis
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.94-108

Abstract

Legal protection for consumers receiving defective products in online transactions is critically needed due to the surge in e‑commerce, which has led to increased consumer complaints particularly regarding product quality and authenticity. Consumers often face urgency when encountering unclear seller identities and inadequate product information, resulting in financial losses from receiving defective goods. This situation underscores the necessity of legal accountability for producers and sellers and highlights the need for a robust framework to address consumer disputes effectively.This study aims to deepen understanding of consumer rights and seller obligations in digital marketplaces. Employing a normative legal research method, it analyzes relevant consumer protection legislation. The findings indicate that consumers have access to dispute resolution through the Consumer Dispute Resolution Agency (Badan Penyelesaian Sengketa Konsumen – BPSK). To strengthen legal protection in online transactions, enhanced oversight of business actors and public awareness‑raising regarding consumer rights are essential. Clear regulations and effective dispute‑resolution mechanisms will better safeguard consumers against unfair commercial practices.
The Role of Legal Theory in the Era of Digital Globalization: A Perspective of Law Theory as a Tool of Social Engineering Arvante, Jeremy Zefanya Yaka; Sulistyawan, Aditya Yuli; Riyanto, Yayan Puji
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.128-145

Abstract

The background of this research begins with the fact that modern society follows an exponential pattern of life, where society develops rapidly, leading to a gap between the new lifestyle and the laws that govern it. This is due to the static nature of law and its relatively slow process of reform and adaptation in comparison to the rapid development of society. Based on this problem background, the aim of this study is to analyze the theoretical review of sociological jurisprudence theory in the context of law and society in the era of digital globalization and to analyze and examine the role of legal theory in social life in the digital globalization era, from the perspective of law theory as a tool of social engineering. The research method used in this study is qualitative, with a conceptual, analytical, and philosophical approach. The findings of the research indicate that, given the VUCA (Volatile, Uncertain, Complex, and Ambiguous) characteristics of society, there is a need for the embodiment of law as social engineering in the process of change, and law as social control is also required as a means of controlling social engineering. The conclusion drawn from this study is that the theory of social engineering is ineffective if a country has characteristics with a positivist approach to law. Therefore, a country’s legal system must adopt a pluralistic approach to integrate aspects that go beyond just positive law.
Optimalisasi Pengelolaan Beban Kerja Hakim Dan Implikasinya Terhadap Integritas Dan Kualitas Peradilan Samiri, Muliani; Kasim, Muhammad Adil; Nonci, Nurjannah; Ahmad, Jamaluddin; Putra, Muhammad Alif Adimulia
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.108-127

Abstract

High workload is a major challenge for the Indonesian legal system. Judges face a high number and level of complexity of cases, which leads to a decline in the quality of decisions and the integrity of the judiciary. The purpose of this study is to analyze the impact of excessive workload on the quality of legal decisions, assess the relationship between workload and judicial integrity, and identify factors that trigger ethical violations. The method used in this study is a normative legal approach, analyzing secondary data from court decisions, annual reports of the Supreme Court, and relevant legal literature. The findings of this study indicate that high workloads lead to fatigue, high stress levels, and limited time for judges to thoroughly consider cases, which in turn trigger ethical violations, conflicts of interest, and inconsistent rulings. In conclusion, optimizing the workload by increasing the number of judges, improving case management, and strengthening the oversight system are some recommendations that need to be prioritized in the implementation of the judicial system.
Communal Rights vs Regional Development: Pursuing Justice for Comunal Customary Land Sakmaf, Marius Suprianto; Sasea, Enny Martha; Suryana, Atang; Paidi, Zulhilmi Bin; Ardani, Mira Novana
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.%p

Abstract

This study is motivated by conflicts of authority in the management of natural resources, particularly Tanah Ulayat of indigenous communities, which are often inadequately protected in the course of development and resource exploitation, including illegal mining. The primary objective of this research is to examine the position and authority of the state in managing Tanah Ulayat, to identify the legal implications of illegal mining practices on Tanah Ulayat, and to formulate a legal framework that is both just and constitutional. The study employs a normative juridical method combined with a constitutional approach and an indigenous peoples’ rights perspective. The findings reveal a legal vacuum in the protection of Tanah Ulayat, particularly when mining activities are carried out with customary approval but without state authorization. In conclusion, there is an urgent need for a legal framework that is responsive, participatory, and grounded in the principles of simultaneous development and the recognition of communal rights.
Policy Reformulation of Legal Protection for Cooperating Offender Witnesses (Justice Collaborators): A Case Study of Richard Eliezer Yoel, Veronika; Djatmika, Prija; Madjid, Abdul
Jurnal Pembangunan Hukum Indonesia Volume 7, Nomor 2, Tahun 2025
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i2.164-178

Abstract

Proving a criminal act is the most crucial aspect of criminal law enforcement. Reflecting on the case of the premeditated murder of Brigadier Nofriansyah Yosua Hutabarat, which the main perpetrator and other perpetrators tried to cover up, one of the perpetrators, Richard Eliezer, took the courage to volunteer to become a Justice Collaborator. The problem arose when the legal protection given to a justice collaborator was not also given to his family. Based on this issue, this study aims to discuss the issue of legal protection for justice collaborators and their families with a case study of Richard Eliezer and to examine the reformulation of legal protection for justice collaborators and their families in Indonesia. This study uses a normative juridical method. The results of the study show that, reflecting on the reality of legal protection for Richard Eliezer as a justice collaborator in case No. 798/Pid.B/2022/PN JKT.SEL, normatively, legal protection for the families of justice collaborators has not been clearly regulated, because the LPSK is passive in protecting the families of justice collaborators. The conclusion of this study is that the reformulation policy on protection for witnesses who cooperate (justice collaborators) in Indonesia, primarily consists of specific technical rules regarding the protection of justice collaborators and their families
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 Volume 7, Nomor 3, Tahun 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 Volume 7, Nomor 3, Tahun 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 Volume 7, Nomor 3, Tahun 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.%p

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.

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