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INDONESIA
JOURNAL of LEGAL RESEARCH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 27157172     EISSN : 27157164     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 3, No 1 (2021)" : 10 Documents clear
Problematika Penerapan Sistem Omnibus Law Ke Dalam Sistem Hukum Nasional Indonesia Melalui Undang-Undang No.11 Tahun 2020 Tentang Cipta Lapangan Kerja Ahmad Azharil
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i1.19293

Abstract

AbstractThe obstruction of national economic growth due to the long bureaucratic process for business licensing is one of the reasons for the government to create an omnibus law concept in Indonesian Act concerning Job Creation No. 11 of 2020 (JC Act). In fact, the noble ideals outlined in the creation of the JC Act have received a lot of harsh criticism from among the public, workers, academics, and activists in the field of manpower and the environment. Some of the fundamental problems in the creation of the JC Act lie in the absence of public participation in the drafting and deliberation of the Indonesian Parilement, and one of them has the potential to damage environmental sustainability. The omnibus law of the JC Act is a legal model in countries adhering to the common law system that was born due to overcoming regulatory problems in the country caused by the number of regulatory barriers and problems in a field such as the economy. The omnibus law is the concept of simplifying the rules so that they can be implemented properly in order to create an effective, efficient, and stimulating government bureaucracy for national economic progress. Indonesia as a country based on a civil law system is not an obstacle to implementing the omnibus law concept as long as its development and application follows the provisions of the formation of statutory provisions. The concept of the omnibus law contained in the JC Act in the Indonesian national legal system has many substance problems in its articles, including the simplification of the Environmental Impact Assessment (EIA) preparation process by not involving the community as the party whose function is to provide input and correction to the EIA initiator. This will have the potential to sustain the environment as an ecosystem that cannot be separated from people's lives.Keywords : Obstructed, Economy, Creation, Work, Environment
Penyelesaian Kasus Tindak Pidana Anak Melalui Diversi Dalam Perspektif Sistem Peradilan Pidana Anak Azhary Ramadhan; Kamarusdiana Kamarusdiana; Soefyanto Soefyanto
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19581

Abstract

This study aims to determine the application of restorative justice in Indonesia in child criminal cases. This study aims to answer whether the principles of restorative justice can be applied in Indonesia with the prevailing legal system, as well as to answer whether the application of diversion against juvenile justice in Indonesia is in accordance with the principles of restorative justice. This research is a normative legal research using the statue approach or the law approach with primary data sources, namely the Law on the Juvenile Criminal Justice System Number 11 of 2012, with data processing based on data on the application of diversion in Indonesia, then analyzed in the form of statements and diagrams. This study uses the theory of Lawrence M. Friedman which is associated with Islamic law, as well as the theory of Restorative Justice and the theory of legal benefits. The results showed that the application of restorative justice in Indonesia found that law enforcers in implementing diversion were still quite low, because according to records there were still many law enforcers at the level of the police, prosecutors and courts who had not been effective in implementing diversion in juvenile justice.Keywords: Restorative Justice, Diversion, Children Facing the Law
Penerapan Diversi Oleh Penyidik dalam Tindak Pidana Anak di Polres Metro Jakarta Selatan Siti Aniza Rahmah; Kamarusdiana Kamarusdiana; Mara Sutan Rambe
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19705

Abstract

Studi ini bertujuan untuk menjelaskan penerapan diversi dan peran penyidik pada kurun waktu 2018-2019 dalam kasus tindak pidana yang dilakukan anak, dengan mengacu pada Undang-Undang Nomor 11 Tahun 2012 tentang Sistem peradilan Pidana Anak. Serta faktor pendukung dan penghambat dalam penerapan diversi pada tahap penyidikan di Polres Metro Jakarta Selatan. Penelitian ini menggunakan jenis penelitian normatif empiris. Penelitian yang dilakukan dengan melakukan pengkajian bahan primer yaitu peraturan perundang-undangan dan penelitian di Polres Metro Jakarta Selatan, pengkajian bahan sekunder yaitu dengan buku-buku, jurnal, dan literasi yang berhubungan dengan yang diteliti. Hasil penelitian menunjukkan bahwa penyidik di Polres Metro Jakarta Selatan dalam proses diversi pelaksanaan yang dilakukan dalam peran penyidik belum sepenuhnya dapat dijalankan sebagaimana yang tercantum dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak pada Pasal 27 dan Pasal 29 dalam Sistem Peradilan Pidana Anak. Terdapat faktor penghambat yakni adanya intervensi atau paksaan dari pihak korban untuk tidak adanya proses diversi. Kata Kunci : Penyidikan, Diversi, Tindak pidana Anak 
Kepastian Hukum Terkait Kewajiban Pengurusan Izin Menggunakan Tenaga Kerja Asing Dan Penerapannya Syafita Shafira
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19369

Abstract

This research discusses legal certainty regarding the obligation to obtain permits to use foreign workers (IMTA) as regulated in Law Number 13 of 2003 concerning manpower, and knows the judges' considerations in the decision Number 51 / Pdt.G / 2015 / PN.bil between the plaintiff named G Raymond Pical and the defendant, namely PT. A. Schulman International. In addition, to find out how to solve the problems of foreign workers who work in Indonesia without a permit to employ foreign workers (IMTA). The results of this thesis research show that the consideration of the District Court judges in the case of using foreign workers based on the judex facti examination at the Bangil District Court is correct but not sufficient because in this consideration the judge did not sanction the defendant because the defendant employed foreign workers without an IMTA permit as already written in Law Number 13 of 2003.Keywords: Legal Certainty; Foreign workers; Law Number 13tahun 2003
Peran Kepala Desa Dalam Pelaksanaan Pembangunan Menurut Undang-Undang Desa dan Fiqh Siyasah; Studi Kasus Desa Mekarjati Kecamatan Haurgeulis Kabupaten Indramayu Susanto Susanto; Abdur Rahim
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19706

Abstract

The performance of a village head as head of village government must be able to carry out its main duties, namely leading and coordinating the village administration in implementing village development. The role of the village head is one aspect that stands out and affects the success of village development. The village head is assisted by village officials, as an element of village government administration. The formulation of the problem in this research is "What is the Role of the Village Head in the Implementation of Development in Mekarjati Village, Haurgeulis Subdistrict, Indramayu Regency" and "How the Siyasah Fiqh Review and the Village Law on the Role of the Village Head in Implementing Development in Mekarjati Village". The purpose of this research is "To know the role of the village head in the implementation of village development, and" to know the Siyasah Fiqh Overview of the role of the village head in the implementation of village development." This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data originating from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research. Based on the research results, it can be concluded that the role of the Mekarjati Village Head, in the implementation of village development in general, there are still some that are not optimal. It can be seen that there are still some developments that have not been carried out optimally, such as the development of education and environmental security systems (Siskamling).Keywords: Role, Village Head, Implementation, Development, Village Law, Fiqh Siyasah
Efektivitas Kekuatan Eksekutorial Pada Sertifikat Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Dinda Laras Ayu Pratiwi; Andi Salman Maggalatung; Nurhasanah Nurhasanah
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19599

Abstract

This research contains an analysis of the considerations of the Constitutional Court in deciding the Constitutional Court Decision Number 18/PUU-XVII/2019 and the effectiveness of its implementation. This research uses the juridical-normative method and the legal material comes from the Constitutional Court Decision Number 18/PUU-XVII/ 2019 and other decisions. The results of this research revealed that the decision was based on the principle of justice and legal certainty. The implementation itself has not been going well because there are still several unfulfilled factors.
Resiko Hukum Konsumen Efek Beragun Aset Ditinjau Dari Hukum Perlindungan Konsumen Di Indonesia Andi Faizkha Haditya; M Yasir; Indra Rahmatullah
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19853

Abstract

This research aims to find out any possible risks from an asset backed securities contract, as well as law enforcement carried out by authorities to guaranteed costumer’s protection in the said contract. This research uses qualitative research using regulatory approach. In research data sources come from primary legal materials or field data. The data collection method used  in this research are law research and literature studies. The result of this research is there are some possible risks that’s exposed to people involved in this asset backed securities contract as costumer, such as risk of default and early call, which can possibly inflict a financial loss to costumer side, and also finding a loophole that’s still haven’t been taken care off by the regulations regarding this asset backed securities contract.  Keywords: Legal Risk, Asset backed securities contract, Costumer’s protection.
Peran Ireland Palestine Solidarity ‎Campaign Terhadap Kebijakan Larangan Impor Produk Israel Tahun 2018 Fiani Nurmalasari; Ida Susilowati
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19996

Abstract

Violations of Human Rights and International Humanitarian Law of Israel against Palestine have generated a lot of attention from the state and the world community, including Ireland. The existence of historical similarities made Ireland take a stance to support Palestine in gaining independence from Israeli colonization. IPSC (Ireland Palestine Solidarity Campaign) as one of the CSOs (Civil Society Organizations) in Ireland is one of the actors that plays an active role in pressuring the Irish government to pass the Bill on the Prohibition of Importing Israeli Products, namely through the BDS (Boycott, Divestment and Sanctions) movement. Based on this, this study aims to understand the significance of the role of transnational networks carried out by IPSC as CSOs in the study of International Relations in terms of the framework of the Transnational Advocacy Network (TAN) in particular "leverage politics" and "accountability politics". This study applies qualitative methods with analytical descriptive techniques in assessing the sources of research data. The results showed that horizontally, IPSC as a CSO had a positive impact on the creation of awareness of the Irish people to support the Palestinian people's struggle for independence.Keywords: Ireland Palestine Solidarity Campaign (IPSC), Civil Society Organization (CSO), Transnational Advocacy Network (TAN), Boycott-Divestment and Sanctions (BDS).
Tinjauan Yuridis Penerapan Tindakan Keberi Kimia Terhadap Pelaku Persetubuhan Pada Anak Di Kejaksaan Negeri Kabupaten Bogor Fahmi Azis; Febby Irwani; Bayu Eka Putra; Vikram Surya Husada
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19635

Abstract

Indonesia has ratified the Convention on the Rights of the Child which means that Indonesia is bound by international law to implement provisions in the CRC to adopt legislative, administrative and programmatic measures to ensure children's rights are realized with the issuance of Government Regulation in Lieu of Law Number 1 Year 2016 which was passed into law as the second revision to Child Protection Law Number 23 of 2002 on Child Protection. The ratification of Government Regulation in Lieu of Law Number 1 Year 2016 is a form of crunch against the high cases of child sex abuse because the criminal sanctions imposed on perpetrators of child sexual abuse have not had a deterrent effect and have not been able to comprehensively prevent the occurrence of sexual violence against children, so it is necessary to immediately amend Law Number 23 of 2002 on Child Protection. Government Regulation in Lieu of Law Number 1 Year 2016 imposes sanctions for perpetrators of sexual crimes that add to the basic penalty of death and life imprisonment and additional criminal acts of chemical castration, the addition of provisions on the act of chemical castration is a form of legal reform because punishing violators with the death penalty is no longer constitutional and those who are released often return and end up in prison, therefore it is necessary to find other rule of law and humane methods to treat these offenders.
Perlindungan Hukum Bagi Pekerja Anak Di Kota Tangerang Yoga Alvin Adrian
JOURNAL of LEGAL RESEARCH Vol 3, No 1 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i1.19691

Abstract

This study aims to provide an overview of the form of legal protection for child labor in the city of Tangerang and the form of policies issued by the Tangerang city government. This study uses a qualitative research method in the form of literature review. The specification used in this research is descriptive analytical, the data used in this research are primary and secondary data. Primary data in this study were interviews with several children who were underage child labor and as secondary data in this study, it was obtained Law Number 13 of 2003 concerning Manpower, Perda Tangerang Number 2 of 2015, and Perwal Tangerang Number 65 of 2016 which related to the writing of this thesis and then the data obtained is compiled with a descriptive method. The results of the study conclude that despite the existence of legal protection and policies provided by the Tangerang city government in dealing with the problem of underage child labor, there are still many employers who commit violations. The results of this study are expected to be able to contribute scientific thinking and add new abilities for researchers as well as add new abilities for researchers as well as provide input to the Tangerang local government, especially as a reference for decision making on the welfare of children who are exploited.Keywords: Legal Protection, minors

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