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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 306 Documents
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Penerapan Hukum Oleh Hakim Dalam Menjatuhkan Putusan Di Luar Dakwaan Jaksa Penuntut Umum Dilema Antara Keadilan Dan Kepastian Hukum; Analisis Putusan Mahkamah Agung Nomor 1940 k/pid.sus/2015 Ulfiyah Hasan; Alfitra Alfitra
JOURNAL of LEGAL RESEARCH Vol 1, No 3 (2019)
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.v1i3.13876

Abstract

AbstractThis study examines issues related to judges' considerations in issuing decisions outside the indictment of the public prosecutor in narcotics crime cases in the Decision of the Supreme Court Number: 1940 K / Pid.Sus / 2015. In addition, this study also tries to discuss the assessment of the principles of legal objectives, namely legal certainty and justice to the actions of judges in the Supreme Court Decision Number 1940 K / Pid.Sus / 2015 in narcotics crime cases. This research is juridical research using a case approach. Data in this study were collected using document studies. The document that is the source of the data in this study is the Supreme Court Decision Number 1940 K / Pid.Sus / 2015. Then the document is processed using the content analysis method. The results showed that the judges' basic considerations in the Supreme Court Decision Number 1940 K/Pid.Sus/2015 were quite critical in dropping decisions beyond the prosecutor's indictment. This consideration provides an illustration for the judge to be able to innovate the law and dare to come out of legal formalism to achieve justice.Keywords: Judge's Decision, Indictment, Narcotics Crime 
Identity Politics' Issue In Indonesia Presidential Election 2019 Ida Susilowati; Zahrotunnimah Zahrotunnimah; Nur Rohim Yunus
JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019)
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.v1i5.14966

Abstract

AbstractPresidential Election in 2019 has become the most interesting executive election throughout Indonesia's political history. People likely separated, either Jokowi’s or Prabowo’s stronghold. Then it can be assumed, when someone, not a Jokowi’s stronghold he or she certainly within Prabowo’s stronghold. The issue that was brought up in the presidential election campaign, sensitively related to religion, communist ideology, China’s employer, and any other issues. On the other side, politics identity also enlivened the presidential election’s campaign in 2019. Normative Yuridis method used in this research, which was supported by primary and secondary data sourced from either literature and social phenomenon sources as well. The research analysis concluded that political identity has become a part of the political campaign in Indonesia as well as in other countries. The differences came as the inevitability that should not be avoided but should be faced wisely. Finally, it must be distinguished between political identity with the politicization of identity clearly.Keywords. Identity Politics, 2019 Presidential Election
Pengaruh Penerapan Sistem Proposional Terbuka Pada Kualifikasi Calon Legislatif Sri Emut Ratnasara; Dwi Putri Cahyawati
JOURNAL of LEGAL RESEARCH Vol 1, No 3 (2019)
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.v1i3.13077

Abstract

AbstractPolitical parties in recruiting legislative candidates if only based on an open proportional system are not enough, especially if only in good faith to be able to become people's representatives. However, the most important thing needed is intellectual ability and integrity in understanding, both regarding legislation, as well as the main goal of achievement, which is to gain the benefit of all the people of Indonesia. Therefore, to produce politicians who are cultured or politicians who have dignity, self-esteem, and a clear way of thinking, a system that is in accordance with needs is needed. Due to the poor quality produced by legislators from various parties, political parties are not relevant in recruiting legislative candidates. By doing so, it is necessary to hold a fit and proper test in the selection of candidates for legislative members by external political parties that have standardization of graduation for candidates for legislative members. Besides the application of an open proportional system, it has a great influence on determining the quality of legislative members. With the implementation of an open proportional system, it will cause many popular legislative candidates to be elected without considering the capacity of the ability of legislative candidates who occupy positions, as well as allowing each candidate to compete to win public sympathy and will trigger a polemic over money politics.Keywords: Proportional System, Recruitment, Legislative Candidates
Book Journal of Legal Research Vol 1 No 1 (2019) Journal, Book
JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019): Journal of Legal Research
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.v1i1.12966

Abstract

Book Journal of Legal Research Vol 1 No 1 (2019)
Keterbukaan Informasi Pelaku Usaha Dalam Perjanjian Jual Beli Apartemen Secara Pre Project Selling; Analisis Putusan No.224/Pdt.G/2017/Pn.Jkt.Sel Dewi Rara Pertiwi; Fitriyani Zein
JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019)
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.v1i5.13913

Abstract

AbstractIn apartment selling, there are developers who are not open and transparent about the given information on marketing and selling with pre project selling system. There are also unclear informations about agreement between business actor and consumer that written in Sale and Purchase Agreement (PPJB) which given by developer. This case is certainly contrast to Pasal 7 Undang-undang Nomor 8 Tahun 1999 about Consumer Protection. In fact, pre project selling system often places consumers into weak situation and prone to default act by business actors. According to the researcher, the result from judge’s council is fair enough and appropriate according to existing regulation, but Law Number 20 of 2011 concerning Flats still ineffective because it had not implement regulation act of the law.Keywords: Information Disclosure, Sale and Purchase Agreement, Apartment, and Pre Project Selling 
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
Harmonisasi Prinsip Hukum Tanggung Jawab Sosial-Lingkungan Perusahaan Pertambangan Mineral dan Batubara Dalam Peraturan Perundang-Undangan Di Indonesia Rifda Afifah; Sodikin Sodikin
JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019)
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.v1i4.13903

Abstract

AbstractThe research was conducted in an effort to find concretisation of the legal principles that apply to the provisions concerning social and environmental responsibility of mineral and coal mining companies in Indonesian laws and regulations. In addition to examining the legal consequences for any corporation that does not carry out these provisions. Specifically, this research seeks to discuss the content of rules and harmonization of regulations governing social and environmental responsibility of mineral and coal mining companies. Because in practice the exploration has a very significant impact on the environmental and social conditions around the company. This research is a normative qualitative research (normative Legal Research) which is carried out by reviewing the prevailing statutory system (statue aproach). The results showed that the harmonization of laws and regulations was found to have the principle of social responsibility that is mandatory. However, for any corporation that does not carry out its obligations is still only subject to administrative sanctions and is not equipped with other law enforcement instruments, both criminal and civil.Keywords: Environmental Social Responsibility, Harmonization, Legal Certainty
Sanksi Hukum Terhadap Hakim Pelanggar Kode Etik Profesi Hakim Adis Suciawati; Soefyanto Soefyanto
JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019)
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.v1i2.12975

Abstract

Abstract:This study aims to determine the legal sanctions against judges who violate the Code of Ethics and the Code of Conduct for Judges within the scope of the court, especially in the case of trying one's own siblings (cousins). The problem examined in this study regarding the Legal Sanctions Against Judges Violating the Professional Ethics Code of Judges at the Kupang District Court (Judge Rizet Benyamin Rafael Case Study). This research uses the normative method by conducting research using library legal materials by searching library materials or secondary data from primary legal materials, secondary legal materials, and tertiary legal materials. The method of approach is to use the Joint Supreme Court Regulatory approach with the Judicial Commission and the case approach. In data analysis using qualitative analysis, namely by analyzing the starting point on the documentation of various events, information in the form of cases, and written documentation.Keywords: Legal Sanctions Against Judges Violating the Professional Ethics Code of Judges
Perlindungan Hukum Atas Pemutusan Hubungan Kerja Pada PT Hollit International (Analisis Putusan Mahkamah Agung Nomor 971 K/Pdt. Sus-PHI/2018) Iis Apriyani; Indra Rahmatullah
JOURNAL of LEGAL RESEARCH Vol 2, No 3 (2020)
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.v2i3.16170

Abstract

The problem that will be examined in this research with the object of the ruling is variatively related to the fulfillment of labor rights in the LAYOFFS thus causing the uncertainty of law on the procedure and fulfillment of rights-normative rights in fulfilling the rights of the diPHK workers. Like one case PT. Hollit International, which in the first-level decision of the Tribunal judges rejected the suit of all rights of workers, but at the rate of appeal, the Tribunal cancelled the court of first degree, as the Industrial Relations Tribunal at the Central Jakarta District Court had misapplied the law. This research uses a qualitative research type that is the type of data and the analysis used is narrative, in the form of statements that use reasoning. Using a normative juridical approach, referring to the application of the law contained in a verdict and the law conceptualized as the norm or the rules applicable in society. The results show the demands of the rights of workers in LAYOFFS by the company, with the ruling that is not comprehensive and less synchronous between the manpower law and the ruling in the Industrial relations Court at the Central Jakarta District Court, causing uncertainties in the process of fulfilling the rights of workers. Kata kunci : Hak, Tenaga Kerja, Mutasi, Pemutusan Hubungan Kerja.  
Keabsahan Transaksi Jual Beli Properti Menggunakan Sistem Pre Project Selling Ditinjau Dari Hukum Perjanjian (Studi Kasus Proyek Meikarta Cikarang Kabupaten Bekasi) Ahmad Syauqi Robbi; Muhammad Yasir
JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019)
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.v1i4.13901

Abstract

AbstractThis study discusses the sale and purchase of property transactions using the pre-project sales system in terms of the legal agreement and the responsibility of the legal developer (developer) for units of buyers of Meikarta property units in the Pre-Sale Project. The research method used in this study is a normative research method. The research data was collected by means of a literature study through a research method of the law that discusses Law Number 20 of 2011 concerning Flats. The results of this study indicate that the binding purchase agreement (PPJB) of Meikarta apartment units involving the parties between the developer (developer) and the buyer is illegal and null and void, because the required conditions have not yet been fulfilled. The requirements specified in Article 1320 of the Law Law Civil. The developer (developer) can be held accountable for Acts Against the Law (PMH) by the buyer approved in Article 1365 of the Civil Code which discusses all aspects of legality (licensing) in accordance with Law Number 20 of 2011 concerning Flats, developers (developers) before building apartments, such as the Environmental Impact Analysis Permit and Building Permit have not yet been approved by the developer.Keywords: Responsibility, Developer, Seling Per Project.

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