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Jurnal Hukum dan Peradilan
Published by Pusat Penelitian dan Pengembangan Hukum dan Peradilan MA RI
ISSN : 23033274     EISSN : 25281100     DOI : https://doi.org/10.25216/jhp
Core Subject : Economy, Social,
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice
Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, empirical, and contributive literature on the dynamics and development of legal studies, specifically in Indonesia. JHP welcomes scientific papers on a range of topics from research studies, judicial decisions, theoretical studies, literature reviews, philosophical and critical consultations that are analytical, objective, and systematic. However, from a wide range of topics that researchers can choose from, JHP puts more attention to the papers focusing on the sociology of law, living law, legal philosophy, history of national law, customary law, literature studies, international law, interdisciplinary, and empirical studies. Jurnal Hukum dan Peradilan (JHP) is a media dedicated to judicial personnel, academician, practitioners, and law expertise in actualizing the idea of research, development, and analysis of law and judiciary. Jurnal Hukum dan Peradilan comes out three times a year in March, July, and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 11, No 1 (2022)" : 7 Documents clear
ENFORCEMENT OF JINAYAT LAW FOR NON-MUSLIMS IN ACEH Mahmuddin Mahmuddin; Mansari Mansari; Khairuddin Khairuddin; Ahmad Fikri Oslami; Mul Irawan
Jurnal Hukum dan Peradilan Vol 11, No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.21-42

Abstract

Law enforcement against non-Muslims who commit violations of jinayat law tends to use the penalties stipulated in the Qanun Hukum Jinayat compared to other criminal statutory provisions. This phenomenon is interesting to study because non-Muslims who commit criminal acts (Jarimah) are given the choice of choosing to use Qanun or other Criminal Law which is regulated outside the Qanun. This study aims to analyze how the enforcement of jinayat law against Jarimah is carried out by non-Muslims, why non-Muslims are more likely to choose jinayat law than the provisions of other criminal laws and regulations outside of the Qanun and which penalties are imposed more dominantly by syar'iyah court judges. The author uses the empirical juridical research method with the aim of describing concrete facts about jinayat law enforcement for non-Muslims. The primary legal materials used are Qanun Hukum Jinayat Qanun Hukum Procedural Jinayat. Secondary legal materials, namely through books, journals and research results. Primary data was obtained through interviews with non-Muslims who had been sentenced according to qanun, judges and Wilayatuh Hisbah (WH). The results showed that enforcement of jinayat law for non-Muslims must first seek approval from the suspect to use qanuns or criminal laws other than qanuns. Then the investigator takes action according to the choice set by the suspect. Non-Muslims tend to choose qanuns due to several factors: first, the punishment is more instantaneous than the KUHP which carries a prison sentence. Second, the people who witnessed the execution of the caning were not all citizens who knew him. The more dominant punishments handed down by judges were ta'zir flogging and actions in the form of revoking their business license.
LEGAL EXPLANATION (RESTATEMENT) OF THE CONCEPT OF GOVERNMENT ADMINISTRATIVE ACTIONS ACCORDING TO LAW NO. 30 OF 2014 CONCERNING GOVERNMENT ADMINISTRATION Muhammad Adiguna Bimasakti
Jurnal Hukum dan Peradilan Vol 11, No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.64-92

Abstract

Law No. 30 of 2014 concerning Government Administration (UU AP) stipulates two types of Administrative Actions, namely Government Decrees and Government Administrative Actions. In judicial practice in the administrative courts, the term Government Administrative Action is often interpreted differently from the concept of Real Action. This study aims to determine the concept of Government Administrative Action according to Law No. 30 of 2014 concerning Government Administration. The writing method used in this research is normative juridical method using statutory approach and conceptual approach. The results of the study show that the concept of "Government Administrative Action" in Article 1 point 8 of the UU AP can be interpreted grammatically, historically and systematically as Real Action as referred to in Article 87 letter a of the UU AP. The jurisdiction for administrative dispute where the objects are “real act” (government administrative action) and “written decision” (government decrees) lays on administrative court, where as for other legal acts which cannot be classified as real act (government administrative action) or written decision (government decrees) lays on the general court as residual jurisdiction (resrechter).
THE ROLE OF SOCIAL CONTROL AND OPTIMIZATION OF JUSTICE POLICY RESTORATIVE ON JUVENILE OFFENDING Yuarini Wahyu Pertiwi; Ika Dewi Sartika Saimima
Jurnal Hukum dan Peradilan Vol 11, No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.109-133

Abstract

The West Java Child Special Penitentiary (LPKA) noted that in 2020 there were 241 juvenile detainees and 429 juvenile prisoners. Criminal behaviour in children is related to low social control such as attachment, responsibility, involvement, and the belief that the higher the social control, the lower the possibility of a child violating the law. The main issue in the settlement of juvenile criminal cases is the criminal justice system that does not take sides with children because the handling in this system has not implemented a restorative justice policy. Children who commit crimes ideally need to be returned to their original condition, not just punished for their actions. In fact, data on juvenile detainees and juvenile prisoners show an indication of suboptimal restorative justice policies. The purpose of this study was to determine the role of social control over children as perpetrators of criminal acts and to determine the policy of restorative justice in the process of resolving cases. This research is a descriptive study, using qualitative data analysis techniques with normative and empirical juridical approaches. The research subjects were 22 juvenile prisoners and detainees in one of the Penitentiaries of the West Java region. The results of the study indicate that social control plays a role in children as perpetrators of criminal acts, as well as the settlement of child criminal cases based on restorative justice policies, is not optimal. There are many diversion failures and a fairly high percentage of prison sentences that should be a last resort. There is also a large public stigma against the statement that children who violate the law should be imprisoned. On the other hand, trauma due to the examination process, prison life, and stereotypes as ex-convicts will greatly affect the psychological function of children. This can lead to low self-confidence, feeling worthless, and becoming the cause of recidivists because they feel unforgivable even though they have served their sentence.
PROGRESSIVE READING OF CHILD CUSTODY RIGHTS IN INDONESIA: A GENDER JUSTICE PERSPECTIVE ON MARRIAGE LAW Adi Nur Rohman; Elfirda Ade Putri
Jurnal Hukum dan Peradilan Vol 11, No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.43-63

Abstract

Disputes over child custody often occur after a divorce. Although the regulation on child custody has been regulated in the Marriage Law and Compilation of Islamic Law (KHI), it is allegedly not responsive enough to gender justice that gives child custody to one party based on the particular type genitals. So this triggers gender inequality and injustice. This article analyses the problem of establishing child custody descriptively analytically with a gender approach as a tool of analysis. This article concludes that the laws and regulations in Indonesia regarding the determination of child custody are still classified as gender-biased and have not been responsive enough to the issue of gender justice. Reciprocal interpretation model (qira'ah mubadalah), as a new approach in understanding the text, if applied in following the rules can be interpreted with the perspective of distinction between men and women who place women and men as human subjects that are whole and equal. Thus, both mothers and fathers alike have the same opportunities in child custody as long as they have qualified abilities in terms of childcare.
THE PRACTICE OF PUBLIC FLOGGING IN THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS IN NANGGROE ACEH DARUSSALAM INDONESIA Edward M.L. Panjaitan; Hillary Tjandra
Jurnal Hukum dan Peradilan Vol 11, No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.93-108

Abstract

Indonesia is a unitary state on which national law applies in all the provinces. The national law applied throughout Indonesia regulates civil, criminal, commercial, and other aspects of Indonesian society. However, an exception to the national law application exists in the Province of Nanggroe Aceh Darussalam, especially in the type of sanctions applicable towards the convicts who have committed or violated criminal law in Nanggroe Aceh Darussalam. Nanggroe Aceh Darussalam implements a different criminal law from the national criminal law applicable to other regions in Indonesia. This is due to the issuance of Law No. 11 of 2006 on Aceh Government, which gave the Aceh Province special authority to adopt and practice Islamic law to its people. One form of punishment applied in Nanggroe Aceh Darussalam is the practice of flogging carried out in public (public flogging). This form of sanction has attracted the attention of the UN Special Rapporteur who recommended that the sentence be abolished, due to its practice which is contrary to international conventions that have been ratified by Indonesia. This article will discuss the legalization of public flogging practice in Indonesia following the international conventions on which Indonesia is its member.
INSTITUTIONAL DESIGN OF THE REGIONAL HOUSE OF REPRESENTATIVES (DPRD): LEGAL POLITICAL STUDY ON INDONESIA’S LAW NUMBER 23 OF 2014 CONCERNING REGIONAL GOVERNMENT Gunawan A. Tauda; Amirudin Umasangaji; Nam Rumkel; Nurul Istiqamallah
Jurnal Hukum dan Peradilan Vol 11, No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.1-20

Abstract

By the promulgation of Law Number 23 of 2014 concerning Regional Government, there has been a shift in the institutional design of the Regional House of Representatives (DPRD in Bahasa Indonesia), especially in the aspects of the legislative function and its authority. There is an affirmation of the understanding of the DPRD as an element of regional government administration. In this context, the House of Representatives (DPR in Bahasa Indonesia) and the President deliberately combine the two types of power functions, the legislative and the executive, into one institution called the DPRD in the local government system in Indonesia. Shifting of institutional design above indicates that Regional Government Law is principally no longer categorizes the DPRD as a legislative agency but instead as an executive institution playing a role in supervising the implementation of Regional Government. Based on this Regulation, the theoretical interpretation of DPRD’s existence is interpreted as an executive institution running the legislative function.
JURIDICAL ANALYSIS OF THE CRIME OF ONLINE STORE FRAUD IN INDONESIA Gazalba Saleh
Jurnal Hukum dan Peradilan Vol 11, No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.151-175

Abstract

The growth of technology has increased the buying and selling of commodities virtually. However, the lack of physical stores makes it impossible for potential buyers to evaluate the quality of their commodities or facilities. This in turn encourages the emergence of virtual shopping scams by perpetrators. This paper mainly tries to evaluate the extent of online shopping fraud in Online Store Fraud Crimes in Indonesia by using a normative juridical approach, which uses secondary data. Fraud in cybercrime requires the victim to develop a statement of the actuality of the crime to police officers. The report must be accompanied by primary evidence in electrical information or methods of publication of electronic information and data. From there, to verify the actuality of a particular type of fraud, an investigation is carried out. The procedural law related to the ITE Law in Indonesia is regulated in article 42 which states that investigations into cybercrimes are carried out against the criminal procedure provisions in the ITE Law. Finally the essay finds that the Criminal Code of virtual fraud is regulated on Electronic Data and Transactions in Law number 19 of 2016.

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