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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 13, No 1 (2024)" : 7 Documents clear
Aspects Of Justice Of Marriage Dispensation And Best Interests For Children Imran Imran; Amran Suadi; Muh. Risnain; Erlies Septiana Nurbani
Jurnal Hukum dan Peradilan Vol 13, No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.63-88

Abstract

Marriage dispensation is an application for a marriage permit made by the parents or family of a prospective husband or wife who is not yet 19 years old to enter into a marriage at the Religious Court. This paper briefly describes the justice of marriage dispensation and the children's best interests. The main topics discussed in this paper are the marriage laws and marriage dispensations according to the Law, the best interests of the child explained according to the Law, and to compromise between marriage dispensation and the child's best interests. The method used in this research is normative research by examining legal norms in legislation and decisions of the Constitutional Court. The content of this paper reveals that despite being deemed as contradictory to the Law as per the ruling of the Constitutional Court No. 22/PUU-XV/2017 dated 13 December 2018, which sets the minimum age for marriage according to Article 7 paragraph (1), child marriages facilitated by marriage dispensations persist in Indonesia. Furthermore, not every petition for marriage dispensation receives approval from the judicial panel. The decision on dispensation requests hinges on a thorough evaluation of the merits of the application and the potential impact on the child's future well-being, prioritizing the child's best interests.
Strengthening Sharia Microfinance Regulations And Business Models In Indonesia Sugeng Sugeng; Annisa Fitria; Adi Nur Rohman; Andre Cardenas Jr.
Jurnal Hukum dan Peradilan Vol 13, No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.89-122

Abstract

This article aims to elaborate on the regulation and model of Islamic microfinance in Indonesia. A clear understanding of the types of microfinance and the business model run by Islamic microfinance is needed to answer the problems faced by this institution. Solid and stable Islamic microfinance institutions serve a critical role in increasing access to loans and business capital for the poor and micro-enterprises. So far, the poor have not been reached by formal financial institution programs. This study employs a normative juridical approach using primary and secondary legal documents. The study results show that the role of the sharia supervisory board and the Cooperatives and SMEs Office has not played an optimal role in ensuring the compliance of microfinance managers with sharia principles and values and prudent microfinance management. The presence of regulations and institutions that guarantee sharia microfinance deposits is needed to protect managed funds and increase public trust.
The Constitutionality Of The Practice Of Euthanasia Against Parents In Maqashid Sharia And Human Rights Anton Afrizal Candra; Raihanah Binti Haji Abdullah
Jurnal Hukum dan Peradilan Vol 13, No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.147-166

Abstract

Efforts to take a conscious action that can hasten the death of a person due to compassion and pity for the condition experienced by that person is called euthanasia or "qatlurrahmah" (killing out of compassion and sympathy). This study wanted to analyze whether or not a child should practice euthanasia against their parents who have been sick for a long time or suffer from chronic diseases that cannot be cured and even coma for a long time. The method used in this study is a normative legal method with a conceptual approach (conceptual approach) and legislation (statute approach). The results showed that the practice of euthanasia against parents was against maqashid sharia namely to realize the benefit of human life, especially the protection of the human body and soul (hifzhun Nafs), the right to live, and life as a form of protection of human rights as regulated in the Indonesian Constitution Article 28 A of the 1945 Constitution and reinforced by Article 28 I of the 1945 Constitution.
The Design Of The Idea Of Judicial Preview Authority Of The Constitutional Court In The Indonesian Constitutional System Janpatar Simamora; Risma Manik
Jurnal Hukum dan Peradilan Vol 13, No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.167-188

Abstract

Adopting the authority of judicial review in the context of testing laws against the Constitution carried out by the Constitutional Court should be welcomed as positive progress for institutionalizing the authority of judicial review itself. In its implementation so far, the authority of judicial review has received serious attention, as evidenced by the number of laws submitted for review in the Constitutional Court. To streamline the authority to review regulations by the Constitutional Court, it is necessary to adopt a model of judicial preview authority, namely testing draft laws, so that when they are passed, they are no longer legally problematic. This research is normative juridical research using various literature materials as the main study. The results show that the idea of adopting the authority of judicial preview is urgently needed. It is based on the consideration that so many laws are problematic both in terms of content and formation process. On the other hand, the authority of the Constitutional Court is only limited to the authority of judicial review, making it less appropriate in the context of the efficiency of judicial review of laws. Given the urgency of the application of judicial preview authority by the Constitutional Court, it is necessary to consider efforts to amend the 1945 Constitution by adding the phrase “testing draft laws against the Constitution” in the article governing the authority of the Constitutional Court as practiced in other countries such as France.
Optimizing Civil Construction Litigation In Indonesia: A Comprehensive Framework For Efficiency, Expertise, And Equity In Dispute Resolution Akmal Azizan; Sally Sophia; Salma Zahra; Nurajam Perai
Jurnal Hukum dan Peradilan Vol 13, No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.189-226

Abstract

Delays, excessive expenses, and a decline in public confidence come from the specialized nature of civil construction litigation in Indonesia. Several efforts have been made to improve civil construction litigation in Indonesia, such as introducing procedural reforms to expedite case processing times, increasing access to mediation and alternative dispute resolution (ADR), and the occasional involvement of technical experts to assist judges in understanding complex construction issues.    Unresolved problems continue despite current attempts; a complete system redesign is required. This paper attempts to fill such knowledge gaps and provide fresh approaches to civil construction litigation in Indonesia. This study provides a comprehensive strategy to improve litigation effectiveness, efficiency, and professionalism by incorporating worldwide best practices and offering practical solutions. The research takes a methodical look at effective models in the UK, Germany, France, and Japan. It identifies critical issues in the Indonesian setting and develops specialized procedural tools like "Case Management Information Tables" and "Case Management Plan Tables." A long-term vision for the legal framework is also discussed, along with strategic approaches to expert evidence, creating a qualification and assessment system, the participation of active-standing technical advisors, and more. The study produces a versatile and all-encompassing structure for civil construction litigation in Indonesia. The research fills a need in the literature by providing valuable resources and fresh ideas for improving efficiency in legal procedures, bolstering the credibility of expert testimony, establishing stringent qualifying criteria, and encouraging long-term flexibility. The public's faith and confidence in the Indonesian legal system are bolstered due to these contributions, which increase the process's efficiency and justice.
Analysis Of Opportunities For Implementing The Amicus Curiae Concept As A Form Of Public Participation In The Judicial System In Indonesia Jerry Thomas; Vivaldi Liman
Jurnal Hukum dan Peradilan Vol 13, No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.1-32

Abstract

This research uses the normative juridical method, and it aims to determine the amicus curiae mechanism in the Indonesian legal system. The research results show that the implementation of amicus curiae in the judicial system in Indonesia still needs a common perspective among judges, where there are still judges who accept or reject this concept or do not even consider it at all. The concept of amicus curiae in the Indonesian legal system has yet to be a significant consideration because no explicit regulations accommodate it. Still, it is often stated that the position of amicus curiae is embodied through Article 5 of Act Number 48 of 2009 on Judicial Power, which mandates judges to explore, follow, and understand legal values and a sense of justice that lives in society. In line with these provisions, the judge has the authority to provide space and open up the broadest possible information and opinions from various groups who pay special attention to a case being examined.  Judges using amicus curiae in their considerations, both from a philosophical, sociological, and juridical perspective, aim to prioritize legal certainty and provide justice with the participation of society. The research then provides a suggestion that the Supreme Court of the Republic of Indonesia can issue a Policy Circular or through a Decree of the Chief Justice of the Supreme Court regarding guidelines that judges can use to implement amicus curiae and how to assess the quality of information in amicus curiae.
Land Problems and Legal Impact for Agrarian and Spatial Planning Officers Zulfia Hanum Alfi Syahr; Muh. Ridha Hakim; Nurrahman Aji Utomo; Yanuar Farida Wismayanti; Rahmat Husein Andri Ansyah; Novian Uticha Sally
Jurnal Hukum dan Peradilan Vol 13, No 1 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.1.2024.123-146

Abstract

The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is a government institution with the authority to carry out duties and functions of public services in agrarian, spatial planning and land. The development of land law issues in society has involved many officials from the Ministry of ATR/BPN as implementers of agrarian and land sector functions. The impact is the emergence of a sense of anxiety and worry felt by the Ministry of ATR/BPN officials when carrying out their duties. It is because if the land administration services provided by the Ministry of ATR/BPN are not thorough and careful, there are many gaps in legal violations, not only administrative and civil but also criminal. If the implementer of agrarian and land functions is a Civil Servant (PNS) and becomes a suspect in a legal case, he will be temporarily dismissed. He will not receive income from the Government Regulation on Civil Servant Management. Therefore, the problem that will be studied in this paper is the legal impact of land problems on the implementers of agrarian functions. This study explores the potential legal risks that implementers of agrarian functions can experience amidst the development of problematic land issues. The method used in this study is qualitative with a normative juridical approach. A normative juridical approach examines the legal rules and regulations that apply to answer legal problems. The results are that the administrative services carried out by the Ministry of ATR/BPN cannot be seen solely as part of administrative law. This is because the administrative services carried out can impact a person's legal ownership/civil status. Existing law enforcement instruments differentiate the judicial process for administrative, civil, and criminal violations.

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