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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 8 Documents
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Search results for , issue "Vol 14 No 1 (2025)" : 8 Documents clear
A Cross-Jurisdictional Exploration of Inadvertent Negligence in Legal Theory and Practice Mustafa, Cecep
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.131-160

Abstract

This paper explores the complexities of criminal liability for inadvertent negligence through a comparative and interdisciplinary approach. While civil law jurisdictions, such as Germany, embrace a broad scope for criminal negligence, common law systems, including those in the United States and the United Kingdom, and typically restrict criminal liability to more severe forms of negligence. By integrating legal theory with philosophical and psychological perspectives, this study examines the moral and cognitive dimensions of negligence. It proposes a framework for a more just and effective legal system. The findings highlight significant disparities between legal systems and provide recommendations for harmonizing definitions, enhancing judicial training, increasing public awareness, and promoting international dialogue. This research contributes novel insights into the application of negligence laws and advocates for a balanced approach to criminal liability.
Harmonizing Judicial Data Protection Standards Between The EU and US Azizan, Akmal; Zahra, Salma; Sophia, Sally; Perai, Nurajam
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.29-62

Abstract

In the digital age,the protection of personal data has become a crucial issue, often leading to conflicts between regions with differing legal and cultural values. The European Union (EU) and the United States (US) represent a prominent example of such a divergence, with the EU emphasizing stringent data protection measures and the US prioritizing economic and security interests. These differing approaches have resulted in significant challenges for transatlantic data flows, notably highlighted by the invalidation of the EU-US Privacy Shield by the Court of Justice of the European Union (CJEU). This essay aims to explore the complexities of privacy and data protection within the context of transatlantic relations, providing a comprehensive analysis that bridges empirical data and theoretical insights. The study seeks to identify the economic, operational, and legal impacts of regulatory divergences and propose evidence-based policy recommendations to harmonize data protection standards between the EU, and the US. The research employs a literature study method, systematically reviewing scholarly articles, legal texts, case law, and policy documents related to data protection and privacy. It integrates Socio-Legal Theory to analyze the intersection of legal frameworks, social practices, and cultural attitudes. Empirical data is gathered through qualitative and quantitative analysis, focusing on the economic impacts, compliance challenges, and legal risks associated with transatlantic data flows. The findings reveal significant economic costs and compliance burdens for businesses due to the absence of stable data transfer mechanisms. Legal risks and judicial consequences under the EU’s GDPR further exacerbate these challenges. The study identifies specific areas where regulatory harmonization is possible, offering policy recommendations grounded in empirical data to enhance data protection standards and facilitate smoother data exchanges. By combining empirical analysis with theoretical insights, this research contributes to a nuanced understanding of data protection and privacy, essential for informed policy-making and effective judicial practice.
National Strategic Projects and Compensation Issues in Land Acquisition in Indonesia: A Justice Theory Perspective Pattra, Lerri; Ismail, Nurhasan; Wibowo, Richo Andi
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.1-28

Abstract

The compensation issue is still one of the factors inhibiting development in Indonesia. The government must develop to establish a flourishing society, as required by Pancasila and the Constitution. The government implements National Strategic Projects and initiatives designed to foster growth and equitable development, increase employment opportunities, and enhance community welfare. Limited land control by the government means that the government also needs land owned by the community. When it comes to inland procurement for development, the community whose land rights are impacted by the national strategic project is nearly always unhappy, especially regarding loss compensation. The most complicated and contentious part of taking land for public use is usually the compensation for losses that arise when the government purchases a piece of land. The limited government budget for building infrastructure and restrictions on regulations for using other state finances have caused the government to look for forms and amounts of compensation that can provide a sense of fairness and worth to the community without burdening state finances. Upholding respect for human rights is acknowledged as a form of protection offered by the state to its citizens in Indonesia, a country that upholds the rule of law. This protection extends to situations where the state takes over community land to be used for development in the public interest. The strategies put out to resolve the land acquisition dispute are grounded in the idea of social justice, which is still relevant and evolving in the Indonesian culture of society.
Meaningful Work Protects Judges with Occupational Stress, Secondary Traumatic Stress, and Burnout: (A Study of Indonesian Judges of The Supreme Court of the Republic of Indonesia) Mirza, Mochamad; Parahyanti, Endang
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.91-130

Abstract

Studies have shown that daily job demands encountered by judges' might result in stress. Continuous stress can affect judges personal lives and job performance. However, several judges experience stress differently due to many factors affecting stress levels. Previous research suggested that meaningful work might mitigate the adverse impacts of the negative effects of stress. This study investigated occupational stress, secondary traumatic stress, and burnout among Indonesian judges and their relationship to meaningful work. This research involved a convenience sample of 2,839 judges in Indonesia. The findings revealed a significant negative correlation between occupational stress, secondary traumatic stress, burnout, and meaningful work, with burnout being identified as the most potent negative predictor. This study also found that judges had moderately low levels of occupational stress, low levels of secondary traumatic stress, low levels of burnout, and high levels of meaningful work. Based on these findings, it is recommended that institutions implement psychological support systems to enhance judges’ sense of meaningful work, thereby minimizing the detrimental effects of occupational stress.
Revisiting The Interpretation of The Indonesian Criminal Procedure Code: Legal Basis for Witnessteleconferencing Oktaviandra, Surya
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.161-190

Abstract

Remote witness examination through teleconference media has been used for several criminal cases in Indonesia. However, it was assumed that its legal standing based on Criminal Procedure Code (KUHAP) remains unclear and insufficient. Therefore, many legal scholars and practitioners look beyond the existing laws. This paper argues that the existing law can support the legal basis and implementation of witness teleconferencing in criminal cases without necessarily requiring new legislation. This normative juridical study collects and analyzes legal materials data from several laws and jurisprudences in Indonesia relating witness examination. The result shows that criminal witness examination through teleconference media is valid and enforceable under KUHAP by employing broad interpretation of Article 160 KUHAP. Nevertheless, for greater result on seeking the material truth, it is necessary to regulate the application of witness teleconferencing to ensure witness statements can be delivered smoothly and independently. This finding revitalizes the legal basis concept for remote examination in criminal proceedings. It may facilitate consideration by authorities and legislators in developing laws related to the Criminal Procedure Code.
The Potential Disparity in Judicial Pardon Decisions: Formulation Issues in The National Criminal Code Aji, Muhammad Kharisma Bayu; Istiqomah, Milda; Astiti, Sriti Hesti; Taqwa, Faisal Akbaruddin
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.63-90

Abstract

This scientific article discusses the problems and ideal formulation of judicial forgiveness in the future in Article 54, Paragraph (2) of Law Number 1 of 2023 on the Criminal Code. This article regulates judicial forgiveness but does not explain the requirements, resulting in different interpretations and decision disparities. This research is normative research with a descriptive research nature. The legislative and comparative approaches are used. This study found that the formulation of judicial forgiveness has problems such as abstract norms, alternative requirements, and difficulties when the victim does not forgive the defendant. The ideal formulation of judicial forgiveness is to determine the maximum criminal sanctions and cumulative requirements. The requirement for the lightness of the act can be interpreted as a maximum fine of Category II (IDR 10,000,000.00) and is related to minor crimes in the Criminal Procedure Code. The requirement for the offender’s personal circumstances is linked to Article 22 of the National Criminal Code, and the requirement for the circumstances at the time the crime was committed is linked to the sentencing guidelines in Article 54 paragraph (1) of the National Criminal Code letters b, d, e, f, and j.
Litigation of Sharia Economic Bankruptcy: (Indonesian Bankruptcy Law Perspective) prihasmoro, adi; Suadi, Amran; Abdullah, Abdul Gani
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to gain a deep understanding of whether the issue of debts in the scope of sharia economics has been well accommodated in bankruptcy and debt settlement through the Commercial Court based on the Bankruptcy Law. This is normative legal research through literature study and case study, and it is enriched with interviews with sources at the Supreme Court. The results show that there has been an overlap in the court's competency to adjudicate based on applicable laws and regulations. There is no synchronization between the court's competency based on the Bankruptcy Law and based on the Religious Courts Law, especially regarding the settlement of debts within the scope of sharia economics. In the case study on the Commercial Court's decisions, it is known that its final settlements were made without sufficient consideration of sharia economics compliance principles. The Supreme Court, as the holder of judicial power, has attempted to fill the legal vacuum with its policies to synchronize so that the judicial process can run smoothly. Another solution to resolve the overlapping judicial competency arising from the Bankruptcy Law and the Religious Courts Law is to file a judicial review with the Constitutional Court, even though dilemmatic. The remaining issue is that the settlement of debt within the scope of sharia economics is still decided in the Commercial Court, not the Religious Court. The ultimate solution is to propose an amendment to the Bankruptcy Law to accommodate settlements within the scope of sharia economics.
Juridical Interpretation of Non-Fully Executable Judgments in The Administrative Court Kusman; Hambali; Utama, Yos Johan; Alw, Lita Tyesta
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.1.2025.221-250

Abstract

Judgments that cannot be fully executed are frequently encountered in civil service disputes. Rehabilitation obligations are often hindered by changes in circumstances, which have consequently given rise to the notion of compensation. Determining compensation amounts also faces challenges, particularly due to tensions between legal norms and practical realities. This study pursues two main objectives: first, to examine the criteria that characterize judgments that cannot be fully executed, and second, to describe the implementation of compensation as a substitute mechanism in such cases. The research adopts a normative legal methodology utilizing statutory and conceptual approaches. The findings lead to two primary conclusions: first, judgments that cannot be fully executed are identified in cases where rehabilitation obligations in civil service disputes face specific obstacles, including (1) the plaintiff’s legal status no longer qualifying them to return to their former position; (2) the plaintiff’s position having been filled by another person; and (3) changes in the organizational structure. Second, the implementation of compensation is based on actual losses suffered by the plaintiff resulting from a State Administrative Decision that was declared invalid by the court. The amount of compensation is determined through an agreement between the plaintiff and the defendant. If such an agreement cannot be reached, the chief judge of the administrative court is authorized to determine a fair amount of compensation in accordance with the principles of propriety and reasonableness. The study highlights the need for procedural reform to address the gap between legal provisions and their practical application in executing administrative court judgments.

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