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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 3, No 3 (2014)" : 8 Documents clear
STRUKTUR REGULASI INDEPENDENSI OTORITAS JASA KEUANGAN Bismar Nasution
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.281-294

Abstract

A non-independent regulatory structure in the financial services sector had already conduced poor economic condition for some countries in the 1990s. Learned from that experience, the existence of OJK in Indonesia must be supported by the existence of an independent regulatory structure so that the purpose of OJK being formed in the first place can be materialized. The existence of the independent regulatory structure, can be measured by OJK’s independence in terms of regulation, supervision, institutional, and independence in terms of financing. In the context of OJK in Indonesia, the independent regulatory structure, is not intended to make OJK as a catalyst for economic development or a referee for a fair play. OJK’s independence must be played to balance the interests of the government, consumer, and financial services industry so that the direction of economic policy can go hand in hand. Though not in the perfect shape yet, the regulation of OJK has already adopted all aspects from that independent regulatory structure. It was said not in the perfect shape yet, because a harmonization is still needed on a number of laws and regulations relating, and establishment of implementing regulations at the technical level of operational. With these, OJK is expected to be more objective and also can run its authority adequately, transparently, and accountably. Furthermore, OJK is expected to have a sufficient legal authority to conduct an investigation into the financial services issues. Keywords: Regulatory structure, independence, OJK
SINERGI PELAKSANAAN PENEGAKAN HUKUM LINGKUNGAN INDONESIA Eka Merdekawati Djafar
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.237-242

Abstract

Enforcement of environmental laws is expected to be carried out in synergy by law officers who are scattered in various law enforcement agencies in general and particularly in relation to environmental management. Understanding of the substance of environmental law should not be done partially adherence to environmental laws, both by the public and law enforcement officers itself so to create a legal substance is completely and thoroughly that understanding can be removed to the sectoral legislation. Likewise strongly support the creation of culture law enforcement of environmental law implementation synergies among law enforcement officers. It is intended that the law enforcement agencies have the same perception of the implementation of environmental law enforcement. Keyword : “ Law enforcement” and “ Environmental Law”
REKONSEPTUALISASI PENGADILAN PERTANAHAN Enrico Simanjuntak
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.253-268

Abstract

There are at least three basic argument behind the idea of settlement of the special land dispute court, namely : first, the recognizing of the land bill drafter of the complexity of the land disputes. Second, the idea of settlement of special land dispute court is intended to restore the previous special court (Landreform Court) in the sixties era. Three, the special land dispute court of land is basically intended to repair the malfuncion of present court in settlement of the land disputes. But the academic draft and bill of land rises some questions about the know-how land disputes of the bill’s drafter, it proposes that this academic draft and bill of land does not take a sufficiently deep assessment. The author assumes that the flaws of academic draft is relating to the lack of legal problem mapping in land disputes, including the basic knowledge of legal system in land disputes. This situation reflects the banality of data and legal situation analysis which affects the misconception of the elemental interconection of legal normative with the structure of social aspect by jumpling to conclusion and forced conclusion. Finally, some solution which is proposed in this bill of land is diametrically opposed with the basic need of agrarian reforms and judicial empowerment project, especially administrative court. Keywords: Bill of land, Land Court, Administrative Court
JUDGE’S DISCRETION IN ISLAMIC FAMILY LAW: INDONESIAN RELIGIOUS COURTS EXPERIENCE Muhamad Isna Wahyudi
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.203-212

Abstract

Tension between Islamic legal tradition and the modern nation state’s role in establishing dan reforming law has become the global controversies and conflicts in Muslim countries over the last decades including Indonesia. Since the enactment of Law No.1/1974 on Marriage, then Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) under President Instruction No.1/1991, dualism of the validity of marriage has been arising in Indonesian Muslim society. The dualism has led to ambivalence towards law enforcement among judges of religious courts in dealing with the petitions for the legalization of marriage while the Law restricts the petitions to marriages before the enactment of Law No.1/1974. In this case, judges of religious court have deviated from the state law by granting legalization to marriages occurred after the enactment of Law No.1/1974. Such deviation is known as judge’s discretion. Despite judges of religious courts seem to adhere to the Islamic legal tradition than the State law in the case of legalization of marriage; they have deviated from Islamic legal tradition or state law in terms of the fulfillment of divorced wife’s rights, joint property, custody, and inheritance. Their discretion is merely to provide the justice to the litigants when the application the letter of the law is contradictory to justice. In this way, they have also taken a part in reforming the Islamic FamilyLaw.Keywords: judge, discretion, justice.
MENEGASKAN KEMBALI KEBERADAAN KLAUSULA BAKU DALAM PERJANJIAN Miko Susanto Ginting
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.223-236

Abstract

Inclusion of standardized clause in contract should not be denied often done by reason of effectiveness and efficiency in the transaction. The existence of standardized clause based on approval towards contract so that applies as a Law for the parties. However, at the other side, there are arguments who opposed inclusion of the standardized clause in contract, especially based on the balance and fairness principles in contract. By using descriptive analytical method and juridical normative approach, I am trying to answer validity or invalidity of standardized clause in contract. In addition, also elaborated some decisions of the court in considering and deciding the standardized clause in contract. In the end, either scholar’s opinions or court decisions was still quite varied in viewing inclusion of standardized clause in contract. Nevertheless, toward that difference view already tried to find the meeting point through Law No. 8/1999 on Consumer Protection, where the standardized clause inclusion in contract is not prohibited, along do not contain substance or shape contrary with the Law. Keywords: standardized clause, agreement, balance in contract.
PROBLEMATIKA PELAKSANAAN KEKUASAAN KEHAKIMAN (Dalam Konteks Pelaksanaan Fungsi Check and Balances System) Ismail Rumadan
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.243-252

Abstract

Efforts to support the creation of an independent judiciary as a constitutional mandate in its development has held several changes to the Judicial Authority Law, the last change is the Act Nomber 48 of 2009 on Judicial Authority. But these changes, when studied in depth is still set aside some very fundamental issues. The first is related to the function of law enforcement in the context of the criminal justice system. This concept requires that the law enforcement process should be integrated into a system of justice, but in fact the process of criminal justice, police and prosecutors are in a different scope of judicial power, so that the position can thus be ensured in the intervention process should be independent of law enforcement and free from any influence. The second problem is, of externally monitoring the functioning of the judicial power, which formally made by the Judicial Commission and the desired control by Parliament (as in the draft of the Supreme Court). Supervision models run by Judicial Commission nor desired by the House very serious effect on the performance of the functions of the judicial authorities even add complexity implementation of judicial power function itself, so that the implementation of judicial power considered not able to guarantee legal certainty and justice for litigants. This paper is limited to the study of these two issues in order to reinforce our commitment to build a sound administration of justice and independent in order to provide access to justice for all people and a healthy justice will only be realized in a reciprocal relationship between the environment and the environmental justice community. Keywords: The Judiciary, Law Enforcement
HUKUM PERDATA PROGRESIF: PERUBAHAN DAN KESINAMBUNGAN PENEMUAN HUKUM DI BIDANG HUKUM PERDATA Maskur Hidayat
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.269-280

Abstract

Law is a tool that people can achieve order and the protection of basic human rights. Among others, the right to life and protection, both physical protection, protection of honor and decency and the protection of property rights or properties. The phrase that nothing is eternal except change undoubtedly also applies in the legal world. Every moment is always evolving human problems, as well as a method of conflict resolution must also keep abreast of developing issues. Became law at the center of media demands, namely the rule of law and sense of justice. On the side of the rule of law, justice demands that can be placed exactly over the other side into a sense of justice also demands that require judges to give a personal touch (case by case) in the face of any problems encountered in the trial. Keywords: rule of law, justice and progressive law.
MEMBANGUN HUKUM NASIONAL BERDASARKAN PANCASILA Teguh Prasetyo
Jurnal Hukum dan Peradilan Vol 3, No 3 (2014)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.3.3.2014.213-222

Abstract

Era reformasi seharusnya dijadikan tonggak pembangunan hukum nasional yang berjiwa Indonesia, yaitu hukum yang dibangun dari proses penggalian, penemuan, dan pengembangan yang bersumber dari nilai-nilai kehidupan budaya dan jiwa rakyat Indonesia yaitu Pancasila. Pembangunan hukum nasional berdasarkan Pancasila tersebut bertujuan untuk mengakhiri perbenturan dan pertentangan yang terjadi akibat penerapan pluralisme di bidang hukum.Kata kunci: Pembangunan hukum Nasional, Pancasila, pluralisme hukum

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