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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 653 Documents
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ADOPTING OSMAN WARNING IN INDONESIA: AN EFFORT TO PROTECT POTENTIAL VICTIMS OF CRIME TARGET Moch. Marsa Taufiqurrohman
Jurnal Hukum dan Peradilan Vol 11, No 3 (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.11.3.2022.477-498

Abstract

In the development of criminal law globally, experts believe that preventing crime is much better than taking action. This article exemplifies several criminal cases, especially serial murder cases in Indonesia, which show the lack of quality in the crime prevention system in Indonesia. In line with these consequences, this article considers that Indonesia needs a kind of “warning” system to increase efforts to prevent crimes. Furthermore, this article refers to the experience of implementing the Osman Warning in the UK, improving the quality of crime prevention. This article concludes that there are many problems in the crime prevention system in Indonesia. In responding to these problems, this article aims to answer three concerns. First, what are the difficulties in preventing crime in Indonesia? Second, what is the extent of the obligations of law enforcement in preventing crimes? Third, what is the probability of adopting the Osman Warning concept in Indonesia? Furthermore, this article claims that the probability of implementing the Osman Warning in Indonesia is relatively high and is suitable for implementation. Finally, this article provides a view that special regulations are needed in the laws and rules to accommodate the Osman Warning in the criminal law system in Indonesia.
PROTECTION OF WOMEN'S AND CHILDREN'S RIGHTS BASED ON SYSTEM INTERCONNECTION: A New Paradigm of Execution of Women and Children's Rights after Divorce Amran Suadi
Jurnal Hukum dan Peradilan Vol 11, No 3 (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.11.3.2022.499-522

Abstract

The implementation of post-divorce decisions in the religious court demands great attention because the system for implementing decisions in divorce cases still needs to be stronger. The cost of executing the decision is not commensurate with the nominal (the ex-husband must pay “the obligation” to his ex-wife). As a result, court decisions become “useless”, which are only authoritative in writing but weak in implementation. Through this paper, the author wants to explain a new concept related to the fulfillment of the rights of women and children after divorce based on an interconnected system so that post-divorce women and children are guaranteed their fulfillment of rights without going through the process of execution in court. This research is normative research through a statutory approach and a conceptual approach. This research shows that ensuring the women's and children's rights fulfillment requires an interconnected system. Courts must involve non-judicial institutions in an integrated manner following their respective authorities. This new framework makes institutions outside the judiciary as external partners in implementing single identity-based court decisions.
CONSTRUCTION OF LEGAL CULTURE MODEL FOR CORRUPTION PREVENTION THROUGH SOCIAL MEDIA IN INDONESIA Agus Riwanto
Jurnal Hukum dan Peradilan Vol 11, No 3 (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.11.3.2022.385-404

Abstract

Fighting corruption is done not only repressively but also preventively through a legal culture approach. This article examines and explores the construction of a legal culture model to prevent corruption through social media. Because the rampant corruption in Indonesia is also caused by cultural factors, including the weak culture of religiosity, strong kinship culture, and paternalistic culture. The research method used is non-doctrinal or social-legal with a conceptual approach. This study found that preventing corruption from the aspect of legal culture can be done by utilizing internet-based culture in the new age in various social media, such as Facebook, Twitter, WhatsApp, Instagram, and blogs, as a tool for social movements to prevent corruption. Because philosophically, the media functions for surveillance, interpretation, linkage, and the transmission of values and entertainment simultaneously. The urgency of the role of the media as a tool for the anti-corruption community movement or civil society is because, in the tradition of internet-based democracy or e-democracy, social media is placed as the fourth pillar of democracy or the fourth estate democracy for a balancer in the supervision of democratic governance. Several construction models of the legal culture of the anti-corruption watchdog social movement are needed through social media, namely, the model for forming a non-profit social media organization. Second, the model creates an anti-corruption icon on social media. Third, a model for the legal protection of the anti-corruption movement on social media.
URGENCE AND CHALLENGES OF REGULATION OF AMICUS CURIAE IN THE JUDICIAL SYSTEM Agus Suntoro
Jurnal Hukum dan Peradilan Vol 11, No 3 (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.11.3.2022.523-544

Abstract

The judicial system in Indonesia is dynamic and adaptive to the development of science and law, not least within the scope of the Supreme Court of the Republic of Indonesia, one of which relates to the amicus curiae (friends of the judiciary). In practice, amicus curiae are generally presented in cases or trials that get public attention and the livelihoods of many people, such as the environment, land, labor, and so on. Nevertheless, there is no regulation or Supreme Court Regulation on the application of amicus curiae in the trial, but various practices have occurred within the court. This paper will discuss: (a) how the concept of amicus curiae is in the justice system in several countries, (b) the practice and application of amicus curiae in the judiciary in Indonesia, and (c) the opportunity for the Supreme Court to issue regulations or circulars that seek to regulate the implementation of the amicus curiae as part of legal developments in Indonesia. This writing uses a qualitative method with a normative juridical approach. The results of this paper conclude that amicus curiae have become a good practice in the judicial system in Indonesia, especially in public cases, and the Supreme Court has the authority to make arrangements through PERMA as a foundation and procedure guide for all judicial personnel and society in Indonesia.
LIMITATION OF MEANINGFUL PARTICIPATION REQUIREMENTS IN THE INDONESIAN LAW-MAKING PROCESS Angga Prastyo
Jurnal Hukum dan Peradilan Vol 11, No 3 (2022)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.3.2022.405-436

Abstract

The Indonesian Constitutional Court through Decision Number 91/PUU-XVIII/2020, in the consideration section, shows how public participation in the formation of laws should be implemented, that is based on formal legal regulations and carried out in a “meaningful participation”. Participation is said to be meaningful if the right to be heard, the right to be considered, and the right to be explained or answered to the opinions and inputs given are fulfilled by the legislators. Who the subjects of meaningful participation are, what the limitations of the material or substance of meaningful participation are, where the appropriate space or media for meaningful participation is, and how to consider and answer to meaningful participation is given, will be the problems discussed in this conceptual study. This study needs to be carried out to clarify the limits of meaningful participation so that the concept or theory as the basis can be applied and accommodated in laws and regulations. The main idea of the result of this study is the findings regarding the limits of meaningful participation in the formation of laws, that is the provision of opinions and inputs carried out by parties affected directly or indirectly and have concern to it. In addition, indicators for assessing the substance of participation and receiving opinions and inputs are “the purpose” of the regulation that will be formed. The participation media as well as participation explanations and answers are delivered conventionally and virtually with certain intelligence adjustments to the information technology used.
JURIDICAL PROBLEMS ON COOPERATIVE BANK REGULATIONS ON INDONESIA'S ECONOMIC GOALS Almaududi Almaududi; Ihsani Mazelfi
Jurnal Hukum dan Peradilan Vol 11, No 3 (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.11.3.2022.437-452

Abstract

This paper is concerned with the juridical problems on cooperative banks’ regulations on Indonesia’s goals stated in the 1945 Constitution Republic of Indonesia. The problems arise due to the absence of commercial banks in the form of cooperative banks. Furthermore, Indonesia has a minimum number of cooperative rural banks (BPR Co). Currently, OJK registered only 19 BPR Co out of 1545 BPRs (0.01%). The study aims to examine the juridical problems of cooperative bank regulation in Indonesia’s goals as stated in the 1945 Constitution. It is normative research, analyzed qualitatively and presented in a descriptive. The study reveals that the Government and the Financial Services Authority (OJK) have no intention of further regulating the legal form of Cooperative Banks. We can see it from the non-accommodation of Cooperative Banks in Law on Syariah Banking. In addition, we could also see it from the absence of regulation on Cooperatives Commercial Bank in OJK Regulation. Therefore, it is not surprising that no commercial banks in Indonesia are in the legal form of cooperative. 
ITSBAT ON WIDOW'S MARRIAGE DURING IDDAH: OVERVIEW ON THEORY OF NORM HIERARCHY (Study of Stipulation Number 137/Pdt.P/2018/PA.Bm) Faiq Tobroni
Jurnal Hukum dan Peradilan Vol 11, No 2 (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.11.2.2022.313-342

Abstract

The presence of legal norm hierarchy theory can be used to describe legal events that cannot be resolved only by concrete legal norms. This paper will elaborate on this theory and its implementation to explain the legal considerations behind the acceptance of istbat of widow marriages during the iddah period as occurred in Stipulation Number 137/Pdt.P/2018/PA.Bm. By using qualitative methods and secondary data, this article concludes that the legal consideration of judges for accepting this case is the nescience, child protection, and absence of bad willing. The construction of legal considerations in this case represents the movement of selecting norms from al-ahkam al-far`iyyah to al-usul al-kulli and al-qiyam al-asasi.
THE SUPREME COURT'S AUTHORITY AS AN IMPLEMENTER OF INDEPENDENT JUDICIAL POWER IN THE RECRUITMENT OF JUDGES Pri Pambudi Teguh; Fahri Bachmid; Ismail Rumadhan
Jurnal Hukum dan Peradilan Vol 11, No 2 (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.11.2.2022.343-364

Abstract

The primary issue addressed in this study is how the Supreme Court's authority is autonomous in hiring judges with the status of state officials for judicial organizations within its jurisdiction. Because the legislation was the primary source of information, this study took a normative juridical approach. The study's findings indicate that the current legal framework is not yet fully capable of accurately regulating, thoroughly implementing, and enforcing the judicial system and pattern and judges' status as state officials. The current system and pattern of judicial recruitment continue to demonstrate the lack of transparency and uncertainty regarding the legal rules governing the recruitment pattern of judges with state official status. The existing rules retain a tenuous legitimacy because they are not governed by the Constitution, which establishes an independent Judicial Authority charged with enforcing law and justice. As a result, it will be required to enact new rules and regulations governing the system and pattern of recruitment of judges in accordance with the characteristics of judges' positions as state officials in the future to ensure the implementation and accountability of judicial responsibilities.
ANALYSIS AND EVALUATION OF LEGAL AID IN THE INDONESIAN COURT Budi Suhariyanto; Cecep Mustafa
Jurnal Hukum dan Peradilan Vol 11, No 2 (2022)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.2.2022.176-194

Abstract

This article examines the regulation and application of legal aid services in Indonesian Courts. Normatively, the guidelines for the provision of legal aid in court are based on the Law on Judicial Power, Law on General Courts, Law on Religious Courts and Law on State Administrative Courts, and Supreme Court Regulation Number 1 the year 2014 (Perma). On the one hand, there is incoherence in the provision where the law determines that free legal service (Posbakum) service supported any level of the court until the decision is legally binding and executable, whereas in Perma applicable for the district court. On the other hand, there is an expansion of the provision of legal aid services regulated by Perma, namely that the recipient of services is not required by the poor as stipulated by law, but also for those who cannot afford to pay for advocate services. The leniency of this requirement is to facilitate people who are not categorized as poor but cannot pay for the services of a lawyer. In addition, Perma also provides services in the form of Sessions Outside the Court Building (SLGP) to facilitate justice seekers who have limited access to transportation and accommodation for the distance from the court. So the inability of the justice-seeking community is also interpreted as the inability to access trials or litigate cases in court due to the remote location or difficulty in transportation and accommodation. There are several obstacles in providing legal aid services at the court, namely related to budget constraints, lack of socialization, and availability of facilities and infrastructure. This article contributes to the role of the Indonesian Court in providing unique access to justice.
THE SECOND REVIEW REQUESTING CONTROVERS IN CRIMINAL CASES Chairul Huda
Jurnal Hukum dan Peradilan Vol 11, No 2 (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.11.2.2022.365-384

Abstract

Formally, the review can be carried out more than once, based on the Decision of the Constitutional Court (MK) No. 34/PUU-XI/2013, which states that Article 268 paragraph (3) of the Criminal Procedure Code is contrary to the 1945 Constitution of the Republic of Indonesia and therefore has no binding force as law. This paper intends to discuss the second review's philosophical, juridical, and sociological aspects. The Supreme Court, through SEMA No. 10 of 2009 as strengthened by SEMA No. 7 of 2014, confirms that a review of more than one time is only possible if there is an object of the case there are 2 (two) or more judicial review decisions that conflict one another. The restriction on review from being submitted only once is intended to provide justice to the victim, the community, and the state. The extraordinary effort remains within a measurable corridor and does not limit access to justice for the convict.

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