cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Andi Akram
Contact Email
sekretariatjurnalkumdil@gmail.com
Phone
+6221-29079286
Journal Mail Official
jurnalhukumperadilan@mahkamahagung.go.id
Editorial Address
Jl. Jend. A. Yani Kav. 58 Lt. 10 Cempaka Putih Jakarta Pusat
Location
Kota bogor,
Jawa barat
INDONESIA
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
 18   19   20   21   22 
Age Limitations for Presidential and Vice Presidential Candidates Post Constitutional Court Ruling Number 90/PUU-XXI/2023 A Democratic Perspective Delfina Gusman; Pascoal da Costa Oliveira
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.607-628

Abstract

The constitutional right to vote or be elected is a realization of a democratic government system. Freedom exists for every citizen or government to be able to participate in the advancement of a nation. Nominating the head of state in Indonesia is a big part of political participation for every citizen nominated by their political party to be able to run for president. However, in Indonesia, certain conditions must be met for citizens running for President, one of which is a minimum age limit. This age restriction became an academic debate until the Petitioner was tested at the Constitutional Court, where he had potential disadvantages, namely not being able to run for president even though he had experience or expertise in the world of government. This research is legal research with towards statutory case analysis. The results of this research explain that the age restrictions for presidential nomination requirements in Indonesia are not only bound by formal provisions, but the Court provides an alternative consideration regardless of the age of a presidential candidate who can nominate if they have experience or are currently serving as regional heads. The implications of the Constitutional Court's Decision Number 90/PUU-XXI/2023 regarding the alternative in the form of age quality for Presidential candidacy wishes of the Community in performing their  political rights
The Dark Side Of Fast Fashion: Examining The Exploitation Of Garment Workers In Bangladesh Gunawan, Yordan; Matahariza, Anandiva; Putri, Wiwit Kharisma
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.441-468

Abstract

There have been several attempts to decrease the usage of fast fashion, but no one has been able to stop its development. We are aware that fast fashion is a business model that imitates the most recent catwalk trends, has evolved into high fashion, is produced in large quantities, and is priced affordably. Fast fashion has come under fire from a wide range of people due to the fact that no worker receives the minimum wage, yet products must be mass-produced. In addition to examining the legal and regulatory framework for protecting Bangladesh garment industry workers to fulfill their rights as laborers and how these rights are applied, this article looks at the shadowy side of fast fashion in Bangladesh. This paper elaborates on Bangladesh's experience in managing the situation of a garment industry building that collapsed in 2013, killing hundreds of people inside, using a normative analysis-oriented approach. This study demonstrates that Bangladesh's legal and regulatory framework for worker protection has yet to explicitly state what rights workers are entitled to. Another factor is that Bangladesh does not yet have a robust and consistent practice of human rights-based instruments considered in court and that law enforcement does not fully grasp how to execute these rights. At the same time, it is crucial to improve law enforcement interpretation for worker-focused solutions, giving their rights, and promoting human rights practices in Bangladesh.
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.
Preventing Human Trafficking In Indonesia: The Role Of Legal Empowerment Programs Moh. Zakky AS; Merita Mece; Hamdan Zoelva; Mohammad Taufik Makarao
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.189-214

Abstract

Trafficking in persons or human trafficking, especially women and children, must be eradicated because it violates human dignity and human rights. This article examines and explores the root causes of human trafficking, the criminal sanctions, and the decisions of judges/trials on trafficking in persons in Indonesia to prevent trafficking in persons through legal empowerment. It is based on normative legal research, that is, legal research conducted by examining literature or secondary data. The study reveals that there are at least 10 (ten) root causes of trafficking in persons, which occur in various places in the world, including in Indonesia, namely poverty, lack or low level of education, demand for cheap labor/demand for sex, lack of the implementation of the human rights laws for vulnerable groups, lack of legitimate economic opportunities, Social factors and cultural practices, conflict and natural disaster, trafficking market as a business that generates a large profit, lack of safe migration options, traffickers. There are criminal sanctions against trafficking in persons in Indonesian legislation. This article highlights the importance of the use of legal empowerment in Indonesia to prevent trafficking in persons and address its root causes.
Electronic Evidence in The Healthy Justice System: Reimagined Rita Komalasari; Cecep Mustafa
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.547-580

Abstract

This study addresses one of the critical difficulties related to the admissibility of electronic evidence. This essay examines the reliability of electronic evidence in foreign criminal and civil justice systems and offers suggestions for revising the reliability of electronic evidence in Indonesian court processes. In terms of the legitimacy of electronic evidence in the criminal justice system, the method adopted is the present comparative policy approach in various nations. The paper presents the concept of a rapid check mechanism for verifying electronic evidence, which swiftly advances the settlement of criminal and civil cases.
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.
A Facile Review On The Protection Of An Invention In Nigeria: Issues And Challenges Paul Atagamen Aidonojie; Toyin Afolabi Majekodunmi; Oaihimire Idemudia Edetalehn; Omolola Janet Adeyemi-Balogun
Jurnal Hukum dan Peradilan Vol 12, No 2 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.371-408

Abstract

The development of a nation relies on technological advancements and innovations. It is evident in the progress of countries such as the USA, China, and Russia, which are considered developed nations due to the contributions of their scientists and technicians. In contrast, Nigeria and many other African countries are categorized as developing nations primarily due to the slow pace of innovation. Despite this, the legal process of obtaining protection or a patent for inventions poses a significant challenge for scientists and technicians in Nigeria. In this regard, the study employs a hybrid research method to examine the issues and challenges related to the protection of inventions in Nigeria. A descriptive and analytical approach is used to analyze the data by distributing 253 questionnaires to respondents across various geopolitical zones in Nigeria. The findings reveal a limited number of scientists and technicians involved in technological innovation, and there are obstacles to obtaining patents or protection for inventions in Nigeria. These challenges often deter scientists and technicians from investing more effort in technological innovation. Therefore, it recommended and concluded that, for practical and improved technological innovation in Nigeria, the government should create an enabling environment and review the existing legal framework for obtaining patents over inventions.
PENGAKUAN TERHADAP PIHAK NON-ADVOKAT DALAM PEMBERIAN BANTUAN HUKUM (Politik Hukum Bantuan Hukum Dalam Peraturan Perundang-Undangan Di Indonesia) Akmal Adicahya
Jurnal Hukum dan Peradilan Vol 6, No 3 (2017)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.6.3.2017.399-420

Abstract

Access to justice is everyone rights that have to be fulfilled by the government. The regulation number 16 year 2011 of legal aid is an instrument held by the government to guarantee the right. The regulation allowed the participation of non-advocates to provide the legal aid. Through this policy, government emphasizes that:1) Indonesia is a state law which legal aid is an obliged instrument; 2) the prohibition of non-advocate to participate in legal aid is not relevant due to inadequate amount of advocate and citizen seek for justice (justiciabelen), and the advocate is not widely extended throughout Indonesia; 3) Non-Advocates, especially lecturer and law student are widely spread; 4) there are no procedural law which prohibits non-advocate to provide a legal aid. Those conditions are enough argument for government to strengthen the participation of non-advocates in providing legal aid. Especially for The Supreme Court to revise The Book II of Guidance for Implementing Court’s Job and Administration.Keywords: legal aid, non-advocate, justice

Page 20 of 66 | Total Record : 653

 18   19   20   21   22 

Filter by Year

2012 2025


Reset
Filter By Issues
All Issue Vol 14 No 3 (2025) Vol 14 No 2 (2025) Vol 14 No 1 (2025) Vol 13, No 3 (2024) Vol 13 No 3 (2024) Vol 13, No 2 (2024) Vol 13 No 2 (2024) Vol 13 No 1 (2024) Vol 13, No 1 (2024) Vol 12 No 3 (2023) Vol 12, No 3 (2023) Vol 12 No 2 (2023) Vol 12, No 2 (2023) Vol 12, No 1 (2023) Vol 12 No 1 (2023) Vol 11 No 3 (2022) Vol 11, No 3 (2022) Vol 11 No 2 (2022) Vol 11, No 2 (2022) Vol 11 No 1 (2022) Vol 11, No 1 (2022) Vol 10, No 3 (2021) Vol 10 No 3 (2021) Vol 10, No 2 (2021) Vol 10 No 2 (2021) Vol 10, No 1 (2021) Vol 10 No 1 (2021) Vol 9, No 3 (2020) Vol 9 No 3 (2020) Vol 9 No 2 (2020) Vol 9, No 2 (2020) Vol 9, No 1 (2020) Vol 9 No 1 (2020) Vol 8, No 3 (2019) Vol 8 No 3 (2019) Vol 8 No 2 (2019) Vol 8, No 2 (2019) Vol 8, No 1 (2019) Vol 8 No 1 (2019) Vol 7 No 3 (2018) Vol 7, No 3 (2018) Vol 7 No 2 (2018) Vol 7, No 2 (2018) Vol 7 No 1 (2018) Vol 7, No 1 (2018) Vol 6 No 3 (2017) Vol 6, No 3 (2017) Vol 6, No 2 (2017) Vol 6 No 2 (2017) Vol 6, No 1 (2017) Vol 6 No 1 (2017) Vol 5, No 3 (2016) Vol 5 No 3 (2016) Vol 5, No 2 (2016) Vol 5 No 2 (2016) Vol 5, No 1 (2016) Vol 5 No 1 (2016) Vol 4, No 3 (2015) Vol 4 No 3 (2015) Vol 4, No 2 (2015) Vol 4 No 2 (2015) Vol 4 No 1 (2015) Vol 4, No 1 (2015) Vol 3, No 3 (2014) Vol 3 No 3 (2014) Vol 3 No 2 (2014) Vol 3, No 2 (2014) Vol 3 No 1 (2014) Vol 3, No 1 (2014) Vol 2, No 3 (2013) Vol 2 No 3 (2013) Vol 2, No 2 (2013) Vol 2 No 2 (2013) Vol 2 No 1 (2013) Vol 2, No 1 (2013) Vol 1 No 3 (2012) Vol 1, No 3 (2012) Vol 1 No 2 (2012) Vol 1, No 2 (2012) Vol 1, No 1 (2012) Vol 1 No 1 (2012) More Issue