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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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PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN OBAT-OBATAN TRADISIONAL DALAM REZIM HAK KEKAYAAN INTELEKTUAL (HKI) INDONESIA (Studi Pada Masyarakat Tradisional Sasak) Dwi Martini; Hayyanul Haq; Budi Sutrisno
Jurnal Hukum dan Peradilan Vol 6, No 1 (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.6.1.2017.67-90

Abstract

In the modern context, the Traditional Medicine Knowledge (TMK) of Sasak community is a valuable economic asset considering its usage as a basic knowledge (milestone) in the modern medicine discovery. As a form of human intellectual ability, TMK is regulated under the IPRs-TRIPs regime, whereas TMK have prominent opposite characters with IPRs. This fact raises particular issues in terms of: the form of Sasak community’s TMK, regulation of its protection under the IPRs regime and the ideal legal institution to realize the protection. The majority of Sasak’s TMK are transmitted verbally, a fraction of it was written in babon (book of) tetamba/oat and lontar Usada. The IPRs-TRIPs regime only provides indirect regulation toward TMK, as contained in Patent and Plant Variety Protection Law. Ideally, there should be a local Law that particularly regulates protection on Sasak’s TMK in order to prevent misappropriation. Thus, there is a void of Law since there is no Sui Generis Law on the protection of TMK.Keywords: legal protection, traditional medicine knowledge, legal void
MORALITAS HUKUM DALAM HUKUM PRAKSIS SEBAGAI SUATU KEUTAMAAN Subiharta Subiharta
Jurnal Hukum dan Peradilan Vol 4, No 3 (2015)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.4.3.2015.385-398

Abstract

Morality without law is powerless and law without morality is meaningless. Practical law as a virtue emphasizes on morality, providing justice, legal certainty, balance and expediency. Practical law isn’t the kind of law in the sense of merely black and white, but it is one that is able to make change in society, have and ethical dimension, contain legal values which live among people in the community.Keywords: Legal Morality, Virtue of Practical Law, Justice, Legal Certainty, Balance, Expediency
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
PROBLEM LEMBAGA PEMASYARAKATAN DI INDONESIA DAN REORIENTASI TUJUAN PEMIDANAAN Ismail Rumadan
Jurnal Hukum dan Peradilan Vol 2, No 2 (2013)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.2.2013.263-276

Abstract

Many criminal problems that occurred in the prison showed that noble goal penitentiary establishment initiated by Sahardjo since its inception as a coaching institute, ethics and honor. That the person who lost had to give him stock diayomi live as good citizens and useful in society to be a difficult thing to achieve. This condition inspires us to re-review the (re-orientation) models that are used in a criminal prosecution of criminal law enforcement. Criminal law enforcement orientation semistinya not end at the prison in the form of criminal sanctions against the defendant, but the imposition of sanctions in the form of social sanction against the defendant with the crime scale reactive light need to be prioritized or preferably through a restorative justice approach. Keywords: Criminal Justice, the purpose of punishment, restorative justice.
MODEL IDEAL PROMOSI DAN MUTASI APARATUR PERADILAN INDONESIA Irfan Fachruddin
Jurnal Hukum dan Peradilan Vol 1, No 1 (2012)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.1.2012.113-146

Abstract

Promotion and Implementation of the consequences of mutations causing a correlation between the quality of promotion and transfer to the performance and behavior of judges. Promotions and mutations that do not cause trouble families would improve morale and performance, instead the promotion and transfer of judges to make family life difficult and frustrating declining morale and performance. Then the fight promotion and transfer to the material does not encourage the growth of professionalism of judges and job performance. Hence the need for normative policy governing promotion and transfer mechanisms for the basis implementation equitable promotion and transfer. Compiled promotion and transfer patterns using the system region / territory with the division of the province, the region (some provinces), the national territory. Reclassification of the court by adding criteria case complexity and dynamics of the economy in addition to the substantive elements, circumstances of the case and supporting elements, population, population density, as well as communication and transportation. Imposed purely functional status. Promotion of judges / class civil servants are not hampered by the same leadership position the judge or judges of the lower classes of the judge concerned. It was also necessary to minimize the differences between leaders facility with the judge, so the judge does not have to hunt comfortably leadership positions and perform tasks on its position. Openness is limited, such inspraak and hearing, an opportunity to participate in determining the policy of the authority by a judge that the object of promotion and transfer. Keywords: Promotions and mutations, Justice Reform
ADVOCATE IMMUNITY: QUO VADIS OF VALUE AND ETHICS IN LEGAL NORMS? Rocky Marbun
Jurnal Hukum dan Peradilan Vol 8, No 1 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.1.2019.123-148

Abstract

If the value in the ethics of a particular profession is attributed to the property of that particular profession, then the judgment of a 'good faith' offense can only be traced through a mutual consensus agreed upon by those in the profession. However, in this case, the Researcher is not in a position to say an Advocate can not be convicted. The researcher is more respectful of the value that should be heard and raised surface on the hegemony of legal norms.
THE ACCESS TO GOVERNMENT FINANCIAL SUPPORT THROUGH LEGAL CHANNELS OF SMALL AND MEDIUM ENTERPRISES IN FOUR ASIA PACIFIC COUNTRIES Muhamad Marwan
Jurnal Hukum dan Peradilan Vol 9, No 2 (2020)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.2.2020.298-313

Abstract

The aim of this study is to determine the impact of networking on SME’s ability to access government financial support through legal channels in Asia Pacific. This study is quantitative in nature in which the data has been gathered from 281 employees and managers working in SMEs through survey questionnaire. The SEM technique was utilised for the purpose of analysing and testing the mediation effect. The study found that there is a partial mediation of government financial support through legal channels among the relationship between networking with officers and access to finance. This study is restricted to the SMEs operating in the region of Asia Pacific.
Supreme Court's Legal Advice: Limits, Procedures, and Need for Change Kelik Iswandi
Jurnal Hukum dan Peradilan Vol 13, No 3 (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.13.3.2024.607-634

Abstract

The Supreme Court offers legal advice to state organs and government agencies. Nonetheless, there are no regulations governing the execution of Supreme Court Legal Advice. This paper analyses the limitations and procedures of Supreme Court legal advice. This is a normative legal analysis grounded in conceptual and statutory law. This study utilized legal texts, doctrinal sources, and scientific material. This study employs Miles and Huberman's data analysis methodology. This study demonstrates that Article 37 of the 1985 Supreme Court Law and Article 22 paragraph (1) of the 2009 Judicial Power Law are contradictory. The dispute pertains to the petitioner seeking Supreme Court Legal Advice. The Supreme Court's Legal Advice is only extended to state organs and government agencies. The Supreme Court lacks the authority to offer legal advice to local governments, community organizations, and non-governmental organizations. The Chief Justice of the Supreme Court offers legal advice to state organs, while the Chairman of the Supreme Court Chamber provides legal advice to government agencies. Both legal advice continues to be designated as Supreme Court Legal Advice.
THE VALIDITY OF TURKEY-LIBYA’S AGREEMENT ON MARITIME BOUNDARIES IN INTERNATIONAL LAW Yordan Gunawan; Verocha Jayustin Sastra; Adyatma Tsany Prakosa; Mutia Ovitasari; Lathifah Yuli Kurniasih
Jurnal Hukum dan Peradilan Vol 9, No 2 (2020)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.2.2020.170-185

Abstract

The conflicts between Turkey and Greece have been going on for a long time. Several conflicts caused tension between Turkey and Greece, such as the territory of Aegean, Cyprus, and other problems. The tension increased because the bilateral agreement between Turkey and Libya on the maritime boundaries of the Eastern Mediterranean, which signed in 2019, was opposed by Greece because the Agreement did not take into account the existence of the island which owned by Greece. The Agreement between Turkey and Libya made Greece furious because Greece considered that the action violated Greece’s sovereignty. The research aims to find out further about the validity of the agreement between Turkey and Libya on the maritime boundaries, which threatened Greece’s sovereignty. By using normative legal research, the research emphasizes the bilateral agreement between Turkey and Libya is invalid since it against the international law principles, namely sovereignty of states, good faith, good neighborhood, and Treaty of Amity and Cooperation. The paper will contribute to giving a theoretical understanding regarding aspects that need to be considered, outside the procedural aspects, when a state wants to make an agreement with another state, according to international law.
Implementing The Anti-Money Laundering Law: Optimizing Asset Recovery in Corruption Cases in Indonesia Yoserwan Yoserwan; Fausto Soares Dias
Jurnal Hukum dan Peradilan Vol 13, No 2 (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.13.2.2024.227-250

Abstract

Corruption is still a severe problem in Indonesia. In 2022, the Attorney General Office of the Republic of Indonesia alone succeeded in handling 405 of 597 corruption cases in 2022, with a state loss of 39.207 trillion out of a total of 42.747 trillion. When the state loss is combined with the state economic loss, which refers to the indirect financial impact on the state due to corruption, the number will be up to IDR142 trillion. However, the total asset recovery through fines and state loss compensation was only IDR 8.9 trillion. Thus, it only recovers about 12% of state losses due to corruption. One of the efforts to recover state losses is applying the law on money laundering because its main objective is to pursue the proceeds of a crime, including corruption. This paper discusses how the money laundering law will be more optimal in recovering state losses due to corruption and its application in several cases. The method used in this study is normative legal research, especially case studies relating to implementing a money laundering law on corruption cases. From the study, it can be concluded that the anti-money laundering law was not optimally applied in asset recovery in corruption cases. Only in corruption, which indicates an actual state loss, can the anti-money laundering law be applied. Moreover, there should also be an indication that the money laundering process follows corruption. Applying the Anti-Money Laundering Law, whether in the investigation, prosecution, or trial of criminal acts of corruption, has not been optimal, so it has not supported efforts to recover state losses.

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