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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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Addressing Willful Blindness: A Multi-Domain Framework for Enhancing Legal Accountability and Fairness Mustafa, Cecep
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.13.3.2024.551-584

Abstract

Willful blindness, a legal doctrine in which individuals deliberately avoid knowledge to escape accountability, plays a significant role in the adjudication of crimes such as corporate fraud, financial misconduct, and sexual assault. However, current research has not fully examined its strategic misuse or provided a comprehensive analysis of its application across different legal contexts. This study bridges these gaps by introducing a Multi-Domain Analytical Framework to evaluate the concept's impact, strategic use, and broader implications in both criminal and civil cases. Empirical findings reveal that willful blindness is often employed to evade legal responsibility, undermining justice and compromising the fairness of legal outcomes. The study further demonstrates the inadequacy of existing legal standards and evidentiary requirements in addressing this issue. To counter these challenges, the research proposes targeted policy reforms designed to strengthen accountability, enhance evidentiary clarity, and improve the overall fairness and effectiveness of the legal system. In conclusion, willful blindness remains a critical and manipulative tool with profound implications for justice and accountability. This study highlights the necessity of reforming legal frameworks to mitigate the strategic exploitation of willful blindness. By setting the stage for further research and policy development, the findings contribute to the ongoing evolution of a more just and equitable legal system capable of addressing the complexities of modern legal challenges.
Reforming Legal Decision-Making: A Study of Hindsight Bias on Judicial Impartiality Zahra, Salma; Azizan, Akmal; Sophia, Sally; Perai, Nurajam
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.13.3.2024.447-482

Abstract

Legal decision-making is heavily influenced by cognitive processes like memory and judgment, which are vulnerable to biases such as false autobiographical memories, hindsight bias, and pretrial publicity. These flaws can lead to wrongful convictions, biased negligence assessments, and compromised impartiality, undermining legal fairness. This study examines these cognitive vulnerabilities, analyzing their mechanisms and proposing strategies to reduce their impact. A literature review of empirical research from 2018 to 2023 integrates findings from psychology, neuroscience, and law. The study highlights how these biases affect legal outcomes and suggests practical solutions like simplified judge instructions, structured interrogation protocols, and bias awareness training. The research uses Cognitive Load Theory, aiming to enhance the integrity of legal processes and provide evidence-based recommendations to improve the fairness and accuracy of legal decisions.
Supreme Court's Legal Advice: Limits, Procedures, and Need for Change Iswandi, Kelik
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.
Strengthening Sharia Microfinance Regulations And Business Models In Indonesia Sugeng, Sugeng; Fitria, Annisa; Rohman, Adi Nur; Jr., Andre Cardenas
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 Candra, Anton Afrizal; Haji Abdullah, Raihanah Binti
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.
Optimizing Civil Construction Litigation In Indonesia: A Comprehensive Framework For Efficiency, Expertise, And Equity In Dispute Resolution Azizan, Akmal; Sophia, Sally; Zahra, Salma; Perai, Nurajam
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.13.1.2024.189-226

Abstract

Delays, excessive expenses, and a decline in public confidence come from the specialized nature of civil construction litigation in Indonesia. Several efforts have been made to improve civil construction litigation in Indonesia, such as introducing procedural reforms to expedite case processing times, increasing access to mediation and alternative dispute resolution (ADR), and the occasional involvement of technical experts to assist judges in understanding complex construction issues.    Unresolved problems continue despite current attempts; a complete system redesign is required. This paper attempts to fill such knowledge gaps and provide fresh approaches to civil construction litigation in Indonesia. This study provides a comprehensive strategy to improve litigation effectiveness, efficiency, and professionalism by incorporating worldwide best practices and offering practical solutions. The research takes a methodical look at effective models in the UK, Germany, France, and Japan. It identifies critical issues in the Indonesian setting and develops specialized procedural tools like "Case Management Information Tables" and "Case Management Plan Tables." A long-term vision for the legal framework is also discussed, along with strategic approaches to expert evidence, creating a qualification and assessment system, the participation of active-standing technical advisors, and more. The study produces a versatile and all-encompassing structure for civil construction litigation in Indonesia. The research fills a need in the literature by providing valuable resources and fresh ideas for improving efficiency in legal procedures, bolstering the credibility of expert testimony, establishing stringent qualifying criteria, and encouraging long-term flexibility. The public's faith and confidence in the Indonesian legal system are bolstered due to these contributions, which increase the process's efficiency and justice.
Strengthening Independence: Constitutional Interests As A Paradigm For Judicial Review In Indonesia Rahman, Andriansyah; Maizaroh, Muthi'ah
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.13.1.2024.33-62

Abstract

The existence of a constitutional injury requirement since Constitutional Court Decision Number 006/PUU-III/2005 was strengthened by Constitutional Court Regulation Number 2 of 2021. In fact, 34 cases in the last 3 years have been ruled inadmissible due to the issue of not fulfilling the requirements of constitutional injury. Some of them are about the New Criminal Code and the Law on Villages, which are considered urgent to be tested but are hampered by the fulfillment of the constitutional injury requirement. This research will prove that the constitutional injury requirement has distorted the independence of the Indonesian Constitutional Court. On the other hand, constitutional interests is a paradigm for restoring the independence, analyst and comparison have provided answers to the issues raised. The results of normative legal research with literature study show two important things. First, the requirement of constitutional injury undermines independence, so it must be eliminated and accompanied by a supporting paradigm that allows it to be eliminated. Second, applying the paradigm of constitutional interests as a condition for fulfilling legal standing. Systematically, constitutional interests are a manifestation of the independence of the Indonesian Constitutional Court by removing obstacles for the public to achieve access to justice.
Analysis Of Opportunities For Implementing The Amicus Curiae Concept As A Form Of Public Participation In The Judicial System In Indonesia Thomas, Jerry; Liman, Vivaldi
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.13.1.2024.1-32

Abstract

This research uses the normative juridical method, and it aims to determine the amicus curiae mechanism in the Indonesian legal system. The research results show that the implementation of amicus curiae in the judicial system in Indonesia still needs a common perspective among judges, where there are still judges who accept or reject this concept or do not even consider it at all. The concept of amicus curiae in the Indonesian legal system has yet to be a significant consideration because no explicit regulations accommodate it. Still, it is often stated that the position of amicus curiae is embodied through Article 5 of Act Number 48 of 2009 on Judicial Power, which mandates judges to explore, follow, and understand legal values and a sense of justice that lives in society. In line with these provisions, the judge has the authority to provide space and open up the broadest possible information and opinions from various groups who pay special attention to a case being examined.  Judges using amicus curiae in their considerations, both from a philosophical, sociological, and juridical perspective, aim to prioritize legal certainty and provide justice with the participation of society. The research then provides a suggestion that the Supreme Court of the Republic of Indonesia can issue a Policy Circular or through a Decree of the Chief Justice of the Supreme Court regarding guidelines that judges can use to implement amicus curiae and how to assess the quality of information in amicus curiae.
Land Problems and Legal Impact for Agrarian and Spatial Planning Officers Syahr, Zulfia Hanum Alfi; Hakim, Muh. Ridha; Utomo, Nurrahman Aji; Wismayanti, Yanuar Farida; Ansyah, Rahmat Husein Andri; Sally, Novian Uticha
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.13.1.2024.123-146

Abstract

The Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) is a government institution with the authority to carry out duties and functions of public services in agrarian, spatial planning and land. The development of land law issues in society has involved many officials from the Ministry of ATR/BPN as implementers of agrarian and land sector functions. The impact is the emergence of a sense of anxiety and worry felt by the Ministry of ATR/BPN officials when carrying out their duties. It is because if the land administration services provided by the Ministry of ATR/BPN are not thorough and careful, there are many gaps in legal violations, not only administrative and civil but also criminal. If the implementer of agrarian and land functions is a Civil Servant (PNS) and becomes a suspect in a legal case, he will be temporarily dismissed. He will not receive income from the Government Regulation on Civil Servant Management. Therefore, the problem that will be studied in this paper is the legal impact of land problems on the implementers of agrarian functions. This study explores the potential legal risks that implementers of agrarian functions can experience amidst the development of problematic land issues. The method used in this study is qualitative with a normative juridical approach. A normative juridical approach examines the legal rules and regulations that apply to answer legal problems. The results are that the administrative services carried out by the Ministry of ATR/BPN cannot be seen solely as part of administrative law. This is because the administrative services carried out can impact a person's legal ownership/civil status. Existing law enforcement instruments differentiate the judicial process for administrative, civil, and criminal violations.
Aspects Of Justice Of Marriage Dispensation And Best Interests For Children Imran, Imran; Suadi, Amran; Risnain, Muh.; Nurbani, Erlies Septiana
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.

Page 32 of 66 | Total Record : 653

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