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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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Reforming Indonesian Criminal Justice: Integrating Recidivism Risk Assessment for Fair and Effective Sentencing Zahra, Salma; Azizan, Akmal; Sophia, Sally; Perai, Nurajam
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.13.2.2024.275-310

Abstract

The major goal of this study is to develop a contextually appropriate and nuanced framework for incorporating recidivism risk indicators into sentencing recommendations in Indonesia. This research seeks to bridge the gap between global best practices and Indonesia's unique sociocultural setting by performing a deep investigation of the cultural and legal intricacies particular to Indonesia and comparing worldwide methods. The study also highlights the significance of pre-sentence investigations in obtaining a complete picture of offenders' histories and habits and so shaping sentencing choices. The study's approach includes a comprehensive review of relevant Indonesian literature, laws, and case law. The methods include a comparative study that draws parallels between domestic and international norms in places like the USA, UK, DE, and FR. The research recommends risk factor criteria that are particular to Indonesia, taking into account the country's culture and legal system. Juvenile imprisonment, elements in sexual crimes against minors based on age, and complex conceptions of interpersonal connections are all examples of these aspects. The study supports using these culturally sensitive characteristics into sentencing standards to improve the judicial system in Indonesia. The report also emphasizes the significance of pre-sentence investigations in providing judges with comprehensive data for making fair and effective sentences. This study promotes continuing discussion and growth within Indonesia's criminal justice system by filling in knowledge gaps and providing concrete recommendations for better incorporating recidivism risk variables into sentence guidelines.
AI on The Bench: The Future of Judicial Systems in The Age of Artificial Intelligence Fernando, Zico Junius; Anditya, Ariesta Wibisono
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.13.3.2024.523-550

Abstract

This in-depth research explores the emerging relationship between artificial intelligence (AI) and legal systems by addressing key questions and understanding the evolution of global justice systems. This study focuses on the role of AI in strengthening the efficiency and objectivity of the judiciary, especially through the application of AI as judges in countries such as China and Estonia. This research aims to systematically analyse these developments, examining how AI is being integrated into justice systems in different parts of the world with challenges related to ethics, accountability, and human rights. The study results show that the integration of AI in the legal system brings increased efficiency and potential for transparency but also raises serious concerns about bias in AI algorithms, limitations in interpreting complex laws, and the impact on human rights principles. The main findings of this research show that the integration of AI in the legal system contains great potential for transformation but also requires a careful approach. While AI can improve the efficiency and quality of decision-making, it is important that AI is developed and implemented within a solid legal and ethical framework that respects human rights and maintains the justice system's integrity. This research emphasizes the need to consider each country's unique legal, cultural, and social context when adopting AI into their legal systems.
Criminalizing Non-Compliance with Civil Execution Orders: A Strategy for Enhancing Legal Certainty and Business Efficiency Daim, Nuryanto Ahmad; Bayuaji, Rihantoro; Abadi, Suwarno
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.13.2.2024.337-364

Abstract

People seeking justice through civil justice often complain about legal uncertainty in terms of execution, because the execution procedure for civil cases does not have definite time period, especially when the Defendant takes other legal remedies such as opposition lawsuits and civil lawsuits, the execution process is also postponed. Moreover, when the losing party uses resistance methods in the execution time, the execution is also postponed. Therefore, this research aims to obtain the value of legal certainty regarding the implementation of the execution, because the losing party or related third parties can pursue a lawsuit against the execution which can prevent the execution. The target of this research is to create a policy model for resolving legal issues related to execution in order to create a sense of legal certainty and justice for the plaintiff (the winning party). The method used is normative juridical with a conceptual approach, statutory approach, comparative approach and philosophical approach. The findings of the research are that: non-compliance with legally binding decisions is still a form of civil contempt because it belongs to the civil domain, it is constructive (indirect) contempt because the execution of a civil case is the last part of the hearing process, so the action is id entified as disobeying a court order occuring when an act that should or should not be carried out by someone ordered or requested by the court in carrying out his or her functions cannot be fulfilled by the person who was ordered. So this unlawful act can be qualified as a criminal act as regulated in Article 281 paragraph (1) of Law Number 1 of 2023 on the Criminal Code (KUHP).
Dualism In The Settlement of Jinayat Cases, Which Includes General Crimes in Sabang City Manihuruk, Erick Jeremi; Mulyadi, Mahmud; Trisna, Wessy; Andriati, Syarifah Lisa
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.13.2.2024.311-336

Abstract

Implementing jinayat law enforcement in Sabang of Aceh Province experiences a dualism of settlement, which causes legal uncertainty. This can be observed in practice where the Sabang District Court instead adjudicates cases that should be under the jurisdiction of the Sabang Sharia Court. This article elaborates on the dualism in the settlement that occurs and identifies the causes of the dualism in the settlement of criminal cases using Soerjono Soekanto's law enforcement factor theory. Based on that, efforts were found that could be made to overcome this dualism. The analysis results indicate that the dualism of settlement can be observed through 6 (six) cases that should be under the jurisdiction of the Sabang Sharia Court but were adjudicated by the Sabang District Court, the majority of which are minor-related cases. There are cases where the same defendant is tried in close succession in both judicial institutions for similar acts with different victims. It happens due to various factors, such as the legal factor: inadequate provisions regarding minors at Qanun Jinayat. Law enforcer factor: other views on minor-related cases and a lack of precision in implementing existing law. Facilitating factor: unavailability of detention rooms at Sabang Sharia Court and budget for executions. Society factors: public lack of legal knowledge. Based on the results of this identification, efforts can be made to include professional law enforcement, harmonization of judicial authority through internal agency regulations, and evaluation of moral offenses in the Qanun Jinayat.
Urgency of Performance Tiering for Indonesia's Supreme Court: A Constitutional Law Perspective Nugroho, Agus Digdo; Meliala, Nikko Banta
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.13.3.2024.663-698

Abstract

The Supreme Court of Indonesia is pivotal as a representative of judicial power. However, evaluations and reports indicate suboptimal performance outcomes, necessitating the implementation of a structured performance tiering framework. This research employs an empirical juridical approach involving surveys, court visits, and focus group discussions, supplemented by a literature review. The study highlights the Supreme Court's need to operationalize its vision of "Realizing Indonesia's Supreme Judicial Body" through clear, measurable performance indicators. Adopting Logical Models, Logical Frameworks, and Critical Success Factors can streamline accountability, enhance judicial efficiency, and ensure alignment across organizational tiers. This paper outlines the steps and benefits of performance tiering in improving Indonesia's judicial system. Performance tiering will become a thinking summary of institutions' functions, use of authority, performance and organization achievements, organization direction, and even paradigm of every process in the Supreme Court and judicial entities under them. The performance tiering of the Supreme Court should ideally adopt the Logical Model, Logical Framework, and Critical Success Factors.
Effectiveness of Dispute Resolution in Religious Courts Through Mediation by Non-Judge Mediators Within Banten Majid, Saiful; Al Hasan, Fahadil Amin; Candra, Mardi; Saleh, Arief Isdiman
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.13.2.2024.251-274

Abstract

Mediation is a method of resolving disputes through a negotiation process with the assistance of either a judge or a non-judge mediator. The Supreme Court of Indonesia set a nationwide aim of 25% for settling disputes by mediation in 2023. However, the actual implementation in the jurisdiction of the Banten Religious High Court is only around 20,7% of the defined target, below the national success rate for religious courts, which has reached 39.85%. One of the main factors is the over-reliance on non-judge mediators and the mediator's ability to lead the mediation. Thus, mediation management must be improved, and the capacity of mediators, particularly non-judges, must be increased. This study seeks to discuss the effectiveness of dispute resolution by non-judge mediators and how to maximize the level of success in settling disputes by non-judge mediators. This article is a descriptive qualitative study using normative juridical and empirical approaches. According to the findings of this study, the mediation process in religious court institutions, particularly in the jurisdiction of the Banten Religious High Court, has not been effective because most of the process is directed by non-judge mediators who are less qualified than judge mediators. To increase the success rate of the mediation implementation process, the court must take the following steps: Rewarding non-judge mediators, organizing coaching and training programs for non-judge mediators, determining national mediation settlement targets by involving non-judge mediators, implementing hybrid mediation (between judge mediators and non-judge mediators); and conducting regular evaluations of a non-judge mediator.
Review Apartment by Consumer on Social Media vs Criminal Charges by Developer: Between Consumer Complaint and Defamation Kongres, Evi; Kokpan, Bariyima Sylvester
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.13.2.2024.393-420

Abstract

Despite legal safeguards for freedom of expression and the right to be heard, consumers frequently encounter legal obstacles, particularly in cases where businesses initiate defamation claims. This issue is exemplified by the cases of Deedi Tjhandra, Muhadkly AT, and Desvalia, wherein consumers, after receiving no response to their complaints from developers, took to social media to post reviews of the apartment they had purchased. In these cases, it was found that the developers had breached contractual obligations, as the apartments and their associated amenities did not conform to the standards advertised in promotional materials. This study aims to analyze the rights of consumers to post video reviews of goods and/or services on social media, especially when such reviews result in defamation lawsuits and subsequent convictions. The court's ruling, in this case, found Deedi Tjhandra guilty of defamation despite the defamation statute in question having been repealed and replaced by more recent legislation. The updated legislation specifies that legal entities are barred from pursuing defamation claims. Additionally, the court did not consider the regulations established by the Joint Decree and CC rulings. The research employs a normative juridical methodology incorporating legislative and conceptual analyses. The novelty of this study lies in its exploration of the public interest concept within criminal and civil law as it pertains to defamation statutes being met through social media, particularly when these reviews serve the public interest. Additionally, the study assesses the adherence of law enforcement agencies to established regulations concerning defamation.
Prospect, Legal, and Health Risks in Adopting The Metaverse in Medical Practice: a Case Study of Nigeria Aidonojie, Paul Atagamen; Aidonojie, Esther Chetachukwu; Eregbuonye, Obieshi; Abacha, Saminu Wakili; Okpoko, Mercy
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.13.3.2024.483-522

Abstract

The Metaverse provides a prospective opportunity for medical practitioners to improve patient engagement, training of medical personnel, and simulation-based learning. It allows for immersive telemedicine medical practice, enabling medical practitioners to render medical services to patients in remote areas through realistic virtual consultation and training of medical personnel and students through a lifelike simulation. However, despite the potential of the Metaverse concept in medical practice, certain legal and medical issues could mitigate its usefulness. In this regard, this study adopts a hybrid method of research in ascertaining the prospect, legal, and health risks of utilizing the metaverse in medical practice. 256 questionnaires were distributed, and the result obtained was analysed using descriptive and analytical methods. The study found that there are several potentials for utilizing the metaverse in medical practice. However, there are legal and medical risks in utlising the metaverse in medical practice and they include; patient data privacy, regulation, licensing, patient consenting to virtual medical treatment, and accountability for medical errors in the metaverse. Furthermore, the study also found that spending longer hours in the metaverse could result in sedentary behavior, associated with medical issues like obesity, musculoskeletal disorders, and cardiovascular problems. It was therefore concluded and recommended that the metaverse holds significant promise for the future of medical practice in Nigeria, offering innovative solutions that can transform healthcare delivery and education. However, to avoid legal and medical issues that may occur, there is a need for regulatory compliance with healthcare regulations.
Implementing The Anti-Money Laundering Law: Optimizing Asset Recovery in Corruption Cases in Indonesia Yoserwan, Yoserwan; Dias, Fausto Soares
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.
The Authority Analysis of Non-Legal Entity Organization and Opportunities for Dispute Resolution Through Litigation Sufiarina, Sufiarina; Alias, Nizamuddin; Sopyan, Yayan; Enijaya, Enijaya
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.13.3.2024.635-662

Abstract

Article 28 of the Indonesian Constitution is formulated to guarantee the freedom of associations and assembly, including the formation of community organizations (ormas). Ormas holding legal entity status are accommodated under associations, while non-legal entity ormas can still register but do not have the same status. The distinction between ormas and associations lies in their legal recognition. Associations possess legal entity status, while ormas are considered non-legal entities. According to Article 20 of Law No. 17 of 2013, ormas have the right to cooperate with other entities to develop and sustain their organizations. However, such cooperation may give rise to conflict, which cannot always be avoided. This raises important questions, such as "Do ormas administrators possess full authority to undertake all legal actions?" and "What avenues are available for ormas to resolve disputes through litigation?" To address these questions, doctrinal research is conducted using both legislative and conceptual methods. The results shows that the authority of ormas administrators is strictly limited by legal provisions. Since ormas lacks  the legal standing required of legal entity, they  are are unable to resolve conflicts through litigation. In light of such challenges, it is recommended that ormas registration system include a comprehensive list of members authorized to act on behalf of the organizations in civil actions with third parties. This measure would enable ormas to explore non-litigation channels for resolving civil disputes, offering a practical alternative to formal court proceedings.

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