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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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URGENSITAS PENDEKATAN PSIKOLOGI DALAM PELAKSANAAN MEDIASI DI PENGADILAN Asnawi, M Natsir
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.6.3.2017.447-462

Abstract

The court mediation tends to ignore psychological aspect of the parties. It was frequently put aside by mediator judges as the mediation held just for formality process. It caused the lack percentage of successful mediation and the parties failed to recognize the primary problem. The research’s aim was to analyze the importance of implementation psychological approach to court-annexed mediation and its implication to the result of the mediation process. The research also aims to identify the implication of psychological approach toward parties’ perspective of their dispute. The result of the research has shown that implementation of psychological approach through mediation has arisen the probability of successful mediation. If otherwise happened, the parties have a broader perspective on their problem and released a new constructive way of thinking.Keywords: mediation, court, psychology, perspective
BUKTI ELEKTRONIK SEBAGAI ALAT BUKTI YANG SAH DALAM HUKUM ACARA PIDANA Ramiyanto, Ramiyanto
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.6.3.2017.463-484

Abstract

The Criminal Procedure Code as a general criminal procedure does not recognize electronic evidence as one of the admissible types of evidence. In practice, electronic evidence is also used as an admissible evidence to prove the criminal offenses in court. From the results of the discussion it can be concluded that electronic evidence in criminal procedure law is a dependent evidence and an independent evidence (substitution of letter proof if it meets the principle of functional equivalent approach and expansion of evidence) as specified in several special laws and instruments issued by the Supreme Court. The electronic evidence is not regulated in the Criminal Procedure Code as a lex generalis, however, to achieve material truth it can also be used as a valid evidence for the provision of all types of criminal offenses in court. It is based on recognition in the practice of criminal justice, some special laws, and instruments issued by the Supreme Court.Keywords: electronic evidence, admissible evidence, criminal procedure code, proof
DINAMIKA UPAYA MELAKUKAN SINERGI ANTARA HUKUM PERDAGANGAN INTERNASIONAL DAN HUKUM LINGKUNGAN Wijaya, Endra; Nopiandri, Kikin; Habiburrokhman, Habiburrokhman
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.6.3.2017.487-508

Abstract

In international trade activity, the law exists and becomes one of the important components to ensure the trading activity runs effectively, efficiently, and fair. Gradually, international trade system has started to embed environmental law issue to become its part of the system, and this process has begun since people realized that environment should be protected in order to support the sustainable development process. Currently, environmental law issue becomes an important condition for most of the international trade relations which are being done or will be done by subjects of the international trade. This paper focuses on how environmental law is being synergized within international trade system. The library research method will be used to explore that topic.Keywords: environmental law, international trade, international agreement
PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah) Ridwansyah, Muhammad
Jurnal Hukum dan Peradilan Vol 6 No 2 (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.6.2.2017.173-188

Abstract

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah
KONSEP DIYAT SEBAGAI ALTERNATIF PEMIDANAAN DALAM SISTEM PERADILAN PIDANA UNTUK MENGATASI FENOMENA OVERCAPACITY LEMBAGA PEMASYARAKATAN Marbun, Rocky
Jurnal Hukum dan Peradilan Vol 6 No 2 (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.6.2.2017.189-212

Abstract

Through the ecletic-incorporation method and prismatic concept, the concept of diyat which has been modified will make it able to experience the unification of the law for the nation of Indonesia. Through the goodness and excellence of the concept of diyat, the author believes it is an alternative solution to the failure of the Criminal Justice System that is currently used. The main objective of the Paradigm of the Pancasila Law is not just to achieve justice, but also to achieve peace in the life of society, nation and state. Reversing the conditions of the community to its original state (restitutio in integrum) is the main goal in the Paradigm of the Pancasila Law. However, the infiltration process of the concept of diyat, must be realized through in-depth study, in particular against any criminal acts that can be applied. The concept of diyat in its essence also brings about a shrinkage of the powers of the judge in imposing imprisonment against perpetrators of certain crimes that are established by the Political Criminal Law and Criminal Law System in Indonesia, once peace and justice is achieved by the victims and / or their families. The writing of this paper uses normative juridical method with approach to legislation, conceptual approach, philosophical approach and sociological approach. Keywords: diyat, fiqh, jinayat, crime, society
OPTIMALISASI PENGADILAN PERIKANAN DALAM PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN DI PERAIRAN INDONESIA Sagita, Afrianto
Jurnal Hukum dan Peradilan Vol 6 No 2 (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.6.2.2017.213-232

Abstract

Indonesia’s has control over vast seas potential to support the country's economy. However, the potential was not optimal because of fishery crime and the lacking of law enforcement in the field of fisheries. This matter becomes very important and strategic in order to support the fishery development in a controlled manner and in accordance with the principles of sustainable fishery management. However, in practice, law enforcement in fisheries shows weaknesses. It is evident from the very complex problems of criminal offenses fisheries, interagency coordination mechanism problems and the establishment of a fishery court to enforce the law that is not evenly distributed throughout the territory of the district court. In resolving these problems, reforms in law enforcement is the key factor that is focused on the legal and human resources. With this support of fishery law enforcement, it is hoped that fisheries development can be carried out in a sustainable manner.Keywords: fisheries crimes, law enforcement, fishery court
INDEPENDENSI HAKIM AD-HOC PADA LINGKUNGAN PERADILAN HUBUNGAN INDUSTRIAL Helmi, Muhammad Ishar; Pilo, Riko Hendra
Jurnal Hukum dan Peradilan Vol 6 No 2 (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.6.2.2017.233-258

Abstract

PPHI (Industrial Relations Disputes Settlement) Act regulates the principle of settlement of industrial relations disputes by consensus, if there is a dispute between employee/workers and employers, the first stage of dispute settlement shall be submitted to disputing party (bipartite settlement). The provisions of Article 63 paragraph (2) and Article 67 paragraph (1) sub-paragraph f of the Act shall result in the ad-hoc judges of the Industrial Relations Court, in carrying out their duties and responsibilities to examine and decide a case shall be independent and kept away from any intervention of any institution. The ad-hoc judges of the Industrial Relations Court is a judge proposed by a trade union, employers organization, also dismissed respectfully by the trade union and the employers organization. This will undermine the free, impartial and clean judicial system that dreams of because the judges will be ruled by the litigants, as the judge is appointed and dismissed by the party to be tried in the industrial relations court.Keywords: judicial independence, ad-hoc judges, PHI
PERANAN HAKIM DALAM PEMBERANTASAN TINDAK PIDANA NARKOBA MELALUI PUTUSAN YANG BERKEADILAN Yanto, Oksidelfa
Jurnal Hukum dan Peradilan Vol 6 No 2 (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.6.2.2017.259-278

Abstract

Indonesia is the fourth largest country in the capacity of the population number in the world. As the country with the largest population, various problems often plague the nation of Indonesia. One such problem is the problem of law enforcement and narcotics and drugs cases. Up to now Indonesia is confronted with drug trafficking that is very alarming. Drug crimes are so uncontrolled in social life. It is undeniable that narcotics have been threatening the future of the nation. There have been already many victims even until some of them dies. Drug abuse has reached very dangerous phase. There is no other way, government and officials must immediately take a serious and earnest step. It is a pity that the nation's children must always be the victims of drug distribution by the syndicate. Laws must be enforced as fairly as possible. Because the law is the supreme commander that must not be defeated by anything.Keywords: role of the judge, crime, drugs
296HUKUMAN KEBIRI TERHADAP PELAKU TINDAK PIDANA PEMERKOSAAN ANAK DAN KAITANNYA DENGAN HAK ASASI MANUSIA Wahyuni, Fitri
Jurnal Hukum dan Peradilan Vol 6 No 2 (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.6.2.2017.279-296

Abstract

The phenomena of rape against children are very alarming in today's society. The Penal Code and the Child Protection Act has posted punishment on the perpetrator, but there are some disadvantages that arise when legal sanctions are imposed on child rapist. Criminal sanctions against rapist are deemed not provide a deterrent effect. The government passed perpu on castration punishment for child rapist. The castration punishment was a punishment that shows revenge way of thought, so the approach has long been abandoned. In addition, from the objective of sentencing, castration punishment has not yet reflected the sense of justice. Since it has not provided a deterrent effect for offenders and unbalanced with the principles of the right to accommodate the rights of the sustainability of offspring for the offender.Keywords: castration, rape, human rights
REKONSTRUKSI HUKUM PENYELESAIAN SENGKETA PASAR MODAL SYARIAH: PENGUATAN ASPEK REGULASI UNTUK MEMBERIKAN KEPASTIAN HUKUM Hudiata, Edi
Jurnal Hukum dan Peradilan Vol 6 No 2 (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.6.2.2017.297-316

Abstract

The regulation of the Islamic capital market following the rules contained in Law 8/1995 on Capital Market, DSN MUI Fatwa No. 40 / IX / 2003, Bapepam-LK Number IX.A.13, No. IX.A.14, and No. II. K.1 From that rules, nothing has clearly set the Islamic capital market dispute resolution, both litigation and non-litigation resulting in a legal vacuum (leemten in het recht). Islamic economic dispute settlement provisions, including the dispute over the Islamic capital market, is only found in Law 3/2006. Through quantitative research methods, the study sought to harmonize the empty rules at the same time filling thus legal vacuum. The research concluded that the settlement litigation of disputes in Islamic capital markets settled in the Religious Court, while in non-litigation resolved through BASYARNAS (National Sharia Arbitration Board) and / or as other civil disputes can also be resolved through Alternative Dispute Resolution in accordance with Law 30/1999.Keywords: legal vacuum, the Islamic capital market.

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