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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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PENAFSIRAN HAKIM TERHADAP KETENTUAN PIDANA MINIMUM KHUSUS DALAM UNDANG-UNDANG TINDAK PIDANA KORUPSI Rumadan, Ismail
Jurnal Hukum dan Peradilan Vol 2 No 3 (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.2.3.2013.379-404

Abstract

The spirit of the rule of law against corruption which is considered as an extraordinary crime that resulted in the occurrence of social inequality , the economy , the loss of faith in government and a variety of other problems that led to the birth of Law No. 31 of 1999 in conjunction with the Law No. 20 Year 2001 About Follow Corruption. The interesting thing about the formation of the Anti- Corruption Act is a criminal provision in the formulation of minimum deliknya against perpetrators of corruption . It is certainly different from the general criminal provisions in the draft Criminal Law (Penal Code) which is more familiar maximum penal provision . The results showed that the minimum pinadana special provisions in the law of corruption can be breached so long as the judge has the legal resening or residenti proper ratio to a corruption case by looking at the size scale of the corruption case with consideration and interpretation of the patterns perspective, social - justice, moral justice and community justice decision was taken to drop the minimum punishment. Criminal punishment under the criminal provisions of the special minimum in some court decisions can be made by several criteria into consideration the provisions of the criminal judges deviate minimum, the criteria of the element of state assets or state economy as a result of the acts of corruption tiundak and criteria of the role and position of the defendant in acts of corruption. Keywords: Interpretation of judges , a special minimum criminal , corruption
MASALAH HUKUM DALAM PENGGUNAAN SPEKTRUM FREKUENSI RADIO DI INDONESIA Sitompul, Asril
Jurnal Hukum dan Peradilan Vol 2 No 3 (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.2.3.2013.405-426

Abstract

Meanwhile there are nine telecommunications operators in Indonesia have the license to use radio frequency spectrum (Mobile Network Operator – MNO) and some operators that did not have the license. With the increase of the cellular and fixed wireless operators and the increase of users of the internet provided by Internet Service Provider (―ISP‖) through wireless networks using radio frequency spectrum, then the need of Radio frequency spectrum also increased. The effort to overcome the rare radio frequency spectrum conducted by development of radio frequency spectrum technology, among others by using multiple access system. This system may be conducted by division of time, frequency, or code. Other system is by using the concept of Mobile Virtual Network Operator (―MVNO‖) by relationship between the licensed and unlicensed operators, i.e. by leasing of the spectrum. In Indonesia, there was no regulation regarding MVNO, so there was a question about whether the MVNOs include in the category of radio frequency spectrum users and whether or not the MVNO required to have license and pay the BHP for the use of frequency. Therefore it is necessary to have a change in the existing regulations to make clear the status and the existence of the unlicensed users of radio frequency spectrum as the MVNOs. Keyword: Spectrum, users, utilization, MVNO, regulation
TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU) Sugiharti, Dewi Kania; Ziaurahman, Muhammad; Sechabudin, Sechabudin
Jurnal Hukum dan Peradilan Vol 2 No 3 (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.2.3.2013.427-448

Abstract

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.
PENEGAKAN HUKUM YANG BERKEADILAN DALAM PERSPEKTIF FILSAFAT HERMENEUTIKA HUKUM (Suatu Solusi Terhadap Problematika Penegakan Hukum Di Indonesia) Susilo, Agus Budi
Jurnal Hukum dan Peradilan Vol 2 No 3 (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.2.3.2013.449-470

Abstract

The essence of the rule of law is justice. Justice has many meanings, depending on the perspective. Every country often arise various problems, related to the administration of justice in the realm of law. The concept of justice that have been established in a country is not necessarily better when applied to other countries. However, it is possible to mutual influenced or be integrated between each other thinking about the meaning of justice, particularly those having a universal nature. At the philosophical level, each country has own thoughts of the roots, depending on the basic norms and socio-cultural life of the nation. Thus, about the meaning of justice from the view of philosophy, the proper tools are used is hermeneutic. Search justice in the perspective of hermeneutics in the context of law enforcement should also be framed by the perspective of jurisprudence, in order to obtain the intersection and its implementation easier. Keywords: Justice, Hermeneutics, Legal Studies and Law Enforcement.
BENTUK PERLINDUNGAN HUKUM TERHADAP KEKAYAAN MINYAK DAN GAS BUMI SEBAGAI ASET NEGARA MELALUI INSTRUMEN KONTRAK Kurniawan, Faizal
Jurnal Hukum dan Peradilan Vol 2 No 3 (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.2.3.2013.471-492

Abstract

State has the power to manage natural resources for the sake of social justice, the general welfare and are used as much as possible the greatest benefit for the greatest welfare of people. Contract law is the main instrument used to protect the state assets including oil and gas. Production Sharing Contract as a legal safeguard for oil and gas, is a fundamental pillar in the effort and utilization management activities of oil and gas. In the contracts involving the Government, called government contract, there is a unique characteristic which is not entirely subject to private law. In principle, the state should not be harmed, called as state immunity. This principle also applies universally in the interest of protecting the state assets. Keywords: Production Sharing Contract, Government Contract, State Immunity, Protection of State Assets Clause.
PENEMUAN HUKUM OLEH HAKIM DALAM PRAKTEK HUKUM ACARA DI PERADILAN AGAMA Manan, Abdul
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.2.2.2013.189-202

Abstract

The court essentially banned refused to examine, decide a case filed with no legal argument or less clear, but obliged to examine and judge ". Provisions of this chapter gives the sense that as major organs Court judge and as executor of judicial power is obligatory for the Judge to find the law in a case despite legal provisions do not exist or are less clear. Law No. 48 of 2009 Article 5 (1) explains that "Judges shall multiply, follow and understand the values of law and justice that lives within the community. the judges in the religious court in making decisions on matters that should be examined and judged using the technique of taking decisions which include Analytical Techniques, Technical equatable, and techniques syllogism. Keywords: Rechtsvinding, Justice, Law Events, Religious Courts.
PENGECUALIAN ASAS LEGALITAS DALAM HUKUM PIDANA Weda, Made Darma
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.2.2.2013.203-224

Abstract

Debating for exceptional of legality principle in criminal law could be learned by establishing of the International Criminal Tribunal for The Farmer Yugoslavia (ICTY) which was based on United Nation‟s Resolution in 1993, No. 827 and The International Criminal Tribunal for the Rwanda (ICTR) which was based on United Nation‟s Resolution in 1994, No. 955. Even though these tribunals were rejected by the parties who supported the dependents, they still to cross-examine those cases, even though it was against the principle of nullum crimen sine lege as retroactive principe in criminal law. Keywords: Retroactive, criminal law, exceptional.
EKSISTENSI HUKUM PIDANA ADAT DI INDONESIA : Pengkajian Asas, Norma, Teori, Praktik dan Prosedurnya Mulyadi, Lilik
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.2.2.2013.225-246

Abstract

Existence of indigenous Indonesian criminal law examined from the perspective of normative (ius constitutum) set forth in Article 18 B of the 1945 Amendment, Article 1, Article 5 paragraph (3) sub B Drt Law No. 1 of 1951, Article 5 paragraph (1), Article 10 paragraph (1) and Article 50 paragraph (1) of Law No. 48 of 2009. Then partial in certain areas such as Nanggroe Aceh Darussalam stipulated in Law No. 44 of 1999, Act No. 11 of 2006, the next is implemented in the form of Qanun both provincial and district levels. Next in Bali set up and implemented in the form of Awig - Awig Village People (Pakraman) as well as from the perspective of ius constituendum set out in Article 2 paragraph (1), (2) of the RUU KUHP of 2012. Then the level of principle set Ciwasasana book or book Purwadhigama, Book of Gajah Mada, Simbur Cahaya, Book Kuntara Raja Niti, Book Lontara 'ade' and Awig awig. In addition, examined from the perspective of theory, practice and procedures found in the form jurisprudence Mahkamah Agung RI as Putusan Mahkamah Agung RI No. 42 K/Kr/1966 Tanggal 8 Januari 1966, Putusan Mahkamah Agung RI No. 275 K/Pid/1983 tanggal 29 Desember 1983 and sanctions adat (traditional medicine) for recovery of the balance essentially magical nature, the cosmos recovery to restore the disturbed balance in order to be religio magic back. Later in the study of criminal law the existence of indigenous Indonesian criminal law is at the level of dogmatic law, legal theory and philosophy of law. Therefore customary criminal law holistically animates all levels of law in the practice of law so that the existence of the law - dimensional nature of criminal law is undoubtedly indigenous capabilities as a characteristic practice of law in Indonesia. Keywords: criminal law customary, traditional sanctions, as well as the principles, norms, theories, practices and procedures
PENERAPAN KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK DI INDONESIA Hasan, Hasbi
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.2.2.2013.247-262

Abstract

One of the most significant changes contained in the UU No. 11 Tahun 2012 One of the most significant changes contained in the UU No. 11 Tahun 2012 is to accomodate principles of restorative justice and the principle of diversion in the juvenile justice system . Nevertheless, the application of the principles of restorative justice in the juvenile justice system are set out in the UU No. 11 Tahun 2012, tend to be partial and non-exhaustive . This is caused by the presence of common misconceptions in the understanding of restorative justice as an attempt to seek a peaceful settlement of the conflict out of court . This study shows that restorative justice is essentially complement rather than replace the criminal justice system . Therefore , restorative justice programs can be integrated into the whole process of juvenile justice without compromising the basic principles and main objectives of restorative justice , and at the same time , did not downplay the role of juvenile justice system that is based on formal legal requirements. Keywords: restorative justice, juvenile justice, crime, diversion.
PROBLEM LEMBAGA PEMASYARAKATAN DI INDONESIA DAN REORIENTASI TUJUAN PEMIDANAAN Rumadan, Ismail
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.

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