cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Andi Akram
Contact Email
sekretariatjurnalkumdil@gmail.com
Phone
+6221-29079286
Journal Mail Official
jurnalhukumperadilan@mahkamahagung.go.id
Editorial Address
Jl. Jend. A. Yani Kav. 58 Lt. 10 Cempaka Putih Jakarta Pusat
Location
Kota bogor,
Jawa barat
INDONESIA
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
 47   48   49   50   51 
PERKEMBANGAN METODOLOGI PENELITIAN HUKUM Muhdlor, Ahmad Zuhdi
Jurnal Hukum dan Peradilan Vol 1 No 2 (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.1.2.2012.189-206

Abstract

Doctrinal research asks what the law is on a particular issue. It is concerned with analysis of the legal doctr ine a nd how i t ha s been developed a nd a ppl ied. This type of r esea r ch is a lso known a s pur e theoretical research. It consists of either a simple research directed at finding a specific statement of the law or a more complex and in depth analysis of legal reasoning. Non-doctrinal research, also known as socio-legal research is a legal research that employs methods ta ken fr om other discipl ines to gener a te empir ica l da ta to a nswer r esea r ch quest ions. It ca n be a problem, policy or law reform based. Nondoctrinal legal research can be qualitative or quantitative. Doctrinal and nondoctrinal research could be part of a large scale project. Non-doctrinal approach allows the researcher to perform inter disciplinary research where he analyses law from the perspective of other sciences and employs these sciences in the formulation of the law. Keyword: Doctrinal research, Theoretical research, Law
PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA Wahyudi, Slamet Tri
Jurnal Hukum dan Peradilan Vol 1 No 2 (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.1.2.2012.207-234

Abstract

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law
PERAN AKADEMISI DALAM PEMBERIAN BANTUAN HUKUM BAGI MASYARAKAT KURANG MAMPU DI INDONESIA Ridwan, Ridwan
Jurnal Hukum dan Peradilan Vol 1 No 2 (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.1.2.2012.235-248

Abstract

Every citizen of Indonesia, of course longing for a fast, simple and low cost judicial process. This may be done everyone has an access to justice without any exception. These conditions have been realized by the Constitutional Court decision that had to cancel Article 31 of Law Number 18 Year 2003 on Advocates, because the article is considered contrary to the Constitution of 1945 and has no binding legal force. However, the implementation of the Constitutional Court ruling will not necessarily be implemented, because in practice there are still debates among law enforcer (police, prosecutors, judges, lawyers) even academics about the legal standing of the law lecturer who perform service in the form of assistance to disadvantaged communities who are dealing with legal issues. This condition is caused by a lack of positive response to the Constitutional Court, and the lack of response is due to the lack of legal resources by extracting the part of law enforcement and academics for a growing source of law. Kata Kunci: Decision, Constitutional Court, law enforcer, academics, citizen , Justice.
MENUNTUT AKUNTABILITAS PUTUSAN PENGADILAN MELALUI PEMIDANAAN TERHADAP HAKIM Suhariyanto, Budi
Jurnal Hukum dan Peradilan Vol 1 No 2 (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.1.2.2012.249-274

Abstract

Judiciary corruption of somejudges become the black stain of justice, than because of that public has been forced to demand accountability court rulling. The claim is becoming more and more as the filing of RUU MA, that includes a clause of punisment for the judges, and this is a reasonable question. This research is a legal normatif juridical approach, using the secondary data, than analized with qualitative juridical analysis methods. Based on the result of this research, we can concluded that a clause of punisment for tha judges (criminalizing judge) on RUU MA regulated, were not based on the principles of criminal policy. Infact, the crisis of overreach of the criminal law is what happens when the regulated repeatedly compel. Keywords: Accountability, Court, Criminality, Judge.
Keadilan Restoratif dan Korban Pelanggaran HAM (Sebuah Telaah Awal) Yulia, Rena
Jurnal Hukum dan Peradilan Vol 1 No 2 (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.1.2.2012.275-292

Abstract

Various violations on human right happening in Indonesia today have never been completely solved. Victims of human right violations (direct or indirect victims) find it difficult to access justice through the existing criminal law today. Difficulties in proving the violations committed by the actors make it harder for the justice to be in the victim’s side. For any reasons, the violations of human rights should be brought into the court. It is surely not easy to do so as the retributive justice applied so far has not been able to solve the existing problems and to give fairness to the victims. Restorative justice is therefore considered as a potential way out for a justice to take place for the crime actors, victims and society in general. In various types of criminal actions such as domestic violence, law –violatingchildren and traffic crime, the restorative justice has been successfully applied and it is now under evaluation in human right related cases. This is done in order to find out the effectiveness of this restorative justice in solving those cases. This writing aims to find out opportunities for the restorative justice implementation in solving human right violations in Indonesia. Keywords: Human Right violation victims, restorative justice, rehabilitation.
Evaluasi Atas Implementasi Pasal 45A UU Mahkamah Agung Asril, Asril; Prasidi, Dimas
Jurnal Hukum dan Peradilan Vol 1 No 2 (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.1.2.2012.293-310

Abstract

The high of arrears cases at the Supreme Court in the early 2000s pushed through the Blueprint for Reform Supreme Court in 2003 to require the regulation limiting the appeal court in law. The request was eventually fulfilled in part by the Parliament and the Government. In 2004 the Parliament and the Government to revise Law. 14 of 1985 on the Supreme Court through Law no. 5 of 2004. In law there is a set of 3 (three) types of cases that can not be appealed, the pretrial, the threat of criminal criminal highest 1 year in prison and a case in which the decision of the State Administrative TUN officials disputed that its range is only in the area. But after the law was passed that the case turns into flows MA instead of decreasing but increasing. Many factors are causing the higher the current case, but an evaluation of the effectiveness of regulations limiting case still deemed necessary. This study is intended for this purpose. In this simple study researchers tried to test some of the provisions limiting case, that restrictions on criminal cases the threat of criminal highest 1 year in prison and / or fines. Keywords: Evaluation, Implementation, Supreme Court
PEMIDANAAN TERHADAP PENGEDAR DAN PENGGUNA NARKOBA : Penelitian Asas, Teori, Norma dan Praktik Peradilan Mulyadi, Lilik
Jurnal Hukum dan Peradilan Vol 1 No 2 (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.1.2.2012.311-337

Abstract

Formulation types of criminal sanctions (strafsoort) is considered the most appropriate, appropriate and fair for appropriate drugdealers Narcotics Act (Act No. 35of 2009) and Psychotropic Substances Act (Act No. 22 of 1997) andjudicial practicebe assessedfrom the perspective of the principles, theories, norms andjudicial practiceis a system of cumulative-alternative formulation (mixed /combined) between the death penalty, life imprisonment or imprisonment, or a fine, while the length of the formulation of criminals anctions (straafmaat) is considered the most appropriate, appropriateand fair sentenceis a determinate system in the form prescrib edlimit minimum and maximum criminal threats. Punishment for drug user alyzed from the perspective of the principles, theories, norms and practices of its application to the dealers to berelatively severe punishment metedranging from the death penalty, life imprisonment and criminal casesover the past 15-20 years. The nthenature of drug users a sactors (daders) and a victim (victims) in addition to drug crimeshould bedropped also dropped criminal sentencing rehabilitationas stipulated in Article 127 of LawNo. 35 of 2009 for narcoticaddicts. Keywords: Formulation types of criminal sanctions, formulation of criminals anctions (straafmaat)
UPAYA HUKUM YANG DILAKUKAN KORBAN KEJAHATAN DIKAJI DARI PERSPEKTIF SISTEM PERADILAN PIDANA DALAM PUTUSAN MAHKAMAH AGUNG RI Mulyadi, Lilik
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.1.1.2012.1-34

Abstract

Positive Legal Indonesia provides protection against crime victims who are not directly in the Penal Code, Criminal Procedure Code, as well as outside the Criminal Code and Criminal Procedure Code. Later in the Code of Criminal Procedure formulatif policies and by laws to understanding the victim used different terminology, namely the complainant, the complainant, witnesses, interested third parties and the injured party. In practice, the request made by the applicant with the PK as the quality of the witnesses, interested third parties, the Legal Adviser or by the Public Prosecutor and apparently only remedy reconsideration made by the Public Prosecutor and Third Party concerned (Judicial Review Decision No. 4 PK / PID/2000 November 28 2001), which was granted by the Supreme Court while the petition for judicial review filed applicant witnesses (Judicial Review Decision No. 11 PK/PID/2003 August 6, 2003), or the reporting witness stated by the Supreme Court was not accepted by because the applicant is not qualified to appeal judicial review. From the theoretical dimension turns doing different interpretations of the Supreme Court as provided Art. 263 paragraph (1) Criminal Procedure Code that the applicant is granted a judicial review conducted by the Public Prosecutor and the Third Party concerned on the one hand while on the other side of the applicant's application for judicial review of quality reporting victims or witnesses can not be accepted. Keywords: remedies, victims of crime, judicial review
EKSISTENSI PENGADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA Rumadan, Ismail
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.1.1.2012.35-62

Abstract

The existence of the tax court in Indonesia as a judicial institution that is specialy expected to play a role in resolving settlement of tax disputes for those seeking justice. However, its existence has not been in line with the justice system one roof in Indonesia as mandated by the 1945 Constitution. Tax court over a regime of taxation law, not a regime of law on Judicial Power. There is not an appeal or cassation resulting tax court decision does not reflect the lack of legal certainty and a sense of justice for the people seeking justice. These conditions lead to the control of the implementation of the Tax Court is very weak. Keywords: Tax Court, Justice System, Rule of Law, Justice.
KONSEKUENSI YURIDIS PENYIMPANGAN KEWENANGAN INTERSEPSI OLEH PENEGAK HUKUM Wahyudi, Slamet Tri
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.1.1.2012.63-88

Abstract

Interception is an act that violates human rights is therefore authorized the interception can only be done by law enforcement officers. In reality interception authority by police to deviate from the provisions that have been mandated by law. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on this study it can be concluded that the juridical consequences of the actions of police conduct authority lapses in implementing the interception an act that is against the law and may be subject to criminal sanctions, it is based on a systematic interpretation of Article 31 paragraph (3), the law enforcement officers who perform deviation authority interception the position equivalent to ordinary people who do the interception as stipulated in Article 31 paragraph (1). So the police action could be sanctioned as provided for in Article 31, paragraph 1 in conjunction with Article 47 of Law ITE. Keywords: Deviation, authorized, Interception, Law enforcement

Page 49 of 66 | Total Record : 653

 47   48   49   50   51 

Filter by Year

2012 2025


Reset
Filter By Issues
All Issue Vol 14 No 3 (2025) Vol 14 No 2 (2025) Vol 14 No 1 (2025) Vol 13, No 3 (2024) Vol 13 No 3 (2024) Vol 13 No 2 (2024) Vol 13, No 2 (2024) Vol 13, No 1 (2024) Vol 13 No 1 (2024) Vol 12 No 3 (2023) Vol 12, No 3 (2023) Vol 12 No 2 (2023) Vol 12, No 2 (2023) Vol 12 No 1 (2023) Vol 12, No 1 (2023) Vol 11 No 3 (2022) Vol 11, No 3 (2022) Vol 11 No 2 (2022) Vol 11, No 2 (2022) Vol 11, No 1 (2022) Vol 11 No 1 (2022) Vol 10 No 3 (2021) Vol 10, No 3 (2021) Vol 10, No 2 (2021) Vol 10 No 2 (2021) Vol 10, No 1 (2021) Vol 10 No 1 (2021) Vol 9 No 3 (2020) Vol 9, No 3 (2020) Vol 9, No 2 (2020) Vol 9 No 2 (2020) Vol 9, No 1 (2020) Vol 9 No 1 (2020) Vol 8, No 3 (2019) Vol 8 No 3 (2019) Vol 8, No 2 (2019) Vol 8 No 2 (2019) Vol 8 No 1 (2019) Vol 8, No 1 (2019) Vol 7, No 3 (2018) Vol 7 No 3 (2018) Vol 7 No 2 (2018) Vol 7, No 2 (2018) Vol 7, No 1 (2018) Vol 7 No 1 (2018) Vol 6 No 3 (2017) Vol 6, No 3 (2017) Vol 6 No 2 (2017) Vol 6, No 2 (2017) Vol 6 No 1 (2017) Vol 6, No 1 (2017) Vol 5, No 3 (2016) Vol 5 No 3 (2016) Vol 5 No 2 (2016) Vol 5, No 2 (2016) Vol 5, No 1 (2016) Vol 5 No 1 (2016) Vol 4, No 3 (2015) Vol 4 No 3 (2015) Vol 4, No 2 (2015) Vol 4 No 2 (2015) Vol 4, No 1 (2015) Vol 4 No 1 (2015) Vol 3, No 3 (2014) Vol 3 No 3 (2014) Vol 3 No 2 (2014) Vol 3, No 2 (2014) Vol 3 No 1 (2014) Vol 3, No 1 (2014) Vol 2 No 3 (2013) Vol 2, No 3 (2013) Vol 2, No 2 (2013) Vol 2 No 2 (2013) Vol 2 No 1 (2013) Vol 2, No 1 (2013) Vol 1 No 3 (2012) Vol 1, No 3 (2012) Vol 1, No 2 (2012) Vol 1 No 2 (2012) Vol 1, No 1 (2012) Vol 1 No 1 (2012) More Issue