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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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THE QUO VADIS OF BANCKRUPTY SETTLEMENT AND PKPU LAWS ON SHARIA BANKING Wahyudi, Firman
Jurnal Hukum dan Peradilan Vol 8 No 1 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.1.2019.1-20

Abstract

Normatively, based on the decision of the Constitutional Court No. 93/PUU/X/2012 the settlement of Islamic economic disputes becomes the absolute competence of the Religious Courts. However, at the empirical level, there are still sharia economic disputes which are still decided by the Commercial Court (general), namely bankruptcy cases and PKPU on the sharia bank. This paper focuses on three things, first, what causes these cases to remain under the authority of the Commercial Court, secondly, what are the legal consequences if the case is resolved through the Commercial Court and how the legal arguments about the competence of the Religious Courts in bankruptcy cases and PKPU on sharia bank. This research method is normative law by examining a set of legal materials related to bankruptcy and PKPU. The analysis used is synchronization of the norms of Law No. 37 of 2008 and PERMA No. 2 of 2008. The results of the study found that the cause of the case is still handled by the Commercial Court because of a conflict of norms between the Bankruptcy Act and PERMA regarding KHES which still has not been finalized, the conditions legal vacuum regarding bankruptcy based on the sharia contract and the existence of the KMA letter regarding the instruction for the implementation of book II. Legal consequences if the case is dealt with by the Pengadian Niaga there will be coercion on the substance of sharia economic law into conventional economic law, not in sync between the settlement of the dispute with the contract and the concept of solving the case prioritizing business principles and business competition rather than substantive justice. Based on the theory of authority and the principle of the lex specialist, it was found the conclusion that bankruptcy cases and PKPU based on the absolute sharia contract became the absolute competence of the Religious Courts.
CRIMINAL LEGAL POLICY AND UNCONSTITUTIONALITY ON CONTEMPT OF RULER OR PUBLIC BODY Winata, Muhammad Reza; Sinaga, Erlina M. C.; Sabila, Sharfina; Yulistyaputri, Rizkisyabana
Jurnal Hukum dan Peradilan Vol 9 No 1 (2020)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.1.2020.71-98

Abstract

Contempt of ruler or public body are criminal offence which stipulated in article 207 and 208 Penal Code of Indonesia. In practice, there is legal uncertainty because substantially contradict to Constitutional Court Decision No.013-022/PUU-IV/2006 about contempt of President/ Vice President and No. 6/PUU-V/2007 about contempt of Indonesia Government. This paper wants to found criminal legal policy and constitutionality on contempt of ruler or public body. The research method used is juridical normative with regulation, doctrinal, and decision approaches. The result of study shows changes of criminal law policy on contempt of ruler or public body based on comparison of current Penal Code and future Penal Code Draft with changes elements of formulation: (1) suspect; (2) intention; (3) victim; (4) sanction; (5) impact of action, the norms also transform from general offence to complaint offense. Next, analysis to Constitutional Court decisions about contempt of President/Vice President and Indonesia Government which declared null and void, found related legal reasoning: First, violate freedom of expression; Second, violate right to get information; Third, causing legal uncertainty; Fourth, no longer suitable with society development; Fifth, changes in norms on Criminal Code Draft; Sixth; follow previous decision; Seventh, against universal value in international law. Then, the constitutional interpretation methods used in the decisions are: (1) Ethical Interpretation; (2) Historical Interpretation; (3) Futuristic Interpretation; (4) Doctrinal Interpretation. Therefore, according on similar legal reasoning and constitutional interpretation, article 207 and 208 Penal Code also supposed to be stated unconstitutional.
IMPLEMENTATION OF JUDICIAL ACTIVISM IN JUDGE’S DECISION Amarini, Indriati
Jurnal Hukum dan Peradilan Vol 8 No 1 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.1.2019.21-38

Abstract

The task of the judge in realizing justice is inseparable from the decisions that are made. A qualified judge's decision is obtained through the judge's thought process through a choice of judges that reflects judicial activism. The problem in this research is how judicial activism is used by judges in issuing decisions and how the implementation of judicial activism in decision making. Judicial Activism is the choice of decision making by judges in order to realize justice. Judicial activism in the Indonesian judicial system is regulated in Article 5 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power. The law requires judges to explore the law and sense of justice that lives in society. The implementation of judicial activism is carried out by judges through means of legal discovery. Through means of legal discovery, judges play an active role in realizing justice as a law that lives in a dynamically developing society.
LEGAL RECONSTRUCTION OF IMPLEMENTATION LEGALLY BINDING VERDICT IN INDUSTRIAL RELATIONS COURT Putra, Sri Gilang Muhammad Sultan Rahma
Jurnal Hukum dan Peradilan Vol 9 No 1 (2020)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.1.2020.99-115

Abstract

The existence of industrial relations courts until now still can not provide adequate legal protection to justice seekers. This article begins with the existing legal problems in the form of not implemented legally binding of industrial relations court verdicts. The unapplied verdicts have resulted in the exclusion of the rights of justice seekers. This paper identifies the problem related to normative perspective and provide solutions through legal reconstruction from the normative view. Then, the problems are examined using normative legal research methods based on statute approach and historical approach as well as case approach. By examining several research results it is known that the legal vacuum which regulates sanctions against those who do not intend to enforce industrial relations court rulings that have legal force still need to be addressed immediately to guarantee the rights of the seekers of justice in the industrial relations court. This paper recommends to establish a Supreme Court Regulation on the implementation of institutional force on industrial relations disputes cases and the need for amendment of Law Number 2 Year 2004 on Industrial Relations Dispute Settlement.
THE MODEL OF PENAL MEDIATION AS A COUNTERMEASURES OF VIOLENCE CONFLICT (CAROK) IN MADURESE SOCIETY BASED ON THE LOCAL WISDOM Cahyono, Cahyono
Jurnal Hukum dan Peradilan Vol 8 No 2 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.275-296

Abstract

This research is to explore criminal mediation based on local wisdom in dealing with carok violent conflicts in Madurese society. There are two important problems in this study, which is the reason why the criminal justice system is less than optimal in dealing with carok in Madurese society and how criminal mediation can be a model in dealing with conflict based on local wisdom. The research method used in this study is the doctrinal and non-doctrinal methods. By using Freidman's theory and Sociological Jurisprudence related to comparative law, it was found that the criminal justice system is not fully optimal in dealing with carok violent conflicts in Madurese society because of differences in interpreting the concept of justice in the perspective of local communities, the dominance of legalistic perspectives on law enforcement officers and the strong practicality of maintaining self-esteem and religion. The criminal mediation model used by law enforcement officers on Madurese people is based on local wisdom which is a model of family criminal mediation (victim-perpetrators, families, reparations) that is connected to the criminal court system ranging from investigations, closing speeches, examination of cases involving parties warring parties, with mediators, scholars, and law enforcement officials, and the results are written as an act of peace that can be used by the perpetrators to change the sentence. The study recommends that it is very important for law enforcement officials and social leaders, religious scholars and district governments to act as neutral mediators by empowering customary peace institutions that are connected to the criminal justice system.
CREATING A STANDARDIZED ASSESSMENT FOR COURT ACCREDITATION Alfi Syahr, Zulfia Hanum
Jurnal Hukum dan Peradilan Vol 8 No 1 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.1.2019.39-62

Abstract

The improvement of court’s quality has been done through various efforts, one of them is an accreditation program. Before the implementation of internal accreditation policies, the courts under the Supreme Court had used ISO standards to maintain the service quality. Along with the development of judiciary innovations especially the dream toward the great judiciary, the Supreme Court has developed special accreditation standards for each judicial environment. General Court (Badilum) has implemented the Quality Assurance Accreditation (APM) programme in 7 assessment areas. Afterward, the Religious Courts (Badilag) in addition to 7 APM areas as in Badilum also applied 9 other assessment standards. Furthermore, the Military and Administration Agency (Badilmiltun) has 7 different accreditation assessment areas with Badilum and Badilag. The problem that will be examined is how to determine the ideal criteria for assessing court accreditation. Given that the ideal accreditation standard is not only improving the quality of court services but also being able to meet the needs and expectations of justice seekers, as indicated by the community satisfaction index. The court accreditation standard used today is the adoption of the International Framework of Court excellent (IFCE) and is adapted to the area of Bureaucratic Reform and the oversight function of the Supreme Court. The method of determining accreditation criteria is done by comparing court accreditation standards that have been used with the SERVQUAL model. The SERVQUAL model is an initial model that appears to measure service quality. The results of the study found that a number of court accreditation assessment standards has been represented the dimensions of service quality at SERVQUAL.
THE DUALISM OF THE SUPREME COURT’S DECISIONS ON THE POSITION OF NON-MARITAL CHILD Nurhadi, Nurhadi
Jurnal Hukum dan Peradilan Vol 8 No 2 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.228-254

Abstract

Since the birth of the Constitutional Court Decision Number 46/PUU-VIII/2010, the legal experts have discussed the positions of marriage children through articles, papers, books and seminars, pros and cons when interpreting the non-marital child, judges also gave birth to many interpretations. The Supreme Court (MA) has two views in adjudicating the marriage case, Supreme Court Decision Number 329 K/AG/2014 states that the ratification of an unmarried child is not a jurisdiction of the Religious Courts, whereas in Decision of Supreme Court Number 597 K/AG/2015 states that the non-marital children are legitimate even though the marriage of their parents only carries out marriage under Islamic law. The formulation of the problem is how the criteria of marital legitimacy in Indonesia? How is the outsider interpretation of the two Supreme Court decisions? The research method used is literature study, with the type of normative legal research, which is descriptive analytical. The conclusion is that in Supreme Court Decision Number 329 K/AG/2014 considered the marriage to be legitimately religious, but because it is not recorded so that the marriage does not get the certainty and protection of the law, consequently the child born from the marriage is not a legal child, whereas in Decision Number 597 K/AG/2015 The Supreme Court considers that although the marriage is not recorded, the child born from the marriage must still have legal certainty and protection so that the child is considered a legal child.
ADVOCATE PROFESSION TOWARDS AUTOMATION IN INDUSTRIAL REVOLUTION 4.0 ERA Kusumawardani, Qur'ani Dewi
Jurnal Hukum dan Peradilan Vol 8 No 2 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.166-195

Abstract

Legal service and business competition have changed in the last decade because of technology changes. Artificial Intelligence technology in the form of robots, chat bots, and digital assistants will influence the practice of law in industrial revolution 4.0 era. By 2025, based on The Learning Generation report, released by the United Nation Commissions on Financing Global Opportunity, said that half of the world’s jobs are at high risk to get the impact of automation in the coming decades. Legal profession such as lawyer will feel this impact, with the emergence of robot lawyers. The method used in this paper is a juridical normative method with statute approach and conceptual approach, and descriptive analysis. The results will be obtained from this study; firstly, correlation between advocate profession and automation. Secondly, law field which will get impact from automation. Thirdly, what the lawyer should prepare to face the condition of radical technology changing in Industry 4.0, because in this Era, we must innovate more rather just imitate past glory.
THE SUITABILITY OF SHARIA LIFE INSURANCE POLICY FOR POJK NO. 69/POJK.05/2016 AND POJK NO. 72/POJK.05/2016 Lathif, AH. Azharuddin; Habibaty, Diana Mutia
Jurnal Hukum dan Peradilan Vol 8 No 1 (2019)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.1.2019.63-83

Abstract

The increasing of sharia insurance companies have sprung up in Indonesia. However, in their policy contracts there are still some parts that are not in accordance with sharia principles. This mismatch can cause information distortion that can harm customers or sharia insurance participants. The Sharia Insurance Policy as a form of written contract between the insurance company and the customer or the insurance participant should duly follow sharia principles in order to avoid the elements that forbid it, therefore in Indonesia the policy making must follow the legislation, namely Financial Services Authority Regulation No.69 / POJK.05 / 2016 (hereinafter abbreviated as POJK No.69 / POJK.05 / 2016) and the Financial Services Authority Regulation No.72 / POJK.05 / 2016 (hereinafter abbreviated as POJK No.72 / POJK.05 / 2016) as the basis of the rule legislation describing the standardization of sharia policy contracts. This study uses qualitative methods, the data used in the form of primary, secondary, and non-legal materials. The technique used is in the form of content analysis with the theme of normative juridical research that analyzes legal principles and systematics, and how much the level of synchronization of ABC Islamic sharia insurance products at PT. XYZ against POJK No.69 / POJK.05 / 2016 and POJK No.72 / POJK.05 / 2016. The results of this study concluded that generally the ABC Islamic Sharia insurance policy PT. XYZ is in accordance with POJK No.69 / POJK.05 / 2016 and POJK No.72 / POJK.05 / 2016, but there are some peculiarities in this policy so that it still needs to be questioned about the welfare side.
DILEMATISASI REGULASI KELEMBAGAAN ANTAR LEMBAGA KEKUASAAN KEHAKIMAN DITINJAU MENURUT KONSEP CHECK AND BALANCES Ulya, Zaki
Jurnal Hukum dan Peradilan Vol 10 No 3 (2021)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.10.3.2021.337-360

Abstract

Perubahan UUD NRI Tahun 1945 membawa perubahan besar dalam sistem kekuasaan kehakiman. Pembentukan lembaga baru seperti MK dan KY selain MA, diharapkan dapat mewujudkan cita-cita reformasi dengan prinsip checks and balances. Manifestasi pengaturan kewenangan lembaga kekuasaan kehakiman secara atribusi diatur dalam Pasal 24, 24A, 24B dan 24C UUD NRI Tahun 1945.  Berdasarkan sifatnya kewenangan kekuasaan kehakiman mencakup kewenangan limitative dan non limitative yang diatur melalui undang-undang masing-masing lembaga. Namun, pengaturan kelembagaan kehakiman tersebut menimbulkan dilematisasi dan ketidak harmonisan hukum. Hal ini diakibatkan multi tafsir pengaturan kewenangan masing-masing lembaga. Sehingga polemik kelembagaan tersebut diselesaikan melalui proses judicial review. Permasalahan muncul ketika proses revisi undang-undang yang dibatalkan oleh MK, tidak dipenuhi dalam proses legislasi sehingga tetap memunculkan disharmonisasi hukum antar kelembagaan kekuasaan kehakiman.

Page 53 of 66 | Total Record : 653

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