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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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OPTIMIZATION OF THE ROLE OF ASSET RECOVERY CENTER (PPA) OF THE ATTORNEY-GENERAL’S OFFICE OF THE REPUBLIC OF INDONESIA IN ASSET RECOVERY OF CORRUPTION CRIME RESULTS Suud, Aghia Khumaesi
Jurnal Hukum dan Peradilan Vol 9 No 2 (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.9.2.2020.211-231

Abstract

The Asset Recovery Center (PPA) as the Republic of Indonesia General Attorney's unit is responsible for ensuring that asset recovery in Indonesia is conducted with an integrated system that is effective, efficient, transparent and accountable, by tracing, securing, maintaining, seizing, and returning assets of criminal acts of corruption handled by the Prosecutor's Office. However, the number of asset recovery resulting from corruption by the PPA remains small, and the current implementation is only done after a court decision, even though asset tracking should be done before the verdict. In addition, the urgency of its existence remains questionable given its scope is almost equal to the Labuksi KPK and Rupbasan at the Ministry of Law and Human Rights, which indirectly creates a tug of war between the law enforcement units. Therefore, using a normative juridical approach and data obtained directly through library research and interview mechanisms, this paper found the importance of establishing a PPA for the Prosecutor's Office related to its duties and functios, as described in the Law and other regulations in the recovery of assets resulting from corruption, which does have a different position from the Labuksi KPK and Rupbasan. This paper also discusses the steps that must be taken by the Prosecutor's PPA to optimize the work of the Prosecutor's PPA so that assets resulting from corruption can be recovered quickly, effectively and transparently.
THE PROTECTION OF RELIGIOUS FREEDOM OF SUNDA WIWITAN BELIEVERS Kusmayanti, Hazar; Kania, Dede; Mulyanto, Dede
Jurnal Hukum dan Peradilan Vol 8 No 3 (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.8.3.2019.391-406

Abstract

Sunda Wiwitan as a religion had existed prior to the other, more well known religions in Indonesia, but is currently isn’t recognized as an official religion by Act No.1/PNPS/1965. The state, as opposed to guaranteeing the freedom of belief and its practice, instead imposes restrictions on religion in this particular case, leaving the believers of Sunda Wiwitan feeling abandoned and as outcasts. As a result, many violations and discriminations are experienced by adherents of Sunda Wiwitan. One example of such discrimination is the “whiting-out” of the “religion” column in ID Cards. The result of this discrimination is difficulty in accessing civil documents, in addition to verbal violence from certain parts of the society who assume the Sunda Wiwitan belief as heretic.
CRIMINAL CODE BILL ARTICLE 414 AND SEX EDUCATION IN INDONESIA Maddussila, Samsu Alam
Jurnal Hukum dan Peradilan Vol 8 No 3 (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.8.3.2019.407-419

Abstract

Sex education in Indonesia still taboos to talk in an educational context; however, sexual abuse, free sex, and abortion are increasing more and more. This situation more likely will get in an emergency when criminal code bill article 414 about showing contraception tools to children is applied because it is considered cut off sexual education teaching and against HIV/AIDS and family planning campaign.  This article focuses on analyzing criminal code bill article 414 toward sex education in Indonesia and discussing possible solutions for including sex education in the school curriculum. Several critics addressed in criminal code article 414, and several solutions were given in this article for including sex education in the Indonesian curriculum. There is some limitation occurred toward this article, especially, the literature which addressed this issue is limited. In addition, it seems the experts are not discussing about this issue regularly.
INSTITUTIONAL DESIGN OF THE REGIONAL HOUSE OF REPRESENTATIVES (DPRD): LEGAL POLITICAL STUDY ON INDONESIA’S LAW NUMBER 23 OF 2014 CONCERNING REGIONAL GOVERNMENT Tauda, Gunawan A.; Umasangaji, Amirudin; Rumkel, Nam; Istiqamallah, Nurul
Jurnal Hukum dan Peradilan Vol 11 No 1 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.1.2022.1-20

Abstract

By the promulgation of Law Number 23 of 2014 concerning Regional Government, there has been a shift in the institutional design of the Regional House of Representatives (DPRD in Bahasa Indonesia), especially in the aspects of the legislative function and its authority. There is an affirmation of the understanding of the DPRD as an element of regional government administration. In this context, the House of Representatives (DPR in Bahasa Indonesia) and the President deliberately combine the two types of power functions, the legislative and the executive, into one institution called the DPRD in the local government system in Indonesia. Shifting of institutional design above indicates that Regional Government Law is principally no longer categorizes the DPRD as a legislative agency but instead as an executive institution playing a role in supervising the implementation of Regional Government. Based on this Regulation, the theoretical interpretation of DPRD’s existence is interpreted as an executive institution running the legislative function.
CONSUMER PROTECTION AND FINTECH COMPANIES IN INDONESIA: INNOVATIONS AND CHALLENGES OF THE FINANCIAL SERVICES AUTHORITY Atikah, Ika
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.9.1.2020.132-153

Abstract

The article has questions from the background of the research as follows: how to protect consumers fintech transactions from financial technology companies? What are the innovations and challenges of the financial services authority in overseeing and issuing regulations related to fintech? The research method used is normative with the statute approach and conceptual approach. The technique of collection primary legal is carried out by collecting OJK regulations regarding fintech companies, and consumer protection. Meanwhile, the technique of collection secondary legal is the concept or theories related to the main issue complete with bibliography. The Results that found are the fintech companies must be registered in the financial services authority by obeying and implementing OJK regulations. Innovation that OJK did enact Supervisory Technology (Suptech) to develop the financial technology (fintech) corporate ecosystem that is included in the realm of Digital Financial Innovation (IKD) on the OJK portal with the name Gerbang Elektronik Sistem Informasi Keuangan Digital. OJK also established the Innovation Center or Fintech Center in 2018. Challenges OJK must face: fintech lending is to create a balance between increasing financial inclusion and risk management, improving people’s understanding of fintech services, infrastructure, cybersecurity and data protection for consumers and fintech must collect more consumer data so that the lending and borrowing process becomes more efficient and effective.
DISPUTE SETTLEMENT IN THE OMBUDSMAN AND THE COURT OF LAW REGARDING COMPENSATION IN PUBLIC SERVICE DISPUTE Bimasakti, Muhammad Adiguna
Jurnal Hukum dan Peradilan Vol 10 No 2 (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.10.2.2021.277-299

Abstract

Public Service is the embodiment of the main tasks of a governance. But in its implementation sometimes it also causes disputes due to losses experienced by community members due to a bad public service. Therefore Law No. 25 of 2009 concerning Public Services regulates dispute resolution in the implementation of public services. At least there are two types of ways to resolve compensation in public service dispute that caused by Tort in the Public Service, namely the Non-Litigation settlement through the Ombudsman, and the Litigation settlement through the Court. However, in further studies it was found that there was an overlap of authority between the Ombudsman and the Court in resolving public service disputes. This paper will try to discuss this in depth in terms of the philosophy of the existence of the Ombudsman, and its implications for its Special Adjudication authority. Aside from that, this paper will also discusses about the procedure of proceedings in the Administrative Court regarding public service disputes.
AN OVERVIEW OF STRICT LIABILITY OFFENCES AND CIVIL PENALTIES IN THE UK’S ENVIRONMENTAL LAW Mahfud, Mahfud
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.9.1.2020.154-169

Abstract

The UK has incorporated the strict liability principle in dealing with the environmental offence in its legislations. However, the principle application has some detrimental impacts. This article aims to discuss strict liability crimes in the UK’s environmental legislations and civil penalties in the UK, the detrimental effects of applying its principle and the reasons for supplementing criminal penalties for environmental offences with civil penalties. This will be done through the adoption of a doctrinal legal research method. The incorporation of strict liability principle in the UK’s legislations can be found in the Environmental Protection Act 1990, the Water Resources Act 1991, Part 2A of the Environmental Protection Act 1990 and the Environmental Permitting (England and Wales) Regulations 2010 (SI 2010 No. 675). The detrimental effects of the principle application are the ignorance of mens rea element, unfair trial, ineffective environmental damage prevention, and contradictory to release right. The reasons for applying civil penalties of criminal law violation in regard with violating environmental law are this punishment is possible to be imposed on companies, it strengthens another kind of non-criminal sentence sanction, it is a peaceful solution, a polluter may manage by himself to repair the damage, it has no stigma on the polluter and it has wider law enforcement form. There is a dearth of literature looking at the latest UK’s legislation incorporating strict liability principle application. This article will fill this literature gap. 
IMPLEMENTATION OF ELECTRONIC TRIAL (E-LITIGATION) ON THE CIVIL CASES IN INDONESIA COURT AS A LEGAL RENEWAL OF CIVIL PROCEDURAL LAW Kurniawan, M. Beni
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.9.1.2020.43-70

Abstract

Civil case trial based on HIR/RBg takes months or even more than a year, which sets a bad precedent for judicial institution because it tends to be complicated, and closed. A proverb voiced, “Reporting the loss of goats instead of missing cows,” increasingly the public’s negative impression towards judicial institution. Responding to these conditions, the Supreme Court issued a Supreme Court Regulation (PERMA) No. 1 of 2019 concerning Case Administration and Court Trials Electronically. The research questions, how is the implementations of electronic trial (e-litigation) on civil cases in Indonesia judicial institutions? The research method used is literature study, in particular normative legal research, which is descriptive analytical. PERMA No 1 of 2019 has provided benefits for internal judiciary and justice seekers. Where case registration is done electronically without needing go to court. The payment of court fees is simply by transferring to a virtual account and the summons of parties are carried out electronically to an electronic domicile. It is not just limited to that the trial is also carried out electronically, from the first trial until the reading of the judge’s verdict. However, there are challenges for the successful of electronic litigation from the aspect of legal substance, the electronic trial regulated at PERMA rule out HIR/R.Bg whose hierarchy is above of that PERMA. In aspects of legal structure, It is needed the completed infrastructure and human resources. As well as aspects of legal culture, the enthusiasm of justice seekers who use e-court services.
THE PERCEPTIONS OF INDONESIAN JUDGES IN SENTENCING MINOR DRUG OFFENDERS: CHALLENGES AND OPPORTUNITIES Mustafa, Cecep
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.9.1.2020.1-26

Abstract

This paper presents the perceptions of Indonesian Judges in sentencing minor drug offenders. The judge holds a central role in the sentencing process, and because of the judicial discretion they can use it is essential to understand how judges come to their sentencing decisions. To develop an understanding of how judges perceive their actions in decision-making and sentencing of drug users, a total of 31 participants were interviewed. The data demonstrated that the majority of minor drug offenders are from poorer backgrounds. Poverty was found to lead people to the drug culture. Moreover, lack of understanding of the harm caused by taking drugs and living under drug prohibition were considered as contributing factors to people involved in minor drug offences. Thus, minor drug offenders are considered by judges as victims of their circumstances. Within structural inequality, the imposition of harsh sentencing to minor drug offenders who suffer from socio-economic problems raises issues surrounding justice. Within the current legal structure of Indonesian courts, which are primarily retributive and have drug prohibitionist policies, the majority of participating judges consider drug sentencing as reflecting those prohibitionist policies. However, a substantial minority of participating judges interpreted the form of the sentence within available limits. These findings will contribute to the sociological understanding of the context in which judicial culture shaped the formation of the judiciary as a group and the impact of Islamic culture on the participating judge’s positive preference for rehabilitative problem-solving in the Indonesian context.
THE VALIDITY OF TURKEY-LIBYA’S AGREEMENT ON MARITIME BOUNDARIES IN INTERNATIONAL LAW Gunawan, Yordan; Sastra, Verocha Jayustin; Prakosa, Adyatma Tsany; Ovitasari, Mutia; Kurniasih, Lathifah Yuli
Jurnal Hukum dan Peradilan Vol 9 No 2 (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.9.2.2020.170-185

Abstract

The conflicts between Turkey and Greece have been going on for a long time. Several conflicts caused tension between Turkey and Greece, such as the territory of Aegean, Cyprus, and other problems. The tension increased because the bilateral agreement between Turkey and Libya on the maritime boundaries of the Eastern Mediterranean, which signed in 2019, was opposed by Greece because the Agreement did not take into account the existence of the island which owned by Greece. The Agreement between Turkey and Libya made Greece furious because Greece considered that the action violated Greece’s sovereignty. The research aims to find out further about the validity of the agreement between Turkey and Libya on the maritime boundaries, which threatened Greece’s sovereignty. By using normative legal research, the research emphasizes the bilateral agreement between Turkey and Libya is invalid since it against the international law principles, namely sovereignty of states, good faith, good neighborhood, and Treaty of Amity and Cooperation. The paper will contribute to giving a theoretical understanding regarding aspects that need to be considered, outside the procedural aspects, when a state wants to make an agreement with another state, according to international law.

Page 56 of 66 | Total Record : 653

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