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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 655 Documents
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ADOPTING OSMAN WARNING IN INDONESIA: AN EFFORT TO PROTECT POTENTIAL VICTIMS OF CRIME TARGET Taufiqurrohman, Moch. Marsa
Jurnal Hukum dan Peradilan Vol 11 No 3 (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.11.3.2022.477-498

Abstract

In the development of criminal law globally, experts believe that preventing crime is much better than taking action. This article exemplifies several criminal cases, especially serial murder cases in Indonesia, which show the lack of quality in the crime prevention system in Indonesia. In line with these consequences, this article considers that Indonesia needs a kind of “warning” system to increase efforts to prevent crimes. Furthermore, this article refers to the experience of implementing the Osman Warning in the UK, improving the quality of crime prevention. This article concludes that there are many problems in the crime prevention system in Indonesia. In responding to these problems, this article aims to answer three concerns. First, what are the difficulties in preventing crime in Indonesia? Second, what is the extent of the obligations of law enforcement in preventing crimes? Third, what is the probability of adopting the Osman Warning concept in Indonesia? Furthermore, this article claims that the probability of implementing the Osman Warning in Indonesia is relatively high and is suitable for implementation. Finally, this article provides a view that special regulations are needed in the laws and rules to accommodate the Osman Warning in the criminal law system in Indonesia.
JURIDICAL PROBLEMS ON COOPERATIVE BANK REGULATIONS ON INDONESIA'S ECONOMIC GOALS Almaududi, Almaududi; Mazelfi, Ihsani
Jurnal Hukum dan Peradilan Vol 11 No 3 (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.11.3.2022.437-452

Abstract

This paper is concerned with the juridical problems on cooperative banks’ regulations on Indonesia’s goals stated in the 1945 Constitution Republic of Indonesia. The problems arise due to the absence of commercial banks in the form of cooperative banks. Furthermore, Indonesia has a minimum number of cooperative rural banks (BPR Co). Currently, OJK registered only 19 BPR Co out of 1545 BPRs (0.01%). The study aims to examine the juridical problems of cooperative bank regulation in Indonesia’s goals as stated in the 1945 Constitution. It is normative research, analyzed qualitatively and presented in a descriptive. The study reveals that the Government and the Financial Services Authority (OJK) have no intention of further regulating the legal form of Cooperative Banks. We can see it from the non-accommodation of Cooperative Banks in Law on Syariah Banking. In addition, we could also see it from the absence of regulation on Cooperatives Commercial Bank in OJK Regulation. Therefore, it is not surprising that no commercial banks in Indonesia are in the legal form of cooperative. 
ACCESS TO POSBAKUM IN PANDEMIC TIMES AND THE DIGITAL ERA FOR THE COMMUNITY AS A MEANING OF SOCIAL JUSTICE FULFILLMENT Albana, Muhamad Zaky; Alfi Syahr, Zulfia Hanum
Jurnal Hukum dan Peradilan Vol 11 No 3 (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.11.3.2022.545-562

Abstract

Access to justice for the community is a mandate from the Constitution Article 28 Paragraph 1, which states that everyone has the right to recognition, guarantees, protection, fair legal certainty, and equal treatment before the law. The development of access to posbakum is a form of fulfilling social justice for the community following the mandate of the fifth principle of Pancasila. It is also stated in Law Number 48 of 2009 concerning Judicial Power, which requires the court to assist justice seekers, try to overcome all obstacles, and achieve a simple trial, fast and low cost. Therefore, a legal aid post (Posbakum) is established at every court to help the underprivileged gain access to justice and equality before the law. So far, posbakum can only be accessed by going to court directly, so during the Covid-19 pandemic, people were hampered from getting these services. Especially for people who live in villages far from the courts, it is tough for them to access and obtain legal aid services from the courts. This paper examines how to develop posbakum so that village communities can more easily access it. It will also investigate the obstacles people in rural areas face in obtaining posbakum services. The method used is qualitative with data collection techniques through library research and interviews, coupled with a normative study of related regulations. This study shows that the existence of Posbakum, through partnerships with the village government, can provide better access to justice for village communities.
Analysis Of Labor Rights After The Job Creation Law In Perspective Of Human Rights Tobing, Christina NM; Ginting, Sryani Br.; Melayu, Hasnul Arifin
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.97-128

Abstract

The Job Creation Law has caused controversy from various circles of society, both in terms of the procedure for its formation and the contents, especially the labor cluster. Many materials in the Job Creation Law reduce workers’ rights by creating a flexible working relationship. The relationship is more in favor of the interests of employers, thus raising the issue of legalizing modern slavery, which is contrary to human rights. This study analyzes changes in workers’ rights, especially regarding wages, specific worktime agreements, outsourcing, and severance pay from a human rights perspective. This research was normative legal research, namely on the substance of workers’ rights after the Job Creation Law from a human rights perspective, with a statutory approach and a conceptual approach. The analysis revealed that the job creation law policy is an effort to create the broadest possible employment opportunities and attract greater investment to Indonesia. In addition, it is to realize the human rights of workers who have not worked. The changes in the Job Creation Law and its implementing regulations that abolish and reduce workers’ rights and make work relations more flexible can violate workers’ human rights. On the other hand, the Government is trying to strike a balance by creating new and fair workers’ rights.
Prosecutorial Application of Restorative Justice: Overview, Mechanism, and Commentary on Prosecution Cessation Hakim, Jefferson; Amedi, Azeem Marhendra
Jurnal Hukum dan Peradilan Vol 12 No 2 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.319-346

Abstract

This article discusses the implementation of prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service. Restorative justice was introduced as an out-of-court criminal case settlement with certain conditions. Nevertheless, an unpopular opinion against the implementation of the prosecution cessation based on restorative justice as it is considered to deviate from the Indonesian Criminal Procedure Code. The purpose of the research in this article is to describe the concept of restorative justice, the implementation of the prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service, as well as a juridical study of the implementation of prosecution cessation based on restorative justice in the perspective of the Indonesian Criminal Procedure Code. The research method in this article is normative juridical. Restorative justice is considered to be able to meet a sense of justice for the victim and society, as the perpetrator is required to be responsible for restoring the victim's condition to its original state by prioritizing mediation and dialogue. Coming from the perspective of the Indonesian Criminal Procedure Code, the implementation of stopping the prosecution based on restorative justice has the potential to become an object of pretrial. However, from the perspective of the idea of law, the prosecution cessation based on restorative justice satisfies the triad of justice and utility as the idea of law.
PROTECTION OF WOMEN'S AND CHILDREN'S RIGHTS BASED ON SYSTEM INTERCONNECTION: A New Paradigm of Execution of Women and Children's Rights after Divorce Suadi, Amran
Jurnal Hukum dan Peradilan Vol 11 No 3 (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.11.3.2022.499-522

Abstract

The implementation of post-divorce decisions in the religious court demands great attention because the system for implementing decisions in divorce cases still needs to be stronger. The cost of executing the decision is not commensurate with the nominal (the ex-husband must pay “the obligation” to his ex-wife). As a result, court decisions become “useless”, which are only authoritative in writing but weak in implementation. Through this paper, the author wants to explain a new concept related to the fulfillment of the rights of women and children after divorce based on an interconnected system so that post-divorce women and children are guaranteed their fulfillment of rights without going through the process of execution in court. This research is normative research through a statutory approach and a conceptual approach. This research shows that ensuring the women's and children's rights fulfillment requires an interconnected system. Courts must involve non-judicial institutions in an integrated manner following their respective authorities. This new framework makes institutions outside the judiciary as external partners in implementing single identity-based court decisions.
Electronic Evidence in The Healthy Justice System: Reimagined Komalasari, Rita; Mustafa, Cecep
Jurnal Hukum dan Peradilan Vol 12 No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.547-580

Abstract

This study addresses one of the critical difficulties related to the admissibility of electronic evidence. This essay examines the reliability of electronic evidence in foreign criminal and civil justice systems and offers suggestions for revising the reliability of electronic evidence in Indonesian court processes. In terms of the legitimacy of electronic evidence in the criminal justice system, the method adopted is the present comparative policy approach in various nations. The paper presents the concept of a rapid check mechanism for verifying electronic evidence, which swiftly advances the settlement of criminal and civil cases.
A Facile Review On The Protection Of An Invention In Nigeria: Issues And Challenges Aidonojie, Paul Atagamen; Majekodunmi, Toyin Afolabi; Edetalehn, Oaihimire Idemudia; Adeyemi-Balogun, Omolola Janet
Jurnal Hukum dan Peradilan Vol 12 No 2 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.371-408

Abstract

The development of a nation relies on technological advancements and innovations. It is evident in the progress of countries such as the USA, China, and Russia, which are considered developed nations due to the contributions of their scientists and technicians. In contrast, Nigeria and many other African countries are categorized as developing nations primarily due to the slow pace of innovation. Despite this, the legal process of obtaining protection or a patent for inventions poses a significant challenge for scientists and technicians in Nigeria. In this regard, the study employs a hybrid research method to examine the issues and challenges related to the protection of inventions in Nigeria. A descriptive and analytical approach is used to analyze the data by distributing 253 questionnaires to respondents across various geopolitical zones in Nigeria. The findings reveal a limited number of scientists and technicians involved in technological innovation, and there are obstacles to obtaining patents or protection for inventions in Nigeria. These challenges often deter scientists and technicians from investing more effort in technological innovation. Therefore, it recommended and concluded that, for practical and improved technological innovation in Nigeria, the government should create an enabling environment and review the existing legal framework for obtaining patents over inventions.
The Effectiveness of Correctional Institutions for Children, Female, and Elderly Inmates in Sidoarjo District Warjiyati, Sri; Rosyadi, Imron; Sari, Zeti Nofita; Sham, Fariza MD
Jurnal Hukum dan Peradilan Vol 12 No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.581-606

Abstract

Correctional Institutions are institutions implementing the criminal system whose function is to develop correctional inmates, including, in this case, women who are serving sentences and required to participate in the entire series of training activities in correctional institutions. In this case, the effectiveness of coaching prisoners can provide a good role model for others, especially prisoners of female, children, and the elderly. Then, the supporting factors can be used as examples to become even better in the future, and better solutions can be found for factors that can hinder development. This research aims to determine the pattern of coaching females, children, and elderly prisoners and to determine the factors that inhibit and support coaching. Synergy is needed between all parties involved, starting from prisoners, correctional officers, and related agencies, in cooperating with each other in carrying out training for female, child, and elderly prisoners to overcome problems in the implementation of training for female, child, and elderly prisoners, For this reason, it is necessary to carry out treatment and guidance to achieve better goals, and if the convict leaves, he will create an independent character and have a better leadership spirit.
Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021 Ayub, Zainal Amin; Dinata, Ari Wirya; Ambarini, Nur Sulistyo Budi; Susanti, Pipi; Elcaputera, Arie
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.1-28

Abstract

Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The  issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decedendi) and legal archicteture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory.

Page 62 of 66 | Total Record : 655

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