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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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Strengthening The Implementation of E-Court-Based Judiciary As A Legal Protection In The Implementation of E-Litigation-Based Trials Yoesuf, Juliani Paramitha; Ramadhansyah, Fery; Elviyanti, Sinta; Salamah, Ade
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.12.2.2023.293-318

Abstract

E-Court has been implemented in all courts in Indonesia. However, among legal experts, implementing electronic-based trials (e-litigation) raises pros and cons, especially when parties must attend the trial. This situation is interesting and must be investigated immediately to create legal certainty. The issues that will be examined are: 1) the appropriateness of electronic trial arrangements (e-litigation) based on Supreme Court Regulation of the Republic of Indonesia Number 7 of 2022 dated October 10th2020, and 2) the form of strengthening the implementation of electronic trials (E-Litigation) in e-court. The research method used in this research is normative-empirical legal research, also known as applied law research. The data types used to study normative-empirical legal research are primary and secondary. The results show that 1) Electronic trial arrangements (e-litigation) based on the Supreme Court Regulation of the Republic of Indonesia Number 7 of 2022 concerning the Administration of Cases and Trials in Electronic Trial (e-litigation) are appropriate. However, this regulation still needs to be improved and strengthened so that the litigants as e-court users can obtain law enforcement and justice. 2) The regulation of e-courts needs to be strengthened, as the law must absorb what the community wants in judicial practice. Policy strengthening regarding e-court can be carried out through a) amendments to the Judicial Powers Act, primarily related to regulations for the electronic announcement of decisions as a consequence of legal reforms; b) establishment of the law on the implementation of e-court and e-Litigation; c) establishment of a new Perma to strengthen Perma No. 7 of 2022.
Preventing Human Trafficking In Indonesia: The Role Of Legal Empowerment Programs AS, Moh. Zakky; Mece, Merita; Zoelva, Hamdan; Makarao, Mohammad Taufik
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.12.1.2023.189-214

Abstract

Trafficking in persons or human trafficking, especially women and children, must be eradicated because it violates human dignity and human rights. This article examines and explores the root causes of human trafficking, the criminal sanctions, and the decisions of judges/trials on trafficking in persons in Indonesia to prevent trafficking in persons through legal empowerment. It is based on normative legal research, that is, legal research conducted by examining literature or secondary data. The study reveals that there are at least 10 (ten) root causes of trafficking in persons, which occur in various places in the world, including in Indonesia, namely poverty, lack or low level of education, demand for cheap labor/demand for sex, lack of the implementation of the human rights laws for vulnerable groups, lack of legitimate economic opportunities, Social factors and cultural practices, conflict and natural disaster, trafficking market as a business that generates a large profit, lack of safe migration options, traffickers. There are criminal sanctions against trafficking in persons in Indonesian legislation. This article highlights the importance of the use of legal empowerment in Indonesia to prevent trafficking in persons and address its root causes.
Distribution Of Joint Properties According To Balanced Justice Principle Ridwan, M; Gumilar, Gugun; Suadi, Amran; Hasan, KN Sofyan; Syaifuddin, M
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.12.1.2023.57-76

Abstract

The structure of joint property divided governed by Law No. 1 of 1974, and the Compilation of Islamic Law must fully reflect the importance of justice and legal clarity. Based on that, the issue addressed in this journal is how to design a more reasonable and legally specific partition of the joint property after divorce for the community in the relevant marital law in the future. This study is categorized as legal-normative research. According to the study's findings, the future concept of joint property law reconstruction is to incorporate the principle of balanced justice based on Pancasila into Article 37 of Law Number 1 of 1974 concerning Marriage and Article 97 of the Compilation of Islamic Law through amendments to Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law. The notion of balanced justice has been found in various Republic of Indonesia's Supreme Court decisions. As a result, some of the legal rules in the joint property decision must be reviewed while developing joint property law regulations.
Solutions To Differences In Sentences For Parallel Integration Of Restorative Justice In Indonesian Courts Bakhtiar, Handar Subhandi; Amriyanto, Amriyanto; Maddussila, Samsu Alam
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.12.2.2023.409-440

Abstract

This study describes the problems and solutions related to differentiating sentences for the parallel integration of restorative justice in Indonesian courts. This study is normative-legal research using statute, comparative, and conceptual approaches. This study utilizes primary legal materials and secondary legal materials. This study is based on 25 (twenty-five) cases decided by judges in Indonesian courts. The research results indicate that the values of restorative justice are very relevant to the cultural values of gotong royong in Indonesia. Judges must consider the community’s cultural values and the implementation of restorative justice in their decisions. Parallel integration of justice has been re-applied in Indonesian courts. Still, in practice, judges do not have guidelines for parallel integration, so it is very possible that there will be differences in punishment for applying parallel integration. Therefore, as a solution to the problem of differentiation of sentences, the authors propose 2 (two) concepts of court decisions, namely (1) the verdict of the indictment cannot be accepted, and (2) the decision of the public prosecutor cannot be accepted.
Indonesian Omnichannel Banking: How Far Do Governing Laws Protect Customer's Data Privacy Munzil, Fontian; Zakaria, Nadisah
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.12.1.2023.29-56

Abstract

In the digital transformation era, banks have been working to implement a digital strategy that will lead to lower costs, better service, higher profitability, and the desired level of customer satisfaction. Utilising marketing technology for consumer engagement is essential to bringing in more customers without increasing costs. Omnichannel is the marketing strategy that offers more services to customers by having them interact with it across all available physical and digital channels at any time, resulting in higher customer satisfaction and loyalty. Customer data is significant information that may be used at any stage of the digital marketing process. The Protection of Personal Data Act of 2022 and the Act of Development and Strengthening of the Financial Sector of 2023 govern consumer data protection at all stages of marketing activities, including data processing, profiling, and collaboration with other organisations. This study reviews how far the governing laws can protect consumer private data in utilisation in the company's digital marketing program to boost utilisation of the company's omnichannel approach. The study discovered that governing laws can protect the customer's private data in the banking omnichannel approach. Customer data are governed clearly and strongly by the regulations at all marketing program phases that could potentially be exploited, so both laws will be able to prevent illegal activities of customer data optimally in the future. Lastly, customer approval is critical for the Bank's use of all customer data.
Justice for Nature: Integrating Environmental Concerns into Legal Systems for Adequate Environmental Protection Insani, Nur; Karimullah, Suud Sarim
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.12.1.2023.129-158

Abstract

This research explores the importance of integrating environmental interests into the legal system, advocating justice for nature, and realizing a greener and more sustainable world. Based on a comprehensive literature review and critical analysis of relevant sources, this study identifies the key elements needed, namely effective environmental law enforcement mechanisms, active participation of stakeholders, and synergies that link community participation with environmental law awareness. A reliable law enforcement mechanism is a key pillar in environmental protection, involving a fair and efficient judicial process supported by robust law enforcement agencies and adequate sanctions. Stakeholders, including governments, law enforcement agencies, civil society, and the private sector, play a central role in policy formation, implementation monitoring, participation in decision-making, environmental advocacy, and increased awareness of environmental law. The combination of active community participation and environmental law awareness has a positive impact on maintaining environmental sustainability, with community participation covering environmental management, engaging in decision-making, and community empowerment. In contrast, environmental law awareness strengthens law enforcement, understands environmental rights and obligations, and encourages sustainable behavioral change. Thus, this comprehensive integration paves the way to a world in which the interests of nature are heard and protected, creating a more equitable and sustainable global ecosystem.
The Dark Side Of Fast Fashion: Examining The Exploitation Of Garment Workers In Bangladesh Gunawan, Yordan; Matahariza, Anandiva; Putri, Wiwit Kharisma
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.12.3.2023.441-468

Abstract

There have been several attempts to decrease the usage of fast fashion, but no one has been able to stop its development. We are aware that fast fashion is a business model that imitates the most recent catwalk trends, has evolved into high fashion, is produced in large quantities, and is priced affordably. Fast fashion has come under fire from a wide range of people due to the fact that no worker receives the minimum wage, yet products must be mass-produced. In addition to examining the legal and regulatory framework for protecting Bangladesh garment industry workers to fulfill their rights as laborers and how these rights are applied, this article looks at the shadowy side of fast fashion in Bangladesh. This paper elaborates on Bangladesh's experience in managing the situation of a garment industry building that collapsed in 2013, killing hundreds of people inside, using a normative analysis-oriented approach. This study demonstrates that Bangladesh's legal and regulatory framework for worker protection has yet to explicitly state what rights workers are entitled to. Another factor is that Bangladesh does not yet have a robust and consistent practice of human rights-based instruments considered in court and that law enforcement does not fully grasp how to execute these rights. At the same time, it is crucial to improve law enforcement interpretation for worker-focused solutions, giving their rights, and promoting human rights practices in Bangladesh.
The Religious Court Trial Of Wali Adhal Cases In The Indonesian Legal System: A Legal Analysis Candra, Mardi; Sinaulan, Ramlani; Al Hasan, Fahadil; Ramadhan, Jelang
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.12.1.2023.77-96

Abstract

Marriage combines the husband-wife relationship and unifies two families of different ethnicities, cultures, and backgrounds. The consent of the wali is a significant function of the family, particularly the prospective bride's family. Marriage requires the permission of the wali because it is null and void without it. In actuality, the wali of the prospective bride may be hesitant to marry off the woman under his supervision for various reasons, both Shar'i and non-Shar'i. As a result, the prospective bride must apply to the Religious Court for wali adhal for the marriage to occur. This qualitative research employs a normative legal approach, which examines legal norms found in laws and regulations, judge judgments, and other legal sources. According to the findings of this study, wali adhal cases are currently evaluated by voluntary trials or unilaterally. However, because it is unilaterally assessed and there is no opponent, fulfilling the legal purpose of building integrative justice in this examination requires considerable effort. Therefore, wali adhal cases must be examined using a contentious trial.
A Chance to Defend Regional Heads in The Procedure of Regional Head Dismissal as A Manifestation of The Proportionality Principle Aris, Mohammad Syaiful; Fauzurrahman, Iqbal; Abrianto, Bagus Oktafian; Nugraha, Xavier; Felicia, Stefania Arshanty
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.12.2.2023.241-266

Abstract

The existence of regional autonomy in Indonesia is implemented through regional leaders who have the authority to run local government. When carrying out their duties, regional leaders are supervised by other state institutions as a form of checks and balances in government power. Hence, the procedure to dismiss regional leaders regulates to involve the Regional People's Representative Assembly, the Supreme Court, and the President through the Minister of Home Affairs as a form of right to dismiss. However, the existence of the proportionality principle in the procedure to dismiss regional leaders, through the right given to regional leaders to defend themselves, has yet to be regulated in the law. This article talks about two things: first, the procedure to dismiss regional leaders, and second, the legal consequences and the position of a chance to summon regional leaders to explain and defend themselves in the procedure to dismiss regional leaders. This article aims to find the importance of proportionality principles in the procedure to dismiss regional leaders. The method used in this article is legal research, with statutes, conceptual, and case approaches. The results of this research show that although the procedure to dismiss regional leaders has been regulated in law, applying the proportionality principle only exists in jurisprudences. Hence, an ius constituendum is needed to determine legal consequences and certainty regarding the procedure to dismiss regional leaders.
The Principle Of Democracy And Participation In Making Village Regulations As An Effort To Develop A Just Village Is, Muhamad Sadi; Sobandi, Sobandi; Hayatuddin, Khalisah; Suharyono, Suharyono; Saputra, Jemmi Angga; Mohamad, Abdul Basir Bin
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.12.3.2023.489-516

Abstract

Overall, of course, development was carried out from the village, considering that as a country, Indonesia has thousands of villages, which must be carried out in a just development; of course, this development must be based on applicable laws, both laws on villages and village regulations, as the legal basis for carrying out this development. A good village regulation is certainly based on democratic principles and the principle of aspirations in making it. Normative legal research was used based on secondary data sources, especially the Law of the Republic of Indonesia Number 6 of 2014 on Villages, and analyzed qualitatively. The results of the study concluded that, first, good village regulations must contain the principles of democracy and aspirations in the process of making them so that they could produce village regulations in line with the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia, and what was expected by the local village community, so that they could make a village as the main pillar for the progress of the Indonesian nation and state both in the present and the future. Second, A just village development must be based on village regulations to carry out development in villages, both village infrastructure development and village human resource development, as mandated in the Law of the Republic of Indonesia Number 6 of 2014 on Villages.

Page 63 of 66 | Total Record : 653

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