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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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Reproduction of Islamic Law in The Era of Globalization and Pluralism Umar, Nasaruddin; Mawardi, Irvan; Tsuji, Akiho; Haryanti, Tuti
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.12.3.2023.629-654

Abstract

The rise of globalization values: secularism, capitalism, legal liberalization and democratic freedom that is sweeping the world today can create a disharmony of diversity during legal pluralism that exists in Indonesia between state law, religious law and customary law. The context of reproduction in this study redesigns policies based on Islamic law that have a vision that can moderate diversity in Indonesia so that the existence of Islamic law can be accepted in the context of diversity and diversity in an inclusive manner. To conduct the research, the author uses conceptual approaches and statutory law. As a result, the author concluded that legal pluralism in Indonesia should not occur strong autonomy in each legal system but increasingly interact and interconnect in the context of moderation, this complementary reproduction model of pluralism is being designed in this study.
Gender Mainstreaming through Guarantees of Legal Protection and Access to Justice for Women and Children in Religious Court Akram, Andi; Nugroho, Agus Digdo; Putri, Reihan; Johanes, Johanes
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.12.2.2023.267-292

Abstract

Barriers to realizing accessibility for women and children in religious courts are still quite significant. Even after five years have passed since Supreme Court Regulation Number 3 of 2017 on Guidelines for Trying Women’s Cases in Conflict with the Law was published. The initial suspicion is that this is still an unresolved problem because law enforcement’s sensitivity to the needs of women and children has yet to be developed. Gender mainstreaming is then encouraged to overcome this. The problem that is the focus of discussion in this research is how to increase the accessibility of justice for women and children in religious courts. The aim is to elaborate and analyze the problem of how to increase the accessibility of justice for women and children in religious courts. The research method used is normative juridical, the research specification is descriptive analysis, and the data collection technique is library research. The research results show that most of the existing obstacles in access to justice and law for women and children after divorce still exist and still need to be resolved. The Supreme Court, as the supervisor of religious courts, has issued several regulations to overcome this problem. In fact, after several of these regulations were issued, difficulties with access to justice continued to occur, primarily related to the implementation of decisions/ executions. Gender mainstreaming by judges and religious court officials is needed to narrow the gap in access to justice and law for women and children after divorce. The urgency is because women and children are vulnerable parties, have limitations, and have extensive obstacles in accessing justice in court. Hence, they require support for convenience, priority access, simplification of business processes, and additional authority for judges in their positions (e.g., officio) when handling cases of women and children.
Addressing Non-International Armed Conflicts Vis-À-Vis International Humanitarian Law and Human Rights Regime Fahim, Md. Hasnath Kabir; Chowdhury, Mohammad Aktarul 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.12.2.2023.347-370

Abstract

In contrast to traditional wars fought between States, most armed conflicts under international law have been fought within the boundary of States. Non-international armed conflicts (NIAC) are those internal wars or armed conflicts that occur inside the border of a State and include conflict between the government of a State and armed groups or only between armed organizations. Since these internal armed conflicts mirrored war between States in nearly every way, a need arose for a set of laws that might put efforts to 'humanize' their conduct at the same level as the laws regulating international armed conflict (IAC). This article highlights the significant debate between international and non-international armed conflicts and whether the difference has been virtually removed. This paper then discusses how NIAC is governed by the body of laws known as international humanitarian law (IHL). Lastly, this research looks at the debate on the difference between international and non-international armed conflicts from the standpoint of international human rights law (IHRL) to understand the characterization of armed conflicts under IHL. Indeed, there is a great deal of ambiguity in borderline circumstances due to the sliding scale for applying IHL and IHRL in NIAC, which also imposes differing obligations on the government and armed groups. Adopting a harmonious and cooperative approach may prevent any detrimental effects on the development of IHL and IHRL.
Development Model of Gender Equality Study in Inheritance Distribution of Tanah Luwu Communities Assaad, Andi Sukmawati; Hasyim, Baso; Ismail, Abdul Manan; Kuba, Amiruddin
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.12.2.2023.215-240

Abstract

This research’s aims are 1. analyze the Tanah Luwu people's inheritance distribution, 2. analyze the views of Gender Equality on how to distribute the inheritance of the Tanah Luwu Tribe community, 3. analyze the model for developing gender equality in the inheritance distribution system of the Tanah Luwu people. This study uses an explorative-qualitative research method that describes the development model of gender equality studies in the distribution of inheritance for the people of Tanah Luwu by studying inheritance cases enforced concerning parts and kinship systems. The study shows that the people of the Tanah Luwu tribe generally adhere to Islam; however, they still highly respect the customs passed down from generation to generation to their families, including in inheritance. Therefore, when asked about the inheritance laws that apply, they answer Islamic inheritance laws. However, they use inheritance laws according to their wishes or the appointing system and consider it fair. Gender equality views the inheritance distribution of the people of Tanah Luwu as unfair; thus, there is concern among the heirs. Tension can lead to conflicts or disputes. The gender equality development model is the conflict management and conflict transformation approach.
Age Limitations for Presidential and Vice Presidential Candidates Post Constitutional Court Ruling Number 90/PUU-XXI/2023 A Democratic Perspective Gusman, Delfina; Oliveira, Pascoal da Costa
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.12.3.2023.607-628

Abstract

The constitutional right to vote or be elected is a realization of a democratic government system. Freedom exists for every citizen or government to be able to participate in the advancement of a nation. Nominating the head of state in Indonesia is a big part of political participation for every citizen nominated by their political party to be able to run for president. However, in Indonesia, certain conditions must be met for citizens running for President, one of which is a minimum age limit. This age restriction became an academic debate until the Petitioner was tested at the Constitutional Court, where he had potential disadvantages, namely not being able to run for president even though he had experience or expertise in the world of government. This research is legal research with towards statutory case analysis. The results of this research explain that the age restrictions for presidential nomination requirements in Indonesia are not only bound by formal provisions, but the Court provides an alternative consideration regardless of the age of a presidential candidate who can nominate if they have experience or are currently serving as regional heads. The implications of the Constitutional Court's Decision Number 90/PUU-XXI/2023 regarding the alternative in the form of age quality for Presidential candidacy wishes of the Community in performing their  political rights
Analysis of Legal Certainty Aspects in Indonesian Marriage Registration Rule Rosyadi, Imron; Kahar, Aisyah
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.12.3.2023.469-488

Abstract

This paper examines the legal certainty aspects of marriage registration regulations in Indonesia. The controversy over whether or not a marriage is lawful without registration is still ongoing, depending on how Article 2 of Act No. 1/1974 regulating marriage is interpreted. The research method used in writing this paper is a literature study with normative legal research and descriptive analysis. Using the legal certainty aspect approach, the author analyzes various laws and regulations regarding marriage registration objectively. According to the findings of this study, the Marriage Act requires that every marriage be documented or registered by the marriage registration officer. However, Presidential Regulation (PERPRES) Number 96 of 2018 and Minister of Home Affairs Regulation (PERMENDAGRI) Number 9 of 2016 provide an alternative for those whose marriages have not been documented to create various population administrations by attaching a Statement of Absolute Responsibility (SPTJM). These two contradicting requirements have generated legal uncertainty in Indonesian marriage registration.
Personal Data Protection in Private Sector Electronic Systems for Businesses: Indonesia vs. South Korea Silviani, Ninne Zahara; Shahrullah, Rina Shahriyani; Atmaja, Vanessa Riarta; Hyun, Park Ji
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.12.3.2023.517-546

Abstract

This paper explores the various practices surrounding the legal framework for protecting personal data in the context of private electronic systems used by commercial companies. The research's main focus is the ambiguity of the goals of Indonesia's Electronic System providers and how they may adopt better practices to enhance data protection within Electronic System Providers, so this extensive examination also includes a thorough comparison of the personal data protection laws in South Korea and Indonesia. This investigation aims to carefully define, evaluate, and harmonize the two countries' unique legal systems. This study uses a normative legal research framework with a Teleological and Legal Protection approach as its research technique. Additionally, it uses the comparative law method to clarify, outline, and examine the specifics of the personal data protection laws that are now in force in Indonesia and South Korea. The results of this research go beyond identifying problems; they are expected to produce a thorough understanding of the complexities surrounding personal data security in the context of electronic commerce. These discoveries are well-positioned to be the foundation for upcoming regulatory improvements, eventually encouraging more potent and reliable data protection procedures in both nations.
Aspect of Justice in The Application of "Impoverishment" Concept in Asset Seizure Resulting from Corruption Offenses Jaya, Arizon Mega; Maroni; Fardiansyah, A Irzal; Soerjatisnanta, Hieronymus; Akib, Muhammad; Jaya, Belardo Prasetya Mega
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.377-400

Abstract

The main question and context of the discussion is whether the concept of impoverishment through asset confiscation in corruption cases in Indonesia fulfills the aspect of justice for defendants. This research will play a role in providing legal boundaries and certainty regarding the concept of impoverishment. This research used normative legal research. Normative legal research focuses on analyzing legal rules, principles, and doctrines to understand how the law should be, rather than how it is practiced. This research showed that the concept of impoverishing perpetrators of corruption crimes is interpreted as the confiscation of wealth/assets belonging to perpetrators of corruption crimes, which are the proceeds of corruption, and carried out in accordance with applicable regulations. Asset confiscation from perpetrators of corruption crimes must be implemented with legal measures that do not disregard the sense of justice and without disregarding or respecting the rights of the defendants and the property rights of others unrelated to the corruption case being handled, so the execution in the form of asset confiscation that can provide a sense of justice as it is conducted in a civilized manner and based on humanitarian values. Confiscating the wealth of defendants in corruption cases must be carried out proportionally, and the confiscation of individuals suspected of committing criminal acts of corruption must be upheld and must not violate constitutional principles.
Comparison of Legal Maxims in Common Law and Islamic Law: Similarities and Differences in Dispute Resolution Wahyudi; Suntana, Ija
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.425-458

Abstract

This study compares legal maxims or legal principles in common law and Islamic law, focusing on the similarities and differences in applying these rules in dispute resolution. The legal maxim in these two legal systems is a fundamental principle that guides judges and legal practitioners in interpreting legal rules and deciding cases. In common law, legal maxims develop through precedent and jurisprudence. In contrast, in Islamic law, this rule comes from religious texts such as the Qur'an and Hadith, as well as the development of law by scholars. The normative-comparative approach method is used to analyze the similarities and differences of the maxim legal in both legal systems. This method helps identify important points of similarity and differences and reveals ways in which the two legal systems can complement each other. This comparative study concludes that Common Law and Islamic Law originate from different foundations, secular precedent versus divine revelation; they share a fundamental commitment to justice, embodied in maxims like "no punishment without law." Their paths diverge in methodology: Common Law prioritizes legal certainty through precedent, while Islamic Law seeks balance through moral objectives (maqasid-al-shari'ah). Significantly, in pluralistic systems like Indonesia, these traditions converge pragmatically. Courts creatively blend principles, merging pacta sunt servanda with al-`ādatu muhakkamatun to deliver legally sound and contextually just rulings. This demonstrates that the future of effective dispute resolution lies not in choosing between systems, but in their thoughtful integration to achieve substantive justice.
The Role of Active Judges: A Comparative Study of Civil Cases and Administrative Disputes Faridah, Siti; Hadiyantina, Shinta
Jurnal Hukum dan Peradilan Vol 14 No 2 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.2.2025.351-376

Abstract

The active role of judges is essential in ensuring the fair resolution of administrative and civil disputes. In the Administrative Court, judges are required to act under the dominus litis principle, which empowers them to take proactive steps in clarifying facts, guiding proceedings, and balancing the unequal positions between individuals and government authorities. This active role aims to uphold justice and protect citizens from administrative actions that violate legal norms or principles of good governance. In civil cases, by contrast, judges generally adopt a passive stance in accordance with the audi et alteram partem and party autonomy principles, although limited judicial intervention may still be necessary to safeguard fairness when power imbalances arise. This study employs a normative legal research method using statutory and conceptual approaches to examine the active judicial role's legal framework and theoretical justification. Drawing on theories of legal certainty, judicial activism, and due process of law, the study finds that while judicial activism is crucial to achieving substantive justice and transparency, it must operate within defined limits to preserve impartiality and procedural balance. Thus, the proper calibration of judicial activism serves not only to protect the integrity of the judicial process but also to ensure that justice remains both fair and effective in practice.

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