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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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LAW ENFORCEMENT OF ILLEGAL BUSINESS TRANSACTION ON THE BORDER AREA BETWEEN INDONESIA AND TIMOR LESTE IN A DILEMMA NLM Mahendrawati; I Gde Suranaya Pandit; IN Sujana; S Nahak; C.A. Soares; A. M. Telman
Jurnal Hukum dan Peradilan Vol 10, No 1 (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.10.1.2021.115-138

Abstract

This study is a type of empirical legal study conducted based on the discrepancy between the existing provisions and theories and the legal facts occurring among the society, that is, the transaction of goods carried out by crossing the border between two countries.Any hindering obstacles and barricades to the law enforcement over illegal businesses can be settled through social and cultural, economic, political, and security approaches. Alternative solutions that should be applied in dealing with such legal issues can be establishing buildings in the border area, which are specifically directed to help accelerate the handling of three fundamental problems faced in the scope of the development of the border area in question, one of which is delimitation and delineation aspects of the state's boundaries, the aspect of affirming national borders on watershed areas between Indonesia and Timor Leste, the aspect of development discrepancy in the form of fulfilling infrastructure needs in the economic field to foster opportunities for the border areas to participate and compete amid both global and regional markets.
LEGAL IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION ON THE APPLICATION OF RESTORATIVE JUSTICE CONCEPT IN INDONESIA Khalisah Hayatuddin; Suharyono Suharyono; Sobandi Sobandi; Muhamad Sadi Is
Jurnal Hukum dan Peradilan Vol 11, No 2 (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.11.2.2022.281-312

Abstract

The decision of the Constitutional Court Number 68/PUU-XV/2017 cancels Articles 96, Articles 100, and Article 101 of Law Number 11 of 2012 on the Juvenile Criminal Justice System. With this decision, the concept of restorative justice in Indonesia evolves even a stronger legal basis. In this paper, the research method that the researcher uses is a normative juridical legal method that is prescriptive means practical or applicable. This research aims to solve the problems of the research. The results of this study explain that after this decision of the Constitutional Court has been set, it implicates the law,  which is the development of the ideal concept of restorative justice in Indonesia, that is regulated clearly and firmly in the Criminal Code, the Prosecutor's Law, and the Police Act, which can provide legal certainty regarding restorative justice so that it can realize the concept of restorative justice which conducting deliberation process by listening to and reassuring the aggrieved parties based on the philosophical values of the Indonesian nation that can provide social justice for all Indonesian people.
PENGATURAN TINDAK PIDANA DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP (Tinjauan Fiqh Al- Bi’ah) Muhammad Ridwansyah
Jurnal Hukum dan Peradilan Vol 6, No 2 (2017)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.6.2.2017.173-188

Abstract

The setting of environmental law in Indonesia has started to improve since the Law Number 32 of 2009 on Environmental Protection and Management contains criminal act for every person who violates the provisions. It is stated in Article 98, 99, 100. This research method is a library or literature research which is conducted to gather secondary data in the field of environmental law and fiqh al-bi’ah. This research is normative law research while the nature of this research is descriptive analysis. It aimed to give a systematic illustration on legal norms that was found in law number 32 of 2009 and environmental fiqh accurately and the criminal sanctions review used in both arrangements. In this study there were two questions first, how is the arrangement of criminal act in Law No. 32 of 2009 on Environmental Protection Management. The second is whether the concept of fiqh al bi’ah is in line with Law No. 32 of 2009 on Environmental Protection Management. The result from this study is that the criminal act contained in the Law No. 32 of 2009 on Environmental Protection Management has not been enough to trap the environmental destroyer so that the government is expected to revise the unsuitable articles. Furthermore, the result of this research shows the similarity concept between fiqh al bi’ah and environmental governance in Indonesia. The concept offered by fiqh al bi’ah is a part of maqashidul syari’ah where Islam strongly recommended to maintain the environment. Keywords: environment, Fiqh Al-Bi’ah, Maqashidul Syari’ah
KARAKTERISTIK PERTANGGUNGJAWABAN PIDANA KORPORASI Adriano Adriano
Jurnal Hukum dan Peradilan Vol 5, No 1 (2016)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.5.1.2016.91-112

Abstract

This dissertation analyzed for real about characteristics of an entity, either a legal or the nonlegal "entity'' which all were discussed in the same outline of corporate crime responsibility. It was often, though, in several laws aside from the Penal Code of Indonesia (KUHP), both in Criminal Law and Administrative Law with criminal sanction, that corporate is defined as a collection of organized people and or wealth, either as a legal or the nonlegal entity. The definitions in those laws are really different from those of law experts, especially those of criminal law who basically identify corporate as a legal entity, however the same is not true for those of the nonlegal entity. Such differences of the legal and nonlegal entities would bring their own legal consequences, therefore they could not and would not be treated the same referring to corporate criminal responsibility.Keywords: corporate criminal responsibility, characteristics, legal entity,nonlegal entity
URGENSI PERAN PENGADILAN DALAM MEMBERIKAN PELAYANAN BANTUAN HUKUM TERHADAP ORANG MISKIN SESUAI UNDANG-UNDANG NOMOR 16 TAHUN 2011 TENTANG BANTUAN HUKUM Isnandar Syahputra Nasution
Jurnal Hukum dan Peradilan Vol 4, No 1 (2015)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.4.1.2015.171-188

Abstract

Implementation of Legal Aid Post (Posbakum) by the District Court includes three (3) the scope of legal services in accordance with the provisions contained in the Perma No. 1 Year 2014. Those 3 scopes are services of fee waiver, and the holding of the trial outside the court building and providing Posbakum Court. In connection with the implementation of this Posbakum actually State Court only provides room facilities to Posbakum for three Legal Aid Provider or accredited lawyers organization. As for the legal aid fund handling each case will be filed by the Court through the Lokal Office of Kemenkumham. However, this does not mean that the facilitator function can be ignored, considering this Posbakum takes place in the Court, it is noteworthy that there is a special mandate from the State Officials to the Court in order to succeed the free legal services for the poor. Therefore, it can also be expected that the presence of the Posbakum in the Court can erode the negative and scary stigma on the Court for the general public. Keywords: Court, Legal Aid, the Poor
BENTUK PERLINDUNGAN HUKUM TERHADAP KEKAYAAN MINYAK DAN GAS BUMI SEBAGAI ASET NEGARA MELALUI INSTRUMEN KONTRAK Faizal Kurniawan
Jurnal Hukum dan Peradilan Vol 2, No 3 (2013)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.3.2013.471-492

Abstract

State has the power to manage natural resources for the sake of social justice, the general welfare and are used as much as possible the greatest benefit for the greatest welfare of people. Contract law is the main instrument used to protect the state assets including oil and gas. Production Sharing Contract as a legal safeguard for oil and gas, is a fundamental pillar in the effort and utilization management activities of oil and gas. In the contracts involving the Government, called government contract, there is a unique characteristic which is not entirely subject to private law. In principle, the state should not be harmed, called as state immunity. This principle also applies universally in the interest of protecting the state assets. Keywords: Production Sharing Contract, Government Contract, State Immunity, Protection of State Assets Clause.
PEMIDANAAN TERHADAP PENGEDAR DAN PENGGUNA NARKOBA : Penelitian Asas, Teori, Norma dan Praktik Peradilan Lilik Mulyadi
Jurnal Hukum dan Peradilan Vol 1, No 2 (2012)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.1.2.2012.311-337

Abstract

Formulation types of criminal sanctions (strafsoort) is considered the most appropriate, appropriate and fair for appropriate drugdealers Narcotics Act (Act No. 35of 2009) and Psychotropic Substances Act (Act No. 22 of 1997) andjudicial practicebe assessedfrom the perspective of the principles, theories, norms andjudicial practiceis a system of cumulative-alternative formulation (mixed /combined) between the death penalty, life imprisonment or imprisonment, or a fine, while the length of the formulation of criminals anctions (straafmaat) is considered the most appropriate, appropriateand fair sentenceis a determinate system in the form prescrib edlimit minimum and maximum criminal threats. Punishment for drug user alyzed from the perspective of the principles, theories, norms and practices of its application to the dealers to berelatively severe punishment metedranging from the death penalty, life imprisonment and criminal casesover the past 15-20 years. The nthenature of drug users a sactors (daders) and a victim (victims) in addition to drug crimeshould bedropped also dropped criminal sentencing rehabilitationas stipulated in Article 127 of LawNo. 35 of 2009 for narcoticaddicts. Keywords: Formulation types of criminal sanctions, formulation of criminals anctions (straafmaat)
THE POSITION OF QANUN 6 OF 2014 ON JINAYAT LAW TOWARD ACT 11 OF 2012 ON JUVENILE CRIMINAL JUSTICE SYSTEM RELATED TO CHILD CRIMINAL PUNISHMENT Rifqi Qowiyul Iman
Jurnal Hukum dan Peradilan Vol 10, No 1 (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.10.1.2021.65-87

Abstract

This paper aims to describe the differences and the position of the legal rules for juvenile crimes between Qanun 6 of 2014 and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.  This research is descriptive qualitative research. The results show that Qanun Number 6 of 2014 also regulates criminal sanctions for children, which are normatively regulated in Law Number 11 of 2012. In addition, Qanun, as Aceh Islamic criminal law legalizes canning punishment for children, as well as the double-track system adopted by The Law of Juvenile Criminal Justice System is not explicitly accommodated in Qanun. Qanun at the level of a Regional Regulation is part of the hierarchy of laws and regulations that should be in line with what generally applies at the national level. Law Number 11 of 2006 is being the basis of the authority to make Qanun, as long as there is no court decision invalidates it, Qanun Number 6 of 2014, which is a derivative of Law Number 11 of 2006, can be declared as "lex specialis" of The Juvenile Criminal Justice System law which regulates child crime. However, it does not rule out the possibility that in the future, the judicial review of the article can be conducted.
ACQUISITION AND PRESENTATION OF DIGITAL EVIDENCE IN CRIMINAL TRIAL IN INDONESIA Dewa Gede Giri Santosa; Karell Mawla Ibnu Kamali
Jurnal Hukum dan Peradilan Vol 11, No 2 (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.11.2.2022.195-218

Abstract

Digital evidence is not included in the types of evidence as stipulated in Article 184 paragraph (1) of the Criminal Procedure Code, but is regulated in Law No. 11 of 2008 concerning Electronic Information and Transactions as amended by Law No. 19 of 2016. However, it is often found that the submission of digital evidence is not only for criminal cases related to electronic information and transactions, but also for criminal cases that are not regulated in the Law on Electronic Information and Transactions. Furthermore, distinct characteristics of digital evidence compared to evidence in general require different acquisition and presentation method. Hence the writers intends to examine the method of acquisition and presentation of digital evidence in criminal trial and how judges evaluate digital evidence by examining how it was obtained and presented to the trial. This research is normative legal research, where the data sources include research on legal principles, legal system, and legal comparison. From the research, it was concluded that Indonesia already has laws and regulations governing the expansion of evidence to include digital evidence, Indonesia also has rules regarding the method of acquisition and presentation of digital evidence in the criminal trial. Therefore, judges are required to be able to evaluate the validity of digital evidence by observing the method of acquisition and presentation of digital evidence in the criminal trial based on applicable laws.
INDEPENDENSI HAKIM AD-HOC PADA LINGKUNGAN PERADILAN HUBUNGAN INDUSTRIAL Muhammad Ishar Helmi; Riko Hendra Pilo
Jurnal Hukum dan Peradilan Vol 6, No 2 (2017)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.6.2.2017.233-258

Abstract

PPHI (Industrial Relations Disputes Settlement) Act regulates the principle of settlement of industrial relations disputes by consensus, if there is a dispute between employee/workers and employers, the first stage of dispute settlement shall be submitted to disputing party (bipartite settlement). The provisions of Article 63 paragraph (2) and Article 67 paragraph (1) sub-paragraph f of the Act shall result in the ad-hoc judges of the Industrial Relations Court, in carrying out their duties and responsibilities to examine and decide a case shall be independent and kept away from any intervention of any institution. The ad-hoc judges of the Industrial Relations Court is a judge proposed by a trade union, employers organization, also dismissed respectfully by the trade union and the employers organization. This will undermine the free, impartial and clean judicial system that dreams of because the judges will be ruled by the litigants, as the judge is appointed and dismissed by the party to be tried in the industrial relations court.Keywords: judicial independence, ad-hoc judges, PHI

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