cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rizky Banyualam Permana
Contact Email
jhp@ui.ac.id
Phone
-
Journal Mail Official
jhp@ui.ac.id
Editorial Address
Kampus Fakultas Hukum Universitas Indonesia Gedung D, Lantai 4 Fakultas Hukum Universitas Indonesia Depok 16124
Location
Kota depok,
Jawa barat
INDONESIA
Jurnal Hukum dan Pembangunan
Published by Universitas Indonesia
ISSN : 01259687     EISSN : 25031465     DOI : https://doi.org/10.21143
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, among others: Basic principle of jurisprudence Private law Criminal law Procedural law Economic and business law Constiutional law Administrative law International law Law and society In addition to these fields, JHP also accepts texts covering topics between law and other scientific fields such as legal sociology, legal anthropology, law and economics, and others. Published 4 (four) times a year in March, June, September and December. Each issue contains 15 articles, both conceptual articles and research articles. JHP is published in Indonesian, but an English text is also accepted.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 521 Documents
 1   2   3   4   5 
TELAAH YURIDIS TERHADAP SURAT EDARAN KEMENTRIAN AGRARIA DAN TATA RUANG NO. 2/SE-HT.02.01/VI/2019 Adhim, Nur; Mahmudah, Siti; Benuf, Kornelius
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The Agraria Basic Law (UUPA) regulates that legal subjects for land rights, including land with HGB status (Right to Build), are Indonesian citizens and legal entities established under Indonesian law and domiciled in Indonesia. A different thing happened when a Circular from the Ministry of Agraria and Spatial Planning (ATR) was issued, stating that the Partnership Alliance (CV) could apply for land rights in the form of HGB. The difference in the substance of these rules will be analyzed using normative juridical writing methods, using secondary data. This paper will explain the legal status of CV in Indonesia, Arrangement of HGB acquisition in Indonesia so that later it will get a conclusion to answer the question of whether CV can have HGB in Indonesia.
MENILIK REZIM PENGELOLAAN TAMBANG FREEPORT DALAM MEWUJUDKAN KESEJAHTERAAN RAKYAT: PERPANJANGAN KONTRAK KARYA ATAU PERALIHAN KE REZIM PERIZINAN? Yurista, Ananda Prima; Widyaningtyas, Rizky Septiana; Hasani, Alda Awwalil
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The management of mineral and coal mining by Freeport has been carried out since 1967 based on a work agreement/contract of work, which is regulated in Law No. 11 of 1967 concerning Basic Mining Provisions. Since the enactment of Law no. 4 of 2009 concerning Coal Minerals under the authority in the management of minerals and coal changed from a work agreement/contract of work to a mining business permit. This article will try to respond to opportunities for contract extension or termination of work contacts and see which regimes will provide greater opportunities for the benefit of the state (in the sense of greater chance of realizing people's welfare). The provisional hypothesis of this article is that the licensing regime is more appropriate to be the basis for implementing the management of mineral and coal mining.
PROSTITUSI ONLINE: PENJUALAN SUAMI OLEH ISTRI (Perubahan Relasi Gender dan Seksualitas di Era Digital) Susanti, Vinita
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article discusses online prostitution in the digital age, by showing changes in gender relations between victims and perpetrators, which are analyzed with the view of radical feminists and Bourdieu's theory, symbolic violence. Women in gender ideology are placed as victims, so in this article there is social deconstruction, where women occupy positions as perpetrators. This change was demonstrated through an online prostitution case: the selling of a husband by a wife. The discussion begins with the case of online prostitution, women in reality studies: victims of online prostitution, the study of radical feminist thought and symbolic violence from Bourdieu's theory in the context of online prostitution and changes in gender relations in the context of online prostitution. The purpose of writing this article is to make academic contributions in the development of sociological studies, specifically in gender sociology.
KLAIM ASURANSI PESAWAT UDARA SEWA GUNA USAHA (OPERATING LEASE) SEBAGAI OBJEK JAMINAN FIDUSIA Sukarmi, Sukarmi; Sudirman, M.; Egawati, Dwi
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Airlines in the process of procurement of an Aircraft, one of which is through Operating Lease with the Leasing Company. The Leasing Company (Lessor) in purchasing an Aircraft with funding mechanism from the Bank shall encumber the Aircraft with a mortgage as its securities. In the Aircraft Lease Agreement, Insurance Claim over the Aircraft shall also be encumbered with fiduciary by Airlines. Nevertheless, under Article 10 paragraph b Law of The Republic of Indonesia Number 42 of 1999 on Fiduciary (hereinafter referred to as UUJF) states that unless otherwise agreed, Fiduciary includes the Insurance Claims in the event that the Aircraft which is the object of Fiduciary has insured.
TANGGUNG JAWAB JABATAN DAN TANGGUNG JAWAB PRIBADI DALAM PENGGUNAAN DISKRESI Asyikin, Nehru; Setiawan, Adam
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Discretion is part of the authority to act freely by government officials to ensure the implementation of public services. However, the discretionary rules inherent in the office when it must be immediately to act without written law creates a conflict about the government must be based on the law. On the other hand the need for discretion becomes a polemic regarding job responsibilities and personal responsibility in the use of discretion, which parameters of use sometimes cause harm to society. The results of the study show that the implications of using discretion in the actions of officials that are used in the interest of public services turn out to cause losses to the state and society. The use of discretion is even used as a tool for personal gain and raises abuse of authority which results in violating the laws and regulations, contrary to the principles of law, illegal acts and AAUPB.
PERATURAN PRESIDEN NO. 125/ 2016 SEBAGAI KATALIS PERUBAHAN DALAM KEBIJAKAN PENYELAMATAN KAPAL PENGUNGSI ROHINGYA Kneebone, Susan
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This paper incorporates discussion and papers presented at a Workshop on ‘Presidential Regulation No. 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia: Opportunities and Challenges’, held at the Fakultas Hukum (Faculty of Law), Universitas Indonesia, in March 2018. The argument in this piece, namely that the Peraturan Presiden (Presidential Decree) No. 125/ 2016 is unlikely to be effective, has been borne out by the action of fishermen from Aceh who in 2020 landed 99 Rohingya refugees after the government of Indonesia refused to assist them. The PerPres of 125/16 does not contain a clear and unambiguous requirement to rescue and disembark asylum seekers found at sea; it merely empowers BASNARAS to do so. There is a gap between that power and the mandate of the UNHCR to process refugees in Indonesian territory, as there is no expressed obligation to disembark asylum seekers for the purpose of refugee status determination
KENDALA DAN CARA HAKIM PERADILAN TATA USAHA NEGARA PASCA UU ADMINISTRASI PEMERINTAHAN: SUATU PENDEKATAN ATAS PENANGANAN PERKARA FIKTIF POSITIF Wairocana, I Gusti Ngurah; Layang, I Wayan Bela Siki; Sudiarta, I Ketut; Martana, Putu Ade Hariestha; Sudiarawan, Kadek Agus; Hermanto, Bagus
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

After the enactment of the Law of Government Administration, had implied to shifting paradigm concerning the regime of Administrative Decision from negative fictive became positive fictive. However, the regulation into Law of Government Administration contains several obstacles on pratical scope towards Administrative Court Judges. Meanwhile enactment of Supreme Court regulation however Adiministrative Court Judges searching the suitable method after implication of positive fictive regime in the Administrative Procedural Law System. This study aims to analyze and discuss concerning obstacles and method by the Administrative Court Judges solving the practical obstacles after enactment of the Law of Government Administration. This study results is presented in a descriptive analysis paper.
STATUS HAK TANGGUNGAN PADA PEMBIAYAAN KEPEMILIKAN RUMAH DI AKAD MUSYARAKAH MUTANAQISAH (MMQ) Laksono, Febrian Dwi; Luth, Thohir; Hamidah, Siti
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The prevailing legal stipulations on the contract of the Musyarakah Mutanaqisah (MMQ) financing are occurred legal uncertainty, which is caused by obscurity of the encumbrance regulations for land relating to financing with the MMQ contract. One of arising legal issue in the MMQ financing mechanism is a blurring of the norms contained in Law Number 4 of 1996 concerning Encumbrance Right over Land And Land-Related Objects (UUHT). The obscurity is caused by unclear stipulating sharia financing or specifically financing with the MMQ contract in UUHT. One of the provisions that reflecting this lack of clarity is to examine the description of the definition of Encumbrance Right. The UUHT definition only explains that the Encumbrance Right is security right which is imposed on a land title to pay off a debt and making the position preferred for Encumbrance. The results showed that the concept of the debt and credit relationship in article 3 of the UUHT was not only limited to the legal relationship between the lending and borrowing as in the concept of the loan-lending agreement in article 1754 of the Civil Code (Civil Code) but also other agreements that have obligatory nature.
KONSEP KEPEMILIKAN TANAH ULAYAT MASYARAKAT ADAT MINANGKABAU Citrawan, Fitrah Akbar
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land is a very important factor in the life of the people of Indonesia, especially in the environment of the West Sumatra customary law community, where most of its population depend their lives and livelihoods from the land. In West Sumatra, in reality there are still acknowledged lands in the customary law community whose management, use and use are based on the provisions of local customary law and are recognized by the residents of the customary law community as their communal land. Ulayat Land Minangkanbau in the concept of ownership includes in the narrow sense that it is in the form of assets classified as high heirlooms that have force in and out both can be used by members of the community or outside the community by giving “adat diisi limbago dituang” with the main principle of customary land not can be sold and pawned except with the agreement of all members of indigenous peoples in certain circumstances such as “Mait terbujur di tengah rumah”, “Rumah gadang ketirisan”, “Gadih gadang indak balaki”, or “Membangkik batang terandam”.
PENERAPAN ASAS PROPORSIONALITAS DALAM PEMANFAATAN ASET NEGARA MELALUI MODEL BUILD OPERATE AND TRANSFER/BOT Kamilah, Anita
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

National development in infrastructure by utilizing state-owned assets is a priority of President Joko Widodo's administration in an effort to equalize people's welfare through ease of connectivity in all regions of Indonesia. The amount of Indonesia's foreign debt which reached Rp. 5,425 trillion as well as limited government funding in both the APBN and APBD, strived through collaboration with the private sector using the Build Operate and Transfer (BOT) model. For the government, infrastructure development through BOT provides benefits to be able to utilize state assets without having to spend funding, increase state revenue, and at the end of the BOT period can have adequate infrastructure and facilities and infrastructure. Likewise, the private sector can increase its business by entering into business fields that were previously monopolized by the government. In order to realize the implementation of the rights and obligations of the parties that are reciprocal and provide benefits to both parties, the implementation of the contract must be based on the principle of proportionality.

Page 1 of 53 | Total Record : 521

 1   2   3   4   5 

Filter by Year

1971 2025


Reset
Filter By Issues
All Issue Vol. 50, No. 2 Vol. 49, No. 1 Vol. 5, No. 3 Vol. 52, No. 4 Vol. 52, No. 2 Vol. 51, No. 3 Vol. 45, No. 3 Vol. 45, No. 1 Vol. 7, No. 6 Vol. 7, No. 5 Vol. 7, No. 4 Vol. 7, No. 3 Vol. 7, No. 2 Vol. 7, No. 1 Vol. 6, No. 6 Vol. 6, No. 4 Vol. 6, No. 3 Vol. 6, No. 2 Vol. 6, No. 1 Vol. 5, No. 2 Vol. 5, No. 1 Vol. 1, No. 3 Vol. 1, No. 2 Vol. 1, No. 1 More Issue