Jurnal Hukum dan Pembangunan
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.
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<![CDATA[MODEL NEGARA KESATUAN REPUBLIK INDONESIA DI ERA REFORMASI ]]>
<![CDATA[Mahmuzar, Mahmuzar]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[Article 1 Paragraph (1) of the 1945 Constitution stated that the state of Indonesia shall be a unitary state, with the form of a Republic and in article 37 paragraph (5) is affirmed that the form of the unitary state of the Republic of Indonesia may not be amended. There are two kinds of unitary state, namely unitary state with centralistic system and unitary state with decentralized system. The unitary state with decentralized system has five variants, namely; (1) unitary state with centralized decentralized system; (2) unitary state with decentralized system that decentralistic; (3), unitary state with proportional decentralized system; (4) unitary state with federalistic decentralized system, and (5) unitary state with confederate decentralized system. Out of the five unitary state models with the decentralized system, Unitary State of the Republic of Indonesia in this reform era is unitary state with federalistic decentralized system when the the enactment of Law No. 22 of 1999 and Law No. 32 of 2004, and unitary state with centralized decentralization system when the implemented of Law No. 23 of 2014 concerning Local Government.]]>
<![CDATA[RGENSI MERATIFIKASI FRAMEWORK CONVENTION ON TOBACCO CONTROL (FCTC) DALAM UPAYA PENGENDALIAN KONSUMSI TEMBAKAU DI INDONESIA ]]>
<![CDATA[Kurniawan, Fajar]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[The current problem of tobacco consumption has become a global issue that covers almost all aspect of life, both economic, social and community welfare aspects, especially for the health aspects because of the impact of the healt losses they cause. Cigarette consumption in Indonesia continues to experience a significant increase. Indonesia is the thrid country with the highest number of smokers in the world. Global tobacco consumption control has been stated in Framework Convention on Tobacco Control (FCTC) since 2003, but until now Indonesia has not ratified that FCTC. As part of the civilization of the international community, it is proper for Indonesia to support effort to protect the public from dangers of tobacco consumption by immediately ratify FCTC into law. This is very important considering that public health protection efforts are part of the enforcement of human rights in health sector.]]>
<![CDATA[PENJATUHAN KEBIRI KIMIA BAGI PELAKU KEJAHATAN SEKSUAL TERHADAP ANAK DALAM PERSPEKTIF FALSAFAH PEMIDANAAN ]]>
<![CDATA[S, Tunggal]]>;
<![CDATA[Naibaho, Nathalina]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[Sexual assault against children is an phenomenon that often occurs in Indonesia. The statistic shows that the number of sexual assault against children doesn't decrease significantly. Punishment is not the only way to control the number of sexual assault against children. Then, the goverment passed new regulation that regulating of chemical castration in hope of reducing the number of sexual crimes against children. However, the presence of chemical castration raises objections and differences of opinion in various circles. This research aims to determine the sentencing purpose of chemical castration and the proper sanction for imposing chemical castration in Indonesia. This research is a normative study using documentary studies in the form of secondary data with interviews as a complement. The research was found that the purpose of punishment from chemical castration was for rehabilitation, with notes that the chemical castration treatment is dropped for the sexual offender against children with pedophilia.]]>
<![CDATA[INNOCENT UNTIL PRESENTED ]]>
<![CDATA[Pangaribuan, Aristo]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[This paper analyzes a practice of presenting suspects, which is a ritual that displays a suspect before the media. Until now, although it is frequently used by the police, there has been no attempt to examine such practices in Indonesia. In the criminal procedure scholarship, there is no standard term to describe it. This article will refer to such ritual as a presentation of suspects. This ritual has also been practiced around the world with different methods and has a long history, especially in the United States. This article discusses the presentation of suspects and question whether such a ritual is a violation of the fundamental rights of being presumed innocent until found guilty. Two issues will be examined to answer this question: The purported objectives for the practice and the accused’s right to be presumed innocent. The term innocence here is a presumptively innocent and not factually innocent. With that in mind, to some degree, this article realizes it would be permissible to deprive their liberty if it has a higher purpose.]]>
<![CDATA[INSTRUMENTATION OF EX-OFFICIO RIGHTS OF RELIGIOUS COURTS JUDGE RELATED TO FULFILLING CHILDREN AND WIFE'S RIGHTS DUE TO DIVORCE ]]>
<![CDATA[Rohman, Adi Nur, Uni]]>;
<![CDATA[Sugeng, Sugeng]]>;
<![CDATA[Widyaningrum, Hesti]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[Most of divorce cases in Indonesia have a negative impact on divorced children and wives. This is due to the lack of public legal knowledge especially wives who are entangled in divorce cases so that their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights which, because of his position, he has special authority in deciding the divorce case. This research is a combination of normative and empirical juridical research by connecting the case approach and the legislative approach. The research was conducted at the Bekasi Religious Court using the interview, observation and literature study methods. This study aims to analyze the conception of the rights of ex- officio judges, the basis for their consideration and the mechanism of their instruments in issuing decisions on divorce cases and their relevance to Islamic law.]]>
<![CDATA[PENDANAAN PIHAK KETIGA (THIRD PARTY FUNDING) DALAM PENYELESAIAN SENGKETA MELALUI ARBITRASE DAN KEMUNGKINAN PENERAPANNYA DI INDONESIA ]]>
<![CDATA[Temenggung, Carissa T.A.]]>;
<![CDATA[Dewi, Yetty Komalasari]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[The Third Party Funding (TPF) concept is an alternative method of funding usually applies in the dispute resolution process. Recently, the TPF concept has often been used in the process of resolving international arbitration disputes, both commercial and investment. This paper analyses the TPF concept and practices in several states, and its possible application in Indonesia. In particular, this paper discusses efforts made to regulate the TPF both in national law of several jurisdictions and in the international level, key issues within TPF in relation to the arbitration dispute resolution, and the TPF key provisions to be considered should Indonesia decides to apply such concept within its jurisdiction.]]>
<![CDATA[COVID-19, PEMENJARAAN BERLEBIHAN, DAN POTENSI KATASTROFE KEMANUSIAAN ]]>
<![CDATA[Sulhin, Iqrak]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[On March 2, 2020 Indonesia recorded the Covid-19 case for the first time. Since then the trend in the number of infections has continued to increase. Likewise, the number of deaths. To anticipate the spread within the Penitentiary (Lapas), the Ministry of Law and Human Rights is releasing prisoners, through accelerating assimilation and parole. Similar policies have also been carried out by other countries in the world and are recommended by international institutions, such as the World Health Organization and the United Nations Office on Drugs and Crimes. However, the main problem behind this policy is the overcrowding condition in Lapas. The number of prisoners and detainees is always increasing, while the capacity of prisons remains. This increase is inseparable from the tendency to criminalize and imprison perpetrators of crimes. Overcrowding is the beginning of various problems in imprisonment institutions. In this paper the focus is given to the poor health problems in imprisonment. As a closed institution, prisons are places that are vulnerable to the spread of infectious diseases. The Covid-19 pandemic only further proves the potential of prisons to be a humanitarian catastrophe.]]>
<![CDATA[MODEL PENGATURAN KEDARURATAN DAN PILIHAN KEDARURATAN INDONESIA DALAM MENGHADAPI PANDEMI COVID-19 ]]>
<![CDATA[Arsil, Fitra]]>;
<![CDATA[Ayuni, Qurrata]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[Indonesia own various of legal models uses to deal with emergencies. Two emergency arrangements in the 1945 Constitution are represented by the phrase "state of danger" in Article 12 of the 1945 Constitution and the phrase " coercive importance " in Article 22 of the 1945 Constitution. Both have different characters and implications for both the power generated and the oversight mechanism. In addition, there are also emergency legal instruments based on laws, which are represented among others by the Disaster Mitigation Act and the Health Quarantine Act. Interestingly, an emergency based on this law is not directly related to an emergency based on the Constitution which has implications for the legal system and character of the resulting emergency power. Dealing with the Covid-19 pandemic The Indonesian government was confronted with these choices to form an emergency policy. The choice of emergency legal scheme chosen by Indonesia is more for activating emergency based on the law in dealing with Covid 19.]]>
<![CDATA[SUBSIDI ANGKUTAN UDARA KARGO DALAM KERANGKA PROGRAM JEMBATAN UDARA SEBAGAI KEWAJIBAN PELAYANAN PUBLIK DI INDONESIA ]]>
<![CDATA[Afif, Muhammad Ikram]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[The state is obliged to subsidize cargo air transport to Air Transport Business Entities in the form of State-Owned Enterprises (SOEs) and non-SOEs. This provision is carried out by the application of public service obligation through the Air Bridge program carried out by the government through assignments to SOEs and/or private Air Transport Business Entities through the selection of other service providers in accordance with statutory provisions. This study attempts to analyze the problems related to the implementation of subsidized cargo air transport as a public service obligation based on the legal framework of public services in Indonesia; comparison of the implementation of cargo air transport subsidy in Indonesia with the implementation of public service obligation in the European Union, Malaysia and Australia; and the connection between the application of cargo air transport subsidy to non-SOEs Air Transport Business Entities with the framework of public service obligations in Indonesia.]]>
<![CDATA[IJTIHAD BERBASIS MAQASHID SYARI’AH SEBAGAI PIJAKAN KONSEPTUAL DALAM PEMBARUAN HUKUM KELUARGA ISLAM INDONESIA ]]>
<![CDATA[Tohari, Ilham]]>;
<![CDATA[Kholish, Moh. Anas]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 50, No. 2 ]]>
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<![CDATA[Many circles consider that Islamic family law in Indonesia must be renewed. But Islamic family law renewal is not an easy matter. The rejection of various parties to the Counter Legal Draft-Compilation of Islamic Law (CLD-KHI), as an effort to renew Islamic family law, become evidence of the difficulty of the renewal. Rejection of the CLD-KHI on the other hand also shows that Islamic family law reform must be carried out with approaches and methodologies derived from the tradition of Islamic thought itself. In this context, ijtihad based on maqashid syari'ah acts as a conceptual basis for the methodology of Islamic family law reform. This article aims to examine how the formulation and methodological contribution of maqashid syari'ah-based ijtihad in the development of Islamic family law. This study is normative juridical with a statute approach and analytical approach. The analysis is carried out with a qualitative descriptive method to describe the methodological contributions of ijtihad based on maqashid shari'ah in the formulation and development of Islamic family law.]]>
