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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 15 Documents
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Search results for , issue "Vol. 52, No. 2" : 15 Documents clear
TINJAUAN ATAS SANKSI DAN IMBALAN BUNGA PERPAJAKAN DALAM UNDANG-UNDANG HARMONISASI PERATURAN PERPAJAKAN Khozen, Ismail; Setyowati, Milla Sepliana
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Abstract

The implementation of interest sanctions and compensation in taxation has undergone changes following the enactment of the Omnibus Law Job Creation in early October 2020. Although the regulation was later deemed unconstitutional, a similar framework has been incorporated into Law No. 7 of 2021 on Tax Harmonization Law (UU HPP). The lack of scholarly research exploring their conceptualization and implementation has motivated us to conduct this study. Our research emphasizes the importance of adhering to principles when designing a regime for imposing sanctions. Comparing two options, utilizing a fixed rate or a floating rate for calculating taxpayer sanctions and interest compensation, the latter option is considered more philosophically equitable. The Indonesian government’s responsibility, after transitioning to the second option, is to ensure the implementation of fairness principles to foster voluntary tax compliance in the long run.
OPTIMALISASI KEWENANGAN MAJELIS PERMUSYAWARATAN RAKYAT (MPR) DALAM SISTEM KETATANEGARAAN INDONESIA Anggraini, Raden Roro Evitasari Yurika; Wasti, Ryan Muthiara
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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In the Indonesian constitutional system, it is very influential on changes to the amendments UUD 1945 which in these changes to state institutions of course experience differences in authority from before the amendment and after the amendment. Regarding these changes, MPR may experience many changes in it regarding the position and authority in the Indonesian state administration. The MPR is no longer the highest state institution as before the amendment, which is now in parallel with other institutions. So in the Indonesian state administration, there are no higher state institutions between one another. With this change, the MPR's authority has been reduced, which of course has various impacts on the Indonesian state administration system. The MPR's equal position with others is also a form of checks and balances between other institutions.
MENGGAGAS ARAH KEBIJAKAN KETENAGAKERJAAN YANG BERKEADILAN DEMI MEWUJUDKAN KESEJAHTERAAN PEKERJA/BURUH Fitriana, Fitriana
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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One of the unsolved economic problems to date is related to the employment aspects. However, Government’s policies to address the problems have not provide a sense of justice for the community. It can be seen from the various actions against Law Number 11 of 2020 on Job Creation. From the drafting until the issuance, the public still rejected the substance of employment provisions because it was considered unfair to workers/laborers. Government policies are needed to protect workers/laborers whose socioeconomic status is weaker than that of employers. This study aims to elaborate issues of injustice that arise as a result of employment regulations under Law Number 11 of 2020 on Job Creation, so that it could be known how the political will of Government should be directed. The result indicates that the political will of Government should prioritize the interest of workers/laborers by fulfilling their human rights, i.e. right to choose employment, to work, and to receive fair and proper remuneration and treatment in employment. With the guarantee of human rights, it would provide a sense of justice in accordance with the values of Pancasila (Indonesia’s five moral principles) and the 1945 Constitution, as well as increase the welfare of workers/laborers as Indonesian citizens.
KEKUATAN PEMBUKTIAN ALAT BUKTI ELEKTRONIK DALAM HUKUM ACARA PERDATA Soroinda, Disriani Latifah; Nasution, Anandri Annisa Rininta Soroinda
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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The development of digital technology and information technology is happening very rapidly, computer systems are getting more sophisticated and internet access is getting easier making technology a part of people's daily lives, the existence of documents and or electronic information has now become a common thing. How does the Indonesian Civil Procedure Law regulates documents and or electronic information as an evidence and how does the law regulates the recognition, the validity and the strength of that evidence in the trials in order to create legal certainty for the people seeking justice.
PERDEBATAN TEORITIS TERHADAP PERLUASAN RUANG LINGKUP KEUANGAN NEGARA DI INDONESIA Sorik, Sutan; Dwiatmoko, Anang
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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The focus of this research is the expansion of the scope of state finance which currently still presents cross-thinking. The existence of a coherent understanding regarding the application of the financial legal status of a legal entity, whether it is related to state finances, regional finances, state-owned enterprises (BUMN) finances, regional-owned enterprises (BUMD) finances, or private finances is the background why this happens. In the development of the expansion of the scope of state finances, it became even stronger when the Constitutional Court also issued several decisions in response to requests for judicial review, starting from the Decision of the Constitutional Court Number 77/PUU-IX/2011, Decision of the Constitutional Court Number 48/PUU-IX/2013, and Constitutional Court Decision Number 62/PUU-IX/2013. The elasticity of state finances with the concept through a narrow area and also a broad spectrum for the status of state finances will depend on how the parties interpret and use the meaning of state finances themselves. The opening of a broad interpretation of state finances is not only a matter of audit authority but also a problem that is increasingly widespread. The type of research used is normative juridical research. The research method is qualitative. The results of the study found that there was no unified opinion regarding state finances, whether based on theory, laws and regulations, or the decision of the Constitutional Court.
TINJAUAN TERHADAP TINDAK PIDANA PELAKU KEKERASAN SEKSUAL YANG DILAKUKAN OLEH ANAK: STUDI DI PENGADILAN TINDAK PIDANA KEKERASAN SEKSUAL PADA PENGADILAN NEGERI TANJUNG KARANG Prasetyawati, S. Endang; Rusli, Tami; Anindya D.S., Yolanda
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Children are frequently the victims of sexual violence crime, but they can also commit sexual violence. The absence of parental monitoring led to this occurrence. The purpose of this study was to determine the research process on criminal acts of sexual violence committed by children and the judge’s considerations in cases of criminal acts of sexual violence committed by children. This study adopted a normative juridical approach as its methodology. Legal normative data sources, gathering information through outdoor investigation and library study. Data analysis employed legal qualitative. Accroding to the findings of the study and discussion, judges should take into account that children who commit crimes including sexual assault would receive a sentence that is only half that of an adult. The judge’s judgment tas taken in line with the law, and it was supported by three reliable pieces of evidence: witness accounts, documentary evidence from the Visum Et Repertum result, the defendant’s statement, and proof that the defendant used to commit sexual assault. Suggestion, the requirement for a more through investigation of children’s law in order to ensure the administration of the legal process in matters involving children. The PPPA service and the Criminal Investigation Unit PPA Unit Polresta Bandar Lampung are move involved in socializing, paying attention to, and educating families and communities about sexual abuse.
TEORI KESETARAAN SUMBER DAYA DWORKIN DALAM KERANGKA KEADILAN DISTRIBUTIF DAN IMPLIKASINYA TERHADAP KONSTITUSI NEGARA KESEJAHTERAAN Bello, Petrus CKL
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Abstract

According to Dworkin, the equality that must be pursued by a government is equality of resources, not equality of welfare, as emphasized by utilitarianism in its various versions. According to him, the concept of resource equality is superior in interpreting abstract ideas about human equality. First, the concept of resource equity avoids ambiguity in understanding distributive justice and, second, avoids divisions that contradict our intuition about justice, two problems that plague the formulation of welfare equality. Equality of resources is proposed by Dworkin in the framework of distributive justice. According to Dworkin, it is in this equality of resources between the principles of equality and personal responsibility that often conflict can be reconciled, of course, by finding other concepts that satisfactorily fulfill both, for example the concept of insurance. Distributive justice presupposes that there is a theory of freedom, although in this theory of resource equity the dangers of freedom and equality will conflict but the theory of freedom will eliminate that danger. The problem is that the political economy policies of a country are not only dictated by the Constitution but also by the free market system, in which the people buy and sell their products and work. Of course the results are not the same for all. Then how does the Constitution of the Indonesian Welfare State guarantee equality? Because the people cannot be responsible (cannot fully vote) and determine their place in the economy, nor are they responsible for their talents, good and bad luck in life. Meanwhile, if the government takes the extreme position of wanting to distribute welfare equally regardless of the people's choice for their work, then the government here is tantamount to failing to respect the responsibility of the people to make something in their lives.
EKOSIDA: STUDI ATAS PENDEKATAN LOSS OF ECOLOGICAL SERVICE DAN ENVIRONMENTAL CRIME SERTA PROSPEK PENGATURAN DI INDONESIA Triantono, Triantono; Purwanti, Ani; Rochaety, Nur
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Abstract

Ecosides have become an international discourse since the 1970s, as a result of concerns about human behavior towards the environment. In the last 10 years ecocide has appeared so clearly as part of a structured, systematic and massive exploitative action. The development of environmental crimes in the form of ecocides has not been followed by concrete efforts in the form of an international consensus to define ecocides as the most serious crime that can threaten environmental destruction. In the midst of this situation, there are 2 (two) interesting approaches to be developed further within the framework of explaining, analyzing and understanding ecocides, namely the loss of ecological service and environmental crime approaches. Therefore this study will focus on 2 (two) issues, : What is the history, concept and significance of ecocides in the framework of environmental protection and human rights; and what about ecocide analysis in the loss of ecological service and environmental crime approaches in the dimensions of international criminal law and reform of Indonesian criminal law? The results of the study show that formulating ecocides as a normative construct is very important in order to provide further steps in protecting both the environment and humans. The duality of approaches in understanding ecocide has the opportunity to be developed in the context of an integrative approach, thereby guaranteeing certainty of response to ecocide internationally, including in developing effective criminal policies in Indonesia.
PEMBAGIAN HASIL MIGAS MELALUI COST RECOVERY DAN GROSS SPLIT BAGI SEBESAR-BESARNYA KEMAKMURAN RAKYAT MENURUT UUD NRI TAHUN 1945 Farhani, Athari; Azizah, Faiqah Nur; Usadhani, Panggalih; Kurniawan, Faridh
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Indonesia is a country with abundant natural resources. In oil and gas, two models of product sharing contract are known, namely through cost recovery and gross split. Through Permen of ESDM Number 12 of 2020 concerning the Third Amendment to Regulation of the Minister of Energy and Mineral Resources Number 8 of 2017 concerning Gross Split Production Sharing Contracts, which through this regulation the government makes it easy for contractor entrepreneurs to choose the Gross Split and Cost Recovery model schemes. Meanwhile, the 1945 Constitution of the Republic of Indonesia has outlined that natural resources are controlled by the state and used to the greatest extent for the prosperity and welfare of the Indonesian people.
IMPLEMENTASI AKOMODASI YANG LAYAK BAGI PENYANDANG DISABILITAS DALAM PROSES PENYIDIKAN DI KEPOLISIAN KABUPATEN SLEMAN Devi, Rosa Pijar Cahya; Prasetio, Ignatius Loyola Iswaradatta
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Indonesia is a country that upholds human rights. The manifestation of Indonesia's commitment to supporting human rights is to provide equal opportunities for every citizen to access justice. To provide fair treatment so that every citizen can access justice, Indonesia provides affirmative discrimination to vulnerable groups through laws and regulations. One of affirmative discrimination is provided to groups with disabilities. Through Government Regulation No. 39 of 2020 on Procedural Accommodation for Persons with Disabilities in the Judicial Process, Indonesia regulates what rights must be given to persons with disabilities to be able to participate in any judicial process based on equal rights, including the investigation process. This research aims to determine whether the regulation of the rights of persons with disabilities in the judicial process is already well implemented in the police investigation process. The normative-empirical juridical research method was used by reviewing library data and conducting direct interviews with the parties involved in the field. As a result, the implementation of procedural accommodation for persons with disabilities in the investigation process is still minimal and needs to be improved. The Indonesian government needs to budget more funds to provide procedural accommodation for persons with disabilities so that they can participate in the investigation process properly and effectively

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