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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
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PERWUJUDAN KEADILAN MENURUT PERSPEKTIF FILSAFAT HUKUM DALAM ASPEK PERLINDUNGAN KORBAN KEJAHATAN DI KERANGKA HUKUM INDONESIA Saria, Matthew
Jurnal Hukum & Pembangunan
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Abstract

Human relations have impacts, in terms of crimes that can cause victims to be disadvantaged parties. In practice, bias against the victim is exist if compared with the arrangement concerning the rights of doers whereas the existence of victims are protected by the state law for the sake of justice. The sense of justice must be upheld in a legal framework that is to uphold justice in the reality of society, regulation is only as law if it’s felt fair. Which means that in protecting victims, it is not enough just to punish the perpetrator, the victim aspect must also be seen as an important measure. The application of the principle of justice in the aspect of protecting crime victims is a state responsibility to be upheld, and the fulfillment of the perspective of legal justice within the framework of Indonesian law is important to guarantee the truth and fulfill a sense of justice in society.
MEMPERTANYAKAN PANCASILA SEBAGAI GRUNDNORM: SUATU REFLEKSI KRITIS DALAM PERSPEKTIF FONDASIONALISME Manullang, E. Fernando M.
Jurnal Hukum & Pembangunan
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Legal scholars in Indonesia discuss whether Pancasila is grundnorm or not. Grundnorm according to Hans Kelsen is the basis for validity of legal norms. Kelsen is therefore considered a foundational scholar according to Luc J. Wintgens. Meanwhile, in the view of foundationalism, certain foundation can be accepted if such foundation becomes belief. Thus, saying that Pancasila is basic norm or not, in the view of foundationalism shall answer whether Pancasila is a belief or not. Instead of continuing the debates whether Pancasila is a grundnorm or not, this article instead takes the pre-debates stands, namely reflecting critically the question Pancasila is a grundnorm or not, as unreasonable based on a foundationalism philosophy. For Kelsen, grundnorm is merely source of validity. Kelsen rejected grundnorm containing belief, which psychological in nature, an alien element to the law. While Pancasila is philosophical value, a belief which cannot be reduced only to the validity.
MODEL NEGARA KESATUAN REPUBLIK INDONESIA DI ERA REFORMASI Mahmuzar, Mahmuzar
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

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.
RGENSI MERATIFIKASI FRAMEWORK CONVENTION ON TOBACCO CONTROL (FCTC) DALAM UPAYA PENGENDALIAN KONSUMSI TEMBAKAU DI INDONESIA Kurniawan, Fajar
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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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.
PENJATUHAN KEBIRI KIMIA BAGI PELAKU KEJAHATAN SEKSUAL TERHADAP ANAK DALAM PERSPEKTIF FALSAFAH PEMIDANAAN S, Tunggal; Naibaho, Nathalina
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

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.
INNOCENT UNTIL PRESENTED Pangaribuan, Aristo
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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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.
INSTRUMENTATION OF EX-OFFICIO RIGHTS OF RELIGIOUS COURTS JUDGE RELATED TO FULFILLING CHILDREN AND WIFE'S RIGHTS DUE TO DIVORCE Rohman, Adi Nur, Uni; Sugeng, Sugeng; Widyaningrum, Hesti
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

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.
PENDANAAN PIHAK KETIGA (THIRD PARTY FUNDING) DALAM PENYELESAIAN SENGKETA MELALUI ARBITRASE DAN KEMUNGKINAN PENERAPANNYA DI INDONESIA Temenggung, Carissa T.A.; Dewi, Yetty Komalasari
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

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.
COVID-19, PEMENJARAAN BERLEBIHAN, DAN POTENSI KATASTROFE KEMANUSIAAN Sulhin, Iqrak
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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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.
MODEL PENGATURAN KEDARURATAN DAN PILIHAN KEDARURATAN INDONESIA DALAM MENGHADAPI PANDEMI COVID-19 Arsil, Fitra; Ayuni, Qurrata
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

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.

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