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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 521 Documents
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SUBSIDI ANGKUTAN UDARA KARGO DALAM KERANGKA PROGRAM JEMBATAN UDARA SEBAGAI KEWAJIBAN PELAYANAN PUBLIK DI INDONESIA Afif, Muhammad Ikram
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

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.
IJTIHAD BERBASIS MAQASHID SYARI’AH SEBAGAI PIJAKAN KONSEPTUAL DALAM PEMBARUAN HUKUM KELUARGA ISLAM INDONESIA Tohari, Ilham; Kholish, Moh. Anas
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

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.
SEBUAH KERANGKA TEORETIS HUBUNGAN INSTITUSIONAL BERBASIS KONSTITUSIONALISME Kurnia, Titon Slamet
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

This article discusses legal issue pertaining to institutional relationship between the Constitutional Court and the Supreme Court in case of constitutional interpretation, particularly the bindingness of the Constitutional Court’s opinion over the Supreme Court. Responding the issue, this article conveys departmentalist view, and rejects judicial supremacist view within the Constitutional Court in prescribing the constitutional interpretation authority. In line with departmentalism, this article argues that the Supreme Court should be given authority in constitutional interpretation, concurrent with the Constitutional Court. It is further argued that constitutional interpretation should be viewed as constitutional discourse in which the Supreme Court should be allowed to participate within its ratione materiae jurisdiction.
TINJAUAN YURIDIS PROMPT RELEASE PROCEDURE DALAM MENANGANI TINDAK PIDANA PERIKANAN DI ZONA EKONOMI EKSKLUSIF INDONESIA Haridus, Haridus; Sudardi, Sudardi; Buntoro, Kresno
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

Article 292 UNCLOS is a novel provision, both in the law of the sea and in general international law, as no such provision existed before the Convention was adopted. The purpose of procedure is to reconcile the interests of the detaining State in its measures against the flag State. Generally, the flag State wishes its vessel and its crew released promptly while the interest of the detaining State to secure the court appearance of the Master and the payment of penalties. Under Indonesian law, the procedure regarding prompt release is regulated in the provisions of Article 104 of Law Number 45 of 2009. The earlier study stated Article 292 UNCLOS empowers ITLOS to order the release of vessels, which have been detained by a coastal State for violations committed by the vessels in the its EEZ which have not been set free upon the posting of a reasonable bond. This article highlights how international and national law that regulate and implement these procedures.
FENOMENA HUKUM PENGAJUAN KEPAILITAN TERHADAP PENGUSAHA OLEH PEKERJA KARENA HAK PEKERJA YANG TIDAK DIBAYAR PENGUSAHA Shubhan, M. Hadi
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

This study examined industrial relations in Indonesia regarding workers’ tendency to use bankruptcy legal instruments by filing bankruptcy against the related company over their unpaid rights (wages and severance). In the normal course of completion, workers will take legal action through industrial relations dispute settlement, which is characterized by pure civil law in defending their unpaid rights. However, legal remedies through industrial relations dispute settlements are often ineffective due to various causes and backgrounds. This study found that there was an alternative use of legal remedies by workers in fighting for their unpaid rights by filing bankruptcy against the related company, which was more effective than taking legal measures to resolve industrial relations disputes. The legal remedies in the form of bankruptcy used by workers to achieve their unpaid rights are possible in bankruptcy law and labor law in Indonesia.
THE IMPLEMENTATION OF MODEST AND SIMPLE PRINCIPLE TO MAHR AS A CONTRIBUTION TO THE INDONESIAN MARRIAGE LAW Kasim, Nur Mohamad
Jurnal Hukum & Pembangunan Vol. 50, No. 2
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Abstract

Mahr was one of the groom's provisions to the bride and regulated by the Islamic sharia. Mahr was one of the series in a marriage procession. Islam regarded mahr as the bride's private rights, so it should not be transferred to her guardian or family. Islam defined mahr as the groom's duty, and it should not be violated. The bride would fully authorize mahr. QS. An-Nisa (4) recited, “And give the women (upon marriage) their (bridal) gifts graciously.” The gift was mahr, whose amount was determined on behalf of two parties' agreement, as it should have been voluntarily given. Nevertheless, mahr could be arranged by a modest and simple principle not to burden the groom. During this time, mahr had been arranged by prestige, status, and economic principles. It might restrict the groom's goodwill to marry the bride because the best mahr was the easiest mahr. Although it was actually not one of the compulsories in an Islamic marriage, it was an obligation for the groom. Mahr given to the bride should meet the following requirements: valuable wealth, a sacred object that gave advantages, a non-ghasab object, a non-abstract object/real object.
LEGALIZATION OF ABORTION AGAINST VICTIMS OF RAPE CRIMES VIEWED FROM VICTIMOLOGY PERSPECTIVE Elvandari, Siska
Jurnal Hukum & Pembangunan
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Abstract

One of human rights guaranteed and protected in the 1945 Constitution is the right to live and maintain life, stated in Article 28 A of the 1945 Constitution. The right to live and maintain life is the highest right that is inherent in human beings as the subject of law since humans were born to death in the world. The right to live and maintain life is not only inherent in human beings who have been born, but also in humans or children who are still in the womb, stated in Article II of the Civil Code that "Children are considered to have been born when interest is desired. However, in fact the guarantee and protection of the right to live and maintain life has been neglected in line with the legalization of abortion against victims of rape crimes stated in Law Number 36 Year 2009 concerning health. The legalization of abortion against victims of rape crimes certainly has drawn polemics in various circles, namely between pro life and pro choice groups.
POLITIK HUKUM PIDANA TERHADAP PERBUATAN NARAPIDANA MELARIKAN DIRI DARI LEMBAGA PEMASYARAKATAN DI INDONESIA Akbar, Muhammad Fatahillah
Jurnal Hukum & Pembangunan
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Abstract

Prison escape has been committed by many prisoners in several correctional institutions in Indonesia. Since it is not a crime under Indonesian Law, the punishment of the action is merely an discipline sanction. Then, the existing punishment is not sufficient to prevent and eradicate prison escape. Hence, the rehabilitation by the correctional system will never work. This paper aims to analyse how the existing legislation regulates on the prison escape and how the viable regulation in prison escape. It is proven than in the Act on Correctional Institution and in the other relevan regulations, prison escape can never be investigated since it is not a crime. Then, discipline sanction is the only punishment. In few cases, it may also be considered as durress. Furthermore, it is stated that the criminalization of prison escape is a must. It fulfils the parameters of criminalization. Hence, the prisone escape shall be considered a crime in the future law.
PELIPUTAN SECARA LANGSUNG PERSIDANGAN PERKARA PIDANA OLEH MEDIA TELEVISI DIHUBUNGKAN DENGAN ASAS PEMERIKSAAN DI PENGADILAN TERBUKA UNTUK UMUM DALAM RANGKA PEMBAHARUAN HUKUM ACARA PIDANA Ardilla, Merti; Rusmiati, Elis; Tajudin, Ijud
Jurnal Hukum & Pembangunan
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Abstract

In the practice of judiciary in Indonesia, the phenomenon of direct trial of cases of punishment by the press appeared and then broadcast live through television media, this could occur in a situation as a trial announced for the public. This practice has a negative impact, among others, will refute the principle of the presumption of innocence and have an impact on the evidence at the trial. This study aims to find out and analyze the provisions regarding the coverage of trials in court by disputes with the public interest and the principle of examination at the trial open to the public. As well as to find the coverage of the trial in the court by the press in the future during the discussion with the principle of examination at the trial, it was open to the public in the framework of renewal of the prison procedure law.
ANALISIS HUKUM SKEMA KONTRAK GROSS SPLIT TERHADAP PENINGKATAN INVESTASI HULU MINYAK DAN GAS BUMI Fajri, Muhammad
Jurnal Hukum & Pembangunan
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Abstract

As a solution to the problems of the Cost Recovery production sharing contract system, the Government of Indonesia through the Ministry of Energy and Mineral Resources issued Minister of Energy and Mineral Resources of the Republic of Indonesia Regulation Number 08 of 2017 concerning Gross Split Production Sharing Contracts. This new regulation is motivated by the low number and length of time of the discovery of oil and gas reserves, along with the Non-Tax State Revenue (PNBP) which continues to decline in the upstream oil and gas sector. The Gross Split profit sharing scheme also offers bureaucratic cuts in investment that are expected to attract investors to carry out exploration and exploitation in Indonesia. This study aims to analyze the legal rules related to Gross Split regulation in the aspect of improving the upstream investment climate of oil and gas and analyze the new role of the Special Oil and Gas Working Unit as an institution appointed by the state to control and supervise the activities of the PSC’s Company in Production Sharing Contract.

Page 11 of 53 | Total Record : 521

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