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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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BISAKAH ALAM MENJADI SUBYEK HUKUM? REFLEKSI ATAS BEBERAPA PENGALAMAN Prabowo, Rian Adhivira; Seno, Adi; Setiawan, Fajar Ahmad; Herlambang, Unu P.; Ermansyah, Edho R.; Ginting, Gerry Pindonta
Jurnal Hukum & Pembangunan
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This paper discusses three legal precedents regarding the legal personhood of nature in three countries; Ecuador, New Zealand, and India. Each country has recognized some natural areas as legal persons through different means. In Ecuador, the rights of nature, which resemble legal personhood of the nature, are recognized in the 2008 Amendment of Ecuador Constitution. Meanwhile, New Zealand has recognized the legal personhood of Whanganui River through legislated settlement treaty between the government and Maori peoples. Whereas in India, the rivers of Ganges and Yamuna have been recognized its legal personhood through the Uttarakhand High Court’s decisions. These three legal precedents are a very important breakthrough in legal studies regarding “who”, “whom” and now “what”, are recognized as a legal person. This article contains descriptions of the three precedents aforementioned which will be explored further in terms of possible advantages and also weaknesses that came with by recognizing nature as legal person.
PENCEMARAN NAMA BAIK DAN PENGHINAAN MELALUI MEDIA TEKNOLOGI INFORMASI KOMUNIKASI DI INDONESIA PASCA AMANDEMEN UU ITE Samudra, Anton Hendrik
Jurnal Hukum & Pembangunan
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The amendment of the ITE Law is conducted to provide better legal certainty. This is an effort to respond to society development and aims to provide better legal protection and justice. The implementation of freedom of expression in the media of Information Communication Technology (ICT) affecting the number of defamation. With the amendment of ITE law, it is necessary to examine the nature of defamation offense and libel through ICT media.
PENGEMBANGAN KAPASITAS USAHA KECIL MENENGAH DALAM MEMANFAATKAN SISTEM HAK KEKAYAAN INTELEKTUAL BAGI PENINGKATAN DAYA SAING USAHA Suryasaladin, Ranggalawe
Jurnal Hukum & Pembangunan
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As a main contributor to Indonesia GDP, Small and Medium Enterprises should be assisted by Goverment and University in order to expand its capacity in managing their intangible assets and intellectual property. The efforts in giving guidance to SMEs in managing its IP and take a benefit of IP systems could be on the mapping of problems faced by SMEs in managing its IP and addressing a better policy recommendation suitable to solves it problems. This article streghtening the arguments that to enhance Indonesia SME capacities in managing its IP , the government institutions and university have to coopertate in disseminating IP strategy adaptive to the needs and challenges faced by SMEs of Indonesia in protecting its IP assets, enforcing, and commercialization of its IP assets.
ON PROPOSAL TO REGULATE ABUSE OF SUPERIOR BARGAINING POSITION: LESSONS FROM OTHER JURISDICTIONS Suyawan, Meirani; Tanjung, Kurnia Togar Pandapotan
Jurnal Hukum & Pembangunan
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The latest version of the draft bill regarding Law on the Prohibition of Monopolistic Practices and Unfair Business Competition has added new arrangements about the abuse of a superior bargaining position. The new law proposal which is intended to amend existing Indonesian competition law (Law Number 5 Year 1999) stipulates that any business actor is prohibited from abuse its superior bargaining position within a partnership agreement with other less dominant entities. Under Law Number 20 Year 2008 on Micro, Small and Medium Enterprises, a partnership agreement means any agreement made between micro, small and medium enterprises and large enterprises like state or privately owned national businesses, joint ventures and foreign businesses that conduct economic activities in Indonesia. Such a condition makes many antitrust experts or economists question the relevancy of regulating abuse of superior bargaining position under competition law. However, several jurisdictions –Japan, Korea, Taiwan, France, and Germany- have regulated the abuse of superior bargaining position under their national competition laws.
RULE OF LAW, NEOLIBERALISME DAN PROYEK REFORMASI HUKUM WORLD BANK: PERSPEKTIF CRITICAL LEGAL STUDIES Anggoro, Syahriza Alkohir
Jurnal Hukum & Pembangunan
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The emergence of World Bank legal reform projects in promoting the rule of law has been successful to encourage third world countries to reform their legal aspects to help formulate market friendly policy. This article tries to question the concept of rule of law that is materialized in many World Bank legal reform projects by using critical legal perspective to analysis legal scholarship on the role of law in the context of development. It trying to present an alternative explanation of World Bank’s rule of law which we are hypothetizing as a neoliberal concept. World Bank’s rule of law are nothing more than a formalistic and limitative concept which is constituted by abstract and universal rules such as protection of private property, contract enforcements and operational efficiency which is a legal framework to easify capitalism. This article conclude that World Bank’s rule of law are bereft of emancipatory values and only serves as a tool for neoliberal penetration to third world countries.
PARTISIPASI PEREMPUAN DALAM PROSES PENGAMBILAN KEPUTUSAN DI DEWAN ADAT TERKAIT DENGAN PENYELESAIAN KASUS-KASUS KEKERASAN TERHADAP PEREMPUAN: KISAH DARI ATAMBUA, SUMBA TIMUR, ROTE DAN LABUAN BAJO Nurtjahyo, Lidwina Inge
Jurnal Hukum & Pembangunan
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Based on Convention on Elimination of Discrimination Against Women, especially in Articles 2c, 5a, 7b and c, 15 (1) and (2) women and men are equal. If there are any discriminations, the states which have ratified the Convention shall eliminate the discriminations from rules or tradition or practices. Women in some indigenous communities have some limitation in decision making process, even in the process to get solution in violence aghaainst women cases. For examples in Rote, Labuan Bajo, East Sumba and Atambua (East Nusa Tenggara) women have limited access to the decision-making process in indigenous forums even in cases of violence against women. This paper will focus on some issues: the limitation itself and the strategies of the women in confronting those restrictions. Data in this paper are collected from literature research, participatory observation, interview with customary councils, interview with some women survivors, interview with government officers and police, from 2015-2018.
PELAKSANAAN E-COURT MENURUT PERMA NOMOR 3 TAHUN 2018 TENTANG ADMINISTRASI PERKARA DI PENGADILAN SECARA ELEKTRONIK DAN E-LITIGATION MENURUT PERMA NOMOR 1 TAHUN 2019 TENTANG ADMINISTRASI PERKARA DAN PERSIDANGAN DI PENGADILAN SECARA ELEKTRONIK (STUDI DI PENGADILAN NEGERI DI INDONESIA) Retnaningsih, Sonyendah; Nasution, Disriani Latifah Soroinda; Velentina, Rouli Anita; Manthovani, Kelly
Jurnal Hukum & Pembangunan
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The process of resolving cases at a trial is not always carried out conventionally ie the parties come directly to the trial but can be done online. This is marked by the launch of the e-court application on July 13, 2018. With the launch of the e-court application, the Supreme Court has moved towards electronic justice which will fundamentally change the practice of litigation services in the courts. Since the issuance of Supreme Court Regulation No. 1 of 2019 concerning Administrative of Cases and Trials in Electronic Courts on August 19, 2019, the Supreme Court Regulation No. 3 of 2018 concerning Administration of Cases in Electronic Courts was declared revoked and no longer valid. This PERMA Number 1 of 2019 perfected PERMA Number 3 of 2018 so that now not only case registration can be done online or known as e-court but the trial can also be conducted electronically namely e-litigation.
HUBUNGAN KEUANGAN PEMERINTAH PUSAT DAN DAERAH DALAM PENYELENGGARAAN JAMINAN KESEHATAN NASIONAL Martira, Amelia; Nursadi, Harsanto
Jurnal Hukum & Pembangunan
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Indonesia’s National Health Security (NHS) has begun since 2014 which give a lot of benefits to people in Indonesia. Access to health care become more easier without giving financial hardship. However, there are some obstacles that Indonesia NHS facing, which one is deficit in pool funding that is not enough to pay the benefits. One of newer solution to overcome this problem is by activating the resources from local government, especially from the funding. Basically, decentralization is the framework of the central and local government relation in Indonesia, by transferring power, authority and financial of health functional assignment to local government. Conversely, since Indonesia NHS is held, there is overlapping of authority and financial between administration of health functional assignment by local government and NHS. Then, it contributes to ineffective and inefficient of NHS. Conclusion: There is a need to rearrange the central and local government relation on decentralization context in order to maximize the role of local government to assure the sustainability of NHS in Indonesia.
PERAN DAN FUNGSI NOTARIS DALAM PEMBUATAN KONTRAK BAGI HASIL MINYAK DAN GAS BUMI DI INDONESIA Vonna, Zakia; Rahayu, Sri Walny; Nur, M.
Jurnal Hukum & Pembangunan
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This article describes contract as one of the essential elements in commercial law, one of which is the oil and gas sector. Therefore, in drafting the contract in the sector, requirements set in prevailing laws and regulation need to be met. In practice, notaries are often involved as public officials in the process of contract drafting in accordance with Article 15 of Law No 2 of 2014 regarding the amendment for Law No 30 of 2004 regarding the Legal Constitution of Notary Public Profession, because they are state officials who are authorized to draft and ratify contracts. This research was aimed at explaining the role of a notary on the drafting and ratification of oil and gas production sharing contract in Indonesia. This research was normative legal research with a legal and philosophical approach, and the method was prescriptive analysis. The technique adopted for the current research was library research by applying the legal material analysis of secondary data.
MEREKONSTRUKSI PARADIGMA GUGATAN CITIZEN LAWSUIT DI INDONESIA SEBAGAI SENGKETA ADMINISTRASI Bimasakti, Muhammad Adiguna
Jurnal Hukum & Pembangunan
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Citizen Lawsuit is an alternative law enforcement mechanism for citizens. Every citizen has the same right to file a Citizen Lawsuit in the court. However, the problems are that there is no definite regulation regarding the authority to adjudicate Citizen Lawsuit, and its contact with the “Judicial Review” which is the constitutional authority of the Supreme Court. In addition there are also problems related to discretionary authority where there is a prohibition for judges to judge the good and bad of the government's discretionary actions. This paper tries to answer these problems through normative and theoretical approaches. The contact between Judicial Review and Citizen Lawsuit is that if the object is an existing regulation. Prohibition for judges from assessing the good and bad of the government's discretionary action can be ruled out as long as the assessment is made regarding purposes of discretionary actions ruled under Law No. 30 of 2014 concerning Government Administration. The character of Citizen Lawsuit is administrative, not civil, so it should be the authority of the State Administrative Court and not the General Court to adjudicate.

Page 12 of 53 | Total Record : 521

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