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.
Articles
521 Documents
<![CDATA[URGENSI REVISI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA PERIHAL PEMBANGUNAN DESA ]]>
<![CDATA[Herdiana, Dian]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The enactment of Law Number 6 of 2014 on Villages brings optimism to the creation of village development that is able to realize village autonomy. But in practice, the Village Law has not been able to realize the development goals. On this basis, this article is intended to examine village development from the perspective of the substance of the Village Law. The method used in this study is a juridical-normative method with a descriptive approach. The results of the study show that the substance of the Village Law does not give full authority to the villages in local-participatory development, even the Village Law still provides opportunities for local governments to intervene in the implementation of development. The mechanism stipulated in the Village Law makes the village busy with administrative obligations in village development. The implication is that although the village is no longer a vertical government structure under the Regency/City government, empirically the role of the Regency/City government is still dominant. These problems construct a substantial impulse to revise the Village Law, specifically regarding arrangements for village development.]]>
<![CDATA[NALAR MAZHAB SOSIOLOGIS DALAM PENEMUAN HUKUM YANG BERKEADILAN OLEH HAKIM ]]>
<![CDATA[Widowati, Christiani]]>;
<![CDATA[Herliana, Herliana]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The issue of justice is a philosophical and contemporary issue. As a philosophical study, justice is examined from several schools of thoughts within the philosophy of law. This study focuses on the sociological jurisprudence discipline which basically states that law as a social norm which is inseparable from the values prevailing in a society because there is a close correlation between law and society. In relation to judicial authority, the denotation of justice in the judge's decision is that it should be in accordance with the law prevailing in the community. This research was conducted through the statute approach method by collecting and analyzing laws and regulations related to the focus of this study, complemented by a conceptual approach based on the legal principles found in the laws and regulations and legal doctrines. Thus, it is perceivable that the sociological jurisprudence is the synthesis of the dialectical studies between normative and positivist views on the legal findings made by judges by interpreting justice as an accord between judges' decisions and legal values living in the society.]]>
<![CDATA[KEKOSONGAN HUKUM ACARA DAN KRISIS ACCESS TO JUSTICE DALAM KASUS-KASUS PEMBERHENTIAN KEPALA DAERAH/WAKIL KEPALA DAERAH DI INDONESIA ]]>
<![CDATA[Azis, Arasy Pradana]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 49, No. 1 ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Law Number 23 Year 2014 on Regional Government (Law No. 23/2014) provides that the Regional Head or Deputy Regional Head may be dismissed in the middle of his term by certain reasons. The law also regulates a strict process, including the involment of the Supreme Court (MA) in it. MA provides a judicial test of the opinion of the Regional House of Representatives (DPRD) as the initiator of the dismissal processl. The involvement of the Supreme Court is a consequence of the strengthening of the legitimacy of the Head of Region/Deputy Head of Region, which is now elected directly by the people. Therefore, dismissal of Head of Region/Deputy Head of Region is designed difficult. However there is a problem of access to justice in the judicial process in MA, mainly due to the blur of procedural law. The concept of access to justice has been interpreted in a limited way, solely as access to legal assistance for the poor and marginalized.]]>
<![CDATA[KRITIK TERHADAP STRUKTUR ILMU HUKUM MENURUT PAUL SCHOLTEN ]]>
<![CDATA[M. Manullang, E. Fernando]]>
<![CDATA[ Jurnal Hukum & Pembangunan Vol. 49, No. 1 ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Paul Scholten, a prominent Dutch legal scholar, explains some thoughts in one of his chief article: De Structuur der recthwetenshcap. Essentially it describes some accounts on how legal relations may exist, which he thinks such relations can be both logic and illogical. Scholten even furthermore reiterates such paradigm, the dualism of logic and illogical, also underlies the scientific nature of legal science (jurisprudence). Finally, he also explores on the relations between language and jurisprudence. His all accounts leave some critical notes, as it has some internal contradictions in connection of, as what critical legal theory says, the presence of reifications in legal doctrine.]]>
<![CDATA[PRODUK HUKUM PENGKEBIRIAN PEMERINTAHAN DESA ]]>
<![CDATA[-, Sarip]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This article aims to examine Law Number 6 of 2014 concerning Villages relating to the castration of villages through legal products issued by the state. Refuse of Article 18B Paragraph (2) The 1945 Constitution of the state recognizes and respects customary law community units and their constitutional rights insofar as they are still alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, which is regulated in law. The castration of the village is basically a means that cannot be fully blamed or justified. These considerations are of concern to those who understand the importance of the integrity of the country. The implementation is very contradictory where villages must submit to the commands that have been determined by legal products]]>
<![CDATA[URGENSI AMANDEMEN UU TENTANG PERSAINGAN USAHA DI INDONESIA: PROBLEM DAN TANTANGAN ]]>
<![CDATA[Toha, Kurnia]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This article discusses about how urgent for the holding of an amendment to the Act No. 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, known as Competition Law. Since the effective force in 2000, the Business Competition Act has given many benefits to the economic development of Indonesia. However, there are also a lot of criticism both from academics, practitioners and commissioners of the Business Competition Supervisory Commission. This research conducted based on normative or library research using secondary data. In addition, this research was also based on a field research through interviews and focus group discussions with stakeholders. The results of the research found that there was an urgent interest for the amendment of Law No. 5 of 1999.]]>
<![CDATA[COMPETITION POLICY ON ONLINE TAXI IN INDONESIA ]]>
<![CDATA[Silalahi, Udin]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The presence of application-based taxis such as Grabcar and Gocar is a challenge for conventional taxis. Its existence can be reduced to conventional taxi company turnover. On March 22, 2016 thousands of conventional taxi drivers held a demonstration against the existence of online taxis, because online taxis were declared in violation of the Traffic Law and consequently the streets in Jakarta were chaotic. The existence of online taxis cannot be avoided any more, due to technological developments. Online taxis provide benefits and convenience for passengers in ordering and the rates are cheaper than conventional taxi rates. Anyone who has a cellphone and downloads the application, can order the online taxi and pick him up at the place where the passenger booked it. Therefore, the Government through the Ministry of Transportation issued Ministerial Regulation No. 32/2016 which recognizes the existence of online taxis in Indonesia and this Ministerial Regulation is revised through Ministerial Regulation No. 26/2017 and revised again to become Ministerial Regulation No. 108/2017.]]>
<![CDATA[LEMBAGA QUASI NON GOVERNMENTAL ORGANIZATION (QUANGO) DALAM SISTEM KETATANEGARAAN INDONESIA: MAJELIS ULAMA INDONESIA ]]>
<![CDATA[Abdilah, Ali]]>;
<![CDATA[Novianto, Rico]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Quasi Non-Governmental Organization institution or Quango is not as wellknown as other state institutions in Indonesia. However, it does not mean this institution does not exist in Indonesia. This article discusses the existence of Quango institution in Indonesian state institutions, especially Majelis Ulama Indonesia (MUI). This article explains the definition of Quango and the characteristics of Quango in several countries. Moreover, based on this article, it is believed that MUI can be classified as Quango in Indonesia state Institutions. To attain the expected result, this contribution employs normative legal studies by using some literature regarding Quango and its existence in some countries. Furthermore, this article also reviews some laws such as Law Concerning Halal Product Assurance, Law Concerning Sharia Bank, and some regulations and laws that have relation with the existence of MUI.]]>
<![CDATA[TINJAUAN “NOVUM” DALAM PENINJAUAN KEMBALI SENGKETA TATA USAHA NEGARA ]]>
<![CDATA[Setyono, Yoni A.]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Novum is one of the reasons for conducting a review. Sometimes in one case, there is an intersection between two courts. In writing, it tries to examine the intersection between Novum in civil cases and cases of state administrative disputes. Which more relevant link point is used regarding the period of time in filing EIA problems in state administrative disputes. Subject to the legal requirements of civil cases (Environmental Law) or in the Administrative Procedure Law. This study begins with a comparison of approaches through proof known in civil cases and in state administrative disputes which are finally sent to the mechanism of submitting the novun This writing is intended to have legal certainty in submitting novum if there are two links.]]>
<![CDATA[DIVESTASI PT. FREEPORT INDONESIA ]]>
<![CDATA[Yoesry, Erni Yoesr]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
Publisher : <![CDATA[UI Scholars Hub ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Indonesia’s natural resources potential especially in mining sector make it becomes hunted by foreign investor, one of them is PT. Freeport Indonesia. Freeport operates in Indonesia under a Contract of Work (KK) which was signed in 1967. In this contract of work, all management and operational matters are handed over to miners. The state has no control over the operation of the company. The State would only receive royalties of the amount that has been determined in contract of work. Mining companies that want to export processed minerals (concentrates) ought to relinquish the status of contract of work into a Special Mining Business License (IUPK), and build a mineral processing and refining facility (concentrate). Article 97 of Law No. 4 of 2009 on mineral and coal mining along with its implementation regulation stipulates about what should be contained in IUPK (Special Mining Business License), one of which is divestment.]]>
