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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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KEDUDUKAN NOTARIS SEBAGAI PEJABAT UMUM DITINJAU DARI KONSEP EQUALITY BEFORE THE LAW -, Edwar; Rani, Faisal A.; Ali, Dahlan
Jurnal Hukum & Pembangunan
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Notary is a general official in accordance with Law Number 2 of 2014 concerning amendments to Law Number 30 years 2014 concerning Notary Position Article 1 number 1. And for that when the notary carries out his duties as the maker of the notary deed is involved the existence of unlawful acts accordingly with Article 66 paragraph (1) of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public that for the benefit of the judicial process, investigators, public prosecutors, or judges with the approval of the notary public. with the issuance of Law Number 2 of 2014 concerning Notary Position Article 66 paragraph (1) MPD is replaced with MKN meaning that the legal apparatus must be permitted by the MKN to give legal discrimination or lack of equality in the eyes of the law. in accordance with the 1945 Constitution.
CHILD MARRIAGE AND ZINA IN INDONESIAN LEGISLATION IN ISLAMIC LAW Djubaedah, Neng
Jurnal Hukum & Pembangunan
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Article 7 paragraph (1) of Law No. 1 Year 1974 on Marriage determines marriage permitted if the man is 19 years old and female 16 years old. The age limit of marriage for 16-year-old women is considered an early age and is a problem. Child marriage in this paper is a marriage performed by men and women under the age of 18 years. It is able to cause divorce and obstruction of education. In addition to article 7 paragraph (1), child marriage is also due to pregnancy due to free sex (zina) of teenagers. According to Islamic Law, zina is an out-of-wedlock marriage committed deliberately and consciously by man and woman with their individual willingness, likes, without coercion. How is the protection of Article 7 paragraph (1) on child marriage and women under18 years old who commit zina in terms of Islamic Law? The method of research is normative-juridical and descriptive-qualitative, apply the theory of maqashid al-shari’a and neo receptio a contrario theory.
HAK UJI MATERIIL PERATURAN DAERAH PAJAK DAN RETRIBUSI DAERAH Tobing, Adrian Joshua Lumban
Jurnal Hukum & Pembangunan
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Legislation set two mechanisms of review or oversight of local regulations, the executive and judicial review. Executive authority to oversee the review of local regulations is owned by the government (executive power), while the judicial review of the authority overseeing local regulation held by the Supreme Court (judicial power). Both of these mechanisms may lead to the cancellation rules of the regulation is contrary regional. Research districts/cities were canceled by the Minister of domestic affairs who then filed a judicial review to the Supreme Court and its effect on empowerment regional. Approach used are normative and case studies. Secondary data to primary data. Data were collected by the research literature and several areas as places research. Result research shows that the implementation of the right of judicial review of Regulation Regency/negative effect on local empowerment.
KONSEPSI BANGUN PERUSAHAAN KOPERASI: KERANGKA PEMIKIRAN BADAN USAHA YANG IDEAL MENURUT PASAL 33 AYAT (1) UUD 1945 Pulungan, M. Sofyan
Jurnal Hukum & Pembangunan
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Co-operative as company structure (bangun perusahaan) is a concept developed by the Founding Fathers, enshrined in Article 33.1 of the 1945 Constitution. This concept is further developed by renowned economists and lawyers as well. This Article explores the thoughts of Mohammad Hatta, Soepomo, economists and lawyers who have contributed to the development of the concept of co-operatives as company structure. Subsequently, it will offer a framework in which the constitutional stipulation of "a common endeavor based on familial principles" serves as the philosophical basis for the concept. Using Sri-Edi Swasono’s Idea of "Triple-Co" as yardstick, the concept of co-operatives as company structure ought to be the spirit of any legal regulation concerning business organization. Finally, this article recommends a legal political option that might be pursued by the Government to realize the ideals of our Founding Fathers concerning business organization as stipulated in Article 33.1 of the 1945 Constitution.
EKSISTENSI LEMBAGA PENGAWASAN PENGELOLAAN KEUANGAN NEGARA Setiawan, Adam
Jurnal Hukum & Pembangunan
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Abstract

Supervision of state finance management conducted by related institutions such as BPKP, DPR / DPRD, BPK and KPK aims to implement the principles of the management of state finances accordingly and in accordance with the objectives of state financial management that is to guarantee the state in order to create welfare, the right of society and finance the service to the community.
KEJAHATAN DAN HUKUMAN: TANTANGAN FILOSOFIS DETERMINISME-KAUSAL TERHADAP PERTANGGUNGJAWABAN Kabir, Syahrul Fauzul
Jurnal Hukum & Pembangunan
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The existence of free will is required to legitimize criminal responsibility both legally and morally. Criminal responsibility, which was constructed through the concepts of actus reus and mens rea (cartesian-dualism) has been questioned by causal-determinism. As through these concepts moral responsibility and criminal practices, philosophically, are legitimized. Determinism, as a comprehensive worldview, closes the possibility of free will's existence. Contemporary science's findings in the fields of genetics, psychology, and neuroscience are increasingly verifying the determinism's thesis, rather than falsifying it. The law's concept embraces folk-psychology in which every actions are weighed ethically even by those who believe in causal-determinism. The concept of responsibility and punishment is the social practice required by society for the sake of order, utility and legal certainty. The objective of punishment is not only based on the retributive justice's concept, but also hold the utility principle that is consequentialist; Punishment creates deterrent effect and order.
DINAMIKA PENERAPAN IJTIHAD BIDANG HUKUM EKONOMI SYARIAH DI INDONESIA Abdullah, Zaitun; Wijaya, Endra
Jurnal Hukum & Pembangunan
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The development of Islamic economic conceptually and practically is so dynamic. In response to such condition, the presence of apt law becomes important to regulate or manage Islamic economic activities. Even though Al-Quran and Hadith already become main source and basic for all activities, but business actors still need several guidelines in doing Islamic economic activities. In this point, ijtihad could be such kind of instruments to help business actors run and involve in Islamic economic activities with its recent development. One of the forms of ijtihad is fatwa. In Indonesia, Indonesian Council of Ulama (Majelis Ulama Indonesia or MUI) is one of the formal institution who has authority to issue fatwa, and it also has special body, namely National Sharia Council (Dewan Syariah Nasional), to issue sharia economic activities fatwa. This paper will focus on several aspects of fatwa as form of ijtihad related to Islamic economic activities, including its dynamics and problems, such as binding capacity of the fatwa and readiness of the court to settle sharia business dispute
PENGARUSUTAMAAN GENDER DALAM PENGEMBANGAN SISTEM PENDAYAGUNAAN ZAKAT MELALUI MODAL USAHA BERGULIR DI DESA SINDANGLAKA KABUPATEN CIANJUR Solihah, Cucu; Mulyadi, Muhammad Budi; Mulyana, Aji
Jurnal Hukum & Pembangunan
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Abstract

The participation of women in the community welfare improvement program is a choice that must be developed today. The gender mainstream is the right policy considering the women is vunerable to poverty crises. The business development patterns by implementing the revolving capital coming from zakat community development of BAZNAS is an alternative effort to improve the welfare of women. It is assessed from the women's ability in maintaining business and the managing capital in implementing the programs whose capital is collected from zakat
PERBANDINGAN HUKUM PERADILAN TATA USAHA NEGARA DAN VERWALTUNGSGERICHT SEBAGAI BENTUK PERLINDUNGAN HUKUM KEPADA RAKYAT HABIBI, DANI
Jurnal Hukum & Pembangunan
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Legal issues that will be discussed in this paper regarding the description of the Administrative Court system in Germany and the Administrative Court system in Indonesia. Generally, there are similarities between the Administrative Court system in Germany and the Administrative Court system in Indonesia. The system can be seen from the level of the justice system starting from the first level, the level of appeal and the final level or cassation. In addition, it will be reviewed in relation to the judicial process, the basics of the lawsuit filed against the government and the way in which the state administrative court processes are carried out in each country. The research method is normative legal research with the approach of legislation and legal comparison.
PERTANGGUNGJAWABAN HUKUM PIDANA TERHADAP PELANGGARAN RAHASIA MEDIS -, Ridwan
Jurnal Hukum & Pembangunan
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Medical secrets are the patient's rights. This medical secret is a moral obligation based on moral norms derived from Hippocrates' oath. This secret is also known in various professions including advocates, religious scholars and priests, notaries and so on, but the medical profession is the oldest profession that is obliged to keep medical secrets. Maintaining the secret of medicine is an obligation for the medical profession in carrying out its duties and practices as a respect for human dignity. Medical secrets are regulated in international law, especially the law on human rights, Declaration of Human Rights and the 1945 Indonesian Constitution and more specifically in Article 48 of Law Number 29 of 2004 concerning Medical Practices. Medical secrets are not absolute because they can be opened in certain circumstances according to the laws and regulations. If this medical secret is leaked, it can be held to account for the violator, especially Article 322 of the Criminal Code (KUHP).

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