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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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TINJAUAN TERHADAP KONSEP KEADILAN SPASIAL DAN PARTISIPASI MASYARAKAT DALAM PERENCANAAN DAN PENGENDALIAN PEMANFAATAN RUANG PADA PROGRAM NORMALISASI CILIWUNG DI PROVINSI DKI JAKARTA Hexagraha, Shafira Anindia Alif; Setyorini, Savitri Nur
Jurnal Hukum & Pembangunan
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Abstract

The idea of public interest in spatial planning is a two-sided claim. The government often uses it to enforce spatial plan program without the consent of the affected groups. On the other hand, the affected groups also use it as their defense to protect their damaged rights. The idea of spatial justice is derived from progressive intellectual tradition that is highly aware of the severeness of injustice in urban spaces and hence demands radical reconception of spaces, governance, and spatial planning. Most influential intellectual tradition in spatial justice are Habermas’ Public Sphere, Harvey’s Right to The City, and Lefebvre’s Production of Space which emphasize on active public participation in urban policy making especially for the marginalized groups who experience exacerbated inequality the long standing urban policies have produced.
THE LEGAL POSITION OF MULTINATIONAL CORPORATION IN INTERNATIONAL LAW Rinwigati, Patricia
Jurnal Hukum & Pembangunan
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Abstract

It has been recognised that Multinational Corporation has played important role in international law particularly on economic matters and recently on human rights. Hence, the question is how international law views this entity: is it a subject or object of international law? What kind of modalities and limitations for MNC to operate in international law? Do they have some capacities for law making treaty? This article attempts to answer those questions critically by Public International Law as a point of departure. It is argued here that different theories used lead to different conclusion on the position of multinational corporation in International Law. Nevertheless, such differences will not delete the fact that this entity has certain rights and obligations in International Law.
PUTUSAN SELA DALAM PERKARA PERSELISIHAN HASIL PEMILIHAN UMUM -, Bisariyadi
Jurnal Hukum & Pembangunan
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Abstract

This paper departs from the presumption of common misconception in the use of terms as adopted in criminal and civil law. Interlocutory decision in the Constitutional Court has a different definition from criminal and civil law procedure. The difference is within the issue that is cover between the two. Interlocutory decisions in criminal and civil law deals only as far as admissability and jurisdiction, where in the Constitutional Court interlocutory decisions may actually related to the legal issues brought by the party. In addition, as the experience shows that interlocutory decisions are not only used as burden of proof but also part of the mechanism for imposing sanctions due to electoral fraud that negate the core value of democracy. It aims to rectify and redefine the conception of interlocutory decisions based on empirical experience of the Court in examining cases on eletoral disputes. Furthermore, this study will put forward a proposal in the context of revising the Court procedural law, specifically in regards to interlocutory decisions.
KAJIAN TENTANG MODEL RENCANA AKSI DAERAH HAK ASASI MANUSIA (RADHAM) KABUPATEN BONDOWOSO TAHUN 2018 Khanif, Al, Dr.; Indrayati, Rosita; Ulum, Muhammad Bahrul; Wildana, Dina; Muhshi, Adam; Fadhilah, Nurul Laili; Satyaningtyas, Ayu Citra
Jurnal Hukum & Pembangunan
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Abstract

This article discusses Bondowoso District's regional human rights action plan (RADHAM) 2018. The focus of the 2018 RADHAM study explains the background and focus of Bondowoso's 2018 RADHAM policy as the basis for human rights-based policy making in the area. In the context of the division of power between the central and regional governments in the era of autonomy, human rights policy planning becomes complex because there are several regional and central policies that are mutually conflicting so that the mechanism for fulfilling human rights in the regions becomes complicated. To map this issue, local governments need a policy mechanism that focuses on mapping human rights issues that are used to determine the mechanism for solving problems and fulfilling human rights in their regions. This RADHAM policy will then be used as a reference for Bondowoso Regency to maximize the fulfillment of human rights in its territory.
PERMASALAHAN PENERAPAN KLAUSULA PEMBATASAN PERTANGGUNGJAWABAN DALAM PERJANJIAN TERKAIT HAK MENUNTUT GANTI KERUGIAN AKIBAT WANPRESTASI M.P. Pangaribuan, Togi
Jurnal Hukum & Pembangunan
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One of the most common aspects in the development of the freedom of contract principle is the use of a clause limiting liability based on Article 1249 of the Indonesian Civil Code. In practice, the application of such clause is often times not in line with other principles under Indonesian contract law such as the principles of balanced, morals, and decency that are also inseparable from Indonesian contract law principles. This issue becomes even more apparent in cases where a breach of contract is done deliberately and/or grounded on bad faith of one of the parties that has calculated that the deliberate breach and the subsequent consequences would still deliver a profit to the party in breach. Taking reference from a case law in the Netherlands, adopting the principles of the old Dutch Commercial Code, it is suggested that clauses that limit a party’s liability can be waived if there are aspects of “gross negligence” in the performance of the contract
THE CHARACTERISTICS OF PROPORTIONALITY PRINCIPLE IN ISLAMIC CROWDFUNDING IN INDONESIA Roro, Fiska Silvia Raden; Hernoko, Agus Yudha; Anand, Ghansham
Jurnal Hukum & Pembangunan
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Abstract

Proportionality is a legal principle not only requires equility of the rights and obligations among parties based on competing values, but also has purpose to deliver justice among parties. This principle is in line with the Al Musawah principle in the Islamic contract or agreement which it also has the same goal: ad ‘adl wa tawazun. This principle is the implementation of the principle of good faith, the principle of transactions based on honesty including in terms of determining the profit margin. The research significance are to provide enhance knowledge about proportionality principle in Islamic crowdfunding in Indonesia, especially in financing contract in Islamic financial technology as a new business innovation scheme. This paper in order to promote the impartial perception and to harmonize the Islamic law and Indonesian laws. The type of the research is legal research. The research methods apply the conceptual approach to the the Islamic crowdfunding under proportionality principle in financing contract.
ASPEK HUKUM JANJI PRAKONTRAK DALAM PRANATA HUKUM KONTRAK INDONESIA Asnawi, Natsir
Jurnal Hukum & Pembangunan
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Abstract

The precontractual issues in Indonesia had been raised due to the existing gap between the codification of contract law and the practical needs in contract law. As an umbrella act of civil law, The Indonesian Civil Code (Burgerlijke Wetboek) has yet regulate precontractual issue. Likewise, the judicial practice remains to establish law certainty (formalitiy of a contract), instead of giving justice to the parties who get injured on account of breaking the precontractual promises. Due to effort of updating the contract law, its substance should attach precontractual as a crucial term. Precontractual promissory should be stated as legally bound to the parties. Hence, act of lawlessness toward precontractual promise is about to punished by either of these legal instrument: 1) tort (onrechtmatige daad), by condemning the violator to redeem the other party’s interest (reliance interest); 2) breach of contract, by condemning the violator to redeem, not merely toward reliance interest, but also toward expectation interest of injured party; or 3) consumer protection, by condemning the violator either redeem some reliance interest or to continue or not of performing a specific act which had been declared in precontractual phase.
PENGATURAN PERTANGGUNGJAWABAN MUTLAK WAJIB PAJAK DI INDONESIA DALAM PERSPEKTIF KEADILAN DAN KEMANFAATAN UMUM Sinaga, Henry Dianto Pardamean
Jurnal Hukum & Pembangunan
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Abstract

The increasing of tax evasion and tax avoidance, due to lack of taxpayer’s liability regulation in tax legislation, has been very detrimental to state revenues. Based on normative juridical research with descriptive-comparative-prescriptive approach which has been done, it is concluded that the regulation of strict liability of taxpayers of Indonesia can: 1) fulfill the sense of justice in terms of equality and or fairness as long as it meets the condition that reflects of material justice and formal justice which must be regulated explicitly in tax legislation; and 2) provide public benefit to the state in handling the social welfare and regulation offences and or in handling the rise of abnormally dangerous behaviors that require a due care standard in the taxpayer’s business environment. It is recommended to be explicitly set about the criteria of strict liability and widening the defenition of any person, including individual and corporation, in tax legislation.
PROBLEMATIKA LEMBAGA MAHKAMAH AGUNG DALAM PENEGAKAN HUKUM DI INDONESIA -, muntaha
Jurnal Hukum & Pembangunan
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A process of law enforcement was considerably as part of system of judicature as well as a part of procedure of justice. The issue on this research is “What is the problematic in Supreme Court related to law enforcement in Indonesia”. This study principally aimed: a. Academically, as further base data. b. Practically, as evaluated material for Supreme Court in adjusting related to law enforcement in institutional jurisdiction. The used method in this research is by means of conceptual approach. Subsequently, the outcome is that problematic of law enforcement toward Supreme Court are: a. Integrity of law enforcer that has relatively weak. b. Lack of judicial administration system. c. Relating to regulation.
FAKTOR KESUKARELAAN DALAM PENGUNDURAN DIRI PEKERJA/BURUH: STUDI PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL DI MEDAN NO. 262/PDT.SUS-PHI/2017/PN.MDN, DI BANDA ACEH NO. 5/PDT.SUS- PHI/2016/PN.BNA, DAN DI PALU NO. 18/PDT.SUS-PHI/2015/PN.PAL Andriani, Patricia Cindy; Kiswandari, Melania
Jurnal Hukum & Pembangunan
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Abstract

Resignation is one of the mechanisms for terminating employment relations that requires voluntary factor in the employee’s action. However, in a number of cases, the resignation was actually not based on the initiative of employee, but was motivated by the employer’s action who put employee into difficult situation so that he/she had no choice but to resign. Therefore, it is necessary to further examine the regulations regarding termination of employment and their implementation at the Industrial Relations Court level toward cases about the employee’s involuntary resignation in decision no. 262/Pdt.Sus- PHI/2017/PN.Mdn, no. 5/Pdt.Sus-PHI/2016/PN.Bna, and no. 18/Pdt.Sus- PHI/2015/PN.Pal. The research is a normative juridical research by comparing 3 (three) court decisions, which has descriptive analytical.

Page 15 of 53 | Total Record : 521

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