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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 1,663 Documents
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Magang atau Pekerja? Menggugat Status Abu-Abu Tenaga Paruh Waktu Mahasiswa di Fakultas Hukum UGM Krisna Putri, Patricia Nerissa; Wijaya, Markus Togar
Jurnal Hukum & Pembangunan
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This study highlights the controversy surrounding the change in nomenclature for student workers at Gadjah Mada University, particularly within the Faculty of Law. The status of these workers has shifted from 'part-time' to 'student intern'. This unilateral change has created a legal grey area that could lead to students being subjected to disguised employment practices. Using socio-legal research methods, this article examines the validity of the 'internship' status based on the elements of an employment relationship (work, orders and wages) within the labour law regime, analysing it using the theory of structural injustice. The research findings suggest that reclassifying part-time students as interns is inaccurate as this would contradict the following regulations: Pertor 18/2016, Permendikbudristek 63/2024, and Permenaker 6/2020. Furthermore, an examination of four dimensions —power relations, procedural, distribution and legitimacy— has also revealed the fulfilment of the perspective of structural injustice.
Kedudukan Hukum Eks-Kreditor Pasca Debt to Equity Swap yang Dihomologasi dalam PKPU Kedua dan Kepailitan Debitor Akibat Pembatalan Perdamaian Rahmawati, Reza
Jurnal Hukum & Pembangunan
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Debt to Equity Swap (DES) under a composition plan in Suspension of Debt Payment Obligations (PKPU) proceedings constitutes a restructuring mechanism that transforms the legal status of a Creditor into that of a shareholder upon homologation. Legal issues arise when The Debtor subsequently enters a Second PKPU due to newly incurred debts or is declared bankrupt following the annulment of the composition, while Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment does not expressly regulate the legal consequences of a DES under such circumstances. This normative legal research aims to analyze the legal standing and legal protection afforded to former Creditors after the implementation of DES. The findings indicate that DES constitutes an objective novation, extinguishing the original claim and replacing it with a corporate membership relationship. Consequently, in a Second PKPU, former Creditors may not reassert their previous claims unless a valid new debt arises. In bankruptcy resulting from annulment of composition, the DES remains valid, positioning former Creditors as subordinated shareholders, thereby shifting their legal protection from a Creditor's claim to shareholder rights within the company.
Omnibus Law sebagai Strategi Mengatasi Disharmonisasi Peraturan di Indonesia Hastuti S., Tuti Tri; Hoessein, Zainal Arifin
Jurnal Hukum & Pembangunan
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This article discusses the challenges in implementing the Omnibus Law (OL) both as a regulatory system and as a tool for harmonizing regulations within Indonesia’s legal positivist tradition and its complex, non-simple regulatory hierarchy, from the perspectives of legislative consolidation theory, regulatory coherence theory, and multilevel regulation theory. This study is based on the assumption that OL, within the framework of legal positivism (norm hierarchy system), faces problems in applying these three theories. The research employs normative juridical and comparative methods, analyzing national regulations and international research findings. The results indicate, first, that the positioning of OL, which does not yet include implementing regulations, conflicts with the principles of norm hierarchy; second, substantive harmonization requires OL to integrate elements of both legal positivism (civil law) and common law; third, it is suggested that OL be incorporated into Law No. 12/2011 using a reconstruction approach to the regulatory system, where legislative consolidation, regulatory coherence, and multilevel regulation serve as guidelines to strengthen legal harmonization.
Pertanggungjawaban Perusahaan Pengangkut pada Tindakan General Average terhadap Kerugian Kargo yang Diangkut Lova, Sandra A. M.; Chumaida, Zahry Vandawati
Jurnal Hukum & Pembangunan
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Maritime transportation plays a vital role in supporting trade, yet risks such as perils of the sea or ship accidents caused by unseaworthiness often lead to disputes, particularly when General Average is declared. This practice, recognized since Roman times, has evolved into a legal concept in marine insurance to distribute deliberate sacrifices made for the safety of the vessel and its cargo. This study aims to analyze the liability of carriers in General Average actions and to evaluate the concept as a fair mechanism for loss distribution. The research employs a normative juridical method with statutory, conceptual, and comparative approaches, using data obtained through library research of legislation, maritime law literature, insurance policies, and relevant court decisions. Findings reveal that General Average originates from the York-Antwerp Rules as a form of international legal unification, compared with the Indonesian Commercial Code (KUHD) on avariij umum. The conclusion highlights that while General Average is recognized as a mechanism of shared responsibility, agreements in carriage contracts and cargo insurance policies are essential to determine the scope of liability and ensure proportional allocation of losses.
Penggunaan Unconventional Weapons dalam Konflik Bersenjata Modern Aldiansyach, Fadhillah Wahid Pramudya
Jurnal Hukum & Pembangunan
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The use of unconventional weapons such as cluster munitions, white phosphorus, nuclear weapons, artificial intelligence-based autonomous systems (AI/LAWS), and military neurotechnology is increasingly dominating modern armed conflicts. The characteristics of these weapons, particularly their widespread effects, uncertainty of control, and potential for automatic escalation, can pose serious challenges to the application of the principles of distinction and proportionality in International Humanitarian Law (IHL), especially when used in densely populated areas. The modernization of nuclear systems, the accelerated integration of AI into military command, and the emergence of neurotechnology indicate a regulatory gap that could potentially undermine humanitarian protection. This study uses a doctrinal (normative) method to interpret international legal instruments, examine doctrine and state practice, and review a number of empirical illustrations from Syria, Gaza, Ukraine, and regional military dynamics. The results of the study show that most unconventional weapons present inherent challenges in ensuring compliance with distinction and proportionality, mainly due to their uncontrollable destructive nature and algorithmic uncertainty in AI-based systems.
Analisis Klausula Choice of Forum dalam Kontrak Standar E-Commerce di Indonesia: Kajian Berdasarkan Perspektif Perlindungan Konsumen Saputra, Sarping
Jurnal Hukum & Pembangunan Vol. 55, No. 4
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This research discusses choice of forum clauses in standard contracts on the five largest e-commerce platforms in Indonesia, namely Shopee, Tokopedia, Lazada, Bukalapak, and Blibli. The clause stipulates the mechanism and location of dispute resolution that automatically binds consumers when using the platform. In practice, these clauses tend to burden consumers, especially regarding access to fair dispute resolution. This research focuses on the compatibility of the choice of forum clause with the principles of consumer protection regulated in the Consumer Protection Law (UUPK). The results reveal that most e-commerce platforms use exclusive forms of choice of forum clauses, such as Shopee, Lazada, and Bukalapak, while Tokopedia and Blibli adopt non-exclusive forms. Although GCPL does not explicitly prohibit exclusive clauses, their application is considered to violate consumer rights because it complicates access to dispute resolution, which in this case contradicts the principles or principles in consumer protection, including the principles of justice, balance, and legal certainty. These conditions require serious attention, particularly through more stringent regulation of choice of forum clauses in standard contracts. The government is expected to formulate regulations that ensure clauses in standard contracts do not burden consumers, while business actors need to formulate fairer contracts.
Hak Asasi Manusia (HAM) Atas Lingkungan Hidup (Suatu Rekfleksi Sosio Yuridis atas Implementasi Penyelesaian Sengketa Lingkungan) Gregorius, Junior B.
Jurnal Hukum & Pembangunan Vol. 39, No. 3
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Peraturan Hukum Perburuhan Dan Sikap Pengadilan: Tarikmenarik Antara Kepentingan Investor Dan Kepentingan Buruh Khoiri, Syamsul
Jurnal Hukum & Pembangunan Vol. 39, No. 3
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Corporate Control Transaction In Acquisition Under The Indonesian Law Kairupan, David
Jurnal Hukum & Pembangunan Vol. 39, No. 3
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Pembaharuan Makna Asas Legalitas Christianto, Hwian
Jurnal Hukum & Pembangunan Vol. 39, No. 3
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