cover
Contact Name
Rizky Banyualam Permana
Contact Email
jhp@ui.ac.id
Phone
-
Journal Mail Official
jhp@ui.ac.id
Editorial Address
Kampus Fakultas Hukum Universitas Indonesia Gedung D, Lantai 4 Fakultas Hukum Universitas Indonesia Depok 16124
Location
Kota depok,
Jawa barat
INDONESIA
Jurnal Hukum dan Pembangunan
Published by Universitas Indonesia
ISSN : 01259687     EISSN : 25031465     DOI : https://doi.org/10.21143
Core Subject : Social,
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
PERJANJIAN ASURANSI PERTANIAN PADA PROGRAM KETAHANAN PANGAN OLEH PEMERINTAH Vandawati, Zahry; Dermawan, Rizki; Sabrie, Hilda
Jurnal Hukum & Pembangunan
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Abstract

In an effort to achieve food security, the government seeks to protect agricultural products by means of agricultural insurance programs. The insurance company is liable to compensate farmers in case of losses incurred by risks such as floods, droughts and plant disturbing organisms. Legal protection for farmers is given in accordance with the rights of peasants mandated by the Law. This research uses a type of normative legal research to find the rule of law, legal principles, and relevant legal doctrines and conduct a study of legal concepts. The approach method used in this research is the legislative approach and conceptual approach to examine the accountability of insurance companies and legal protection for farmers against agricultural insurance agreement on food security programs by the government.
PERAN INDONESIA DALAM MENANGANI ETNIS MUSLIM ROHINGYA DI MYANMAR Rosyid, Mohammad
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Indonesia is a country that is independent but actively participates in global politics including in the case of state or majority oppression against minority ethnic or group, such as the case of Rohingya in Myanmar. Rohingya is a moslem minority ethnic living in Myanmar targeted in genocide and banished from the country under the military government. Meanwhile, the civil leader of Myanmar, Aung Sang Suu Kyi, remains silent despite her Peace Prize Nobel. On the other hand, the political stance of ASEAN needs to be strengthened to find the solution for Rohingya without intervening internal affairs of the country. Indonesia has supported Rohingya people both by delivering humanity aids, such as building school, hospital and providing basic needs, as well as persuading Myanmar government by means of diplomacy to protect Rohingya people. This kind of humanity acts should be maintained for the sake of human rights. Thus, Indonesia needs to ratify the Convention on Refugees of 1951.
MEMPERERAT REGIONAL ASEAN MELALUI TATANAN HUKUM KEANTARIKSAAN: PELUANG DAN TANTANGAN BAGI INDONESIA Nugraha, Ridha Aditya; Paramita, Kartika
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The outer space has become a forum for international cooperation. History has revealed that many countries with different ideologies could work together when it comes to space activities. The existence of the Association of South East Asian Nations (ASEAN) as a subject of international law with ten member states shall test that premise. The actualization of regional cooperation on space activities could be in many forms, one of them is through the establishment of an ASEAN Space Agency. In a smaller scale, considering there is no legal system applied in the ASEAN level, arranging a joint satellite operation seems rather realistic. Both scenarios could become solutions to answer several actual issues, such as utilizing Geostationary Orbit (GSO) slots for Indonesia as well as determining space activity goals in the ASEAN region.
REDRESSING THE ONLINE TRANSACTION FRAUD VICTIM TREATMENT AND INTEREST FULFILLMENT IN CRIMINAL JUSTICE SYSTEM Samudra, Anton Hendrik
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This article gives idea on how to redress online transaction fraud victim in criminal justice system. The method applied is by looking scholars’ studies, statutes, observation of victimization process and interviewing law enforcement and victim. In several occasions, investigators turned to blame the victim when they report the crime. For several unsolved cases, the victim asked to revoke their report. This caused by investigator’s view that victim recklessness and failure to think what is deservedly suppose is the main cause of the crime. Treatment and interest fulfillment of online transaction fraud victim in criminal justice system should be redressed, such as the accommodation of material loss recovery, and regarding the victim’s interest during criminal justice process.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEJAHATAN PADA PROSES PENYELIDIKAN DAN PENYIDIKAN DALAM SISTEM PERADILAN PIDANA Yulia, Rena; Herli, Dadang; Prakarsa, Aliyth
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The police is the first and main gate in the process of law enforcement. Crime victims will report or complain about the criminal incident they experienced to the police. For reports or complaints of victims, the police will conduct an investigation to find and even that is suspected of being a criminal offense in order to determine whether or not an investigation can be conducted. In the process of investigation, victims are often treated as witnesses, or even reported. Victims are given entrapment questions and the attitude of the police treat victims not as victims. The victim becomes secondary victimization. This paper will examine how legal protection for crime victims on police investigation process in criminal justice system.
INITIATING THE UTILIZATION OF RESTORATIVE JUSTICE IN COMPLETING OF THE ENVIRONMENTAL CRIME CASES trisa, ufran frans; Amaral, Armindo D'
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Restorative justice is a way to deal with crime by balancing the needs of the community, victims and perpetrators. This is a more holistic solution for trying to understand crime and overcome the dynamics of criminal behavior, its causes and consequences. The focus of restorative justice is empowerment, participation and healing of victims of crime. This paper discusses the possibility of utilizing the concept of restorative justice towards solving environmental crime. Identifying victims of environmental crimes and how they are able to participate in the restorative process. In particular, pay attention to the ideas of the wider community, the sustainability of future generations and a better environment. This article explores the types of restorative results available, including reparations, restitution and compensation for the occurrence of environmental damage. By implementing a restorative process for environmental crime, restorative justice can be transformative for victims, perpetrators, the community, the environment and the criminal justice system so as to enable a more equitable outcome for environmental crime cases.
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY DAN ZAKAT PERUSAHAAN PERBANKAN SYARI’AH DI MADURA Hariyanto, Erie; Humaidy, Mohammad Ali Al
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Corporate Social Responsibility and corporate zakat programs are two instruments for distributing with social responsibility funds that both have a legal basis, namely Law No.40 of 2007 concerning with Limited Liability Companies and company zakat, Law No.23 of 2011 concerning Zakat Management. In general, zakat and CSR contain the same vision and mission, namely concern for the overall social condition. Particularly, the life of the community is related to the welfare, security and peace of the people. The present study uses qualitative methods. The results of the research are Firstly, Bank BPRS Bhakti Sumekar Sumenep has form of Sharia Business Financing program activities (PUSYAR iB), Commercial Banks of BRI Syariah Bank fulfill CSR and corporate zakat through the National Zakat Agency (Baznas). Secondly, The social responsibility activities of Islamic Financial Institutions (LKS) which base their business activities on Islamic sharia principles are to set aside a portion (2.5%) of the company's profits in the form of zakat payments. In general, the expenditure of zakat funds here is not merely to fulfill the administrative requirements of the country but also to obtain the blessing value as a company based on sharia principles.
TINJAUAN YURIDIS PERTANGGUNGJAWABAN HUKUM KARTU KREDIT PEMERINTAH DI INDONESIA Pratama, Shandy Aditya; Salam, Abdul
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Government credit cards are new products whose applications are currently being piloted by the Directorate General of State Treasury to a number of work units and government institutions. This credit card is intended for government employees as a means of payment in order to use inventory money. Based on the Regulation of the Director General of Treasury No. PER-17/PB/2017, sanctions imposed on misuse of government credit cards are only by giving a warning letter and revocation of the credit card. By examining the elements of legal liability, this paper shows what sanctions can actually be imposed for misuse of government credit cards. This study is carried out by paying attention to the elements of legal accountability from the perspective of civil law, criminal law, and state administrative law. This paper found that a government credit card is in principle the same as a corporate credit card, but the specific thing is that in its accountability. With regard to government cards, there is administrative legal liability.
TANGGUNG JAWAB NOTARIS SEBAGAI PEMBERI KERJA DALAM HAL TERJADI PERBUATAN MELAWAN HUKUM Hoesin, Siti Hajati
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Notaries need the help of others to carry out their duties and authorities in making authentic deeds. Other people who work help the Notary, do work in the Notary's office, as a worker. Workers become Notary employees or not become Notary employees, which is only limited to doing the work given by Notaries. In connection with the implementation of the position of a Notary Public there is a possibility that an unlawful act will occur by a person who does work at the Notary Office. When an act of unlawfulness occurs at the Notary's Office, the Notary will be held accountable, because the public who require the services of the Notary understands that for making an authentic deed is in the Notary's Office. In the event of an act against the law, the public does not distinguish whether the act against the law was committed by a Notary Public employee or not. What is certain is that unlawful acts occur in the Notary's office and are related to the implementation of the position of Notary in the context of making an authentic deed. Based on this, this paper tries to explain and analyze the responsibilities of a Notary in the event of an illegal act in the Notary's Office.
ANALYSIS OF LAFADZ TA'LIQ TALAK IN ISLAMIC LAW PERSPECTIVE AND CIVIL LAW OF MARRIAGE/COMPILATION OF ISLAMIC LAW -, Nurhadi
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Actually marriage is a sacred thing. The contract that unites the two opposite sexes is bound strongly (mitsaqan ghalizha). A strong agreement is concluded in the agreement between the guardian and the prospective husband. Indonesian civil law requires saying sighat ta’liq husband to his wife. The core content of sighat ta’liq is a conditional divorce between the two if the conditions have been fulfilled. Islamic law considers marriage to be legitimate if it has enough conditions and pillars, without sighat ta'liq. Indonesian law requires the requirements of sighat ta'liq in government policy through the decree of the minister of religion number 3 in 1953. The purpose of the existence of sighat ta’liq is to protect the wife from the abuse of her husband, if the husband violates the wife has the right to sue the religious court (divorce). Lafadz sighat ta’liq was made referring to the regulation of the minister of religion number 2 in 1990, but the lafadz contained a new understanding of marriage and the promise of divorce. Compilation of Islamic Law (KHI) as an explanatory regulation from UUP number 1 of 1974 Article 46 paragraph 3 does not require sighat ta’liq.