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[HAK PENGUASAAN NEGARA TERHADAP SUMBER DAYA ALAM DAN IMPLIKASINYA TERHADAP BENTUK PENGUSAHAAN PERTAMBANGAN ]]>
<![CDATA[Hayati, Tri]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Granting mining licenses brings various negative impacts in various aspects. In addition to the environmental damage that must have been caused, it also caused a lot of leakage in the revenue of state finances that should have been received by the State. Permits should be a controlling instrument in mining operations, so that they are in accordance with the philosophical meaning as mandated by Article 33 paragraph (3) of the 1945 Constitution. The meaning contained in the Article is the principle of "State's Right to Control" over natural resources and the mandate "for the greatest prosperity. people". These two things must then be used as a basis in the formulation of various policies both regulating (regeling) and those that are set (decision / licensing). Related to licensing, it has been given since the Dutch East Indies government with the form of "Concession" as stipulated in Indische Mijnwet 1899. Therefore this article wants to find a form of exploitation (including licensing) that is in accordance with the concept of the Right to Control by the State in accordance with Article 33 paragraph (3) of the 1945 Constitution.]]>
<![CDATA[PERLINDUNGAN TERHADAP SIMPANAN PERNAH TERCATAT PADA BANK, BUKAN SUATU KENISCAYAAN ]]>
<![CDATA[Ramelan, Yudha]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Many types of crimes occur in the banking sector, which has implications for losses suffered by people who save their money in banks. One example of crime is taking deposits out from the bank by breaking the law. It causes deletion data of customer deposits from the bank's balance sheet or a list of third party funds. Customers are declared to have already received payment from the bank, and hence the agreement to deposit funds between the customer and the bank is reported to have ended. This condition can make customers’ right to get a refund of their money from the disbursement of bank assets or deposit insurance programs become lost. In general, the modus operandi of crime is falsifying the identity or signature of the customer, and the suspect of crime involves a private bank. This condition is also due to the weak function of the bank's internal control. The illicit money, whole or in part, is used to fulfill the interest of the suspect’s life, but some of them are intended to cover an illegal transaction.]]>
<![CDATA[PERLINDUNGAN HUKUM NASABAH DALAM PERJANJIAN TELEMARKETING BANK ]]>
<![CDATA[Poernomo, Sri Lestari]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Telemarketing is one of the banking products. This research is conducted to analyze the validity of the agreement that was born and the offering of banking products through telemarketing, transactions made in telemarketing activities almost entirely do not fulfill the legal agreement requirements, namely contracts because if there are elements of oversight and fraud, the Bank must be responsible if a loss occurs because the bank uses customer data to be referenced to the insurance company that works with the bank. The problem examined is how the validity of the agreement that was born from bank telemarketing activities and the legal protection of its customers, which will be analyzed from theories related to contract law, consumer protection law and banking law, and the implementation and expected solutions]]>
<![CDATA[MODEL PEMBENTUKAN PERATURAN DAERAH YANG IDEAL DALAM PENYELENGGARAAN OTONOMI DAERAH ]]>
<![CDATA[Bunga, Marten]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[This study aims to analyze the model formation of regional regulations in the implementation of regional autonomy. This research method used is included in the type of normative legal research that uses secondary data obtained from library materials in the form of primary legal material. The results of the study indicate that regional regulations in the implementation of regional autonomy are a policy instrument in the implementation of the regional government. Establishment of regional regulations that are in accordance with the interests of the community must implement the principles of regional autonomy and the content of regional regulations must not conflict with higher laws and regulations. The ideal model of regional regulation in the implementation of regional autonomy is the principle of openness and community participation and the harmonization of laws and regulations that regulate it so that the regulations do not overlap.]]>
<![CDATA[KETETAPAN MPR DALAM TATA URUTAN PERATURAN PERUNDANG-UNDANGAN DI INDONESIA ]]>
<![CDATA[Sati, Nisrina Irbah]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[As a result of deliberation and representation based democracy in Indonesia, the UUD 1945 before the amendment presented MPR as the highest state institution that absorbed people's sovereignty, so it gained legitimacy to be a superordinate of state institutions in various branches of power. The MPR’s position as the highest state institution was also accompanied by a legislative function, in which the MPR was able to make its legal product known as Tap MPR. The change in the position of the MPR, which was no longer the highest institution of the state in the constitutional structure since the enactment of The 4th Amendment UUD NRI 1945, also affected the composition of legislation to the existence of the MPR Tap which now only functions as beschikking. Therefore, it is necessary to find out to what extent the legitimacy of the Tap MPR as a statutory regulation is.]]>
<![CDATA[DEWAN PERWAKILAN RAKYAT DAN MAJELIS PERMUSYAWARATAN RAKYAT DALAM PROSES IMPEACHMENT PRESIDEN ABDURRAHMAN WAHID ]]>
<![CDATA[Bergas, Kukuh]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[As a country that uses presidential systems, Indonesia realizes that the role of the president as an executive is powerful. Therefore it is necessary to establish legal rules or supervisory institutions as a counterweight to avoid abuse of authority. The DPR and MPR are legislative institutions whose task is to oversee the performance of the president. If a suspected violation is found, the DPR may submit a proposal for the dismissal of the president. Indonesia's 4th President experienced this case, K. H. Abdurrahman Wahid is also known as Gus Dur, because he was considered to have committed a violation which could potentially lead to the collapse of democracy due to several large cases. Although this research is not the first to analyze this problem, this would provide a more comprehensive study on the removal of Indonesia’s president. Those decisions taken through the controversial legal bases would be analyzed from the perspective of legal, politic, and moral aspects.]]>
<![CDATA[CORPORATE SOCIAL RESPONSIBILITY SEBAGAI PROMOSI PERSEROAN TERBATAS ]]>
<![CDATA[Yusuf, Chandra]]>;
<![CDATA[Purwaningsih, Endang]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[The application of Corporate Social Responsibility (CSR) and Fiduciary Duty in Law No. 40 of 2007 concerning Limited Liability Companies creates a conflict of interest. The problem that arises is the placement of CSR in the company's income statement that will reduce the company's dividend distribution. This violates the principle of "fiduciary duty". Directors of Limited Liability Company must maximize shareholder prosperity. So far, CSR is considered a social activity. To avoid conflicts of interest, CSR must be classified into a promotional account in the financial statements, especially the Balance Sheet. The method used to assess CSR refers to the effects of promotions on investors. Therefore, CSR is not separated from the account in the company's operational costs. Article 1 Paragraph (3) The Limited Liability Company Law No. 40 of 2007 concerning Limited Liability Companies needs to be revised and does not refer to social interests, but the commercial interests of shareholders.]]>
<![CDATA[BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN (BPHTB) ATAS WARISAN, APAKAH WARISAN (DALAM GARIS KETURUNAN SEDARAH) HARUS DIKENAI BPHTB? ]]>
<![CDATA[Silalahi, Eka Wijaya]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Tax is the main element of income for the state treasury so that the tax function is essential in financing all needs in the administration of the state. This study examines and explores whether inheritance can be taxed, especially BPHTB, for inheritance in the form of land or buildings. This study uses a normative juridical method (Library Research) with secondary data as the source. The results of the study indicate that the inheritance (in blood lineage) in the form of land or buildings should not be taxed (Customs and Land Rights Acquisition Fees).]]>
<![CDATA[AWAL MULA IDE PILIHAN HUKUM: SEBUAH NARASI SAMPAI ABAD KE-19 (The Genesis of Choice of Law: A Narrative up to the 19th Century) ]]>
<![CDATA[Penasthika, Priskila Pratita]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[The historical background of contractual choice of law is still hardly discussed in the literature of Indonesian private international law. The available literature merely focuses on the scope and limitation of the choice of law. The choice of law is accepted and discussed as a widely acknowledged doctrine without sufficiently addressing its origin and evolvement until it became the concept as we understand to date. Employing an exposition through the academic literature, this article studies the narrative that began the idea of contractual choice of law up to the end of the 19th century as an intricate idea in private international law.]]>
<![CDATA[POLA PERTANGGUNGJAWABAN RUMAH SAKIT DALAM PENYELESAIAN SENGKETA MEDIS DI INDONESIA ]]>
<![CDATA[Andrianto, Wahyu]]>;
<![CDATA[Achmad Andaru, Djarot Dimas]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Several cases of medical disputes between patients and hospitals include the case of missing baby number 98 at Hasan Sadikin Hospital Bandung in 1987, the false gas case in which O2 Gas is exwith CO2 Gas during an operation at the RSUD M Yunus Bengkulu Hospital in 2001, and the Debora Case at the Hospital The Kalideres Jakarta Family Partner in 2017 — invited various questions about how the hospital as an institution of health service facilities, in this case, is responsible. In the 1945 Constitution Article 34 paragraph 3 explains that citizens have the right to receive proper welfare services, besides Article 1 paragraph 3 of the 1945 Constitution also confirms that the state of Indonesia is a state of law, meaning that all state administration including hospital health services must be based to the law. The pattern of government and hospital responsibility is regulated in the Civil Code (especially Article 1367 of the Civil Code) and the Hospital Law (specifically Article 46).]]>
