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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 521 Documents
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LEGAL CERTAINTY FOR FOREIGN INVESTORS IN COAL MINING IN INDONESIA Velentina, Rouli Anita Velentina Anita
Jurnal Hukum & Pembangunan
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Since 2009, there have been significant regulatory changes in coal mining in Indonesia, beginning with the enactment of Law No.4 of 2009 concerning Mineral and Coal Mining, which replaced the prior system of contracts and mining authorizations (Kuasa Pertambangan; KP) with mining business permits (Ijin Usaha Pertambangan; IUP). There are two types of IUP: exploration and production operation. Then, the mechanism of Clean and Clear was created to reduce the large numbers of overlapping licenses. This article explores Indonesian regulatory changes and court rulings in coal mining and clarifies share divestment requirements for foreign investors in Indonesian coal-mining operations, which should not be classified as indirect expropriations.
POLEMIK JANGKA WAKTU PENGAJUAN GUGATAN KE PENGADILAN TATA USAHA NEGARA Marvin, Renius Albert; Erliyana, Anna, Prof.
Jurnal Hukum & Pembangunan
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The period of 90 (ninety) days to file a claim in the Administrative Court (PTUN) plays an important role because if the period is passed, the Administrative Decision (KTUN) can not be claimed even if the KTUN contains defects. The basic principle of regulation the period for filing a claim to the Administrative Court is determined explicitly in Article 55 of the Law of Administrative Courts, which is 90 (ninety) days after the KTUN is received or announced which can be applied in several variables that prove the opportunity for everyone can take legal action if the Administrative Decision issued has violated the laws and regulations and the principles of good governance. However, the time limit for filing a claim to the Administrative Court is also felt to have hurt the sense of justice and limits human rights to defend their legal rights and interests.
PENYELESAIAN PERKAWINAN YANG TIDAK MEMENUHI SYARAT PERKAWINAN MELALUI ISBATH NIKAH Latupono, Barzah
Jurnal Hukum & Pembangunan
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Marriage is a spiritual bond between a woman and a man as husband and wife to form a happy and eternal family based on the Godhead. For that marriage must be done by fulfilling the rules of marriage law in accordance with applicable law. One of the requirements for a marriage is in accordance with Article 6 of the Marriage Law No. 1 of 1974 is: A person who is still bound by a marriage with another person cannot remarry except to fulfill the provisions of Article 3, (2) and article 4. If this point is not fulfilled, and the parties continue to carry out the marriage, then this marriage is deemed not legitimate. because marriages that are carried out are only legal according to religious law, but will not get recognition from the state, so when they are going to divorce they must keep their marriages. Isbath marriage even though for the purpose of divorce, but of course this will legalize the marriage, because by doing marriage isbat means automatically there is state recognition of marriage that was previously considered illegal.
DINAMIKA PENGELOLAAN ZAKAT OLEH NEGARA DI BEBERAPA PROVINSI DI INDONESIA PASCA UNDANG-UNDANG NO. 23 TAHUN 2011 Aziz, Muhammad Izzuddin Abdul; Susetyo, Heru
Jurnal Hukum & Pembangunan
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This article is derived from research conducted by the authors in some provinces in Indonesia. The focus of the research is the administration of zakat (alms) by the state, in this case, is BAZNAS at various provinces in Indonesia in the aftermath of Law No. 23/ 2011 on Zakat Administration. The authors select two provinces where Muslim inhabitants are a minority, namely in North Sulawesi and East Nusa Tenggara (NTT) and three provinces where Muslims are majority namely in Aceh, West Nusa Tenggara, and Gorontalo. There is three focus of questions: 1. The practice of zakat administration by the BAZNAS; 2. The performance of BAZNAS; and 3. The practice of zakat administration by non-state actors in selected provinces. The findings of this research are: the performance of zakat administration is very dependent on the number of zakat administrators (amil) and zakat payer, the professionalism of BAZNAS and legislation support from the provincial government through a specific local ordinance on zakat.
PENERAPAN ASURANSI LINGKUNGAN HIDUP PADA PEMANFAATAN LAHAN GAMBUT DI SEKTOR KEHUTANAN Prasetiyo, Hari; Tanjung, Kurnia Togar P.; Jordan, Jeremy
Jurnal Hukum & Pembangunan
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Forest and land fires, especially on peatlands that often occur in Indonesia, have a huge negative impact both for the environment and for the community. The enforcement of civil law to obtain compensation for damages to the environment and the community must be obtained. The basic use of civil liability through absolute responsibility can be made for activities or businesses within a peat ecosystem or have an impact on the peat ecosystem. The basic use of civil liability through strict liability can be made for activities or businesses within a peat ecosystem or have an impact on the peat ecosystem. In practice, however, it is not necessarily that the polluter can fulfill their compensation fully because there are insolvency problems. Environmental insurance can overcome these problems with the risk transfer mechanism. The issuance of PP no. 46 of 2017 on Economic Instruments provides a way for the implementation of environmental insurance in Indonesia. This research is conducted through a normative juridical method by looking at legal materials that have binding legal force such as legislation.
ANALYSIS ON THE EFFECTIVENESS OF “UNBUNDLING” AND “OPEN ACCESS” IN INDONESIAN GAS BUSINESS SECTOR Aritonang, Parulian Paidi
Jurnal Hukum & Pembangunan
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Natural gas is a very important non-renewable natural resource that controls the lives of many people. Therefore, the exploitation and utilization of natural gas must be carried out wisely and for the greatest prosperity of the people. This is mandated in Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia that "Earth, water and the natural resources contained therein are controlled by country and used for the greatest prosperity of the people". With the promulgation of Law Number 22 the Year 2001 concerning Oil and Gas, there has been restructuring in the implementation of natural gas exploitation through pipelines in Indonesia. The law provides more space for private entities to engage in gas exploitation with the purpose to create healthy competition, transparency, improving national development, efficiency in exploiting natural gas and to develop competitive price so that the end consumer can enjoy the benefits. By its implementing regulations, namely, the Regulation of the Minister of Energy and Mineral Resources Number 19 of 2009, natural gas exploitation through pipelines is carried out through an “unbundling” and “open access” mechanism.
MENULIS DI JURNAL HUKUM: GAGASAN, STRUKTUR, DAN GAYA Wibisana, Andri Gunawan
Jurnal Hukum & Pembangunan
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Writing articles in a law review is different from writing an opinion in a newspaper or articles in other types of journals. Indonesian authors often fail to indicate the problems to be discussed, the proposed thesis statement or idea (claim), and the structure of the article. They also write too descriptive and employ very limited references. This paper aims to support the authors to find out important aspects in formulating a good legal article. For this reason, this paper explains that an article must contain the claim, and be novel, non-obvious, and useful. This paper also explains the importance of the introduction of an article and explains how to start the introduction. The article demonstrates the importance of the structure of articles, references, and languages. By knowing and taking into account the elements of good articles, Indonesian authors would be able to produce articles with quality comparable to that of reputable international journals. In this case, the only problem for a publication in reputable international law journals would only be a matter of writing an article in English and no longer of the quality of the article.
MENGGAGAS PEMBATASAN PEMBENTUKAN DAN MATERI MUATAN PERPPU: STUDI PERBANDINGAN PENGATURAN DAN PENGGUNAAN PERPPU DI NEGARA-NEGARA PRESIDENSIAL Arsil, Fitra
Jurnal Hukum & Pembangunan
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Government regulation in lieu of law or ‘Perppu’arrangement in Indonesia is more limited than other types of emergency regulations issued by the president in various countries. Such arrangement apprently is not sufficient to be considered as limiting the issuance of the emergency regulations. Some presidential state countries have made changes to provide sufficient restrictions to presidential legislative power. The limitation is not only in terms of its formation procedures but also on the material which can be regulated by the Perppu. Therefore, lessons from other jurisdictionsindeed inspires Indonesia to limit the pasage of Perppu
PUTUSAN SENGKETA LAUT CHINA SELATAN SERTA IMPLIKASI HUKUMNYA TERHADAP NEGARA DISEKITAR KAWASAN TERSEBUT Darajati, Muhammad Rafi; Adolf, Huala; -, Idris
Jurnal Hukum & Pembangunan
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One of interesting developments about the global security is the issue of territorial disputes in the South China Sea between Philippines and China. Philippines has brought the dispute to the Permanent Court of Arbitration. The ruling from Permanent Court of Arbitration said that China’s claim about a nine-dash line does not have a legal basis. However, China rejects the ruling and remains aggressive which might cause instability in South China Sea region. This research aims to look at the implications of the ruling of the Permanent Court of Arbitration for State Parties and states around the South China Sea region. Authors use juridical normative research method with literature studies. This research shows that States Parties have to implement and respect the ruling because it has already become the source of international law. For the states that located around the region, the ruling also has an effect to facing China’s aggressiveness and rules handling maritime claims in the South China Sea region.
KEBIJAKAN PERTANAHAN BAGI WNI KETURUNAN TIONGHOA DI YOGYAKARTA: DISKRIMASI ATAU DISKRIMINASI POSITIF Lestarini, Ratih
Jurnal Hukum & Pembangunan
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This paper intends to examine the enforcement of land policy related land rights for Indonesian citizens of Chinese descent in the Territory Special Region of Yogyakarta. In this context, they can only be granted land rights in the form of HGB, not allowed to obtain property rights to land in Yogyakarta. This restriction is considered as a different treatment of citizens of Chinese descent. This issue becomes important to be discussed considering the Law No. 5 of 1960 on Agrarian Principles ensuring the arrangement of land tenure is directed to be utilized for all Indonesian citizens without exception in a fair manner. The discussion of the issue will be further elaboratedusing the perspective of the sociology of law in order to explain how the people of Yogyakarta responded to such policy.

Page 18 of 53 | Total Record : 521

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