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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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KONSTITUSIONALITAS KETETAPAN MAJELIS PERMUSYAWARATAN RAKYAT DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN Fajarwati, Meirina
Jurnal Hukum & Pembangunan
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The Provision of the People Consultative Assembly is a kind and hierarchy of legislations in 2011 Law No. 12 on the Establisment of Law. The Provision of the People Consultative Assembly assignments again in hierarchy of legislation after being eliminated in the hierarchy of legislation with law number 10 years 2004 had created problems because that Provision can’t be judicial review by constitutional court or supreme court. The Provision of the people Consultative Assembly that can’t be judicial review has aroused problems related to exsistence of that Provision as stipulated in law number 12 years 2011
PENERAPAN UJI PROPORSIONALITAS DALAM KASUS PEMBUBARAN PARTAI POLITIK: SEBUAH PERBANDINGAN -, Bisariyadi
Jurnal Hukum & Pembangunan
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The Indonesian Constitutional Court has no jurisprudence related to the application of proportionality test. In comparative law perspective, proportionality test is referred to as "the ultimate rule of law”. This study aims to provide a consideration to the possibility of applying proportionality test when the Constitutional Court needs to deals with the issue of political parties dissolution. In countries that have examined cases of political parties dissolution, the proportionality test is a method of legal reasoning to reach the decision. This studyis conducted by comparing verdicts from national and regional courts, which have dealt with the dissolution of political parties and applying proportionality test.
TINDAKAN HUKUM ADMINISTRASI (NEGARA) PERPAJAKAN YANG DAPAT BERAKIBAT PADA TINDAKAN PIDANA Nursadi, Harsanto
Jurnal Hukum & Pembangunan
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The enormous authority possessed by the fiscus in various matters, particularly in establishing tax reduction or abolition, is prone to abuse. Administrative act in the form of tax decision shall end up as a criminal offense of it is an abuse of authority or unlawful. In fact, there are many fiscus who perform taxation administrative acts that stray beyond the authority for their own personal interests or that of taxpayers. Certainly, theycause state loss; therefore, they can qualify as a criminal offense. Thesebeg a question: which taxation administrative acts are lawful and which ones constitute criminal offense?
IMPLIKASI KEBERLAKUAN KONTRAK KARYA PT FREEPORT INDONESIA PASCA UNDANG-UNDANG NO 4 TAHUN 2009 TENTANG PERTAMBANGAN MINERAL DAN BATUBARA Nefi, Arman; Malebra, Irawan; Ayuningtyas, Dyah Puspitasari
Jurnal Hukum & Pembangunan
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The most fundamental regulations on mining and coal industries are articulted in the Minerba Act of the previous regulation in Law Number 11 of 1967 concerning the Mining Basic Provisions. This regulation has amendedthe requirements of mining consession namely from Mining Authorization and Coal Contract of Work / Coal Contract of Work (KK / PK2PB) to become Mining Business License (IUP), Special Mining Business License (IUPK), and Mining Permit (IPR).This has had an impact on the existing mining contracts in Indonesia including PT Freeport's contract of work. This study discusses issues related to the concept of Contract of Work in Indonesia, legal position of Contract of Work (KK) of PT. Freeport Indonesia after the enactment of Law No. 4 of 2009, the necessity of transferring to Special Mining Business License (IUPK), and Legal Risks caused by the transfer of Contract of Work of PT. Freeport Indonesia to the Special Mining Business License (IUPK).
DILEMA KOMERSIALISASI PENGETAHUAN TRADISIONAL DALAM SISTEM HUKUM INDONESIA: ANTARA PERLINDUNGAN DAN PEMBAGIAN MANFAAT Siddiq, Miqdad Abdullah
Jurnal Hukum & Pembangunan
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The commercial utilization of Traditional Knowledge is intended for the benefit of the national economy, especially for the welfare of indigenous peoples as the owners of Traditional Knowledge. Indonesia, which has many indigenous peoples, also has a widevariation of Traditional Knowledge. With the opening of opportunities for parties other than the owners of Traditional Knowledge to utilize the Traditional Knowledge, setting the regulatory governing the commercialization of Traditional Knowledge becomes increasingly strategic. So that the management of the protectionfor Traditional Knowledge in Indonesia has become a very urgent need. In the absence of adequate Traditional Knowledge protection regulations, Traditional Knowledge-related violations will continue to occur. In addition, the utilization of Traditional Knowledge related to its commercial use shall establish the principle of equitable sharing of benefit to indigenous peoples as the original owners of such Traditional Knowledge. Benefit sharing can be represented in the form of monetary compensation and non-monetary compensation.
HUBUNGAN KEPERDATAAN ANTARA ANAK LUAR KAWIN DAN ORANGTUANYA: STUDI PERBANDINGAN DENGAN HUKUM KELUARGA DI BELANDA Latumahina, Rosalinda Elsina
Jurnal Hukum & Pembangunan
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Post Constitutional Court Decision No. 46 / PUU-VIII / 2010 dated February 17, 2012 on the amendment of Article 43 paragraph (1) of Marriage Act, many questions still raised regarding the implementation of the aforementioned article to establish civil relations between children born out of wedlock and their parents, especially with the father. The verdict by Supreme Court that rejected the lawsuit by Hj. Aisha Mochtar regarding legal status of her son, as well as several other court decisions indicate that there are various interpretations of the Article so that Article 43 paragraph (1) of Marriage Act cannot be implemented properly. It makes the author feel the necessity to do a comparative study with other country. The option to do a comparative study imposed on Dutch Law because the Dutch Civil Code / Nieuw Burgelijk Wetboek prevailing in the Netherlands today is the development of BW which is still in force in Indonesia. The results shows that the regulation of civil between children born out of wedlock and their parents in the Netherlands has given a better legal protection and legal certainty for children born out of wedlock than the applicable law in Indonesia.
GAGASAN PENGADILAN KHUSUS UNTUK SENGKETA HASIL PEMILHAN KEPALA DAERAH Ayuni, Qurrata
Jurnal Hukum & Pembangunan
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The Constitutional Court in Decision Number 97 / PUU-XI / 2013 states that the dispute over the head of region election is not included in the authority of its constitutionality. The Lawmakers follow up this ruling by initiating a special judicial body that will hear disputes over the results of head of region election. Special judicial bodies should have been formed before the head of region election simultaneously. In the transitional period, before the establishment of a special judicial body, disputes over the results of head of region election are still handled by the Constitutional Court in 2015 and 2017. This study aims to seek and provide an overview of the options for the form and design of special courts of head of region election such as through the State Administrative High Court, Election Supervisory Board and remain in the Constitutional Court. This paper suggests the existence of a judicial body that will handle disputes over regional head elections that will provide legal certainty for the democratic process in Indonesia.
PENGELOLAAN LINGKUNGAN MELALUI IZIN TERINTEGRASI DAN BERANTAI: SEBUAH PERBANDINGAN ATAS PERIZINAN LINGKUNGAN DI BERBAGAI NEGARA Wibisana, Muhammad Andri Gunawan
Jurnal Hukum & Pembangunan
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Environmental permit is considered to play a central role in environmental management. There has been a growing intention in Indonesia for an integrated permit system, either in terms of internal integration, in which all environmental permits are integrated into a single permit, or external integration, in which environmental permits are integrated with business/activity license. This paper attemps to answer the questions of whether both ways of integrating environmental permits have been implemented in Indonesia. The paper also observes that although some contries have integrated various permits into a single environmental permit, the link between environmental permit and business/activity license remains unclear. More importantly, it is found that in many countries many business activities are not required to have a business license. For these activities, it might be the case that environmental permit is the only permit required, and hence, the revocation of the permit might result in the termination of the activities
KONSTITUTIONALITAS UNDANG-UNDANG NO 16 TAHUN 2017 TENTANG PENETAPAN PERPPU NOMOR 2 TAHUN 2017 TENTANG ORGANISASI MASYARAKAT DITINJAU DARI UUD 1945 DAN KONSEP NEGARA HUKUM (RECHSTAAT) Kurniawan, M. Beni
Jurnal Hukum & Pembangunan
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This research is a normative study that is perscriptive in order to provide solutions to the problems of Civil Society Organizations in Indonesia. This paper study theConstitutionality of Article 61 and 62 of Act Number 16 of 2017 on Stipulating Government Regulation In Lieu of Law No. 2 of 2017 which regulates the Dissolution of CSOs if reviewed from the 1945 Constitution and the Rule of Law’s Concept. As a result of the research can be concluded that Article 61 and 62 of Act Number 16 of 2017 On Stipulating Perppu No. 2 of 2017 which gives authority to the government to dissolve CSOs unilaterally is Inconstitutional because Contrary to Article 1 paragraph 3 of Indonesia as a State of Law and Article 28 E paragraph 3 concerning freedom of association. And also there needs to be a revision of Government Regulation In Lieu of Law No. 2 of 2017 with still giving authority to the Judicial Boards (MA or MK) in deciding the dissolution of CSOs. It is also necessary to limit the time to the Judicial Boards in deciding cases of the dissolution of CSOs, to avoid an uncertain case and an inefficient time
PERINGKAT ARUS INVESTASI INDONESIA DALAM KERANGKA ASEAN-CHINA FREE TRADE AGREEMENT (PERBANDINGAN DENGAN SINGAPURA, MALAYSIA, THAILAND, DAN VIETNAM) DITINJAU DARI PRINSIP FAIR AND EQUITABLE TREATMENT Putri, Resha Roshana; Chandrawulan, An-An, Prof.; Amalia, Prita
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In the investment sector in ASEAN-China Free Trade Agreement, all host countries are obligated to give the protections and legal certainty for investors in fair and equitable treatment principle. The investment relation in ACFTA is not only talking about the relation between Indonesia and China, but also how Indonesia shall compete with another ASEAN member states. Authors use juridical normative research method with literature studies. This research shows that Indonesia has not completely implemented the fair and equitable treatment for Chinese investors. There are the needs for changes in giving the protections for investors, specially in law and administration sides. The aim of giving this principle is to increase the investment flows between Indonesia and China

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