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INDONESIA
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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KEBIJAKAN PERLINDUNGAN ANAK KORBAN KEJAHATAN SEKSUAL DI CIREBON Rahman, Nur; Sarip, Sarip
Jurnal Hukum & Pembangunan
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This research is motivated by the local media in Cirebon since May 2016-2018 cannot be separated from the discussion and data that Cirebon is categorized as an emergency of child violence. The category of emergencies can be known from data on the increase in child violence in 2016 with 30 cases recorded, in 2017 there were 126 cases, and in early 2018 it increased to 147 cases. What is the ideal policy for realizing child protection? What steps should be taken by the regional government in Cirebon in responding to areas that are included in the emergency situation of child victims of sexual crimes? The method used in this study uses a normative juridical method approach, starting from the provisions of the legislation and examined in the field to obtain supporting factors and obstacles. In Cirebon itself sexual violence as reported by the media is still high and requires government policies that favor children. Government policies in Cirebon are very confusing for the people in Cirebon itself, especially regarding violence against children.
PENGUATAN KAPASITAS LPD DESA ADAT DI BALI MELALUI PENYURATAN AWIG-AWIG Suwitra, I Made; Selamet, I Ketut; Datrini, Luh Kade
Jurnal Hukum & Pembangunan
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The Village Credit Institution (LPD) owned by Desa Adat in Bali is oriented to strengthen the economy of indigenous peoples (krama adat) through lending (loans) and savings. The main source of capital for LPDs is the commitment and trust of all village manners which are submitted through the Adat Village Management Board (Prajuru) and the LPD Board. The strengthening of LPDs is in its management and accounting system and its supervision, because it is not uncommon for LPDs that are already large due to weak monitoring systems, poor management and accounting systems to misuse LPD funds utilization which causes LPD to no longer be operational or temporarily bankrupt like LPD in Adat Selulung Village, Kintamani Bangli. The bankruptcy of the LPD was also caused by the weakness of the Prajuru Adat in taking quick steps to replace corrupt officials on the one hand, while on the other hand it did not abolish its obligation to return funds that could not be accounted for through the imposition of civil sanctions or those known as pamidanda (sanction) in awig-awig.
OPTIMALISASI FUNGSI PENGAWASAN DEWAN ETIK MAHKAMAH KONSTITUSI Jurdi, Fajlurrahman; Hanapi, Rizqa Ananda; Hidayat, Taufik
Jurnal Hukum & Pembangunan
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Violations of law and code of ethics performed by the constitutional judge shows that there is abuse of power within the court. The existence of Board of Ethics has questioned due to these violation and accused for not being able to perform its function in maintaining the dignity of the court. This concludes that the optimization of the function of the Board of Ethics are necessary. This is a normative and doctrinal research with several approaches. This research explains that board of ethics needs several changes within its body, such as: 1) boarden the board’s authority from investigating reports and allegations of violation, to performing fact-findings and tracing the indications of violation; 2) adding staffs to support the board; and 3) regulating the board and the structure under The Law on Mahkamah Konstitusi.
PENGATURAN DAN PRAKTEK PRAPERADILAN TINDAK PIDANA PAJAK DI INDONESIA Sofian, Ahmad; Hasibuan, Batara Mulia
Jurnal Hukum & Pembangunan
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Pretrial is an institution to control and correct law enforcement which are deemed to have violated mechanisms established in procedural laws. The correction is not aimed to look into the aspects of the alleged criminal case but determine whether “rules of the game” established in the formal criminal law have been implemented properly or not. In practice, tax payers being involved in tax criminal cases often file pretrial motion although tax investigators actually have applied the principles of formal criminal law in legal measures they take. There are often different interpretations of laws and regulations used in pretrial institution for tax crimes. Therefore, it is recommended to strengthen civil servant investigators of the Directorate General of Taxation by improving their skills and technical capacity in the investigation process of tax crimes and develop a Standard Operating Procedure through Regulation of the Minister of Finance on the Determination of the Suspect, Search and Confiscation so that legal measures that they take will be more measurable and the number of suspects of tax crimes who will file pretrial motion will decrease. Or, when they file pretrial judges will make the best decision for their cases.
TINDAK PIDANA PENCEMARAN NAMA BAIK MELALUI FACEBOOK MENURUT KUHP DAN UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG ITE Subekti, Arif Satria; Pradana, Novian Ardynata Setya; Ardhira, Ajrina Yuka; Zulfikar, Mukhammad Tismandico Ilham
Jurnal Hukum & Pembangunan
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The size of an action can be named as defaming the reputation of others is still unclear because many factors must be studied. In the case of defamation or defamation that is protected, the protection of others for the other person's point of view is protected and the agreed name in the eyes of others. Someone even the authorities will face us to account for a word that we have made against someone. Being asked to act disgracefully can help fight in the community. More than that, in solving problems, the legal people are actually required to really determine the normative, in the sense that the word to settle a criminal case must be firmly grounded in the existing legislation. In contrast to the field of Civil Law or other areas of Law, Criminal Law has a Legality Principle that discusses new actions that can be convicted if there are already written legal rules issued before the action is taken.
BISNIS DAN HAK ASASI MANUSIA DI INDONESIA: MEMBANGUN KONTEKS DENGAN LENSA PENCEGAHAN KEKEJAMAN MASSAL Citrawan, Harison
Jurnal Hukum & Pembangunan
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Some efforts to contextualize the United Nations Guiding Principles on Business and Human Rights in Indonesia have been dominated by normative compliance review on the existing national regulations to the norms enshrined under the Principles. This article shall be divided into three parts, commencing from a brief socio-historical description on the landscape of law and development in Indonesia; along with how law and human rights adapted towards the relation between state and corporation since the colonial era. The analysis shall proceed to the types of human rights violation as a result of corporations activities, specifically in natural resource extraction sector. Lastly, an analysis shall be directed to the potential application of mass atrocity lens as a part of integrative efforts on the business and human rights principle into Indonesias context.
PERLINDUNGAN DATA PRIBADI PENERIMA PINJAMAN DALAM TRANSAKSI PINJAM MEMINJAM UANG BERBASIS TEKNOLOGI INFORMASI (PEER TO PEER LENDING) Agusta, Hendrawan
Jurnal Hukum & Pembangunan
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The development of information technology is very rapid, the collaboration between information technology and various fields of life bring in to various kinds of innovations that make peoples lives easier. Innovations in information technology bring in to new business models which in turn can produce efficiency for the community. The information technology revolution continues to grow and now entering the financial sector which is highly regulated. Collaboration between information technology and finance bring in to Financial Technology (Fintech), which is information technology-based money-lending (Peer to Peer Lending/P2P Lending). It is easier for people to access their financial needs through P2P Lending. On the other hand, challenges arise in P2P Lending regarding data protection (personal data, transaction data and financial data). In this research, only the personal data of the Borrower will be discussed, where the personal data needs to be protected so there is no misuse that causes legal problems.
PARENTAL RESPONSIBILITY OF CHILDREN CRIME IN INDONESIAN CRIMINAL ADAT LAW Fardiansyah, Ahmad Irzal; Suseno, Sigid; Rukmini, Mien; Sulistiani, Lies
Jurnal Hukum & Pembangunan
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Children who are in conflict with the law cannot be separated from the responsibilities of parents as the first party in the childs environment. The relationship between parents and children is a harmonized relationship from a strong emotional connection on the basis of blood relations. This situation makes parents unable to release and be released responsibility for their childrens behavior. When children are faced with the law, policies to take over the responsibility of supervising children from parents, by denying that parents actually have the opportunity to deal with the problems of children who are dealing with the law are more often chosen. Even though the responsibility is transferred from the parents, they will find it difficult to rebuild the relationships they previously had with their children. This connection shows that parents also play a role when their children commit criminal acts indirectly.
PEMANFAATAN TEKNOLOGI CLOUD COMPUTING DALAM REFORMASI BIROKRASI GUNA MEWUJUDKAN KEJAKSAAN YANG PROFESIONAL, KOMUNIKATIF DAN AKUNTABEL Sudirdja, Rudi Pradisetia
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Cloud computing is so populer and it has become a hot word in the tech world, especially in the era of industrial revolution 4.0 which requires speed, accuracy and precision in the business process. Cloud computing is a combination of the use of computer technology (computing) and Internet-based development (cloud), resulting in a model of processing activities, storage, software and other services provided as an integrated virtual source on an internet network. This paper examines the use of cloud computing in the implementation of bureaucratic reforms, improving the quality of prosecutors professionalism, and providing communicative and accountable public prosecutors. The results show: (1). Cloud computing is able to accelerate the implementation of the business (process), so relevant is applied in assisting bureaucratic reform in the Attorney. (2). Utilizing cloud computing by making it a data bank or digital library will facilitate prosecutors in accessing Legal Resources as well as Technical Guidance of the Attorney, thus promoting professionalism. (3). Cloud computing can serve as a means of communication as a means of retaining public performance that is easily accessible to the public.
PEMBERLAKUAN SISTEM SATU ORANG SATU SUARA (ONE MAN ONE VOTE) DALAM PEMILIHAN PENGURUS DAN PENGAWAS PERHIMPUNAN PEMILIK DAN PENGHUNI SATUAN RUMAH SUSUN Stevenson, Jerry; F. R., Mella Ismelina
Jurnal Hukum & Pembangunan
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Article 19 Regulation of the Minister of Public Works and Public Housing Number 23 / PRT / M / 2018 concerning the Association of Owners and Occupants of Apartment Units enforces the election of Management and Supervisors of the Association of Apartment Owners and Residents of Apartment Units only by the most votes (without prioritizing deliberation) and with one person one vote system, and with conditions that only the Owner can fulfill. Thus it can be agreed that the election of Management and Supervisors of the Association of Owners and Occupants of Apartment Units is a voting right. The purpose of writing this thesis is to see or reveal the background or considerations of the application of the one man one vote system in the selection of the Management and Supervisor of the Association of Owners and Managers of Apartment Units, and to analyze the extent to which these provisions are contrary to the principle of voting rights in the field of Flat Law.

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