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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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PUTUSAN PENGADILAN PIDANA SEBAGAI DASAR PENGAJUAN GUGATAN PERBUATAN MELAWAN HUKUM TERKAIT PELAKSANAAN UANG PENGGANTI Anindita, Sri Laksmi; Adnan, Lazuardi
Jurnal Hukum & Pembangunan
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Since Indonesia has known and enforced the concept of tort, an act regarded as tort is not only actions contrary to the law, but an act that violates the principles of propriety, the principles of thoroughness and cautionary principle also included in tort. Around 2010, it was found that the act of not fulfilling the decision of court which has binding power associated for compensatory money in cases of corruption becomes the basis of a tort lawsuit, where the problem is that court verdict is not a main legal source for countries which adopt civil law such as Indonesia. Therefore, this paper will explain more on regulation regarding lawsuit filing pursuant to Article 1365 Civil Code, particularly in terms of not implementing court decisions with binding power related to the fulfillment of payment of compensation in corruption
JAMINAN DAN AGUNAN DALAM PEMBIAYAAN BANK SYARIAH DAN KREDIT BANK KONVENSIONAL Fitriani, Ifa Latifa
Jurnal Hukum & Pembangunan
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If we look into the collateral and additional collateral concept in conventional banking and Islamic banking, it has different fundamental background and principle. Collateral in conventional banking system appears due to the position and condition of the creditor-debitor relationship. The relationship has implicedto present the legal obligation of collateral things according to Article 1131 Book of Civil Law in every credit transaction. Islamic banking system has taken the consept of collateral from Rahn and kafalah, eventhough the reality shows the practice of collateral and additional collateral still using legal collateral norm of Indonesia’s positive law sistem that based on Westren law
CAMPUR TANGAN PEMERINTAH DALAM PENGELOLAAN LINGKUNGAN: SEBUAH PENELUSURAN TEORETIS BERDASARKAN ANALISIS EKONOMI ATAS HUKUM (ECONOMIC ANALYSIS OF LAW) Wibisana, Muhammad Andri Gunawan
Jurnal Hukum & Pembangunan
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Government intervention in environmental management can be considered to fall within CAC instruments. Despite the instruments are the most familiar and practiced, they are criticized since the CAC approach requires too much government intervention. This article observes that government intervention can be justified as an effort to correct market failures. The article also finds that intervention is warranted for some distributive reasons. However, the article also observes possibility that an intervention occurs due to regulatory capture by interest groups, to serve the interest of bureaucrats, or to function as a tollbooth. Indonesian environmental law shows that these CAC instruments still play a major role in environemtal management in Indonesia
ANALISIS YURIDIS TERHADAP ASAS EFISIENSI BERKEADILAN BERDASARKAN PASAL 33 AYAT (4) UUD 1945 DALAM PERATURAN PERUNDANG-UNDANGAN DI BIDANG KETENAGALISTRIKAN Anugroho, Adhi; Lestarini, Ratih; Hayati, Tri
Jurnal Hukum & Pembangunan
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This thesis discusses the implementation of the principle of "equitable efficiency" as contained in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment in legislations concerning electricity. This research analyzes how the Constitutional Court interprets the element of "equitable efficiency" in the constitutional reviews Electricity Law. This article concludes that the meaning of "equitable efficiency" in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment is that the national economy should be organized to use the least amount of resources to achieve the greatest amount of welfare which could be enjoyed equitably by the all citizens. In regards to Indonesia's electricity sector, it was found that each electricty regulation has embodied at least one aspect of the principle of "equitable efficiency".
THE AUTHORITY OF THE FINANCIAL SERVICES AUTHORITY (OJK) IN PUBLISHING INSURANCE REGULATION IN THE PERSPECTIVE OF INSURANCE LAW IN INDONESIA Fauzi, Wetria
Jurnal Hukum & Pembangunan
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Legal basis of the formation of the Financial Services Authority (OJK) is based on the Article 34 of the Law No. 3 of 2004 on Bank Indonesia. The legislation process was then approved and endorsed the Law No. 21 of 2011 on the Financial Services Authority (OJK). Article 6 of the law gives the OJK authority to supervise both for bank and non-bank financial institution, including insurance agencies. Article 5 of the Insurance Law, OJK is given a mandate to make a regulation to expand the scope of the insurance business activities in accordance with the needs of the society. One of the businesses is investment-based insurance. Regulations made by OJK must not be contrary to the Insurance Law itself. One issue is found on the draft of the OJK regulation regarding the permissibility of general insurance conducting investment-based insurance business.
RECLAIMING JAKARTA’S NORTH COAST: PERSPECTIVES FROM THE DEFENSE, SECURITY, AND CONSTITUTIONAL ASPECTS Setijawati, Vera Wheni
Jurnal Hukum & Pembangunan
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Indonesia’s sea territory is particularly important in uniting the country, as the sea is a medium for interconnectivity; a medium for national integrity; a medium for resources; a medium for diplomacy; and a medium for national defense and security. This paper will focus on the sea’s significance to Indonesia’s national unity in its role as a medium for interconnecting the country’s many islands, and the implications thereof to Indonesia’s national security and defense. This paper will within this context discuss in particular the reclamation of Jakarta’s north coast. This research applies a normative empirical methodology, and intends to provide a scientific basis for the argument that as Jakarta’s coastline is crucial in terms of national defense and security matters, the coastline should therefore be managed by a state agency and remain publicly accessible.
PENGISIAN JABATAN ANGGOTA BADAN PEMERIKSA KEUANGAN (BPK) UNTUK MEWUJUDKAN BPK YANG INDEPENDEN Simanjuntak, Dumaria
Jurnal Hukum & Pembangunan
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BPK as the only external audit institution that is equal to other state institutions whose responsibility to audit the state finance's management and accountability should be far apart from political parties' interests. However nowadays some of the chief-persons of BPK are involved in political parties' interests morever become suspects in some corruption cases. To establish BPK as independent and professional institution, chief-person position charging must be free from political parties' interests. This essay exposes the development of regulation of BPK chief-person position charging as main topic analysis. The conclusion of the research is there was advance development in regulation related to BPK chief-person position charging, in term of mechanism and charging duration.
PENGGUNAAN PRINSIP DE MINIMIS PADA CIPTAAN PROGRAM KOMPUTER BERDASARKAN UNDANG-UNDANG NO. 28 TAHUN 2014 TENTANG HAK CIPTA Wardhana, Kesuma
Jurnal Hukum & Pembangunan
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Based on Indonesia’s current law, computer program is considered as a copyrightable works in accordance to Act No. 28/2014, which has accommodated computer program as a unique works that needs its own kind of protection. The act in question, unfortunately, is far from perfect, and has its own shortcomings, particularly because it doesn’t regulate nor state what elements it’s supposed to protect. This research therefor hopes to create boundaries and approaches that can be used both on a copyright infringement cases and to create a better legislation concerning the protection of computer program by the use of the de minimis principle
KONSEP BELA NEGARA DALAM PERSPEKTIF KETAHANAN NASIONAL Soepandji, Kris Wijoyo; Farid, Muhammad
Jurnal Hukum & Pembangunan
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The 1945 Constitution of the Republic of Indonesia in an explicit manner stipulates that every Indonesian citizen has the obligation to participate in defending the state. This is stated on the article 27 clause 3 of the Constitution, which reads, “Each citizen shall have the right and duty to participate in the effort of defending the state”. In a more specific manner, state defending is also stated on article 9 clause 1 and 2 of the Law number 3 year 2002 on the State Defence. The article mentions that the effort on state defending is elaborated in the performance of state defence, which includes civic education, compulsory basic military training, voluntary or compulsory service in Indonesia Armed Forces, and professional service. However, at practical level, the effort on state defending has not yet been performed in a systematic manner, particularly with the absence of comprehensive state defending education system for young generation. This circumstance may affect to the national resilience, which is related to the dynamics of geopolitics. This article suggests a system of state defending education, starts from secondary (junior high school and senior high school) to the preparation for tertiary education levels or entrance into workforce. In the future, the system may become reference for the formulation of concept on curriculum, as well as policy and regulation on state defending
DELIK TERHADAP KEAMANAN NEGARA (MAKAR) DI INDONESIA (Suatu Analisis Yuridis Normatif pada Studi Kasus Sultan Hamid II) -, Anshari
Jurnal Hukum & Pembangunan
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This research is normative study (doctriner) to crime against state security (Makar) in Indonesia, this criminal act compared with a study to one case, which is accusation about “makar” or “rebellion” to Sultan Hamid II during 1950-1953. The definition from criminal act aginst state security regulated in Section One Book Two Criminal Code (KUHP). Core from this criminal act that forbidden is that Makar (Aanslag) and Rebellion (Opstand). In practical also in Indonesian history, often found cases about law violation in Indonesia that are actually not neccessarily include violation about attempt against state security. But the goverment as political leader, to criminal offender often charged with articles about criminal act against state security or rebellion. Study to see the implementation on regulation about makar, then can see by case study to controversial case Sultan Hamid II during 1950-1953. Which is can see country objectivity in judging a makar case.

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