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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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PELUANG PENYELESAIAN SENGKETA PERDATA TENTANG TANAH MELALUI ALTERNATIVE DISPUTE RESOLUTION DENGAN ASAS-ASAS HUKUM PERJANJIAN DI DALAMNYA Wiguna, Made Oka Cahyadi
Jurnal Hukum & Pembangunan
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Abstract

The current developments, there are many land disputes that are vertical or horizontal. Issues concerning land affairs are often caused by salim claims over land rights. The intended land dispute is a civil dispute concerning the land. Achieving a win-win solution in the settlement of civil disputes over land is relatively difficult to materialize, if the settlement is resolved through a trial (litigation). The choice of law that can be chosen to obtain and realize a win-win solution in solving civil disputes over land is of course through alternative dispute resolution. By way of negotiation, mediation and conciliation. In the course of the settlement of civil disputes over land settled through alternative dispute resolution, the settlement can not ignore the applicable legal principles of the treaty, namely the principle of freedom of contract, the principle of good faith, the principle of consensualism, the principle of pacta sunt servanda and the principle of personality
INTERNATIONAL CHILD ABDUCTION: BAGAIMANA INDONESIA MERESPONNYA? Penasthika, Priskila Pratita; Arijati, Lita; Anggriana, Annissa Gabianti
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Wrongful removal or retention of a child outside the state of his or her habitual residence is known as international child abduction. The Hague Convention on the Civil Aspects of International Child Abduction 1980 established procedures to ensure the prompt return of the internationally abducted child to the state of his or her habitual residence. By discussing the international child abduction cases involving Indonesia, this article demonstrates the obstacles in returning those internationally abducted children. This discussion is undertaken by taking into account the difference in qualifying the concept of international child abduction in Indonesian law and the Hague Convention 1980.
PROBLEM KEWENANGAN MAHKAMAH KONSTITUSI MEMUTUS PERSELISIHAN HASIL PILKADA Albab AF, M. Abid Ulil
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Initially the election was included in the regional autonomy government regime, so that the settlement of election disputes was under the authority of the Supreme Court. Then the legislators put the election into the electoral regime and formed Law No. 12 of 2008 concerning Regional Government which in Article 236C of the Law states that the settlement of election disputes was transferred and resolved in the Constitutional Court. On May 19, 2014 the Constitutional Court granted the examination of Article 236 C of Law No. 12 of 2008 related to the authority of the Constitutional Court to decide on disputes over election results, because the Constitutional Court considered that the article was contradictory to the 1945 Constitution (unconstitutional). In Islamic law when there are regional head elections which then lead to disputes about who is a legitimate leader who has the right to receive bai'at, it must be proven through examination of witnesses and evidence. For this reason, it must be known in advance about who is most authorized to try the matter, whether the Supreme Court or the Constitutional Court.
REKONSEPTUALISASI JUDICIAL PARDON DALAM SISTEM HUKUM INDONESIA (STUDI PERBANDINGAN SISTEM HUKUM INDONESIA DENGAN SISITEM HUKUM BARAT) Farikhah, Mufatikhatul
Jurnal Hukum & Pembangunan
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Judicial Pardon in Indonesia is the result of comparative studies with several countries including the Netherlands, Greece, Portugal and Uzbekistan. The author tries to discover what legal system underlies the concept of Judicial Pardon applied in some countries and how the concept of judicial pardon is most compatible with the Indonesian Law System. This paper is based on normative legal research with a Historical Approach, Comparative Approach, and conceptual approach. Currently the criminal law is also influenced by the Anglo saxon legal system. Responding to the second issue is more appropriate when incorporating the conception of Islam as well as the customary court in its formulation, where there should be a clear formulation of any crime that can be given by the judges, so that the legal certainty is guaranteed and formulated in the RKUHAP into one type of decision that can be given by the judge for the forgiveness of a judge that is a guilty verdict without punishment.
MENAKAR “GEN” HUKUM INDONESIA SEBAGAI DASAR PEMBANGUNAN HUKUM NASIONAL Isdiyanto, Ilham Yuli
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This research takes a new term called “legal gene” to explain the historical map hereditary about legal model in Indonesia. The legal gene thinking method then combined with historical-normative method so that the prescriptive element can be obtained as the final result from this research. The final result concluded that the study of legal gene in Indonesia is still far from perfect, especially legal gene study which more systematic and comprehensive since kingdom period, colonial, until Indonesian Republic period. Things get more severe because the Government seems not serious taking this matter, thus the aftermath is the discourse and national legal development efforts always spinning around and not comprehensive. Furthermore, Common Law as the wealth of the nation often ignored even though Common Law is a good legal gene as a foundation to developing National Law. As an advice, Government needs to do more serious, systematic, and comprehensive efforts to conduct research and studies about legal gene in Indonesia thus becoming the main ingredient for national legal development. This is more urgent when Indonesia also entered the fourth industrial revolution / Industry 4.0.
KONSEP KEADILAN MENURUT FILSAFAT HUKUM ISLAM DALAM PERKAWINAN POLIGAMI -, Wirdyaningsih
Jurnal Hukum & Pembangunan
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Islamic marriages allow polygamy on the condition that the husband can do justice. This fair concept is interesting to study because it is not easy to measure fairness in an action. By going through juridical analysis studies and using literature research, the authors examine two main issues, namely the philosophy of polygamy marriage according to Islamic law and how the concept of justice in polygamy is applied according to the philosophy of Islamic law. There are several conditions that must be met for men who will do polygamy. One of the requirements mentioned in the Qur'an is that it can be fair. In accordance with the two basic principles of Islamic law, namely justice and benefit, polygamy can be done when the two principles are fulfilled. Polygamy must be in accordance with the two basic principles of Islamic law, namely justice and benefit. Justice that can be measured is qualitative but with regard to benefit. Therefore, husbands and wives who will do polygamy should think about the nature of a polygamous marriage.
PERLINDUNGAN NASABAH TERKAIT PRAKTIK PEMBUKAAN RAHASIA BANK OLEH PEGAWAI BANK DALAM PROSES PENEGAKAN HUKUM TINDAK PIDANA PENCUCIAN UANG DIHUBUNGKAN DENGAN ASAS KEPASTIAN HUKUM Sutiawan, Hendrik Agus; Mulyati, Etty; Tajudin, Ijud
Jurnal Hukum & Pembangunan
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Bank secrets are essential elements and logical consequences of the bank's business character as a trust institution. Bank secrecy is a form of legal protection for depositors. The purpose of this study is to know how the protection of customers and how law enforcement against the opening of bank secrets by Bank Employee in the process of investigating money laundering crime connected with the principle of legal certainty. This research method using normative juridical approach method, that is an approach used to know that a law in accordance with applicable provisions. The research specification is analytical descriptive, using qualitative juridical data analysis method
PENGAWASAN E COMMERCE DALAM UNDANG-UNDANG PERDAGANGAN DAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN Pariadi, Deky
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E-commerce started to expand significantly when the internet was introduced. Internet makes trade transactions no longer sees the boundaries of the country. The number of ease in accessing the internet makes consumer of e-commerce increased, some of the reasons, among others, is a practical, easy payment systems, efficiency of time and the many attractive promo price of online businesses. But reversed all the convenience and benefits offered, also arises concerns about online corporate responsibility to the consumer e-commerce because so many companies online. Act No. 7 of 2014 on Trade (Commerce Act) and Law No. 8 of 1999 on Consumer Protection (Consumer Protection Act) as a reference for every business in trade transactions, both conventional trade and e-commerce. Implementation of e-commerce transactions are growing rapidly to be balanced with strict supervision from government in every implementation.
URGENSI BANTUAN HUKUM RELAWAN PENDAMPING, PEKERJA SOSIAL DAN SERIKAT BURUH SETELAH PUTUSAN MA NO 22 P/HUM/ 2018 Simarmata, Jorawati
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The Supreme Court Decision No.22 P / HAM / 2018 has canceled Permenkumham Number 1 Year 2018 because it contradicts Law Number 18 Year 2003. However, there are several implementations and provisions of the Law that show the urgency of paralegal functions. The urgency of the paralegal function is shown by the high number of domestic violence cases caused by various aspects of life and the existence of the Domestic Violence Law and The Convention on All Forms of Discrimination Against Women which mandates the need for voluntary assistants function to handle domestic violence problems. Besides that it is proven that the function of social workers under the auspices of child protection institutions in the region effectively handles violence against children and the presence of mandate of the Convention on the Rights of the Child and Law No. 35 of 2004 to protect children who are faced with the law by providing social workers. Then there is the mandate of Article 28 of the 1945 Constitution, ILO Convention No. 87, and ILO Convention No. 98 which provide guarantees to labour to establish labour unions in dealing with industrial relations disputes.
ANCAMAN PIDANA BAGI INTELLECTUEL DADER BLACK CAMPAIGN: Studi Putusan Nomor 17/Pid.Sus/2014/PN.Bul Achmad, Rafli Fadilah
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Black Campaign is a prohibited campaign method conducted based on agitation, slander, pit fighting, lies or hoaxes. The vast growth of social media platform has emerged as a distinct challenge in Black Campaign eradication. The popular form of Black Campaign nowadays constitutes reality bending photo and video editing, candidate discussing a fake issue, whatsapp broadcasting, hoax news creation and distribution, and fake polls. As such, Black Campaign law enforcement in the end that focuses not only on the strafbaarfeit element but also narrowing to the intellectuele dader element. Black Campaign regulation has been administrated in several regulation concerning Election in national scale and Regional Election in local scale, which was principally regulated in Criminal Law Code, Law Concerning. Electronic Information and Transactions, Law concerning Governor, Regent and Mayor Election, and Law concerning General Election. This research is also supplemented by case decision study on case No. 17/Pid.Sus/2014/PN.Bul.

Page 22 of 53 | Total Record : 521

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