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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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PERAN PENEGAKAN HUKUM DALAM PEMBANGUNAN EKONOMI Sukardi, -
Jurnal Hukum & Pembangunan
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Abstract

Economics is the backbone of the people's welfare, and science are the pillars supporting the nation's progress, but the law is the institution that ultimately determine how the public welfare can be enjoyed equitably, as well as how social justice can be realized in people's lives, and how progress of science and technology can bring progress for the people. In essence, the rule of law to support the transformation of SOEs (State-owned enterprises) as a locomotive driver of the national economy, especially in its role of guarding the whole process of public finance management and the area is clean and responsible, and prevent and crack down on leakage and financial irregularities countries in the form of corruption and money laundering, the ultimately boils down to the realization of welfare with social justice for all people.
ADOPSI PRINSIP PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES (PSNR) MIGAS Husna TR, Cut Asmaul
Jurnal Hukum & Pembangunan
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The specificity of the setting investment in upstream oil and gas consequences of role of the state that is large enough. This is because the upstream oil and gas sector requires capital investment costs are relatively large; high risk, the use of advanced technology and trained human resources. However, investment in upstream oil and gas sector also gives a great advantage. Therefore, oil and gas producing countries seek to maximize the full control over the affairs of operations, production, management, and marketing. It is supported by the United Nations General Assembly Resolution (UN) No. 2158 (XXI) of 25 November 1966 on Permanent Sovereignty over Natural Resources (PSNR) which called upon state oil producers to maximize the natural resources of oil and gas investments. Rooted in the right of self-determination and with the primary aim of enabling economic development for developing states, the principle of PSNR builds on prerogative sovereign of states. The Constitutional Court Decision No. 36/PUU-X/2012 and No. 002/PUU-I/2003 should be appreciated for correcting substance of Law Number 22 Year 2001
MODEL PENGUASAAN TANAH PAUMAN DI KABUPATEN KARANGASEM Suwitra, I Made; Widyantara, I Made Minggu; Sujana, I Nyoman
Jurnal Hukum & Pembangunan
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In the period of kingdom, Pauman land was collectively owned by the community called pauman. After the independence and at the time Land Law had been imposed, even in some villages the land had been proposed to be owned individually and some of the land had been sold, so the problem discussed were; what model was applied for the pauman land ownership and how the management was done when the Land Law had been imposed. The model of the research was a research of normative law with legislation, concept, analytic, and case approach. The sources of the regulation which were used in this research were primary law sources, secondary law sources, and tertiary law sources which were collected by interview (affirmation), note taking and document. And then it was done interpretation technique. The result of the research showed that there was still collective ownership for pauman land in which the members of the owners were permanent and some were dynamic depended upon the development of the genealogical main owners. Meanwhile, in some villages the ownership tended to be secularly individualization through having the legality of the law in context of Land Law so that some pauman lands dismissed, infect the pauman land was the basic of the managing commitment and there was no more unity of community as the result of authority and ownership transference through trading them to other people. That’s why serious efforts are needed to preserve the pauman lands.
ESPAKTASI PENGELOLAAN TANAH TERLANTAR OLEH BAITUL MAL DALAM PENINGKATAN KESEJAHTERAAN MASYARAKAT Ulya, Zaki
Jurnal Hukum & Pembangunan
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Abstract

Baitul Mal is an institution that is authorized as property manager religion formed on the basis of specificity Aceh in implementing Islamic law. Baitul Mal authority in managing the wealth of religion stipulated in Qanun No. 10 of 2007 about Baitul Mal, where one authority Baitul Mal is managing the property / land owners and their heirs abandoned. Abandoned land owners and their Heirs applicable reference to the provisions referred to as a wasteland controlled by the state. In deed the management of abandoned land intended to improve the welfare of the community, which can be managed by the Baitul Mal. This is certainly in line with the mandate of Act No. 2 of 2012. However, the exercise of powers Baitul Mal becomes constrained due to the lack of clear regulations and cons of authority by the National Land Agency. If the Baitul Mal authority to manage wastelands clear with innovative concepts will realize expectations better for public welfare.
HARMONIZATION OF THE AVIATION SECTOR WITHIN PRESIDENT JOKOWI’S MARITIME POLICY:A WAY TO PROMOTE PIONEER FLIGHTS Nugraha, Ridha Aditya
Jurnal Hukum & Pembangunan
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As the biggest archipelagic state in the world, the Indonesian government has been aware of the importance of both air and sea transportation in connecting the remote islands with the main islands and thus developing the economy. However,it could not be denied that for many years the country had been trapped within a transportation policy favoring land over the aviation and maritime sectors. It thus came as a relief when the current government announced a pro-maritime transportation policy as their main priority. While this pivot is certainly welcome, it still fails to address the other ‘life line’ of the Indonesian geographic periphery, namely aviation. Currently airlines serve pioneer or isolated routes to these areas which are not financially viable, meaning they are flying at a ‘loss’. To compensate this, state subsidies are granted to these airlines. One of the main concerns therefore, is that there must not be an overlap between airline and ship routes so that subsidies can be concentrated to maximize coverage of the remote islands.Harmonization between the aviation and maritime sectors must be translated within a legal framework.Learning from the European Union is one of the best options so far considering their successful law making and effective implementation within its member states to avoid overlapping between airlines and other transportation modes. Furthermore, failure to present subsidies under Public Service Obligation to develop the aviation, not only maritime, sectors shall mean a nightmare for the country's dream to become a maritime axis in ASEAN.
DISKRESI KEPOLISIAN DALAM PENANGANAN KONFLIK SOSIAL : KEDUDUKAN PERATURAN INTERNAL KEPOLISIAN DALAM PENANGANAN KONFLIK DI DALAM PERATURAN PERUNDANGUNDANGAN Zulfa, Eva; Praptadina, Sri B
Jurnal Hukum & Pembangunan
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The use of discretion as a means of handling and settlement of a dispute society, let alone carried out by law enforcement is essentially a matter of policy as authorized by law to officials. How discretion possessed by the police in handling conflicts in society. In reality discretion in many forms. One is through edicts Chief of Indonesian Police Central Sulawesi number NAK / 04 / I / 2013 on the prohibition of carrying weapons and other dangerous objects. Regional Leadership kemuadian issued edicts Chief of Indonesian Police Central Sulawesi number NAK / 04 / I / 2013 on the prohibition of carrying weapons and other dangerous objects It is issued in order to dampen the unrest in the county Sigi year 2013. It is interesting to examine notch regulations made by the police in handling conflict if the associated discretion possessed by the police
THE ISLAMIC LAW PERSPECTIVE OF PRECAUTIONARY PRINCIPLE ON TRANSBOUNDARY MOVEMENT OF LIVING MODIFIED ORGANISMS (LMOS) Wartini, Sri
Jurnal Hukum & Pembangunan
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The aim of the research is to examine the Islamic law perspective of precautionary principle on transboundary movement of living modified organisms (hereinafter LMOs) based on maslahah mursalah (public interest) and sadd al-dhara’i (blocking the means). The international trade of LMOs may affect the human health and environment in the importing states. Most of the importing states are Muslim states. Thus, it is important to examine the transboundary movement of LMOs from the Islamic law perspective. In order to elaborate on the issue, the reseach addresses the following questions: First, how is the relationship between man and nature (khalīfahand nature)? Second, what are the basic Islamic principles relevant to transboundary movement of LMOs based on justice and equality. Finally, it examines comprehensively what are the justification of implementing Precautionary Principle based on maslahah mursalah and sadd al-dhara’i on transboundary movement of LMOs. The research finds that the precautionary principle is justiviable based on based on maslahah mursalah and sadd al-dhara’i on transboundary movement of LMOs
ANALISIS TENTANG SISTEM PERADILAN AGAMA DI INDONESIA -, Domiri
Jurnal Hukum & Pembangunan
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Religious Court serves as the judicial system in Indonesia, in addition it is also a subsystem of the Indonesian judicial system. The Indonesian judicial system is composed of several subsystems, such as, Religious Court, Commercial Court, Military Court, and the Administrative Court. As a judicial system, the Religious Court has several sub-systems or component. Its components are: first, the law itself, which includes procedural and substantive law. Secondly, the apparatus of the court, including judges, clerks, and bailiffs. Each of these components has their own duty and function.. The law serves as the guideline for all the officials of the Religious Court in carrying out their duties and functions. The judge assigned to make a judgement, to watch, to listen, to examine, and to decide the appointed casse. The Clerk is charged to record the proceedings and executes the court decision/execution. The Bailiff’s duty is to execute the commands of Chairman and execute seizure on the orders of Chief of the Court. All these components work synergistically in achieving a goal that is the law and justice are regarded as the most supreme power.
TINJAUAN HUKUM EKSISTENSI DARI UNDANG-UNDANG NOMOR 8 TAHUN 2015 SETELAH 25 KALI PENGUJIAN UNDANGUNDANG DI MAHKAMAH KONSTITUSI PADA TAHUN 2015 Rajab, Achmadudin
Jurnal Hukum & Pembangunan
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Direct regional election is the method chosen by the majority of Indonesian to percieve the phrase “democratically elected.” Implementation of simultaneous regional election is governed by Law No. 8 of 2015, which is the amendment of Law No. 1 of 2015. The reason on why the people prefer direct regional election is formation and implication of its legitimacy. Head of local government requires its own legitimacy, so that is why direct election by the people is needed. This is also inline with interpretation of democratic election by the majority of Indonesian people. Moreover, since the first implementation of simultaneous regional election, on 9 Deember 2015, issues and challenges arise. One of the problems is apparent on the emergence of 25 cases of mass judicial review of Law No. 8 of 2015 to the Constitutional Court of the Republic Indonesia. From 25 judicial review cases, 7 of them are granted by the Court.
RENEWAL OF CRIMINAL LAW: DRAFT OF INDONESIAN CRIMINAL CODE, SPIRIT OF CODIFICATION AND ITS EFFECTS ON LAW HARMONIZATION Octora, Rachel
Jurnal Hukum & Pembangunan
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Law-making process needs to be observed by public, and also by legal scholar, the purpose is to avoid inconsistency between new regulation and existing regulation. This paper will describe about Draft of Indonesian Criminal Code. Countries that use Civil Law System, especially in criminal law, principle of legality becomes the most important principle. Indonesia currently designing recodification of the Criminal Code and aspire to have their very own criminal codification. Draft of Indonesian Criminal Code is now still waiting to be enacted. It will potentially cause disharmony in the implementation process, because of the probability that one criminal act regulated by more than one regulation. Based on this research, Will reach the conclusions those criminal acts which have been regulated in another regulation outside the code, do not need to be re-regulated inside the code because it will potentially overlapping and confusing in the implementation process. If the Draft of Indonesian Criminal Code finally enacted, the way to harmonizing regulations inside and outside the code has to be based on transitional regulation inside the Code which states the applicable regulation is one that causing benefit for the offender.

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