Jurnal Hukum dan Pembangunan
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.
Articles
521 Documents
<![CDATA[STUDI SOSIO-LEGAL TERHADAP KETERTIBAN DAN KETENTRAMAN DI KABUPATEN SIDOARJO ]]>
<![CDATA[Nalle, Victor Imanuel W.]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Peace and order is a city needs. Achievement of these needs by local governments through regulatory instruments, namely the Regional Regulation. Sidoarjo regency set through Peraturan Daerah No. 10 of 2013. This study through socio-legal approach has been assessing the condition of the aspects that affect the implementation of the local regulation and constraints. This study shows that there are gaps in the understanding of the urgency of the substance of Peraturan Daerah No. 10 of 2013 for the public interest. In addition, conditions of law enforcement structures and culture of the people do not support the implementation of the Peraturan Daerah No. 10 of 2013. These conditions resulted in the emergence of obstacles to achieve peace and order indistrict of Sidoarjo.]]>
<![CDATA[KORPORASI DALAM HUKUM ORGANISASI BISNIS ISLAM ]]>
<![CDATA[Afdal, Windi]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[This article critically examine the reason of the delay in introducing Islamic law into the form of corporate business to help Muslim society in their economic activity. In addition, this study also aims to provide an explanation regarding the legal validity of the concept of corporate legal personality in Islamic law. This study aplied the method of juridical-normative research by using socio-legal analysis. The article conclude that: (1) Delayed development of corporate business organizations in the Muslim world caused by; the view that organizing community by using corporate form can damage the vision of united ummah because it can lead to factionalization in the community; The lack of capital resources because it endowment institution on wakaf; stagnant institutional development of business organizations in Islamic law; and last the capital group of Merchant class could not consolidated because hard for them to keep persistence on capital accumulation for accross generations and for conglomeration activity. (2) Fuqoha actually understand the concept of personality legal and it aplicable to non-humans corpus, but they are reluctant to develop this concept because it can’t work the legal system that they have created. Therefore, the formation of a nonhuman corpus actually possible in Islam by rule rely on assiyasah syariyah as the ulil domain domain (political authority).]]>
<![CDATA[NORMA KESUSILAAN SEBAGAI BATASAN PENEMUAN HUKUM PROGRESIF PERKARA KESUSILAAN DI BANGKALAN MADURA ]]>
<![CDATA[Christianto, Hwian]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Society definitely have different conception to the norms especially Bangkalan citizen, Madura. Once social case happen, judge confronted to decide according to decency norms. The Bangkalan State Court have arranged decency norm as main basic to judge social case. The decision is accepted as a law product which appoint to justice. This thought is in line with progressive law-founding which underline the essence of society values conception as an exist law. The decision of Bangkalan State Court have kept the social that highly suspended by people in Bangkalan Madura]]>
<![CDATA[KEBIJAKAN BAILOUT CENTURY: DISKRESI ATAU KRIMINALISASI KEBIJAKAN ]]>
<![CDATA[Sitorus, Lily Evelina]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Century bailout policy is the government's discretion. However, when there is resistance in the Parliament, this policy is a problem that until now has not as well satisfy the parties. On the other hand, the economic crisis is a reality that is happening in the community. Government as the policy makers feel they have the authority as stipulated in the legislation in force. Therefore, the decision to prosecute government policy is regarded as a form of criminalization policies. This study tried to find a middle ground on the issue. The standpoint of administrative law is used as an analysis in finding the right solution. It was with the aim of no longer controversial policies issued by the government is considered to be detrimental to the country's financial and creating legal certainty in the implementation.]]>
<![CDATA[PROBLEM HUKUM REGULASI LMK & LMKN SEBAGAI PELAKSANAAN UNDANG-UNDANG HAK CIPTA 2014 ]]>
<![CDATA[Sardjono, Agus]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[UUHC 2014 has been effective since October 2014. The various clauses in the law still contains potential problems, especially those related to copyright in the music, because of its multiple interpretations. The multiple interpretations conditions especially with respect to the setting of the Collective Management Organization. Regulation of the Minister of Law and Human Rights No. 29 In 2014 it adds to the potential problems due to a few mistakes LMKN arrangements concerning the formation and powers rest upon to him. The problem was quite pronounced, since an doctrinal analysis. This paper attempts to reveal the problems in question]]>
<![CDATA[PENANGANAN KONFLIK SOSIAL DENGAN PENDEKATAN KEADILAN RESTORATIF ]]>
<![CDATA[Sukardi, -]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Restorative Justice approach in conflict resolution is basically a new method of settling disputes, especially in the concept-criminal cases, but using traditional patterns whose values have no concept of local wisdom in each culture. Therefore, the application of restorative justice approach in conflict resolution, in fact is the use of traditional patterns with the values of the resolution of the existing conflicts in wisdom local culture, with a focus on fulfillment of justice victims, through the concept of equality, partnership, reconciliation and participation.]]>
<![CDATA[AGREEMENT ON AGRICULTURE DALAM WORLD TRADE ORGANIZATION ]]>
<![CDATA[Patra, Akbar Kurnia]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Framework of agricultural trade liberalization in the context of World Trade Organization (WTO) General Agreement set out in the field of Agriculture or the Agreement on Agriculture (AOA). AOA is one of the international treaties that are generated through a series of WTO negotiations in the Uruguay Round of General Agreement on Tariffs and Trade (GATT). Pact is applied simultaneously with the establishment of the WTO on January 1, 1995 which contained 13 parts and 21Articles which is equipped with 5 Annex and an appendix to the Annex 5. The AoA has three main pillars, namely the expansion of market access, domestic support and export subsidies. Through Law No. 7 of 1994, Indonesia has ratffied the WTO provisions which obliges WTO member states to adapt the rules contained in Annex WTO. One of them is the rules of the food policy Indonesia through Law No. 7 of 1996 concerning Food and Government Regulation No. 68 of 2002 on Food Security]]>
<![CDATA[PROBLEMATIKA PENINJAUAN KEMBALI DALAM SISTEM PERADILAN PIDANA PASCA PUTUSAN MAHKAMAH KONSTITUSI DAN PASCA SEMA RI NO. 7 TAHUN 2014 (SUATU ANALISA YURIDIS DAN ASAS-ASAS DALAM HUKUM PERADILAN PIDANA) ]]>
<![CDATA[Gumbira, Seno Wibowo]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Problems of extraordinary legal remedy on Reconsideration, especially in the criminal justice process in Indonesia following the Ruling of judicial review of the Constitutional Court Number 34 IPPU-XI I 2013 and SEMA Decree No. 7 of 2014 issued by the Supreme Court had the same problem juridical in contradictory with the principles both within the criminal justice system and the principle of the science of law in Indonesia, those principles include the principle of ne bis in idem, the principle of justice which one quick, simple and low cost, the principle of litis finiri oportet, It is on the principle of lex superior derogate legi inferior. It can also be said that the judicial review of the Constitutional Court has the potential to undermine the pillars of legal systems as when stating a legal provision is only base on one law, in which is in fact the legislation is incontracdictory with other laws. The solution that does not cause the problems is that the Supreme Court did not need to issue SEMA Decree No. 7 of 2014 the court simple use the Law of Judicial Power and the Law of the Supreme Court which states Reconsideration should be only one time in addition to the necessary optimizeevidence of proof in the criminal justice process by all Parties.]]>
<![CDATA[NILAI-NILAI PANCASILA DI TENGAH PERUBAHAN PETA GEOPOLITIK GLOBAL: ANALISIS KEPENTINGAN NASIONAL DALAM PEMBENTUKAN KEBIJAKAN HUKUM ]]>
<![CDATA[Soepandji, Kris Wijoyo]]>;
<![CDATA[Pulungan, M. Sofyan]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Pancasila as the basis of the state is the main guideline for Indonesian political and social life. In the field of law, Pancasila has been determined as the main source national legislation process. However, the competing interests in formulation of legal policies sometimes put Pancasila values at difficult position to be implemented. Indonesian lawmakers should end the unfavorable situation by utilizing geopolitical knowledge. Moreover, currently there is important change in the global geopolitical map which provides opportunity for Indonesia to make legal policies which are in accordance with its national interests. This research was conducted based on the inter-disciplinary legal research methodology by using a socio-legal approach for the data collection process. This research analyzes the natural resource sector which is very important for Indonesia, but vulnerable to foreign intervention. The result of the study finds the values of Pancasila in the midst of changes in the global geopolitical map can actually be implemented if the legal policy is mainly based on Indonesia's national interests.]]>
<![CDATA[DILEMA PRAKTIK DUMPING DAN HUKUM ANTIDUMPING : ANTARA KEPENTINGAN PENGUSAHA (PRODUSEN) DAN MASYARAKAT (KONSUMEN) ]]>
<![CDATA[Syahyu, Yulianto]]>
<![CDATA[ Jurnal Hukum & Pembangunan ]]>
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<![CDATA[Antidumping provisions have been listed since the agreement of GATT in 1947, and provisions regarding anti-dumping agencies are regulated in Article VI GATT. The provision also recommends that each member state implements the provisions of GATT in their respective national legal systems. As a form of implementation of these provisions in the national legal system, Indonesia has issued regulations governing Antidumping. However, there is a dilemma in terms of dumping practices and the implementation of anti-dumping laws in Indonesia, because in this case it must be seen from two sides of interest, not only in terms of the interests of Entrepreneurs as domestic producers but also the interests of the community as consumers. Because both are elements of the nation that need to receive equal and balanced treatment by the state.]]>
