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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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MORALITAS PUBLIK SEBAGAI DASAR PEMBENAR TERHADAP KEWAJIBAN SERTIFIKASI HALAL PRODUK MAKANAN DI INDONESIA BERDASARKAN GATT-WTO 1994 Ruhaeni, Neni; Aqimuddin, Eka An; Afriyadi, Hadian
Jurnal Hukum & Pembangunan
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In principle, World Trade Organization (WTO) prohibit each member states to make policy, both tarrif and non tarrif, which potentially disturb international trade. Nevertheless, there are exceptions that can be used by the state as a basis for justification to hold trade policy which consider contratry to WTO law. One of them is to protect public morality. The Halal Product Assurance Act (UUJPH) stipulate obligation of halal certification for food products that enter, circulate and trade in Indonesia. This act is considered as a protective and discriminatory policy. This research founds that although some provisions in UUJPH are discriminatory and contrary to WTO Law, it can be argued that those provisions were made in order to protect public morality in Indonesia and its justified under the law itself.
KEDUDUKAN PUTUSAN MAHKAMAH KONSTITUSI DALAM HUKUM KETENAGAKERJAAN (KAJIAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NO. 37/PUU- IX/2011) Suparto, Suparto; Zulkifli, Zulkifli
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Law Number 13 of 2003 concerning Manpower is one of the laws that is subjected to a judicial review to the Constitutional Court (MK). One of the reasons for filing a judicial review is that the application of Article 155 paragraph (2) has the potential to create legal uncertainty, given the absence of a clear interpretation of the clause " not yet defined ”. The Constitutional Court Decision No. 37 / PUU-IX / 2011 granted the petitioners' petition, and stated that the phrase "not yet established" was interpreted as "not yet legally binding". As a result, the process fee during the suspension period must be paid until the verdict has permanent legal force. This decision is felt to be burdensome for employers who will pay the process fee money while the workers do not do any work in the company, this is considered unfair by the employer. Then the Supreme Court issued a Supreme Court Circular (SEMA) Number 3 of 2015 and one of its contents was that after the Constitutional Court decision Number 37 / PUU-IX / 2011, entrepreneurs paid processing fees for 6 (six) months. Excess time in the process of the Industrial Relations Experience (PHI) as referred to in Law Number 2 of 2004 is no longer the responsibility of the parties. After the issuance of SEMA Number 3 of 2015, the process fee returns to the way it was before the issuance of the Constitutional Court Decision Number 37 / PUU-IX / 2011. So that the workers who are affected in this wage process experience legal uncertainty and feel disadvantaged.
KEBIJAKAN COUNTERCYCLICAL SEBAGAI UPAYA KESEJAHTERAAN MASYARAKAT Shara, Made Cinthya Puspita
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The high level of economic growth in Indonesia is in line with the development of businesses that increase capital by making credit agreements with financial institutions. The state of the spread of the co-19 pandemic case has been declared a national disaster, impacting on the implementation of credit agreements between the debtor and financial institutions. Economic problems make it difficult for people to carry out their obligations. Countercyclical buffer policy is a buffer that is carried out by providing additional capital to replace losses if excessive credit growth occurs which has the potential to disrupt financial stability. Bank Indonesia Policy PBI No.17/22/PBI/2015, also the Financial Services Authority Regulation Number 11/POJK.03/2020, and the Financial Services Authority Regulation Number 14/POJK.05/2020 issued with the aim to be able to provide welfare as stated in article 33 of the 1945 Constitution. In this study the authors used a normative research method. Enforcement of these policies becomes an urgency for Indonesia to be able to carry out financial stability by maintaining the level of economic growth of the community and paying attention to the level of welfare.
KONSEP PELAKSANAAN KEPUTUSAN TATA USAHA NEGARA: MENGUJI ASAS PRESUMTIO IUSTAE CAUSA DALAM SENGKETA TATA USAHA NEGARA Sukri, Indah Fitriani; Erliyana, Anna
Jurnal Hukum & Pembangunan
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In the implementation of the State Administration Decree (KTUN), the principle of presumtiousta causa is known as part of the implementation of the KTUN in order to resolve state administrative disputes. This principle means a state administration decision which is always considered valid. This decision will be invalid if there are new decisions that cancel or revoke the previous decisions. In its formation, the administrative court or state administration court has the objective to provide protection for the rights of the people derived from individual rights as well as to protect the rights of the community based on the common interests of individuals in the community. The government has an obligation to advance the general welfare stated in the constitutional mandate. In carrying out this decision, the government carries out administrative and enforcement law.
PEMBARUAN HUKUM PERLINDUNGAN HAK ATAS KESEHATAN REPRODUKSI PEREMPUAN DI INDONESIA Nabila, Aulia; Desmawati, Yunita
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The right to reproductive health is a part of the human rights regime that must be guaranteed by states. Provisions of women’s right to reproductive health in Indonesia are found separately in various legal instruments. However, the regulations are not comprehensive, vague, and gender-biased. Using human rights and feminist perspective, this article analyses the issues relating to women’s right to reproductive health in statutes and other legal instruments, as well as formulates a concept of revision of the law of women’s right to reproductive health. This article concludes that regulations regarding women’s right to reproductive health contain provisions that are vague and inconsistent with one another, are gender-biased, and are not human rights-based. The revision of regulations on the protection of women’s right to reproductive health can be conducted substantially and formally.
PERANAN HUKUM RAHASIA DAGANG DALAM PEMBANGUNAN EKONOMI: UNDANG-UNDANG DAN PUTUSAN Akbar, Tantowi
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There are five qualities required for a law to be said to have a role in the economic development of a country: stability, certainty, justice, education, and the special abilities of lawyers. One of the laws in Indonesia which closely related to the national economy is Trade Secret Law Number 30 Year 2000. This trade secret law should be able to comply these qualities. Therefore, this trade secret law has a role in national economic development in Indonesia. On the other hand, the Verdic of the Supreme Court of the Republic of Indonesia Number 332K/Pid.Sus/2013 concerning trade secret matter could provide legal education to the wider community.
KAJIAN HUKUM TERHADAP PENGEMBANGAN FINTECH SYARIAH DI INDONESIA Virdi, Irham
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In meeting the needs of today's financial services that are entering the era of digitalization, a service is needed following the developing financial technology. The existence of Islamic financial technology (fintech) is an alternative to fulfill the needs of financial services at this time. As one of the countries with the largest Muslim population in the world, Islamic fintech can be an option and has great potential because it follows current technological developments and sharia. However, the implementation of Islamic fintech faces various obstacles, including its regulation, the obligation of DPS, technical implementation, and human resources. For this reason, a study was conducted to analyze: 1) the regulation of sharia peer-to-peer lending in supporting the development of Sharia fintech in Indonesia; and 2) the problems faced by Sharia fintech in Indonesia and efforts to overcome them. The research results on the regulation of Sharia Principles still need to be visible in the regulations for implementing Information technology-based Money Lending and Borrowing services. There must be literacy about Sharia fintech to the public so that Sharia fintech can grow.
TELEMEDICINE (ONLINE MEDICAL SERVICES) DALAM ERA NEW NORMAL DITINJAU BERDASARKAN HUKUM KESEHATAN (STUDI: PROGRAM TELEMEDICINE INDONESIA/TEMENIN DI RUMAH SAKIT DR. CIPTO MANGUNKUSUMO) Andrianto, Wahyu; Athira, Amira Budi
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Health is an important basis for the continuity of human life. Every human being has the right to have access to safe, quality, and affordable health services. However, in reality health services in Indonesia still have several obstacles, for examples the lack of health care for remote areas which is hindered by distance and time. Especially during the Corona Virus Disease 2019 (COVID-19) pandemic, a solution is needed to serve public health without violating the regulations that enforce Large-Scale Social Restrictions (PSBB) to prevent the spread of the virus. For this reason, one of the efforts that can be carried out is by “making friends” or utilizing information technology, namely in the form of Telemedicine. Telemedicine is the provision of remote medical services using information and communication technology, which will facilitate access to health services for the public. The purpose of this study was to analyze the application of Telemedicine services in the New Normal Era, especially in the Indonesian Telemedicine Program (TEMENIN) by the Ministry of Health of the Republic of Indonesia at Dr. Cipto Mangunkusumo Hospital. The research method used is normative juridical. The results of the study state that the implementation of Telemedicine services during the New Normal Era mostly refers to the regulations and policies of the Ministry of Health, and is supported by the existence of various Telemedicine applications. However, it does not yet have an official platform from the Government that can guarantee storage and data confidentiality. The author concludes that Telemedicine which already has many benefits, still has several obstacles in it. Furthermore, the author suggests that the Government immediately create a special platform for Telemedicine services, accompanied by laws and regulations or special regulations, which are supported by government agencies or authorities that can oversee its implementation prevent malpractice.
HAMBATAN DAN PROSPEK HUKUM PENYELENGGARAAN JASA NOTARIS SECARA ELEKTRONIK DI INDONESIA MEMASUKI ERA SOCIETY 5.0 Chalid, Muhammad Ricky Ilham
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The development of technology, information and communication in the era of society 5.0 makes notaries have to be able to keep up with their ability to provide the best legal services, the best solution for notaries in facing the challenges of changing times is to implement cyber notaries and remote notaries, but this is not immune from the clash of the Indonesian legal system. Things that need to be considered are the reasons why Indonesia has not implemented it, such as the suitability of the application of long distance notaries and cyber notaries from common law to the Indonesian legal system, namely civil law and legal reasons that prevent them from being applied.
PENYELESAIAN SENGKETA BEDROG (PENIPUAN) DALAM PERJANJIAN JUAL BELI KAYU: ONRECHTMATIGE DAAD ATAU WEDERRECHTELIJK? (STUDI KASUS: PUTUSAN MAHKAMAH AGUNG NOMOR: 449K/PID/2001) Anindita, Sri Laksmi; Sitanggang, Eriska Fajrinita
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Criminalization Of Civil Disputes Is A Common Case In Indonesia. This Case Can Occur Because An Act Or Action May Violate Two Laws At The Same Time, Those Are Civil Law And Criminal Law. The Intersection Between A Civil Dispute And A Criminal Act Does Not Only Make The Borderline Between Civil And Criminal Cases Thin. Settlement Of Disputes Over Acts That Contain Elements Of Fraud Arising From A Contractual Relationship Through Civil Law Mechanisms By Filing A Lawsuit (Onrechtmatige Daad Or Default) Or Criminal Law Mechanisms (Wederrechtelijk), Is Often Confusing. How To Determine An Act With An Element Of Fraud Is Included In The Domain Of Criminal Or Civil Law And How To Resolve Disputes That Arise As A Result Of Fraud In A Timber Sale And Purchase Agreement (Case Study: Supreme Court Decision Number: 449k/Pid/2001), Is The Formulation Of The Problem, Which Will Be Discussed In This Paper Using Normative Legal Research Methods. Settlement Of Disputes Resolution Through A Criminal Case For An Act Containing Fraud Elements In A Timber Sale And Purchase Agreement (Case Study: Supreme Court Decision Number: 449k/Pid/2001) Is Incorrect. Settlement Of Disputes That Arise In This Case Must Be Resolved By Filing A Civil Claim.

Page 27 of 53 | Total Record : 521

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