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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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UPAH PROSES DALAM PEMUTUSAN HUBUNGAN KERJA Gunadi, Fitriana
Jurnal Hukum & Pembangunan
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Abstract

Wages is one of the elements in the employment relationship between an employer and a worker/employee based on the employment agreement. In accordance with the fundamental principle that is basically applicable to every workers/employees, wages will not be paid by employers if the workers/employees do not perform work (no work no pay). However in its development, there is an issue in the application of such principle since the ruling of the Decision of the Constitutional Court of Republic of Indonesia, which obliges employers to pay the wages to workers/employees who do not work because they are in the process of termination of employment until a decision has its permanent legal force (inkracht van gewijsde). The issue becomes even more complex when the obligation to pay wages is reaffirmed by the Supreme Court of Republic of Indonesia for 6 (six) months, thus the excess time in the industrial relations dispute process is not an obligation for employers.
PERIZINAN TERHADAP ADAPTASI BANGUNAN WARISAN BUDAYA TJAN BIAN THIONG DI KOTA YOGYAKARTA Sumiarni, M. G. Endang; Pudyatmoko, Y. Sri; Sharaningtyas, Yustina Niken
Jurnal Hukum & Pembangunan
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This study aims to find out and examine licensing for the adaptation of the Bian Thiong Tjan Cultural Heritage Building in the city of Yogyakarta as well as to assess the background of permits granted even though the adaptation of buildings is contrary to the basic principles of preservation of Cultural Heritage Buildings. The results of the study were permits for the adaptation of the Bian Thiong Tjan Cultural Heritage Building in the city of Yogyakarta, not a permit to adapt but to apply for a building permit to establish a new building in the form of a hotel.
REKONSTRUKSI SISTEM PERADILAN PIDANA KORUPSI DALAM RANGKA MENUNJANG PEMBANGUNAN NASIONAL Maroni, Maroni; Fathonah, Rini; Ariani, Nenny Dwi; Anwar, Mashuril
Jurnal Hukum & Pembangunan
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The extent of the working area of the Regional District Court is equal to the provincial administration area consisting of Regency/city, while its position is in the provincial capital. This condition raises the legal gap in the eradication of corruption crimes, because on the one hand so the extent of the working area of the Court of Tipikor, causing many things corruption to be held, on the side will also require a large cost and a lot of judges power, and ideally will take a long time in the process of examination of a case. The study used qualitative research methods with normative and sociological juridical approaches.
SISTEM MANAJEMEN MUTU PLTN DARI PERSPEKTIF REGULASI DI INDONESIA DAN STANDAR YANG BERLAKU Cusmanri, Fery Putrawan
Jurnal Hukum & Pembangunan
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Investment in the construction of nuclear power plants is an interesting investment. This is indicated by the emergence of investment plans for the construction of nuclear power plants in Indonesia. Communities and industries that make electricity a primary need will certainly welcome the potential energy offered by nuclear power plants. However, on the other hand the quality of NPP energy services must of course be maximized. This paper was made to provide a brief description of the management system requirements that need to be met by the NPP permit applicant along with additional best practices from the ISO 9001: 2015 standard related to the quality management system and ISO 50001: 2018 related to energy sector management systems. From the results of the analysis by comparing the BAPETEN Chairman Regulation No. 10 Year 2010 about Management System for Facilities and Activities with international standards it was concluded that there are still aspects of international standards that have not been met in regulations in Indonesia, such as supply chain management, inappropriate product control, continuous improvement, and communication with consumers. This can be a consideration for the preparation of further regulation.
DELIK POLITIK DALAM HUKUM PIDANA INDONESIA Hardiago, David
Jurnal Hukum & Pembangunan
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According to Indonesian penal law, an act is considered to be a criminal act based on the principle of legality. Problem arise when political crime is associated with the principle of legality, that said problem is related to the definition of political crime that is not stipulated in any of statutory provisions and/or regulations in Indonesia. This legal research aims to answer two legal problems raised by the Author, those are: Firstly, to determine the parameter of political crime in Indonesia. Secondly, to elaborate on the projection on how political crime should be stipulated in the future. The research in this study used normative legal research in order to find answers for legal problems elaborated by the Author. Secondary data collection is supported by some approaches, those are statutory approach, conceptual approach as well as comparative approach. Those aforementioned shall be constructed qualitatively in order to reach the conclusion using deductive and inductive method alternatively.
THE TRANSPARENCY PRINCIPLE IN REGIONAL DEVELOPMENT BANKS TO IMPLEMENT GOOD CORPORATE GOVERNANCE: A CASE STUDY ON PT BANK PEMBANGUNAN DAERAH JAWA TIMUR TBK Yuwana, Citranella Ramadhani; Dewi, Yetty Komalasari
Jurnal Hukum & Pembangunan
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This paper discusses the obligation of Regional Development Bank (RDB) as a Regionally-Owned Enterprises (ROE) to implement Good Corporate Governance (GCG). In particular, this paper analyzes the forms of transparency principle in RDB, specifically in PT Bank Pembangunan Daerah Jawa Timur Tbk (Bank Jatim) according to existing regulations. By using legal normative method, this paper concludes that the forms of transparency principle on RDB is divided into three parts, namely preparing reports, publishing them, and ensuring that they are publicly accessible. There are at least 8 (eight) forms of transparency principle implementation, namely monthly publication report, quarterly publication report, annual publication report, prime lending rate publication report, material information and facts publication report, information on banks product, information on the use of customers data, and GCG report.
PERAN PEMERINTAH DALAM MENGINVENTARISASI EKSPRESI BUDAYA TRADISIONAL INDONESIA Herzani, Andhika Putra
Jurnal Hukum & Pembangunan
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The development of an increasingly advanced era, the expression of traditional culture (EBT) is vulnerable to exploitation by other parties due to the lack of awareness of the importance of the assets of intellectual works and is not well documented or documented EBT. Inventory is one of the Defensive Protection steps, a step taken by building an accurate database and inventory, registration or recording that must be played by the State. Preventive protection needs to be recorded or an inventory of Indonesias traditional culture to prevent cases of cultural claim by other countries which would certainly harm the Indonesian nation and be used by those who have experienced cases of EBT abuse as a basis for proof. Inventory should ideally be carried out by an institution that is implicitly a State representative institution, in supporting the inventory it should also optimize the Ministry of Education and Culture and coordinate with DJKI in taking comprehensive inventory or documentation actions
PROBLEMATIKA PENGATURAN MENGENAI BENTUK BADAN USAHA JASA PENUNJANG TENAGA LISTRIK DI INDONESIA Putra, Vioxcy Ananta; Sulistyowati, Eny; Masnun, Muh Ali
Jurnal Hukum & Pembangunan
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Abstract

Legal development electricity growing rapidly as evidenced by the amount of law and regulations produced by both legislative and executive that govern all aspects about electricity that resulting in regulatory inflation in electricity law. The consequences of regulatory inflation in electricity law is the potential for legal unsynchronization between law and regulations in electricity sector. One of the potential for legal unsynchronization in the electricity sector is the regulation regarding the scope and form of business entities supporting electricity power in Law of the Republic of Indonesia Number 30 of 2009 on Electricity, Regulation of the Goverment of the Republic of Indonesia Number 107 of 2015 on Electricity Support Services Business, Regulation of the Minister of Energy and Mineral Resources Number 38 of 2018 on Procedures for Electricity Accreditation and Certification, and Regulation of the Minister of Energy and Mineral Resources Number 12 of 2016 on The Amendment to the Regulation of the Minister of Energy and Mineral Resources Number 35 of 2013 on Procedure for Electricity Business Licensing. Tis research use a type of normative legal research to find the rule of law, legal principles, and relevant legal doctrine and conduct a study of legal concept.
INTERPRETASI KONSTITUSI DALAM PENGUJIAN KONSTITUSIONALITAS UNTUK MEWUJUDKAN THE LIVING CONSTITUTION Hapsoro, Fakhris Lutfianto; Ismail, Ismail
Jurnal Hukum & Pembangunan
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The constitutional authority granted to the Constitutional Court by Article 24C paragraph (1) in the third amendment to the 1945 Constitution in the test of constitutional law against the constitution provides automatically over authority in giving the interpretation of the 1945 Constitution to the Constitutional Court. Associated with the interpretation of the constitution, then a constitution is not only considered to be a documented constitution but can be transformed into the living constitution. In practice in Indonesia, it can be found the decisions of the Constitutional Court who use constitutional interpretation to assess the constitutionality of a norm as in Decision No. 005 / PUU-IV / 2006, Decision No. 14 / PUU-XI-2013, and Decision No. 138 / PUU-VII / 2009. Based on this, then in this paper will outline the extent to which the efforts of judges in realizing the living constitution through the interpretation of the judge in the constitutionality of which can be analyzed through the decisions of the Constitutional Court.
KARAKTERISTIK PERTANGGUNGJAWABAN KEPALA DAERAH DALAM PENYELENGGARAAN PEMERINTAHAN DAERAH MENURUT SISTEM PEMERINTAHAN PRESIDENSIAL Amiq, Bachrul
Jurnal Hukum & Pembangunan
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Since the beginning of the formation of the constitution for an independent Indonesia by the founders of the state, the state government system adopted is a presidential system. After the amendment to the 1945 Constitution, the perpetrators of the changes, namely the Peoples Consultative Assembly (MPR) wanted to emphasize that the 1945 Constitution of the Republic of Indonesia adhered to a pure presidential system by upholding the supremacy of the constitution, so that the executive as government administrator was responsible to the constitution. This must be in line with the implementation of local government. However, it is not explained what the accountability model looks like. In this article, what is the basis of accountability as one of the characters that must exist in a presidential system of government and what is the model of accountability in a presidential system of government that distinguishes it from the character of accountability in a parliamentary system of government? Based on the problems raised, this type of research is normative legal research, namely by only examining legal materials. While the approach model here only uses two approaches, namely the statutory approach and the conceptual approach.

Page 3 of 53 | Total Record : 521

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