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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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STATUS KEPEMILIKAN DAN PEMANFAATAN TANAH GRONDKAART DI STASIUN DEPOK BARU, LENTENG AGUNG, DAN TANJUNG BARAT Sulistiowati, Sulistiowati; Ismail, Nurhasan; Rahman, Taufiq El
Jurnal Hukum & Pembangunan
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The disputes over land ownership and utilization of Grondkaart for Railway activities between the government and PT KAI should not have occurred due to both having the same vested interest for the state. However, the reality shown that land ownership dan agreement status on land use with the third party. Through the qualitative analysis, the research findings: First, land originating from Grondkaart at the location still belongs to the goverment due to the land still holding the status of the right to use or Hak Pakai during the course of the time the land used by the Government and the land participation as a capital in PT KAI before the process of handling the right of land ownership; Second, there is a difference in the legalty of the land use agreement with a third party, namely the agreement made by PT KAI that does not fulfill 2 (two) legal requirements within the agreement, namely the ability to act and on the agreement and the legality of the clauses, meanwhile the agreement taht should be enacted by the government should fulfill all the valid requirements of the agreement.
LARANGAN PEMBATASAN KUANTITATIF: STUDI KASUS INDONESIA –IMPORTATION OF HORTICULTURALPRODUCTS, ANIMALS AND ANIMAL PRODUCTS Rizky, Faiz Muhammad; Velentina, Rouli Anita
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n 2014, Indonesia implemented measures relating to the importation of horticultural products,animals, and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyzes whether the paneland appellate body decision in the case of Indonesia -Importation of Horticultural Products, Animals and Animal Products under the provisions contained in the WTO legal framework. Indonesias policies cannot be justified under WTO legal framework, thoughthere are some exceptions to the quantitative restriction provision.
PROBLEMA PIDANA MATI TERHADAP PELAKU TINDAK PIDANA NARKOTIKA DALAMSISTEM HUKUM INDONESIA Mahmud, Ade
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The polemic ofcapitalpunishment inthe Indonesian legal system has long reaped a contra cons that never ends. People who oppose capital punishment have reasoned because this criminal is inhumane and ineffective, capital punishment is considered counter productive withthe aimof punishment, especially in overcoming the problem of illicit drug trafficking. That is why most European countries have decided to abolish capital punishment for all forms of crime, but developing countries, including Indonesia, still maintain it because it is seenas a form of punishment worthy of dealing with serious crimes. The discussion on capital punishment cannot be separated from the issue of basic human rights, especially the rights to life protected by the constitution, while on the other hand,the perpetrators of narcotics crimes deserve to be sentenced to death because they have disturbed the stability of a countrys security, threatened thenations generation and caused victims socially and economically.
PERANAN PERUSAHAAN PENJAMINAN DALAM MENGATASIPERMASALAHAN UMKM MENGAKSES KREDIT DI SEKTOR PERBANKAN(SETELAH BERLAKUNYA UNDANG-UNDANG NOMOR 1 TAHUN 2016 TENTANG PENJAMINAN) Saraswati, Luh Putu Prema Shanti Putri
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Micro, Small and Medium Enterprises (MSMEs) have an important role in the development of the Indonesian economy.So far, MSMEs are still faced with various kinds of obstacles,one of which is that MSMEs still face problems related to limited access to funding to financial institutions.Limited access to funding to financial institutions is partly due to the limited assets owned by MSMEs to be used as collateral for bank loans.Guarantee is theactivity of providing guarantees by the Guarantor for the fulfillment of Guaranteed financialobligations to the Recipient of the Guarantee.Guarantee Company is a legal entity engaged in finance with the main business activity of conducting guarantees. The problem examined is how the role of the guarantee company in helping MSMEs access credit in the banking sector and how the guarantee mechanism is carried out by the credit guarantee company. This study uses normative juridical researchmethods.
HAK DAN KEWAJIBAN NEGARA PEMILIKI INSTALASI LEPAS PANTAI TERHADAPNAVIGASI INTERNASIONALMENURUTHUKUMINTERNASIONAL Hefni, Hanna Adistyana
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Along with the times, the types and methods of exploration and exploitation of the seaare also experiencing developments, such as oil and gas drilling offshore and the construction of offshore installations to smooth the process of oil andgas exploitation and production. The emergence of other objects besides ships in the waters certainlybecomes a problem for international navigation activities which have long been the activities of nations since ancient times. Therefore this paper discusses the rights and obligations of the countries that have offshore installations to international navigation according to international law. The method used in this paper is a normative research method. Furthermore the results of this paper find that in aneffort to implement these rights and obligations States have adopted a 500-meter safety zone policy around offshoreinstallations. So far no cases of violations of international navigation have been found as a result of the presence of theseoffshore installations.
PERLINDUNGAN TERHADAP HAK-HAK PEREMPUAN PEKERJAMIGRAN INDONESIA DALAM UNDANG-UNDANG NOMOR 18 TAHUN 2017: PERSPEKTIF FEMINISME LEGAL THEORY Husnah, Wabilia
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Indonesian Migrant Workers (PMI) often experiencing physical, psychological, and sexual suffering. Indonesian Women Migrant Workers are also victims of trafficking. The implementation of Law of Indonesia No 18 Year 2017 is expected to protect Indonesian Women Migrant Workers. Thispaper will dissect the law through the perspective of the Feminist Legal Theory, to see whether the law has truly been able to fulfill all the rights of Indonesian Women Migrant Workers. This paper concludes that despite protecting Indonesian Women Migrant Workers, this law still feels gender blind. There are five weaknesses in this law, na mely: 1) not discussing the right to sexual and reproductive health; 2) does not discuss the protection of sexual and reproductive health; 3) there is no protection policy for women and children against sexual and reproductive health; 4) there is no training on the right to reproductive and sexual health for women; 5) there is no critical training and training on womens rights.
ANALISIS YURIDIS TERHADAPSTATUS HAK KEPEMILIKAN PERMUKIMAN PENDUDUK DI ATAS AIR Irman, Irman; Adhayanto, Oksep; Sari, Rany Kartika; Suryadi, Suryadi
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This research was conducted to examine whether Settlement on the water can be given ownership status as the right to land in theUUPA. The purpose of this study is to find out and analyze settlements on water, can the status of land rights be given as stipulated in the legislation, and with the hope that people who have houses and settlements on the water can obtain proof of ownership of land and buildings on the water. The research method usedis normative research, with a statutory approach and a historical approach. The results showed that although the Regulation of the Minister of Agrarian and Spatial Planning /Head of the National Land Agency of the Republic of Indonesia Number 17 of 2016 concerning Land Arrangement in Coastal Areas and Small Islands provides an opportunity to be given the right to land against settlements on the water in legal concept This is contrary to the UUPA which only regulates the types of land rights that are only granted to land and buildings that stand on land.
no2.3061DETERMINASI KEUANGAN NEGARA GUNA MEWUJUDKAN KEADILAN SOSIAL (SOCIAL EQUITY) BAGI SELURUHRAKYAT INDONESIA Simatupang, Dian Puji Nugraha
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State finances in Indonesia is not totally determined by the social equity factor because they tend to be determined by the leadership of the government, so the meaning of state finances in order to realize the goals of the state is very dependent on the model and typical of the President as the holder of the highest state financial management in Indonesia.Such conditions cause state finances to be planned,budgeted, and accounted for with models and mechanisms in accordance with the Presidents management concept, and not on the concept of realizing the goals of the state to achieve social justice. This paper describes the strategic aspects of the paradigmatic state finance policy and state financial policy during the leadership of the Indonesian government, as well as the need toreform the state finance law in Indonesia that supports the realization of thepurposes of the state.
no2.3064PENERAPAN OMNIBUS LAW CIPTA KERJA DI INDONESIA EFEKTIF ATAU TIDAK?STUDI TINJAUAN BERDASARKAN SISTEM HUKUM DI INDONESIA Putri, Dewi Sartika
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The overlapping of regulations in Indonesia makes Indonesian people uneasy in thismatter, business actors in implementing these various regulations. Besides overlapping regulations, the ineffectiveness of these regulations in terms of licensing submission procedures to the minimum supervision by the government has caused disappointmentfor many business actors who apply for licenses in opening their businesses. This can be an obstacle in the investment business climate in Indonesia. Therefore, President Jokowi in his speech at the time he was elected as the second President of Indonesia, alluded to the Omnibus Law on Employment Creation which meant simplifying regulations, especially in the licensing process to facilitate business actorsin opening their businesses in Indonesia.Many support this, especially business actors in Indonesia who want to develop their businesses, but many academics debate the policy of implementing the Omnibus Law whether it will be effective if implemented in Indonesia, given that Indonesia adheres to the civil law legal system.
PERBANDINGAN HUKUM RAHASIA DAGANG INDONESIA DENGAN AMERIKA SERIKAT (STUDI KOMPARATIF PUTUSAN MAHKAMAH AGUNG NOMOR 332 K/PID.SUS/2013) Febrina, Monica Yesica
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Legal protection of intellectual property is an important element in supporting creativity and trade. Indonesia has ratified the Agreementand Trade Related Aspects of Intellectual Property Rights and has enacted Law number 30 of 2000 concerning Trade Secret. Legal protection of trade secrets aims to protect business actors in trade practices both regionally and internationally. In addition,protection of trade secrets can prevent unfair business competition. Thus, business people have wider opportunities to develop their creativity and business. This research method is a normative research with comparative research type. This study examinesthe comparison of intellectual property protection laws specifically regarding trade secrets with laws in United States. The purpose of this comparative normative study to examine the extent to which the Trade Secret Act can be effective in its applicationas can be applied in the Supreme Court Decision.

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