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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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PEMBAGIAN HASIL MIGAS MELALUI COST RECOVERY DAN GROSS SPLIT BAGI SEBESAR-BESARNYA KEMAKMURAN RAKYAT MENURUT UUD NRI TAHUN 1945 Farhani, Athari; Azizah, Faiqah Nur; Usadhani, Panggalih; Kurniawan, Faridh
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Abstract

Indonesia is a country with abundant natural resources. In oil and gas, two models of product sharing contract are known, namely through cost recovery and gross split. Through Permen of ESDM Number 12 of 2020 concerning the Third Amendment to Regulation of the Minister of Energy and Mineral Resources Number 8 of 2017 concerning Gross Split Production Sharing Contracts, which through this regulation the government makes it easy for contractor entrepreneurs to choose the Gross Split and Cost Recovery model schemes. Meanwhile, the 1945 Constitution of the Republic of Indonesia has outlined that natural resources are controlled by the state and used to the greatest extent for the prosperity and welfare of the Indonesian people.
IMPLEMENTASI AKOMODASI YANG LAYAK BAGI PENYANDANG DISABILITAS DALAM PROSES PENYIDIKAN DI KEPOLISIAN KABUPATEN SLEMAN Devi, Rosa Pijar Cahya; Prasetio, Ignatius Loyola Iswaradatta
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Indonesia is a country that upholds human rights. The manifestation of Indonesia's commitment to supporting human rights is to provide equal opportunities for every citizen to access justice. To provide fair treatment so that every citizen can access justice, Indonesia provides affirmative discrimination to vulnerable groups through laws and regulations. One of affirmative discrimination is provided to groups with disabilities. Through Government Regulation No. 39 of 2020 on Procedural Accommodation for Persons with Disabilities in the Judicial Process, Indonesia regulates what rights must be given to persons with disabilities to be able to participate in any judicial process based on equal rights, including the investigation process. This research aims to determine whether the regulation of the rights of persons with disabilities in the judicial process is already well implemented in the police investigation process. The normative-empirical juridical research method was used by reviewing library data and conducting direct interviews with the parties involved in the field. As a result, the implementation of procedural accommodation for persons with disabilities in the investigation process is still minimal and needs to be improved. The Indonesian government needs to budget more funds to provide procedural accommodation for persons with disabilities so that they can participate in the investigation process properly and effectively
IMPLEMENTASI PASAR MODAL SYARIAH: FENOMENA SAHAM SYARIAH SEBAGAI ISU KAPITALISASI HALAL DI INDONESIA Munawiroh, Afifatul; Rumawi, Rumawi
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Abstract

This article is a research-based in a study library reseacrh. The theme raised in this study is Sharia Stocks as an Issue of Halal Capitalization in Indonesia. Sharia stocks are investments in the capital market which are based on Islamic-based rules. Investors in Islamic stocks are not only from Muslims but, non-Muslims can also invest in sharia shares. There are three important questions in this research. First, what is meant by Islamic stocks? Second, how the interaction of investors on Islamic stocks so that it becomes a national capitalization issue? Third, what is the implications of Islamic stocks as a national capitalization issue? With a phenomenology approach to explaining the interaction of investors on Islamic stocks so that it becomes a national capitalization issue and the implications of Islamic stocks as a national capitalization issue. Whereas, the purpose of Islamic stocks is explained in the analysis content approach. The result of this research is that Islamic stocks are one of the most attractive investments for investors because of the principle of justice that is upheld and they can also invest according to personal will because there is no relation to government licensing.
KEBIJAKAN PELAKSANAAN PATEN PEMERINTAH UNTUK PRODUK OBAT DAN VAKSIN: DISKURSUS SISTEM PELINDUNGAN KEKAYAAN INTELEKTUAL DALAM PERDAGANGAN INTERNASIONAL Margono, Suyud
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Abstract

Intellectual Property Protection system has contradiction with the Government's use of Patent Implementation Policy for Pharmaceutical Products, Medicines and Vaccines occurs in addition to the increasing need for Medicines and vaccines in the Covid-19 pandemic situation, due to the provisions of the Trade Related Aspect of Intellectual Property Rights (TRIPs) Agreement in International trade has become a legal instrument that makes intellectual property exclusively. Identification of this research problem among others: What should be the Exploitation and Protection Policies for Inventions of Vaccine Patent Products so that there are no contradictions in the Intellectual Property Rights (IPR) System for International trade? The research method is adjusted to the research topic, especially for the Intellectual Property Rights (IPR) protection system for Invention of Medicines and Vaccine product within the scope of international trade. Research finding that the Intellectual Property System does not only guarantee protection for inventions but includes efforts to adequately exploit patented drug and vaccine inventions, so that state intervention is needed not only during the Covid-19 pandemic but also for sustainability and conditions of community needs or public interest. Indonesia continues to fight for equal access to pharmaceutical drugs and vaccines for all countries. International Cooperation (both bilateral and multilateral) within the scope of international relations is aimed in strengthening cooperation to solve common problems.
PUSARAN KONFLIK AGRARIA DAN MODEL RESOLUSI KONFLIK BERBASIS KEADILAN RESTORATIF Nurnaningsih, Nurnaningsih
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Abstract

Land acquisition for public purposes does not really provide a solution for the National Strategic Project (PSN). Many land conflicts continue to occur as a result of this. The construction of the Bener Dam in Wadas Village, Bener District, Purworejo Regency, Central Java Province is one of the conflicts over the PSN. For that we need a solution that guarantees justice and legal protection for the people in Indonesia.
EVALUASI PELAKSANAAN PERADILAN DARING DI PENGADILAN AGAMA JAKARTA SELATAN UNTUK MENGOPTIMALISASI PENYELESAIAN PERKARA PERCERAIAN SELAMA PANDEMI COVID-19 Susetyo, Heru; Febriyanto, Satrio Alif; Kardinal, Rosalinda Estevani
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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Abstract

To facilitate judicial process implementation during the COVID-19 Pandemic, courts can be conducted online. Besides preventing mass gatherings that avoid during the COVID-19 Pandemic, online courts also have other benefits to shortening time and saving court costs. The study of online justice application at the South Jakarta Religious Courts aims to find out online justice application in the divorce cases settlement with the final result of an online justice application evaluation in the divorce cases settlement during the COVID-19 Pandemic that can be used as evaluation material for stakeholders so that online courts can conduct better in the future. The research method used is juridical-normative through the literature and legislation studies related to divorce, lawsuits, online courts, and case data at the South Jakarta Religious Court. Based on the research result, the implementation of justice at the South Jakarta Religious Court has reflected the state presence in providing legal certainty for citizens in the jurisdiction of South Jakarta through the judicial process implementation during the COVID-19 Pandemic continues to run smoothly. However, the reality of online courts often experiences several obstacles, so a thorough implementation evaluation and its impact on the ongoing judicial process is required.
DEREGULASI TERHADAP PARADOKS VAKSIN COVID-19 SEBAGAI BARANG PUBLIK DAN VAKSIN BERBAYAR DALAM PERATURAN MENTERI KESEHATAN NOMOR 19 TAHUN 2021 Ahsan, Fikri
Jurnal Hukum & Pembangunan
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Abstract

The Coronavirus Virus Disease 2019 (COVID-19) vaccine coronavirus (COVID-19) on pandemics is public goods that make public use of all societies in general, but in the regulation of the minister of health number 19 of 2021 regarding the second amendment to the regulation of the minister of health number 10 of 2021 regarding the implementation of vaccinations in the wake of the corona virus virus 2019 (COVID-19) vaccine, Explains the cooperative vaccination that funding is imposed on individuals/individuals (paid). This goes against public goods and tends to become commercial private goods, so in this pandemic of covid-19 should not be sold commercially for any reason, even if it is governed by legislation.
TELAAH KRITIS PUTUSAN ARBITRASE SEBAGAI DASAR PERMOHONAN PAILIT Harahap, Syaiful Khoiri
Jurnal Hukum & Pembangunan
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Abstract

Against the arbitral award, the parties should be able to implement it voluntarily. If the losing party does not want to carry out its obligations by the specified deadline, then the obligation is a debt that must be paid by the debtor to the creditor. Based on article 8 paragraph 4, the proof in bankruptcy must be proven simply as a condition for bankruptcy of the debtor. The arbitration award should be the basis for the bankruptcy of the debtor. From the research results it can be concluded that bankruptcy can only occur if the debtor admits that he has debts to creditors and this must be proven simply. The commercial court considers the application of the arbitration award as the basis for filing a bankruptcy petition to be excessive and overlapping, resulting in the rejection of the bankruptcy petition. Therefore, judges are advised to enforce the provisions as stated in the law and be able to make legal breakthroughs (legal discoveries) in the field of bankruptcy.
PENGATURAN PEMBATASAN PENGGUNAAN DATA NASABAH BANK UNTUK MENCEGAH PENGGELAPAN DANA NASABAH DI BANK Nainggolan, Nathasya Nauli; Velentina, Rouli Anita
Jurnal Hukum & Pembangunan
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As financial institutions, banks are required to have customer data protection mechanisms. This is for the sake of the banking busines’ continuity that is being undertaken. The sustainability of a bank's business is largely determined by the trust of the customers to save funds and use bank services. The customer data protection mechanism is one of a risk management form that is primarily aimed at protecting customer personal data, which is useful for preventing the risk of misuse of bank customer data by irresponsible persons. This study aims to discuss the provisions regarding the protection of customer data by banks in Indonesia in order to prevent banking crimes, especially embezzlement of customer funds. In order to conduct this study's normative legal research, secondary data sources were examined by collecting legal materials by means of a literature search supported by interviews. Based on the results of the research, it was found that although banks have their own protection mechanisms following the provisions stipulated by the Financial Services Authority (OJK) and Bank Indonesia (BI) as part of risk management, each bank has a system that is not necessarily the same as other banks. By reviewing the implementation of PT. Bank X and PT. Bank Y, Banks in general have an IT system to store customer data which can only be accessed by certain bank employees with an interest, and the opening of this data can be done in accordance with banking regulations. For fraud prevention mechanisms, banks enforce various kinds of internal and external protection in accordance with OJK and BI regulations.
ULTIMUM REMEDIUM TERHADAP KETERLIBATAN NOTARIS DALAM PERBUATAN MELAWAN HUKUM Fairuzia, Halwa; Velentina, Rouli Anita
Jurnal Hukum & Pembangunan
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Ultimum Remedium is a principle that means criminal sanctions should be the last resort in solving a problem, where civil and administrative sanctions are prioritised. In this journal, the researcher will discuss how this principle relates to the authority held by the Notary Honorary Council in limiting actions against the law committed by notaries. This study uses normative juridical research, where the law serves as a foundation for examining legal regulations related to legal issues regarding unlawful acts committed by notaries.

Page 40 of 53 | Total Record : 521

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