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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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REDISTRIBUSI TANAH BEKAS HAK ERFPACHT DALAM KAITANNYA DENGAN PILOT PROJECT OF AGRARIAN REFORM GUNA MEWUJUDKAN SUSTAINABLE DEVELOPMENT DI DESA GALENGDOWO, KABUPATEN JOMBANG Fernanda, Fadila; Kartika, Adhitya Widya
Jurnal Hukum & Pembangunan
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The redistribution of land with erfpacht right in Galengdowo village is one of the agrarian reform programs in the form of distributing state land to cultivators by giving ownership right to the land they cultivate. These freehold land certificates can then be used as collateral to obtain business capital through Community Land Empowerment (CLE) which is aimed at becoming a pilot project for an agrarian reforma village producing coffee and dairy products by developing regional-level businesses to become national scale. This study uses an empirical legal research method that examines the implementation of law in society. The approach used is a qualitative approach based on primary, secondary and tertiary legal sources. The results of this study explain that the implementation of the redistribution of erfpacht title land in Galengdowo village has met conformity based on laws and regulations so that the land redistribution program can be said to have provided legal certainty and benefits to the people of Galengdowo village. mainly in the increase in revenue up to 125.7%. The implementation of the redistribution of erfpacht title land in Galengdowo village also encountered a number of obstacles, but these obstacles could be overcome properly through ideas from the Central and Regional Governments.
KEPING PUZZLE YANG HILANG: MENELAAH HAK YANG SIRNA TERHADAP NARAPIDANA Azis, Muhammad Abdul; Putri, Riski Ananda Kusuma; Rahman, Nur
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Prisons have a reputation for being cages of deprivation of freedom and atonement for wrongdoing. Prisoners lose their independence because prisons restrict their movement, including their sexual needs, which is like the "missing piece of the puzzle." The discussion in this article tries to explore the missing piece of prisoners' rights, examine, and analyze the impact of the Conjugal Visit program for prisoners in Indonesia, to bring new light to the realization of human rights in the prison system aimed at legal protection and fulfillment of human rights. This article uses normative legal methods. Systematic legal comparison is used to examine literature study data. The result is that, sexual rights are fundamental. Prisoners must be fulfilled. Unmet basic needs can harm physical and mental health. The principle of basic human needs. Law of the Republic of Indonesia Number 36 of 2009 concerning Health supports Conjugal Visit in Indonesia. Legal system theory and international practice in the implementation of Conjugal Visit should be a reference for implementation in Indonesia.
DEWAN PERTIMBANGAN PRESIDEN DALAM STRUKTUR KETATANEGARAAN INDONESIA Prasetya, Brilliant Bintang; Wasti, Ryan Muthiara
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The existence of the Presidential Advisory Council is inseparable from the history of state administration with the political phenomenon of law. Various ideas of pros and cons questioned the position and authority of the country's advisory institutions. The institution which at the beginning of its formation was named the Supreme Advisory Council then turned into a Presidential Advisory Council under the executive rule after the amendment to the 1945 Constitution. The shift raises the peculiarities of the position of advisors not under the authority given by advice. Reflecting on the discourse, this paper reviews how the position and extent of the authority of the Presidential Advisory Council in offsetting the branches of power by exploring the historical, juridical aspects and the study of comparison of similar institutions in various countries of the world. Based on the review, the author is of the view that the Presidential Advisory Council should be separated from the executive power branch and is at the same degree. In addition, there is a need for the authority of legislative advisors that can prevent the supremacy of legislatively monopolizing the formation of legislation. At the end, even though the government does not bind itself to the opinion of advisors, but to maintain the authority of the institution it is necessary to be given the authority of the delivery of motion in state hearing.
DATABASE FLOKLORE DALAM UNDANG-UNDANG TENTANG HAK CIPTA DAN UNDANG-UNDANG TENTANG PEMAJUAN KEBUDAYAAN Sulistiorini, Lora Sinta
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Law 28/2014 on Copyright and Law 5/2017 on Cultural Promotion have a major role in regulating and protecting floklore. This can be seen from the norms that regulate the mechanism for protecting floklore in Article 38 paragraph (2) of the Copyright Law, which states that the state is obliged to make an inventory, maintain, and maintain traditional cultural expressions.law a quo also regulates the procedures for recording as contained in Articles 66-72. Not only that, the Law for the Advancement of Culture also regulates the floklore database through Articles 16-26 of a quo. The two laws then raise the question, which law explicitly regulates floklore, especially the floklore database? Based on this explanation, this article will focus on two problem formulations, namely how to compare the floklore database in the Copyright Law and the Cultural Advancement Law, and which regulations (Copyright Law or Cultural Promotion Law) are appropriate to regulate the floklore database. By using a normative legal research method, which uses a statutory approach and a conceptual approach, this article will present a comparison of the provisions of the floklore database in the Copyright Law and the Cultural Promotion Law, as well as an analysis of whether or not the floklore database arrangement in the Copyright Law or the Cultural Promotion Law is appropriate. .database floklore in the Law for the Advancement of Culture is more detailed than in the Copyright Law. Second, floklore as one of the objects of cultural promotion in the Law for the Advancement of Culture, in some cases is also an object of IPR or in this case copyright in the Copyright Law.
BENTUK PENANAMAN MODAL ASING BANGKOK BANK DI INDONESIA BERDASARKAN HUKUM PENANAMAN MODAL Sinulingga, Desi Ariani
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Investment is part of the implementation of the country's economy which aims to increase national economic growth, create jobs, and encourage national economic development so that a prosperous, equal, and prosperous society can be realized. Investment regulation in Indonesia has been started since the issuance of Act Number 1 of 1967 concerning Foreign Investment and Act Number 6 of 1968 concerning Domestic Investment. Both regulations have been revoked by Act Number 25 of 2007 concerning Investment, and part of the provisions have been amended by the Omnibus Act Number 11 of 2020 concerning Job Creation. Foreign investment in Indonesia can be implemented in various ways. One of the sectors that is very open to foreign investment is the banking sector. On 20 May 2020, Bank Public Company Limited (“Bangkok Bank”) made foreign investment in Indonesia through the takeover or acquisition of shares of Bank Permata, which was previously owned by PT Astra International Tbk and Standard Chartered by 89.12%. Bangkok Bank is a limited liability company with the status of a public company engaged in banking and established in Thailand. The presence of Bangkok Bank in Indonesia began in 1968 by establishing a branch office in Indonesia, namely Bangkok Bank Indonesia.
MENELISIK SIKAP PEMERINTAH INDONESIA DALAM MENGHADAPI KELANGKAAN ALAT PELINDUNG DIRI DITENGAH WABAH PANDEMI CORONAVIRUS DISEASE (DITINJAU DARI UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN) Gondokesumo, Marisca; Amir, Nabbilah
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World Health Organization (WHO) has established coronavirus disease 2019 (COVID-19) as Public Health Emergency of International Concern (PHEIC), WHO recommends all countries to anticipate COVID-19. One important element needed to deal with the virus is personal protective equipment that is used by medical personnel to carry out medical treatment for patients infected with COVID-19, but the item is scarcity in Indonesia. What is the attitude of the Indonesian government in responding to the scarcity of personal protective equipment. The research method used is empirical juridical. The results showed that the scarcity of the availability of personal protective equipment due to the phenomenon of panic in the community who flocked to buy personal protective equipment. To overcome these conditions, the government established policies to facilitate the import of certain products, especially in the form of masks and personal protective equipment. As well as businesses temporarily prohibited from exporting personal protective equipment, if violated, sanctions will be given to him.
ANALISIS POLITIK HUKUM ISLAM BERBASIS MAQOSHID SYARI’AH (STUDI TERHADAP KONSEP ANAK SAH DALAM UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN) Asmuni, Asmuni; Firman, Agus
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This article aims to use maqashid sharia to analyze the conformity of the rules regarding legitimate children in Article 42 of the Marriage Law (UUP) with sharia principles. At the level of application of the law, it will also be seen whether the regulation is in accordance with the basic principles of maqashid. The results of this study indicate that the provisions of Article 42 UUP which equate the status of children born 'as a result of' and 'in' a legal marriage, are not in accordance with sharia principles. The Office of Religious Affairs (KUA) in determining marriage guardians for children born 'in' marriage also does not fully comply with the provisions of this article. On the basis of this fact, it is necessary to amend the formulation of Article 42 UUP so that it is in accordance with sharia principles. Furthermore, the formulation of the Article is amended by only emphasizing that a legitimate child is a child born 'as a result of' a legal marriage. Or if the old formula is to be maintained, there must be an additional article or explanation regarding the differences in the rights of children born 'as a result of' with children born 'in' a legal marriage
MEKANISME HUKUM ADAT PERDMAIAN ( MELA SARE ) DALAM MEWUJUDKA REKONSILIASI PARA PIHAK PASCA PUTUSAN PENGADILAN PADA MASYARAKAT LAMAHOLOT DI ADONARA – FLORES TIMUR Sili, Handrianus David Ola
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The substance aspect that underlies this writing in the Adonara community, the implication of a court decision is the breakdown of relations / relations both personal and social between the parties to the dispute or "kenetun". In order for the implication of the court decision to help eliminate the "kenetun" customary bulkhead, an effort was made to reconcile the parties to the dispute. Interesting to study more deeply, the Lamaholot community has a customary law tradition that is packaged in the traditional ritual of peace mela sare. This research is sociological law (sociological legal research) or empirical legal research with the type of research on legal effectiveness. Based on the results of the research that has been carried out, it can be found that several aspects that bind the customary law of peace (mela sare) in realizing the relations of the parties after the judicial decision is diantranya: First, resolve salihan. Secondly, save the traditional adat block. Third, value oriented namely; the value of justice, the value of truth, the value of peace. Fourth, build relationships and victims. While for legal renewal is restorative justice. The aim of restorative justice is to restore harmony between victims and murder. For victims, this means physical loss and psychological loss. For the brave, it means taking responsibility, taking shame and regaining dignity.
MODEL PENCANTUMAN ASAS HUKUM DALAM PEMBENTUKAN HUKUM PERIKATAN NASIONAL Djumikasih, Djumikasih
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Indonesia is currently trying to draft a law of engagement. In the drafting process, there are differences of opinion as to whether the principles of binding law will be written explicitly or implicitly. Based on the results of the discussion, it can be concluded that, the nature of legal principles is a very important and fundamental thing, which comes from ethical values that exist in society, which is very useful because it is a direction guide, for the formation of legal norms and law enforcement itself. The function of legal principles is not only as a foundation, heart or bridge in the formation of binding law, but also functions as a compass for direction for the enforcement of binding law, because when there are problems in binding law that occur in the community while there are no rules governing it either in the law or in the agreement itself, the problem solving can be based on existing principles that function as a compass for direction for solving the problem. The right model for the inclusion of legal principles in the future Indonesian Bond Law is to be included explicitly to ensure legal certainty, justice and expediency. Based on the above conclusions, the author suggests the following: For the formulators of the Indonesian Law of Association, the inclusion of the principles of the future Indonesian Law of Association should be explicitly stated to ensure legal certainty for the parties and facilitate notaries and judges in enforcing the law of association. For judges, it is recommended that if they handle cases of binding law that have no legal basis, they can return to the existing principles of binding law. Notaries should pay attention to the principles of the law of engagement in drafting the deed of agreement requested by the parties.
TANGGUNG JAWAB HUKUM INVENTOR ATAS INVENSI KECERDASAN BUATAN (ARTIFICIAL INTELLIGENCE) DI INDONESIA Putranti, Deslaely; Anggraeny, Kurnia Dewi
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The pace of technological development can no longer be restrained until the emergence of artificial intelligence (AI) which later, turns out to have a negative impact on its application. AI is a computer system program created by humans. However, the invention of AI in one hand makes human work easier, it is also noticeable that there are several criminal cases "performed" by AI. This research is qualitative research with doctrinal research. The data used include secondary data consisting of primary, secondary and tertiary legal materials. The method of data collection is done through document study. This research concludes that the inventor of an invention of artificial intelligence can be charged with legal responsibility by applying the limits of liability both in civil and penal sanction. Further studies are needed to be able to answer the question of how far this responsibility can be carried out.

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