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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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URGENSI PEMBENTUKAN LAPORAN KHUSUS SEBAGAI SOLUSI ALAT BUKTI SURAT DALAM PENANGANAN KASUS TPPU DI INDONESIA: PINTU OPTIMALISASI HUBUNGAN PPATK-PENYIDIK Geraldine, Amanda; Altuti, Altuti; Firmansyah, Muhamad Rayhan
Jurnal Hukum & Pembangunan
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The Financial Transaction Reports and Analysis Centre or Financial intelligence unit (FIU) is an independent institution that has helped to eradicate and prevent money laundering crimes based on reports used as evidence or evidence in investigations. PPATK analysis report is made based on the report of the income and expenditure of unusual financial accounts by referring to the profile and identity of the owner. Financial Transactions requested by PPATK to be reported by the reporting party because it involves assets suspected of originating from the proceeds of a criminal offence. FATF has issued 40 specific recommendations (forty recommendations) and the eradication of money laundering, which are expected to be used by each country and 8 specific recommendations to combat the financing of terrorism. PPATK has the right to analyse assets from information provided by financial service providers. Therefore, there must be a result of PPATK's analysis as evidence, namely by introducing new products resulting from the coordination relationship between PPATK and the investigators.
PEREMPUAN SEBAGAI KORBAN KEKERASAN SEKSUAL: APAKAH HUKUM SUDAH CUKUP MEMBERIKAN KEADILAN? Faisal, Faisal; Ghazali, Mardania; Umar, Mahmud Hi.; Djafar, Muhammad Mufti M.
Jurnal Hukum & Pembangunan
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Sexual violence is not a new thing heard in the ears of the Indonesian people. Sexual violence is a serious form of crime that should be a serious concern for the government. The Commission on Violence Against Women notes that every two hours, there are 3 Indonesian women who experience sexual violence. This is what makes Indonesia in a state of emergency sexual violence. In fact, sexual violence is still common in Indonesia. The number of victim blaming that occurs in the community, tends to blame victims of sexual violence. Even though the facts show that the impact of sexual violence on victims is very serious and traumatic and can last a lifetime. The presence of a new Criminal Code and also a special law discussing sexual violence is expected to minimize cases of sexual violence that occur.
PERLINDUNGAN HAK ASASI ANAK JALANAN DALAM BIDANG PENDIDIKAN MENURUT HUKUM NASIONAL DAN KONVENSI INTERNASIONAL Haling, Syamsul; Halim, Paisal; Badruddin, Syamsiah; Djanggih, Hardianto
Jurnal Hukum & Pembangunan
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Street children however have become phenomena that demand the attention of all parties. The existence of this research raises the problem, namely, First, How the Behavior and Qualification Child Education Ham Violations Education, How Efforts and Protection of Rights of Street Children in The Field of Education. Method of Study is a juridical-normative method by examining national legislation and international conventions relating to the rights of children in the field of education. The results showe, a form of violation of the rights of street children in the field of education is an action neglected by the government and including the category of violence by omission that can be justified juridically to the government that there is obligation for the government to be held accountable in the area of law
BUKA SIAPE SAMBEHIN INJIN: KOMENTAR ATAS PUTUSAN TENTANG IZIN LINGKUNGAN PLTU CELUKAN BAWANG Wibisana, Andri Gunawan; Fadhillah, Fajri
Jurnal Hukum & Pembangunan
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This paper examines administrative court’s view in the Izin Lingkungan PLTU Celukan Bawang case. The paper puts emphasis on the use of actual losses to assess the plaintiffs’ legal standing and the deadline for filing a lawsuit. This paper considers that the court was incorrect in interpreting the legal standing by focusing on the absence of plaintiffs’ actual losses. The court also took a conservative position in determining the deadline for filing the lawsuit. This paper criticizes the court’s failure to take into account the issue of climate change addressed by the plaintiffs, so that the court missed a golden opportunity to become one of the few rulings pioneering the discussion of climate change in the EIA study. It is the court's inaccuracy in assessing the interests of the Plaintiffs that prevented the court from seriously and deeply discussing the substantive issues argued by the plaintiffs, including the issue of climate change.
IMPLIKASI PENAMBANGAN EMAS ILEGAL PADA MASYARAKAT ADAT YONAMAMI AMAZON BRASIL Diyani, Trini; Allagan, Tiurma Mangihut Pitta
Jurnal Hukum & Pembangunan Vol. 52, No. 2
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The study seeks to understand the implications of mining on the rights of the Yanomami Indigenous Peoples of theBrazilian Amazon. Brazil has great potential for mining activities in the future. However, in recent years there has been a large number of illegal gold mining activities contributing greatly to the environment both physically and socially. Illegal mining leads to clashes between miners and the Yanomami tribe as well as severe environmental degradation. These miners are estimated to account for about a third of Brazil's gold production. Illegal gold mining in the Amazon increases deforestation and water pollution resulting in deforestation of the Amazon jungle. The illegal gold mining that occurs in the Yanomami Indigenous Tribe has been contrary to the nawacita spirit of the International Labour Convention No. 169 of 1989. The Inter-American Commission on Human Rights (IACHR) recommends that the government take preventive and curative measures to protect the Yanomami indigenous area.
PEMBARUAN PEMAHAMAN BAHASA HUKUM INDONESIA DALAM PENAFSIRAN KONSTITUSI UNTUK JAMINAN KEPASTIAN HUKUM Elnizar, Normand Edwin
Jurnal Hukum & Pembangunan
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This article attempts to explain legal language aspects need to be improved in implementing laws that uphold justice while at the same time provide legal certainty. The study is limited to the constitution as the highest law in the national legal system. The explanation of the linguistic aspect including foreign legal terminology in the constitutional interpretation and the constitutional interpretation as a discourse analysis. It was conducted by literature research to compare the paradigm of constitutional interpretation theory with linguistic aspects in linguistic theory. Decision Number 84/PUU-XVI/2018 used as example for this research. This qualitative research describes some linguistic aspects are useful for legal certainty in implementing laws. The main goal is upholding justice while at the same time ensuring better legal certainty. Constitutional interpretation theory and theories in linguistics are described to capture problems that occur regarding legal certainty. The linguistic theory described are register from sociolinguistic, semantic, and discourse theory. The results of this study indicate that the interpretation of the constitution in Decision Number 84/PUU-XVI/2018 has made good use of the understanding in semantic studies for the use of foreign legal terminology. The results of this study also assess that the use of discourse theory can combine the results of the interpretation of originalism and non-originalism as a unitary meaning of the constitution. This method can be useful in increasing legal certainty by combining results from the interpretation of originalism and non-originalism.
Paradigma Model Legislasi dan Tujuan Penguatan Sistem Presidensial Republik Indonesia Hartama, Aldi Yoga
Jurnal Hukum & Pembangunan
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One of the five basic agreements in the constitutional amendment is to strengthen the presidential system. However, the legislative practices that have been running so far tend to move away from the character of legislation in the presidential system itself. This paper tries to suggest the dynamics of the legislative model that runs after the 2002 constitutional amendment. At the same time, it will discuss how the legislative process should be carried out in a presidential system of government and its comparison with the legislative process in a parliamentary system of government.
Pelestarian Ekosistem: Urgensi Pengaturan Sanksi Pemulihan Bagi Spesies dalam Kejahatan terhadap Satwa Liar Utami, Britha Mahanani Dian
Jurnal Hukum & Pembangunan
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Law Number 5 of 1990 concerning the Conservation of Natural Resources and Ecosystems has never been revised while the development of science and technology has influenced a paradigm shift in the protection of biodiversity. The proposal of Commission IV of the House of Representatives to propose a revision of Law Number 5 of 1990 was approved in the Plenary Session as a 2021 Priority Bill. However, in the draft Biodiversity Conservation Bill, recovery is still oriented towards the recovery of the area, while not yet regulating recovery for species that are victims of crime. This paper argues that the regulation of recovery sanctions for species in cases of wildlife crime is a must, because of two main things, namely first, the recognition of animal legal rights requires the state to formulate legal rules that are more favorable and see legal protection solely aimed at the interests of animals. Secondly, wildlife is part of the ecosystem components, which are interdependent, and if it is taken from nature, there must be actions to recover it and return it to nature so that the ecosystem cycle is restored. The regulation of sanctions for species recovery should at least explicitly stipulate that the responsibility for the cost of species recovery should be attached to the perpetrator.
Kekuatan Mengikat Akta Perdamaian (Acte Van Dading) Yang Dibuat Diluar Pengadilan Yang Isinya Berbeda Dengan Putusan Yang Sudah Berkekuatan Hukum Tetap (In Kracht Van Gewijsde) Mukti, Dhimas Haris Anggara
Jurnal Hukum & Pembangunan
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This article discusses the legal force of peace deeds (acte van dading) made outside of court which contents are different from a legally binding decision (in kracht van gewijsde). The research used as writing material is research using philosophical approaches, normative juridical methods and literature review, which is carried out by examining library materials or secondary data. The results of the research conclude that a peace agreement is valid according to law if it meets the requirements set out in statutory regulations, either in the form of a private agreement or an authentic deed, which will have power for the parties who make it and apply as law to end a case. who is dependent. The legal force of a peace agreement made outside of court is recognized by law and can be stated in a peace deed (acte van dading) as long as it meets the requirements by filing a lawsuit. The legal force of a peace agreement made after a court decision at the first instance is recognized by law and can be included in a peace deed (acte van dading) as long as it meets the requirements by submitting it to the case examining judge at the legal remedy level.
Manajemen dan Mitigasi Risiko Lender Peer-To-Peer Lending Pasca Diundangkan POJK 10/2022 Shalmont, Jerry; Darmawan, Grace Iskandar; Dominica, Dora
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Peer to Peer Lending (P2P Lending) has become one of the financing options for both individuals and businesses. The use of P2P Lending during the COVID-19 pandemic has significantly increased from both borrowers and lenders. Recently, the issue of P2P Lending that is often discussed pertains to borrowers, but the lenders seem to be forgotten and not receiving special attention, even though lenders also require protection because they can at least protect themselves from the unwanted risk of default. This research is relevant because it is expected to provide information related to the management of P2P Lending companies and how to mitigate risks as a P2P Lending lender. The research results indicate that when investing, it's essential to consider not only the legality but also commercial aspects such as ease of fund transfer and withdrawal, collateral, and the 90-day past due rate. The approach to be used is a legal and conceptual approach.

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