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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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Strategi Burden & Salvage: Formula yuridik untuk terapi doktrinal, phobia pajak karbon Bakir, Herman
Jurnal Hukum & Pembangunan
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This text introduces the burden & salvage doctrine, a formula providing an alternative path to develop a solid lex specialis within the realm of Pigouvian tax. It promotes a type of “juridical therapy” for the Indonesian government to overcome their excessive “fear” of carbon taxes, which had led them to surrender and revoke the program until the end of President Joko Widodo’s tenure Method: Data was gathered online using the World Wide Web’s search features to their fullest potential. Findings: Carbon tax should ideally be established by the legislation of the lex specialis type, characterized by the burden and salvage ideology. In this scheme, a carbon tax is essentially nothing more than a Pigouvian tax, not serving as a source of state revenue (unlike typical taxes). Vice versa, it serves as a long-term investment to guide society towards a modern existence characterized by a social life centred around a green economy, transportation, technology, and industry. The incurred costs will undoubtedly be substantial. Consequently, in the early stages of its implementation, it will “certainly” pose significant challenges for the government. This is because it involves the transformation of a nation—an issue of radical, fundamental, and comprehensive changes within a social structure. This seems unattainable in a nation ruled by a malevolent governmental system characterized by greed, selfishness, fascism, brutality, and corruption. The path will be smooth in a country where the government is a great philanthropist or an sinterklaas economie, providing significant funds and energy for sponsorship.
PANDANGAN JOHN FINNIS MENGENAI HUKUM YANG TIDAK ADIL Bello, Petrus CKL
Jurnal Hukum & Pembangunan
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Contemporary natural law thinker John Finnis in his book Natural Law and Natural Right published in 1980 differentiates between legal obligations and moral obligations. According to Finnis, legal obligations cannot change, while moral obligations can change, in the sense that when it comes to unjust laws, only the moral obligation to obey the unjust law is extinguished, while the legal obligation to obey the unjust law remains and is binding. For Finnis, natural law theory does not focus on the view that the law is wrong or against moral principles that cannot be called law (lex injusta non est lex), but focuses on the common good, and formulates how the legal system can strive for it. Although we do not have a moral obligation to obey unjust laws, in certain situations we still have a moral obligation to obey unjust laws to keep the legal system as a whole stable. The distinction or separation of legal obligations and moral obligations made by Finnis is weak in its relevance to unjust laws, as pointed out by his critics, namely Robert Alexy and Seow Hon Tan.
EVOLUSI HUKUM CYBERCRIME DALAM PERKEMBANGAN HUKUM DALAM DUNIA DIGITAL Ruddin, Isra; SGN, Subhan Zein
Jurnal Hukum & Pembangunan
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This research explores the evolution of cybercrime law in the face of developments in information and communication technology (ICT) over the last few decades. The development of digital technology has provided countless benefits, but has also given rise to increasingly complex threats in the form of cyberattacks and cybercrime. The aim of this research is to investigate how cybercrime law has evolved in response to changes in ICT and how these developments have influenced the effectiveness of cybercrime law enforcement. This research also analyzes the role of cross-border cooperation in cybercrime law enforcement and how developments in international law have influenced countries' ability to deal with global cybercrime threats. The research results show that the evolution of cybercrime law includes the establishment of more specific cybercrime laws and stronger protection of personal data. Cross-border cooperation plays an important role in cybercrime law enforcement, including information exchange, joint prosecution, asset freezing, and extradition. Developments in international law, such as the Budapest Convention and the General Data Protection Regulation (GDPR), have provided the legal basis necessary for more effective cross-border cooperation. However, challenges remain, including legal and jurisdictional differences between countries that often hamper law enforcement efforts. Therefore, increasing international cooperation and efforts to overcome these obstacles is critical in maintaining security and privacy in the ever-evolving digital era.
PERATURAN KRATON YOGYAKARTA YANG TAK LAGI JADUL (Suatu Analisis terhadap Pembaharuan Teknik, Format dan Muatan Dawuh Dalem di Kraton Yogyakarta) Beni, Rozi
Jurnal Hukum & Pembangunan
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In the midst of the rapid development of the conception and implementation of a modern and democratic government structure, the Ngayogyakarta Hadiningrat Sultanate was able to preserve its customary laws, including regarding governance and government structure in a monarchical system regulated in the Kraton's statutory regulations. Customary law, such as Dawuh Dalem, is often considered ancient, out of date, only important for legal historians, and other skeptical views. However, in reality, customary law is still alive with various reforms. In this normative research, we discuss the renewal of the internal statutory regulations of the Yogyakarta Palace, called Dawuh Dalem. The Dawuh Dalem studied is Dawuh Dalem Number: 01 / DD / HB10 / ALIP. 1955.2022 Date Kaping 14 Pasa, Alip 1955, Surya Kaping 16 April 2022 Chapter Pranatan Anyar Tata Assemble Printing Palace Ngayogyakarta Hadiningrat Ngganti Dawuh Dalem Figure: 01/Dd/Hb The Dalem is an internal regulation of the Yogyakarta Palace, but the preparation technique, format and content of the Dawuh Dalem have adopted and are in accordance with the drafting rules and framework of state laws and regulations as regulated in the Law on the Establishment of Legislation. Apart from that, the contents of Dawuh Dalem also include the philosophical basis, vision, mission and goals, as well as the distribution of job duties within the Government of the Ngayogyakarta Sultanate. This shows that, although the government system in the Kraton adheres to a monarchical system, it has succeeded in reforming the Kraton's regulations by adopting the rules of modern and democratic state legislation. Dawuh Dalem is open to be developed, maintained and renewed. More than that, the regulatory content in Dawuh Dalem Kraton which contains guidelines for behavior, justice, protection, ethical behavior, anti-corruption and other universal values, shows that in fact customary law is relevant and connected and can be a source of national and international law.
Perjanjian Perkawinan: Sebuah Analisis Terhadap Putusan Mahkamah Konstitusi 69/PUU-XIII/2015 Hapsari, Hening
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Marriage agreements remain a frequently debated and somewhat sensitive issue within the context of matrimony in Indonesia, notwithstanding their explicit existence in the country's legal regulations. Governed by the Marriage Law Number 1 of 1974 and addressed in the Civil Code (KUHPerdata/BW), marriage agreements are formulated by spouses before the solemnization of the marriage. However, a significant development occurred in 2015 when a constitutional challenge was raised against Article 29 of the Marriage Law Number 1 of 1974. In its definitive decision, the Constitutional Court ruled that marriage agreements could be established before, during, or after the marriage ceremony. This has engendered a considerable amount of both support and opposition, considering the numerous shifts that have ensued, such as legal inconsistencies, the potential for legal circumvention, and adverse consequences for the involved parties. Key words: Marriage Agreement, Constitutional Court Decision, Analysis.
Ketentuan TPKS dalam KUHP Baru Suryani, Leony Sondang; Ghozi, Ahmad
Jurnal Hukum & Pembangunan
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Isu kekerasan seksual terus berkembang sebagaimana perkembangan kejahatan terkait kekerasan seksual. Hal ini dilatarbelakangi oleh semakin maraknya kasus-kasus kekerasan seksual di Indonesia. Untuk menjawab permasalahan ini, maka dibentuklah UU TPKS sebagai solusi dari maraknya kekerasan seksual di Indonesia. Dalam UU TPKS tidak hanya berfokus pada korban perempuan dari tindak pidana kekerasan seksual, tetapi mencakup juga yang disebut kelompok rentan. Namun demikian, reformasi Hukum Pidana Indonesia mengenal adanya KUHP baru yang di dalamnya dimuat prinsip-prinsip penting dalam perumusan eperti rekodifikasi terbuka, prinsip Keseimbangan, dan prinsip lain yang relevan dalam penyusunan KUHP Indonesia. KUHP juga sudah mengadopsi nilai-nilai yang ada dalam konvensi-konvensi internasional termasuk CEDAW yang merupakan salah satu konvensi terpenting bagi pengaturan UU TPKS. Hal ini tentu akan menimbulkan perbedaan pendapat, apakah ketentuan hukum pidana materiil dalam UU TPKS (yang baru disahkan) perlu untuk dimasukkan dalam KUHP atau dibiarkan tetap berada di luar sebagai suatu ketentuan pidana khusus? Artikel ini akan membahas permasalahan mengenai kedudukan UU TPKS terhadap KUHP. Permasalahan akan dijawab dengan melihat proses legislasi UU TPKS termasuk landasan teoritis yang digunakan perumus UU TPKS. Selanjutnya, penulis juga akan menganalisis apakah UU TPKS merupakan suatu undang-undang khusus terutama jika dibandingkan dengan perkembangan isu-isu aktual yang ada di KUHP.
KONSEP KECAKAPAN SUBJEK HUKUM DALAM KEWENANGAN BERTINDAK PADA HUKUM PERKAWINAN DI INDONESIA DARI PERSPEKTIF PSIKOLOGIS Martinelli, Imelda; Priyono, Joko; Yunanto, Yunanto
Jurnal Hukum & Pembangunan
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This study explores the concept of 'injustice' in legal policy, focusing on the 'criterion of injustice' from the perspective of the individual's legal rights. The study identifies several differences in Indonesian legal systems, but focuses on the 'injustice' principle as a common principle in the legal system. The study also discusses the concept of 'injustice' as a legal principle that can be applied both in the public and private sectors. The study also highlights the role of 'law' in legal policy, which is a central aspect of legal research and is still present in the legal system. The study distinguishes between two main groups of law: law as a branch of legal discipline and law as an activity of obtaining ‘values'. The methodology used in this writing is a legal normative method. The study concludes that 'law' is a political activity that aims to achieve a specific social goal as a result of its principles. Psychological theories suggest a significant difference between 18 and 19-year-olds, with 19-year-olds often being considered as a priority due to the shorter school year in Indonesia, although the answer for this due to the conditions, 18-year-olds is considered a proper marriageable age.
Analisis Hukum Interrnasional Terhadap Allowable Catch Dalam Upaya Pencegahan Praktik Overfishing dan Penerapannya di Indonesia Zunit, Jemie Devano; Zora, Zimtya
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The sea has a huge amount of potential. With an abundance of fish and very wonderful biodiversity. However, nowadays there are many irresponsible individuals who overexploit the biological riches in the sea, resulting in overfishing. Overfishing is a method of excessive fishing which will have an impact on a drastic and continuous decline in fish populations which will later lead to extinction. For this reason, we need a way to suppress overfishing, namely the implementation of allowable catch. Allowable catch can be used by coastal states as a management technique to limit fishing in certain areas. This study used normative juridical research methods with descriptive research specifications and analyzed them through library research. Allowable catch has been regulated in international law on Article 61 of UNCLOS 1982 with the hope of reducing overfishing rates. To determine the allowable catch, use the formula JTB = 80% x MSY. The implementation of allowable catch in Indonesia has been regulated in the Ministerial Decree of Maritime Affairs and Fisheries Republic of Indonesia Number 19 of 2022 concerning Estimation of Fish Resource Potential, JTB, and the Level of Fish Resource Utilization in the Fisheries Management Areas of the Republic of Indonesia. In this Ministerial Decree, the level of utilization has been divided into 3 categories, namely moderate (in the developing stage), fully-exploited (saturated or close to saturation), and overfishing (excessive fishing).
Peninjauan Kembali Demi Keadilan Alfret, Alfret
Jurnal Hukum & Pembangunan
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Abstract As the world of law develops, there are more and more new provisions related to the implementation of Judicial Review (PK). Some concrete examples related to the development of PK provisions themselves are that a PK can only be carried out once. Apart from that, there is also a provision that the public prosecutor cannot carry out request for reconsideration. This raises the question of whether these restrictions do not conflict with the principles of justice. This research was studied using normative juridical methods based on existing legal provisions and decisions. So the results of this research show that PK restrictions can be distorted for the sake of justice so that legal provisions related to judicial review should not contain restrictions that make it difficult for justice seekers. Keywords: Judicial Review; Justice; Court ruling
Kawasan Strategis Pariwisata Nasional (KSPN) Borobudur Dalam Perspektif Poltik Hukum Otonomi Daerah Triantono, Triantono; Marizal, Muhammad; Ardhi Razaq A, Muhammad
Jurnal Hukum & Pembangunan
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Policy of the Borobudur National Tourism Strategic Area (KSPN) still has problems in terms of central and regional legal policy relations, village authority, and the approach of community participation. Research related to this was carried out using a normative juridical method with an empirical approach. Data was collected through the collection of legal materials, observations, in-depth interviews, and FGDs with key groups. The collected data is then processed and analyzed to produce an analytical description. The results of the study show that the policy of the Borobudur area as a strategic national tourism area (KSPN) opens opportunities, especially in improving regional management to improve community welfare. However, problems in the era of regional autonomy and the increasing capacity of village government authorities are still encountered regarding the synergies of the legal policy of managing the Borobudur area as an area of cultural heritage, tourism and education. The problem of participation, protection and empowerment of communities around the Borobudur area is also still encountered and becomes an important point through a protective-responsive empowerment approach.

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