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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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Penalaran dalam Putusan Mahkamah Konstitusi No. 64/PUU-X/2012 dalam kaitannya dengan Pelindungan Data Pribadi Nasabah Perbankan Di Indonesia Iskandar, Yosea
Jurnal Hukum & Pembangunan
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Abstract Title: The Significance of Constitutional Court Decision No. 64/PUU-X/2012 on Banking Customer Data Protection in Indonesia: An Analysis of Legal Interpretation and Implications This article delves into the pivotal role played by Constitutional Court Decision No. 64/PUU-X/2012 in shaping the concept and regulations governing the protection of personal banking data in Indonesia. The decision redefined the obligations of banks to maintain confidentiality, particularly concerning information about depositors and their deposits. Widely acclaimed as a legal breakthrough, the decision prompted the government to amend banking laws in 2022 to reflect the Court's new interpretation. In contrast to existing scholarly works on the subject, this analysis focuses primarily on the methods of interpretation and reasoning employed by the Supreme Court. The author argues that, without proper reasoning, even if a court decision aligns with societal needs at the time of its issuance, potential negative consequences must be anticipated. Conversely, accurate reasoning provides a deeper understanding of existing legal theories, valuable for future legal research. The article critically examines the legal innovation introduced by the Constitutional Court, categorizing it as a conditionally unconstitutional decision. The author questions the Court's authority to introduce new norms into legislation, exploring the historical and philosophical dimensions of this perspective. The implications of the decision are discussed, highlighting its self-executing and far-reaching character. Furthermore, the article scrutinizes logical fallacies present in the Court's reasoning. It identifies instances of post hoc fallacy, non sequitur, and hasty generalization, questioning the validity of conclusions drawn from certain premises. The Court's application of these fallacies, particularly in determining the constitutional infringement on spousal property rights, is dissected for inconsistencies and potential misinterpretations. The implications of Decision No. 64/PUU-X/2012 extend beyond the banking sector, influencing data protection regulations in various industries. The article emphasizes the need for further research to anticipate and address potential negative repercussions resulting from the broad impact of the Court's decision.
ASUMSI DASAR PEMBENTUKAN LINGKUNGAN PERADILAN AGRARIA DALAM PENDEKATAN SISTEM HUKUM Andjarwati, Any
Jurnal Hukum & Pembangunan
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The resolution of land and natural resource disputes through litigation encounters a complex set of issues, including protracted and convoluted processes, high costs, overlapping judgments for the same dispute object, and difficulties in executing verdicts. These unresolved issues can be partly attributed to the characteristics of judicial institutions in Indonesia, where constraints within the Constitution on the formulation of judicial authority for the establishment of an agrarian judiciary are a contributing factor. The aforementioned scenario is also associated with the nature of agrarian disputes, encompassing both public and private legal domains, thereby necessitating the resolution of such conflicts through specific mechanisms. Additionally, the incongruity of agrarian legislation and regulations, stemming from the causal nature of substantive legal issues, requires the elucidation of laws through the systematic organization of agrarian law (comprising reconstruction, reinterpretation, and creation) to uphold law, justice, and tangible benefits. This presents a substantial and essential duty for judges, which cannot be supplanted by ad hoc judges or by the existing design of judicial institutions. This circumstance further underscores the imperative need for the establishment of an agrarian judiciary in Indonesia.
Kesultanan Buton Dalam bingkai Ketatanegaraan dan Budaya Indonesia Rahmadhona, Rahmadhona
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Buton is a region located in Bau-Bau City, Southeast Sulawesi. The Sultanate of Buton began to show its existence since the beginning of the 15th century after previously running a government system with royal government. The Buton Sultanate, based on Islam, ran a democratic system of government. The state administration of the Buton Sultanate is interesting to discuss because its power structure is controlled by two groups, but all of its people have the same position in voice and politics. This paper is compiled using the literature study method and presents the results descriptively.
Penanaman Modal Asing Di Ibu Kota Nusantara Melalui Skema Kerja Sama Pemerintah Dengan Badan Usaha Rakhmani, Riki Taufik
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One of the sources of funding for the development of Ibu Kota Nusantara is through the Public-Private Partnership (PPP) scheme. From the private sector's perspective, the PPP scheme provides access, particularly for foreign investors, to participate in providing infrastructure for the public's benefit. In order to attract foreign investors to participate in PPP for Ibu Kota Nusantara, the government can provide support, including transaction preparation and implementation facilities, feasibility support, tax incentives, government guarantees, and/or the use of state-owned assets. Guarantee for infrastructure provision through PPP is given against infrastructure risks caused by factors determined in the Minister of Finance Regulation. This article analyzes how foreign investment is implemented through the PPP scheme for infrastructure provision in the Ibu Kota Nusantara, as well as the protection provided to investors through government guarantees.
Hak Warga Masyarakat terhadap Kebijakan Pemutusan Akses Penyelenggara Sistem Elektronik Lingkup Privat yang Tidak Terdaftar Wiryawan, Rinalvin Achmad
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The policy of terminating access to Private Scope Electronic System Providers (Private Scope PSE), to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, which occurred on July 30, 2022. The termination of Private Scope PSE Access is due to the unregistered Private Scope PSE, whose provisions are regulated in the Permenkominfo PSE Private Scope. The policy of terminating access to the Private Scope PSE by the government is detrimental to citizens as users of the Private Scope PSE platform services whose access is terminated by the Government. Citizens have the right to communicate and access Private Scope PSE services which are Human Rights, as stipulated in the provisions of Article 28F of the 1945 Constitution of the Republic of Indonesia, Article 14 of the Human Rights Law, Article 19 of the Universal Declaration of Human Rights, and Article 19 of the International Covenant on Civil and Political Rights. In addition, citizens have the right to file a state administrative lawsuit as stipulated in the provisions of Article 53 of the Law on State Administrative Courts, file a lawsuit for compensation as stipulated in the provisions of Article 3 of the Government Regulation on Compensation and Procedures for the Implementation of State Administrative Courts and administrative remedies which include legal remedies for objections and appeals as stipulated in the provisions of Article 75 and Article 76 of the Law on Government Administration.
Putusan Pengadilan Mengenai Biaya Ganti Rugi Lingkungan: Aplikasinya dalam Pemulihan Lingkungan PUTRI, RIZQYA NAFILA; Sukarsa, Dadang Epi; Imamulhadi, Imamulhadi
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Abstract Indonesia through Law Number 32 of 2009 concerning Environmental Protection and Management regulates the government has the right to file claims for compensation and certain actions. Minister of the Environment Regulation Number 7 of 2014 concerning Compensation for Environmental Pollution and/or Damage, as a derivative regulation, regulates that environmental compensation costs that have been paid are entered into the Treasury Fund as Non-Tax State Revenue (PNBP). This research identifies the mechanism for using environmental compensation costs, the implementation of court decisions containing environmental compensation before Supreme Court Regulation Number 1 of 2023 concerning Guidelines for Adjudicating Environmental Cases, and how this can be a solution to the problem of environmental compensation costs in Indonesia. This research applies a normative juridical approach method using several approaches, namely the conceptual approach, case approach, and comparison approach. The research results show that the environmental compensation costs that have been paid are included in the PNBP, making it difficult to disburse these funds because the process is long and the absence of a recovery plan means that the compensation costs charged to the defendant do not have a detailed calculation basis. Perma Number 1 of 2023 regulates that environmental compensation costs are managed in the court clerk's account and lawsuits are required to include a recovery plan. Keywords: Environmental Compensation Costs; Non-tax revenue; Recovery Plan
KEDUDUKAN OTORITA IBU KOTA NUSANTARA DALAM KETATANEGARAAN INDONESIA Al-Hamid, Syarif Anwar Said; Firmansyah, Ade Arif; Khoiriah, Siti
Jurnal Hukum & Pembangunan
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Otorita of the capital city of the nusantara is a state institution formed by Law Number 3 of 2022 concerning the State Capital which is then regulated in more detail through Presidential Regulation Number 62 of 2022 concerning Otorita of the capital city of the nusantara which becomes a special regional government for the national capital in implementing the development of the capital city archipelago. Head of otorita the capital city of the nusantara is the head of the regional government specifically for the national capital who is elected, appointed and dismissed by the president with the approval of the DPR. This research is to find out about how the position of the government authority agency for the capital city of the nusantara is based on the Indonesian constitutional system. This type of research is to use normative legal research by using a statutory problem approach, historical approach, and conceptual approach. The conclusion from the results of this study is that the authority for the capital city of the nusantara is not a regional government because, based on function and authority, the Otorita of the capital city of the nusantara is included in the auxiliary state's organ which supports the process of moving the national capital formed based on statutory regulations.
Perlindungan Hukum Irregular Migrant Workers Indonesia Dalam Prespektif Hak Asasi Manusia Nur Efsari, Hana
Jurnal Hukum & Pembangunan
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The increase in migrant workers is also accompanied by an increase in various violations of the human rights of migrant workers. Problems of human rights violations are becoming more serious for Irregular Migrant Workers, hence the need for appropriate measures to ensure the protection of their human rights. As an international entity, states are burdened with full rights and responsibilities in protecting, upholding and fulfilling the human rights of precarious migrant workers. Although in Law no. 18 of 2017 concerning the Protection of Migrant Workers does not accommodate non-permanent migrant workers, but they are still individuals whose rights are protected by the 1945 Constitution. Apart from that, protection in the international arena is carried out by ratifying the Human Rights Protection Convention. All Migrant Workers and Their Families and the International Covenant on Civil and Political Rights, therefore the state must protect the rights of migrant workers as stated in this convention. Governments at the regional level provide protection through the ASEAN Consensus on the Protection and Promotion of Migrant Workers' Rights, although it is only morally binding. Unfortunately, various human rights violations still occur among Indonesian non-permanent migrant workers, including, there are still Indonesian migrant workers in Malaysia whose personal documents are taken by their employers or human agents. East Nusa Tenggara Province (NTT) is an area sending TKI which has the highest number of cases. biggest trade. A number of migrant workers from NTT died in Malaysia and within a short time, a female migrant worker from Indonesia was reported to have died. In addition, Indonesian migrant workers receive the death penalty abroad
Status Hukum Crew Interactive Mobile Companion (CIMON) sebagai Kecerdasan Buatan dalam Misi Luar Angkasa di International Space Station (ISS) berdasarkan Hukum Ruang Angkasa Patria Putra, Mochamad Rizcky; Handayani, Irawati
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Humans require assistance to support the tasks assigned to them to achieve the predetermined success in a space mission. Consequently, humans have developed artificial intelligence technology. One of the AI technologies utilized is the Crew Interactive Mobile Companion (CIMON), which results from collaboration between several space agencies and organizations, both government and private. Based on space law regulations, CIMON AI raises questions as it serves two main functions in space law: as an astronaut with a legal personality and as an object launched into space. This study aims to examine the legal status of CIMON AI in space law and analyze the safety standardization aspects of using CIMON AI on the International Space Station from the perspective of space law. It turns out that CIMON AI doesn’t have a legal personality based on corpus juris spatialis because it’s a space object whose legal responsibility is attached to the entity authorized to manage CIMON AI which now still has to increase its attention to safety standards due to inadequate legal arrangements which can ensure the implementation of activities in outer space runs according to the regulations applicable in space.
KEKUASAAN PERADILAN MILITER MENGADILI WARGA SIPIL DALAM TINJAUAN HUKUM TATA NEGARA DARURAT Kurniawan, Denis
Jurnal Hukum & Pembangunan Vol. 52, No. 4
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Abstract Military Courts in general are courts devoted to dealing with cases of military soldiers, both concerning criminal matters, military administration, and claims for compensation as a result of criminal offenses. The special nature of military justice is due to the fact that military soldiers have different traditions from civil society regarding the existence of military discipline in their activities, and there are acts that are only known within the military environment, but are not generally applicable. However, a military court in an emergency situation that threatens to be projected as the last court, if the existing judiciary is to handle the interests of civil society, does not have a function in exercising its authority. This research is a normative legal research using a conceptual approach, which relies on the method of literature study or documentation in finding related data and answering research questions. In normal situations, military courts can try civilians who have the same status as "soldiers", as well as civilians who work for the armed forces and hold military secrets, based on a decision from the Military Commander. Military courts in dangerous conditions can be justified as a last resort if the existing judiciary does not carry out its functions, this is done to always be oriented towards upholding the rule of law in any condition and situation.

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