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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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Analisis Perlindungan Konsumen Dalam Kaitannya Dengan Globalisasi Pasar Dunia Primandiri, Handayani
Jurnal Hukum & Pembangunan Vol. 52, No. 4
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Abstract

Globalization of the world market has created vast business opportunities and increased consumer access to international products and services, but it has also brought new complexities to consumer protection. This research analyses the relationship between consumer protection and world market globalization by examining its positive and negative impacts. On the one hand, globalization expands product choice and increases competition, which can benefit consumers. However, on the other hand, it also poses risks such as an increase in illegal trade, counterfeit products, and inequality in access to consumer information. The study also identifies the role of international and national institutions in protecting consumers in the era of globalization and compares consumer protection policies across countries to understand best practices that can enhance consumer protection amidst the changing globalization of the world market. This research provides a deeper understanding of the complex relationship between globalization and consumer protection, which can be used as a basis for the development of more effective policies to safeguard the rights and interests of consumers in an era of evolving globalization.
KEPASTIAN HUKUM PENYELESAIAN SENGKETA DENGAN KLAUSULA ARBITRASE DI MAHKAMAH AGUNG Fitri, Devianty; Almaududi, Almaududi
Jurnal Hukum & Pembangunan
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Abstract

Settling disputes in court can be a time-consuming and exhausting process. Therefore, the availability of arbitration as an Alternative Dispute Resolution (ADR) is one of the efforts to achieve faster solutions and dispute resolutions. However, in some cases in the Supreme Court, there are disputes that contain arbitration clauses in the agreement, yet they are still submitted to court and decided by the court. This research aims to examine the disappearing in-depth study of legal certainty in dispute resolution with arbitration clauses by analyzing several verdicts. The method used in this study is normative juridical with a legislative and case approach. The research results show that in reality, even if an agreement is made with an arbitration clause, the parties still file a lawsuit in the general court on the pretext of unlawful acts and/or the involvement of third parties outside the agreement
EFEKTIVITAS PELAKSANAAN PEMBERIAN PENDIDIKAN FORMAL BAGI ANAK-ANAK PENGUNGSI LUAR NEGERI DI KOTA BATAM Shahrullah, Rina Shahriyani; Susetyo, Heru; Sudirman, Lu; Sahputra, Rendi
Jurnal Hukum & Pembangunan
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The entire responsibility for all children in Indonesia lies with the government, and it extends to all children in Indonesia, not only those who are Indonesian nationals but also includes children who are refugees from foreign countries. One of the fundamental rights regulated by the laws and the Convention on the Rights of the Child ratified by Indonesia is the right to receive appropriate education (formal, non-formal, and informal education). This research aims to analyze the implementation of formal education fulfillment for refugee children in Batam City, especially those accommodated at Hotel Kolekta. Therefore, the research questions are as follows: 1) How effective is the fulfillment of the right to formal education for refugee children in Batam City? 2) What challenges do refugee children in Batam City face in obtaining the right to formal education? 3) What are the solutions for the fulfillment of the right to formal education for refugee children in Batam City? This research utilizes the empirical legal research method with a sociological approach, and it is analyzed qualitatively using the Effectiveness of Law Theory by Soerjono Soekanto as an analytical tool. The research findings indicate that the five factors in the theory are not yet effective due to legal factors related to specific technical implementation regulations for the fulfillment of the right to formal education for refugee children being absent. The ineffectiveness of law enforcement is due to the weak coordination among relevant parties, especially the Education Agency of Batam City, UNHCR, IOM, and schools in Batam. The facility factor is also ineffective due to the limited facilities in enhancing the Indonesian language skills of refugee children, resulting in a low interest in attending school and continuing formal education (Community Factor). Different cultures influence the social interaction of refugee children with the community of Batam City (Cultural Factor), causing a slow improvement in Indonesian language proficiency, which is the language of instruction in formal education in Batam City.
PUTUSAN ULTRA PETITA PENANGANAN KASUS KORUPSI MENURUT PERSPEKTIF HAKIM Pudyatmoko, Y.Sri; Aryadi, G.
Jurnal Hukum & Pembangunan
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This research aims to obtain an overview of ultra petita decisions in corruption cases from a law enforcement perspective. The method used in this research is a normative legal research method, using a case approach. The research was conducted by analyzing the views of several judges regarding ultra petita decisions in corruption cases. The research results show that judges in handling corruption cases refer to regulations from the Supreme Court. In accordance with these guidelines, judges use comprehensive considerations in making decisions. According to the judge in the ultra petita decision against a convict in a corruption case, something like this could have happened because of the public prosecutor's error in making charges. Some judges are of the view that when deciding cases, including corruption cases, the judge must consider all the facts in the trial as well as various things that give the judge confidence. Judges view that they are not bound by the prosecutor's demands alone, but rather by the indictment, the facts of the trial, truth and justice.
Penyelenggaraan Pelindungan Data Pribadi oleh Notaris berdasarkan Undang-Undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi Mipon, Intan Permata; Putra, Mohamad Fajri Mekka
Jurnal Hukum & Pembangunan
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The endorsement of the Personal Data Protection Law (“UU PDP”) is aimed to providing legal certainty regarding protection for Indonesian citizens against various types of digital crimes. Therefore, entities processing personal data must adhere to the rules and principles stipulated in the UU PDP. In line with this, a Notary in the execution of their services is not exempt from storing and processing their clients personal data to be included in Notarial deed. Hence, under the Notary Profession Law, a Notary has the obligation to maintain the confidentiality of their profession while carrying out their duties. This raises the question addressed in this article : whether in the provision of their services, notaries are also subject to the UU PDP and what forms of protection they must implement in accordance with the regulations of the UU PDP. This article utilizes normative research that examines the application of norms within positive law, specifically Law Number 27 of 2022 regarding Personal Data Protection.
Kedudukan dan Urgensi Tempuh Upaya Administratif dalam Pemeriksaan Dismissal Process oleh Ketua Pengadilan Baried, Rizky Ramadhan
Jurnal Hukum & Pembangunan Vol. 52, No. 4
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This article analyzes administrative effort (AE) in the relation of Article 62 Law 5/1986 with Article 75 Law 30/2014 and Article 2 SCR 6/ 2018. The legal questions are: 1) How was the position and urgency taken by AE in the dismissal process examination by the chairman? 2) What is the ideal formula for examining the formal requirements of the administrative lawsuit before being examined by the panel of judges? This article aims to provide a practical explanation of these norms. It is a normative juridical type with a statute and a conceptual approach. The results are: 1) AE is a formal requirement in filing a lawsuit related to competence, so the chairman can determine that the lawsuit is not accepted; 2) The dismissal process and the preparatory examination by analogy has similarities, therefore these examinations can be combined with the condition that in filing a lawsuit, the plaintiff is required to attach evidence of having taken AE. It recommends that executive/legislature make regulations related to the procedural law for examining AE, and for the supreme court to review the norms and practices of the dismissal process and the preparatory examination in relation to formal requirements for filing a lawsuit.
Justice Collaborator dalam Pertimbangan Hakim Memutus Perkara Fikriyah, Amalina; Masyhar, Ali; Wulandari, Cahya
Jurnal Hukum & Pembangunan
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Abstract

Justice Collaborator, which refers to the cooperation between a non-primary perpetrator and law enforcement in uncovering organized crimes, is often used to expose cases of extraordinary crimes. The concept of a Justice Collaborator has become a topic of public discussion following the case involving the murder ordered by Ferdy Sambo, where Ferdy Sambo instructed Richard Eliezer to kill Jhosua Hutabarat. Richard Eliezer was found guilty by the court and was designated as a Justice Collaborator.
Implikasi Pengaturan Konglomerasi Keuangan Terhadap Sektor Perbankan di Indonesia Pasca Ditetapkannya Undang-Undang 4 Tahun 2023 tentang Pengembangan dan Penguatan Sektor Keuangan Rahmanto, Gumelar Taufik Yugo
Jurnal Hukum & Pembangunan
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This paper focuses on the regulatory implications of financial conglomeration on the banking sector in Indonesia after Law 4 of 2023 on the Development and Strengthening of the Financial Sector. Financial conglomeration have a negative impact, which can create systemic risk in the financial sector. Therefore, the activities of financial conglomerates need to be regulated and supervised in a comprehensive and integrated manner. Through Law 4 of 2023, the Government regulates financial conglomerates and strengthens the OJK institution in conducting integrated regulation and supervision of financial conglomerate activities. With the issuance of Law 4 of 2023, it has implications for the banking sector, namely for banks that have been designated by OJK as financial conglomerates, it is mandatory to form a Financial Conglomerate Holding Company. This is different before the enactment of Law 4 of 2023, where the controlling shareholder can simply appoint one of its financial institutions to become the main entity, which is assigned to carry out the compliance activities of the financial conglomerate.
RESPON PELAKU USAHA MIKRO, KECIL DAN MENENGAH (UMKM) KEMASAN PANGAN TERHADAP KEWAJIBAN SERTIFIKASI HALAL DI INDONESIA Atsiriyyah, Annisa; Fitriyanti, Fadia
Jurnal Hukum & Pembangunan
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This research aims to find out how Micro, Small and Medium Enterprises respond to packaged food towards the Halal Certification Obligation in Indonesia. This research uses a type of normative juridical research. The results of this research show that first, the response of packaged food MSMEs regarding the understanding of halal certification has been partially understood, although the details have not been conveyed. Second, the response of MSMEs to the JPH Law shows that they strongly agree with the existence of halal certification which is required by regulations to obtain a halal guarantee for a food product served. Third, the response of MSMEs to the benefits of halal certification labeling provides good value because in the future MSMEs want halal certification to be able to bring material benefits as well as benevolent (spiritual) values. Therefore, it is hoped that this latest law can be a solution to the various problems that arise and obstacles faced by MSMEs.
Urgensi Pendidikan Camat Selaku PPAT Sementara dalam Mencapai Nilai Keadilan Sulkifli, Sulkifli; Fadhilah, Naily
Jurnal Hukum & Pembangunan
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The position of PPAT in its implementation does not rule out the possibility of a vacancy due to the vast territorial area of Indonesia, so that a temporary PPAT is needed, in this case the sub-district head or village head. Temporary PPAT generally has the same duties and authority as PPAT. However, in practice, in carrying out their duties and authority they often make mistakes. This is because not all sub-district heads appointed as temporary PPATs have a legal education background or knowledge about PPATs. The purpose of writing this article is to understand the process of appointing a sub-district head as a temporary PPAT and to analyze the urgency of educating a subdistrict head as a temporary PPAT in achieving the value of justice. The conclusion obtained in this research is that the education of the sub-district head as a temporary PPAT needs to reflect justice, because justice will be realized if the division of work is in accordance with his talents and areas of expertise. This is how important it is to educate the Subdistrict Head as a Temporary PPAT for three reasons, namely, 1) The appointment of a Temporary PPAT Subdistrict Head does not go through qualifications like a PPAT appointment, 2) Increasing human resources as a Temporary PPAT, 3) The urgency of authenticating the deed.

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