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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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PERAN PERBANDINGAN HUKUM PIDANA TERHADAP KEBIJAKAN FORMULASI DELIK MEMPERDAGANGKAN PENGARUH (TRADING IN INFLUENCE) SEBAGAI TINDAK PIDANA KORUPSI Adhari, Ade; Aprilia, Indah Siti; Widyawati, Anis
Jurnal Hukum & Pembangunan
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Corruption is a criminal act that is intrinsically a disgraceful act because of its destructive power not only to social welfare, but also to the moral values that have been agreed upon and implemented by the Indonesian nation. In all its types and forms, corrupt practices should be qualified as criminal acts through policy formulation of criminal law norms. The act of trading influence in a global perspective is a type of criminal act of corruption, and practically occurs a lot in Indonesia. This can be observed in the cases of sugar import quotas, construction of sports centers and cattle import quotas. Because the current policy formulation has not yet criminalized the act of trading influence, the rules for criminalizing bribery offenses are imposed as a basis for justification for imposing criminal penalties on acts that should constitute the offense of trading influence. This article examines the comparative role of criminal law in the policy formulation of the offense of trading influence as a criminal act of corruption. The results of the research show that through a comparison of criminal law with policy formulation of the offense of trading influence, the study acts as (1) the basis for harmonization of criminal law policies in overcoming criminal acts of corruption in Indonesia at the global level; and (2) finding the elements of the offense of trafficking in influence.
Pelindungan Data Pribadi pada Layanan Pendanaan Berbasis Teknologi Informasi Pasca Undang-Undang Nomor 27 Tahun 2022 dan Undang-Undang Nomor 4 Tahun 2023 Theresa, Gita; Marlyna, Henny
Jurnal Hukum & Pembangunan
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Abstract Information Technology-Based Crowdfunding Services (LPBBTI) continue to encounter challenges related to legal protections, such as breaches of privacy and the misuse of personal data belonging to consumers and the public. This paper analyzes the implementation of personal data protection through LPBBTI operational compliance, the drafting of privacy policies and LPBBTI agreements, as well as the role of authorities in overseeing LPBBTI operators in implementing personal data protection following the enactment of Law No. 27 of 2022 (UU PDP) and Law No. 4 of 2023 (UU P2SK). This study aims to provide information and input on the implementation of consumer personal data protection laws in the financial sector, particularly in the operation of LPBBTI. The study found that personal data protection is implemented through compliance with business processes, the formulation of privacy policies ensuring consumer consent, and LPBBTI agreements that include clauses on the use of personal data, in accordance with UU PDP, and UU P2SK and its derivative regulations. Additionally, through market conduct supervision, the Financial Services Authority (OJK) is authorized to oversee compliance with personal data protection regulations and impose administrative sanctions in accordance with regulations in the financial sector. Keywords: Consumers, Personal Data Protection, LPBBTI
Jalan Buntu atau Terobosan Memahami Penawaran Tender dalam Akuisisi di Indonesia dan Isu Pengendalian Perusahaan Ganda Firmansyah, Bilal
Jurnal Hukum & Pembangunan
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Corporate actions are commonly undertaken by companies to gain profits. An acquisition is one example of a corporate action that generates positive sentiment in the market, thereby attracting the attention of many companies. However, as a consequence of an acquisition, each company involved is required to make a mandatory tender offer for the remaining shares not acquired during the acquisition process. This mandatory tender offer is regulated by the Financial Services Authority Regulation No. 9/POJK.04/2018 (Regulation on the Takeover of Public Companies), which allows for certain exceptions in its implementation. The issue arises when the exception to the mandatory tender offer is applied to the shares of another controlling shareholder, which in this case initiates external control outside the acquiring company. The results of the study indicate that the exception to the mandatory tender offer for the shares of another controlling shareholder creates a dual control issue, which ultimately harms the interests of the acquiring company. Dual control undermines the essence of an acquisition since the transfer of control, which is supposed to happen, is confronted with another controller after the acquisition process is completed.
PEMBANGUNAN SEBAGAI PROSES EKSKLUSI: KAJIAN HUKUM DAN EKONOMI-POLITIK ATAS PROYEK STRATEGIS NASIONAL Wardana, Agung; Darmawardana, Dzaki Aribawa
Jurnal Hukum & Pembangunan
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Indonesia’s National Strategic Project (NSP) is a priority development agenda of Joko Widodo’s administration. Claiming to serve the public interest, they impact people's livelihoods in order to produce new spaces for the circulation of capital. This article aims to examine PSN by situating it within development discourse and practice. The authors argue that PSN is a mode of development that works through the power of exclusion because it is derived from certain assumptions about class, race, and gender, resulting in different consequences among social groups in society that have unequal power relations. Therefore, the authors suggests that a critical examination of the PSN should be conducted by analysing its four exclusionary powers: market, regulation, legitimacy, and coercion. This is because the interaction of these powers allows PSN to operate through the passive consent of the wider public and simultaneously weakens resistance from affected communities and civil society groups.
Meninjau Alasan “Tidak Dipenuhinya Kuota Domestic Market Obligation” Sebagai Dasar Pencabutan Izin Usaha Pertambangan Batubara Priambudi, Zaki; Pambud, Bima Rico; Bahar, M. Ghifari Fardhana; Hidayat, Rivan
Jurnal Hukum & Pembangunan
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The revocation of 2,078 Mining Business Licenses (IUP) on January 10, 2022, some of which was based on non-compliance with the Domestic Market Obligation (DMO) policy, is alleged to have been conducted arbitrarily, without regard for the principles and procedures of licensing management. Therefore, this research aims to analyze two legal issues: (1) Whether the revocation of the IUPs belonging to coal mining business entities that failed to meet the DMO quota by the Minister of Investment/Head of the Investment Coordinating Board (Head of BKPM) is a lawful decision; (2) What are the legal consequences of revoking the coal IUPs based on failure to meet the DMO quota on the agreements between the IUP holders and third parties? This research concludes that: (1) The decision to revoke the IUPs by the Head of BKPM is an unlawful decision and may be annulled. However, the revocation decision remains in effect as long as it has not been annulled by the competent authority and/or there is no final and binding court decision declaring the validity or invalidity of the decision. (2) The existence of a (relative) force majeure releases the IUP holder, as the debtor, from liability for breach of contract. This force majeure status is only temporary. If the debtor’s IUP is reinstated, the creditor may demand the fulfillment of the performance.
PERUBAHAN PARADIGMA DALAM PENYUSUNAN RENCANA DETAIL TATA RUANG YANG BERKELANJUTAN DAN MENJAMIN KEPASTIAN HUKUM PASCA POLITIK HUKUM CIPTA KERJA DI INDONESIA Priyanta, Maret; Zulkarnain, Cut Sabina Anasya
Jurnal Hukum & Pembangunan
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The amendment to the RDTR enactment in Law Number 6 of 2023 concerning the Enactment of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law is aimed at ensuring the essence of hierarchy and the operationalization of general plans runs in accordance with the concept of plan hierarchy. Previously, equality of enactment forms were applied by the principle of lex specialis derogat legi generalis, which essentially caused the RDTR to be able to correct RTRW content material due to the equality of the enactment forms. In practice, the synergy of the position and content of the two plans above as general plans (RTRW) and detailed plans (RDTR) which are tiered and complementary cannot be realized by just a formal legal process through its enactment as regional head regulations. In this case, the legal material for its preparation is realized through a paradigm shift in the preparation of the RDTR which can no longer be a form of exercising full discretion by the Regional Government regarding the resolution of spatial planning problems and its contents cannot be contradictory with the RTRW. This research uses a normative juridical approach. In this case, a descriptive-analytical method is used with a comprehensive holistic approach. This research aims to determine and conclude the position of RDTR after the Job Creation Law in spatial planning. In this case, it is necessary to improve the quality of the preparation practice of the RTRW as a general plan, both in terms of material content and legal political processes and improve the quality of the preparation of the RDTR by accommodating dynamic and operational arrangements for the strategic policies that have been regulated in the RTRW.
Peran Baru dan Kewenangan Khusus Jakarta Pasca Pemindahan Ibu Kota Negara Beni, Rozi
Jurnal Hukum & Pembangunan
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After the relocation of the National Capital to the Nusantara, Jakarta has a new role as the National Economic Center and Global City. This new role also becomes the basis for maintaining Jakarta's special status as the National Capital. Jakarta's new role and special authority are outlined in the Jakarta Special Regional Law (JSR Law). As a special region, Jakarta also has special authority. At the conceptual level, the regulation and management of Jakarta's special authority apply the types of administrative decentralization, political decentralization, and fiscal decentralization. Furthermore, in addition to changing its role as the National Economic Center and Global City, the JSR Law also regulates Jakarta's special authority covering several specific aspects in the fields of government affairs, institutions, personnel and regional finance. Jakarta's special role and authority must be carried out based on the relationship between authorities involving the central government, the JSR provincial government, and local governments in the agglomeration area. In its implementation, the JSR Law is expected to be an effective legal instrument to welcome the new era of Jakarta after the relocation of the National Capital. Not only to meet the legislative target stipulated in the National Capital Law, the law regulating Jakarta as the National Capital must be amended no later than February 24, 2024, so that the regulation of Jakarta's special authority is relatively limited and 'it is what it is' compared to the major role it must play as the National Economic Center and Global City.
Arbitrase Internasional dalam Penyelesaian Sengketa Penanaman Modal Asing: Tinjauan Praktis di Indonesia Aprilia, Fanny
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Indonesia has demonstrated a strong commitment to international arbitration by participating in various international conventions, such as the 1958 New York Convention, and by implementing supportive domestic legislation, such as Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. International arbitration offers advantages such as neutrality, specialized expertise, and legal certainty, making it a preferred mechanism for resolving foreign investment disputes. However, the implementation of arbitration in Indonesia still faces several challenges, including a lack of understanding of arbitration procedures among court officials and concerns about potential domestic court interference in the arbitration process. This paper highlights the importance of enhancing the capacity and understanding of court officials regarding arbitration and the need for policies that ensure the independence of the arbitration process. By addressing these challenges, Indonesia can strengthen its mechanisms for resolving investment disputes and enhance its attractiveness as a foreign investment destination.
Konstitusionalitas Open Legal Policy mengenai Kebijakan Earmarking Pajak Karbon di Indonesia Pertiwi, Mahaarum Kusuma; Wisaksono, Praditya Janu
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The Law on Harmonization of Tax Regulation mandates government regulation to regulate the allocation of carbon tax revenue for controlling climate change. Based on Article 13 paragraph (12) and paragraph (15) letter b of the Law on Harmonization of Tax Regulation as well as the Constitutional Court's judicial review decisions regarding open legal policies and tax earmarking, this article answers questions regarding the legal construction of open legal policy options in Indonesia which confirms further delegation of carbon tax earmarking through government regulation. The government may allocate state revenue from carbon tax to control climate change. This means that carbon tax earmarking is not absolute. If the government chooses to carry out carbon tax earmarking, then the regulation must be in accordance with or based on government regulations which are first submitted to the House of Representatives for discussion or agreement during the preparation of the Draft of the State Revenue and Expenditure Budget. In substance, the government regulation in question is only permitted to detail provisions that have been regulated by the Law on Harmonization of Tax Regulation and the law regarding the State Revenue and Expenditure Budget as a result of the agreement between the government and the House of Representatives regarding carbon tax earmarking. Apart from that, this government regulation must also pay attention to the provisions in the Environmental Protection and Management Law, the Law Ratifying the Paris Agreement to the United Nations Framework Convention on Climate Change, Government Regulations on the environment, and Government Regulation concerning Procedures for Implementing Tax Rights and Fulfilling Tax Obligations.
Dinamika Kebijakan Ganja Dalam Politik Hukum Global dan Indonesia Pangaribuan, Aristo
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This article discusses legal and political issues related to marijuana in global literature and its influence in the Indonesian context. Moreover, this article also tries to predict the dynamics of the ongoing reform process related to Indonesian narcotic laws. To achieve such missions, mainly, this article summarizes the debate within marijuana literature and highlights its influence within the Indonesian context. The first part of this article discusses the legal and political dynamics of marijuana laws globally. Here, this article found that there is a paradigm shift toward marijuana use -- from a crime problem to a health problem. Subsequently, this article also analyzes whether such a paradigm shift might happen in Indonesia. In the end, this article found that such a paradigm shift will not likely occur in Indonesia because of several reasons. First, there is a tendency for Indonesian lawmakers to treat marijuana issues with the communitarianism principle. As a result, it makes the government act as a "moral guardian" for its citizens. This is because the use of marijuana is not only treated as a legal issue but also a moral one. The process of internalization of previous laws creates a negative moral stigma. As a consequence, a paradigm shift in the reform will face tough challenges. The recent criminal code (KUHAP nasional) also introduces the punitive drug law's logic. Lastly, the flexibility in interpreting the current regulations (2009) will create resistance to reform from the legal apparatus. Most likely, legal apparatus will not surrender their "comfort zone" due to the current law's flexibility that prioritizes punitive actions.

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