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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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Good Sport Governance: Perspektif Teoretis, Yuridis dan Kontekstualisasinya di Indonesia Wijaya, Endra; Silvana, Nina
Jurnal Hukum & Pembangunan
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The sport sector is not only a matter of health or the pride of a nation. More than that, the sport is closely related to social welfare aspect. Therefore, it needs to be managed optimally by referring to the principles of good governance specifically in the sport sector. This study discusses the concept of Good Sport Governance, both from theoretical and legal perspectives, and its contextualization in Indonesia. This study uses doctrinal legal research methods and utilizes secondary data. Data analysis is carried out qualitatively using conceptual and statute approaches. This study concludes that the principles of Good Sport Governance need to be applied in managing the sport sector in Indonesia because in fact the dynamics of the sport sector in Indonesia still require a lot of improvement. Good Sport Governance contains several main principles, such as the principles of transparency, democracy, control and solidarity. Furthermore, in the Indonesian context, Good Sport Governance is also equipped with the principle of deliberative discussion.
Antara Tuntutan dan Kesepakatan: BLBI dan Era Deferred Prosecution Agreement Simanjuntak, Melva Retta Ruby; Nelson, Febby Mutiara
Jurnal Hukum & Pembangunan
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This article discusses the settlement of criminal cases through Deferred Prosecution Agreement (“DPA”) procedures, particularly in the context of the Bantuan Likuiditas Bank Indonesia (“BLBI”) Case. The purpose of this discussion is to find a mechanism for settling criminal cases that aligns with principles of simple, fast, and cost-effective justice, especially in cases involving corporations. The focus of the article includes two aspects: the impact of using DPA mechanisms in resolving criminal cases and the impact of using DPA mechanisms in improving the efficiency of BLBI case resolution. The method used in this research is a doctrinal study focusing on research regarding rules, principles, and norms related to the settlement of criminal cases, specifically using the DPA mechanism. In the BLBI case, it is known that the case was settled through a non-criminal mechanism using the Master Settlement Acquisition Agreement (“MSAA”). MSAA is an application of the Non-Prosecution Agreement (“NPA”) mechanism because there was no involvement of Prosecutors and Courts in drafting the MSAA. If at that time the government had chosen the DPA mechanism, the settlement of the BLBI case could have been faster. This is because in DPA, Prosecutors can immediately prosecute if the party fails to comply with the terms of the agreement within the specified time. Thus, it would no longer be necessary to involve the criminal justice system process starting from the investigation stage. Keywords: Deferred Prosecution Agreement (“DPA”), BLBI case, corporations.
PROBLEMATIKA PEMBERIAN OTONOMI KHUSUS PROVINSI DAERAH KHUSUS JAKARTA YANG HANYA BERADA PADA TINGKAT PROVINSI Lubis, Alfi Syahri; Saputro, Bayu; Wibowo, Renaldy Wijaksana; Al-Qindi, M. Fariz
Jurnal Hukum & Pembangunan
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On April 25, 2024, the legislators officially passed Law Number 2 of 2024 concerning the Special Region of Jakarta Province. One of the articles that is still maintained in the a quo law is the matter that regulates the granting of autonomy only at the provincial level. This certainly has its own characteristics compared to the autonomy given to other regions that get autonomy up to the district / city level. The results of the study suggest several things, first, the reason the government maintains the specificity of the Special Region of Jakarta only at the provincial level is due to the history of government, the effectiveness and efficiency of governance, and the urban character of Jakarta. As a result of the specificity that is only at the provincial level, the Special Region of Jakarta does not have a Regency / City Regional House of Representatives. The existence of the district/city legislative council is replaced by the city council/district council whose duties and functions are very different. The absence of a district/city legislative council has led to the loss of three important functions of local government administration, namely the formation of district/city regulations, the budget function, and the supervisory function.
Initial Public Offering: Perlindungan Hukum Pemegang Saham Minoritas dan Pengaruh Terhadap Kinerja Perusahaan Jasmine, Alifia; Yasmine, Azmi; Sharfina, Nurul Hulwanita; Fathhurrohmah, Aisyah Hanifah
Jurnal Hukum & Pembangunan
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This research discusses Initial Public Offerings: Legal Protection of Minority Shareholders and Its Influence on Company Performance. This research aims to provide knowledge to the public regarding legal protection for minority shareholders and its influence on company performance from a national legal perspective. This type of research is normative research with the research approach used is a legal and conceptual approach. The research results show that: (1) The process of attracting investors to invest their capital cannot be separated from good regulations and legal certainty. Basically there are 2 (two) types of capital investment, namely direct investment and capital investment. indirect (portfolio investment) as regulated in Article 2 of the Capital Markets Law, (2) It can be seen that the financial performance trend shows an increase in terms of profitability, liquidity and growth ratios but there is a decrease in terms of liquidity and activity ratios. The implications of this research can be used as a source of knowledge for the public, especially regarding Initial Public Offerings regarding legal protection for minority shareholders and also its impact on company performance.
Quo Vadis Eksistensi Rancangan Undang-Undang Pengelolaan Ruang Udara di Indonesia Sihaloho, Elisabeth
Jurnal Hukum & Pembangunan
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The law draft of Air Space Management, which has been proposed by the Government since 2019, has not received clarity regarding time of ratification. The Problem of air space has become an important issue that cannot be avoided along with the rapid development of the times which makes it possible to degrade the sovereignty of a nation and state through air space. This legal research will examine the urgency of establishing the airspace management law and the positive implications or benefits obtained through the formation of this legal issue. With this type of normative juridical research, this research focuses on reviewing principles and theories which are analyzed using a statutory and regulatory approach and accompanied by literature study in data collection such as book, journal and relevant things for this research
(RETRACTED/DITARIK) QUO VADIS IMPLEMENTASI KONSEP GREEN CONSTITUTION DALAM KEBIJAKAN PEMBAYARAN BERBASIS SAMPAH PLASTIK PADA SURABAYA BUS Ali Murtadho, Nazhif
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This article has been retracted following an internal investigation by JHP in response to complaints from the public and the original author. The article is a plagiarism of a paper submitted for the Scientific Writing Competition at UIN Law Fair 2023, in March 2023. The submitter sent the article in June 2024, while the original authors presented the paper in 2023.
DISRUPTION EVENTS SEBAGAI PERISTIWA YANG TAK TERDUGA DALAM PELAKSANAAN KEWAJIBAN KONTRAKTUAL Sugiastuti, Natasya Yunita; Hertanto, Ari Wahyudi; Setiawati, Anda; Wijaya, Agung; Putra, Ghayana Aditya
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An agreement creates an obligation, which is a legal relationship between the parties. If one party fails to fulfill its duties to the other party as promised, it is considered a breach of contract by one party against the other. One of the external factors that disrupt contract execution is a disruption event. In contrast to the concepts of force majeure and hardship, which have been acknowledged in Indonesian law, the argument of disruption events has not been recognized, even in the context of legal literature. However, in certain contracts with extended durations, the concept of disruption event has been incorporated into the creation of an accidental provision. This accidental provision is intended to address unforeseen events that may impair the contract's implementation. Given the importance of regulating disruption events in the agreement clause to anticipate the legal consequences that arise if an event occurs that disrupts the implementation of the contract, this research raises two issues: 1) What is the nature or essence of a disruption event? and 2) How is the formulation of an anticipatory disruption event clause in the contract? As a result of the research, it can be concluded that a disruption event is an unpredictable event that significantly impacts the industry and business. 2) A disruption event clause must at least contain information about the following: the definition of a disruption event, the scope or limits of a disruption event, the obligation to notify the affected party of a disruption event, the legal effects of a disruption event on contractual obligations and on the relationship between contractors, and the possibility of negotiation.
PENYELESAIAN KERUGIAN NEGARA YANG DISEBABKAN TINDAK PIDANA KORUPSI DALAM PENGELOLAAN KEUANGAN NEGARA DI BADAN USAHA MILIK NEGARA PT. ASABRI (PERSERO) Saputro, Bayu
Jurnal Hukum & Pembangunan
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This article aims to examine the settlement of state losses caused by criminal acts of corruption in the management of state finances at the State-Owned Enterprise PT. Asabri (Persero). The research results show that the financial status of BUMN PT. Asabri is state finance, so when a criminal act of corruption occurs, a mechanism is needed to resolve state losses. Criminal law enforcement has been carried out as well as a mechanism for paying compensation to the state to resolve state losses. However, it seems that the settlement of state losses by convicts through the payment of compensation money to the state is not enough to replace the entire value of state losses caused by criminal acts of corruption. Obstacles to resolving state losses are contained in the provisions of Article 18 paragraph (1) letter b of the Corruption Eradication Law. This article stipulates that the payment of replacement money is limited to the value of the property obtained by the perpetrator of the criminal act of corruption. This limitation means that convicts are only responsible for returning the value of losses to the state they obtained unlawfully. In addition, state losses at PT. Asabri is not part of the convict's responsibility. As we know, criminal acts of corruption are very likely to cause other losses that arise outside of the property obtained by the perpetrator by violating the law.
Perlindungan Hukum bagi Pers dalam Melaksanakan Kebebasan Pers di Indonesia dan Australia Trisnaningrum, Roshita Anggun; Kartika, Adhitya Widya
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The press and democratic life are two inseparable things. The existence of the press has a crucial role in conveying information, providing education to the public, and as a means of social control. Freedom of the press is not only recognized internationally, but every country is obliged to provide legal protection for it. The urgency of this research from a constitutional law perspective is that the press is the fourth pillar of democracy (the fourth of estate). This issue is discussed to discover the similarities and differences in press law provisions between Indonesia and Australia as well as to improve, update, or find answers to press law problems. This research applied normative methods with comparative, statutory, and conceptual approaches, as well as qualitative analysis. There are two aspects analyzed in this research, the first regarding the comparison of legal provisions regarding press freedom in Indonesia and Australia based on press system theory and the second regarding good positive legal benchmarks in providing legal protection for the press in Indonesia and Australia. The results of this research are that Indonesian press law provisions have protected press freedom compared to Australian press law provisions which tend not to protect press freedom and Indonesian positive law has fulfilled the elements of legal protection compared to Australian positive law which tends not to have fulfilled the elements of legal protection. Keywords: Press Freedom, Legal Protection, Comparison, Indonesia, Australia.
Penyelesaian Sengketa Investasi Internasional : Apakah Penyelesaian Dapat Dilakukan Melalui International Court Of Justice (ICJ)? Hanifah Fathhurrohmah, Aisyah
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The International Court of Justice, also known as the ICJ, is the principal organ of the United Nations based in The Hague, Netherlands. This institution was established in 1945 to resolve disputes between countries peacefully. The authority of the International Court of Justice is divided into two categories: Ratione Personae jurisdiction, which pertains to who is eligible to bring a case to the ICJ, and Ratione Materiae jurisdiction, which concerns the types of disputes that the ICJ can handle. The ICJ's jurisdiction includes examining cases, providing opinions/advisories, and adjudicating disputes submitted to it. The ICJ is not limited to specific types of cases and can also handle investment disputes brought before it. This paper aims to explain how the ICJ functions as a forum for resolving investment disputes by analyzing the issues faced by the Barcelona Traction, Light and Power Company Limited, which was declared bankrupt by the Catalonian government of Spain and subsequently brought before the ICJ. The parties involved in this dispute include the Spanish government as the host country of foreign investment, Canada as the country where the parent company is incorporated, and Belgium as the country whose nationals are the majority shareholders. This lawsuit was submitted to the ICJ because, at the time, there was no specialized dispute resolution body for investor-state disputes. Hence, the Barcelona Traction case was brought to the ICJ as the international dispute resolution body.

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