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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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URGENSI MEMAHAMI ARBITRASE BAGI PEMANGKU KEPENTINGAN DUNIA BISNIS DI INDONESIA Hariyanto, Bambang; Saptarini, Saptarini
Jurnal Hukum & Pembangunan
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Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including legislation and other relevant studies, to demonstrate the increased interest of the business community in choosing arbitration as a dispute resolution forum. This growing interest underscored the necessity for business stakeholders to have a proper understanding of arbitration. The analysis revealed that the trend of increasing interest in arbitration was not aligned with the understanding of business stakeholders regarding the forum, both conceptually and in practice. This situation can hinder them in formulating good arbitration agreement dispute clauses. Therefore, it was necessary to develop training and education curricula on arbitration for business stakeholders to gain a comprehensive understanding of arbitration. Keywords: Alternative Dispute Resolution in Business, State-Owned Enterprises, Beneficial Settlements
Inovasi Kolaboratif Dalam Pembentukan Peraturan Perundang-Undangan: Optimalisasi Teknologi Untuk Meningkatkan Partisipasi Publik Dalam Legislasi Prasojo, Hermawan
Jurnal Hukum & Pembangunan
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Meaningful public participation in the legislative process in Indonesia is a fundamental element in fostering an inclusive and transparent democracy. Despite the legal mandate for public involvement, as outlined in Law No. 13 of 2022 and Constitutional Court Decision No. 82/PUU-XXI/2023, such participation often remains formalistic and limited in practice. This article highlights the potential of digital technology, particularly the concept of CrowdLaw, as an alternative approach to enhancing public engagement. Case studies from Estonia, Iceland, and Brazil demonstrate that digital participation can effectively increase public involvement and improve the quality of legislative outcomes. With sufficient infrastructure and improved digital literacy, Indonesia is well-positioned to harness technology to create a more inclusive legislative process. However, challenges such as unequal access to technology and low levels of digital literacy across much of the population hinder this effort. Therefore, this article recommends strengthening public participation at all stages of the legislative process, implementing policies that support the sustainable adoption of CrowdLaw, enhancing digital infrastructure, developing user-friendly participation platforms, and expanding digital literacy education to ensure more equitable and substantive public engagement in legislative processes
Diskursus Kriminalisasi Pemidanaan terhadap Pemberi Gratifikasi Akbar, Muhammad Fatahillah
Jurnal Hukum & Pembangunan
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This article aims to examine the legal basis to prosecute gratifiers in Indonesian Corruption Justice System. Samin Tan as the giver of gratification to Eni Maulani Saragih had been acquitted by the Corruption Court of Jakarta Decision Number 37/Pid.Sus-TPK/2021/PN.Jkt.Pst on 30th August 2021. Then, the Cassation to Supreme Court had also been rejected by Supreme Court Decision Number 2205 K/Pid.sus/2022 on 9th June, 2022. Hence, Samin Tan stays acquitted. The decision majorly focuses on the “absence” of law which criminalizes gratifiers or gratification givers. Therefore, this article elaborates how similar cases shall be handled in the future. In answering the legal questions, there are crucial notes for KPK and also the court. From the beginning, Eni Maulani Saragih shall be indicted and convicted for bribery, not gratification. By doing so, the prosecution on the giver will not face such difficulties. Besides that, the court also considered that there is no particular article to prosecute gratifier, but briber. Howerver, Article 5 paragraph (1) letter a, letter b, and also article 13 of the Corruption act can also be applied to gratification giver. Article 12B for gratification receiver employes the wording “gratification as bribery”, so that those article may also apply for gratification receiver. This has also been proven in previous cases discussed in the Article.
PENGGUNAAN METODE SOCRATES DALAM MENGEMBANGKAN PENDIDIKAN TINGGI HUKUM DI INDONESIA Andriati, Syarifah Lisa; Rizki, Inneke Kiki; Binti Mohd Malian, Ain Najwa
Jurnal Hukum & Pembangunan
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The ability to think critically and have the ability as a problem solver is needed in higher education Law in Indonesia. One of the methods used is the Socratic Method. Critical thinking is one of the aspects that law students must have to improve their ability as problem solvers. This research was conducted to contribute that the application of the Socratic method is effective to be applied in the learning process of higher education in Indonesia, as well as to provide evaluation and knowledge about the challenges and obstacles that will be faced in the process of applying the Socratic method in the legal higher education environment in Indonesia. The research method used is legal research, namely by collecting data and references from various sources, then it is arranged systematically through normative juridical analysis. This research produces knowledge that the use of the Socratic method was first carried out in law school by Christopher Columbus Langdell at Harvard University in 1870-1895. The use of the socratic method is useful to help students learn how to use critical thinking skills in analyzing a case, this method is needed to increase self-confidence and practice public speaking skills. The challenges and obstacles in using this method are that there are still educators who ask questions without direction, the need for traditional lecture methods to enhance the socratic method and the need for evidence-based research that is useful for strengthening students' arguments when analyzing a case.
Mogok Kerja Tenaga Medis: Problematika pada UU Ketenagakerjaan dan Pilihan Model Pengaturannya Agung, Rama
Jurnal Hukum & Pembangunan
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The issue of healthcare workers' strikes remains complex in terms of regulatory frameworks. On one hand, there is a conflict of interest between public interest in access to healthcare services and, on the other, the Labor Law, which regards the right to strike as a fundamental right of workers, integral to collective bargaining. This paper examines the challenges in regulating healthcare workers' strikes by analyzing Article 139 of the Labor Law and exploring regulatory models that support the provision of high-quality healthcare services. The findings highlight several key points. First, Article 139 of the Labor Law does not yet provide a proportional approach to balancing the right to strike with the right to healthcare. This is due to rigid interpretations of the term "public interest," ambiguities in norms, a lack of alignment with the core essence of striking, and weakened access to striking. Empirical studies also reveal that strict conditions often make it challenging for strikes to be legally recognized, thus limiting worker protection. Second, two regulatory models are proposed for managing healthcare workers' strikes: a prohibition model with an arbitration mechanism and a controlled strike model implementing a Minimum Service Level (MSL). The author argues that the MSL model could achieve a reasonable balance between workers' ability to strike and the obligation of the government and employers to ensure proportionally accessible, quality healthcare services.
TAPERA: MELINDUNGI HAK ATAS TEMPAT TINGGAL ATAU MENGANCAM KEHIDUPAN YANG LAYAK Samuella, Elizabeth Jeneva; Susanti, Ida
Jurnal Hukum & Pembangunan
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This study examines the People's Housing Savings (TAPERA) policy in the context of protecting the right to adequate housing and its impact on the decent living conditions of workers. Under TAPERA regulations, all workers are required to set aside a portion of their salary, including those who already own a home. While this policy aims to improve access to adequate housing, it raises questions about its impact on purchasing power and the fulfillment of other basic needs. The study employs an interdisciplinary approach using socio-legal methods to evaluate whether the mandatory TAPERA contributions can be considered a violation of the right to a decent life. Findings indicate that this policy potentially reduces the budget allocation for essential needs such as food, education, and healthcare, thereby threatening the welfare of workers. Proposed solutions include exempting workers who already own homes from the contribution requirement and enhancing transparency in TAPERA fund management. The study recommends a more flexible and fair approach to ensure that TAPERA's goals are achieved without compromising the overall well-being of the community.
HAK YANG MENGERING: KUASA MODAL TERHADAP HAK ATAS AIR DI CIKEUSAL Syahwal, Syahwal; Gunawan, Muhamad Nabil
Jurnal Hukum & Pembangunan
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This paper originates from an observation of the water crisis affecting Cikeusal. Recognizing water as an integral part of human rights, we pose the question: why does a water crisis occur in Cikeusal, despite water being recognized as a human right? In addressing this issue, we position water as a resource closely intertwined with political dynamics. Therefore, we employ a socio-legal approach, using autoethnography as the primary method for data collection. Our study reveals that the water crisis in Cikeusal stems from capitalist expansion in the form of extractive industries, specifically karst mining. This capitalist expansion has led to the maldistribution of water resources for Cikeusal residents, ultimately resulting in the water crisis they face today.
ANALISIS PERLUASAN MAKNA PASAL 71 AYAT (1) UNDANG-UNDANG PILKADA BERDASARKAN PUTUSAN PENGADILAN NEGERI: UPAYA MEWUJUDKAN KEADILAN DALAM PILKADA 2024 Supriyadi, Supriyadi; Iskandar, Abdullah
Jurnal Hukum & Pembangunan
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The analysis and study of decisions is actually popular and developed in countries with common law systems, legal scholars, researchers and practitioners there place their court decisions as the primary object of legal study, which is why the existence of court decisions is the main benchmark in applying and shaping the law. In the context of legal development in Indonesia, the study of this decision has had a good place among legal scholars and researchers, this has been proven by the existence of several works produced focusing on the analysis of decisions, such as those popularised by the Judicial Commission of the Republic of Indonesia by involving several campuses in Indonesia to conduct analysis of district court decisions under the Supreme Court. As usual, this research aims to examine and find the characteristics of judges' interpretations of the elements of Article 71 paragraph (1) of the Pilkada Law from various court decisions. This research is a normative research but by prioritising decisions as primary legal material. The results of this study are: first, there has been a shift in theoretical and legislative science regarding the concept of crossing norms between Article 71 paragraph (1) and Article 188, which was theoretically interpreted as primary and secondary norms, now after the decision of the District Court, both norms are primary norms. Second, there is an expansion of the meaning of the provisions of Article 71 paragraph (1) of the Local Election Law in terms of the meaning of the subject element and the meaning of the object of the norm and the condition of the norm.
Jalan Tengah Indonesia Menuju Penghapusan Pidana Mati Wie, Calvin
Jurnal Hukum & Pembangunan
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Constitutional Court Decision Number 2-3/PUU-V/2007 states that the death penalty does not conflict with the 1945 Constitution of the Republic of Indonesia. However, the decision provides a kind of guideline that suggests that efforts should be made to moderate the death penalty, including by removing the death penalty from the main criminal system and by formulating provisions for postponing the implementation of the death penalty (conditional capital punishment). This was followed up in the reform of the national criminal law with the promulgation of Law Number 1 of 2023 concerning the Criminal Code. This research aims to determine the legal ratio for postponing the implementation of the death penalty and the procedures for changing the death penalty to life imprisonment in Law Number 1 of 2023. The research results show that the provisions on the death penalty in Law Number 1 of 2023 are aimed at preventing the occurrence of waiting rows for the death penalty (death row) and at the same time, show the government's efforts to carry out as far as possible not the death penalty (abolitionist in practice).
Etika Penggunaan Kecerdasan Buatan dalam Pendidikan Hukum Yanto, Oliviani
Jurnal Hukum & Pembangunan
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This article aims to formulate the ethics of using Artificial Intelligence (AI) in legal education. Legal education held by the Faculty of Law is a center for the development of excellence in legal science in order to generate competent graduates. The ability to provide a legal opinion on a legal issue is a competency that every law graduate must have. In this era, law students can easily command AI to construct legal opinion without going through the legal research process. The implication for Faculty of Law is that they fail to prepare law graduates who are able to produce legal opinion. The issue to be discussed in this article is how is the role of Faculty of Law in dealing with the developmet of AI in the midst of educating future law graduates. This article argues that ethics occupies an essential aspect that should be a concern for Faculty of Law because with the systematized ethics, law students can act with caution in utilizing AI. The application of ethics also applies to legal academics in Faculty of Law as those who educate law students. There are 3 (three) ethics proposed by the Author, namely reviewing, honesty, and carefulness. The formulation of these ethics is carried out by examining the existing regulation related to AI in Indonesia and then comparing it with the regulation related to AI in Europe. This research is conducted using normative legal research methods through statutory approach and comparative approach.

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