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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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Max Weber vs Émile Durkheim: Pertarungan Paradigma dalam Sosiologi Hukum di Indonesia Isdiyanto, Ilham Yuli
Jurnal Hukum & Pembangunan
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This study compares the thoughts of Max Weber and Emile Durkheim in the field of sociology of law and their relevance to the development of law in Indonesia. Weber emphasizes formal rational law through a positivistic approach, highlighting individual rationality in shaping social structures. In contrast, Durkheim views law as a tool of social solidarity rooted in morality and collective norms. This study employs a normative method integrated with hermeneutic philosophy, delving into the meaning of legal concepts through an in-depth interpretation of doctrines, theories, and legal literature. A descriptive-narrative analysis is conducted to understand the historical, social, and philosophical contexts of these two perspectives, enriched with visualizations for deeper comprehension. The findings indicate that Weber's approach is relevant for supporting legal and economic development, whereas Durkheim's perspective is more applicable for accommodating the plurality of customary law or living law. This article recommends integrating both approaches to establish a legal system in Indonesia that is responsive to social diversity and adaptive to the demands of national development.
Penyalahgunaan Kekuasaan dan Viktimisasi Proyek Strategis Nasional di Pulau Rempang Jayusman, Dandi; Shakhila, Annarentika Faajra; Pena, Benedikta Wewieta Li; Saskia, Elly; Rantung, Esterlita Nova Yaser; Febriyanti, Heni Nur; Pramesti, Athifah Danika
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Implementing the National Strategic Project (PSN) on Rempang Island caused controversy over the abuse of power that harmed some local communities. This research aims to analyze the conception of victims of abuse of power in the implementation of PSN, the structural victimization of PSN, the impact of PSN victimization, and the regulation of the rights of people affected by PSN. The research method used is doctrinal research with statutory regulations, victimology, and case approaches. The study shows that communities who experienced repression and violence during the implementation of PSN on Rempang Island are victims of abuse of power. Structural victimization in the implementation of PSN was caused by the dominance and imbalance of power between the government and communities, which led to re-victimization (secondary victimization). PSN victimization had financial, psychological, physical, social, and political participation impacts on some communities on Rempang Island. Unfortunately, the PSN legal framework only regulates compensation for communities affected by land acquisition for PSN. There are no specific rules to provide counseling, assistance, and material, medical, psychological, and social support to the affected communities. The legal gap regarding the rights of the affected communities by PSN obstructed the recovery of losses experienced by some communities on Rempang Island.
SOSIOLOGI HUKUM DAN PERUBAHAN SOSIAL: STUDI KASUS UU NO. 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK SEBAGAI RESPON TERHADAP KESADARAN SOSIAL YANG MENINGKAT AKAN HAK ANAK Rozi, Fahrul
Jurnal Hukum & Pembangunan
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Dalam konteks sosial yang dinamis, kesadaran akan hak anak telah meningkat, terlihat dari perhatian masyarakat terhadap isu-isu seperti kekerasan, eksploitasi, dan diskriminasi. Meskipun UU No. 35 Tahun 2014 memberikan kerangka hukum yang kuat untuk melindungi hak-hak anak, tantangan dalam pelaksanaannya masih ada, termasuk kurangnya sumber daya dan koordinasi antar lembaga. Anak jalanan, sebagai kelompok yang paling rentan, sering kali terjebak dalam siklus kemiskinan dan stigma sosial, yang menghambat upaya perlindungan. Menekankan pentingnya edukasi dan sosialisasi mengenai hak anak, serta peran aktif masyarakat dan media dalam mendukung perlindungan anak. Dengan kolaborasi antara pemerintah, masyarakat, dan lembaga swadaya masyarakat, diharapkan hak-hak anak dapat terlindungi secara lebih efektif, sehingga mereka dapat tumbuh dan berkembang dalam lingkungan yang aman dan mendukung.
Research Misconduct Sebagai Suatu Tindak Pidana Penyebaran Berita Bohong: Sebuah Tinjauan Hukum Pidana Royadi, Kemal Fikri; Harissa, Monte Carlo Faza
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Research is one of the gates to uncover wisdom in scientific disciplines. In its implementation, it is often found that there are various interests underlying the research. These various interests also have their own purpose to the extent that it can influence the results of the research which can have implications to form a research misconduct. This research aims to review the national criminal law regarding this behavior by examining the relevant act’s articles as well as scholarly dogmatics due to the absence of laws regulating this matter. The method used in this research is juridical-normative using conceptual approach and literature research in order to collect the data. The results of this research are that by extensively interpreting the elements of articles regarding fake news crime, research misconduct that causes disturbance can be punished. This can fill the legal void regarding the prosecution of research misconduct even though it can only be implemented starting in 2026. Hence the national criminal law still accommodates punishment for research misconduct.
Pelindungan Hukum Bagi Konsumen Dalam Menyampaikan Ulasan Atas Suatu Produk Melalui Platform Media Sosial Naufal, Daffa Rizqy; Marlyna, Henny; Mahardika, Zahrashafa Putri
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Product reviews on social media have become an essential source of information for consumers and play a significant role in building trust in businesses. However, negative reviews often lead to legal disputes, particularly concerning allegations of defamation under Article 27 paragraph (3) of the ITE Law. This study examines legal protections for consumers in expressing reviews, focusing on the right to freedom of expression as guaranteed by Articles 28E paragraphs (2) and (3) and Article 28F of the 1945 Constitution, Law No. 39 of 1999, Law No. 12 of 2005, Article 19 of the UDHR, and the ICCPR. Additionally, Article 4(d) of the Consumer Protection Law recognizes consumers’ rights to express opinions and complaints. Using a doctrinal method, the study reveals inconsistencies in legal practice. The Supreme Court Decision No. 6057 K/Pid.Sus/2022 protects fact-based criticism, while the North Jakarta District Court Decision No. 1265/Pid.Sus/2023 criminalizes reviews deemed defamatory. The study highlights the importance of educating consumers on responsible expression and the need for more consistent regulations to balance freedom of expression and reputation protection in the digital era.
PERIZINAN USAHA WISATA KAWASAN KARST GUNUNG SEWU: DISKRESI PENATAAN RUANG DAN ANCAMAN LINGKUNGAN HIDUP Novikasari, Siti Rahma; Murti, Aditya Khrisna
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The Gunung Sewu Karst Area is located in Gunungkidul, Wonogiri, and Pacitan Regencies. It has a unique geological formation so it was designated as a Global Geopark by the United Nations Education Scientific and Cultural Organization (UNESCO) in 2015. However, the Gunungkidul Regional Government is targeting the regional economy condition by proposing to reduce the number of karst landscape area and granting tourism business permits. These actions had serious impacts on geological, hydrological and ecological conditions. Therefore, this study aims to examine: 1) How is the conformity between tourism business permits and spatial planning provisions for the karst area? 2) What are the legal consequences of tourism business permit that conflict with spatial planning provisions? The doctrinal legal research is used to examine legal issues with a statutory and conceptual approach. Qualitative descriptive methods are used to analyze secondary data. The results of this study indicate that tourism business permits issued by the Gunungkidul Regional Government violate the Zoning Direction Indications for Geological and Tourism Protected Areas and Special Provisions for Karst Areas. Tourism business permits issued by the Gunungkidul Regional Government were categorized as the government's discretion, so the principle of Het Vermoden van Rechtmatigheid and Contrarius Actus Similiter Fit applied. Keywords: Discretion, Karst Area, Tourism Business Permit
Efektivitas Izin Pertambangan Emas Rakyat di wilayah Ratatotok Sulawesi Utara Terhadap Pertambangan Emas Ilegal Reginaldy, Brandon; Yusuf, Rayhan; Rahmania, Nadhila Viryanda; Nadifa, Shafina; Husain, Faisal Purnama
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Mining represents one of the government's initiatives aimed at fostering employment opportunities and, moreover, constitutes a crucial component of the broader strategy to foster community autonomy and resilience in meeting the basic necessities of life. The concept of community-based gold mining refers to a mining system that provides the management of mining sites to the local community for the purpose of gold extraction. Gold is a metal with a relatively high economic value, utilized in a multitude of ways, including as jewelry and as an investment. However, it is important to note that not all areas possess the requisite conditions for gold mining. This is exemplified by the Ratatotok area, situated on the south coast of North Sulawesi Island, which boasts a plethora of natural resources, including substantial mining potential. The implementation of this initiative is hindered by the presence of illegal gold mining operations, driven by the economic necessity of those who are unemployed or impoverished. This has led to a situation where many individuals in Ratatotok have resorted to opening illegal mines on community-owned land in order to generate immediate profits. This article will further examine the effectiveness of the People's Gold Mining License in Ratatotok, North Sulawesi, in preventing illegal gold mining in accordance with Law Number 3 of 2020. In order to ascertain the efficacy of measures taken to prevent the emergence of illegal gold mining in Ratatotok, it is necessary to adopt a normative juridical approach. This entails conceptualising the law as the written legislation or rules and norms that serve as a benchmark for human behaviour deemed appropriate.
METODE HARMONISASI KEWENANGAN MENGADILI SENGKETA PERTANAHAN YANG TERPENCAR ANTARA PUBLIK DAN PRIVAT Dani, Umar
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To obtain the land ownership rights divided into two legal sources, that is private law and public law. The ownership criterion should not be used as the only reference to measure which judicial authority would be competent whether Administrative Courts or Civil Courts. To discover the intersection of judicial authority, it must be based on the source, characteristic, type and touchstone of adjudication. It intends to revised the law and to avoid legal misperception. The aims of this research are, firstly, to understand the differences between land ownership rights dispute in the fields of private law and public law in the other hand. Secondly, to decisive what is the absolute judicial authority of Administrative Courts and Civil Courts. This research uses doctrinal research by prescriptive-analytic type. The research results show that the ownership rights dispute in the field of private law concern the 'validity of the distribution of rights' whereas the ownership rights dispute in the fields of public law concern about the 'validity of the grant of rights'. Decisive the absolute judicial authority is carried out through reconditioning of its functions using the principles of lex specialis derogat lex generalis and oplossing theory. The results show that Land Title Deed is a form of granting rights in the competency of public law. So that the conclude of ownership of rights dispute which object is a land title deed, fully the authority of administrative courts.
EFEKTIVITAS ANCAMAN PIDANA DENDA TERHADAP PERTAMBANGAN TANPA IZIN DALAM AMANDEMEN UNDANG-UNDANG MINERBA Pudyatmoko, Y. Sri
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The aim of this research is to analyze the effectiveness of the threat of criminal fines in amendments to the Law on Minerals and Coal. One of the things that stands out in the amendments to the Law on Mineral and Coal is the change in the threat of criminal sanctions against perpetrators of mining without a permit, from the original threat of a maximum prison sentence of 10 years to 5 years, and a maximum fine of 10 billion rupiah to 100 billion rupiah. This article examines these arrangements. In this paper, doctrinal research and comparison of a number of judicial decisions is carried out. From research it is known that there are many decisions that impose light fines and there are also some decisions that impose very heavy fines but are accompanied by very light substitute imprisonment. From a number of existing decisions it can be seen that setting the threat of such high criminal fines in law does not guarantee effectiveness in law enforcement. Under these conditions, the objectives of punishment cannot be achieved properly. There are a number of alternatives to solve this problem.
Analisis Potensi Pelanggaran Undang-Undang Persaingan Usaha Nomor 5 tahun 1999 ditinjau dari Pasal Pengecualian Keagenan dalam Industri Otomotif dan Penerapan Regulasi Block Exemption Andrias, Mone Stepanus; Parluhutan, Dian; Saragih, Guntur Syahputra
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The economic transformation in Indonesia and other ASEAN (Association of the South East Asian Nations) countries reflects a shift from a government-based economy to an open market system with competitive principles. The challenges faced include the rapid development of the digital economy, including Industry 4.0 which has now entered its fifth literacy. The automotive sector is one of the sectors most affected by this phenomenon. Low labour costs and high motorisation rates have attracted more car manufacturers, especially from Japan, China and Germany (Europe) to make foreign direct investments in Indonesia. Indonesia is the second largest producer and consumer of automobiles in the ASEAN region, with a market share of 25 per cent. The automotive industry employs up to 1.5 million people along the supply chain. However, despite the high potential and absorptive capacity of the automotive industry in Indonesia, the market share in this sector is dominated by only a few manufacturers with specific brands, particularly from Japan. This leads to oligopolistic market conditions that will make it difficult for new players, from other countries, to penetrate the Indonesian automotive market. Oligopolistic market conditions are caused by the pervasiveness of the practice of exclusive vertical agreements, collusive horizontal agreements and vertical integration agreements from upstream to downstream sectors or vice versa. Actually, the motive of exclusive agreement practice is to create micro-efficiency. However, this will be contradictorily confronted with macro efficiency issues, one of which is the creation of a competitive market. This issue becomes even more complex with the presence of exemption provisions, particularly in Article 50 paragraphs (a) and (e), for the enforcement of Law Number 5 Year 1999 on Business Competition related to distribution relationships, which are only attributable to agency relationships, not distribution relationships. One industry that has a very intense Principal Partnership relationship in Indonesia is the automotive industry. The nature of the partnership relationship in this business is highly dominated by the Principal so that it has the potential to conflict with the prohibitions in Business Competition Law No. 5/1999, especially in Vertical Exclusive Agreements and Vertical Integration. This study aims to analyse; First, how the potential violation of the contents of the Exclusive Vertical Agreement in the relationship between Principal and Dealer, Second, how the potential violation of the contents of Vertical Integration agreement in the relationship between Principal and Dealer; Third, how the relationship of the norm of Exclusion of Agency relationship in Article 50 with the potential violation of the prohibition of Exclusive Vertical Agreement and Vertical Integration Agreement. This research is expected to provide a reference for the Business Competition Supervisory Commission (KPPU), related Ministries, business actors and related stakeholders, in assessing potential violations of Article 15 and Article 14 of the Business Competition Law number 5/1999 in Principal and Dealer relationships in the Indonesian automotive industry. Keywords: Automotive Industry, Exclusive Vertical Agreement, Vertical Integration Agreement, Single Agent Brand Holder (ATPM), Regulation on Block Exemption

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