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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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REKONSTRUKSI RELASI ANTAR LEMBAGA LEGISLASI DI INDONESIA Sorik, Sutan
Jurnal Hukum & Pembangunan Vol. 51, No. 3
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This study discusses the reconstruction of relations between legislative institutions in Indonesia. This study aims to find the ideal relations of the Regional Representative Council(DPD), the House of Representatives (DPR), and the President in the formation of laws in Indonesia, as an effort to produce laws that have efficacy and usefulness. The type of research used in this study is normative juridical research. From the analysis found that the authority of the DPD is constitutionally only optional and has no imperative power, which then has implications for the relations between the DPD and the DPR and the President in shaping the law. The DPD in the formation of the law is onlyused as a complementary legislative body. This shows that there are inconsistencies and incoherence with the aim of democratizing legislative institutions, the principles of popular sovereignty, check and and balances, and the bicameral system. The results of this study recommend purification of the relations between DPD, DPR and the President. Revitalizing the position, role, authority and power ofthe DPD to have original power.
PENDEKATANKEADILANINTEGRATIF DALAM MEMBANGUNINSTITUSI PUBLIKYANG LEGITIM Harnowo, Tri; Ali, Alavi
Jurnal Hukum & Pembangunan
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Public institutions have a very important role in providing public services in order to fulfill basic needs and the rights of every citizen, therefore the formation and operation must have public legitimacy. This paper discusses conceptual ideas in establishing legitimate public institutions based on the integrative justice principle, by taking Rawlss proscedural justice, Habermass communication theory and Lind’s perceptive justice as theoritical framework. The results of this study provide a concept of legitimate public institutions where in its formation and operatioan must fulfill the principles of participatory, constitutionality, universality, accessibility, efficiency, partiality, dialectic, deliberative, care, respect and explanatory.
PENERAPAN PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM BERBAGAI PUTUSAN PENGADILAN Akbar, Muhammad Fatahillah
Jurnal Hukum & Pembangunan
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By the development of criminal law in Indonesia, the corporate criminal responsibility has been introduced in many Acts. In the practices, there are criminal court decisions which sentenced corporations. This article aims to comprehensively examine how corporate criminal responsibility is implemented in various court decisions. It is found that aggregation theory, which corporate criminal responsibility is based on the actions of some people in the corporation scope, has been applied in most cases. Howeverm the weakness of the aggregation theory, in environment crimes, only corporation which was responsible and most organizers were not. On the other hand, in the corruption cases, the organizers, such as directors, were responsible, even thought they were adjudicated in different examinations. In promoting cheap, efficient, and simple examination, the combination of cases between corporations and directors shall be applied more. Furthermore, the Supreme Court Regulation Number 13 of 2016, the corporate criminal responsibility provision shall be regulated in the Act type, such as in the Bill of Criminal Code.
POLITIK HUKUM PROGRAM KELUARGA BERENCANA DI INDONESIA Rahmadhony, Aditya; Puspitasari, Mardiana Dwi; Gayatri, Maria; Setiawan, Iwan
Jurnal Hukum & Pembangunan
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Regime or government change has specificlegal political characteristics, including the Political Law of Family Planning. Each period of government has different views and policies on the implementation of the national family planning program as one of the programs in population control in Indonesia. This study aims to determine the effect of legal politics on the success of the family planningprogram in Indonesia by analyzing statutory regulations in the form of policy rules relating to the family planning program at each government period. The research method used is juridical-normative research through a literature review approach by analyzing policies in the form of laws and regulations and other literatures related to family planning programs. Data collection techniques are through library research and problem approaches through thestatue approaches, historical approaches, and comparative approaches. The results show that there is a relationship between the politics of law or policies issued by a regimeand family planning program intervention.
PRO KONTRA TERHADAP PROSEDUR DAN SUBSTANSIOMNIBUS LAW RANCANGAN UNDANG-UNDANGCIPTA KERJA Sadono, Bambang; Rahmiaji, Lintang Ratri
Jurnal Hukum & Pembangunan
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There are at least two main issues concerning the pros and cons of this omnibus law. First is the posedural issue in the process of making laws. Omnibus law should not be solely to support economic growth and facilitate investment. At thesame time other issues must be considered, for example human rights. So that the omnibus law is not merely a technical problem of legal drafting, but is also part of the implementation of the countrys legal politics. This study uses a literature reviewanalysis method. The results of the deepening of the literatureexplain that the reasons for urgent needs, and limited time, the government or the Parliament can not only pursue the efficiency of time and effectiveness of the target, because the making ofthe law must meet the required procedures, so that the authority granted by the constitution is validated. What must be guarded is not to get the idea of finding a breakthrough, not only concerning the substance of the legislation, but also the draftingprocedures, and the systematic system of the legislation, it will cause new complications in the legislative draftingsystem.
POLITIK HUKUM PEMBERIAN GRASI,AMNESTI DAN ABOLISISEBAGAI KONSEKUENSI LOGIS HAK PREROGATIF Fauzi, Suyogi Imam
Jurnal Hukum & Pembangunan
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The granting of clemency, amnesty and abolition is a prerogative rights owned by the president based on Article 14 of the 1945 Constitution of the of Indonesia (UUD 1945). The long proses of implementing thegranting of clemency, amnesty and abolition after independence to the post-amendment of the UUD 1945 produce a lesson forIndonesia regarding the law shall be correspond in treating prisoners rights properly in accordance with Human Rights. There is a differences regarding the way of granting clemency which is more dynamically developing beside amnesty and abolition is still at a sustain of stagnation even after the amendment UUD 1945, the provisions regarding amnesty and abolition have not been updated. Based on this process, a pattern which forms a legal policyin granting clemency, amnesty and abolition which can be seen from various aspects ranging from function, purpose, addrest, to legal consequences. This paper will discuss in a structured, systematic and comprehensive manner the legal policyof grantingclemency, amnesty and abolition as a logical consequence of the prerogative rights of the presiden.
URGENSI PRINSIP NON-DISKRIMINASI DALAM REGULASI UNTUK PENGARUS-UTAMAAN KESETARAAN GENDER Hamidah, Anisatul
Jurnal Hukum & Pembangunan
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Discrimination against women seems to have become part of the human history and development because it has happened since years ago until now.Therefore,the issue of discrimination against women is still interesting and becomes an important topic to discuss both at the global level and in Indonesia. Efforts to minimize the existence of discrimination against women have actually been carried outby establishing global consensus listed in various legal instruments such as the Universal Declaration of Human Rights (UDHR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). These instruments explicitly state the obligation of countries to apply the principle of non-discrimination and equal rights for all people including women. Yet, discrimination against women continues to occur after the global consensus was established more than five decade ago. In many countries, discrimination against women does not only occur as part of cultural and religious traditions but it is alsowritten in regulations. Indonesia as the main focus of this study is one best example in which women face discrimination in many sectors.
PANDEMI COVID-19: FORCE MAJEURE DAN HARDSHIP PADA PERJANJIAN KERJA Widiastiani, Nindry Sulistya
Jurnal Hukum & Pembangunan
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In the civil law system, there are force majeure and hardship concepts which is related with situation when debtors unable to fulfill their contract obligations. Covid-19 pandemic in Indonesia causes employers’ difficulties in order to fulfill their work agreement obligations, such as payingtheir workers wages and Religious Holiday Allowances. In the context of fulfilling work agreement obligations, force majeure dan hardship concepts could not be found in the Indonesia’s Manpower Law. This conceptual article aims to analyse the chance of using force majeure and hardship concepts in the implementation of work agreement during covid-19 pandemic. The analysis uses conceptual approach to deduce a result. The result shows that covid-19 pandemic could be used as the ground to implement force majeure and hardship concepts if the employers (as debtors) unable to fulfill their obligation from work agreement, such as as paying their workers wages and Religious Holiday Allowances. However, the application of force majeure and hardship concepts are subjective and could not be used as general principles.
ANALISIS YURIDIS KEDUDUKAN NARAPIDANA SEBAGAI JUSTICE COLLABORATOR Sugiri, Bambang; Aprilianda, Nurini; Hartadi, Hanif
Jurnal Hukum & Pembangunan
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This article aims to examine the inmates position as a justice collaborator in the disclosure of organized crime that can assist law enforcement officers. This is againstthe backdrop of crown witnesses who are often used in proving criminal cases but are judged to be in violation of human rights. The difficulty of disclosure of organized crime is that the perpetrators involved in organized crime are bound by the oath of silence (omerta). Information from inmates related to crime networks he has committed, facilitates the disclosure of organized crime by law enforcement officers. This paper is based on the results of legal research with a statutory approach, conceptual approachand comparative approach. The results showed that inmates as justice collaborators have a role that can be utilized by law enforcement officials in uncovering organized crime as well as as a form of correcting the wrongdoing of the inmates themselvesas in the purpose of funding, so that inmates can be accepted back into society.
SURAT EDARAN SEBAGAI INSTRUMEN ADMINISTRASI NEGARA DI MASA PANDEMI COVID-19 Sjarif, Fitriani Ahlan; Kastanya, Efraim Jordi
Jurnal Hukum & Pembangunan
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Since Indonesia entered a period of health emergencies caused by the outbreak ofthe Covid-19, the Indonesian government has attempted to develop various legal instruments to regulatethe behavior of the Indonesian people. One of the instruments used is a circular letter. This paper tries to examine the normative juridical use of circular letters as an instrument of state administration during this pandemic. In legislation science and administrative law theory,a circular letter is a piece of legislationthat should be used as an official note to warn and remind, notto regulate.In practice, there are several problematic Circular Letters which are used to regulate the public.

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