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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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STATUS HUKUM PENJELASAN UNDANG-UNDANG BERDASARKAN SISTEM PERATURAN PERUNDANG-UNDANGAN INDONESIA Septian, Ilham Fajar; Abdurahman, Ali
Jurnal Hukum & Pembangunan
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The law explanationis interpretation of norms contained in the body of the law. However, its existence as part of the law promulgatesthe unclear status of the lawexplanation as a mere interpretation or also as a binding legal norm. This has been further emphasized by the Constitutional Court Decision whichchanges its stance in judicial review to the law explanation. Therefore, issues regarding the legal status of the law explanationand the extent to which the Constitutional Court can judicial review tothe law explanationneed to be resolved. This research is a normative juridical research through literature study with historical, statutory, case, conceptual, and legal comparison approaches to secondary data in the form ofprimary and secondary legal materials which are analyzed descriptively qualitatively.
PENGHASILAN TIDAK KENA PAJAK (PTKP) SEBAGAI BENTUK PERLINDUNGAN HAK EKONOMI DALAM PERSPEKTIF HAK ASASI MANUSIA Saputra, Auditya Firza
Jurnal Hukum & Pembangunan
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As a ratifying State to the International Covenant on Economic, Social and Cultural Rights (Ecosoc), the Government of Republic of Indonesia has legal obligation to implement steps of realization in effective and measurable manner in fulfilling, promoting, and protecting the economic, social and cultural rights of all its citizens. The issue is, to fulfil such obligation the State will require high amount of cost. The State is being sourced by the taxation policy. From many taxation policies, Income Tax become one of the most preffered segment. Unfortunately, the Income Tax policy, in practice, hardly optimizing due to many social economic issues on society, such as the high level of poverty, welfare issues, and the existing under minimum wage issues among the workers. These issues eventually affect societys purchasing power towards minimum level, and inconsequently making tax absorbtion unoptimal. The Government issued Non Taxable Income Tax Law policy to protect the buying power of those under welfare level to improve its own economic situation. Such protection will be reviewed in this article through Human Rights perspective using interdisciplinary point of view, including law, sociology, and economy.
KEDUDUKAN DAN KEWENANGAN: BADAN NASIONAL PENGELOLA PERBATASAN DI INDONESIA Widiartana, Putu Wahyu
Jurnal Hukum & Pembangunan
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The vast condition of the Unitary Republic of Indonesia made Indonesia have several border areas stretching from Sabang to Merauke. Management of the countrys territories and border areas has been regulated in Law 43/2008 on State Territories. The National Border Management Agency (Badan Nasional Pengelola Perbatasan/BNPP) is the only institution tasked with managing border areas in Indonesia. The Minister of Home Affairs as the Head of BNPP leads and controls the implementation of the duties and functions of BNPP. In this study using Border Management Theory and Authority Theory. This research uses the normative legal research method which is the research conducted referring to the laws and regulations. The management of border areas in Indonesia still faces various problems, therefore the position and authority of the BNPP will be discussed briefly in this paper, along with comparisons in other countries.
PEMUSATAN KEPEMILIKAN MEDIA MASSA DI INDONESIA: TINJAUAN ASPEK HUKUM Aulia, Muhammad Zulfa; Raffles, Raffles
Jurnal Hukum & Pembangunan
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Today, mass media tend to be exclusively possessed by certain business groups who generally have affiliation to authorities or political parties. This article disscusses the concentration of mass media ownership in the light of constitutional and competition law. The article argues that the privatisation of business and politics towards public information through mass media, which is inevitable, has to be minimized. This due to the fact that mass media is one of pillars to which the democracy of a nation relies on. Despite the ownership of mass media which is a part of expressions (by some elites) of the people to performs such duties as the one guaranteed by the Constitution, the restriction of its ownership has to be attempted, since the business field uses limited public space to conduct business and perform democracy attached in it. In terms of the ownership of mass media centralizes among certain business holders, people have only few alternatives of information despite various media people might choose.
ASPEK HUKUM PERAN WAKAF TUNAI PADA MASA PANDEMI COVID 19 Sulistiani, Siska Lis; Nurrachmi, Intan; Bayuni, Eva Misfah
Jurnal Hukum & Pembangunan
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The development of cash waqf in Indonesia in the past 10 years is of particular concern. With the law No. 41 of 2004 concerning endowments became the initial foothold in the development of forms of cash endowments, including endowments of money, endowments sukuk, endowments of Islamic insurance policies and others. Of all the innovations of this waqf because waqf has more flexible properties to be able to make new breakthroughs that fit the needs of the times without reducing the essence of the waqf. The legal aspect of developing cash waqf is important because it will affect its position and its validity as an endowment asset. This research is a normative juridical study, which uses library research as a method of collecting data and analyzed through descriptive analytical methods, so that innovation in the form of cash waqf in Indonesia has a strong legal basis as a basis for its operation in society.
REFORMULASI DELIK MAKAR DALAM RANCANGAN KITAB UNDANGUNDANG HUKUM PIDANA NASIONAL TAHUN 2019 (SEBUAH TELAAH LEKSIKAL TERHADAP TERMINOLOGI AANSLAG) Fajrin, Yaris Adhial
Jurnal Hukum & Pembangunan
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The use of the term Makar as a translation of the word Aanslag in Indonesias CRIMINAL code currently triggers a variety of polemic because it has a lot of meaning, resulting in an ambiguity that causes no legal certainty to be guaranteed. Indonesias CRIMINAL code is currently in its case that it does not provide define and the limitations of Macar deeds so that the multitasking is still prone to occur. Addressing such a thing, it is necessary to reformulation the draft proceeding in the Penal Code in order to ensure the future legal certainty. The limitation of the performance of at least should contain intention, commencement, and physical or nonphysical attack
PERBANDINGAN KEDUDUKAN DAN KEWENANGAN KEPOLISIAN DALAM KONSTITUSI YANG PERNAH BERLAKU DI INDONESIA Surbakti, Farrel Eden; Abdilah, Ali
Jurnal Hukum & Pembangunan
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The police are defined as a tool of the state in charge of maintaining the security and order of the community, providing protection, and providing protection to the public. The relationship between the community and the police themselves is mutually influencing, where the existence of the police is functional in the structure of life. When people experience changes due to various factors, then there is also a change in moral standards that result in order and order of life according to previous cultures are no longer used. This is what causes the role and function of the police must always adjust. The police are referred to as determining concretely what is called order enforcement. The importance of the existence of police institutions in Indonesia has become generally accepted. But regarding the position of the police institute in the Indonesian constitutional arrangement is still a problem. With the constitution changing from the era of independence to the era of reform, the position of the police in the constitutional arrangement has changed.
SOCIAL JUSTICE IN LAW, SOCIETY AND DEVELOPMENT: A MARXISM PERSPECTIVE OF INDONESIAN CASE Arifin, Ridwan; Yuniar, Vania Shafira
Jurnal Hukum & Pembangunan
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This article explores about social justice in peoples lives according to Karl Marxs prespective of the concept of social class. It also discusses Marxs concept of the struggle of the social class to provide a solution for the proletariat, to free themselves from the chain of cruelty, violence and alienation in the capitalist system to achieve social justice. The essence of social justice in Karl Marxs prespective is that if a society has created a manifestation of self through compassion, and the collaboration of a classless society, without violence, and without oppression, and humans are free from all forms of human alienation. Our main analysis is to examine the relationship between the concept of social class struggle and the need for a social revolution as a tangible form of justice for the formation of classless societies and also analyze the inhumane living conditions of the proletariat class in modern society. Marx considers freedom as a possibility for all people to develop their human potential, so that this thinking is the background of their social justice theory. This shows that social justice in Indonesia is a very important thing in the life of society and state for the sake of prosperity, peace and security.
KELEMAHAN PENGATURAN PENGUPAHAN BAGI DOKTER DI INDONESIA Nur, Muhammad
Jurnal Hukum & Pembangunan
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The results of the Junior Indonesian Doctors Network (JDN) survey on August 1-30 2018 stated that 26.24 percent of doctors in Indonesias main workplaces were still paid under three million rupiah per month. Then, there are 8.89 percent of doctors who are even paid under one and a half million rupiah per month. Due to the low salaries earned, many doctors end up having to take additional work hours in several practice locations to increase their income. In fact, other studies say that working continuously for doctors increases the risk of malpractice and endangers patients. Low wages also make doctors apathetic about their work and find it difficult to empathize with patients so they do not provide the best service for them. In addition, low wages also triggered collaborative practice between pharmaceutical companies and doctors to increase their respective income. This study found that the low salary of doctors was caused by the weaknesses of the legislation, the weaknesses of the regulations of the doctor profession in Indonesia, and the weaknesses of work agreements.
KEBIJAKAN PENGHAPUSAN IZIN LINGKUNGAN DALAM RUU CIPTA KERJADAN DAMPAKNYATERHADAP PEMBANGUNAN BERKELANJUTANDI INDONESIA Benuf, Kornelius; Aritonang, Abram Robert; Simanjuntak, Supriardoyo
Jurnal Hukum & Pembangunan
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The government is currently discussing about Jobs Creation Bill on the implementation of national development. The drafting of Jobs Creation Bill is carriedout by applying the omnibus law system. However, on the Bill there are numbers of irregularities such as the removal of environmental permits and replaced with environmental agreements. This raises legal issues because the changes of terminology onthe Bill have juridical implications for the implementations of sustainable developments in Indonesia. This legal issue will be researched further in this study. The method used is normative juridical with secondary data in the form of primary legal materials ofthe Jobs Creation Bill and secondary legal materials such as related literature. Result of the study concluded that the granting of environmental approval as a substitute for the permits to continue carry out environmental feasibility test to meet UKL-UPLstandards and PKPLH issuance. In addition, the central government can impose administrative penalty such as fines to entrepreneurs who do not have environmental agreement or who do not carry out their obligations.

Page 7 of 53 | Total Record : 521

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