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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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MEMBANGUN PENGELOLAAN PERIKANAN LAUT BEBAS DI ASIA TENGGARA YANG BERORIENTASI PADA KEBERLANJUTAN Tarigan, Muhammad Insan
Jurnal Hukum & Pembangunan
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Abstract

High seas is an ocean legal regime that is free access to every states, including the use of its fisheries. Yet, in fact, fishing on the high seas is dominated by in part of all countries, which are developed countries or at least states with advance technology and finance. The vast potential of high seas fisheries is in line with the high of threat that must be faced, for examples overfishing and destructive fishing. The majority regionals of the world are going through fisheries crisis as well as decreasing of fish stocks in Southeast Asia. Fisheries sector is so important within Southeast Asia, either in economic interest or food security. In fact, ASEAN already have policy that support the sustainability of fisheries on the high seas, namely ASEAN Tuna Eco-Labelling (ATEL). Through this policy will make sure fishing activity is done without making any destruction to the ecosystem and ocean environment. However, ASEAN still need to develop a concept of high seas fisheries management that in line with common heritage of all mankind principle. Sharing benefit concept can be adopted to guarantee that high seas fisheries can be enjoyed by all of states in Southeast Asia.
REKONSEPTUALISASI PENYELESAIAN SENGKETA PROSES PENCALONAN PILKADA Supriyadi, Supriyadi
Jurnal Hukum & Pembangunan
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This research aims to find the ideal concept of dispute resolution process in the regional head election, so far the practice of election dispute resolution is carried out by two institutions namely Bawaslu and PTTUN. As for the results of this study in the form of the first, philosophically the Bawaslu institution was born from the provisions of Article 22E paragraph (5) of the 1945 Constitution of the Republic of Indonesia which was interpreted to conduct supervision both in the narrow and broad sense (handling violations and dispute resolution) of the holding of elections or the elections. Second, the dualism of institutions that settle local election disputes gives birth to a point of intersection of decisions that do not give birth to legal certainty, a concrete example of the decision on the nomination of the Makassar City elections in 2018. Third, the settlement of nominating dispute processes should ideally be carried out by only one institution namely Bawaslu, and then to ensure justice and legal certainty for the candidate pair can take legal action to correct the decision of the Provincial Bawaslu or Regency/City Bawaslu to the Bawaslu of the Republic of Indonesia.
MENCARI JEJAK KONSEP JUDICIAL RESTRAINTDALAM PRAKTIK KEKUASAAN KEHAKIMAN DI INDONESIA Wicaksono, Dian Agung; Tonralipu, Andi Sandi Antonius Tabusassa
Jurnal Hukum & Pembangunan
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Abstract

The decision on judicial review of Laws by the Constitutional Court was allegedly not fully obeyed by the parties affected by the decision. One form of disobedience tothe judicial review decision by the Constitutional Courtwas shown by the Supreme Court concerning the decision related to the opening of the opportunity to submit a Peninjauan Kembali more than once, which was responded by the Supreme Court with internalregulations which emphasized that Peninjauan Kembali could only be done once.From the phenomenon, this research tries to trace the concept of judicial restraint in the practice of judicial power in Indonesia, as well as measuring the implementation and justification of the concept of judicial restraint in the practice of judicialpower in Indonesia. This is normative legal research that uses secondary data. The results indicate that the Supreme Court and the Constitutional Court are expected to have the awareness to apply judicial restraint in the exercise of judicial review authority.
THE ROLE OF SHARIA BANKING NOTARIES IN THE DEVELOPMENT OF SHARIA ECONOMIC LAW IN THE DIGITAL ERA Setyowati, Rofah; Heradhyaksa, Bagas; Rosyid, Maskur
Jurnal Hukum & Pembangunan
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Notary has a strategic position in making Islamic banking contracts. This is because the Notary is responsible for the correctness of the contract construction to fulfill the terms of the agreement, as well as sharia principles. This study is intended to analyze the legal consequences that arise in the relationship between the Notary profession and the Islamic banking industry. It is important to find opportunities and challenges of Notaries in supporting the development of Islamic economics in Indonesia. This study uses a philosophical, juridical and empirical approach. The results of the analysis show that the need for a notary who has sharia competence in Islamic banking isan urgent matter. In addition, the opportunities and challenges for sharia-compliant notaries are as great. This is due to the fact that the potential of the Islamic banking market is still very large, but there are also many technological developments with various problems. For this reason, Islamic competent notaries need to be confident that the conventional transaction concept is the design of Allah SWT, the Creator of man, so that it needs to be studied, practiced, disseminated and oriented towards finding solutions if there are still obstacles in its implementation.
MANAGING THE RISK FOR FINTECH LENDING AMID THE GLOBAL PANDEMIC CORONA VIRUS Usanti, Trisadini Prasastinah; Roro, Fiska Silvia Raden; Setiawati, Nur Utari
Jurnal Hukum & Pembangunan
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The coronavirus (covis-19) is impacting all sectors across the world. Moreover, the covid-19 pandemic will accelerate change in the world economy. That brings both opportunity and danger, says Henry Curr in The Economist. In dealing with global disaster which impacts to the finance and economy world, such as the pandemic of covid-19, fintech lending offers the fastestand the most easy lending service for people in the whole business world nowdays. However, the easy process can cause various problems such as late payment and default in payment. Fintech will suffer from those risks and it can jeopardise the business. Moreover, most of the platforms do not ask for collateral as a requirement. So, in this article, the authors will discuss how fintech should manage their risks in lending using statute and conceptual approach. The results show that fintech should adopt the 5Cs credit analysis (character, capital, capacity, collateral, condition) as a way to minimise their risks. The Financial Services Authority (OJK) has not regulated risk management for fintech. Thus, fintech should follow the existing model from banking institution to manage their risks.
STUDI SOSIO LEGAL DALAM PEMANFAATAN ENERGI TERBARUKAN DI PERAIRAN INDONESIA Purba, Marlina
Jurnal Hukum & Pembangunan
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Socio-legal studies are the kind of study that presents the point of view to see the law which focuses on the contact more than the texts. By legal socio approach, the problem which will be learned is notonly study to the norms studied or the law doctrine but see the contact detail of the norms and the enactment. How the law work in the public which will be learned by legal socio study. The legal socio study is done by refer to the research result Cotterrell R about the theory and value. Cotterrell enters the value to explain the action of the social and the law, while the theory plays the role to dig the values which exist in the attitude to the law, the attitude to the practice of interpretation, and thelaw application also to the perception on two different interests. The theory and any value which iscan bethe material of legal socio study in the utilization of renewable energy which is come from the sea is become to be the result of this study.
PERGESERAN KOMPETENSI ABSOLUT DARI PERADILAN UMUM KE PERADILAN TATA USAHA NEGARA: GUGATAN PERBUATAN MELAWAN HUKUM OLEH PENGUASA (ONRECHTMATIGE OVERHEIDSDAAD) Barokah, Muhamad Raziv; Erliyana, Anna
Jurnal Hukum & Pembangunan
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The absolute competency-shifting in adjudicating a lawsuits against the law by authorities from the general court to the state administration court suddenly based on Supreme Court Regulation No. 2/2019 raises 2 (two) issues regarding differences in the parameters of evaluating government actions in terms of civil law with state administration law and a significant reduction in the time period for filing a lawsuit from 30 (thirty) years to 90 (ninety) days. This research takes the form of a normative juridical approach to the rule of law. This study concludes there are differences in the parameters of the OOD Claims between general and administrative court. PN uses 4 alternative parameters in the form of conflict against 1) law regulation; 2) other people subjective rights; 3) morality; or 4) propiety. Administrative court uses 5 alternative parameters in the form of 1) statutory regulations; 2) General Principle of Good Governance; 3) authority; 4) procedure; or 5) substance. Ideally, the Administrative Court absorbs parameter from the general court
WASIAT WAJIBAH BAGI SUAMI MURTAD DALAM PENDEKATAN TELEOLOGIK MENUJU REALISME HUKUM (Suatu Analisis Terhadap Putusan MA Nomor 331 K/Ag/2018) Hazmi, Raju Mohammad; Adhha, Nurul; Kamarusdiana, -
Jurnal Hukum & Pembangunan
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The Compulsory will (wasiyah wajibah) is one of the products of ijtihad in the field of contemporary Islamic jurisprudence. The case of compulsory wills is also included in the sub-discussion of inheritance in family or civil law in several countries with a majority Muslim community. The provision of a mandatory will appears as an alternative to several inheritance problems, such as the right to inheritance for heirs of different religions, children and adoptive parents. This condition is faced with the reality of the inheritance law of a society that cannot be separated from the structure, norms and traditions of a society that has lived (living law) for years. One of the practices of compulsory will that is in the spotlight in Indonesia is the case of compulsory will in the Supreme Court Decision Number 331 K / Ag / 2018. This decision is an elected decision of the Supreme Court (landmark decision) which changes the decision of the Banten High Religious Court No. 78 Pdt.G / 2017 PTA Btn regarding the distribution of inheritance for the husband of the heir who has apostatized.
REKONSTRUKSI UNDANG-UNDANG PERBANKAN UNTUK MEWUJUDKAN PERLINDUNGAN NASABAH PENYIMPAN YANG INTEGRATIF DAN BERKEPASTIAN HUKUM Febrianto, Danu; Emirzon, Joni; Febrian, Febrian
Jurnal Hukum & Pembangunan
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Banks have an important role in economic development through their function by collecting funds from the public in the form of deposits and channeling them to the public in the form of credit in order to improve the standard of living of the people at large. Currently the banking business is regulated in Act Number 7 of 1992 concerning Banking as amended by Act Number 10 of 1998 (abbreviated as "Banking Act”). In a period of 20 years from 1998 to 2018, there have been developments in regulations relating to the depositors protection which are scattered in various laws and regulations in the economic sector. This condition creates a potential problem of legal uncertainty because the regulations related to the protection of depositors are carried out gradually and in various laws and regulations outside the Banking Act, causing potential inconsistencies with the provisions of the Banking Act. Therefore, it is necessary to reconstruct the Banking Act in order to synchronize with legal development and meet the needs of the community in order to create an integrated and legal certainty protection for depositors in banking sector
POTENSI PENGEMBANGAN WAKAF SAHAM SEBAGAI OBJEK WAKAF BARU DI INDONESIA: PERSPEKTIF HUKUM ISLAM Fauzi, Fahrul
Jurnal Hukum & Pembangunan
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Share waqf is holding one or more shares owned by wakif in a company that is engaged in a field that is permitted under sharia, the profits of which are used according to the purpose of waqf both for public and private in the framework of worshiping Allah SWT. The regulation of share waqf in Indonesia is still incorporated in the provisions of waqf in general. The existence of this regulation is the result of ijtihad by Indonesian ulama who adjusts to the needs and current social conditions. Shares in Islamic law are categorized as a form of Syirkah. The opinion of the jumhur ulama regarding the use of shares as the object of waqf is permissible, only the Mazhab Hanafi is of the opinion that share waqf is invalid because shares are a movable object. This paper discusses how the concept and model of share waqf, the arrangement and views of positive law and Islamic law on share waqf, as well as the potential and challenges of stock waqf to be developed. The research method used in this paper is a normative legal research method supported by technical qualitative data analysis.

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