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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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IMPLIKASI PILIHAN METODE KONVERSI SUARA TERHADAP PROPORSIONALITAS PEROLEHAN KURSI DALAM PEMILIHAN UMUM ANGGOTA DEWAN PERWAKILAN RAKYAT Hantoro, Bimo Fajar
Jurnal Hukum & Pembangunan
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Abstract

Choice of vote conversion method, as an element of the general election system, has implications for the degree of proportionality. The degree of proportionality in question is divided into two elements, namely between the percentage of seats acquired and the fairness to large and small parties. The author here is interested in measuring the degree of proportionality generated by each of the vote conversion methods. The author then performs a simulation to measure these two elements from two families of vote conversion methods, namely the Quota method and the Divisor method. The simulation results show that in terms of proportionality of votes with seats, the Hare Quota method is the most proportional, followed jointly by the Droop Quota and the Sainte-Laguë Divisor in the second position, the Imperiali Quota and the Modified Sainte-Laguë Divisor in the third position, and D'Hondt Divisor as the one with the lowest proportionality.
TINDAK PIDANA PENCUCIAN UANG YANG DILAKUKAN OLEH KORPORASI: STUDI KASUS PUTUSAN PENGADILAN NEGERI NOMOR: 64/PID.SUS/TPK/2016/PN.BGL Jessica, Jeanny
Jurnal Hukum & Pembangunan
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Abstract

The typologies of money laundering are very closely related to corporate activities, which the activities of corporation are involved indirectly or are associated with financial institutions that made corporations very high risk as criminal offender of money laundering crimes. The handling of money laundering cases that corporation as subjects have only been carried out in Bengkulu with the corruption as primary criminal act, whereas will be expected that the application of corporations as subjects of money laundering crimes will also trigger other law enforcement agencies to uncover money laundering cases that made by corporations
PERKEMBANGAN KEDUDUKAN HUKUM (LEGAL STANDING) DALAM PENGUJIAN ADMINISTRATIF DI PENGADILAN TATA USAHA NEGARA DAN UJI MATERI DI MAHKAMAH AGUNG Madril, Oce; Hasinanda, Jery
Jurnal Hukum & Pembangunan
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Abstract

Legal standing is one of the most important aspect accordance citizen legal protection from government act which is general or concrete . In implementation at Indonesia, there are many changes in the legal standing rule. Nevertheless, this changes of rule is considered not to clarify related legal standing aspect that has impact to citizen who are having trouble for access to justice through Administratif Judicial at Administratif Court and Judicial Review at Supreme Court. Plus, the emergence of many judge decision from Administrative Court and Supreme Court Judge that sometimes expanding the meaning of legal standing, but sometimes restricting the meaning of legal standing
TANGGUNG JAWAB HUKUM SUMBER DAYA MANUSIA POTENSI BASARNAS DALAM MELAKUKAN TINDAKAN MEDIS TERHADAP KORBAN BENCANA Andrianto, Wahyu; Noviani, Nindya
Jurnal Hukum & Pembangunan
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First aid is a basic medical action that can’t be avoided by The Human Resource Potential (HR Potential) of BASARNAS during SAR Operation. Even though it is only categorized as a basic medical act, first aid can determine victims’ life because first aid is done to prevent them from getting more severe injuries or experiencing death. Despite there is no a specific regulation about basic medical action conducted by HR Potential of BASARNAS during SAR operations. This legal research focuses on answering three problems. First, how the legal rules in Indonesia regarding volunteer participation during disasters. Second, how is the authority of HR Potential for medical actions committed during the disaster. And last, how a HR Potential’s legal responsibilities in conducting medical actions against disaster victims. This research is performed using normative juridical method, the data are collected from library studies and interviews involving related respondents. The results will be presented descriptively
KESEPAKATAN PERJANJIAN JUAL BELI MELALUI MESIN JUAL OTOMATIS (VENDING MACHINE) DITINJAU DARI ASPEK HUKUM PERJANJIAN Ndaomanu, Diah Anggraeni; Wauran, Indirani
Jurnal Hukum & Pembangunan
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Abstract

In the making of an agreement, it always refers to 4 (four) terms of the validity of the agreement which is regulated in Article 1320 of the Indonesian Civil Code. There is an important element from 4 (four) legal requirements named the agreement between the two parties. The background of this thesis writing is the development of technology where there are developments in the trade sector, namely buying and selling through vending machines without involving the seller directly or real. This research writing aims to determine the form of sale and purchase agreements through vending machines in terms of the legal aspects of the agreement. The writing of this research uses normative research and a statutory approach as well as a conceptual approach, so that it can be concluded that the agreement in buying and selling through vending machines appears when the buyer puts money into the vending machine and the goods come out.
KEBERLAKUAN KLAUSULA SECURITY EXCEPTIONS DALAM PERJANJIAN TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (TRIPS) DI MASA PANDEMI COVID-19 Putra, Daniel Nicholas; Dewi, Yetty Komalasari, YKD
Jurnal Hukum & Pembangunan
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Abstract

WTO commitments, particularly related to intellectual property rights in the TRIPS Agreement, could potentially hinder efforts to increase access to medicines and vaccines during the Covid-19 pandemic. In time of emergency, these commitments can be overridden using the WTO security exceptions clause. This article compares the WTO security exceptions to general exceptions in Article XX of the GATT 1994 and non-precluded measures in the Argentina-US BIT, India-Germany BIT, and India-Mauritius BIT, and analyses how the Covid-19 pandemic can be a valid reason to waive the obligations under the TRIPS Agreement using the security exceptions clause. In particular, this article discusses how this pandemic has resulted in an “emergency in international relations” and the waiver of obligations in the TRIPS Agreement for public health and safety qualify as “essential security interests”.
PEREMPUAN PEKERJA MIGRAN NON-REGULER: KONFLIK HUKUM DALAM PENGATURAN PERDAGANGAN ORANG DAN PENYELUNDUPAN ORANG Eddyono, Sriwiyanti
Jurnal Hukum & Pembangunan
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This paper analyzes the extent to which Indonesian law regulates the position and protection of irregular women migrant workers and the implication of the arrangement of law for irregular women migrant workers who experience human trafficking and people smuggling. This paper follows up on field findings on human trafficking in the Kalimantan border which was carried out in 2018-2019. This paper finds that there are complications in the regulation on laws and regulations, related to the regulation of Irregular Migrant Workers. Even though the law which is based on international conventions explicitly regulates Non-Regular Migrant Workers (Migrant Workers Convention 1990) and acknowledges the existence and problems of Women Non-Regular Workers (CEDAW), other laws ignore the regulation of trafficking in persons but as problematic migrant workers/PMI.
EKSISTENSI PERLINDUNGAN PATEN ATAS VAKSIN COVID-19 Tharifah, Adzhani; Sardjono, Agus
Jurnal Hukum & Pembangunan
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Abstract

The Covid-19 vaccine is expected to be a solution to return to normal life. However, the need for vaccines that are global in nature raises several questions in the community, especially regarding the existence of patent protection. For this reason, this paper will answer these questions by discussing the patentability of the Covid-19 vaccine as well as how to implement patent protection in the midst of a pandemic and public concerns about limited access to vaccines. The research method used in the writing of this thesis is normative juridical with a qualitative approach where the data comes from literature studies and interviews. Based on the author's research, the author came to the conclusion that the Covid-19 vaccine can obtain patent protection as long as a patent application has been submitted to the patent office in which the vaccine meets all the patentability requirements. Due to the absence of an international patent protection mechanism, patent applications must be filed in many countries to maximize the scope of patent protection areas.
EVALUASI KEBIJAKAN PERADILAN ELEKTRONIK (E-COURT) MAHKAMAH AGUNG REPUBLIK INDONESIA Ariwijaya, Abdul Rachmat; Samputra, Palupi Lindiasari
Jurnal Hukum & Pembangunan
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This study aims to evaluate the administrative policies and electronic trial (E-Court) of the Supreme Court of the Republic of Indonesia and the judicial bodies under it in achieving the principles of administering judicial power, namely: simple, fast, and low-cost justice. The research method uses a retrospective evaluation theory that directs the present results after implementing the E-Court policy. The data used consisted of secondary data (documents) and primary data through in-depth interviews from experts and E-Court policymakers. The results showed that the E-Court policy succeeded in clarifying the Supreme Court of the Republic of Indonesia's organization in realizing simple, fast, and low-cost judicial principles, both for the internal judiciary and the justice-seeking community. Indicators of the realization of simple judicial principles can describe at the stage of registering cases which are carried out quickly through an electronic system
PENERAPAN SANKSI PIDANA TERHADAP PERBUATAN PENGALIHAN BARANG JAMINAN FIDUSIA (STUDI KASUS PADA POLRES SERANG KOTA) Wiguna, Rahmat; Irawan, Benny; Yulia, Rena
Jurnal Hukum & Pembangunan
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At this time, many financial institutions (leasing) offer easy credit applications for potential customers. This has attracted consumers to apply for motor vehicle loans, both cars and motorbikes, in leasing companies. However, the problem that has occurred recently in financial institutions is the number of cases concerning the transfer of fiduciary collateral. In fact, the said act has been regulated in statutory regulations which have criminal consequences, namely if the debtor transfers goods or pawns the goods which are guaranteed to be Fiduciary without the creditor's permission, the debtor can be subject to a fiduciary crime. This research aims to determine how the application of criminal sanctions to the act of transferring fiduciary goods and how the law enforcement process against the act of transferring fiduciary collateral at the Police Office of Serang District. This research method uses a normative juridical method using secondary data. Secondary data is used to analyze various laws and regulations in the field of law, regulations regarding fiduciary collateral, books relating to fiduciary and articles.

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