Jurnal Penegakan Hukum Indonesia (JPHI)
Jurnal Penegakan Hukum Indonesia (JPHI) (E-ISSN: 2746-7406 P-ISSN: 2808-4896) is a Double Blind Review Scientific Journal first launched in 2020 by Scholar Center under the administration of PT. Borneo Development Project in collaboration with Law office of SAP. JPHI publishes three times a year on February, June and October, provides with open access publication to support the exchange of global knowledge. The submission shall follow the blind peer-reviewed policy which aims to publish new work of the highest caliber across the full range of legal scholarship, which includes but not limited to works in the Philosophy of Law, Theory of Law, Sociology of Law, Socio-Legal Studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Business Law, Constitutional Law, Human Rights Law, Civil Procedure Law and Customary Law. All papers submitted to this journal can be written either in English or Indonesian.
Articles
79 Documents
<![CDATA[Analisis Yuridis Arbitrase Perihal Tidak Dapat Ditanda Tanganinya Perjanjian Tertulis Oleh Para Pihak Yang Bersengketa ]]>
<![CDATA[Muhammad Rudiansyah]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 1 No. 1 (2020): Edisi Oktober 2020 ]]>
Publisher : <![CDATA[Scholar Center ]]>
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DOI: 10.51749/jphi.v1i1.2
<![CDATA[In the dispute resolution process through arbitration is a settlement process outside the general court (non-litigation), where the settlement is based on an agreement. The agreement in question is a written agreement made by the parties, before or afterthe disputes. Article 9 paragraph (1) and (2) of Law Number 30/1999 onArbitration and Alternative Dispute Resolution explains that if in dispute resolution through arbitration the arbitration agreement cannot be signed, it can be replaced with an authentic deed (notary deed). However, there is no explanation onthe specific reasons that allow the agreement to be replaced by a notary deed. The method used is this study is a normative research method The result of this research is that there is still legal obscurity in the provisions of Article 9 paragraph (1) and (2) which still does not include the reasons that the parties may not sign the agreement and be replaced with an authentic deed. It is necessary to emphasize the purpose of the provisions of Article 9 paragraphs 1 and 2.]]>
<![CDATA[Pertanggung Jawaban Rumah Sakit Terhadap Limbah Bahan Beracun Berbahaya (B3) ]]>
<![CDATA[Egi Agfira Noor]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 1 No. 1 (2020): Edisi Oktober 2020 ]]>
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DOI: 10.51749/jphi.v1i1.4
<![CDATA[The purpose of this study was to analyze the hospital's responsibility for medical waste classified as hazardous toxic materials in accordance with the Minister of Environment and Forestry Regulation Number 56 of 2015, and to analyze the legal consequencesfor hospitals if they do not treat medical waste classified as hazardous toxic materials. This research is a normative research. The results of this study: First the responsibility of the hospital for medical waste classified as hazardous toxic materials in accordance with the Minister of Environment and Forestry Regulation Number 56 of 2015. Second, the legal consequences for the hospital if it does not treat medical waste which is classified as hazardous toxic materials is subject to punishment in accordance with the provisions. in Law Number 32 of 2009 concerning Environmental Protection and Management]]>
<![CDATA[Penjatuhan Pidana Mati Sebagai Upaya Pemberantasan Tindak Pidana Korupsi ]]>
<![CDATA[Sam Renaldy]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 1 No. 1 (2020): Edisi Oktober 2020 ]]>
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DOI: 10.51749/jphi.v1i1.5
<![CDATA[This research is motivated by the failure to implement or never impose capital punishment for perpetrators of corruption in Indonesia. Not imposing maximum criminal sanctions for perpetrators of criminal acts of corruption makes it one of the factors in the difficulty of eradicating corruption in the country of Indonesia. The formulations of the issues are, First, how the legal arrangements regarding the criminal act of corruption based on the CorruptionLaw, Second, what are the provisionsof the death penalty for perpetrators of corruption based on the CorruptionLaw. This research uses normative legal methods. From the results it can be argued that: First, the legal arrangements regarding the eradication of the death penalty as a special criminal law have undergone many changes, with the aim of being more effective and providing maximum results in dealing with the eradication of corruption. Second, the provisions regarding the imposition of capital punishment for perpetrators of corruption in Indonesia are only regulated in one article, namely Article 2 paragraph (2) the elements and explanations of Article 2 paragraph (2) are very difficult to fulfill because there are no minimum and maximum limits for funds. for handling natural disasters that are corrupted by the perpetrators of criminal acts of corruption so that capital punishment can be imposed.]]>
<![CDATA[Perlindungan Hukum Bagi Guru Yang Memberikan Sanksi Fisik Dalam Batas Wajar Terhadap Peserta Didik ]]>
<![CDATA[Ahmad Gazali]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 2 No. 1 (2021): Edisi Februari 2021 ]]>
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DOI: 10.51749/jphi.v2i1.6
<![CDATA[The purpose of this legal research is to find out how the legal arrangements for legal protection for teachers in providing physical sanctions within reasonable limits to students and to determine the impact of criminal cases that ensnare the teaching profession when carrying out their professional duties towards teachers in carrying out their professional duties. This research is a socio-legal research, by collecting primary and secondary data related to legal protection for teachers in providing physical sanctions within reasonable limits, then identified, analyzed and processed descriptively qualitatively.According to the results of this legal research show that: First, the legal protection for teachers in providing physical sanctions within reasonable limits to students in its arrangements has been very well proven bymany laws and regulations and other legal rules that have been ratified, it's just that the application is felt still very lacking considering there are still many legal cases teachers whack teachers. Second, criminal cases that ensnare the teaching profession in carrying out their professional duties cause various impacts on teachers in carrying out their professional duties, including: fear and worry about being polished when giving disciplinary action to students, indifference towards wrongdoing or violation of norms committed students, as well as the criminalization and discrimination carried out by students and parents of students which reduces the professionalism of the teacher so that the teacher's performance is not optimal in the role of educating the administrators of the nation so that it is not achieved from national education goals.]]>
<![CDATA[Sinkronisasi Hukum Utang Pajak Sebagai Kreditor Preferen Dalam Proses Kepailitan ]]>
<![CDATA[Litari Elisa Putri Litari]]>;
<![CDATA[St. Laksanto Utomo]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 2 No. 1 (2021): Edisi Februari 2021 ]]>
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DOI: 10.51749/jphi.v2i1.8
<![CDATA[Tax Law regulates the position of Taxes that have special rights over debts and items of taxpayers but in the bankruptcy process it has not been able to provide legal certainty regarding the validity of taxes as preferred creditors in the bankruptcy process and the pre-emptive rights to ta x debts regulated in the bankruptcy process, causing inconsistencies. Several court decisions that do not place Taxes as Preferred Creditors. The formulation of the problem in this study is how the state's pre - emptive rights to tax as a Preferred Creditor to debtor's debt which is declared bankrupt and the synchronization of tax law arrangements as a special creditor in the provisions regulated in the Bankruptcy law. This research uses normative legal research methods. The results of this research neko77 are, firs t, that the State has pre - emptive rights over debts and goods of tax bearers that are declared bankrupt in the form of interest, fines, increases, and tax collection costs. However, in practice labor creditors and separatist creditors also have pre - emptive rights over the debts of bankrupt debtors. Second, it shows the inconsistencies related to the tax law and bankruptcy law on tax debt as a preferred creditor who has the privilege to take precedence over other creditors over the debts of bankrupt debtors.]]>
<![CDATA[Itikad Baik Dalam Pendaftaran Merek: Studi Perlindungan Hukum Pemilik Merek Terkenal Di Indonesia ]]>
<![CDATA[Medisita Nurfauziah Istiqmalia]]>;
<![CDATA[Iwan Erar Joesoef]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 2 No. 3 (2021): Edisi Oktober 2021 ]]>
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DOI: 10.51749/jphi.v2i3.10
<![CDATA[One of the disputed cases of the ALSTYLE Mark filed by Gildan Active-wear which proved its brand fame filed a legal action against the same trademark owner as the Darmanto trademark owner. The Commercial Court and Supreme Court of the Republic of Indonesia have given different considerations to the protection of marks in the settlement of Mark disputes. The formulation of this problem is how well-known trademarks are protected in Indonesia in the event that similar marks have been registered and how the judges of the Commercial Court consider legal protection for well-known marks. This research method uses normative juridical legal research methods with analysis techniques using qualitative data. The result of this research is the legal protection of the right holder of a well-known trademark in the event that there is a trademark that has been registered at the Directorate of IPR, then based on the legalprovisions of the Directorate of IPR trademarks can cancel a brand that has the same in essence and in its entirety to a well-known mark for similar goods. The criteria for a well-known brand can be seen from the general knowledge of the public and the reputation of the brand which is obtained due to intense promotion and investment. Second, the legal consideration of the Panel of Judges states that even though trademark registration follows a first to file system it does not mean neglecting the good faithof a well-known brand and overriding the status of a well-known trademark belonging to Gildan Activewear SRL.]]>
<![CDATA[Implikasi Isbath Nikah Terhadap Status Istri, Anak Dan Harta Dalam Perkawinan Dibawah Tangan ]]>
<![CDATA[Muhammad Andri]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 1 No. 1 (2020): Edisi Oktober 2020 ]]>
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DOI: 10.51749/jphi.v1i1.11
<![CDATA[Law Number 1 of 1974 article 2 paragraph (2) clearly mandates the registration of marriages, but the fact is that in the community there are still marriages that are not recorded, this is evidenced by the existence of marriage ceremoniesin Indonesia such as in the high court of the East Java religion, which has granted the case. petition (voluntary) for 679 cases that were granted according to the performance report of the High Religious Court in 2019. The problem raised is how the implications of marriage isbath on the status of wife, children and marital assets in an underhand marriage. The research method in writing this article is a normative legal research method, which is research that is focused on examining the application of the norms or norms in positive law. Normative legal research methods are usually qualitative (not in the form of numbers).In his findings that the implication of marriage isbath on the status of wife, children and marital assets in an underhand marriage, that the existence of a marriage certificate in accordance with Supreme Court Regulation No.1 of 2015 has legal consequences if an application is made for legalization of marriage which implies legal guarantees of husband and wife marital relations , children and birth certificates, assets in marriage can obtain legal guarantees. ]]>
<![CDATA[Polemik Kebijakan Impor Limbah Non Bahan Berbahaya Dan Beracun Di Indonesia ]]>
<![CDATA[MARTIN EKO PRIYANTO]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 2 No. 2 (2021): Edisi Juni 2021 ]]>
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DOI: 10.51749/jphi.v2i2.13
<![CDATA[Indonesia is infamous as the largest waste producer with insufficient management. Based on the Data from the Central Statistics Agency shows that at least plastic waste in Indonesia reaches 64 million tons. Further the import of non-hazardous waste has become a polemic due to the fact that there has been smuggling of waste contaminated with B3 waste in the practice of importing waste in Indonesia which results in many environmental and social problems. Therefore, existing legal rules must be fully enforced to ensure environmental sustainability while fulfilling the needs of the national industry. With a conceptual approach, this study examines legal instruments and the accountability of parties involved in importing non-hazardous waste in Indonesia.]]>
<![CDATA[Metodologi Normatif Dan Empiris Dalam Perspektif Ilmu Hukum ]]>
<![CDATA[Yati Nurhayati]]>;
<![CDATA[Ifrani Ifrani]]>;
<![CDATA[M. Yasir Said]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 2 No. 1 (2021): Edisi Februari 2021 ]]>
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DOI: 10.51749/jphi.v2i1.14
<![CDATA[The purpose of this study is to determine the characteristics of normative and empirical legal research methods and when to use them in legal research. The method used in this research is the normative research, this methodwas chosen because the object of research is the principles of law, the rule of law, the theory and doctrine of legal experts. The results of this study is that normative research (doctrinal) is conceptualized and developed on doctrinal basis. This methodis interpreted as legal research at the level of norms, rules, principles, theory, philosophy, in order to find solutions to legal issues such as legal vacuum, conflict of norm, or vague norm. Meanwhile, empirical method is research with non-doctrinal characteristics carried out through field research. In this type of research, the data were collected which then processed according to the analytical techniques used which were outlined in a descriptive form in order to describe the actual condition of the reality of law as a social phenomena.]]>
<![CDATA[Hakim Bukan Corong Undang-Undang, Hakim Bukan Corong Masyarakat, Dan Hakim Adalah Corong Keadilan ]]>
<![CDATA[Ruby Falahadi]]>;
<![CDATA[Victor Eric Fransiscus Gultom]]>;
<![CDATA[Lucia Roida]]>;
<![CDATA[Hendra Setiawan]]>
<![CDATA[ Jurnal Penegakan Hukum Indonesia Vol. 1 No. 1 (2020): Edisi Oktober 2020 ]]>
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DOI: 10.51749/jphi.v1i1.15
<![CDATA[Many judge has been handling the cases in court whose have not understanded the phenomenon. The judges have not consideration for methapisycal facts behind the rationality. The problems have been being the habit of our judicial process which presented the fact as evidence. So, basically from what they'd seen, heard and taken. The judges have to make decisions in case from signification behind the facts. It caused the facts in court have just raw materials. So in this case, what is the truely wish? That's the judge must be understand it. We have to admit it that so many problems finished in this country have not on the basis as the significance, resulting in it only on the area's surface. This research has used library research which emphasizes the source of information from legal books, journals, papers, newspapers, and literatures related to and relevant to the object of study. The data obtained from clarification and criticism carefully according with the reference. Using deductive analysis method, the data analysis in that weighs on rules or norms that are general and then drawn special conclusions. The practice is common in almost of indonesia judiciary. So that the expected justice is only formal and the resulting justice is based only on the facts and the formulation of the article. Therefore the judge is not a mouthpiece of the legislation or just a law enforcement as playing a puzzle unloading pairs of children's toys. The cases that befell the little people are proof that our judges are more of a punisher than a complainant. Our judges in carrying out the rule of law are very mechanistic-procedural, far from the sensitivity of justice. From these cases to be concrete evidence that Indonesian judges in examining cases or the case is always based on formal evidence, whereas formal evidence is very likely fabricated. The evidence is a case of pepper theft in Sinjai, evidence that was originally half an ounce to half a kilogram. The cases that be fell the little people are proof that our judges are more of a punisher than a complainant. ]]>
