Jurnal Penelitian Hukum De Jure
The De Jure Legal Research Journal, known as Jurnal Penelitian Hukum De Jure, is a legal publication issued three times a year in March, July, and November. It is published by the Law Policy Strategy Agency of the Ministry of Law of the Republic of Indonesia, in collaboration with the Indonesian Legal Researcher Association (IPHI). This association was legalized under the Decree of the Minister of Law and Human Rights Number AHU-13.AHA.01.07 in 2013, dated January 28, 2013. The journal serves as a platform for communication and a means of publishing diverse and relevant legal issues, primarily for Indonesian legal researchers and the broader legal community. In 2024, the management of the De Jure Legal Research Journal will include various stakeholders, as outlined in the Decree of the Head of the Law and Human Rights Policy Agency Number PPH-18.LT.04.03 for 2024, dated February 20, 2024, which establishes a publishing team for the journal. Based on the Decree of the Director General of Higher Education, Research and Technology, Ministry of Higher Education, Science and Technology of the Republic of Indonesia Number 177/E/KPT/2024 concerning the Accreditation Ranking of Scientific Journals Period II of 2024, dated October 15, 2024, the De Jure Legal Research Journal has received a Scientific Journal Accreditation Ranking of Rank 2 (Sinta-2 or S2). This re-accreditation at Rank 2 applies from Volume 23 Number 1 (2023) through Volume 27 Number 4 (2027), covering publications issued during this period.
Articles
345 Documents
<![CDATA[Contemporary Fiqh Study: South Korea as a Country of Appearance-Oriented Views (외모 ì§€ìƒ ì£¼ì˜) on Trend of Cosmetic Plastic Surgery ]]>
<![CDATA[Muhamad Parhan]]>;
<![CDATA[Mohammad Rindu Fajar Islamy]]>;
<![CDATA[Ilham Kurnia Gustavakuan]]>;
<![CDATA[Rizka Ade Purnama]]>;
<![CDATA[Shakylla Putri Ragiel Utami]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 2 (2021): Edsi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.201-212
<![CDATA[This research attempted to find out the view of Islamic law in modern fiqh studies on plastic surgery and Appearance oriented views (Lookism) in South Korea. The use of juridical empirical method, or also known as sociological research, aimed to provide an overview of the implementation of plastic surgery in society based on applicable law by analyzing problems in society through secondary data.According to the data from the International Society of Aesthetic Plastic Surgery (ISAPS) in 2019, South Korea was in fifth position as a country that is estimated to carry out the most plastic surgery procedures in the world, 2,571 times (5.1%). This shows that this country has an Appearance-oriented view (Lookism) which is part of the Lookism culture. According to Bio Med Central 2017 data, there was a high ratio of recurrent discrimination rates (OR: 3.70; 95% CI: 2.19-6.27) and "˜incident' (OR: 3.10; 95% CI: 2.99-4.83) from 2005 to 2013 against individuals in the age group of 15-24 years.]]>
<![CDATA[The Relevance of the Application of the Presidential Threshold and the Implementation of Simultaneous Elections in Indonesia ]]>
<![CDATA[Rizki Bagus Prasetio]]>;
<![CDATA[Febri Sianipar]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 2 (2021): Edsi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.267-284
<![CDATA[This research is intended to discuss the relevance of the application of presidential threshold and the implementation of simultaneous general elections in Indonesia. The concept of simultaneous general elections is the implementation of legislative and executive elections which are carried out simultaneously. The implementation of the first simultaneous general elections in Indonesia was motivated by a request for a judicial review of Law Number 42 Year 2008 concerning the Election of the President and Vice President. The Constitutional Court issued the Constitutional Court Decision Number 14/PUU-IX/2013 with the decision granting part of the request which later gave birth to the implementation of simultaneous elections in Indonesia starting in 2019. However, from the various articles that were reviewed, there was one article that was not decided by the Constitutional Court, namely regarding the presidential threshold. The Constitutional Court is of the opinion that the regulation regarding the presidential threshold is an open legal policy for the legislature. This paper is a normative legal research, with conceptual approach and statute approach to find answers to existing problems. The research source used is secondary data consisting of primary legal materials and secondary legal materials as explanation for primary legal materials. From the results of this research, it was found that the simultaneous elections and the presidential threshold were not compatible. On the one hand, the presidential threshold aims to simplify the number of parties.]]>
<![CDATA[Enforcement of Law of Copyright Infringement and Forgery with the Rise of the Digital Music Industry ]]>
<![CDATA[Nevey Varida Ariani]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 2 (2021): Edsi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.223-236
<![CDATA[The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era. ]]>
<![CDATA[Researching References on Interpretation of Personal Data in the Indonesian Constitution ]]>
<![CDATA[Faiz Rahman]]>;
<![CDATA[Dian Agung Wicaksono]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 2 (2021): Edsi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.187-200
<![CDATA[The discourse on personal data protection has been developed for a long time, even before the advent of internet technology. In the Indonesian context, issues relating to the personal data protection have begun to develop in recent years, responding to the increasingly rapid development of digital technology. Currently the Personal Data Protection Bill is again included in the 2021 Priority National Legislation Program in response to the importance of regulations relating to personal data protection in Indonesia. The fundamental thing that often escapes the discourse on the personal data protection in Indonesia is related to how personal data is positioned in a constitutional perspective based on the 1945 Constitution of the Republic of Indonesia if personal data is considered as something that must be protected. This research specifically answered the questions: (a) how is the conceptual interpretation of personal data? (b) how is personal data positioned in the perspective of the Indonesian constitution? This research is a normative juridical research, conducted by analyzing secondary data obtained through literature review. The results of this research indicated that the conceptual interpretation of personal data is still a growing discourse. As for personal data in the perspective of the Indonesian constitution, it can be seen by looking at the legal-historical aspect in the discussion of the amendments to the 1945 Constitution, especially in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia which is hypothesized as a reference for personal data protection. ]]>
<![CDATA[Effort to Fulfill Female Convicts' Rights to Health and Clothing at Sigli Class Iib Correctional Facility for Women ]]>
<![CDATA[Mustafa Hasan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 2 (2021): Edsi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.237-242
<![CDATA[Article 14 Paragraph (1) letter d of Law Number 12 Year 1995 concerning Corrections. The right to health services and the right to adequate clothing are often neglected and have not been fully implemented properly. The purpose of this research is to find out and explain the fulfilment of the rights to health and clothing of female convicts at the Sigli Class IIB Correctional Facility for Women. This research method is an empirical juridical method by using a descriptive analysis approach. The results of the study showed that the fulfilment of the rights to health and clothing has not been implemented optimally pursuant to what is mandated by law, and Article 14 Paragraph (2) of Government Regulation Number 32 Year 1999 concerning Terms and Procedures for the Implementation of the Rights of Correctional Inmates. To ensure optimal health services, at least one doctor must be provided. However, in this case it is not yet available at the Sigli Class IIB Correctional Facility for Women. One of the efforts made by the correctional facility is to collaborate with the local government to check the health of correctional inmates at least 1 (one) time in 1 (one) month and it is recorded in a health card. As for clothing need, it has been given partly to female convicts, but has not been given in full due to the lack of budget given to the Sigli Correctional Facility for Women. The responsibility of the state is to finance the fulfilment of the rights that have been regulated in the law, for example in the provision of health and clothing rights in a Correctional Facility, the facility shall have at least a doctor, nurses, clinics and medicines sufficient to support health facility in the Correctional Facility or Detention Center.]]>
<![CDATA[The Legal Force of Electronic Signatures in Online Mortgage Registration ]]>
<![CDATA[Zainuddin Zainuddin]]>;
<![CDATA[Rahmat Ramadhani]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 2 (2021): Edsi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.243-252
<![CDATA[The legal force of electronic signatures in online mortgage registration activities is an important subject to study. Because basically the legal problems of electronic mortgage registration are also related to the validity of electronic signatures of persons who are not present before an LDO. Another issue that is important to study regarding the electronic signature in question is regarding the time limit of 7 (seven) days to register the Deed of Grant of Mortgage to the Land Registry Office. If it exceeds that time limit, the deed in question becomes null and void and it also causes sanctions against LDO. The research method used is normative juridical legal research that focused on two problems, namely; How is the legal force of electronic signatures in online mortgage registration? What are the legal problems of online mortgage registration? The results of the research showed that the Regulation of the Minister of Agrarian and Spatial Planning/the Head of National Land Agency Number 9 Year 2019 concerning Electronically Integrated Mortgage Services substantially has a tendency to contradict some of the regulations above it. Therefore, there is no detailed data protection relating to the securities registered in the electronic mortgage registration. Ignoring the time limit of 7(seven) days will also result in administrative sanctions up to the dismissal of the LDO who neglect their duties.]]>
<![CDATA[The Impact of Enforcement of Corruption Law by the Corruption Eradication Commission after the Ratification of the Latest KPK Law ]]>
<![CDATA[Ayu Putriyana]]>;
<![CDATA[Nur Rochaeti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 3 (2021): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.299-310
<![CDATA[2019 was a year full of turmoil for the KPK (Corruption Eradication Commission) due to the revision of the KPK Law after 17 years of the KPK Law being in effect. Despite many rejections, the latest KPK Law was still passed in September 2019 so that it became Indonesia's positive law. Therefore, the statements of the problem in this research are: what is the cause of the KPK Law revision and what is the impact of law enforcement on corruption by the KPK after the ratification of the latest KPK Law. The purpose of this research is to find out the reasons for the revision of the KPK Law and the impact of the implementation of the latest KPK Law. The method used in this research is a normative juridical method with a descriptive qualitative approach. The results of the research indicate that there are several weaknesses of the previous KPK Law which have an impact on the performance of the KPK so that it has not provided maximum results. In fact, regarding the impact of the enactment of the latest KPK Law, it has not given positive results so that it affects the stability of law enforcement for corruption. Therefore, there needs to be a good adaptation for the KPK and all related parties so that the latest KPK Law can run well.]]>
<![CDATA[The Application of Group Social Guidance in the Development of Drug Convicts in Correctional Institutions ]]>
<![CDATA[Ulang Mangun Sosiawan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 3 (2021): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.345-368
<![CDATA[Group social guidance is a method of social work that aims to help individuals to improve their social functions through certain experiences within the group so that they are able to overcome the problems they face, whether problems involving themselves, their group and society. In providing guidance for drug convicts, group social guidance tends to be more effective than individual social guidance. The forms of group social guidance carried out in correctional institutions include general education, skills education, mental spiritual development, socio-cultural and work activities. The problems that were studied are how to apply group social guidance for drug convicts, what the benefits of the guidance are and whether there are obstacles it faces. The method used is empirical normative method. The results of the study concluded that (1) Group social guidance for drug convicts is carried out in collaboration with the Wahana Bhakti Sejahtera Foundation which specifically handles drug convicts and it has been running properly, implemented through spiritual group activities, sports, arts, legal awareness and work guidance. (2) Group social guidance activities show good results, as can be seen from the positive self-changes in drug convicts. (3) The obstacles are the limited infrastructure for development, drug convicts' laziness in following guidance, the lack of application of values and the lack of active participation of the officers as social workers in conducting guidance. It is recommended to add facilities and infrastructure for medical therapy and social rehabilitation for convicts who are ex-drug users.]]>
<![CDATA[The Criminal Liability of Corporations as Crime Perpetrators ]]>
<![CDATA[Evi Djuniarti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 3 (2021): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.311-320
<![CDATA[In terms of handling corporate crimes that culminate in "sentencing" or "giving punishment", corruption is referred to as a crime that has caused damage to life. However, this is not mentioned much in criminal law studies. In addition to sentencing, corporations that committed corruption must also return corporate assets to the state. This needs to be considered according to the philosophy of nature aequum est neminem cum alterius detrimento et injuria fieri locupletiorem. This philosophy means that no one can enrich themselves at the expense and suffering of others. This philosophy changes the source of this doctrinal principle, namely crime does not pay or crime shall not pay into an expression of resistance to crime perpetrators so that they cannot enjoy the results of the crime they committed. The statement of the problem in this paper is how is the philosophy of sentencing corporations that are perpetrators of corruption? This research used secondary data through literature study in the form of laws and descriptive analysis. The imposition of a criminal fine creates implications and juridical problems for corporations that committed corruption. The recommendation of this paper is to build an ideal model of sentencing corporation based on justice.]]>
<![CDATA[Export Restrictions of Indonesian Nickel Ore Based on the Perspective of Quantitative Restriction Principles in General Agreement on Tariffs and Trade ]]>
<![CDATA[Doan Mauli Tua Siahaan]]>;
<![CDATA[Ibrahim Sagio]]>;
<![CDATA[Evi Purwanti]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 3 (2021): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.409-418
<![CDATA[This study aims to determine whether Indonesia's nickel ore export restriction policy is in accordance with the principles of international economic law. It is because Indonesia's actions in implementing quantitative restrictions on the export of nickel ore are deemed to have violated one of the principles in the General Agreement on Tariffs and Trade, namely the principle of prohibiting quantitative restrictions. This principle is contained in Article XI: 1 GATT. Data was collected through library research techniques. Namely by collecting and analyzing writings and literatures that are closely related to the problems that are being researched by the author, and analyzing data with descriptive analytical techniques, so that Indonesia can analyze their export restriction policies with juridical provisions in international trade law. The results shows that Indonesia's action is in accordance with Article XI: 2 (a), which regulates the exception to Article XI: 1, with certain conditions which is a dispensation from the principle of quantitative restriction. Indonesia's nickel ore export restrictions were also implemented to protect the environment in order to prevent scarcity and to encourage the battery industry in Indonesia to improve the economy. So that Indonesian policy is valid and can be justified by international law.]]>
