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[Political Party Coup: Anomalies within the Democratic Party ]]>
<![CDATA[Dewi Analis Indriyani]]>;
<![CDATA[Zaihan Harmaen Anggayudha]]>
<![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.V21.331-344
<![CDATA[The Democratic Party dispute raises the view that there is dualism within the Democratic Party. The issue of the Democratic Party Leadership Takeover Movement (GPKPD) led to the dismissal of several of its cadres. The dispute escalated with the holding of the Extraordinary Congress (KLB) in Deli Serdang on March 5, 2021. One of the things which triggered the holding of the KLB by the opposition was the management of Agus Harimurti Yudhoyono (AHY). Apart from being seen as not agreeing with Article 83 paragraph (2) letter b in the 2020 Democratic Party's Articles of Association and Bylaws, the validity of the AHY management along with the preparation of the Articles of Association and Bylaws in 2020 was also questioned by several cadres. In addition, the political dynasty by the Cikeas family was also highlighted. This Democrat Party dispute becomes more interesting to study because the AHY opposition's KLB involves an external party who is a state official. This article is socio-legal study that was carried out textually and critically to laws and regulations and policies. The undemocratic management and election of the general chairman in providing opportunities for other cadres to compete in a transparent and fair manner created internal turmoil that led to the dismissal of several cadres. There are anomalies within the Democratic Party with the increasingly clear Democratic Party as a dynastic party, undemocratic KLB arrangements, to the implementation of KLB which is a structural conflict of the Democratic Party with non-structural collectives.]]>
<![CDATA[The Legal Status of Mut'ah Marriage in Indonesia ]]>
<![CDATA[Mimin mintarsih]]>;
<![CDATA[Lukman Mahdami]]>
<![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.V21.397-408
<![CDATA[Mut'ah marriages with contract marriages bring a dilemma to society. The society views that this is halal (lawful) and legal, but in essence it does not carry out rights and obligations. The problem of this paper is how do civil cases (of mut'ah marriage) get legal certainty so that the logic of "urgent" becomes a status that can protect the rights and dignity of married couples in Indonesia? The purpose of this paper is to analyze the status of mut'ah marriage law so that it does not become a political contribution in Indonesia. The research method used is normative juridical. The result of this research is that in relation to the basis for practice of mut'ah which is considered an emergency, it is clearly contrary to Islamic law because the real aim and purpose of marriage are permanent. Mut'ah actually destroys human civilization and ethics or implies bad faith. The harm will befall the offspring. Children who are born have no legal certainty because they are considered children born of adultery. This research concludes that mut'ah is contrary to the basic provisions of the Material Law of the Religious Courts on Marriage which strictly prohibits mut'ah marriages (Article 2 paragraph 2 of Law No. 1 Year 1974 concerning marriage), the criminal sanctions are regulated in the Draft Law on the Religious Courts of Marriage Article 39 because it is not recorded and Article 144 concerning sanctions against the perpetrator, and the marriage is null and void by law.]]>
<![CDATA[The Optimization of the Role of Correctional Centers in the Indonesian Criminal Justice System ]]>
<![CDATA[Muhammad Arif Agus]]>;
<![CDATA[Ari Susanto]]>
<![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.V21.369-384
<![CDATA[The purpose of this research is to examine and analyze (1) the role of Correctional Centers in the Criminal Justice System in Indonesia; and (2) the Optimization of the Role of Correctional Centers in the Criminal Justice System in Indonesia. The research method used is a normative juridical approach. The results of the research concluded; (1) Correctional Centers in the juvenile criminal justice system and in the adult criminal justice system both have a role, but the role of Correctional Centers in the adult criminal justice system has not been optimized as in the juvenile criminal justice system, and it tends to be discriminatory. (2) The optimization of the role of Correctional Centers in the Criminal Justice System in Indonesia needs to be carried out, because by optimizing the role of Correctional Centers, especially Correctional Research on adult cases, it will eliminate discrimination in treatment between children and adults and Correctional Research can be used as a reference for law enforcers. As a recommendation, it is suggested that in the Criminal Law Reform in Indonesia, both related to the renewal of the Criminal Procedure Law Code (KUHAP); the Criminal Code (KUHP); as well as the Corrections Law, the discrimination in making Correctional Research on juvenile cases and adult cases should be abolished, because it has no value of justice. The equalization of treatment related to Correctional Research will optimize the role of Correctional Research and also other law enforcers in achieving the value of justice in Indonesia.]]>
<![CDATA[The Problems of Implementation of Financial Services Authority Regulation No. 11/POJK.03/2020 in Relation to Legal Awareness and Legal Compliance of Bank Mandiri MSME Debtors ]]>
<![CDATA[Mompang Panggabean]]>;
<![CDATA[Benny Hutahayan]]>
<![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.V21.385-396
<![CDATA[The spread of Corona Virus Disease 2019 has disrupted the economy so that it has an impact on increased bank credit risk due to decreased performance and capacity of debtors in fulfilling credit or financing payment obligations. The Financial Services Authority (FSA) issued FSA Regulation No. 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy for the Impact of COVID-19 so that the pandemic does not have an impact on the domestic economy, including MSMEs. The goal is to provide credit relaxation for customers affected by Covid-19. This research aims to examine the effect of Legal Substance and Legal Awareness on the legal compliance of MSMEs as customers of Bank Mandiri. This research used a questionnaire as the research instrument. The questionnaire was used to measure the variables of Legal Substance, Legal Awareness and Legal Compliance. The data analysis used is the SEM GSCA approach using the GeSCA application. The results of the analysis showed that legal substance and legal awareness have a significant effect on legal compliance. The legal analysis of the substance of FSA Regulation Number 11/POJK.03/2020 in Indonesia for Bank Mandiri MSME debtors is the originality of this research.]]>
<![CDATA[The Prospect of the Existence of National Criminal Code in a Democratic State in Indonesia during the Covid-19 Pandemic ]]>
<![CDATA[Suharyo Suharyo]]>
<![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.V21.285-298
<![CDATA[The Dutch colonial product Criminal Code which has been translated into various versions remains valid in Indonesia, because the plenary session of the House of Representatives of RI for the 2014 - 2019 period which was attended by government elements to ratify Draft Criminal Code to become the National Criminal Code was postponed due to refusal from students and civil society movements. The Covid-19 pandemic as a health and humanitarian disaster that destroyed almost all aspects of human life, throughout the world including in Indonesia with various long-lasting negative impacts, in 2020 until now has thwarted legal development including realizing the National Criminal Code. This research was conducted in a sociological juridical manner, with the issue of whether the Draft Criminal Code would be re-discussed in several articles, and then ratified by the House of Representatives of RI. How to respond to the social action reactions of a group of people who are expected to persist, even though the Draft Criminal Code is re-discussed on a limited basis, and is expected to hold demonstrations and rallies, as well as what are the prospect of the existence of the National Criminal Code in the Covid-19 pandemic era. The government continues to receive and select input or suggestions from various community groups regarding crucial issues. What is certain is that if there is a rejection of the Draft Criminal Code to be ratified, it must be returned to the constitution in force in the Unitary State of the Republic of Indonesia, namely through a judicial review lawsuit at the Constitutional Court of the Republic of Indonesia.]]>
<![CDATA[The Rights to Review Policy Rules in the Perspective of Rule of Law ]]>
<![CDATA[Ida Hanifah]]>;
<![CDATA[Andryan Andryan]]>
<![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.V21.321-330
<![CDATA[The State of Indonesia is a country based on law, this is as confirmed in Article 1 paragraph (3) of the 1945 Constitution, the State of Indonesia is a rule of law. Policy rules only function as part of the operational implementation of government tasks. This research used normative juridical research method, namely research in which the study refers to and bases on legal norms and rules. The statutory approach was used to look at the issue of the right to review policy rules. The conceptual approach was used to look at the conception of reviewing policy rules in the concept of rule of law. Policy rules are not a type of laws and regulations, the right to review laws and regulations cannot be applied to policy rules. The review of policy rules is more directed at doelmatigheid and the touchstone is the general principles of proper governance. The Supreme Court cannot review policy rules. Arrangements are needed to realize the protection for the parties who are harmed due to a policy rule, so that it can be in accordance with the concept of rule of law.]]>
<![CDATA[Acceleration of Village Welfare through Bumdes: Disorientation of Implementation of Bumdes Regulations and Policies ]]>
<![CDATA[Rianda Dirkareshza]]>;
<![CDATA[Eka NAM Sihombing]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 4 (2021): Edisi Desember ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.419-434
<![CDATA[Village-Owned Enterprises (BUMDes) do not have legal certainty regarding their form of legal entity and it will make it difficult to meet the hope of all villagers to run businesses together in accordance with their characteristics, potential, and their respective resources. This research aims to provide input and solutions to the government to be able to accelerate the welfare of villages through BUMDes. The method used in this research is literary or library research by using normative juridical approach. In the processing of data, this journal used qualitative and quantitative approach. This research showed the result that there is disorientation in the implementation of BUMDes regulations and policies, such as: first, the incompatibility of village regulations with other laws and regulations. Second, the low community initiative in driving the village economy. Third, the vagueness of BUMDes position as a social and commercial institution. Fourth, policies that have not directed the professionalism of BUMDes. The solution in accelerating village welfare through BUMDes is to provide the flexibility of BUMDes in the form of legal entity as a bridge to be able to enlarge capital in the investment sector.]]>
<![CDATA[The Use of Necessitas Non Habet Legem and Wederspanningheid in Law Enforcement for Covid-19 Vaccination in Indonesia ]]>
<![CDATA[Moch. Marsa Taufiqurrohman]]>;
<![CDATA[Muhammad Toriq Fahri]]>;
<![CDATA[Robi Kurnia Wijaya]]>;
<![CDATA[I Gede Putu Wiranata]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 4 (2021): Edisi Desember ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.473-488
<![CDATA[The majority of scientific research in the world agrees that vaccination is a vital instrument that aims to solve the problem of the Covid-19 pandemic. In achieving this goal, the government is trying to ensure that vaccinations run as they should. Even though it is regulated in laws and regulations, the enforcement of vaccination law is not easy to implement. This article aims to examine the formulation of the legal basis that can ensure effective enforcement of vaccination law in Indonesia. By using normative legal research, this study aims to answer several problems. First, is vaccination a right or obligation for every citizen? Second, what are the legal bases that can be used to enforce the vaccination law in Indonesia? Third, what is the state's responsibility for adverse events following vaccination in return for the vaccination obligation? This article provides a view that the principle of emergency reason does not know the law (necessitas non habet legem) can be an indicator of a shift in vaccination status which was originally only a right to become obligation. In addition, the wederspanningheid article in the Criminal Code (KUHP) regarding resistance to officers carrying out state obligations can be the legal basis for enforcing vaccination law. Furthermore, the enforcement of vaccination law must also go hand in hand with the state's responsibility for adverse events following vaccination. Responsibilities can be in the form of vaccine testing, treatment, care, and court lawsuits if there is a default or unlawful act.]]>
<![CDATA[The Existence of A Norm Regarding The Execution of Fiduciary Guarantees After The Issuance of The Constitutional Court Decision Number 18/PUU/XVII/2019 ]]>
<![CDATA[Rosyidi Hamzah]]>;
<![CDATA[Fadhel Arjuna Adinda]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 1 (2022): Edisi Maret ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.81-92
<![CDATA[The issuance of the decision of the Constitutional Court Number 18/PUU-XVII/2019 on January 6, 2020, caused a change in the execution pattern of Fiduciary Guarantee objects. The issuance of this Constitutional Court decision was not accompanied by creating a new norm regarding the execution pattern of Fiduciary Guarantee objects. It brings legal uncertainty and ambiguity in executing Fiduciary Guarantee objects. Therefore, the statements of the problem in this paper are how is the pattern of execution after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019? And how is the existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019? The research method used is the normative legal research method. The pattern of execution of Fiduciary Guarantee objects after the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 experienced ambiguity and obscurity because the contents of the Constitutional Court's decision were only general norms. The existence of new norms after the Constitutional Court Decision Number 18/PUU-XVII/2019 is necessary to support legal certainty in executing objects of Fiduciary Guarantee.]]>
<![CDATA[Problems of Harmonization on The Post-Establishment of Omnibus Law on Job Creation ]]>
<![CDATA[Henry Lbn Toruan Donald]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 21 No 4 (2021): Edisi Desember ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2021.V21.459-472
<![CDATA[The government has issued Law Number 11 Year 2020 concerning Job Creation (UUCK) on November 2, 2020. Through this law, around 1,200 articles in eighty laws are simplified into one law that regulates the provisions of the replaced laws. The model of simplifying regulations by combining various laws into a law is called the Omnibus Law. The establishment of the UUCK was a form of simplification of regulations related to the job creation process. The statement of the problem of this research is how to harmonize subordinate regulations into law, which was previously an implementing regulation from a law into a law. The research method used is normative juridical which is descriptive analysis. Law No. 12 Year 2011 as amended by Law No. 15 Year 2019 concerning the Establishment of Laws and Regulations states that harmonization was still in the draft stage. Therefore, no provisions govern the harmonization of regulations in force. If there are overlapped regulations both vertically and horizontally under the law, the settlement mechanism is done through the judiciary, namely the Supreme Court. This research concludes that the settlement of the disharmony regulation is resolved through executive review or analysis and evaluation.]]>
