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[Legal Urgency on Designing The Legislation for The Use of Artificial Intelligence in Indonesian Medical Practice ]]>
<![CDATA[Hary Abdul Hakim]]>;
<![CDATA[Chrisna Bagus Edhita Praja]]>;
<![CDATA[Hardianto Djanggih]]>
<![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.V21.541-550
<![CDATA[Artificial intelligence (AI) offers the potential for a great improvement in patient care, both in diagnose and disease treatment, and a consequential reduction in healthcare costs, a part of opportunities and challenge are ahead. The use of AI in medicine was significantly developed in some countries. Indonesia as a modern country also has a great change in promoting the use of AI. The study aims to propose on designing the legislation for the use of AI in Indonesian medical practices. The method used in this research is normative juridical approaches with descriptive analysis. The data used are primary legal material namely the Indonesian Penal Code and Law No. 36 of 2009 on Health Law. Meanwhile, the secondary legal material used are books, journals, and other legal documents. The results show that designing the new legislation as the guidance and basis for the use of AI shall give a good impact on the development of health services as practices among other countries. Moreover, Health Act 2009 clearly supported the use of advance technology's product in medicine. Yet, the application of AI facilitates interpretation follows with high accuracy and speed for medical diagnoses.]]>
<![CDATA[The Power of Pacta Sunt Servanda Principle in Arbitration Agreement ]]>
<![CDATA[Mosgan Situmorang]]>
<![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.V21.447-458
<![CDATA[Pacta sunt servanda is a legal principle that applies universally. With this principle, everyone is expected to carry out an agreement made with other parties voluntarily. To enforce the principle by the court in case of dispute in the implementation of the agreement, it requires conditions that must be met. In the context of an arbitration agreement, it must also meet specific rules stipulated in the Arbitration Law. In practice, there is still disobedience to this principle where the parties who have been bound by an arbitration agreement are still taking the litigation in solving their case. In this research, the problems examined are how the principle of pacta sunt servanda is regulated in the arbitration law and how strong this principle is applied. The method used in this research is normative juridical. Based on the research, it is concluded that the implementation of the pacta sunt servanda principle is regulated in several articles of the Arbitration Law. The pacta sunt servanda principle is not valid absolutely because it is deviated by other laws or legal principles. It is recommended that parties in an agreement shall understand the choice of dispute settlement well including the consequences of such choice.]]>
<![CDATA[Transplantation, Legal Adoption, Harmonization of OMNIBUS LAW and Investment Law ]]>
<![CDATA[Syprianus Aristeus]]>
<![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.V21.507-516
<![CDATA[The best way in an effort to manage investment is by transplanting, adopting laws, harmonization by making breakthroughs to existing regulations, such as in the case of implementing the Job Creation Law. The Omnibus Law offered by the government as a "practical and pragmatic" solution is a political and legal policy to cut various regulatory barriers, to simplify bureaucracy, to accelerate services, to increase efficiency, to increase competitiveness, and to prevent opportunities for corrupt behavior. The government must evaluate this law (Job Creation) where there is still overlap without regard to regulations. The statement of the problem in this scientific paper is why there is a conflict of interest and regulations that are not in accordance with the laws and regulations? As normative juridical research, this research is based on an analysis of legal norms. The Omnibus Law is a political product. In the process of its discussion, the law resulted from a political process. The government must evaluate this law (Job Creation) where in the process of making it there is still overlap without regard to regulations.]]>
<![CDATA[Food Service for Convicts in Correctional Institutions According to Laws and Regulations and Islamic Sharia ]]>
<![CDATA[Ahyar Ahyar]]>
<![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.V21.435-446
<![CDATA[The rights of convicts as Indonesian citizens who lost their independence due to criminal acts must be carried out in accordance with human rights. One of them is the right to obtain adequate food and beverage services that meet nutritional and health standards in accordance with the provisions of laws and regulations. In addition, Islamic sharia (law) also regulates the rights of convicts to get good and halal food and drink. This requirement is an order from the Al-Quran and Hadith. The problem of this research is how to organize food according to the provisions of laws and regulations and the provisions of Islamic law. This research used sociological research method. According to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials. The secondary legal materials in this research consist of books, scientific journals, papers and scientific articles that can provide explanations of the primary legal materials. The results of the research found that in practice it was still found in Correctional Institutions that the rights of convicts had not been given in accordance with their rights as citizens. This is caused by several factors, including the lack of understanding of the regulations regarding the rights of convicts contained in the Law and sharia law by correctional Institution officers or even by the convicts themselves. Correctional officers need to be given dissemination regarding their obligation to provide food for convicts in accordance with laws and regulations.]]>
<![CDATA[Legal Protection for Minors as Victims of Sexual Harassment in Indonesia ]]>
<![CDATA[Fuzi Narin Drani]]>
<![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.V21.525-540
<![CDATA[The news in the mass media regarding sexual harassment against children are increasing day by day so that it is troubling not only families, but also the community. Children are soulmates, family assets, images and reflections of the future that we must take care of well. The implementation of legal protection for child sexual harassment victims in Indonesia has not been fully maximized. This research aims to find out the forms of legal protection for child victims of crime in accordance with the provisions of the laws in force in Indonesia.]]>
<![CDATA[Hospital Criminal Liability for Patient's Damages due to Health Service Errors during the Covid-19 Pandemic ]]>
<![CDATA[Diana Yusyanti]]>
<![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.V21.489-506
<![CDATA[During the Covid-19 pandemic, many mass media reported various cases of health service errors at hospitals that resulted in material losses, there were even cases of patients dying. The criminal aspect is explicitly stated in the provisions of Article 190 of Law No. 36 Year 2009 and Article 62 and Article 63 of Law No. 44 Year 2009 and Article 46 of Law Number 44 Year 2009 concerning Hospitals where it is stated that hospitals are legally responsible for all losses due to negligence or health service errors. This research used descriptive normative research through a statutory approach, carried out by reviewing all laws related to legal issues that are being handled. In addition, criminal sanctions in Law Number 36 Year 2009 are formulated cumulatively, such as in the case of criminal acts as referred to in Article 190 paragraph (1), Article 191, Article 192, Article 196, Article 197,Article 198, Article 199, and Article 200, accumulated so that the general provisions inArticle 30 of the Criminal Code are ineffective, that the maximum sanction if not paid the perpetrators are only subject to a substitute imprisonment of 6 months or 8 months.]]>
<![CDATA[Ratio Decidendi, Agreement, Againts The Decision of MA No. 601K/PDT/2015 in The Case of Agreements that do not use Indonesian ]]>
<![CDATA[Jeremy Emmanuel Purba]]>
<![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.V21.517-524
<![CDATA[The Supreme Court's decision in the case of an agreement between investors who enter into an agreement using English is contrary to the agreement of the parties. Changes to the agreement may be detrimental to investors in Indonesia, who must amend the agreement previously made in English. The research method based on the data needed in this research is secondary data obtained through literature study in the form of laws and descriptive analysis, namely analyzing the laws and regulations. The loan agreement between PT. BKP and Nine AM, Ltd. should not be null and void. The judge's interpretation of a lawful cause is wrong because a lawful cause refers the contents of the loan agreement. The government should be firm in determining a sanction if there is a violation of the law. This is intended so that judges are not wrong in applying regulations so that they do not produce decisions that can harmcertain parties.]]>
<![CDATA[Discontinuation of Corruption Investigation and Prosecution: A Comparison of Indonesia, The Netherlands, and Hong Kong ]]>
<![CDATA[Ahwan Ahwan]]>;
<![CDATA[Topo Santoso]]>
<![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.V22.1-16
<![CDATA[The discontinuation of the investigation and prosecution of corruption crimes is one of the important substances of the amendment to Law No. 19 of 2019 concerning the Corruption Eradication Commission which then led to debates both among academicians and legal practitioners. The discourse focused on the essence and concerns of transactional practices in the process of law enforcement for corruption crimes in the future. By using the legal comparative method, this paper tries to compare the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in Indonesia, Hong Kong, and the Netherlands. The results of the study show that the provisions regarding the discontinuation of the investigation and prosecution of corruption crimes in the three countries have differences in their arrangements. Normatively, Indonesia and the Netherlands regulate this matter in several articles, while for Hong Kong, although they do not regulate it in an expressis verbis manner in the law, the provisions concerning the discontinuation of investigations and prosecutions of corruption crimes are known in their law enforcement practices as seen in the case handling scheme published by the Independent Commission Against Corruption (ICAC). However, the use of the mechanism for terminating the investigation and prosecution of corruption crimes can be seen as a balancing mechanism against the legal process. Regulations regarding the discontinuation of investigations in corruption crimes must be maintained as a control mechanism against the possibility of errors in law enforcement procedures or for other technical reasons.]]>
<![CDATA[Chemical Castration Execution Model Through The Administration of Police Medical Operation ]]>
<![CDATA[Kodrat Alam]]>
<![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.V22.63-80
<![CDATA[Prosecutors as executors of court decisions are required to be able to be anticipatory in the process of law enforcement against sexual violence crimes following medical doctors' refusal to be involved in the execution of chemical castration. This study aims to find a model of chemical castration execution that can be applied through the administration of police medical operation (Dokpol) which combines the roles and positions of medical doctors and law enforcers simultaneously to support the implementation of police duties. The statements of the problem are set to find answers to the questions: Should the execution of chemical castration imposed by the court always be carried out? And can chemical castration be carried out through the implementation of police duties? The research method used is a normative juridical method. The availability of resources of police medical operation who have competence in the health sector is expected to be a solution for prosecutors to prepare chemical castration executors in accordance with the provisions required in Article 9 letter b of Government Regulation No. 70 of 2020, in order to achieve legal certainty regarding the implementation of the Mojokerto District Court decision whose execution is planned to take place in 2031.]]>
<![CDATA[Legal Protection of Kid Influencers from Child Exploitation ]]>
<![CDATA[Jody Imam Rafsanjani]]>
<![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.V22.93-104
<![CDATA[Advances in information technology and improvements to internet network infrastructure make it easier for everyone to work and obtain information. There has been an adaptation of marketing techniques using influencer marketing, so the influencer profession is known. Unfortunately, to get marketing targets aimed at children, kid influencer services are a form of influencer marketing. Children are considered unable to make decisions about themselves. The roles of various parties are needed so that kid influencers can avoid acts of exploitation because the use or direction of children's energy as kid influencers sacrifices children's development both emotionally and physically. This article is to find out the fulfillment of children's rights so that they can live, grow, develop, and participate optimally by human dignity and protection from violence and discrimination. This article uses a normative juridical approach, analyzed qualitatively. Based on literature study regarding legal protection, Indonesia ratified the United Nations Convention on the Rights of the Child with the Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child; Amendment to the 1945 Constitution by including Article 28B Paragraph (2); and Law Number 23 of 2002 concerning Child Protection. It is hoped that all related parties will prioritize programs that protect children from exploitation in the implementation of all Child Protection instruments.]]>
