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[The Decrease of Legislative Functions of The People's Representative Council of The Republic of Indonesia in The Reform Era ]]>
<![CDATA[M.Nur Rasyid]]>;
<![CDATA[Sri Maulina]]>;
<![CDATA[Manfarisyah Manfarisyah]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 2 (2022): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.219-228
<![CDATA[The indicator of the running of the legislative body's role is the production of pro-people legal products. However, in the reform era, the role of the People's Representative Council of the Republic of Indonesia has decreased as a legislative body. The decline in the role of the People's Representative Council of the Republic of Indonesia in the reform era was influenced by several factors. It is necessary to examine the factors causeby the weak role of the People's Representative Council of the Republic of Indonesia and also the implications of the Constitutional Court Decision on the Job Creation Act. This study aims to explain the causes of the decline in such a role and to explain the role of the People's Representative Council of the Republic of Indonesia in the formation of the law. This type of research is normative juridical. The results of the study indicate that there has been a weakening of the role of the People's Representative Council of the Republic of Indonesia in the reform era caused by several factors such as the weakening of the political parties' power, the large number of political parties in coalition with the government, as well as the large intervention of the economic elite in political parties and the government, which resulted in a controversy over the formation of Job Creation Act caused by the non-applicability of the principles of the formation of good legislation by legislators at the time of making the law.]]>
<![CDATA[Rules Regarding Mandatory Equity Securities Listing: Is It Possible for A Public Company Without Listing on The Indonesian Stock Exchange? ]]>
<![CDATA[Ayup Suran Ningsih]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 3 (2022): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.285-294
<![CDATA[ ABSTRACTThe Financial Services Authority has issued the latest regulation in the Capital Market sector, namely the Financial Services Authority Regulation Number 3/POJK.04/2021 concerning the Implementation of Activities in the Capital Market Sector. This paper aims to conduct a more specific analysis regarding the mandatory elements for a company that will conduct a public offering to list its equity securities on the stock exchange. The initiation of the obligation to conduct equity securities listing is carried out in order to reduce the intensity of backdoor listing or efficient efforts towards Initial Public Offering activities by acquiring a company whose shares have been listed on the Stock Exchange. This article was compiled using a normative legal research method. Based on Financial Services Authority Regulation Number 3/POJK.04/2021, the Financial Services Authority through the Depository and Settlement Institution conducts electronic securities listing which is not part of the securities collective custody. The Depository and Settlement Institution checks the conformity of the Securities records in the Depository and Settlement Institution with the records in the Securities Administration Bureau or the Public Company which conducts its own Securities administration. The mandatory to be listed for the equity securities of a public company closes legal loopholes for companies that wish to become public company using a procedure that is not in accordance with the provisions of the prevailing laws and regulations.Keywords: registered; capital market; public company; securities]]>
<![CDATA[Controversy of Presidential Decrees in a State of Emergency in Indonesia: Case Study of The Decrees of President Soekarno And President Abdurrahman Wahid ]]>
<![CDATA[Aninda Novedia Esafrin]]>;
<![CDATA[Qurrota Ayuni, S.H., MCDR]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 2 (2022): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.175-190
<![CDATA[The debate of the decrees of President Soekarno and President Abdurrahman Wahid regarding the constitutional and unconstitutional presidential decree in emergency constitutional law continues to be a controversy that does not end until now because it is still being discussed related to the situation. This paper discusses 2 (two) phenomenal decrees related to constitutional or unconstitutional in terms of emergency constitutional law. By using normative juridical research methods. The approaches used are the statutory approach, the conceptual approach, and the historical approach. This paper discusses 3 (three) main findings, among others: First, the Presidential Decree is de facto and de jure motivated by no recognition of political action or legal action; Second, the decree is formally regulated in Article 12 and Article 22 of the Constitution of the Republic of Indonesia because in the 1945 Constitution it is regulated that if the country is in a state of danger, the president can make decisions in accordance with the authority regulated by laws and regulations; and Third, The decree can be said to be unconstitutional because it is not in accordance with the Indonesian constitution. The decree is not regulated by Indonesian legislation so that formation is considered unconstitutional because it cannot be based on law. However, in the emergency constitutional law, this situation becomes normal because the emergency constitutional law does not use legislation as usual when the country is in normal condition.]]>
<![CDATA[Limitation of The President's Power to Declare a State of Emergency: a Comparison of France, India, and Indonesia ]]>
<![CDATA[Muhammad Yoppy Adhihernawan]]>;
<![CDATA[Hernadi Affandi]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 2 (2022): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.145-162
<![CDATA[The state must declare a state of emergency under certain conditions that endanger the safety of the state and society. Limiting the power to the declaration of a state of emergency is essential because this great authority cannot be used according to the President's will, so it is necessary to have restrictive mechanisms so that the President does not misuse the authority to carry out the emergency. However, the Indonesian constitution does not stipulate any restrictions on the powers of the President in declaring a state of emergency. This study aims to determine the dangers of not limiting the President's powers in declaring a state of emergency in the Indonesian constitution by using the arrangements and practices of emergency law in France and India. The approach used in this study is a comparative level that compares the contents of the constitution's text and compares the implementation and history of the constitution. The result of this study is limiting the power of the President in declaring a state of emergency is necessary based on a comparison of arrangements and experiences in France and India. Therefore, Indonesia must restrict the President's power in declaring a state of emergency to its constitution.]]>
<![CDATA[Critical Review of the Implementation of the Making of SOE as a Holding from Anti-Monopoly and Unfair Business Competition Perspective ]]>
<![CDATA[Huta Disyon]]>;
<![CDATA[Elisatris Gultom]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 2 (2022): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.191-204
<![CDATA[This study aims to analyze the potential for SOE holdings to violate Law 5/1999. This study was conducted using a normative juridical method because the study was based on library research to obtain secondary data, sourced from primary, secondary, and tertiary legal materials. The specification of the research was descriptive-analytical because the author described the holding of SOE and then analyzed it to see if it has the potential to cause a violation of Law 5/1999. Data analysis using a qualitative juridical method. The results of the study indicated that the process of establishing an SOE holding based on Government Regulation Number 72 of 2016, so far has not been proven to have violated Law 5/1999. However, even though Article 33 of the Constitution of the Republic of Indonesia and Article 51 of Law 5/1999 intend SOE to be able to carry out a monopoly, the establishment of an SOE holding should still be able to guarantee the rights of the public to continue to do business in a healthy manner. The government needs to immediately stipulate regulations regarding governance in holding companies to maintain a competitive, healthy, and non-monopolistic business climate.]]>
<![CDATA[Juridical Study on Cooperative Legal Entity Bankruptcy Submissions by Its Member ]]>
<![CDATA[Adis Nur Hayati]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 2 (2022): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.257-270
<![CDATA[The Covid-19 pandemic resulted in several cooperatives failing to pay and made many of their members file bankruptcy petitions against their cooperatives, this condition then caused opposition from several parties. Therefore, this paper aims to examine the issue of filing for bankruptcy of a cooperative legal entity by its member with questions: 1) how is the legal construction of Indonesian cooperative bankruptcy, 2) whether the permissibility of filing a bankruptcy petition against cooperatives by its member is in line with the characteristics of Indonesian cooperative legal entities. The method used is normative juridical research. The results show 1) Law no. 37 of 2004 and Law no. 25 of 1992 do not regulate restrictions on legal subjects who can file for bankruptcy against cooperatives. Therefore, the cooperative itself, members of the cooperative, and other creditors have the right to file for bankruptcy against the cooperative. 2) The filing of a petition for bankruptcy of a cooperative by its member (who is a creditor) is not in accordance with the characteristics of Indonesian cooperatives, considering that each of cooperative members is the owners of the cooperative itself and the main basis for the operation of cooperatives is the principles of kinship and democracy. Thus, it is concluded that the filing of a petition for bankruptcy of a cooperative by its member (who has a position as a creditor) is valid but is not in accordance with the characteristics of the legal entity of Indonesian cooperatives. Therefore, the government is advised to review the terms and restrictions on legal subjects who can petition for bankruptcy against cooperatives.]]>
<![CDATA[The Role of Community Counselor in Handling Child Clients in Class I Correctional Center of Medan ]]>
<![CDATA[Penny Naluria Utami]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 2 (2022): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.271-284
<![CDATA[The existence of laws against children must be considered and must be led to be more responsible for themselves, because children are different from adults. Children are teenagers, human resources, and have the potential to continue the life of the nation and state. The child client is then guided to improve himself and his behavior in the existing reality, with the aim of changing his lifestyle, and assisted in behavioral restructuring, especially for clients with severe personality problems that take a long time to resolve. In other words, probation officers can educate a child client about the rejections they will face when receiving changes or feedback from others, while encouraging them to motivate themselves, accept their situation, and change what the child client is going through. Another important thing that must be done in dealing with child client is to involve the family of the child to participate in the process of handling the child who violates the law.]]>
<![CDATA[Dispensation of Marriage in The Perspective of Children's Rights: Best Interest of The Children ]]>
<![CDATA[Nabilah Luthfiyah Chusnida]]>;
<![CDATA[Teddy Prima Anggriawan]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 3 (2022): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.295-310
<![CDATA[Underage marriage with marriage dispensation is very influential on the lives of children and adolescents. The Convention on the Rights of the Child has determined that the best interest of the child is the primary interest in any action concerning the child. This study uses a normative juridical method based on a statutory approach. The purpose of this research is to find out the judge's considerations and what factors cause the rise of early marriage. This study concludes that the number of marriage dispensations in Indonesia continues to increase from 2016-2018, and is stagnant in 2019-2020. This figure increases because awareness of the meaning of marriage is reduced and many people in Indonesia think that adat must still be maintained. The high dispensation of marriage is caused by economic factors, pregnancy out of wedlock, and cultural factors. Thus, the judge assessed that the granting of a marriage dispensation had the best impact on the child in accordance with the theory of the best interests of the child. The implementation of the regulations that have been implemented still requires derivative regulations that regulate the basics of granting marriage dispensations in court. In order for the application for a marriage dispensation to be granted wisely, it is recommended to refer to Law Number 16 of 2019 concerning Marriage and PERMA Number 5 of 2019 concerning Guidelines for the Termination of Marriage Dispensation. So that judges avoid subjective considerations in adjudicating marital dispensation cases.]]>
<![CDATA[The Urgency of Reharmonization in Construction of The Stage Formation of Law ]]>
<![CDATA[M Jeffri Arlinandes Chandra]]>;
<![CDATA[Febrian Febrian]]>;
<![CDATA[Bayu Dwi Anggono]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 3 (2022): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.311-324
<![CDATA[Indonesia is a state of law that relies on a rule of law formed as a basic rule in the state and society. The law as the primary basis must be made following the principles of the Formation of good law so that it is expected that later it can be applied and has binding legal force for all levels of society. However, the current situation is far from the expectation of the formation of good law. For example, the Formation of a job creation law which is considered not to involve the community actively, many articles are contrary to legal principles, disharmonized and unsynchronized between law. The formation of law seems in a hurry so there are many errors in writing (typo) and many other things. Therefore, it is necessary to reconstruct the stages in making good law. This paper uses normative research with a statutory approach, a comparative approach, and finally concludes with a conceptual approach where concepts that are considered suitable can be applied in Indonesia. This article provides two conclusions. First, the practice of harmonization, synchronization and consolidation of conceptions that have been well implemented but only exist at the planning and drafting stages of the Bill. While after the discussion/mutual agreement (plenary), no further harmonization and synchronization are carried out. Second, the post-discussion (plenary) re-harmonization stage can provide space for the implementation of educational facilities, consultations and publications of pre-validation and enactment of law that will be ratified in the form of meaningful public participation]]>
<![CDATA[Effectiveness of Social Work Sanction as a Substitute for Imprisonment in The Perspective of Sentencing Purposes ]]>
<![CDATA[Emaliawati Emaliawati]]>;
<![CDATA[Bonarsius Saragih]]>;
<![CDATA[Aji Mulyana]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 22 No 3 (2022): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2022.V22.325-336
<![CDATA[ABSTRACTImprisonment is a criminal sanction that eliminates the freedom of perpetrators with the aim of providing a deterrent effect so as not to commit criminal acts and improve behavior in order to become better human beings. In this study, problems were formulated regarding the effectiveness of social work sanctions as a substitute for imprisonment from the perspective of sentencing purposes. This study uses a normative juridical approach, with descriptive-analytical research specifications. The data used are primary data obtained through an analytical study of applicable laws, followed by concepts that have been carried out, and secondary data obtained through literature studies (references from various countries that have imposed social work sanctions), which are then analyzed utilizing a comparison between primary and secondary data qualitatively. From the study results the issue regarding the effectiveness of social work sanction as a substitute for imprisonment focuses on changing the behavior of the convict in reducing the level of crime in society and the effectiveness of social work punishment for criminals associated with the purpose of sentencing, it is used as an alternative for sentencing that is in line with the purpose of sentencing itself.]]>
