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Pengelola Jurnal Penelitian Hukum De Jure Badan Strategi Kebijakan Hukum
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INDONESIA
Jurnal Penelitian Hukum De Jure
Published by Badan Strategi Kebijakan Hukum, Kementerian Hukum Republik Indonesia
ISSN : 14105632     EISSN : 25798561     DOI : 10.30641
Core Subject :
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.
Arjuna Subject : -
Articles 345 Documents
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Penggunaan Surat Edaran sebagai Tindak Lanjut atas Putusan Mahkamah Konstitusi Irwansyah Irwansyah
Jurnal Penelitian Hukum De Jure Vol 23 No 1 (2023): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.47-58

Abstract

The Constitutional Court's decision is final and binding. It becomes effective as soon as it is pronounced in open. In practice, however, the Constitutional Court's decision is followed by a variety of legal products, including laws, government regulations, and presidential regulations, and some even use circular letters. The method used in this paper is normative legal research. The purpose of this study is to analyze the circular letter as a follow-up to the Constitutional Court's decision. The use of generalized letters in response to a Constitutional Court decision is deemed inappropriate. Because the dissemination is not a legal regulation, it is not necessary to follow the Constitutional Court's decision when considering the law. In an ideal world, the Constitutional Court's decision is followed by legislation.
Perluasan Konsep Defensive dan Positive Protection serta Langkah-Langkah Perlindungan Indikasi Geografis sebagai bagian dari Kekayaan Intelektual Komunal Taufik H. Simatupang
Jurnal Penelitian Hukum De Jure Vol 23 No 1 (2023): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.101-114

Abstract

The concept of defensive and positive law on Communal Intellectual Property in its development is not sufficient to provide protection for developing countries, including Indonesia, which contain a wealth of living and non-living natural resources. The wealth of these natural resources is often claimed by a foreign nation, either in the form of patents or brands that are economically profitable, without mentioning the source and origin of the discovery. One of them is the claim of a foreign brand which is indicated as geographically originating from Indonesia. This research aimed to offer an idea of the expansion of the protection concept and measures that need to be taken by the government to protect Indonesian Geographical Indications. The method applied in this research was a study of literature sourced from national and international journals through the use of internet media. The results of the study concluded that, First, the defensive and positive legal protection concept that has been known so far requires expansion by adding the protection concept economically in the manner of streamlining a clear management framework from the Regional Government. The said framework must be carried out from upstream to downstream, by ensuring that in the end, the registration of Geographical Indication must be able to prosper the community. Second, the protection of Geographical Indication must be carried out utilizing: Accelerating the collection of data on Geographical Indication nationally, Guiding and supervising the Regional Government to develop local products that have the potential for Geographical Indication, and Establishing special laws.
Pertanggungjawaban Pidana Korporasi dalam Tindakan Perpajakan: Upaya Optimalisasi Penerimaan Negara dari Sektor Pajak Yoserwan Yoserwan
Jurnal Penelitian Hukum De Jure Vol 23 No 1 (2023): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.131-142

Abstract

Tax crimes can be committed by taxpayers which include individuals as personal taxpayers and corporate taxpayers as taxable companies. The problem in the enforcement of tax criminal law is the unclear rules regarding corporate criminal liability in tax crimes. This article aims at discussing corporate criminal liability in tax crimes and its application in the investigation and prosecution process. The research uses normative legal research by collecting secondary data. They are primary legal sources and secondary legal sources. The results show that in handling tax crimes, both the investigators and prosecutors are doubtful to process the criminal liability of a corporation. The cause is the lack of clarity in the tax laws. As a result, criminal liability is just addressed to individual taxpayers as material perpetrators, even though the crime occurred within the scope of work of a corporation. Meanwhile, the corporation cannot be held criminally responsible. Thus, the shareholders, cannot also be held criminally responsible. Therefore, it is necessary to amend the current tax laws, so that a corporation can be prosecuted and punished for corporate crime. It is then expected that the compliance of corporations as the taxpayer will increase, and at the same time, tax evasion by corporations could be prevented. Finally, it is hoped that it will increase state revenue from the tax sector.
Perlindungan Hukum Terhadap Wisatawan dalam Kegiatan Pariwisata Beresiko Tinggi Menurut UU Perlindungan Konsumen Nabilah Luthfiyah Chusnida
Jurnal Penelitian Hukum De Jure Vol 23 No 1 (2023): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.1-14

Abstract

In tourism activities, business actors are required to provide protection to tourists according to the mandate of Law Number 8 of 1999 concerning Consumer Protection (UUPK). UUPK has regulated that tourists have rights, including security and comfort when traveling, especially in high-risk areas. Security and comfort are then regulated in SOPs which cover human resources, equipment, and services. This study examines how business actors provide legal protection for tourists in diving tourism as high-risk tourism. This study uses a normative legal method by dissecting principles and norms in SOP documents for the diving tourism business actors, and UUPK. The results of this study indicate that arrangements for legal protection and safety of tourists, and the rights of tourists as users or consumers of services in the tourism sector, both have been regulated in UUPK. Business actors also need to pay attention to several aspects in the diving tourism business. However, currently, there are still many business actors that prepare SOPs with exoneration clauses that are detrimental to tourists. Safety and comfort are not guaranteed, causing many victims to die and inappropriate compensation. Efforts to resolve disputes that can be carried out are litigation and non-litigation, however most business actors take non-litigation procedure using the mediation method.
Perlindungan Hukum Terhadap Anak Korban Pelecehan Seksual dalam Perspektif Keadilan Restoratif Chepi Ali Firman Zakaria; Ade Mahmud; Aji Mulyana
Jurnal Penelitian Hukum De Jure Vol 23 No 1 (2023): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.59-70

Abstract

Sexual violence against child is a global problem today. Although international instruments have been ratified, they do not guarantee the realization of the rights of child victims. One reason is that not all countries' legal systems support victims. The principles of redress for victims of child sexual violence are set out in the United Nations Convention on the Rights of the Child. The Convention recognizes the principle of non-discrimination, the best interests of the child, child survival and development, and values Child opinions. The problem you encountered is related to 1) your security system. 2). Reintegration, psychosocial support, treatment and recovery, protection and support in court proceedings. A model of restorative justice that protects the rights of victims of child sexual violence can use the victim-offender mediation model. This model provides an opportunity for communities to come together and find solutions together when offenders are willing to admit their mistakes and take responsibility according to the needs of the victim's child. The implications of this research are hoped to make a real contribution to the nation by providing better protection for children who are victims of sexual violence and reducing the trauma they experience.
Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dan Pengadilan Tuntutan Pengguna Malaysia (TTPM) dalam Penyelesaian Sengketa Konsumen Ahmad Wahidi; Mustaklima Mustaklima; Nur Jannani
Jurnal Penelitian Hukum De Jure Vol 23 No 1 (2023): Edisi Maret
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.87-100

Abstract

The violation of consumer rights is the cause of disputes. Consumer disputes are defined as disputes between the consumers and business actors in which consumers demand compensation due to damage, pollution, and/ or because of consuming products sold by business actors. The existing conditions of Malaysian consumers, consumer dispute resolution in Malaysia and its regulations, which are undergoing improvements, are rational reasons for the subject of comparison. The purpose of this study is to explore the factors behind the success of consumer dispute resolution in Malaysia, in this case the Tribunal Tuntutan Pengguna Malaysia (TTPM) from the side of its authority that can be adopted in Indonesia to reconstruct the Badan Penyelesaian Sengketa Konsumen (BPSK) so that it can be more successful in resolve consumer disputes. The results show that TTPM's authority is more specific on dispute resolution and only accepts claims with definite value limitations, while BPSK's authority has no limitations on the value of claims, the limitation on the value of compensation is only in the provision of administrative sanctions to business actors, for parties (business actors) who do not comply with the BPSK decision, the BPSK decision is the initial evidence for carrying out an investigation regarding whether there was a crime in the non-compliance. Meanwhile, non-compliance with the TTPM decision has been considered a criminal act with criminal sanctions of imprisonment and fines.
Paradigma Penerapan Asas No Work No Pay dalam Penentuan Upah Proses Syahwal - Syahwal
Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.179-192

Abstract

The principle of no work no pay is a legal principle in labor law whose content shows the relationship between wages and work in an employment relationship. That means workers will not get paid if they do not work. The legal principle is frequently applied by courts in determining wages for workers whose employment relationship have been terminated so that workers lose their rights to process wages. With a non-doctrinal study that uses court decisions, this research examines the legal considerations of the panel of judges in applying the principle of no work no pay when determining whether to give wages to workers whose employment relationship has been terminated. The study showed that the paradigm of applying the no work no pay principle is still focused on the positivist mindset, which is deeply rooted in court as well as in the process of legal reasoning by the panel of judges. So that workers who do not work are considered as a single legal fact without other legal facts that accompany it.
Analisis Yuridis Tentang "Agile Working" dari Sudut Pandang Hukum Ketenagakerjaan Positif di Indonesia Joshua Evandeo Irawan; Dwi Foni Yunita Nur Asyah
Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.193-206

Abstract

The Covid-19 pandemic has resulted in the adoption of flexible work systems called Agile Working, which combines work flexibility and technology. This research focused on Indonesian labor laws, namely UU 13/2003, Law No. 6 of 2023, and PP No. 35/2021, to establish legal certainty for Agile Working. Previous research identified a lack of legal framework for remote working, which shares similarities with Agile Working. This research aimed to address this gap by providing new insights and findings. Using the Dogmatic Normative Juridical Method, the researchers analyzed Agile Working within the framework of Indonesian labor law. The researchers engaged in a literature review, encompassing laws, regulations, court decisions, and other legal literature, to thoroughly examine the relevant legal provisions. This involved assessing compliance with labor regulations such as the Manpower Law, government regulations, and labor policies. Relevant court decisions were also considered for legal interpretation.The research concluded that Agile Working could be implemented in Indonesia with legal protection, particularly concerning Working Time and Overtime Pay. The authors recommended that workers and employers adhering to Agile Working in Industrial Relations must uphold their rights and obligations to ensure compliance with the law. To summarize, this research updated previous studies on Agile Working, offering fresh insights and contributions. Through the normative research method, the authors analyzed and interpreted labor laws, providing a deeper understanding of how Agile Working aligns with Indonesian labor law. The research confirmed the legal implementation of Agile Working in Indonesia, emphasizing the importance of respecting rights and obligations. 
Partisipasi Indonesia dalam IE-CEPA: Sebuah Kewajiban atau Kebijakan? Carissa Amanda Siswanto; Wishnu Kurniawan; Dita Birahayu
Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.255-272

Abstract

International agreements made by Indonesia with other countries have helped enrich the provisions of legislation relating to trade and investment in Indonesia. One of them is IE-CEPA, it is hoped that the utilization of market share in each country can be optimized for entry into the European Union market and used as a basis to catch up with other ASEAN countries. The issue that arises here is whether Indonesia's cooperation with the EFTA Group of Countries is an obligation or policy. This research uses a form of normative juridical research and uses a statute approach and a conceptual approach. The purpose of this study is to describe the cooperation carried out by Indonesia with the EFTA group of countries as an obligation of countries to implement economic policies. The results of this study show the cooperation carried out by Indonesia with the EFTA group of countries as part of economic policies to improve the country's development. This cooperation agreement has been officially ratified into Indonesia's national regulation through Article 1 of Law No.1/2021, which indicates the State's approval to comply with and be bound by IE-CEPA. This is in accordance with Article 26 of VCLT and Article 4 paragraph (1) of Law No.24/2000.
Reformasi Peraturan Investasi di Indonesia Marulak Pardede
Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2023.V23.231-244

Abstract

The purpose of this research is to find answers to the problem of the existence of many statutory regulations related to investment (obesity, hyper-regulation), which are believed to be not conducive to creating competitiveness and ease of doing business in Indonesia so the government makes a policy of simplifying these various regulations into one regulation, namely the Omnibus law on the Job Creation Law. The main problem of this research is: Are the policies of the Indonesian government to improve the competitive climate and legal certainty for investing in Indonesia, in accordance with statutory provisions? This problem is divided into several sub-sub-subjects: Current investment regulation problems; Obesity, Hyper regulation, and Regulatory Reform related to Investment; Controversy and legitimacy of the Omnibus Law in the National legal system, Suing the partiality and the negative impact of the Omnibus Law on Job Creation. The research method is a juridical-normative approach, with secondary data in the form of statutory regulations, literature, journals, and the internet. Data collection techniques used is a literature study. Data analysis technique is a qualitative descriptive analysis. The results of the study showed various investment statutory regulations in Indonesia cause obesity, hyper-regulation, which can reduce investment attractiveness. To overcome this issues, the government has taken legal breakthroughs with the omnibus law system on the Job Creation Law, to be able to trigger convenience while at the same time guaranteeing legal certainty, as well as improving the investment competitiveness climate in Indonesia.

Page 27 of 35 | Total Record : 345

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