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[Eksistensi Pidana Kerja Sosial dalam Perspektif Hukum Progresif ]]>
<![CDATA[Jody Imam Rafsanjani]]>;
<![CDATA[Rizki Bagus Prasetio]]>;
<![CDATA[Zaihan Harmaen Anggayudha]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.219-230
<![CDATA[The most current Indonesian Criminal Code (KUHP) contains the concept of Community Service Punishment, which is considered an effort to reform the criminal law system. Community Service Punishment, as a form of punishment in this country, requires an appropriate mechanism to achieve sentencing goals, namely the rehabilitation of convicts through participation in social activities that benefit society. This study aims to analyze the existence of Community Service Punishment to strengthen law enforcers' understanding of it as one of the main recognized forms of punishment. By using a progressive legal perspective, this research recognizes that the law should consider the development of society and emphasizes the importance of legal reform, if necessary. This study uses a normative juridical approach and conducts qualitative analysis. Based on the results of research conducted through literature studies, it was found that the criminal justice process results in overcapacity in Correctional Facilities, which ultimately hinders the achievement of sentencing goals. Therefore, the importance of imposing Community Service Punishment is very relevant. However, to carry out Community Service Punishment effectively, an organized and systematic procedure is required. This will ensure that the implementation of Community Service Punishment aligns with the expectations and goals to be achieved. We suggest that the relevant parties take advantage of the ratification of the Criminal Code as an opportunity to renew criminal law in Indonesia by increasing the competence and coordination of the criminal justice subsystem in terms of Community Service Punishment.]]>
<![CDATA[Risiko Misleading Information Laporan Keuangan Penerbit UMKM pada Securities Crowdfunding: Mengimplementasikan BLU sebagai Auditor untuk menjamin Perlindungan Pemodal ]]>
<![CDATA[Zaki Priambudi]]>;
<![CDATA[Bima Rico Pambudi]]>;
<![CDATA[Natasha Intania Sabila]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.163-178
<![CDATA[Securities Crowdfunding (SCF) is expected to be a fast, cheap, and massive alternative funding system for Micro, Small, and Medium Enterprises (MSMEs). However, its implementation is far from ideal. Several studies in China, Britain, and America concluded that SCF is one of the riskiest investment instruments. This is closely related to the lack of implementation of audit obligations on the financial statements of MSMEs as Issuers. To analyze the above problems, this study applied doctrinal research methods and Reform Oriented Research. This study aimed to analyze the urgency of establishing the Public Service Agency of Securities Crowdfunding (BLU SCF) in the implementation of the SCF ecosystem in Indonesia and design the idea of regulating BLU SCF as an SCF auditor. This research found that: (1) the urgency of establishing BLU SCF includes the high default risk by the Issuers, the responsibility exemption from the Issuers and the Organizers for the truth of the financial statements, and there is a potential conflict of interest between the Issuers and the Organizers; (2) BLU SCF will be authorized to audit the reports and other financial documents published by the Issuers through the Organizers. Institutionally, BLU SCF will be under the auspices of the Ministry of Cooperatives and Small and Medium Enterprises. This idea is expected to improve the practice of SCF implementation in Indonesia, by prioritizing the protection of Investors' rights to the truth of the Issuer's financial statements.]]>
<![CDATA[Gagasan Penataan Pilkada Calon Tunggal ]]>
<![CDATA[Junaidi - Junaidi]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.143-162
<![CDATA[The existence of single candidate in the 2015-2020 simultaneous Local Election (Pilkada) period tends to dramatically increase along with the rise of the political parties coalition supporting single candidate, thus closing the opportunity for other candidates to advance through a political party. In the practice of organizing single-candidate elections, several cases have been exposed to the public, which suggests that there were problems before the single candidate was decided. This study describes the various phenomena that arise in the organization of single-candidate elections and formulates appropriate structuring strategies. This research was normative and sociological legal research. Normatively using a statute approach and case approach, while sociologically using a qualitative approach. Several phenomena were found, namely; the increasing support of political parties for single candidate is due to the pragmatic political parties that are oriented towards victory and instant profit (political dowry), resulting in a large financial burden that must be prepared by prospective candidates. This condition is exceptionally favorable for candidates with sufficient financial capabilities which then motivates political parties to smooth the victory. Appropriate structuring measures are needed, including; first, the need to reduce the nomination threshold for political parties. Second, organizing party coalitions both related to the time of formation and the maximum limit of the coalition, and third, tightening the eligibility requirements for single candidate by considering the level of voter turnout.]]>
<![CDATA[Perlindungan Hukum bagi Debitur dalam Kontrak Standar Perjanjian Bank Garansi ]]>
<![CDATA[Ajrina Febi]]>;
<![CDATA[Mohamad Fajri Mekka Putra]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.245-254
<![CDATA[The absence of a conceptual definition of a Bank Guarantee has resulted in different interpretations from one bank to another in translating the applicable regulations. Some legal experts questioned the standard contract because it is considered not to provide room for negotiation between contracting parties and tends to create an imbalance of rights and obligations between the bank and the debtor customer. The bank guarantee plays a role when the customer defaults on the bank, that is, the bank has the right to exercise, but if the customer avoids it, the second step is for the bank to issue a warning letter. The author focused on standard contracts/agreements regarding bank guarantees. In writing this paper, the issues raised are regarding the legal protection of the parties in a bank guarantee agreement. The research method used is normative law research using normative law case studies in the form of legal behavior products. The practice of fraud, deception, and forgery is one of the legal problems faced by the parties in the Bank Guarantee and Standby L/C agreements. This act of fraud has been proven to have a detrimental effect on both internal and external banking parties. The higher the intensity of fraud, the higher the level of decline in customer trust in banking institutions.]]>
<![CDATA[Penguatan Peran POLRI dalam Implementasi Hukum Pidana Internasional ]]>
<![CDATA[Prof. Dr. Iza Fadri]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 2 (2023): Edisi Juni ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.207-218
<![CDATA[Changes and developments in the national, regional, and global environment have triggered the rapid development of transnational crime, in this context, the Indonesian National Police (Polri) with the authority to act as state apparatus and law enforcer is the spearhead and front guard of the criminal justice system in eradicating transnational crime. Related to the foregoing, the applicability of International Criminal Law and its application in Indonesia is still an unresolved problem. In connection with the above, in terms of reviewing and analyzing related to the prospects of international criminal law and challenges to the Indonesian National Police, the author use normative juridical research methods using library research. The Juridical-Normative research method is a research method that places legal principles and legal rules as a touchstone to assess whether there was actually a violation or not. So, it can be concluded that there is a need to strengthen and develop international criminal law which is supported by comparative studies and activities in the framework of comparative law or comparative study of international criminal law studies at S1 STIK-PTIK. In the Elucidation of Article 7 of the Human Rights Court Law, it is stated that "the crimes of genocide and crimes against humans in this provision are in accordance with the Rome Statute of the International Criminal Court (Article 6 and Article 7)". This provision raises the consequence that the legal spirit, interpretation, elements, and application must follow and comply with the provisions contained in the ICC Statute. In the course of the following, several serious human rights violations have been examined and tried based on the Human Rights Court Law with the establishment of an Ad Hoc Human Rights Court, such as the East Timor Post-Ballot case and the Abepura case.]]>
<![CDATA[Disgorgement Fund untuk mewujudkan Corrective Justice sebagai upaya perlindungan hukum kepada investor di pasar modal ]]>
<![CDATA[Marsinta Simanjuntak]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 4 (2023): Edisi Desember ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.473-482
<![CDATA[Disgorgement Fund is the repayment of funds obtained through illegal or unethical business transactions, imposed on violators by courts. Legal protection for capital market investors in Indonesia is not yet effective and optimal. There is no easy way to claim compensation for losses in the capital market because investors consider losses as an investment risk. This article aims to analyze the implementation of disgorgement funds and disgorgement fund practices to realize corrective justice as an effort to protect the law for capital market investors in Indonesia. The method used is normative legal research, using primary and secondary legal sources. Data analysis techniques use conceptual methods and statutory approach methods. The results of the analysis show that OJK issued disgorgement fund regulations as an effort to improve investor protection and law enforcement in the capital market through POJK No. 65/POJK.04/2020 and SEOJK No. 17/SEOJK.04/2021. The regulation of the disgorgement fund mechanism still needs improvement to prevent violators from enjoying illegal profits, recover investors' losses, and take preventive measures against future violations. The Directorate of Sanctions Determination and Capital Market Grievances at OJK emphasizes that the order for disgorgement of funds is not a lawsuit from the investor through remedial action, aligning with the principle of corrective justice, where all parties have equal rights to seek redress. Tighter supervision should be implemented by OJK to prevent legal violations while ensuring equity in the restoration of rights and the effectiveness of the legal system in dealing with disputes in the capital market.]]>
<![CDATA[Mekanisme Ideal Penyelesaian Clerical Error dalam Peraturan Perundang-Undangan di Indonesia (Perbandingan terhadap Inggris, Amerika Serikat, dan Singapura) ]]>
<![CDATA[Eka N.A.M. Sihombing]]>;
<![CDATA[Cynthia Hadita]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 3 (2023): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.273-282
<![CDATA[The problem of article clerical error creates multi-interpretation, ambiguity, and obscure in understanding the meaning of the substance of the Article so a mechanism is needed to optimize the authority of the Constitutional Court. This study aims to optimize the Constitutional Court's role in providing a legal interpretation of clerical error. The research method used is normative juridical with a doctrinal approach. The results showed that clerical error resulted in multiple interpretations of the substance of an Article. Thus, a legal interpretation by the Constitutional Court for the clerical error is needed which needs to be optimized for its role as a preventive multi-interpretation of the substance of articles in laws and regulations in Indonesia. For example, there is a newly passed law, so to change an article that is not by the system of changing/revising the law for a long time, so to shorten the mechanism for change/revision it requires legal interpretation in the Constitutional Court.]]>
<![CDATA[Penundukan Diri Non-Muslim dalam Qanun Jinayat Aceh: Penyimpangan atau Pengembangan Asas Hukum Pidana? ]]>
<![CDATA[Mohd. Din]]>;
<![CDATA[Ali Abubakar]]>;
<![CDATA[Marah Halim]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 3 (2023): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.313-324
<![CDATA[This article aims to provide legal logic for the permissibility of choosing criminal law for non-Muslims who commit criminal acts regulated in the Aceh Qanun Jinayat based on one of the legal principles raised (endorsement) as the basis for establishing norms in the qanun in question, namely the principle of submission which is actually not recognized in criminal law. The research data are several decisions of the Syar'iyah Court in Aceh against violations of the Qanun Jinayat committed by non-Muslims. It is assumed that the decisionis a shift in the principles of criminal law. This problem will be analyzed by observing the basic principles of criminal law, including the principles of the application of criminal law and the politics of criminal law. The results of the study showed that from the point of view of the principles of criminal law which is a compelling law, this submission is a deviation, but from a legal-political perspective, because the birth of permissible provisions in qanuns is a political process, where the demand to apply Islamic Sharia which basically only applies to Muslims, then as a softening of the territorial principle non-Muslims are allowed to vote.]]>
<![CDATA[Dinamika Kebijakan Pemerintah Daerah dalam Memberikan Pengakuan dan Perlindungan Masyarakat Hukum Adat di Maluku ]]>
<![CDATA[Nasaruddin Umar]]>;
<![CDATA[Rustam Magun Pikahulan]]>;
<![CDATA[Syafa'at Anugrah Pradana]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 3 (2023): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.283-298
<![CDATA[The problem of protecting and recognizing the rights of Customary Law Communities in Indonesia, including in Maluku, from the perspective of local government policies, is still being underestimated, even though Article 18 B paragraph (2) of the constitution has given recognition and respect to the unity of Customary Law Communities and their traditional rights, However is it that to get recognition of the status of customary villages in several negeri in the districts of Maluku and disputes over the mata rumah parentah still occur frequently. This study raises issues regarding legal protection and problems regarding the recognition of the rights of Customary Law Communities in districts/cities in Maluku by using statutory, conceptual approaches and case studies of court decisions relating to the rights of Customary Law Communities. Based on the results of the study it was found that the Provincial Government had issued a policy to provide customary law protection in Maluku which became the basis for establishing customary villages in Ambon City and Tual City, however, there are still regencies that have not provided recognition in the form of regional regulations for establishing customary villages, such as in West Seram Regency and Central Maluku Regency due to weak local government commitment and juridical problems.]]>
<![CDATA[Kewenangan Kepala Otorita dalam Penyusunan Perencanaan Pembangunan Ibu Kota Negara Nusantara ]]>
<![CDATA[Diani Sadiawati]]>;
<![CDATA[Rianda Dirkareshza]]>;
<![CDATA[Wicipto Setiadi]]>;
<![CDATA[Elizabet Devi Permatasari]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 23 No 3 (2023): Edisi September ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2023.V23.325-340
<![CDATA[Preparing development plans for the National Capital City (IKN) of Nusantara is one of the authorities that must be carried out by the Government to ensure the continuity and progress of the State's development in accordance with the mandate of Law Number 3 of 2022 concerning the National Capital City. However, in reality, the formulation of development plans for the new National Capital City still experiences problems related to the Nusantara Capital City Authority (OIKN). Problems with OIKN in preparing development plans for the new National Capital City can come from various factors, such as disharmony of laws and regulations. This study aimed to find out the power of the chairman of authority related to the planning and development of the Nusantara Capital City and the concept of the chairman of authority in preparing the Nusantara Capital City development plans in harmony with the Long-Term National Development Plan. The method used in this study was the Normative Method with interviews and Legislative, Conceptual, Philosophical, and Futuristic approaches which were analyzed in a descriptive-analytic manner and processed qualitatively. The results of the study show that in planning for the development of the national capital city, the chairman of authority has the power to determine the location of the new national capital city according to geographical, social, and economic conditions and to prepare a master plan. However, IKN development plans that are not guided by the Long-Term National Development Plan (RPJPN) as national development guidelines, but are instead guided by the Government's Master Plan (RIP) will create their own problems. The recommendation from this research is to launch a Hybrid Government system followed by the process of integrating the RIP into the 2025-2045 RPJPN so that it becomes the country's grand master plan for the next 20 years.]]>
