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[Urgensi Sui Generis Regime Permintaan Slot Geostationary Orbit melalui Perspektif Negara Khatulistiwa Khususnya Indonesia ]]>
<![CDATA[Rackel Andriwinata]]>;
<![CDATA[I Dewa Gede Palguna]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 24 No 1 (2024): Edisi Maret ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2024.V24.089-106
<![CDATA[Indonesia is one of the countries whose position is crossed by the equator, which is parallel to the Geostationary Orbit (GSO). The passing of Law No. 16 of 2002 marks Indonesia's binding to the Outer Space Treaty, which encourages Indonesia to have regulations regarding the resolution of issues relating to the use of GSO slots in the national interest. Indonesia proposes a special legal regime that recognizes GSO as an independent territorywithout disturbing existing rules. This research emphasizes the urgency of creating a fair and equitable legal framework in utilizing GSO, especially for developing countries. This research aims to explore legal certainty in the context of space utilization and exploration, especially Geostationary Orbit (GSO). This research uses a normative juridical method with the main approaches, namely legislation and conceptual. The results show the needfor a special regime that regulates the utilization of GSO so that there is no gap between countries with the principles of maintaining peace, justice and mutual benefit, with the hope of providing clarity of rules and guidelines in exploring and utilizing space safely and fairly.]]>
<![CDATA[Kebijakan Pembaharuan Konsep Perzinahan Pasal 411 Undang-Undang Nomor 1 Tahun 2023 KUHP Indonesia ]]>
<![CDATA[Mashendra Mashendra]]>;
<![CDATA[Jennifer Corrin]]>;
<![CDATA[Auliah Andika Rukmana]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 24 No 1 (2024): Edisi Maret ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2024.V24.001-018
<![CDATA[The current Dutch colonial Kitab Undang-Undang Hukum Pidana (KUHP) needs to be replaced with an updated Indonesian Criminal Code. Legal scholars, especially those specializing in criminal law, have long debated the overhaul, reformulation, modification, and even reformation of the Criminal Code to conform to the guiding principles of the Indonesian nation as a whole and this discussion has been ongoing for quite some time. This research intends to evaluate the policy basis of the expansion of the definition of adultery and the values protected from the expansion as stipulated in Article 411 of Law Number 1 Year 2023 on the Criminal Code This research is a descriptive study that uses a normative legal approach. Secondary data and document study are used in data collection. A qualitative approach was used to analyze the data. The research findings show that the criminal policy perspective is the basis for the expansion policy that contains a definition of the offense of adultery that is problematic as a policy because it does not reflect the principles that guide Indonesian society and the nation as a whole. With the way the article is currently written, for every person who has sexual intercourse with anyone as long as he is not his husband or wife and does not regulate the imposition of punishment for convicts who are single. The findings in this study highlight the importance of policy implementation of expanding the concept of adultery to ensure that justice is maintained and equal protection is given to all parties accused without sufficient evidence.]]>
<![CDATA[Menakar Urgensi Kriminalisasi Kepemilikan Harta Tidak Wajar melalui Kebijakan Legislasi dalam Upaya Pemberantasan Tindak Pidana Korupsi di Indonesia ]]>
<![CDATA[Rieska Ayu Bella Pratiwi]]>;
<![CDATA[Nur Khamnari Derby Pambudi]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 24 No 1 (2024): Edisi Maret ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2024.V24.043-056
<![CDATA[Ownership of inappropriate assets by public officials or named illicit enrichment is still a hot issue. Indonesia itself has a wealth reporting instrument for public officials called the State Officials' Wealth Report (LHKPN) as a means of controlling and supervising the wealth of public officials. In practice, many public officials have unappropriate assets and are suspected to have been obtained illegally, but these assets cannot be taken by the state because they have not been or have been proven to be the proceeds of criminal act. Thus, this research aims to examine the potential for resolving this problem by criminalizing the ownership of improper assets by public officials, which aims to minimize the incidence of state financial losses. Based on the results of the research, it shows that there are at least two alternative ways, namely (a) making the illegal ownership of public officials whose legality is not proven to be one of the criminal offenses of corruption through the revision of the Corruption Law; or (b) formulate and ratify provisions related to illicit enrichment in the Asset Confiscation Bill. The criminalization of illicit enrichment is a form of implementation of the provisions of Article 20 of the United Nations Convention Against Corruption (UNCAC) as ratified by Indonesia with Law Number 7 of 2006 with the aim of preventing corrupt actions by public officials. This research uses a normative research method with a regulatory-legislative approach and a conceptual approach, the results of which are presented in prescriptive form.]]>
<![CDATA[Hak Menguasai Tanah oleh Negara dalam Penggunaan Tanah untuk Investasi ]]>
<![CDATA[Evi Djuniarti]]>
<![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.V23.483-494
<![CDATA[Along with the enactment of Law Number 11 of 2020 concerning Job Creation which regulates land acquisition for investment, there are several conflicts about that. These investment provisions prevent investors to invest their capital in Indonesia. One way to fulfill investors' wishes is to carry out legal transplantation and harmonization. The problems are related to land control by the state for investment and the existence of investment laws and Job Creation laws which has problems with current legal provisions, as well as how to utilize transplantation in harmonization of laws and regulations governing investment. This article aims to find a solution to accelerate regulation through transplantation and harmonization of law in the land sector. This research uses normative juridical methods. The results found were that the investment regulations in the land sector, and the regulations in the job creation law, still overlap so that it becomes an obstacle for investors. Therefore, the acceleration of regulations to fulfill investors' desires is carried out through transplantation and legal harmonization.]]>
<![CDATA[Analisis Juridis terhadap Disparitas Putusan Hakim dalam Tindak Pidana Transaksi Elektronik dan Pencucian Uang (Studi Putusan Nomor :1240/Pid.Sus/2022/PN. Tng dan Putusan Nomor: 576/ Pid,Sus/2022/PN. Blb.) ]]>
<![CDATA[Henry Lbn Toruan Donald]]>;
<![CDATA[Djamilus .]]>;
<![CDATA[Nicken Sarwo Rini]]>;
<![CDATA[Ahmad Fathony]]>
<![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.V23.507-522
<![CDATA[This article focuses on the crime of electronic transactions and money laundering. This focus was motivated by reports from victims of fraud by Indra Kenz and Doni Salman via videos circulating on social media regarding the investment business. This uses the Binomo and Quotex applications. During the examination at the Tangerang and Bale District Courts, Bandung, there was a disparity in the sentences imposed by the judges in decision Number: 1240/Pid.Sus/2022/PN.Tng and Decision Number: 576/Pid,Sus/2022/PN.Blb. Indra was sentenced to 6 years and Doni to 4 years. Based on this, this article wants to analyze the reasons that the judge considered in deciding the criminal case of electronic transactions and money laundering for the two perpetrators with different sentences for the two perpetrators. This is because the criminal acts committed by the two perpetrators have similarities. This research uses a normative juridical method with a case approach. Sources of legal research materials used consist of judge's decisions, cases to be analyzed, legislation, books (literature) and scientific journals related to writings and data from news articles. The data collection procedure was carried out by searching data on the internet related to the writing topic. All data collected will be compiled and analyzed using theory or expert opinion. Then, this theory is linked to the reasons or legal considerations (ratio decidendi) used by the judge in making his decision. This study concluded that the disparity in sentences imposed on the two perpetrators was due to the lack of clear regulations prohibiting binary option trading affiliates. Apart from that, there are differences in regulations regarding the spread of fake news that harm consumers in the ITE Law and the Consumer Protection Law.]]>
<![CDATA[Formulasi Penanganan Sanksi Pidana Kerja Sosial terhadap Pelaku Korupsi Berbasis Keadilan ]]>
<![CDATA[Umar Husin]]>
<![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.V23.495-506
<![CDATA[Law enforcement agrees that if crimes are categorized as serious or light, the perpetrators will be sentenced to prison sentences. There is no exception for perpetrators of criminal acts of corruption. In fact, Law Number 1 of 2023 concerning the Criminal Code regulates social work crimes for perpetrators of corruption crimes. It is a question of what the ideal formulation of punishment should be for perpetrators of corruption crimes. The purpose of this writing is to obtain information related to the imposition of social work sanctions on perpetrators of corruption. The method used in this research is normative juridical. This research found that the application of social work criminal sanctions for perpetrators of crimes, especially corruption crimes, is part of fulfilling a sense of justice and respect for human rights. It also has an impact on reducing the number of convicts in correctional institutions. The government and DPR need to amend the Corruption Crime law so that it is in accordance with what is regulated in Law Number 1 of 2023 concerning the Indonesian Criminal Code, especially on article number 85]]>
<![CDATA[Penataan Regulasi dalam Upaya Mendukung Restrukturisasi Badan Usaha Milik Negara Perkebunan ]]>
<![CDATA[Muhammad Iqbal Asnawi]]>;
<![CDATA[Vita Cita Emia Tarigan]]>;
<![CDATA[Christian Orchard Perangin-angin]]>;
<![CDATA[M Permata Sakti]]>;
<![CDATA[Rommy Yudistira Lubis]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2024.V24.107-120
<![CDATA[The formation of a holdingholding to restructure the state-owned plantation industry cannot be separated from the government's ability to control the country's economic engine. Government Regulations Number 72 of 2014 and Number 72 of 2016 which were passed as legalizing the formation of BUMN holdingholding s have sparked controversy and public debate. The fundamental issue of this procedure is the Parent Company's legal obligation to manage the Parent Company. In the relationship between parent companies and subsidiaries, the concept of limited liability presents its own problems. In addition, there is uncertainty regarding legal obligations to third parties. The research methodology is normative law which is supported and obtained from literature data. The findings of this study indicate that the use of the BUMN Law and Limited Liability Company Law as guidelines for managing Plantation BUMNs does not provide the business confidence that Plantation BUMNs need to grow and stay healthy. Considering that the business world continues to develop and the high need for group company management among business actors who carry out business development and expansion, adjustments to these two regulations are very important. The modern business paradigm has resulted in the consolidation of centralized operations in a way that drives growth. As a result, the formation of a holding companyholding company by the government is inappropriate if it is not preceded by changes to the Limited Liability Company Law which provides business certainty for established Plantation BUMNs.]]>
<![CDATA[Tantangan dan Gagasan Desain Asesmen Terpadu untuk Penanganan Penyalahguna Narkotika di Indonesia ]]>
<![CDATA[Febri Handayani]]>;
<![CDATA[Lysa Angrayni]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 24 No 1 (2024): Edisi Maret ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2024.V24.073-088
<![CDATA[Integrated Assessment challenges for handling narcotics abuse include; Narcotics regulation is still debating between a criminal approach and a health approach, this will be related to the request for an assessment from TAT. Integrated assessment becomes a new legal problem if the recommendation procedure is carried out unfairly. Challenges in the coordination function between agencies/institutions. The design idea for an Integrated Assessment for handling narcotics abusers is; availability of government-owned rehabilitation homes in every district/city area, optimization of submission of assessments by investigators to TAT to obtain assessment results in every narcotics case, as well as legalization of integrated assessment norms. The recommendation is that investigators in narcotics cases must submit an assessment request to the TAT as an initial assessment mechanism because it is a guarantee of legal certainty that must be realized if the legalization of norms regarding integrated assessment has been carried out.]]>
<![CDATA[Presidential Decree Number 62 of 2023: Distortion Regulation or Acceleration Solution for Agrarian Reform? ]]>
<![CDATA[Rahmat Ramadhani]]>;
<![CDATA[Ida Hanifah]]>;
<![CDATA[Farid Wajdi]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 24 No 1 (2024): Edisi Maret ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2024.V24.031-042
<![CDATA[The implementation of Presidential Decree No. 62 of 2023 has substantively attempted to integrate several regulations at technically applicable level; however, on the other hand, it still raises several problems, particularly in relation to the provision of land for agrarian reform objects, land originating from forest areas. This study aimed to analyze the implementation of Presidentialial Decree No. 62 of 2023 as the latest regulation regarding the acceleration of agrarian reform activities in Indonesia as an effort to recognize that land is the greatest source of wealth for people as ordered by the constitution. To analyze the problem, the method used is type study law normative. One of the factors inhibiting agrarian reform from seeming slow in creating just and prosperous land is the dis-harmonization of regulations, that cause legal gaps. The method used is normative legal research with a statutory regulation approach. The sectoral egos and legal gaps can be put aside and released to joint policies between related institutions, and agrarian reform can achieve its main essence; namely making land a source of the greatest prosperity for people. The results show that regulatory disharmony has narrowed the space for implementing agrarian reform. The advice given in this paper is to create an acceleration of agrarian reform that is right on target in accordance with the targets set, all implementing stakeholders must comply with the norms set out in the Presidential Decree in question. Thus, it is feared that Presidential Decree No. 62 of 2023 will become a regulatory distortion, even though its implementation aimed to provide a regulatory solution in the context of accelerating agrarian reform in Indonesia.]]>
<![CDATA[Reformulasi Sentra Penegakan Hukum Terpadu menjadi Lembaga Independen Pemberantasan Tindak Pidana Pemilu ]]>
<![CDATA[Mario Agritama S W Madjid]]>
<![CDATA[ Jurnal Penelitian Hukum De Jure Vol 24 No 1 (2024): Edisi Maret ]]>
Publisher : <![CDATA[Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia ]]>
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DOI: 10.30641/dejure.2024.V24.057-072
<![CDATA[The practice of implementing elections in Indonesia from time to time becomes an antinomy of the principle of honesty and fairness. This practice is evidenced by the increasing number of election violations, especially election crimes. This shows that the role of the Sentra Gakkumdu, which specifically functions to eradicate election crimes, has not been effective. The most highlighted issue regarding the existence of the Sentra Gakkumdu is the weak coordination and its limited nature as a forum between Bawaslu, the Police, and the Prosecutor's Office. This research aims to describe the problematics of election criminal law enforcement in Indonesia and the reformulation of Sentra Gakkumdu into an Independent Institution for Eradicating Election Crimes. This research was conducted using normative juridical research. The results of this study show: First, the ineffectiveness of election criminal enforcement is caused by the limited time for handling cases, the weak institutional building of Gakkumdu which includes institutional nature, authority, human resource capacity and coordination between institutions in it. Second, it is necessary to reformulate the Gakkumdu Center into an Independent Institution for the Eradication of Election Crimes. The idea of making Gakkumdu an Independent Institution departs from several weaknesses in the existing institutional building plus the complexity of handling election crimes and speedy trial design requires a special institution that focuses on handling the eradication of election crimes. The institution will later take the form of an independent institution with prevention and prosecution functions, while. The institutional structure will consist of investigators, investigators, and permanent public prosecutors led by commissioners.]]>
