cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Pengelola Jurnal Penelitian Hukum De Jure Badan Strategi Kebijakan Hukum
Contact Email
jurnaldejure@kemenkum.go.id
Phone
+628119780028
Journal Mail Official
jurnaldejure@kemenkum.go.id
Editorial Address
Jalan Raya Gandul No.04 Gandul Cinere Depok 16512
Location
Unknown,
Unknown
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
 29   30   31   32   33 
Perkembangan Pernyataan Kehendak dan Keabsahannya dalam Smart Contract Ariyanto Ariyanto
Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli
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.2024.V24.199-214

Abstract

The development of Smart Contract in this regard can be attributed to the stability of Indonesian law, where methods for executing contracts have become increasingly sophisticated. With the rapid growth of technological developments that use Smart Contracts and the urgency of the extent to which the current laws in Indonesia can support their development, the question arises of how Smart Contract work? When does the meeting of minds occur in a Smart Contract? And, how is the fulfillment of the principle of consensualisme in Smart Contract viewed from the perspective of Article 1320 of the Civil Code? The research method in this study was carried out using a qualitative normative method .The results of this study show, Smart Contract works by running without a third party and written on the Blockchain. Second, there is a meeting of minds in the Smart Contract, where both parties who intend to bind themselves in the Smart Contract send their cryptographic encryption to commit to each other in the Smart Contract, as proof that both have mutually agreed. Third, the principle of consensualism in Smart Contract from the perspective of Article 1320 of the Civil Code shows that agreement is an essential foundation for the validity of an agreement, ensuring that each party involved has agreed to the existing provisions.
Impact of Criminal Code's Articles 263 & 264: A Critical Look at Press Freedom and Human Rights Efren Nova; Zico Junius Fernando; Panca Sarjana Putra; Agusalim Agusalim
Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli
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.2024.V24.133-146

Abstract

The public, human rights advocates, and media practitioners have engagedin significant debate regarding Articles 263 and 264 of the new CriminalCode (KUHP). These articles establish laws that criminalize spreadingfalse news that could cause social unrest. The punishments for spreadingsuch information vary depending on the severity and intention behind itsdissemination. Articles 263(1) and (2) differentiate between intentionallyspreading false information that the perpetrator knows is untrue andspreading information that is reasonably believed to be false. The punishmentfor this offense can be imprisonment for up to six years or a maximumfine of category V. Article 264 specifically addresses the act of spreadingfalse information that the perpetrator knows is untrue. Meanwhile, Article264 specifically addresses the act of spreading ambiguous, exaggerated,or incomplete news. Those found guilty can face a maximum penalty oftwo years in prison or a category III fine. This study utilizes normativelegal methodologies, which include statutory, conceptual, comparative,and futuristic approaches. The research design is characterized by bothdescriptive and prescriptive elements. Content analysis was conductedto evaluate the collected data. The study's findings illustrate that theprimary objective of Articles 263 and 264 of the new Criminal Code is tomaintain public order and deter riots that may arise as a consequence of thedissemination of incorrect information. Nevertheless, these provisions havebeen criticized for their potential to be used as a means to suppress pressfreedom and limit public expression, both of which are fundamental aspectsof democracy and the protection of human rights. Concerns have beenraised about the potential impact of the implementation of these articles onthe protection of press freedom as guaranteed by the Press Law.
Legal and Ethical Issues in the Constitutional Court Decision Concerning Minimum Age Limits for Presidential and Vice Presidential Candidates Yogi Prasetyo; Alfalachu Indiantoro; Aries Isnandar
Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli
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.2024.V24.147-158

Abstract

This article aims to explain the basic considerations of Constitutional Court Judges in deciding case Number.90/PUU-XXI/2023 and analyze the existence of controversial issues in this decision. The background to this writing is a decision by the Constitutional Court which is considered unusual. There are new things out of the ordinary in deciding cases and the momentum approaching the 2024 general election has become a sensitive and interesting study. The research method used in this writing is a normative juridical method with a legal philosophy approach. This is in accordance with the main problem of analyzing the judge's decision from a philosophical perspective. Material in the form of library data in the form of statutory regulations and scientific works related to the research theme. The results of the research show that there are several basic reasons for judges in deciding this case, such as political rights and the time for the general election which is getting closer. Apart from that, the decision of the Constitutional Court contains ethical issues in it, because in the formation process it was carried out by judges who had been legally declared to have committed ethical violations.
Indonesian Law and Artificial Intelligence: Balancing Accountability, Ethics, and Innovation Rangga Hotman Hasibuan; Aurelya Jessica Rawung; Fidel Jeremy Wowiling
Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli
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.2024.V24.121-132

Abstract

Artificial intelligence (AI), which includes computing for perception, cognition, and action, raises complicated legal issues. This research investigates AI's influence and legal implications, focusing on its autonomy in communication and creativity, which raises problems about language, intellectual property, and ethical accountability. Discussions differ depending on whether they are influenced by the Common Law or Civil Law systems. While Common Law defines AI as "computer-generated work," Civil Law tends to see AI as a legal thing. This research aims to formulate a solid ground for an AI legal framework in the Indonesian national legal system. The research undertaken involves a thorough analysis of academic literature, focusing on the legal and ethical implications of AI, highlighting the need for a nuanced perspective to define its subjectivity. In conclusion, the complex interplay between artificial intelligence (AI) and legal principles involves reframing old terminology. Existing models for AI duty are called into question, and vicarious liability is one possible answer. AI is a derived law problem, so it needs to be carefully calibratedfor responsible innovation while also keeping ethics and technological progress in check.
Transplantasi Regulatory Impact Assessment+: Reposisi Naskah Akademik dalam Pembentukan Undang-Undang Muhammmad Hamzah Al Faruq; Garuda Era Ruhpinesthi; Alfatania Sekar Ismaya
Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli
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.2024.V24.175-198

Abstract

As far as the Law Number 13 of 2022 was issued, the Academic Draft making process still shows the minimum participation of affected communities. Neither the Law nor the Guidance of Academic Draft making process that was published by the House of Representatives Expertise Body have regulated consistent research method. This fact implies the quality of the current Academic Draft that has not yet accommodated Regulatory Impact Assessment methods such as determining alternative policy and impact analysis that would produce the best policy. This normative juridical research aimed to get a better understanding of: (i) The regulatory and practices problems of preparing Academic Draft related to the principle of transparency in the lawmaking and (ii) The mechanisms for repositioning Academic Draft related to the principle of transparency through the application of Regulatory Impact Assessment+. This research is normative legal research with secondary data. The results showed two things. First, in terms of regulation and practice, there is a problem that Academic Draft is still positioned as a justification for the Law and the reality of Academic Draft preparation related to the principle of transparency in the lawmaking is still weak based on the analysis of the role of the community in the dynamics of implementing research methods that are considered insignificant. Second, Academic Draft repositioning mechanism is needed through the application of Regulatory Impact Assessment+ with the following five things: i) repositioning the use of Regulatory Impact Assessment in the stages of lawmaking, ii) loading the inventory mechanism of affected communities, iii) containing detailed instructions for the implementation of Academic Draft preparation research carried out, iv) changing the Academic Draft structure through adjustments to Regulatory Impact Assessment+ to accommodate alternative policy mechanisms, to v) detailing procedures and aspects of consideration for implementing the Cost-benefit Analysis mechanism.
Evaluasi Kebijakan Penilaian TKDN dalam Skema Penghitungan Berbasis Pengembangan Inovasi pada Perangkat Telepon Seluler Al Araf Assadallah Marzuki; Mosgan Situmorang
Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli
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.2024.V24.159-174

Abstract

Article 35 of Minister of Industry Regulation No. 29 of 2017 states that besides manufacturing aspects, the calculation of Domestic Component Level (TKDN) for mobile devices may utilize an innovation-based calculation scheme. However, this policy is deemed biased as it only benefits large companies selling products without assembly in Indonesia, while their competitors have invested in local production infrastructure to fulfill TKDN obligations. This study aims to evaluate the TKDN Assessment Policy in the innovation-based calculation scheme. The research problem is whether this policy aligns with TKDN policies in Law No. 3 of 2014 concerning Industry. This research employs a normative legal approach, focusing on literature review and legislative analysis. Findings indicate that the TKDN regulation in the innovation-based calculation scheme provides flexibility for companies to meet TKDN standards more flexibly but also raises concerns about decreasing use of local components, contradicting the spirit of Law No. 3 of 2014, which promotes the use of domestic products to fulfill TKDN. Therefore, a thorough evaluation of the TKDN regulation in the innovation-based calculation scheme is needed to maintain the balance of the domestic industry.
Analisis Perbandingan Pendekatan Pengelolaan Lahan untuk Pembangunan Publik di Tanah Adat: Penekanan Bank Tanah Koperasi (BTK) dalam Studi Kasus Minangkabau Refina Mahargita; Ahmad Baikuni Perdana; Muhammad Yusuf Syaifullah
Jurnal Penelitian Hukum De Jure Vol 24 No 3 (2024): Edisi November
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.2024.V24.307-320

Abstract

Customary land, known as tanah ulayat in Indonesia, holds a unique status that differentiates it from other land types, particularly when used for public purposes. Government land acquisition practices risk eroding this status, potentially affecting Indigenous social groups. Cooperation between the government and indigenous communities, through regional governments and other institutions, is recommended as an alternative approach to land acquisition. This research examines various land management tools, focusing on customary land in Minangkabau for public and development purposes. Using a juridical-normative method linked to legal products and content analysis of previous studies, the research identifies three key variables related to customary land: control, utilization, and legality. These variables are analyzed within the context of public interest and research limitations. Three land provision schemes are explored: Land Provision, Cooperative Land Banking (CLB), and Land Commercialization. Each scheme has distinct impacts on land ownership, legality, and the collective well-being of indigenous communities. While Land Provision offers immediate compensation but forfeits land control, CLB and Land Commercialization allow indigenous groups to retain land ownership, with CLB being the preferred option due to its promotion of sustainable land use and active community involvement. The study concludes that CLB is the most viable approach for ensuring long-term economic benefits and land control for Indigenous communities. However, it requires government support regarding legal adjustments and frameworks for cooperation.
Sinkronisasi Regulasi Green Bond Sebagai Pembiayaan untuk Konversi Baterai Kendaraan Listrik di Indonesia Budi Endarto
Jurnal Penelitian Hukum De Jure Vol 24 No 3 (2024): Edisi November
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.2024.V24.215-228

Abstract

Transportation is still the largest emission-contributing sector in Indonesia. However, the Government has set an aggressive electrification target in the transportation sector if it needs to be balanced with a financing scheme for energy conversion towards battery electric vehicles (BEV). For this reason, BEV conversion industry players should utilize green bond financing schemes. The main issue lies in the need for more alignment between EV conversion industry regulations and financing models for the sector. However, the Government needs to harmonize rules and coordination among sectoral institutions such as the OJK, Ministry of Finance, Ministry of Industry, and Ministry of Transportation. Especially concerning Regulation Number 39 of 2023 regarding the Conversion of Fuel-Powered Motorcycles into Battery-Based Electric Motorcycles, and Minister of Transportation Regulation Number 15 of 2022 regarding Motor Vehicle Conversion to formulate green bonds as an alternative financing option for BEV programs. The method used in this writing is normative legal research of the exploratory type with a statutory and conceptual approach. The result shows that through the synchronization model of green bond financing regulations with the battery electric vehicle conversion regulation and coordination between sectoral institutions, it is expected to accelerate the commitment to realize net zero emission and as an effort to mitigate the energy crisis and reduce fuel energy subsidies in Indonesia.
Pasar Digital dan Eksploitasi Data: Mengatasi Penyalahgunaan Dominasi Berdasarkan Hukum Persaingan Usaha Indonesia Moch. Marsa Taufiqurrohman; Helza Nova Lita; Gress Gustia Adrian Pah
Jurnal Penelitian Hukum De Jure Vol 25 No 1 (2025): 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.2025.V25.1-18

Abstract

Practices exploiting personal data, particularly by dominant players, can lead to unfair competitive advantages. The power derived from service providers' access and control over users' data can capture the market from existing competitors and potential entrants, potentially resulting in higher and even discriminatory consumer prices. This article, employing a combination of normative juridical research and Reform-Oriented Research methodology, aims to establish the exploitation of personal data as a form of abuse of the dominant position in the digital market under Indonesian competition law. The article argues that the practices of digital service providers exploiting personal data, facilitated by the conditions of the digital market and their dominant positions, create barriers for competitors and deter potential entrants. This ultimately meets the element of abuse of dominant position under Article 25 of Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition, rendering such practices per se illegal. The article concludes by suggesting that lawmakers should establish a framework and adequate regulations to address the exploitation of personal data by business actors in the digital market. This would promote fair business competition and protect the interests of digital service users. 
Penggunaan Kecerdasan Buatan (Artificial Intelligence) sebagai Bahan Pertimbangan Putusan Hakim dalam Sistem Peradilan Pidana di Indonesia Syamsul Fatoni; Erma Rusdiana
Jurnal Penelitian Hukum De Jure Vol 24 No 3 (2024): Edisi November
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.2024.V24.247-264

Abstract

This study evaluates the integration of artificial intelligence in the judicial processes, focusing on how technology can promote fairness in the Indonesian Criminal Justice system, where there are no specific guidelines for using AI in legal proceedings. The research follows a normative legal approach, analyzing laws and court cases and comparative methods using various legal sources and qualitative analysis methods. The findings reveal that incorporating AI in the judge's decision-making process aids in assessing information and data, facilitating optimal, effective, and efficient decision-making.  On the other hand, incorporating AI into the decision-making process of judges within the Criminal Justice System implies that judges act as a smaller version of the system itself, considering various factors such as examination records, charges, and real-life circumstances impacted by social, cultural, and economic elements. Ultimately, integrating AI into the evidential process for judicial decision-making aims to align the criminal justice system with factual situations and the goals of punishment. It is recommended that the use of AI in legal proceedings should not only focus on algorithm-based legal aspects but also take into account non-legal aspects such as humanitarian, social, and economic conditions that contribute to criminal activities. This holistic approach is crucial for ensuring alignment in the Criminal Justice System to uphold legal, moral, and societal justice.  The role of the Supreme Court is no exception in providing guidance and supervision of Judges regarding the use of technology, including legal legalization, while still paying attention to law, ethics, social values , and just legal principles.

Page 31 of 35 | Total Record : 345

 29   30   31   32   33 

Filter by Year

2016 2026


Reset
Filter By Issues
All Issue Vol 26 No 2 (2026): Edisi Juli Vol 26 No 1 (2026): Edisi Maret Vol 25 No 3 (2025): Edisi November Vol 25 No 2 (2025): Edisi Juli Vol 25 No 1 (2025): Edisi Maret Vol 24 No 3 (2024): Edisi November Vol 24 No 2 (2024): Edisi Juli Vol 24 No 1 (2024): Edisi Maret Vol 23 No 4 (2023): Edisi Desember Vol 23 No 3 (2023): Edisi September Vol 23 No 2 (2023): Edisi Juni Vol 23 No 1 (2023): Edisi Maret Vol 22 No 4 (2022): Edisi Desember Vol 22 No 3 (2022): Edisi September Vol 22 No 2 (2022): Edisi Juni Vol 22 No 1 (2022): Edisi Maret Vol 21 No 4 (2021): Edisi Desember Vol 21 No 3 (2021): Edisi September Vol 21 No 2 (2021): Edsi Juni Vol 21 No 1 (2021): Edisi Maret Vol 20 No 4 (2020): Edisi Desember Vol 20 No 3 (2020): Edisi September Vol 20 No 2 (2020): Edisi Juni Vol 20 No 1 (2020): Edisi Maret Vol 19 No 4 (2019): Edisi Desember Vol 19 No 3 (2019): Edisi September Vol 19 No 2 (2019): Edisi Juni Vol 19 No 1 (2019): Edisi Maret Vol 18 No 4 (2018): Edisi Desember Vol 18 No 3 (2018): Edisi September Vol 18 No 2 (2018): Edisi Juni Vol 18 No 1 (2018): Edisi Maret Vol 17 No 4 (2017): Edisi Desember Vol 17 No 3 (2017): Edisi September Vol 17 No 2 (2017): Edisi Juni Vol 17 No 1 (2017): Edisi Maret Vol 16 No 4 (2016): Edisi Desember Vol 16 No 3 (2016): Edisi September Vol 16 No 2 (2016): Edisi Juni Vol 16 No 1 (2016): Edisi Maret More Issue