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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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Dekonstruksi Hukum Social Commerce Indonesia : Perspektif Demokrasi Ekonomi di Era Digitalisasi Aditya Prastian Supriyadi
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.V24.229-246

Abstract

Social commerce (S-Commerce) comes from the disruption of business digitalizationthat explores social media. When s-commerce was developing, Indonesia bannedthe platform because it was considered to kill local businesses and capitalize onthe market. The decision can potentially contradict economic democracy in oneof the provisions of Article 33, paragraph (4) of the 1945 Constitution, whichopens up technological space for developing the national economy. The purposeof writing this article is to deconstruct economic democracy on commercial lawon social media as a Government policy that prohibits S-Commerce. The writingarticle uses normative legal research methods with statutory, legal comparison, andconceptual approaches. There are two research results in this article. First, at a timewhen significant nations are embracing technology at a rapid pace to boost theirbusinesses, the government's decision to outlaw s-commerce has negatively impactedthe nation. Based on the doctrine of digitalization, economic law is not appropriate ifit has to ban S-Commerce. The business paradigm of the contemporary era must beintegrated with technology to compete with the development of the digital economy inthe global realm. Second, based on economic democracy in Article 33, paragraph (4)of the 1945 Constitution, S-Commerce manifests a national economy balanced withtechnological progress by the constitution's mandate. S-Commerce law provisionsneed to be deconstructed using the principles of economic democracy. So, reasonablelegislative parameters may promote the growth of the digital economy while notjeopardizing the local economy.
Pembangunan Hukum Nasional dalam Perspektif Teori dan Filsafat Hukum Subianta Mandala
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.V24.321-334

Abstract

This paper discusses some strategic issues about national legal development, which is viewed in the light of legal theory and philosophy. The need to replace the laws of the colonial regime has been discussed for quite some time, and in fact, since Indonesia declared its independence. However, the process of replacing the Dutch laws and developing its own national law is quite slow. There are some strategies issues discussed in this writing, namely, among others: what is the legal politics/policy of the issue of legal unification and legal pluralism in Indonesia, what is the legal approach about the development of unwritten and written laws, what is the legal policy to address the issue of adat law as one of the material legal sources for the future Indonesian laws, and how jurisprudence (court decisions) may be used to develop Indonesian national legal system. With those backgrounds, the formulation of the problems is as follows: how can legal theory and philosophy be used as theoretical and philosophical argumentation to address some strategic issues of Indonesian legal development as mentioned above, and what is the legal politics/policy for the development of national legal system of Indonesia, in particular, of those strategic legal issues. The method used in this research paper is normative juridical or library research with a descriptive-qualitative analytical approach. The result of the research shows that, as of today, there are no official documents or any existing laws that comprehensively give direction to the legal politics/policy on the strategic issues of Indonesian legal development. In general, the discussion on the issues of national legal development is limited among legal experts and academicians, and the debate on contentious issues has fundamental arguments based on legal theory/philosophy. So far, legal positivism has a a significant influence on the way we respond to those strategic issues. However, there has been an interesting development recently. We can gradually see a paradigm shifting from legal positivistic to a more sociological, human and ethical approach.
Promosi Ikatan Sosial Berkelanjutan berdasarkan Perspektif Konstitusi Indonesia Dwi Elok Indriastuty; Nur Hidayatul Fithri
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.V24.265-278

Abstract

Social bonds are one of the types of bonds based on available themes regulated in POJK No 18 of 2023. The drafting of POJK 18/2023 did not consider regulations from either a theoretical or constitutional perspective, which should be the main consideration for any legislative regulation. This article is the result of research aimed at finding arguments and constitutional rationality related to the regulation of social bonds, sustainable bonds, and sustainability-related bonds. As a result, research on the constitutional analysis of Indonesia's social securities regulation becomes highly important, considering that the constitution serves as the source of legitimacy or the foundation of `authorization for laws and regulations beneath it. According to universal legal principles, laws and regulations that are subordinate to the constitution must not contradict higher laws This is where the concept of legal hierarchy and regulations becomes necessary, so that regulations do not conflict with those above them in the hierarchy, including the highest point, which is the constitution. The research method used in this study is normative exploratory legal research with a constitutional approach and a conceptual approach. It is clear that this article will closely examine several areas of social bond regulation from the perspective of the Indonesian Constitution .The research findings reveal juridical arguments and rationality that, as a welfare-oriented state in its constitution and born from its collectivist cultural background, social bond regulation aligns with the principles of the constitution applicable in Indonesia.
Hustle Culture: Celah Pelanggaran terhadap Hukum Ketenagakerjaan Ellen Lutya Putri Nugrahani; Jody Imam Rafsanjani; Zaihan Harmaen Anggayudha; Hilmi Ardani Nasution
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.V25.19-34

Abstract

Hustle Culture promotes hard work and exceeding standard working hours as a pathway to career success. However, it is often exploited to justify practices that violate labor laws, such as forcing employees to work beyond regulated hours without fair overtime pay or compensation. While seen as a driver of productivity, Hustle Culture risks undermining workers' rights and well-being. This article examines how companies misuse Hustle Culture to manipulate employees into working excessively, potentially breaching labor laws. It also explores the balance between hard work and the protection of workers' rights, emphasizing the need for healthy and sustainable work environments. Using a normative method with a qualitative descriptive approach, the study analyzes relevant legal documents. Findings indicate that Hustle Culture can be weaponized by employers to coerce excessive labor, disregarding the negative impacts on workers' physical and mental health. Such practices not only harm employee welfare but also risk violating labor laws on working hours and overtime pay. This research highlights the importance of aligning workplace expectations with legal protections to ensure fair treatment and long-term sustainability in professional environments.
Eksistensi Fiqih Wali Mujbir Syafi'i Ditinjau dari UU No.12 Tahun 2022 tentang Kejahatan Kekerasan Seksual Zaein Wafa; Miftahudin Azmi
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.V24.279-294

Abstract

Forced marriage by guardians is recorded as a form of sexual violencein Indonesia. Government regulation Article 10 of Law No. 12 of 2022explains that forced marriage is divided into 3, namely child marriage, inthe name of culture, and rape victims. The background of this research isdue to the problem of the great authority held by the guardian of the mujbiras the guardian of the marriage of children or grandchildren. This greatauthority is in the form of forced marriage carried out by the guardian ofthe mujbir without the consent of the bride. The concept of the guardian ofthe mujbir is a concept contained in the views of the Imam Syafi'i schoolof thought, as one of the schools of thought widely used in Indonesia. Thepractice of the guardian of the mujbir in Indonesia certainly raises problemswhen associated with the provisions of Article 10 of Law Number 12 of2022, which states that forced marriage is a criminal act of sexual violence.So there are two legal problems. First, is it possible for the view of theImam Syafi'i school of thought on wali mujbir to be applied in Indonesiasecond, how is the legitimacy of the authority to force marriage held by thewali mujbir reviewed from the objectives of Islamic law maqashid shariaBy using the normative legal research method with a conceptual approachand literature study method, the results obtained are that the concept ofwali mujbir is contrary to Law Number 12 of 2022 because it causes forcedmarriage which is a criminal act of sexual violence so that the view onthe concept of wali mujbir cannot be implemented in Indonesia. Viewedfrom the perspective of its benefits, the concept of wali mujbir is not morebeneficial. It causes more forced marriage practices and does not protectwomen and their rights.
Peran AALCO dalam Pemulihan Aset Kejahatan Transnasional: Perspektif Hukum tentang Kerjasama Asia-Afrika Carissa Amanda Siswanto; Nafis Dwi Kartiko
Jurnal Penelitian Hukum De Jure Vol 25 No 2 (2025): 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.2025.V25.67-84

Abstract

The Asia-African Legal Consultative Organization (AALCO), as an intergovernmental organization in Asia and Africa, possesses significant potential to facilitate cooperation among member states in combating transnational crimes and recovering assets. The objective of this study is to explore and analyze the role of the Asia-African Legal Consultative Organization (AALCO) in the international legal framework governing asset recovery of assets arising from criminal activities. The research method used is normative-dogmatic juridical with statutory, conceptual, and comparative approaches. This research uses primary legal sources, such as laws and international treaties, as well as secondary legal sources, such as journals, articles, books, and comments on judges' decisions. The findings of this study indicate that AALCO has an important role in facilitating cooperation among its member states for the recovery of assets derived from criminal activities. AALCO has developed mechanisms such as conventions and guidelines to guide member states in asset recovery. However, this research also found limitations, such as the lack of harmonization of laws among the member states and limited institutional capacity in some states. In addition, there are still challenges in cross-jurisdictional coordination and a lack of public awareness on the importance of asset recovery. In light of these findings, this research recommends AALCO to strengthen a uniform legal framework and improve training and capacity building for law enforcement. In addition, AALCO also needs to strengthen information networks among member states and build partnerships with international organizations. By implementing these recommendations, AALCO can be more effective in supporting efforts to recover assets derived from criminal conducts in the Asia and Africa region.
Keamanan Investasi Online: Evaluasi Regulasi Perlindungan Investor dalam Konteks Robot Trading di Indonesia Muhammad Saeful Rizzal; Ahmad Rustan; Rudy Iskandar Ichlas
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.V24.295-306

Abstract

Investment has become a new lifestyle for some people, as investment promotions typically entice potential investors with promising returns. In Indonesia, investments are broadly categorized into tangible and financial investments. This study aims to review the licensing system and protection for victims of online robot trading investments in Indonesia, focusing on safeguarding the public as investors. This research aims to provide knowledge so that the public can differentiate between legal and illegal investments, thus encouraging more cautious investment decisions. The method employed in this study is a normative juridical approach involving an analysis of existing laws and regulations, including the Consumer Protection Law, Capital Market Law, and regulations issued by the Financial Services Authority (OJK). A qualitative analysis of the collected data was conducted to assess the extent to which current regulations can protect the public from potential losses arising from investments in robot trading. The research findings indicate that the protection of victims in online robot trading investments in Indonesia needs to be strengthened and adapted to technological and market developments. Stricter and more specific regulations governing the operations of robot trading platforms are necessary. It is advisable for the public to exercise caution when engaging in online investments to avoid becoming victims.
Analisis Perbandingan Penerapan Konsep Checks and Balances dalam Proses Legislasi di Amerika Serikat, Rusia, dan Indonesia Rianda Dirkareshza; Eka NAM Sihombing; Muhammad Fauzan
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.V25.67-80

Abstract

In the framework of Indonesia's constitutional governance, the principle of checks and balances among constitutional institutions is an essential component of the legal system. Indonesia adopts a bicameral legislative system involving the House of Representatives (Dewan Perwakilan Rakyat; DPR) and the Regional Representative Council (Dewan Perwakilan Daerah; DPD). However, DPD possesses limited legislative authority, particularly in drafting laws. Additionally, judicial oversight is conducted by the Supreme Court (Mahkamah Agung/MA). This issue gives rise to research questions pertaining to  raised in this study are about the oversight concept in the lawmaking process from the perspective of comparative constitutionalism and the reconstruction of the oversight concept to realize enhance checks and balances. This study employs a mixed -method approach, incorporating normative-juridical, comparative, and conceptual methodologies  and legislative analysis. The findings indicate that Indonesia implements a soft bicameral concept characterized by an asymmetry of authority with in between the two both chambers in the lawmaking process, with the Constitutional Court acting as the primary a judicial oversight mechanism. In contrast, the United States and Russia maintain robust internal oversight within their legislative institutions, complemented judicial authority to oversee law implementation, thereby reinforcing  checks and balances between the legislative and judicial branches. It is recommended that the oversight framework within Indonesia's legislative process be strengthened by reconstructing oversight mechanisms through the expansion of the DPD's role, particularly in reviewing, approving, or vetoing draft legislation. This expansion is advised to enhance internal legislative oversight and create a more balanced system of checks and balances between legislative bodies. Furthermore, the reconstruction of oversight concepts in the lawmaking process should be pursued by granting the DPD greater authority to accept or veto draft laws, thereby reinforcing internal oversight within the legislative process
Menerapkan Pasal 18B Ayat (1) UUD 1945: Diskursus tentang Konstitusionalitas Pemerintahan Daerah Khusus Ibu Kota Nusantara Diani Sadiawati; Wicipto Setiadi; Miftah Farid Hanggawan
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.V25.35-48

Abstract

Law No. 3 of 2022 on the National Capital, as amended by Law No. 21 of 2023, has sparked legal and academic debates, particularly regarding its constitutionality. Despite six judicial review petitions in the Constitutional Court, the Special Regional Government of Nusantara Capital (Pemdasus Ibu Kota Nusantara) has not been comprehensively assessed. This study examines its constitutionality based on the 1945 Constitution (UUD 1945), global practices, and Constitutional Court rulings, focusing on three key issues: the nomenclature of Nusantara Capital, the status and leadership appointment of the Nusantara Capital Authority, and the absence of a Regional People's Representative Council (DPRD). Using a juridical-normative approach, this study analyzes UUD 1945, the National Capital Law, Constitutional Court decisions, and academic literature. The findings highlight three main points. First, Nusantara's nomenclature aligns with Article 18B(1) of UUD 1945, which recognizes special regions. Second, the status and leadership appointment mechanism of the Nusantara Capital Authority do not violate Article 18(4), as confirmed in Constitutional Court Decision No. 11/PUU-IV/2008. Third, the absence of a DPRD is constitutionally valid since special regions allow institutional variations, as affirmed in Constitutional Court Decisions No. 81/PUU-VIII/2010 and No. 11/PUU-IV/2008. In conclusion, Nusantara's governance is constitutionally grounded in Article 18B(1) of UUD 1945 and relevant Constitutional Court rulings. Its flexible institutional design remains valid as long as it is legally established.
Kejahatan, Moralitas dan Dekolonisasi: Analisis Perbandingan Kritis terhadap Reformasi Hukum Pidana di Indonesia dan India Aditi Singh Kavia; Karan Singh Chouhan
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.V25.49-66

Abstract

The criminal laws have undergone a comprehensive reform with the enactment of the Kitab Undang-Undang Hukum Pidana (KUHP), 2023 in Indonesia and  Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), 2023 in India. Those circumstances have raised serious questions concerning human rights. The newly enacted Criminal laws were introduced as a comprehensive reform to supersede the outdated colonial-era legislation, with the intention of dismantling colonial legacy. This study endeavors to conduct a critical evaluation of the extent to which recent criminal law reforms in Indonesia and India conform to the principles of decolonization. Specifically, it examines whether these reforms aligns with legal morality and human rights, evaluating whether they dismantle colonial legal legacies or inadvertently reinforce them. Furthermore, it aims to conceptualize various frameworks of morality, its nexus with law and explores the morality dilemmas by situating the study within the theoretical framework of decolonization. The research follows a comparative and doctrinal legal research approach, critically analyzing offenses against state, morality and religion-based offenses such as blasphemy, adultery, sedition, homosexuality, abortion among others. The findings of the study reveal that reforms of criminal codes have instead reinforced colonial morality and has disproportionality affected human rights of minorities. Through this study, the author concludes that true decolonization can be achieved when the colonial structures are questioned, colonial institutions are dismantled and the laws are in alignment with the international human rights standards. It is also recommended that the reform process should be continuous, democratic, empirical and ensure traditional belief and  moralities are respected without infringing on individual rights.

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