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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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Politik Perampasan Tanah: Kematian Senyap Emansipasi dalam Hukum Agraria Rofi Wahanisa; Syahwal -; Eko Mukminto
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.V25.133-150

Abstract

In the midst of Indonesia's ongoing wave of development, agrarian conflicts that manifest in land grabbing have become increasingly prominent, despite frequently lacking clear legal justification. This study critically examines the role of law in facilitating and grabbing and interrogates the mechanism through which legal frameworks come to serve such a function. It addresses a significant gap in the scholarly discourse concerningthe legal dimensions of land dispossession. Employing a non-doctrinal approach, this research draws upon an extensive literature studies, regulatory analysis, and judicial decision reviews. The findings reveal that land grabbing in Indonesia is not merely driven by informal practices or extralegal coercion. Rather, it is frequently facilitated through legal instruments, most notably within the framework of National Strategic Projects (PSN). These projects demonstrate how the law is mobilized to legitimize dispossession, masking structural violence behind the veneer of legality. In this context, the emancipatory vision of Indonesian agrarian law faces systemic erosion. Rather than fading passively, it is actively dismantled under the influence of neoliberal imperatives embedded in post-1997 policy reforms. Ultimately, this study shows that law is not a neutral arbiter in agrarian conflict, but a powerful tool of accumulation by dispossession.
Model Pemidanaan Berbasis Nilai Kerugian Ekonomi dalam Aksi Filantropi Crowdfunding Deli Bunga Saravistha; I Nyoman Gede Surya Mataram
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.V25.115-132

Abstract

Crowdfunding, have become increasingly popular since the onset of the Covid era and have become a new social phenomenon until now. This is marked by the emergence of various donation collection platforms in Indonesia, making Indonesia the most generous country according to the Charities Aid Foundation World Giving Index 2021 survey. The regulation that serves as the basis for this activity is Law Number 9 of 1961 and Government Regulation Number 29 of 1980. Numerous cases with various methods of operation have begun to surface; however, regrettably, they fall short of the community's expectations, particularly those of well-meaning donors who are concerned about humanitarian issues. This study aims to create a more effective legal regulatory model by examining situations from a new perspective that incorporates economic characteristics. The subjects of this research are crowdfunding actors, donors, and other related parties.. The research method used is the normative research method with the help of Responsive Law Theory as an analytical tool. With a punishment model based on the value of economic loss and also implemented based on the principle of restorative justice, the research findings provide a more responsive resolution mechanism that does not undermine the authority of criminal law and views the legal system as not immune to the influence of other subsystems, including the economic subsystem. It is suggested that laws that are no longer effective in reaching social media-based crowdfunding patterns which not only spread swiftly but may also transcend national boundaries be renewed.
An Integrated Policy Model for Supervisory Punishment under Indonesia's New Criminal Code Rohmat Rohmat; Milda Istiqomah; Nurini Aprilianda
Jurnal Penelitian Hukum De Jure Vol 25 No 3 (2025): 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.2025.V25.151-170

Abstract

The inclusion of supervisory sanctions in Indonesia's new Criminal Code signifies a shift toward non-custodial and rehabilitative forms of punishment, reflecting a broader transition from retributive to corrective and restorative justice. Despite their formal adoption, the regulatory frameworks necessary for their implementation remain underdeveloped. This study examines the normative and philosophical foundations of supervisory sanctions and proposes an integrated legal policy model for their effective application. Employing a normative juridical method supported by statutory, comparative, and conceptual approaches, the research is analyzed within a prescriptive framework. The findings indicate that these sanctions are intended to provide offenders with a second chance through structured oversight and individualized rehabilitation, thereby avoiding incarceration. This study offers a novel insight by presenting an integrated policy model for supervisory sanctions, an approach that has not previously been developed within Indonesia's legal system. The proposed model outlines mechanisms for enforcement, supervision duration, and reintegration programs. By addressing a critical gap in Indonesia's penal system, this research contributes original perspectives and a practical framework for the operationalization of community-based criminal sanctions.
Mewujudkan Keadilan Realitas dalam Putusan Penguasaan Anak Melalui Pendekatan Interkoneksi Sistem M. Beni Kurniawan
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.V25.103-114

Abstract

Child custody disputes are one of the absolute authorities of religious courts. In 2023 there were 1526 (one thousand five hundred and twenty six) cases of child custody disputes examined and decided by all religious courts in Indonesia. The problem is that even though the court has given a decision that is legally binding on the child custody holder, the reality is that many of the religious court decisions are not heeded by the losing party due to several factors, including hiding the child, taking the child away, or inciting the child, which has an impact on the non-executionability of the child custody decision. Departing from this problem, this paper formulates the problem of how legal regulations in Indonesia regulate child custody and how the application of the interconnection system in carrying out child custody decisions. This paper applies normative juridical research methods by examining related legal documents as the main source of reference. the author's findings that for the realization of reality justice in child custody decisions, the Court can adopt an inter-connection system by involving relevant to prevent non-executable decisions.
Dispersi Kekuasaan sebagai Penghalang Otokratisasi: Paradoks Demokrasi Indonesia yang Terkompromikan Muhammad Mutawalli Mukhlis; Muhammad Saleh Tajuddin; Wiranti Wiranti
Jurnal Penelitian Hukum De Jure Vol 25 No 3 (2025): 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.2025.V25.249-266

Abstract

This article examines the persistence of Indonesia’s democratic system as a constitutional state (negara hukum), where popular sovereignty operates within the limits of the 1945 Constitution (UUD 1945). Although recent tendencies, such as the expansion of executive authority, electoral narrowing, media consolidation, and suppression of dissent, have weakened democratic quality, these developments have occurred within Indonesia’s distinctive constitutional framework, which combines democratic principles with Pancasila-based constitutional supremacy rather than liberal-constitutional doctrines. . Using a qualitative approach with descriptive-comparative analysis, this study draws on primary sources such as government policy documents and secondary materials, including academic journals and books, covering developments from 1999 to 2024. The analysis highlights two primary factors limiting autocratization: the redefinition of power distribution through the mechanisms of checks and balances and decentralization following the post-1998 constitutional reforms, and the continuous elite competition that prevents monopolization. Indonesian elites, while undermining democratic institutions to protect their privileges, remain committed to limited democracy as a framework for regulating elite rivalries. The constitutional design with term limits, separation of powers, and decentralization creates structural barriers against executive dominance. Furthermore, elite self-interest in maintaining political competition outweighs incentives for autocratic consolidation. Although civil society and public opinion contribute to resistance against backsliding, elite calculations are decisive. Thus, Indonesia’s experience demonstrates that elite-driven democracies can endure gradual democratic decline without collapsing into authoritarianism, provided that competition remains institutionally guaranteed and power remains dispersed. This dynamic ensures a stable yet compromised democratic system, shaped more by pragmatic elite interests than by normative democratic commitments.
Implementasi Kebijakan Pembentukan Peraturan Perundang-Undang dalam Penyusunan Peraturan Desa di Kabupaten Purworejo Provinsi Jawa Tengah Heni Susila Wardoyo
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.V25.85-102

Abstract

This study examines the implementation of legislation formulation policy in the drafting of Village Regulations (Perdes) in Purworejo Regency, Central Java Province, with a focus on the involvement of Legislative Drafters (Perancang Peraturan Perundang-undangan or PUU). Purworejo Regency was chosen because it presents complex dynamics of village development and serves as a case study to illustrate the implementation gap between national, regional, and village-level policies in the context of village regulations. Although Article 98 of Law Number 12 of 2011 mandates the participation of drafters at every stage of regulation drafting, implementing regulations such as the Ministry of Home Affairs Regulation (Permendagri) Number 111 of 2014 have yet to accommodate this provision. This research adopts an empirical legal approach using qualitative methods and Grindle's policy implementation theory as the main analytical framework, encompassing the dimensions of content of policy and context of implementation. Data were collected through interviews with nine key actors from the village to the national level and document analysis. The findings reveal that the policy implementation, such as the lack of clarity in regulatory objectives, limited technical resources, and poor legal substance quality, stems from the absence of PUU drafters. Moreover, institutional fragmentation, inadequate regulatory support, and restricted access to structured legal assistance further hinder the policy implementation. The Strengths, Opportunities, Aspirations, and Results (SOAR) approach was employed to formulate an optimal strategy. Three-phase strategies are proposed: development of a digital platform for PUU drafter engagement (short term), revision of Permendagri 111/2014 (medium term), and amendment of Law Number 12 of 2011 (long term). The core conclusion of this study is that the systemic involvement of Legislative Drafters (PUU) is essential to optimize the implementation of legislation drafting policy at the village level.
Kebijakan Pemerintah dalam Upaya Perlindungan Pengungsi Asing Zainuddin Zainuddin; Ismail Koto
Jurnal Penelitian Hukum De Jure Vol 25 No 3 (2025): 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.2025.V25.267-276

Abstract

As part of its responsibility to address refugee-related issues, Indonesia enacted Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad. This study is more in-depth than previous studies because it focuses on more specific legal regulations at the presidential regulation level. This provides the legal basis for the protection of foreign refugees in Indonesia and serves as the official guideline for managing asylum seekers and international refugees. This regulation is more operational, for example, shelter mechanisms such as shelter, accommodation and health and education, as well as basic services, and coordination with UNHCR/IOM, but does not provide formal legal status for refugees. One implementation is the relocation of asylum seekers from Immigration Detention Centers (Rudenim) to temporary shelters, thus enabling the provision of basic needs, which is facilitated and funded by the International Organization for Migration (IOM). The main differences between the international obligations of ratifying conventions and domestic authority through Presidential Regulations lie in their source, binding nature, and implications for the legal status and rights of refugees specifically. This regulation is seen as an alternative to ratifying the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, which Indonesia has not yet ratified. Presidential Regulation Number 125 of 2016 outlines several important provisions, including key definitions, detention mechanisms, shelter procedures, and protection measures for asylum seekers and refugees. This regulation consists of 45 articles detailing the coordination mechanism between government agencies in managing refugees. Based on Article 2 paragraph (1), the handling of asylum seekers and refugees is carried out through cooperation between the central government and the United Nations (UN).
Kontestasi Konsep Persetujuan : Rekonstruksi Komparatif Perkosaan dalam Perkawinan Berdasarkan Hukum Pidana Indonesia dan Hukum Islam Mimin Mintarsih; Lukman Mahdami; Ahyar Ari Gayo; Ratna Galuh Manika Trisista
Jurnal Penelitian Hukum De Jure Vol 25 No 3 (2025): 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.2025.V25.201-218

Abstract

Marital rape is an issue that generates contestation over the concept of consent within marital relations. In Indonesian criminal law, rape is generally understood as a crime that occurs outside marriage, whereas in Islamic law, sexual relations are viewed as part of mutual rights and obligations between husband and wife. This difference in paradigm creates conceptual tension regarding the boundaries between duty, rights, and consent within marriage. This study arises from a literature gap, as previous research has not comprehensively examined the interrelation between the concept of consent in Indonesian criminal law and the concept of riḍā in Islamic law. Existing studies tend to separate the two frameworks without exploring their potential normative and moral intersections as a foundation for legal development. The study aims to comparatively reconstruct the meaning of consent in the context of sexual coercion within marriage according to Indonesian criminal law and Islamic law. The research employs a normative juridical method with statutory, conceptual, and comparative approaches, analyzing the Old and New Criminal Codes, the Law on Sexual Violence Crimes, the Law on the Elimination of Domestic Violence, as well as fiqh principles and maqāṣid al-syarī‘ah. The findings reveal that both legal systems reject sexual coercion, yet differ in their normative foundations, moral objectives, and forms of legal recognition. A comparative reconstruction is therefore required through the reinterpretation of the concept of riḍā in Islamic law and the affirmation of equality principles within national criminal law, in order to strengthen the recognition of consent in marital relations. These findings demonstrate a substantive convergence between positive law and Islamic principles in upholding justice, consent, and individual dignity, while opening pathways for the development of a more responsive legal framework regarding marital rape in Indonesia.
Agunan KUR Tanpa Agunan: Inkonsistensi Regulasi dan Jalan Menuju Penjaminan Hybrid Leny Megawati; T Subaryah; Tuti Rastuti
Jurnal Penelitian Hukum De Jure Vol 25 No 3 (2025): 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.2025.V25.219-232

Abstract

This study was motivated by the discrepancy between the norm stating that People’s Business Credit (KUR) with a ceiling of up to IDR100 million does not require additional collateral, and the operational policy that still requires collateral at a number of Bank BRI units. This discrepancy causes disharmony and inconsistency, which has the potential to lead to disputes and hinder access to financing for MSMEs. The approach used is socio-legal research that combines normative-legal and socio-empirical research techniques. Based on these findings, this study examines the implications of applying additional collateral in the People’s Business Credit (KUR) program at Bank BRI, particularly for micro-entrepreneurs with limited assets, where consumer protection norms and fairness in banking relationships do not explicitly accommodate credit insurance as a valid and standardized alternative guarantee, resulting in excessive dependence on physical collateral such as land, buildings, or vehicles, which actually hinders access to credit for MSMEs with minimal asset structures and creates discriminatory risks and legal uncertainty in the financing distribution process, threatening the consistency of the principles of fairness and openness that form the legal basis for consumer-bank relationships.
Perumusan Model Penyelesaian Sengketa Tanah yang Adil: Pendekatan Dekonstruksi Derrida terhadap Kasus Eks Konsesi Dumai Husendro Husendro
Jurnal Penelitian Hukum De Jure Vol 25 No 3 (2025): 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.2025.V25.309-326

Abstract

Dumai City is an area with land concession permits for oil and gas companies, including PT. Chevron Pacific Indonesia. These extensive and long-term land concession permits often conflict with local (indigenous) communities, urban development, and population growth. Although the company’s concession period has expired and the land must be returned to the government, land claims, disputes, and conflicts remain unresolved. Therefore, a just, holistic, and human rights-based resolution will be a fundamental element of this resolution. The research method used is a normative empirical one with data sources obtained from field observations and interviews with various stakeholders, including the government and local communities. This paper will focus on how Jacques Derrida’s concept deconstructs the settlement of the former Dumai concession case by dissecting the dominant legal narrative that supports ownership, concession claims, revealing the contradictions and power structures inherent in the land tenure system. This paper proposes alternative dispute resolution models, such as conciliation, based on different principles, future justice, and openness to plural legal subjects. Through Derrida’s deconstruction and conciliation efforts, various alternative justice-based concession land solutions will be formulated for corporations (PT. CPI), local (indigenous) communities, citizens, local governments, vertical agencies, business actors, including law enforcement options.

Page 33 of 35 | Total Record : 345

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