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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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Conflict Between Public Transportation and Local Community Rights in The Sea Rizal Muchtasar; Heriyanti Heriyanti; Sahrina Safiuddin; La Ode Muhammad Taufiq Afoeli
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.V25.171-188

Abstract

This study aims to analyze the conflict between public access rights and the rights of local communities on Cempedak Island in managing marine areas. The method used is socio-legal, through an analytical approach to national legal frameworks, doctrines, and case studies. The study results show that this conflict creates a dilemma between the interests of local communities and public access rights. The 1945 Constitution and related regulations provide a legal basis for public access rights, but local communities also have rights set out in policies and regulations. This paper critically presents a model of conflict resolution, regulatory, and resource processes that often ignore local community participation. Evaluations of previous Government policy procedures show a lack of consultation and involvement of local communities and public access in policy processes that can result in gaps and prolonged conflicts. This research emphasizes the need for a participatory-collaborative approach. Innovation is the gradual application of the need for community identification to implement comprehensive methods that integrate positive legal analysis with the social and local communities' cultural realities. Conflict techniques on Cempedak Island actively involve communities in decision-making to encourage sustainability, protection, community interests, and public access rights, ultimately creating new policies and rules.
Bukti Ilegal dalam RUU KUHAP Indonesia: Exclusionary Rules dan Due Process of Law Nazhif Ali Murtadho, S.H.
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.V25.291-308

Abstract

The absence of explicit provisions on exclusionary rules in the RUU KUHAP risks enabling the use of unlawfully obtained evidence, undermining due process, violating the presumption of innocence, and eroding the legitimacy of the judiciary. This study aims to analyze the integration of due-process principles and the concept of “unlawful legal evidence” into the RUU KUHAP and to formulate practicable drafting language and operational mechanisms. The method is doctrinal-juridical research employing statutory, conceptual, comparative, and case approaches; primary and secondary materials are analyzed textually, comparatively, and deductively, accompanied by an inventory of legal sources. Findings indicate that the application of exclusionary rules in Indonesia remains sporadic due to a normative vacuum and terminological disparities between “alat bukti” and “barang bukti”; the praperadilan mechanism is not yet capable of substantive review; six elements of due process remain unregulated explicitly; and electronic evidence requires procedural certainty in the aftermath of Putusan MK 20/PUU-XIV/2016. The study concludes that the RUU KUHAP must include an exclusionary-rules clause; define “unlawful legal evidence” and the concept of “batal demi hukum”; strengthen the authority of Praperadilan/Hakim Pemeriksa Pendahuluan; require chain-of-custody procedures and digital forensic certification; and establish sanctions and compensation mechanisms. Recommendations include harmonized drafting, judicial guidelines, training for law-enforcement officers, and independent oversight to restore evidentiary integrity and ensure the protection of human rights.
Integrasi Prinsip Estoppel sebagai Pelengkap Regulasi Itikad Baik dalam Hukum Perdata Indonesia Erwin Susilo; Bagus Sujatmiko; Suhaimi Suhaimi
Jurnal Penelitian Hukum De Jure Vol 26 No 1 (2026): 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.2026.V26.061-076

Abstract

This study seeks to investigate the concept of estoppel and its potential incorporation into Indonesian civil law. This research is important not because Indonesian civil law lacks protection, but because the existing framework may not always provide optimal conceptual articulation in addressing losses arising from reliance. The Civil Code recognizes principles such as pacta sunt servanda and good faith; however, protection of reliance is not limited to these principles, as it is also addressed through unlawful acts (Article 1365) and the doctrine of culpa in contrahendo. Therefore, it would be overstated to claim the existence of a legal vacuum. In many legal systems, particularly in the common law tradition, estoppel has developed to address reliance, detriment, and unconscionability. In civil law systems, the protection of reliance is not contingent upon estoppel as a separate doctrine; rather, it is integrated within established legal principles. This study uses normative legal research methods, including statutory, conceptual, and comparative approaches, by examining laws, court decisions, and legal doctrines. The findings show that estoppel has evolved from a rule of evidence into a doctrine concerned with fairness. In Indonesia, similar values are reflected in good faith, rechtsverwerking, and unlawful acts, which demonstrate how these concepts align with the evolving understanding of estoppel in promoting fairness within the legal system. Accordingly, this research does not posit estoppel as a response to a legal gap but as a complementary and adaptive conceptual framework, consisting of representation, reasonable reliance, and detriment, which may be integrated through interpretation, jurisprudential development, and gradual legal refinement.
The Role of International Humanitarian Law in the Conflict with the West Papua Liberation Army Muhammad Uchida Sudirman
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.V25.189-200

Abstract

This research examines the application of International Humanitarian Law (IHL) in the conflict between the Indonesian National Armed Forces (Tentara Nasional Indonesia, or "TNI") and the West Papua National Liberation Army (TPNPB). The main focus is to assess the legal status of TPNPB as a non-state armed actor and examine the extent to which the TNI's authority in military operations has been in accordance with the principles of proportionality, distinction, and precaution. Using qualitative legal research and conceptual, statutory, and historical approaches, the findings indicate that the conflict in Papua has fulfilled the elements of a non-international armed conflict (NIAC), although it has not been officially recognized by the Indonesian government. In addition, the implementation of TNI's authority in Military Operations Other Than War (OMSP) is considered to have the potential to violate IHL principles because of its impact on civilians. This research recommends a more consistent application of IHL to ensure the effective protection of civilians in domestic conflicts.
Mengabaikan Prinsip Kehati-hatian dalam Perizinan Lingkungan: Perbandingan Indonesia dengan Tiga Negara Lain dan Mekanisme Pembuktian Baru Ajie Ramdan
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.V25.277-290

Abstract

Law Number 6 of 2023 concerning Job Creation revises Law Number 32 of 2009 by decriminalising Article 102 and merging it with Article 109. They have been changed from conduct offences to result-based offences. This study uses a normative legal research method combined with a comparative study using a statute research approach, which is used to analyse, explore, and review changes to Article 109. The findings of this study explain that because of revision of those articles, criminal sanctions cannot be imposed if someone or entities do not have environmental permits until environmental damage has already occurred. A study of the UK, the Netherlands, and Sweden shows those countries apply the precautionary principle by penalising the actions of entities that do not have environmental permits as conduct criminal offences. A comparison will be made between this and the environmental laws of Indonesia. Currently, to enforce Article 109 of Law Number 32 of 2009, prosecutors will need to employ the same proof method as that used for criminal offences as stipulated in Articles 98, 99, and 100. The novelty of this research is that the change from conduct offences to result-based offences have the potential to damage Indonesia’s environment. This will be scientifically proven in this article. The decriminalisation of Article 102 and the amendment of Article 109 of Law Number 32 of 2009 not only change the system of proof in cases of environmental permit violations, namely through scientific evidence, but also constitute a disregard for the precautionary principle.
Pengelolaan Badan Usaha Milik Negara Sebelum Undang-Undang Nomor 1 Tahun 2025 Retno Kus Setyowati
Jurnal Penelitian Hukum De Jure Vol 26 No 1 (2026): 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.2026.V26.001-018

Abstract

SOEs, in addition to being regulated in Law No. 40/2007 concerning Limited Liability Companies, are also regulated by Law No. 19/2003 concerning SOEs and Law No. 17/2003 on State Finance, which carries consequences that if SOEs lose their jobs, they will be subject to criminal liability, namely corruption. The issuance of Law No. 1/2025 concerning the third amendment to Law No. 19 of 2003 brought about a change in the responsibility of directors of SOEs that suffered losses. Prior to Law No. 1/2025, the Business Judgement Rule was not considered in Court decisions, and losses by state-owned companies were a criminal act of corruption. In the case of Karen Agustiawan as President Director of PT Pertamina (Persero) and President Commissioner of PT Pertamina Hulu for the action of BMG Block Participating Interest Australia, the Cassation Decision applied the Business Judgement Rule, but in the second case, the Panel of Cassation Judges did not apply it, so it was sentenced. Under Law No. 1/2025, SOEs' losses are treated as business risks rather than as state losses that can be punished. The method used is normative law research with various approaches, namely positive law and its changes.
Dilema Penambangan Dasar Laut: Pengaturan Dalam ISA, Prinsip Kehati-Hatian dan Tantangan Implementasi Perjanjian BBNJ Adrian Nugraha; Nashriana Nashriana; Ridwan Ridwan
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.V25.233-248

Abstract

This article examines the role of the International Seabed Authority (ISA) in the governance of deep seabed mining, highlighting the legal and environmental implications arising from the adoption of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement in 2023. The research employs a normative juridical method through an extensive review of international legal instruments, doctrines, jurisprudence, and scholarly literature related to the United Nations Convention on the Law of the Sea (UNCLOS) 1982, the precautionary principle, and global environmental agreements. The analysis reveals that the ISA’s mandate to manage seabed resources as the common heritage of mankind faces significant pressure due to growing scientific evidence of the ecological risks associated with deep-sea mining. Potential jurisdictional and normative conflicts also arise between the ISA and BBNJ regimes, particularly concerning marine protected areas, environmental impact assessments, and access to marine genetic resources. In the context of scientific uncertainty, mineral exploitation may violate the precautionary principle, erga omnes obligations, and the commitments of Sustainable Development Goal 14. Accordingly, this study recommends a moratorium on mining activities, the harmonization of ISA–BBNJ legal frameworks, and the strengthening of implementation of the precautionary principle to ensure the sustainability of deep-sea ecosystems.
Hak Konstitusional Masyarakat Lokal di Industri Pertambangan: Analisis Perbandingan Uganda dan Indonesia Peace Patricia Ondoa; Paul Atagamen Aidonojie
Jurnal Penelitian Hukum De Jure Vol 26 No 2 (2026): 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.2026.V26.093-108

Abstract

In Uganda and Indonesia, there is no doubt that the extractive industry has been engaged in severe activities in the oil, coal, nickel, tin, and gas sectors, most notably in the areas where these mineral resources are situated. However, although there is a constitutional framework on the rights of host communities in Indonesia and Uganda's extractive sector, these rights seem not to be fully realized in favor of the host communities of the extractive industry. It is in this study examines how Uganda and Indonesia protect the rights of host communities in the extractive industry. It finds significant challenges, including inadequate compensation, limited access to information, and low community participation levels in governance related to extractive industry activities. The findings show differences in the effectiveness of constitutional protections and enforcement in both countries. The study stresses the necessity of stronger legal safeguards and greater community engagement in the extractive sector for sustainable development. Moreover, the research emphasizes the necessity to integrate human rights in the planning and execution of extractive projects. The Study therefore recommends that there is a need to encourage a collaborative mindset between the state, industry stakeholders, and local communities to create a more equitable framework for resource management in Uganda and Indonesia.
Konstruksi Kesalahan Korporasi sebagai Arsitektur Perdagangan Satwa Liar Jaringan Transnasional Melalui Teori Psikopati Ahmad Yusup
Jurnal Penelitian Hukum De Jure Vol 26 No 1 (2026): 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.2026.V26.019-044

Abstract

The illegal wildlife trade is transforming into a complex and organized form of transnational crime, no longer dominated by individual perpetrators, but increasingly involving corporations as strategic actors. This article analyzes how corporations play a role as the architecture of the transnational network wildlife trade and how psychopathic theories construct corporate wrongdoing in the domain. This research is designed with a type  of socio-legal research that not only uses the basis of legal theory approaches, but also combines it with the approaches of other disciplines, such as criminology and psychology. The results show that corporate involvement in transnational network wildlife trade is not incidental, but systematic and structured, utilizing legitimate business mechanisms to disguise its illegal activities. The findings of the study also confirm that psychopathic theory is relevant in explaining the construction of corporate wrongdoing that conducts the cross-border wildlife trade, such as the absence of empathy, the absence of guilt, and the absence of moral and social responsibility. Therefore, a complex criminal accountability approach is needed to address corporate crime in the domain, strengthened through the Mutual Legal Assistance (MLA) mechanism to overcome jurisdictional barriers and support cross-border evidence collection against corporations.
Konstitusionalitas Tata Kelola Pungutan Otoritas Jasa Keuangan (OJK) Dalam Keuangan Negara Icha Cahyaning Fitri; Yusuf Adiwibowo; Eka N.A.M. Sihombing
Jurnal Penelitian Hukum De Jure Vol 26 No 2 (2026): 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.2026.V26.127-142

Abstract

This study aims to analyze the mechanisms of fees collected by Indonesia’s financial sector regulator in comparison with other countries, as well as the legality of these fees and the reporting of the OJK’s budget utilization. This study is a normative legal study employing a statutory approach, a conceptual approach, and a comparative approach to the models of financial sector regulatory agencies in Japan and Germany. The results of the study indicate that OJK levies possess the characteristics of public revenue because they derive from state authority, are compulsory in nature, and are used to finance the oversight functions of the financial services sector. However, the regulations governing the use of these levies in Government Regulations have not been fully integrated into the state treasury mechanism, thereby creating a normative inconsistency with the principles of state financial management under Article 23A of the 1945 Constitution of the Republic of Indonesia. This study concludes that the constitutionality of OJK levies requires clarification of their status as part of the state treasury. Therefore, a revision of Government Regulation No. 41 of 2024 is necessary, particularly regarding restrictions on the use of surplus levies across fiscal years, the obligation to deposit surplus levies into the state treasury, and the harmonization of the OJK’s financial reporting system with Government Regulation No. 71 of 2010 on Government Accounting Standards through the separation of reporting for state budget funds and levy funds. Furthermore, all uses of levy funds must be comprehensively audited by the State Audit Agency (BPK) and supervised by the House of Representatives (DPR) to ensure transparency, fiscal accountability, and legal certainty in the management of state finances.

Page 34 of 35 | Total Record : 345

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