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Jurnal Hukum dan Peradilan
Published by Pusat Penelitian dan Pengembangan Hukum dan Peradilan MA RI
ISSN : 23033274     EISSN : 25281100     DOI : https://doi.org/10.25216/jhp
Core Subject : Economy, Social,
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice
Jurnal Hukum dan Peradilan (JHP) is published by the Research Center for Law and Judiciary of the Supreme Court of the Republic of Indonesia. JHP aimed to be a peer-reviewed platform and an authoritative source of information on legal and judiciary studies. The scope of JHP is analytical, objective, empirical, and contributive literature on the dynamics and development of legal studies, specifically in Indonesia. JHP welcomes scientific papers on a range of topics from research studies, judicial decisions, theoretical studies, literature reviews, philosophical and critical consultations that are analytical, objective, and systematic. However, from a wide range of topics that researchers can choose from, JHP puts more attention to the papers focusing on the sociology of law, living law, legal philosophy, history of national law, customary law, literature studies, international law, interdisciplinary, and empirical studies. Jurnal Hukum dan Peradilan (JHP) is a media dedicated to judicial personnel, academician, practitioners, and law expertise in actualizing the idea of research, development, and analysis of law and judiciary. Jurnal Hukum dan Peradilan comes out three times a year in March, July, and November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 12, No 1 (2023)" : 7 Documents clear
Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021 Zainal Amin Ayub; Ari Wirya Dinata; Nur Sulistyo Budi Ambarini; Pipi Susanti; Arie Elcaputera
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.1-28

Abstract

Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The  issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decedendi) and legal archicteture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory.
Indonesian Omnichannel Banking: How Far Do Governing Laws Protect Customer's Data Privacy Fontian Munzil; Nadisah Zakaria
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.29-56

Abstract

In the digital transformation era, banks have been working to implement a digital strategy that will lead to lower costs, better service, higher profitability, and the desired level of customer satisfaction. Utilising marketing technology for consumer engagement is essential to bringing in more customers without increasing costs. Omnichannel is the marketing strategy that offers more services to customers by having them interact with it across all available physical and digital channels at any time, resulting in higher customer satisfaction and loyalty. Customer data is significant information that may be used at any stage of the digital marketing process. The Protection of Personal Data Act of 2022 and the Act of Development and Strengthening of the Financial Sector of 2023 govern consumer data protection at all stages of marketing activities, including data processing, profiling, and collaboration with other organisations. This study reviews how far the governing laws can protect consumer private data in utilisation in the company's digital marketing program to boost utilisation of the company's omnichannel approach. The study discovered that governing laws can protect the customer's private data in the banking omnichannel approach. Customer data are governed clearly and strongly by the regulations at all marketing program phases that could potentially be exploited, so both laws will be able to prevent illegal activities of customer data optimally in the future. Lastly, customer approval is critical for the Bank's use of all customer data.
Distribution Of Joint Properties According To Balanced Justice Principle M Ridwan; Gugun Gumilar; Amran Suadi; KN Sofyan Hasan; M Syaifuddin
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.57-76

Abstract

The structure of joint property divided governed by Law No. 1 of 1974, and the Compilation of Islamic Law must fully reflect the importance of justice and legal clarity. Based on that, the issue addressed in this journal is how to design a more reasonable and legally specific partition of the joint property after divorce for the community in the relevant marital law in the future. This study is categorized as legal-normative research. According to the study's findings, the future concept of joint property law reconstruction is to incorporate the principle of balanced justice based on Pancasila into Article 37 of Law Number 1 of 1974 concerning Marriage and Article 97 of the Compilation of Islamic Law through amendments to Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law. The notion of balanced justice has been found in various Republic of Indonesia's Supreme Court decisions. As a result, some of the legal rules in the joint property decision must be reviewed while developing joint property law regulations.
The Religious Court Trial Of Wali Adhal Cases In The Indonesian Legal System: A Legal Analysis Mardi Candra; Ramlani Sinaulan; Fahadil Al Hasan; Jelang Ramadhan
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.77-96

Abstract

Marriage combines the husband-wife relationship and unifies two families of different ethnicities, cultures, and backgrounds. The consent of the wali is a significant function of the family, particularly the prospective bride's family. Marriage requires the permission of the wali because it is null and void without it. In actuality, the wali of the prospective bride may be hesitant to marry off the woman under his supervision for various reasons, both Shar'i and non-Shar'i. As a result, the prospective bride must apply to the Religious Court for wali adhal for the marriage to occur. This qualitative research employs a normative legal approach, which examines legal norms found in laws and regulations, judge judgments, and other legal sources. According to the findings of this study, wali adhal cases are currently evaluated by voluntary trials or unilaterally. However, because it is unilaterally assessed and there is no opponent, fulfilling the legal purpose of building integrative justice in this examination requires considerable effort. Therefore, wali adhal cases must be examined using a contentious trial.
Analysis Of Labor Rights After The Job Creation Law In Perspective Of Human Rights Christina NM Tobing; Sryani Br. Ginting; Hasnul Arifin Melayu
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.97-128

Abstract

The Job Creation Law has caused controversy from various circles of society, both in terms of the procedure for its formation and the contents, especially the labor cluster. Many materials in the Job Creation Law reduce workers’ rights by creating a flexible working relationship. The relationship is more in favor of the interests of employers, thus raising the issue of legalizing modern slavery, which is contrary to human rights. This study analyzes changes in workers’ rights, especially regarding wages, specific worktime agreements, outsourcing, and severance pay from a human rights perspective. This research was normative legal research, namely on the substance of workers’ rights after the Job Creation Law from a human rights perspective, with a statutory approach and a conceptual approach. The analysis revealed that the job creation law policy is an effort to create the broadest possible employment opportunities and attract greater investment to Indonesia. In addition, it is to realize the human rights of workers who have not worked. The changes in the Job Creation Law and its implementing regulations that abolish and reduce workers’ rights and make work relations more flexible can violate workers’ human rights. On the other hand, the Government is trying to strike a balance by creating new and fair workers’ rights.
Justice for Nature: Integrating Environmental Concerns into Legal Systems for Adequate Environmental Protection Nur Insani; Suud Sarim Karimullah
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.129-158

Abstract

This research explores the importance of integrating environmental interests into the legal system, advocating justice for nature, and realizing a greener and more sustainable world. Based on a comprehensive literature review and critical analysis of relevant sources, this study identifies the key elements needed, namely effective environmental law enforcement mechanisms, active participation of stakeholders, and synergies that link community participation with environmental law awareness. A reliable law enforcement mechanism is a key pillar in environmental protection, involving a fair and efficient judicial process supported by robust law enforcement agencies and adequate sanctions. Stakeholders, including governments, law enforcement agencies, civil society, and the private sector, play a central role in policy formation, implementation monitoring, participation in decision-making, environmental advocacy, and increased awareness of environmental law. The combination of active community participation and environmental law awareness has a positive impact on maintaining environmental sustainability, with community participation covering environmental management, engaging in decision-making, and community empowerment. In contrast, environmental law awareness strengthens law enforcement, understands environmental rights and obligations, and encourages sustainable behavioral change. Thus, this comprehensive integration paves the way to a world in which the interests of nature are heard and protected, creating a more equitable and sustainable global ecosystem.
The Potential Of Judicial Review As An Incremental Business Strategy (The Emergence Of Sharing Economy And One-Stop Services Application In Indonesia) Febrian Indar Surya Kusuma; Sapto Hermawan; Ardyllis Alves Soares
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.159-188

Abstract

The digital economic system has changed the pattern of relationships between service providers and consumers in conducting transactions. Starting from the opportunity given by the Supreme Court to online taxi service providers as part of Micro, Small, and Medium Enterprises (from now on MSMEs), application services such as Go-Jek and Grab are now becoming new spaces for national economic growth. This study will specifically answer how the judicial review process becomes a form of incremental policy, which is very important for business continuity in the industrial era 4.0. This paper can fill the research gap regarding policy alternatives response in supporting the development of the digital economy in Indonesia. This paper will be portrayed using doctrinal research methods and statutory approaches in descriptive and prescriptive styles. As a result, this paper demonstrates that the Supreme Court, as the judiciary institution, plays a central role in responding to changing societal needs. The rationality of business actors in the theory of economic analysis of law has led them to step up and look for responsive policy alternatives. This condition is proven by the judicial review decision on Case Number 37 P/HUM/2017, which was then able to save MSME actors during the COVID-19 pandemic. The development of an incremental policy model is a form of government response to support national economic growth in the digital era, which demands rapid change.

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