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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 3 (2023)" : 7 Documents clear
Reproduction of Islamic Law in The Era of Globalization and Pluralism Nasaruddin Umar; Irvan Mawardi; Akiho Tsuji; Tuti Haryanti
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.629-654

Abstract

The rise of globalization values: secularism, capitalism, legal liberalization and democratic freedom that is sweeping the world today can create a disharmony of diversity during legal pluralism that exists in Indonesia between state law, religious law and customary law. The context of reproduction in this study redesigns policies based on Islamic law that have a vision that can moderate diversity in Indonesia so that the existence of Islamic law can be accepted in the context of diversity and diversity in an inclusive manner. To conduct the research, the author uses conceptual approaches and statutory law. As a result, the author concluded that legal pluralism in Indonesia should not occur strong autonomy in each legal system but increasingly interact and interconnect in the context of moderation, this complementary reproduction model of pluralism is being designed in this study.
Analysis of Legal Certainty Aspects in Indonesian Marriage Registration Rule Imron Rosyadi; Aisyah Kahar
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.469-488

Abstract

This paper examines the legal certainty aspects of marriage registration regulations in Indonesia. The controversy over whether or not a marriage is lawful without registration is still ongoing, depending on how Article 2 of Act No. 1/1974 regulating marriage is interpreted. The research method used in writing this paper is a literature study with normative legal research and descriptive analysis. Using the legal certainty aspect approach, the author analyzes various laws and regulations regarding marriage registration objectively. According to the findings of this study, the Marriage Act requires that every marriage be documented or registered by the marriage registration officer. However, Presidential Regulation (PERPRES) Number 96 of 2018 and Minister of Home Affairs Regulation (PERMENDAGRI) Number 9 of 2016 provide an alternative for those whose marriages have not been documented to create various population administrations by attaching a Statement of Absolute Responsibility (SPTJM). These two contradicting requirements have generated legal uncertainty in Indonesian marriage registration.
The Principle Of Democracy And Participation In Making Village Regulations As An Effort To Develop A Just Village Muhamad Sadi Is; Sobandi Sobandi; Khalisah Hayatuddin; Suharyono Suharyono; Jemmi Angga Saputra; Abdul Basir Bin Mohamad
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.489-516

Abstract

Overall, of course, development was carried out from the village, considering that as a country, Indonesia has thousands of villages, which must be carried out in a just development; of course, this development must be based on applicable laws, both laws on villages and village regulations, as the legal basis for carrying out this development. A good village regulation is certainly based on democratic principles and the principle of aspirations in making it. Normative legal research was used based on secondary data sources, especially the Law of the Republic of Indonesia Number 6 of 2014 on Villages, and analyzed qualitatively. The results of the study concluded that, first, good village regulations must contain the principles of democracy and aspirations in the process of making them so that they could produce village regulations in line with the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia, and what was expected by the local village community, so that they could make a village as the main pillar for the progress of the Indonesian nation and state both in the present and the future. Second, A just village development must be based on village regulations to carry out development in villages, both village infrastructure development and village human resource development, as mandated in the Law of the Republic of Indonesia Number 6 of 2014 on Villages.
Personal Data Protection in Private Sector Electronic Systems for Businesses: Indonesia vs. South Korea Ninne Zahara Silviani; Rina Shahriyani Shahrullah; Vanessa Riarta Atmaja; Park Ji Hyun
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.517-546

Abstract

This paper explores the various practices surrounding the legal framework for protecting personal data in the context of private electronic systems used by commercial companies. The research's main focus is the ambiguity of the goals of Indonesia's Electronic System providers and how they may adopt better practices to enhance data protection within Electronic System Providers, so this extensive examination also includes a thorough comparison of the personal data protection laws in South Korea and Indonesia. This investigation aims to carefully define, evaluate, and harmonize the two countries' unique legal systems. This study uses a normative legal research framework with a Teleological and Legal Protection approach as its research technique. Additionally, it uses the comparative law method to clarify, outline, and examine the specifics of the personal data protection laws that are now in force in Indonesia and South Korea. The results of this research go beyond identifying problems; they are expected to produce a thorough understanding of the complexities surrounding personal data security in the context of electronic commerce. These discoveries are well-positioned to be the foundation for upcoming regulatory improvements, eventually encouraging more potent and reliable data protection procedures in both nations.
The Effectiveness of Correctional Institutions for Children, Female, and Elderly Inmates in Sidoarjo District Sri Warjiyati; Imron Rosyadi; Zeti Nofita Sari; Fariza MD Sham
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.%p

Abstract

Correctional Institutions are institutions implementing the criminal system whose function is to develop correctional inmates, including, in this case, women who are serving sentences and required to participate in the entire series of training activities in correctional institutions. In this case, the effectiveness of coaching prisoners can provide a good role model for others, especially prisoners of female, children, and the elderly. Then, the supporting factors can be used as examples to become even better in the future, and better solutions can be found for factors that can hinder development. This research aims to determine the pattern of coaching females, children, and elderly prisoners and to determine the factors that inhibit and support coaching. Synergy is needed between all parties involved, starting from prisoners, correctional officers, and related agencies, in cooperating with each other in carrying out training for female, child, and elderly prisoners to overcome problems in the implementation of training for female, child, and elderly prisoners, For this reason, it is necessary to carry out treatment and guidance to achieve better goals, and if the convict leaves, he will create an independent character and have a better leadership spirit.
Age Limitations for Presidential and Vice Presidential Candidates Post Constitutional Court Ruling Number 90/PUU-XXI/2023 A Democratic Perspective Delfina Gusman; Pascoal da Costa Oliveira
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.607-628

Abstract

The constitutional right to vote or be elected is a realization of a democratic government system. Freedom exists for every citizen or government to be able to participate in the advancement of a nation. Nominating the head of state in Indonesia is a big part of political participation for every citizen nominated by their political party to be able to run for president. However, in Indonesia, certain conditions must be met for citizens running for President, one of which is a minimum age limit. This age restriction became an academic debate until the Petitioner was tested at the Constitutional Court, where he had potential disadvantages, namely not being able to run for president even though he had experience or expertise in the world of government. This research is legal research with towards statutory case analysis. The results of this research explain that the age restrictions for presidential nomination requirements in Indonesia are not only bound by formal provisions, but the Court provides an alternative consideration regardless of the age of a presidential candidate who can nominate if they have experience or are currently serving as regional heads. The implications of the Constitutional Court's Decision Number 90/PUU-XXI/2023 regarding the alternative in the form of age quality for Presidential candidacy wishes of the Community in performing their  political rights
The Dark Side Of Fast Fashion: Examining The Exploitation Of Garment Workers In Bangladesh Yordan Gunawan; Anandiva Matahariza; Wiwit Kharisma Putri
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.441-468

Abstract

There have been several attempts to decrease the usage of fast fashion, but no one has been able to stop its development. We are aware that fast fashion is a business model that imitates the most recent catwalk trends, has evolved into high fashion, is produced in large quantities, and is priced affordably. Fast fashion has come under fire from a wide range of people due to the fact that no worker receives the minimum wage, yet products must be mass-produced. In addition to examining the legal and regulatory framework for protecting Bangladesh garment industry workers to fulfill their rights as laborers and how these rights are applied, this article looks at the shadowy side of fast fashion in Bangladesh. This paper elaborates on Bangladesh's experience in managing the situation of a garment industry building that collapsed in 2013, killing hundreds of people inside, using a normative analysis-oriented approach. This study demonstrates that Bangladesh's legal and regulatory framework for worker protection has yet to explicitly state what rights workers are entitled to. Another factor is that Bangladesh does not yet have a robust and consistent practice of human rights-based instruments considered in court and that law enforcement does not fully grasp how to execute these rights. At the same time, it is crucial to improve law enforcement interpretation for worker-focused solutions, giving their rights, and promoting human rights practices in Bangladesh.

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