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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 5 Documents
 1 
Search results for , issue "Vol 2, No 1 (2013)" : 5 Documents clear
HUKUM INTERNASIONAL SEBAGAI SUMBER HUKUM DALAM HUKUM NASIONAL (Dalam Perspektif Hubungan Hukum Internasional Dan Hukum Nasional Di Indonesia) Dina Sunyowati
Jurnal Hukum dan Peradilan Vol 2, No 1 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.1.2013.67-84

Abstract

Countries agreement contained in an international agreement in the form of bilateral agreements, regional and multilateral agreements that are binding on the parties and a law for that entered into an agreement (pacta sunt servanda). International agreements that have been agreed and validated in a ratification by a country, then the agreement is valid and binding upon all be a source of law for the enforcement of law in making decisions. This is true also in Indonesia. Any international agreement that has been followed by Indonesia, which is contained in a ratification requirement or not, still have the force of binding for both parties. Keywords: International Law, Sources of Law, International Treaties, International Agreements.
GOOD GOVERNANCE DAN PEMBARUAN HUKUM DI INDONESIA: REFLEKSI DALAM PENELITIAN SOSIO-LEGAL Herlambang P Wiratraman
Jurnal Hukum dan Peradilan Vol 2, No 1 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.1.2013.21-34

Abstract

In the last decade post Soeharto, Good Governance (GG) has been often heard like a `mantra'. GG seems easily uttered talkative, formalized, and grew into a dominant political ideals as well as major constitutional and public administration discourse which have rooted in law, policy, and higher education. Like a rooster crowing in the morning, he continued to speak out in the mornings, wide box spawn 'governance, such as 'good forestry governance, 'good financial governance, 'good university governance, and many others. GG, in that context, seems like an appropriate nutrition to overcome the weakness of the Indonesian legal system, corrupt bureaucracy, and the predatoric political leadership. In this regard, it should be viewed more closely, what is actually superiority owned when GG is talked? Obviously, the law is one of the tools to ensure the operation of the mantra in its implementation, and based on master research conducted in 2005-2006, focusing on the issue of the Law Reform by applying a socio-legal approach. As a result, this study gave the fact which is different or even contrary to the ideals of political buildings or formalized or materialized law and policy. For example, one study showed that the GG in the context of legal reform in Indonesia actually very sinister and weakening the guarantee of human rights. Law, especially product of legislation and institutions, as well as its machinery transmission are dominant in advocating free market (free market friendly legal reform). Perhaps, the conclusions is not popular in the middle of the noisy speech spelling of GG and its projects. However, Indonesia today shows the continuation of massive corruption, violation of human rights, impunity and all the non protection situation in the Indonesian legal system.Keywords: Good Governance, Law reform, Sosio Legal approach
QUO VADIS PERLINDUNGAN HUKUM TERHADAP KORBAN MELALUI RESTITUSI (Perspektif Filsafat, Teori, Norma dan Praktek Penerapannya) Budi Suhariyanto
Jurnal Hukum dan Peradilan Vol 2, No 1 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.1.2013.109-130

Abstract

Restitution is a form of legal protection form for victims of victim recovery oriented. Normatively, on the positive law, restitution has not been cooperated well yet. Consequenly, the application of the restitution had a problem, specifically unsynchronized legal structure. Under the integrated criminal justice system perspective, legal structure and legal substance disharmony need to be reorganized (regulated). A fundamental arrangement will be done by rephylosophy some punishment, than make restitution become a prinsipal (main)criminal and giving a new position for the victim to the later integrated criminal justice system based on the phylosophy of restoratifjustice. Keywords: legal protection, victims, restitution.
TEORI GANTI RUGI DALAM PERSPEKTIF HUKUM ISLAM Asmuni Asmuni
Jurnal Hukum dan Peradilan Vol 2, No 1 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.1.2013.45-66

Abstract

The idea of daman towards both criminal and justice victims, from early time, has been mentioned in the nash of both Al-Quran and Al-Hadith. From the nash, Ulemas have formulated various fiqh forms concerning daman (compensation). In fact, from early time the Islamic Jurists have not applied the terms masuliyah madaniyah for justice responsibility, and masuliyah al ina'iyah for criminal one. However, several thinkers of classical Islamic law mainly al-Qurafi and al- `Iz Ibn Abdi Salam have introduced the term al-jawabir for justice conpensation (read: daman) and al-zawajir for criminal compensation (read: 'uqubah diyat, arus, etc.). Although in its development, up to recent time, Islamic Jurists often use the term masuliyah that is because of the Western work influences. Daman could occur because of deviation on akad (agreement) namely daman al-aqdi, and could happen because of violation namely daman `udwan. In determining the compensation, the esential elements are darar or lost on the victims. Darar could occur on physical, material or things and service aspects; and it could also be on moral and emotional destruction or called darar adabi including name-reputation damage. The standard for the compensation either on quality or quantity must be similar to darar suffered by the victims. Although in certain cases, the multiplying compensation may happen based on the victims' condition. Keywords: Compensation Theory, Islamic Law, Law perspectives
ANTARA BEZITSRECHT DAN EIGENDOMRECHT: Kajian Tentang Hak Atas Tanah Oleh Penduduk Harto Juwono
Jurnal Hukum dan Peradilan Vol 2, No 1 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.1.2013.131-150

Abstract

Nowadays, land ownership's issues become complicated and often result in conflict to nation, either individually or groups (mass). Lack of clarity of the status of the land requires a historical approach to the study of the legal regulation of land that changed following regime, which resulted in changes to the rights and status of land ownership. Results of this study concluded that the problems came out from an incomprehensive notice from the regulator/government, in order to clarify which regime used by now. Most of the people are sticking with the understanding of property rights (bezitzrecht) or tenure (beschikkingsrecht) of land, which is different from the concept of land title rights (eigendom). Therefore, the Government is expected to socialize the concept of land title rights (eigendom) and other present land rights so the conflicts will decrease or subside. Keyword: property rights (bezitzrecht), land title rights (eigendom), regulation history

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