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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 6 Documents
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Search results for , issue "Vol 2, No 3 (2013)" : 6 Documents clear
KEBIJAKAN HUKUM PIDANA PERLINDUNGAN ANAK DALAM PEMBARUAN SISTEM PERADILAN PIDANA ANAK DI INDONESIA Candra Hayatul Iman
Jurnal Hukum dan Peradilan Vol 2, No 3 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.3.2013.358-378

Abstract

Juvenile Delinquency is an anti-social behavior can be disturbing public society, but it is recognized as a common phenomenon that must be accepted as a social fact. Children based on their physical, mental and social have a weak position compared with adults, so that children who committed needs to be special treatment. Therefore, the treatment of juvenile delinquents should be different with the treatment of adults. Child Protection in fact there are still many who have not accommodate the principles of international instruments. In the juvenile court still found violations of children's rights in the implementation of the handling of children in conflict with the law. Research it can be concluded that the formulation of policies for the protection of children in conflict with the law in the juvenile justice system in Indonesia is regulated in Law No. 3 Year l997 on Juvenile Court has not accommodated the principle of the best interest of the child in the juvenile justice system, so it is normative in the formulation did not reflect the level of the basic idea of the protection of children. Thus, the level of normative formulation does not reflect the basic idea of the child protection law. Formulation studies to the protection of children in conflict with the law in the juvenile justice system in accordance with Law No. 11 Year 2012 has been to accommodate the principle of the best interest of the child with the diversion. Yet undiscovered principles of availability of legal aid in the context of the principle of diversion and diversion control authority. Formulation studies to the protection of children in conflict with the law in the juvenile justice system in accordance with Law No. 11 Year 2012 has been to accommodate the principle of the best interest of the child, among others, by focusing on the handling of children in conflict with the law through diversion measures to promote restorative justice approach. Application policy to the protection of children in conflict with the law in the juvenile justice system involves substantial problems, structural and cultural. Paradigm of retributive justice system is still an idea in Act No. 3 of 1997. Keywords: Criminal Law Policy; child protection, juvenile justice system reform.
PENEGAKAN HUKUM YANG BERKEADILAN DALAM PERSPEKTIF FILSAFAT HERMENEUTIKA HUKUM (Suatu Solusi Terhadap Problematika Penegakan Hukum Di Indonesia) Agus Budi Susilo
Jurnal Hukum dan Peradilan Vol 2, No 3 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.3.2013.449-470

Abstract

The essence of the rule of law is justice. Justice has many meanings, depending on the perspective. Every country often arise various problems, related to the administration of justice in the realm of law. The concept of justice that have been established in a country is not necessarily better when applied to other countries. However, it is possible to mutual influenced or be integrated between each other thinking about the meaning of justice, particularly those having a universal nature. At the philosophical level, each country has own thoughts of the roots, depending on the basic norms and socio-cultural life of the nation. Thus, about the meaning of justice from the view of philosophy, the proper tools are used is hermeneutic. Search justice in the perspective of hermeneutics in the context of law enforcement should also be framed by the perspective of jurisprudence, in order to obtain the intersection and its implementation easier. Keywords: Justice, Hermeneutics, Legal Studies and Law Enforcement.
BENTUK PERLINDUNGAN HUKUM TERHADAP KEKAYAAN MINYAK DAN GAS BUMI SEBAGAI ASET NEGARA MELALUI INSTRUMEN KONTRAK Faizal Kurniawan
Jurnal Hukum dan Peradilan Vol 2, No 3 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.3.2013.471-492

Abstract

State has the power to manage natural resources for the sake of social justice, the general welfare and are used as much as possible the greatest benefit for the greatest welfare of people. Contract law is the main instrument used to protect the state assets including oil and gas. Production Sharing Contract as a legal safeguard for oil and gas, is a fundamental pillar in the effort and utilization management activities of oil and gas. In the contracts involving the Government, called government contract, there is a unique characteristic which is not entirely subject to private law. In principle, the state should not be harmed, called as state immunity. This principle also applies universally in the interest of protecting the state assets. Keywords: Production Sharing Contract, Government Contract, State Immunity, Protection of State Assets Clause.
MASALAH HUKUM DALAM PENGGUNAAN SPEKTRUM FREKUENSI RADIO DI INDONESIA Asril Sitompul
Jurnal Hukum dan Peradilan Vol 2, No 3 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.3.2013.405-426

Abstract

Meanwhile there are nine telecommunications operators in Indonesia have the license to use radio frequency spectrum (Mobile Network Operator – MNO) and some operators that did not have the license. With the increase of the cellular and fixed wireless operators and the increase of users of the internet provided by Internet Service Provider (―ISP‖) through wireless networks using radio frequency spectrum, then the need of Radio frequency spectrum also increased. The effort to overcome the rare radio frequency spectrum conducted by development of radio frequency spectrum technology, among others by using multiple access system. This system may be conducted by division of time, frequency, or code. Other system is by using the concept of Mobile Virtual Network Operator (―MVNO‖) by relationship between the licensed and unlicensed operators, i.e. by leasing of the spectrum. In Indonesia, there was no regulation regarding MVNO, so there was a question about whether the MVNOs include in the category of radio frequency spectrum users and whether or not the MVNO required to have license and pay the BHP for the use of frequency. Therefore it is necessary to have a change in the existing regulations to make clear the status and the existence of the unlicensed users of radio frequency spectrum as the MVNOs. Keyword: Spectrum, users, utilization, MVNO, regulation
KRIMINALISASI HAKIM DAN EKSISTENSI PRINSIP JUDICIAL INDEPENDENCE DALAM BINGKAI NEGARA HUKUM Muh Risnain
Jurnal Hukum dan Peradilan Vol 2, No 3 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.3.2013.325-336

Abstract

Legal policy throught criminalization of judge by the law are abuse of judicial indpence and threat of rule of law principle while regulate by the constitution. And it is shown that quo vadis of criminalization policy when drafting the law. To solve this problem, there are two step, firstly, House of representative and President as state organs who have authority to arrange the law must pay attention principle of judicial indepence and rule of law, second, reorientation of criminal policy. Keywords: Criminalization, Judicial Independence and Rule of Law.
TANGGUNGJAWAB REKTOR SEBAGAI KPA DALAM PENGELOLAAN KEUANGAN PERGURUAN TINGGI NEGERI YANG MENYELENGGARAKAN PENGELOLAAN KEUANGAN BADAN LAYANAN UMUM (PTN PK-BLU) Dewi Kania Sugiharti; Muhammad Ziaurahman; Sechabudin Sechabudin
Jurnal Hukum dan Peradilan Vol 2, No 3 (2013)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.2.3.2013.427-448

Abstract

Universities that apply the concept of Public Service Agency (BLU - PK PTN ) in performing functions as an organ which is engaged in the service infrastructure support through goods or services . As an institution under the auspices of the government and the state budget receives PTN PK - BLU implement mechanisms to acquire goods or services in accordance with the law. However, the procurement process in obtaining goods or services sometimes poses problems that arise as a consequence of the passage of the procurement of goods or services involving the organs in it as PA / KPA , KDP , ULP , and Committee / Receiver Procurement Officer. Rector of the KPA in PK - BLU PTN has the authority to control the organs that carry out the process of procurement of goods / services in the environment . Errors in the procurement process of goods / services performed by the CO and the ULP / Procurement Officer causing state losses due to these errors, either due to negligence or unlawful acts. As the KPA in the process of procurement of goods / services Rector can control the organs in accordance with the authority given. The consequences are acceptable if the authorities ultimately the procurement of goods / services did not heed the warning Rector officials related procurement process of goods / services will receive sanctions. Keywords: Authorized Budget, Financial State.

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