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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
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Search results for , issue "Vol 8, No 2 (2019)" : 5 Documents clear
CAUSES OF RADICALISM BASED ON TERRORISM IN ASPECT OF CRIMINAL LAW POLICY IN INDONESIA Fitri Wahyuni
Jurnal Hukum dan Peradilan Vol 8, No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.196-213

Abstract

The phenomenon of radicalism based on terrorism in Indonesia shows a frightening symptom. This can be seen from a number of events that took place in several cities in Indonesia which took action in the name of acts of terror or terrorism such as the 2nd Bali Bombing which killed 22 people and 102 injured. The JW Marriot and Ritz Calton Hotel bombings in 2009 killed nine people and 50 people were injured and the Sarinah Plaza Bomb Jl. MH Thamrin Jakarta on January 14, 2016. With the many actions in the name of terrorism, it is necessary to take steps to anticipate similar actions not being repeated back. This study wants to examine and analyze further about efforts to counter terrorism-based radicalism in Indonesia through criminal law policy. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The policy in counteracting terrorism in Indonesia is carried out through criminal law policies, namely criminal law policies through means of reasoning and non-reasoning. Penal means in the form of granting criminal sanctions for perpetrators of terrorism with the threat of imprisonment to the most severe threat in the form of capital punishment. But this effort has not provided a deterrent effect for the perpetrators. In criminal law, punishment is not an end in itself and is not the only way to achieve criminal objectives or objectives of the criminal justice system. Therefore another effort is needed which in criminal law is known as a non-reasoning effort.
THE ENFORCEMENT OF GOMPONG IN THE QANUN OF ACEH AND ITS RELATIVE POSITION IN THE INDONESIAN CONSTITUTION Mizaj Iskandar
Jurnal Hukum dan Peradilan Vol 8, No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.255-274

Abstract

This paper aims to learn how the Qanun of Aceh, particularly Qanun No. 4 on Mukim and Qanun No. 5 on Gampong Government enforce Gampong as a government body. It further compares the hierarchical relationship between the qanun and the higher regulations in Indonesia such as Village Government Act No. 32 of 2004, Privileges of Aceh Act No. 44 of 1999, Special Autonomy No. 18 of 2001 and Aceh Government Act No. 11 of 2006. The study found that the Qanun integrates Acehnese identity coupled with the Islamic values into the Gampong institution. The Qanun on Gampong Government, in fact, does not negate any higher regulations in the Indonesian constitution. The principle of decentralization implemented post-Orde Baru requires a massive change in the government system in Indonesia from the centralized system of local state government, to local self-government and finally the decentralized system of the local community. The Qanun on Gampong government is in line with the local community spirit due to greater public participation channeled through Reusam Gampong. Reusam Gampong is the public aspiration, and its application shall not conflict with the higher regulation. In its cultural manifest, Resuam Gampong is an instrument that promotes the marriage between culture and religion into a single government body.
EXONERATION CLAUSE ON LAW OF CONSUMER PROTECTION: EFFECTS AND LEGAL EFFORTS Jefferson Hakim
Jurnal Hukum dan Peradilan Vol 8, No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.297-314

Abstract

Legal disputes between entrepreneurs and consumers are currently caused by several things, one of which is the inclusion of an exoneration clause. The inclusion of the clause has clearly contradicted Law Number 9 of 1999 concerning Consumer Protection and has detrimental to the rights held by the Consumer. In addition, in terms of the Agreement Law, the entreprenurs that includes the exoneration clause clearly does not heed the principle of good intentions by utilizing the weak position of the consumer. The violation of the rights held by consumers, consumers can claim compensation and sue the entrepreneurs through various legal remedies. given by law. In this study also will discuss the legal consequences and legal efforts that can be submitted by the Consumer for the application of the Exoneration Clause in an agreement. The research method that will be used in this research is normative juridical, namely the approach using various data sources such as articles of legislation, various legal theories, and scientific works of scholars. The data used in this study comes from secondary data and tertiary data collected in accordance with the object written. After that, all legal materials that have been collected are inventoried and identified according to the problems that have been formulated. The conclusion of this study is to provide a legal understanding to consumers who are disadvantaged by the inclusion of an exoneration clause and provide advice in the form of legal remedies that can be taken.
ADVOCATE PROFESSION TOWARDS AUTOMATION IN INDUSTRIAL REVOLUTION 4.0 ERA Qur'ani Dewi Kusumawardani
Jurnal Hukum dan Peradilan Vol 8, No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.166-195

Abstract

Legal service and business competition have changed in the last decade because of technology changes. Artificial Intelligence technology in the form of robots, chat bots, and digital assistants will influence the practice of law in industrial revolution 4.0 era. By 2025, based on The Learning Generation report, released by the United Nation Commissions on Financing Global Opportunity, said that half of the world’s jobs are at high risk to get the impact of automation in the coming decades. Legal profession such as lawyer will feel this impact, with the emergence of robot lawyers. The method used in this paper is a juridical normative method with statute approach and conceptual approach, and descriptive analysis. The results will be obtained from this study; firstly, correlation between advocate profession and automation. Secondly, law field which will get impact from automation. Thirdly, what the lawyer should prepare to face the condition of radical technology changing in Industry 4.0, because in this Era, we must innovate more rather just imitate past glory.
HOW DEMOCRACY IS ELECTION? REASSESSING ARTICLE 18 (4) OF THE 1945 CONSTITUTION AND ITS IMPLICATION TO THE REGIONAL HEAD ELECTION IN INDONESIA Muhammad Bahrul Ulum
Jurnal Hukum dan Peradilan Vol 8, No 2 (2019)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.8.2.2019.315-332

Abstract

This paper aims to reassess the term “elected democratically” in Article 18 (4) of Indonesia’s revised 1945 Constitution which resulted in the competing interpretation over the appropriate method for selecting heads of regional governments in Indonesia. In fact, the flexibility of such a term was challenged and negotiated to formulate an appropriate mechanism to select heads of regional governments. In 2004, the Constitutional Court concluded that the legislative body was the ultimate institution to interpret “elected democratically” so that this institution can opt whether a regional head election or an indirect election to define such a term. While the regional head election was applied, including its dispute settlements over electoral results to the Constitutional Court, this Court considered a different argument. In 2013, the Constitutional Court reinterpreted such an article by highlighting that the regional head election should be exempted from the general election subjected to Article 22E (2) of 1945 Constitution. In 2014, President Yudhoyono’s rejection from his agreement after the enactment of the Selection of Heads of Regional Governments Bill put further juridical contentions in which the President finally revoked the adoption of the regional head voting by the Regional People’s Representative Council or Dewan Perwakilan Rakyat Daerah (DPRD). As a consequence, the regional head election has been re-adopted and this regional election has remained to be expected to improve the performance of local democracy. The introduction of this direct election model at the regional level, however, questions the important role of political parties because the adoption of this election was substantially to answer public distrust against them. In particular, the debate whether political parties work becomes intense after non-party candidates are allowed to contest to this election.

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