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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 9, No 2 (2020)" : 5 Documents clear
THE EXIGENCY OF HUMAN RIGHTS APPROACHES IN THE INTERCEPTION OF COMMUNICATION BILL: AN EFFORT TO STRENGTHEN THE INDONESIAN CRIMINAL JUSTICE SYSTEMS Agus Suntoro; Nurrahman Aji Utomo; Sapto Hermawan
Jurnal Hukum dan Peradilan Vol 9, No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.2.2020.186-210

Abstract

Tapping in a human rights perspective is a form of limitation of the right to privacy. As an effort to guarantee human rights protection, tapping as a part of The Interception of Communication Bill arrangements must be following the principles of human rights restrictions. Some of the anomalies in The Interception of Communication Bill appear in vague forms and open up the broad ways of potential violations of individual rights. For this reason, the principles of legality and prudence as a form of control over government actions need to offset the urgency of tapping. Data collection methods use discussions and interviews to enrich and test secondary data findings. This research stipulates that The Interception of Communication Bill use tapping as an induced instrument in criminal law enforcement. At the same time, tapping is regulated regardless of the readiness of the legal apparatus; this naturally raises technical problems in the matter of implementation and opens the door to abuse of authority. Furthermore, based on the need for comprehensive regulation, it is necessary to look at a comprehensive regulatory scheme in the legal system. The functional control that is in line with the tapping mechanism needs to look at the character of the Indonesian criminal justice system.
REPOSITION OF CHILD PROTECTION THROUGH THE ENFORCEMENT OF HUMAN RIGHTS AND CONSTITUTIONAL RIGHTS Nanik Trihastuti; Stephanie Apsari Putri
Jurnal Hukum dan Peradilan Vol 9, No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.2.2020.314-335

Abstract

The number of violations of children’s rights in the form of exploitation and violence against children is increasing in Indonesia. The increase is due to the lack of understanding of children’s rights from related parties. Repositioning children’s rights is needed because children need a specific right and specific protection under a specific human rights framework, so that they do not lose power when establishing relationships with adults; where at this point, children are very vulnerable to treatment discriminatory. The repositioning of children’s rights is carried out by making a protection and enforcement of human rights as guaranteed constitutional rights, which is based on the understanding that human rights are human rights in toto and not merely as an individual’s legal rights in their capacity as legal subjects that are legally listed in the applicable law. The failure of the government to carry out this obligation is violation by omission.
THE COMPARISON OF EVIDENCE IN STATE ADMINISTRATIVE COURT BETWEEN INDONESIA AND SOUTH KOREA Fadli Zaini Dalimunthe
Jurnal Hukum dan Peradilan Vol 9, No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.2.2020.232-254

Abstract

The judiciary under the supreme court consists of general courts, religious courts, military courts, and state administrative courts. In each procedural law court, the provisions concerning evidence are regulated. Evidence is the stage where the parties try to convince the panel of judges about the truth of the arguments put forward in a dispute based on valid evidence. Evidence has an important role because the results of evidence can be the basis for consideration by the panel of judges in making a decision. Evidence in the procedural law of the state administrative court is not only carried out in the Indonesian state administrative court but also in the South Korean Administrative Court. The historical development and organizational structure of the South Korean Administrative Court are the basis for analyzing the Evidence in the South Korean Administrative Court. Lessons from the South Korean Administrative Court can see the similarities and differences in the concept of evidence and type of evidence used in the South Korean Administrative Court with the Indonesian State Administrative Court. The approach used in this study is the statutory approach, comparative approach, and conceptual approach.
OPTIMIZATION OF THE ROLE OF ASSET RECOVERY CENTER (PPA) OF THE ATTORNEY-GENERAL’S OFFICE OF THE REPUBLIC OF INDONESIA IN ASSET RECOVERY OF CORRUPTION CRIME RESULTS Aghia Khumaesi Suud
Jurnal Hukum dan Peradilan Vol 9, No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.2.2020.211-231

Abstract

The Asset Recovery Center (PPA) as the Republic of Indonesia General Attorney's unit is responsible for ensuring that asset recovery in Indonesia is conducted with an integrated system that is effective, efficient, transparent and accountable, by tracing, securing, maintaining, seizing, and returning assets of criminal acts of corruption handled by the Prosecutor's Office. However, the number of asset recovery resulting from corruption by the PPA remains small, and the current implementation is only done after a court decision, even though asset tracking should be done before the verdict. In addition, the urgency of its existence remains questionable given its scope is almost equal to the Labuksi KPK and Rupbasan at the Ministry of Law and Human Rights, which indirectly creates a tug of war between the law enforcement units. Therefore, using a normative juridical approach and data obtained directly through library research and interview mechanisms, this paper found the importance of establishing a PPA for the Prosecutor's Office related to its duties and functios, as described in the Law and other regulations in the recovery of assets resulting from corruption, which does have a different position from the Labuksi KPK and Rupbasan. This paper also discusses the steps that must be taken by the Prosecutor's PPA to optimize the work of the Prosecutor's PPA so that assets resulting from corruption can be recovered quickly, effectively and transparently.
ABOLITION OF PARATE EXECUTIE AS A RESULT OF CONSTITUTIONAL COURT RULING NUMBER 18/PUU-XVII/2019 Antonius Nicholas Budi
Jurnal Hukum dan Peradilan Vol 9, No 2 (2020)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.9.2.2020.255-274

Abstract

Constitutional Court Ruling Number 18/PUU-XVII/2019 have caused changes to the method of execution in fiduciary security rights, by introducing, through the Court Ruling’s third judgement, either voluntary or legal effort requirement to the acknowledgement of breach of contract in the exercise of parate executie. This is due to the Court having erred in considering parate executie as connected to executoriale titel. This paper first aims to delineate parate executie as a distinct method of foreclosure from executoriale titel using a conceptual approach. By further using this approach, this paper shows that the effect on foreclosure in fiduciary right is that executoriale titel is unaffected while foreclosure in parate executie is effectively abolished. However, law practitioners should still be able to use a subpoena to notify creditors as to the breach of contract to fulfill legal effort requirements. Second, this paper discusses whether the Constitutional Court Ruling impairs exercise of parate executie in other security rights by comparing it to Supreme Court Ruling Number 3210/K/Pdt/1984, dated 30 January 1986, which impairs the exercise of parate executie in Mortgage, before being remedied by implementing regulation of the Auctioneer Office. Using that approach, the ruling is can be shown to have a chilling effect on the exercise of parate executie. The article ends with the suggestion that further guidance is needed in the form of implementing regulation, both by the Supreme Court or the Auctioneer Office.

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