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Agus Rahmad
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INDONESIA
Jurnal Hukum dan Keadilan
Published by PT Hafasy Dwi Nawasena
ISSN : -     EISSN : 30316782     DOI : https://doi.org/10.61942/jhk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong variables in the research are still legal analysis in accordance with the scope and focus described above.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
 1   2 
HARMONISASI HUKUM ADAT HUKUM PERTAHANAN NASIONAL TERKAIT KEPEMILIKAN TANAH DALAM RANGKA PROYEK STRATEGIS NASIONAL Agus Rahmad
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2023): JHK-Desember
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i1.43

Abstract

Based on the infrastructure development plan, there are 201 national strategic infrastructure projects, including toll roads, ports, airports, railways, industrial estates, economic zones, housing, dams, irrigation networks, drinking water sector, sanitation, sea wall industry, energy sector, technology industry and education. The research utilizes a normative juridical approach. Land in Indonesia is regulated in the Basic Law on Agriculture which contains customary law, especially the recognition of customary rights as stated in Article 5 of the Basic Law on Agriculture which stipulates that the agrarian law that applies to land, water and space is customary law, as long as it does not conflict with national and state interests based on the basis of national unity, with the socialism of the Indonesian Union and with the provisions in this law and other regulations, everything taking into account factors based on religious law. The normative juridical approach is an approach that is carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. Customary law has an important role in the development of national agricultural law, especially the Basic Agricultural Law (UUPA) which is the basis and guidelines in regulations relating to agricultural practices.
KEPASTIAN HUKUM CYBER NOTARY DALAM KAEDAH PEMBUATAN AKTA NOTARIS DAN PPAT TERKAIT BERHADAPAN OLEH PARA PIHAK Alex Ramalus
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2023): JHK-Desember
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i1.44

Abstract

Indonesia is a state of law with a form of state government contained in the 1945 Constitution. This concept was born from the struggle of the Indonesian people to break away from the entanglement and arbitrary actions of the authorities. Globalization encourages cultural, economic, social and legal developments that become the basis of thought for all parties involved. The most obvious current of globalization is the rapid development of information technology known as the Digitalization 4.0 Era. This is supported by the ease of accessing information via the internet. The development of information and communication technology cannot be separated from the concept that humans are social creatures. The process of managing conventional legal products that can only be accessed offline can now be done online, known as cyber notary. The research method used is normative juridical research. The research was conducted by examining theories, concepts and laws and regulations related to the research. Until now there is no specific law governing cyber notary in Indonesia. The establishment of a special law on cyber notary is needed to provide legal certainty in the implementation of cyber notary, so that it has a stronger evidentiary value as an authentic deed. The implementation of Cyber notary can be facilitated by electronic signatures or fingerprints to create an authentic deed
POLITIK HUKUM PEMBERANTASAN TINDAK PIDANA KORUPSI YANG MERUGIKAN KEUANGAN NEGARA UNTUK MEWUJUDKAN KEMANFAATAN HUKUM SERTA KESEJAHTERAAN MASYARAKAT Moh. H. Hasyim Asy’ari
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2023): JHK-Desember
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i1.46

Abstract

Corruption is still a major problem in developing countries. Corruption has become a fundamental problem and is even rooted in the fabric of society in Indonesia, making it difficult to eradicate. Corruption eradication has been attempted through various means but until now corruption still thrives in Indonesia. Corruption in Indonesia is further exacerbated by the times and the human mindset that prioritizes material life. Based on the 2022 year-end report survey conducted by ICW (Indonesian Corruption Watch) shows that the eradication of corruption perception index (IPK) in Indonesia decreased from a score of 38 to a score of 34, making Indonesia ranked 110 out of 180 countries. According to records released by TI Indonesia, Indonesia is currently ranked 1 (one) or 3 (three) of the most corrupt countries in the world and in Southeast Asia lags far behind Singapore, Malaysia, Timor Leste, Vietnam and Thailand. The research method is normative juridical research. The research was conducted by examining theories, concepts and laws and regulations related to the research. Corruption crimes will cause state losses but also a decrease in the quality of public services. This is because the judicial process of corruption has a very large cost allocation in its settlement. The government needs to reform the law governing the crime of Corruption in order to create a more effective and effective legal system.
FORMULASI PEMISAHAN LEMBAGA PEMASYARAKATAN DARI KEMENTERIAN HUKUM DAN HAM UNTUK MEWUJUDKAN KEMANFAATAN HUKUM DALAM TATA KELOLA LEMBAGA PEMERINTAHAN Riko Hamdan
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2023): JHK-Desember
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i1.47

Abstract

As a state of law, Indonesia must fulfill the concept that this country is a state of law based on constitutional, adheres to the principles of democracy, and recognizes and protects human rights with impartial and free justice. This means that society must carry out government functions based on the Law that has been stipulated in the 1945 Constitution. The approach used in this research is normative juridical. The normative juridical approach is an approach based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. This research is conducted by conducting a literature review or secondary data through the review of primary, secondary, tertiary legal materials in the form of documents and applicable laws and regulations.The formulation of the separation of the Correctional Institution from the Ministry of Law and Human Rights is needed as an effort to improve the effectiveness of guidance and consideration of executions sentenced to prisoners. The Correctional Institution has the authority over decisions related to sentences imposed on prisoners. Because, the decision of the release letter must be based on the approval of Kalpas until the death sentence can be evaluated if there is a letter of good behavior recommended by the prison.
FORMULASI NON PROSECUTION AGREEMENT (NPA) DI INDONESIA TERKAIT TINDAK PIDANA PENCUCIAN UANG DENGAN PIDANA ASAL TINDAK PIDANA KORUPSI GUNA MEWUJUDKAN NILAI KEMANFAATAN Yan Patmos
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2023): JHK-Desember
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i1.48

Abstract

Since the reform era until now various efforts and efforts to prevent and eradicate corruption have been made by the government, but corruption in Indonesia still exists, in the context of development in all fields of life. One of the most rampant corrupt practices in Indonesia is the practice of money laundering, which does not show clear or transparent activities as well as ordinary crime. Normative legal research is used as a research methodology. The purpose of the perpetrators disguising or bleaching the assets of the illegal business is to protect or cover up their criminal activities or illegal business which is the source of funds or money to be cleaned or laundered. Normative research focuses on a list of positive, systematic laws and concepts about the applicable law. This research uses secondary legal sources, which are evaluated through qualitative descriptive analysis. . The cost of handling a case that is not small becomes an additional problem in the settlement of money laundering cases with criminal origin. The absence of Asset Forfeiture Law is also an obstacle in terms of law enforcement. Problems arising from operational costs in pursuing TPPU assets and their maintenance are sometimes not balanced with the value of these assets through the state auction system. Therefore, legal development is needed so that the enforcement of criminal offenses by law.
Regulating The Use Of Smart Contract In Indonesia Fitri Arianti Saputri
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.84

Abstract

There are many characteristics of the industrial revolution 4.0, one of which is the rapid development of technology, one of which is the existence of smart contracts. A smart contract is an agreement made by two or more parties that is generated automatically from a code guaranteed by a technology called blockchain. Nick Szabo was the first to introduce smart contracts. In Indonesia, smart contracts do not yet have specific arrangements in their implementation. There are only basic arrangements regarding agreements, namely in Book III of the Civil Code to be precise in Article 1320, as well as arrangements regarding electronic contracts in Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions. However, even though this smart contract only contains basic rules, it does not make it an agreement that is prohibited by the government, as long as an agreement or contract does not conflict with the law and meets the basic requirements, an agreement can be legally binding. Therefore, in this writing, it is necessary to further examine what are the rules governing smart contracts in Indonesia. The research method applied in this paper is to use qualitative normative juridical, which is a separate focus in describing a problem related to regulations or rules that exist in Indonesia. The results of this study will then find a broader elaboration of regulations for the use of smart contracts in Indonesia and how this smart contract system can work using blockchain technology.
Validity Of Marriage And Registration Of Different Religions After The Constitutional Court Decision Number 24/PUU-XX/2022 (Study of Determination Number 155/PDT.P/2023/PN.Jkt.Pst) Nurul Fadilah; Burhanudin Harahap; Hari Purwadi
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.112

Abstract

This study aims to analyze the considerations of the Central Jakarta District Court Determination Number 155/PDT.P/2023/PN.Jkt.Pst which granted the registration of interfaith marriages in the perspective of the Indonesian legal system and its implications for the duties and authority of Notaries. This research is prescriptive with a statutory case approach and case approach method. The legal materials used are primary legal materials and secondary legal materials. The legal material collection technique is done through literature study. The research analysis is done by deductive method. The research found that by ignoring the Constitutional Court decision, in essence, the judge of the Central Jakarta District Court has reduced the position of the Constitutional Court as the guardian of the constitution and the Pancasila ideology. Considering that Pancasila is stated in the Preamble of the 1945 Constitution. Therefore, negating the Constitutional Court decision means the same as negating the Constitution and Pancasila. The Determination of the Central Jakarta District Court Number 155/PDT.P/2023/PN.Jkt.Pst indirectly affects the validity of marriage agreement deeds made by notaries. To avoid legal problems in the future for notaries and the parties involved, notaries must adhere to the principle of caution and provide legal counseling to the parties who will make interfaith marriage agreement deeds before a notary.
Legal Consequences Of Annulment Of A Prenuptial Agreement In Marriage Between Individuals Of Different Nationalities Joice Soraya; Muhammad Ansy Althafzufar
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.116

Abstract

The author discusses the effects of annulment of prenuptial agreements in mixed marriages and how it affects the ownership of flats on land acquired after the marriage. Marriages between individuals of different nationalities often involve complex legal aspects, especially in the context of the annulment of prenuptial agreements. This research aims to investigate the legal consequences of annulment of prenuptial agreements in marriages between individuals of different nationalities. The text utilizes a normative legal approach conducted through literary research and a legislative approach. The study demonstrates the consequences of nullifying a prenuptial agreement in a mixed marriage, leading to joint ownership of assets acquired during the marriage and potentially affecting the ownership rights of apartment units on freehold land. Indonesian residents may lose their rights to an apartment unit (sarusun) in a freehold property if a prenuptial agreement was not made in a mixed marriage, as per domestic rules. After invalidating the prenuptial agreement, the Court should provide provisions to legally protect Indonesian citizens (WNI) regarding the ownership of apartment units on land with property rights status.
Community Participation in the Formation of Regional Regulations to Realize the Indonesian Welfare State Wahyu Hindiawati
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 2 (2024): JHK-February
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i2.118

Abstract

The 1945 Constitution of the Republic of Indonesia (UUD 1945), as the basic law, is a general agreement (consensus) of citizens regarding basic norms (grundnorm) and basic rules (grundgesetze) in state life. This agreement primarily concerns shared goals and ideals. Sovereignty is held by the people. People's active participation includes, among other things, political activities and government activities. Active participation from the people includes, among other things, decision making, implementation and monitoring of policies. It is from this large participation of the people that can create a government of the people, by the people, and for the people in order to realize prosperity. This research uses normative legal research methods or what is usually called normative legal research. Normative legal research is research carried out by analyzing or studying the laws and regulations that apply or are applied to a particular legal problem. The results and conclusions of this research are as follows: 1) In the formation of regional regulations, community aspirations are needed and of course balanced with community involvement, including 1. Involvement in drafting regional regulations; 2. Involvement in the process of discussing regional regulations; 3. Involvement in the implementation of regional regulations; 2) Implementation of regional regulations in realizing prosperity, namely regional regulations can be interpreted as community services at the provincial, district/city level. The government must be able to create development of community creativity in order to achieve shared prosperity.
IMPLEMENTATION OF ONLINE DISPUTE RESOLUTION (ODR) IN INDONESIA’S E-COMMERCE DISPUTES (COMPARATIVE STUDY WITH USA) Imam Haryanto; Muthia Sakti
JHK : Jurnal Hukum dan Keadilan Vol. 1 No. 3 (2024): JHK-APRIL
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i3.121

Abstract

ODR is the best alternative dispute resolution option in resolving E-Commerce disputes. In 2020, BANI has implemented this mechanism, but there are still shortcomings in its application. Because the existing obstacles have not been fully resolved. Adopting, and imitating the mechanisms, processes, and arrangements of countries that have successfully implemented ODR in their countries is one way to make the implementation of this mechanism successful in Indonesia. The normative legal research method is used by the author in writing this final project. The theory used is legal protection and certainty. Legal protection is used so that in analyzing the formulation of the problem it remains to protect the community from the law that will apply without the interests of the authorities. Restorative justice is used when the author concludes the deficiencies in the comparison of the two countries. All of this is done so that the author can analyze and conclude about the opportunities and obstacles to the implementation of ODR in Indonesia, as well as draw conclusions regarding the comparison between the two countries, in this case the United States and Indonesia. So that in the future ODR can be used as an option by all LAPS and the government can issue special arrangements related to ODR so that people do not hesitate in choosing this option in alternative dispute resolution, both E-Commerce business disputes and other civil disputes.

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