Comparative and Foreign Law Commons^™

Implementasi Pasar Modal Syariah: Fenomena Saham Syariah Sebagai Isu Kapitalisasi Halal Di Indonesia, Afifatul Munawiroh, Rumawi Rumawi

Jurnal Hukum & Pembangunan

This article is a research-based in a study library reseacrh. The theme raised in this study is Sharia Stocks as an Issue of Halal Capitalization in Indonesia. Sharia stocks are investments in the capital market which are based on Islamic-based rules. Investors in Islamic stocks are not only from Muslims but, non-Muslims can also invest in sharia shares. There are three important questions in this research. First, what is meant by Islamic stocks? Second, how the interaction of investors on Islamic stocks so that it becomes a national capitalization issue? Third, what is the implications of Islamic stocks as a …

Kebijakan Pelaksanaan Paten Pemerintah Untuk Produk Obat Dan Vaksin: Diskursus Sistem Pelindungan Kekayaan Intelektual Dalam Perdagangan Internasional, Suyud Margono

Jurnal Hukum & Pembangunan

Intellectual Property Protection system has contradiction with the Government's use of Patent Implementation Policy for Pharmaceutical Products, Medicines and Vaccines occurs in addition to the increasing need for Medicines and vaccines in the Covid-19 pandemic situation, due to the provisions of the Trade Related Aspect of Intellectual Property Rights (TRIPs) Agreement in International trade has become a legal instrument that makes intellectual property exclusively. Identification of this research problem among others: What should be the Exploitation and Protection Policies for Inventions of Vaccine Patent Products so that there are no contradictions in the Intellectual Property Rights (IPR) System for International …

Pusaran Konflik Agraria Dan Model Resolusi Konflik Berbasis Keadilan Restoratif, Nurnaningsih Nurnaningsih

Jurnal Hukum & Pembangunan

Land acquisition for public purposes does not really provide a solution for the National Strategic Project (PSN). Many land conflicts continue to occur as a result of this. The construction of the Bener Dam in Wadas Village, Bener District, Purworejo Regency, Central Java Province is one of the conflicts over the PSN. For that we need a solution that guarantees justice and legal protection for the people in Indonesia.

Implementasi Akomodasi Yang Layak Bagi Penyandang Disabilitas Dalam Proses Penyidikan Di Kepolisian Kabupaten Sleman, Rosa Pijar Cahya Devi, Ignatius Loyola Iswaradatta Prasetio

Jurnal Hukum & Pembangunan

Indonesia is a country that upholds human rights. The manifestation of Indonesia's commitment to supporting human rights is to provide equal opportunities for every citizen to access justice. To provide fair treatment so that every citizen can access justice, Indonesia provides affirmative discrimination to vulnerable groups through laws and regulations. One of affirmative discrimination is provided to groups with disabilities. Through Government Regulation No. 39 of 2020 on Procedural Accommodation for Persons with Disabilities in the Judicial Process, Indonesia regulates what rights must be given to persons with disabilities to be able to participate in any judicial process based on …

Evaluasi Pelaksanaan Peradilan Daring Di Pengadilan Agama Jakarta Selatan Untuk Mengoptimalisasi Penyelesaian Perkara Perceraian Selama Pandemi Covid-19, Heru Susetyo, Satrio Alif Febriyanto, Rosalinda Estevani Kardinal

Jurnal Hukum & Pembangunan

To facilitate judicial process implementation during the COVID-19 Pandemic, courts can be conducted online. Besides preventing mass gatherings that avoid during the COVID-19 Pandemic, online courts also have other benefits to shortening time and saving court costs. The study of online justice application at the South Jakarta Religious Courts aims to find out online justice application in the divorce cases settlement with the final result of an online justice application evaluation in the divorce cases settlement during the COVID-19 Pandemic that can be used as evaluation material for stakeholders so that online courts can conduct better in the future. The …

Tinjauan Terhadap Tindak Pidana Pelaku Kekerasan Seksual Yang Dilakukan Oleh Anak: Studi Di Pengadilan Tindak Pidana Kekerasan Seksual Pada Pengadilan Negeri Tanjung Karang, S. Endang Prasetyawati, Tami Rusli, Yolanda Anindya D.S.

Jurnal Hukum & Pembangunan

Children are frequently the victims of sexual violence crime, but they can also commit sexual violence. The absence of parental monitoring led to this occurrence. The purpose of this study was to determine the research process on criminal acts of sexual violence committed by children and the judge’s considerations in cases of criminal acts of sexual violence committed by children. This study adopted a normative juridical approach as its methodology. Legal normative data sources, gathering information through outdoor investigation and library study. Data analysis employed legal qualitative. Accroding to the findings of the study and discussion, judges should take into …

Pembagian Hasil Migas Melalui Cost Recovery Dan Gross Split Bagi Sebesar-Besarnya Kemakmuran Rakyat Menurut Uud Nri Tahun 1945, Athari Farhani, Faiqah Nur Azizah, Panggalih Usadhani, Faridh Kurniawan

Jurnal Hukum & Pembangunan

Indonesia is a country with abundant natural resources. In oil and gas, two models of product sharing contract are known, namely through cost recovery and gross split. Through Permen of ESDM Number 12 of 2020 concerning the Third Amendment to Regulation of the Minister of Energy and Mineral Resources Number 8 of 2017 concerning Gross Split Production Sharing Contracts, which through this regulation the government makes it easy for contractor entrepreneurs to choose the Gross Split and Cost Recovery model schemes. Meanwhile, the 1945 Constitution of the Republic of Indonesia has outlined that natural resources are controlled by the state …

Optimalisasi Kewenangan Majelis Permusyawaratan Rakyat (Mpr) Dalam Sistem Ketatanegaraan Indonesia, Raden Roro Evitasari Yurika Anggraini, Ryan Muthiara Wasti

Jurnal Hukum & Pembangunan

In the Indonesian constitutional system, it is very influential on changes to the amendments UUD 1945 which in these changes to state institutions of course experience differences in authority from before the amendment and after the amendment. Regarding these changes, MPR may experience many changes in it regarding the position and authority in the Indonesian state administration. The MPR is no longer the highest state institution as before the amendment, which is now in parallel with other institutions. So in the Indonesian state administration, there are no higher state institutions between one another. With this change, the MPR's authority has …

Implikasi Penambangan Emas Ilegal Pada Masyarakat Adat Yonamami Amazon Brasil, Trini Diyani, Tiurma Mangihut Pitta Allagan

Jurnal Hukum & Pembangunan

The study seeks to understand the implications of mining on the rights of the Yanomami Indigenous Peoples of theBrazilian Amazon. Brazil has great potential for mining activities in the future. However, in recent years there has been a large number of illegal gold mining activities contributing greatly to the environment both physically and socially. Illegal mining leads to clashes between miners and the Yanomami tribe as well as severe environmental degradation. These miners are estimated to account for about a third of Brazil's gold production. Illegal gold mining in the Amazon increases deforestation and water pollution resulting in deforestation of …

Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji

PhD Dissertations

Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …

Analisis Yuridis Sanksi Pidana Pelanggaran Pasal 281 Jo 77 Ayat (1) Undang Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Di Wilayah Hukum Polres Serang Kota, Januar Alihamzah, Benny Irawan, Dadang Herli

Jurnal Hukum & Pembangunan

Law Number 22 Year 2009 concerning Road Traffic and Transportation (LLAJ Law) explains that traffic order and road transportation is a traffic condition that takes place regularly with the rights and obligations of every road user. Every motorized vehicle driver is required to have a driving license (SIM) in accordance with the provisions of Article 77 paragraph (1) of the LLAJ Law. The fact that happened in the jurisdiction of the Serang Kota Police, there were 156 cases of violations of Article 77 paragraph (1) of the LLAJ Law which were decided by the Serang District Court with fines whose …

Konsep Pelaksanaan Keputusan Tata Usaha Negara: Menguji Asas Presumtio Iustae Causa Dalam Sengketa Tata Usaha Negara, Indah Fitriani Sukri, Anna Erliyana

Jurnal Hukum & Pembangunan

In the implementation of the State Administration Decree (KTUN), the principle of presumtiousta causa is known as part of the implementation of the KTUN in order to resolve state administrative disputes. This principle means a state administration decision which is always considered valid. This decision will be invalid if there are new decisions that cancel or revoke the previous decisions. In its formation, the administrative court or state administration court has the objective to provide protection for the rights of the people derived from individual rights as well as to protect the rights of the community based on the common …

Kebijakan Countercyclical Sebagai Upaya Kesejahteraan Masyarakat, Made Cinthya Puspita Shara

Jurnal Hukum & Pembangunan

The high level of economic growth in Indonesia is in line with the development of businesses that increase capital by making credit agreements with financial institutions. The state of the spread of the co-19 pandemic case has been declared a national disaster, impacting on the implementation of credit agreements between the debtor and financial institutions. Economic problems make it difficult for people to carry out their obligations. Countercyclical buffer policy is a buffer that is carried out by providing additional capital to replace losses if excessive credit growth occurs which has the potential to disrupt financial stability. Bank Indonesia Policy …

Dilema Praktik Dumping Dan Hukum Antidumping : Antara Kepentingan Pengusaha (Produsen) Dan Masyarakat (Konsumen), Yulianto Syahyu

Jurnal Hukum & Pembangunan

Antidumping provisions have been listed since the agreement of GATT in 1947, and provisions regarding anti-dumping agencies are regulated in Article VI GATT. The provision also recommends that each member state implements the provisions of GATT in their respective national legal systems. As a form of implementation of these provisions in the national legal system, Indonesia has issued regulations governing Antidumping. However, there is a dilemma in terms of dumping practices and the implementation of anti-dumping laws in Indonesia, because in this case it must be seen from two sides of interest, not only in terms of the interests of …

Nilai-Nilai Pancasila Di Tengah Perubahan Peta Geopolitik Global: Analisis Kepentingan Nasional Dalam Pembentukan Kebijakan Hukum, Kris Wijoyo Soepandji, M. Sofyan Pulungan

Jurnal Hukum & Pembangunan

Pancasila as the basis of the state is the main guideline for Indonesian political and social life. In the field of law, Pancasila has been determined as the main source national legislation process. However, the competing interests in formulation of legal policies sometimes put Pancasila values at difficult position to be implemented. Indonesian lawmakers should end the unfavorable situation by utilizing geopolitical knowledge. Moreover, currently there is important change in the global geopolitical map which provides opportunity for Indonesia to make legal policies which are in accordance with its national interests. This research was conducted based on the inter-disciplinary legal …

Kajian Hukum Terhadap Pengembangan Fintech Syariah Di Indonesia, Irham Virdi

Jurnal Hukum & Pembangunan

In meeting the needs of today's financial services that are entering the era of digitalization, a service is needed following the developing financial technology. The existence of Islamic financial technology (fintech) is an alternative to fulfill the needs of financial services at this time. As one of the countries with the largest Muslim population in the world, Islamic fintech can be an option and has great potential because it follows current technological developments and sharia. However, the implementation of Islamic fintech faces various obstacles, including its regulation, the obligation of DPS, technical implementation, and human resources. For this reason, a …

Buka Siape Sambehin Injin: Komentar Atas Putusan Tentang Izin Lingkungan Pltu Celukan Bawang, Andri Gunawan Wibisana, Fajri Fadhillah

Jurnal Hukum & Pembangunan

This paper examines administrative court’s view in the Izin Lingkungan PLTU Celukan Bawang case. The paper puts emphasis on the use of actual losses to assess the plaintiffs’ legal standing and the deadline for filing a lawsuit. This paper considers that the court was incorrect in interpreting the legal standing by focusing on the absence of plaintiffs’ actual losses. The court also took a conservative position in determining the deadline for filing the lawsuit. This paper criticizes the court’s failure to take into account the issue of climate change addressed by the plaintiffs, so that the court missed a golden …

Penyelesaian Sengketa Bedrog (Penipuan) Dalam Perjanjian Jual Beli Kayu: Onrechtmatige Daad Atau Wederrechtelijk? (Studi Kasus: Putusan Mahkamah Agung Nomor: 449k/Pid/2001), Sri Laksmi Anindita, Eriska Fajrinita Sitanggang

Jurnal Hukum & Pembangunan

Criminalization Of Civil Disputes Is A Common Case In Indonesia. This Case Can Occur Because An Act Or Action May Violate Two Laws At The Same Time, Those Are Civil Law And Criminal Law. The Intersection Between A Civil Dispute And A Criminal Act Does Not Only Make The Borderline Between Civil And Criminal Cases Thin. Settlement Of Disputes Over Acts That Contain Elements Of Fraud Arising From A Contractual Relationship Through Civil Law Mechanisms By Filing A Lawsuit (Onrechtmatige Daad Or Default) Or Criminal Law Mechanisms (Wederrechtelijk), Is Often Confusing. How To Determine An Act With An Element Of …

Kedudukan Putusan Mahkamah Konstitusi Dalam Hukum Ketenagakerjaan (Kajian Terhadap Putusan Mahkamah Konstitusi No. 37/Puu-Ix/2011), Suparto Suparto, Zulkifli Zulkifli

Jurnal Hukum & Pembangunan

Law Number 13 of 2003 concerning Manpower is one of the laws that is subjected to a judicial review to the Constitutional Court (MK). One of the reasons for filing a judicial review is that the application of Article 155 paragraph (2) has the potential to create legal uncertainty, given the absence of a clear interpretation of the clause " not yet defined ”. The Constitutional Court Decision No. 37 / PUU-IX / 2011 granted the petitioners' petition, and stated that the phrase "not yet established" was interpreted as "not yet legally binding". As a result, the process fee during …

Peranan Hukum Rahasia Dagang Dalam Pembangunan Ekonomi: Undang-Undang Dan Putusan, Tantowi Akbar

Jurnal Hukum & Pembangunan

There are five qualities required for a law to be said to have a role in the economic development of a country: stability, certainty, justice, education, and the special abilities of lawyers. One of the laws in Indonesia which closely related to the national economy is Trade Secret Law Number 30 Year 2000. This trade secret law should be able to comply these qualities. Therefore, this trade secret law has a role in national economic development in Indonesia. On the other hand, the Verdic of the Supreme Court of the Republic of Indonesia Number 332K/Pid.Sus/2013 concerning trade secret matter could …

Pembaruan Hukum Perlindungan Hak Atas Kesehatan Reproduksi Perempuan Di Indonesia, Aulia Nabila, Yunita Desmawati

Jurnal Hukum & Pembangunan

The right to reproductive health is a part of the human rights regime that must be guaranteed by states. Provisions of women’s right to reproductive health in Indonesia are found separately in various legal instruments. However, the regulations are not comprehensive, vague, and gender-biased. Using human rights and feminist perspective, this article analyses the issues relating to women’s right to reproductive health in statutes and other legal instruments, as well as formulates a concept of revision of the law of women’s right to reproductive health. This article concludes that regulations regarding women’s right to reproductive health contain provisions that are …

Moralitas Publik Sebagai Dasar Pembenar Terhadap Kewajiban Sertifikasi Halal Produk Makanan Di Indonesia Berdasarkan Gatt-Wto 1994, Neni Ruhaeni, Eka An Aqimuddin, Hadian Afriyadi

Jurnal Hukum & Pembangunan

In principle, World Trade Organization (WTO) prohibit each member states to make policy, both tarrif and non tarrif, which potentially disturb international trade. Nevertheless, there are exceptions that can be used by the state as a basis for justification to hold trade policy which consider contratry to WTO law. One of them is to protect public morality. The Halal Product Assurance Act (UUJPH) stipulate obligation of halal certification for food products that enter, circulate and trade in Indonesia. This act is considered as a protective and discriminatory policy. This research founds that although some provisions in UUJPH are discriminatory and …

Telemedicine (Online Medical Services) Dalam Era New Normal Ditinjau Berdasarkan Hukum Kesehatan (Studi: Program Telemedicine Indonesia/Temenin Di Rumah Sakit Dr. Cipto Mangunkusumo), Wahyu Andrianto, Amira Budi Athira

Jurnal Hukum & Pembangunan

Health is an important basis for the continuity of human life. Every human being has the right to have access to safe, quality, and affordable health services. However, in reality health services in Indonesia still have several obstacles, for examples the lack of health care for remote areas which is hindered by distance and time. Especially during the Corona Virus Disease 2019 (COVID-19) pandemic, a solution is needed to serve public health without violating the regulations that enforce Large-Scale Social Restrictions (PSBB) to prevent the spread of the virus. For this reason, one of the efforts that can be carried …

Hambatan Dan Prospek Hukum Penyelenggaraan Jasa Notaris Secara Elektronik Di Indonesia Memasuki Era Society 5.0, Muhammad Ricky Ilham Chalid

Jurnal Hukum & Pembangunan

The development of technology, information and communication in the era of society 5.0 makes notaries have to be able to keep up with their ability to provide the best legal services, the best solution for notaries in facing the challenges of changing times is to implement cyber notaries and remote notaries, but this is not immune from the clash of the Indonesian legal system. Things that need to be considered are the reasons why Indonesia has not implemented it, such as the suitability of the application of long distance notaries and cyber notaries from common law to the Indonesian legal …

Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper

Faculty Scholarship

Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.

Border factories and a population spike contribute to the sewage. Maquiladoras, …

An Exclusive Property Model For The Common Heritage Of Mankind: A Multilateral Regime For Natural Resources In Outer Space, Yun Zhao, Xiaodao Li

Brooklyn Journal of International Law

The concept of the Common Heritage of Mankind (CHM) remains uncertain and controversial. This article starts with an analysis of the legal status of the CHM to identify the legal subjects who can exercise rights to the CHM and what types of rights they have. It is argued that an exclusive property model is the one successfully implemented in the law of sea regime., i.e., the CHM is defined as an exclusive property of mankind. Mankind, as a separate entity, can have ownership over the CHM, while other entities can only exercise usufruct to the CHM. This article moves further …

Perilaku Ramah Air Dalam Perspektif Hukum(Studi Peraturan Daerah Dki Jakarta Dan Kota Depok Terkait Sumber Daya Air), R. Ismala Dewi, Aad Rusyad Nurdin

Jurnal Hukum & Pembangunan

Various water resource problems that occur in Indonesia, including in DKI Jakarta and surrounding cities, such as flooding, drought, raw water crisis, river water pollution, have an impact on decreasing water availability. This is partly due to the unfriendly behavior of the community in using water, especially those in water catchment areas. Therefore, it is necessary to manage waterto maintain the sustainability of water availability so as to provide fair benefits to the community. Given these objectives and the existence of complex water problems, it requires adequate regulation. A rule that is not only to overcome the act of destroying …

Tinjauan Yuridis Terhadap Perlindungan Anak Dalam Ruang Siber Di Indonesia, Muhammad Rafifnafia Hertianto

Jurnal Hukum & Pembangunan

Indonesia high internet development and penetration rate make the child as user in a vulnerable position tocyberspace threat. Ironically Indonesia until this moment has no specific law or technical mechanism that can guarantee child security and fulfill child rights. In the current situation the number of criminal reports which utilize internet as its medium arehigh and keep on increasing over the year. This research aim to analyze the concept of child protection in cyberspace based on existing regulations on child protection. This research uses normative juridical methods and secondarydata which is then analyzedto state conclusion and recommendation. Based on the …

Politik Hukum Program Keluarga Berencana Di Indonesia, Aditya Rahmadhony, Mardiana Dwi Puspitasari, Maria Gayatri, Iwan Setiawan

Jurnal Hukum & Pembangunan

Regime or government change has specificlegal political characteristics, including the Political Law of Family Planning. Each period of government has different views and policies on the implementation of the national family planning program as one of the programs in population control in Indonesia. This study aims to determine the effect of legal politics on the success of the family planningprogram in Indonesia by analyzing statutory regulations in the form of policy rules relating to the family planning program at each government period. The research method used is juridical-normative research through a literature review approach by analyzing policies in the form …

Politik Hukum Pemberian Grasi, Amnesti Dan Abolisi Sebagai Konsekuensi Logis Hak Prerogatif, Suyogi Imam Fauzi

Jurnal Hukum & Pembangunan

The granting of clemency, amnesty and abolition is a prerogative rights owned by the president based on Article 14 of the 1945 Constitution of the of Indonesia (UUD 1945). The long proses of implementing thegranting of clemency, amnesty and abolition after independence to the post-amendment of the UUD 1945 produce a lesson forIndonesia regarding the law shall be correspond in treating prisoners rights properly in accordance with Human Rights. There is a differences regarding the way of granting clemency which is more dynamically developing beside amnesty and abolition is still at a sustain of stagnation even after the amendment UUD …