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Jurnal Kajian Pembaruan Hukum

JKPH
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Published by Universitas Jember

ISSN : - EISSN : 27769828 DOI : https://10.19184/jkph

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Kajian Pembaruan Hukum (ISSN 2776-9828) is a refereed law journal published by the postgraduate program (Master of Laws) of the University of Jember, Indonesia. The publication in this journal focuses on the studies in law reform under doctrinal, empirical, socio-legal, and comparative approaches. The journal welcomes all submissions about constitutional law, criminal law, private law which emphasize the new perspectives for displaying and opening an intimate knowledge into the way they work in practice. Manuscript submissions should be between 7,000-10,000 words in length, although shorter papers relating to policy analysis and debate will be considered. The peer-review process and decision on publication will normally be completed within 60 days of receipt of submissions The aims of the journal are to encourage scholarly attention and advance the intimate knowledge of recent legal discourses. It accommodates high-quality manuscripts relevant to the endeavors of scholars and legal professionals with fundamental and long-term analysis in the light of empirical, theoretical, multidisciplinary, and comparative approaches. The focus of the journal is legal studies. Articles submitted to this journal are on contemporary legal discourses in the light of theoretical, doctrinal, multidisciplinary, empirical, and comparative studies. The scope of the paper submissions includes constitutional and administrative law, corporate law, criminal justice, adat law, law and society, international law, international economic law, human rights law, and intellectual property law.

Arjuna Subject : Umum - Umum

Articles 6 Documents

Search results for , issue "Vol. 1 No. 2 (2021): July-December 2021" : 6 Documents clear

Sanksi Penundaan atau Penghentian Jaminan Sosial Pada Masa Pandemi COVID-19 Fauzia, Ana; Hamdani, Fathul
Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021
Publisher : University of Jember, Indonesia

Social security program reflects state's responsibilities to provide social and economic protection to citizens. However, social security in Indonesia has remained to become a central issue after Presidential Regulation Number 14 of 2021. This regulation outlines administrative sanctions on delaying or terminating social security for citizens that refuse vaccines. This study examined the issue from philosophical, juridical, and sociological perspectives on the administrative sanctions for delaying or terminating the social security related to the vaccine requirements. This study used a legal research method with statutory, conceptual, and case approaches. This study indicated that the regulation regarding the postponement or termination of social security provision contradicted Article 20(1) of Law Number 40 of 2004 on the National Social Security System. Also, it violated human rights about the right to social security based on the 1945 Constitution. Instead, to succeed in vaccination, it should adopt a socio-cultural approach by combining legal instruments with elements of local culture in the community for legitimating vaccination as its part of being accepted in the society. KEYWORDS: Social Security Program, Presidential Regulation, Administrative Sanctions, Vaccines, COVID-19.

Realisme Hukum: Peradilan Adat dalam Perspektif Keadilan Sosial Rato, Dominikus
Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021
Publisher : University of Jember, Indonesia

Aspects of positivism with its normative approach are often taught in various law schools as a single perspective. The study of law can be based on legal realism. Nevertheless, there is still a debate about legal realism's working pattern and contribution to juridical science. This study that introduced legal realism worked with socio-legal method based on the literature review. It aimed to elaborate on the concept of legal-realism as an epistemology of the socio-legal school, which leads to the conception of customary law and legal anthropology. With a naturalistic approach and supported by theories of customary law and legal anthropology. This study showed that legal realism as a school in philosophy and juridical studies based on empirical studies need to be developed. It referred to legal realism conceptualized in Scandinavia and America that was suitable to Indonesia's legal context, especially customary law as the law that lives in society. Therefore, the law that lives in society is strengthened through verdict and law enforcement officers as symbols of the state. It suggested that legal realism is also taught in law schools at universities, so that legal academics have diverse points of view, both in the legal discipline and as a research method. KEYWORDS: Customary Law, Socio-Legal, Social Justice, Legal Realism.

Mengoptimalkan Peran Lembaga Perfilman Indonesia: Analisis Aspek Hak Cipta terhadap Praktik Siaran Video Ilegal Ariani, Relys Sandi; Ticoalu, Luna Dezeana; Wahyuni, Herlin Sri
Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021
Publisher : University of Jember, Indonesia

The film is part of the intellectual property rights attached to the creator. Nowadays, it is commonly agreed that violation of intellectual property rights portrays in film piracy for personal gain is inevitable, with illegal streaming services. This study aimed to examine film protection, conduct a study of film institutions, and find concepts to protect films in Indonesia. The study used a juridical method with the statute and conceptual approaches. In so doing, it used secondary data processed using library research techniques. The study showed that illegal movie streaming rampant in Indonesia practiced illegal streaming movies. It violated the intellectual property rights inherent in the creator, resulting in enormous losses for the creators. There are further problems in the laws and regulations, and the government must accommodate preventive actions. This study suggested three components: correctional, supervision, and copyright protection against illegal movie streaming in Indonesia; and these components were to maximize the role of stakeholders. KEYWORDS: Illegal Streaming Movies, Indonesian Film Institute, Intellectual Property Rights and Copyrights

Telaah Efektivitas Mekanisme Pemberhentian Presiden Indonesia: Perbandingan Praktik Amerika Serikat dan Korea Selatan Adhihernawan, Muhammad Yoppy; Fadhila, Annisa Nur
Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021
Publisher : University of Jember, Indonesia

Impeachment is a part of the control mechanism in the constitutional system to allege the President's violation of the constitution. Impeachment characterizes presidential systems as implemented in various countries, such as the United States, South Korea, and Indonesia. This study aimed to examine the rule and practice on the impeachment of the President and/or Vice President in Indonesia, with reference to the United States and South Korea. Then, it analyzed how this mechanism is effective to be implemented in Indonesia. This study used a juridical research method with a comparative law approach. This study indicated differences in impeachment in the United States, South Korea, and Indonesia. The impeachment mechanism in the United States only involved representative institutions, but that in Indonesia and South Korea required judicial intervention. In particular, Indonesia's impeachment dealt with the decision that remained in the hands of the political institution, the People's Consultative Assembly. In South Korea, the final decision ended in the judicial institution. Through this comparison, Indonesia should reformulate the impeachment mechanism of the President and/or Vice President in Indonesia with the following suggestions. First, regarding allegations of serious violations, the final impeachment decision must be in the Constitutional Court. Second, concerning allegations of misconduct, the decision on impeachment must rest with the People's Consultative Assembly. KEYWORDS: Impeachment, Indonesia, South Korea, United States.

Legitimasi Kedudukan Kepala Desa dalam Penyelesaian Sengketa Agraria Dewi, Sri Anggraini Kusuma; Hasibuan, Rezky Panji Perdana Martua
Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021
Publisher : University of Jember, Indonesia

The agrarian disputes often occur in rural areas, considering that the majority of the livelihoods of rural communities are farmers. In this regard, rural communities also cannot be avoided from agrarian conflicts that occur between residents, including in terms of inheritance. This social legal research aims to analyze the factors causing the occurrence of agrarian conflicts in rural areas; and explain the role of the village head in dealing with disputes related to land. This empirical legal research uses a qualitative approach that is based on primary data and secondary data as obtained through a series of observations, interviews, and documentation. The results of the study indicate that rural communities tend to choose the head of village as the party that resolves agrarian disputes in rural areas. Therefore, the rural community perspective believes and considers the head of village to be able to provide a sense of community justice. The scheme used by the head of village is mediation or what is often called 'deliberation for consensus'. KEYWORDS: Land, Customary Law, Head of Village, Amadanom, Malang.

Aspek Regulasi dan Kewenangan Penegakan Hukum Pajak Reklame Nikita, Tinara Aisyah; Kartika, Adhitya Widya
Jurnal Kajian Pembaruan Hukum Vol. 1 No. 2 (2021): July-December 2021
Publisher : University of Jember, Indonesia

The Mayor's Regulation Number 21 of 2018 licenses procedure and other matters that the taxpayer must obey. This study analyzed the effectiveness of law enforcement on the late-payment of advertisement tax in Surabaya. This study used empirical legal research that observed the effectiveness of the law in society and how the law works in society. The data collected were from documentation from literature and legislation, observation in the community, and interviews with related parties. It showed that law enforcement was effective but with several obstacles experienced in enforcing the law. In particular, it dealt with the COVID-19 pandemic as the challenge that required new conditioning according to the recommendations from the central government. This study concluded that the law enforcement of billboard tax payments in Surabaya is quite effective due to the achievement of tax revenue targets that always reach the target. However, there are still many obstacles faced, and several solutions deal with these obstacles. KEYWORDS: Advertisement Tax, Billboard Tax, Law Enforcement, Tax, Surabaya.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Fradhana Putra Disantara

Contact Email
dfradhana@gmail.com

Phone
+6282143093798

Journal Mail Official
jkph@unej.ac.id

Editorial Address
Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember, East Java, Indonesia 68121

Location
Kab. jember,

Jawa timur

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Fradhana Putra Disantara

Contact Email dfradhana@gmail.com

Phone +6282143093798

Journal Mail Official jkph@unej.ac.id

Editorial Address Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember, East Java, Indonesia 68121

Location Kab. jember, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Fradhana Putra Disantara

Contact Email
dfradhana@gmail.com

Phone
+6282143093798

Journal Mail Official
jkph@unej.ac.id

Editorial Address
Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember, East Java, Indonesia 68121

Location
Kab. jember,

Jawa timur

INDONESIA