cover
Contact Name
Mimin Mintarsih
Contact Email
miensh66@gmail.com
Phone
+6281315305603
Journal Mail Official
jrh.fhuid@gmail.com
Editorial Address
Fakultas Hukum Universitas Islam Jakarta, Jl. Balai Rakyat No.37, RT.8/RW.10, Utan Kayu Utara, Kec. Matraman, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120
Location
Kota adm. jakarta timur,
Dki jakarta
INDONESIA
Reformasi Hukum
ISSN : 16939336     EISSN : 26861593     DOI : https://doi.org/10.46257/jrh
Core Subject : Social,
We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in, such as : Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
Search results for , issue "Vol 28 No 1 (2024): April Edition" : 8 Documents clear
Against Money Laundering! Law Enforcement Against Illegal Transactions in the Capital Market Sukamto, Bambang; Mintarsih, Mimin; Nurlilah, Widya
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.482

Abstract

The capital market is a means to accommodate and channel funds to the public and support business development which will support the growth of the economy as a whole. Money laundering often involves illegal transactions that use the capital market as a means to disguise the origin of funds derived from illegal activities. This research aims to analyse law enforcement efforts against money laundering in the capital market. The research method used is normative law and descriptive analysis. The results showed that the mode of money laundering in the capital market is still rampant because it does not recognise cross-border so it is freer so that the need for participation from various parties to fight and eradicate it. Law enforcement in combating money laundering in the capital market has not been effective because the legal apparatus still uses conventional methods in handling it. It can be concluded that there are still some challenges in combating money laundering in the capital market, such as legal loopholes and limited human resources and technology. As a recommendation, it is necessary to increase inter-agency cooperation, increase the capacity of law enforcement officials, and strengthen regulations and supervision to strengthen efforts to fight money laundering in the capital market.
Ideal Policy Dynamics of Collection of Fees on Acquisition of Land and Building Rights on Acquisition of Land Redistribution Certificates Priyambodo, Dimas; Dinda, Garin; Fikri, Muhammad Adymas Hikal
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.766

Abstract

The government tries to realize social justice and community empowerment through land redistribution initiatives. However, its implementation has several obstacles, especially in collecting the Tax on Acquisition of Land and Building Rights (BPHTB). This paper will discuss the complexity of BPHTB in relation to land redistribution initiatives. This study uses a normative juridical research methodology and a conceptual framework derived from a review of legislation. The research findings show that the main obstacle for land recipients in the redistribution scheme is BPHTB. Recipients of redistributed land, who are generally people with low-income levels, often find it financially difficult to pay the BPHTB. Regulatory changes that support land recipients in obtaining land certificates without the financial burden of BPHTB can increase the success of the land redistribution program and support the government's social justice agenda. Recommendation, there needs to be a collaboration between the Ministry of Agrarian Affairs and Spatial Planning and related parties to revise the BPHTB regulation. Certain measures that consider the economic conditions of land recipients should be implemented to ensure that the land redistribution program runs smoothly and benefits the community.
Harmonization of State Receivables Management Arrangements : Perspective of Authority Theory and Hierarchy Theory of Legislative Regulations Aritonang, Syofina Dwi Putri
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.898

Abstract

PP No. 28 of 2022 in its implementation creates overlapping norms with the legal provisions above, namely, with several articles in the 1945 Constitution of the Republic of Indonesia, the Human Rights Law and the Civil Code which ultimately creates legal uncertainty. Based on the urgency of the problem, this research aims to find a solution to the conflict of norms that occurs through harmonization of statutory regulations. This research uses normative research methods with a statutory and conceptual approach. Meanwhile, the legal materials used are primary and secondary legal materials through literature study which will be analyzed using argumentative techniques. The results of this research indicate that there has been an overlap in norms from the implementation of PP No. 28 of 2022, therefore it is necessary to immediately carry out improvements to the PP by the competent authorities. However, in addition to amending the PP, the public can also play an active role by submitting a judicial review of PP No. 28 of 2022 to the Supreme Court.
The Effectiveness of Constitutional Supervision Judges by the Constitutional Court Honorary Council : (Study of the Constitutional Court Honorary Council Decision Number 2/MKMK/L/11/2023) Fernanda, Diah Ayu; Jabbar, Achmad Arbi' Nur Badrotin; Rachmaddany, Saifullah Yudha Noorman; Maghfiroh, Ajeng Ayu
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.899

Abstract

After the Judicial Commission is no longer an institution that carries out the function of supervising the behavior of constitutional judges, and the existence of the Constitutional Court Ethics Council in 2020 was abolished. The supervisory institution of the Constitutional Court is currently only held by the MKMK, which is only on an ad hoc or temporary basis. This research will examine the effectiveness of the MKMK's role in supervising constitutional judges. The method used in this research is normative juridical. The results of this research provide an illustration that constitutional judges need to have a supervisory institution, this of course starts from the freedom that judges have so that it is not misused. This research succeeded in showing that the MKMK decision Number 2/MKMK/L/11/2023, which states that the Chief Justice of the Constitutional Court is proven to have committed a serious violation of the provisions of ethics and behaviour of constitutional judges, then given the sanction of removal as chairman of the Constitutional Court, without being accompanied by dismissal as a constitutional judge, raises issues regarding the absence of legal certainty and clarity of the supervisory institution of the behaviour of constitutional judges as well as the effectiveness of MKMK in carrying out its supervisory duties.
Implications of ‘Polluter Pays Principle' in Criminal Liability of Business Actors for Environmental Pollution through Wastewater Nugroho, Mikael Adrian Tri; Salsabilla, Tengku Marisha Alda; Saufika, Tutu Sara; Manihuruk, Tri Novita Sari; Yusuf DM, Mohammad
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.932

Abstract

The Polluter Pays Principle (PPP) underlies the liability of business actors related to environmental pollution through wastewater. The problem is how this principle is applied in enforcing the law against perpetrators who pollute the environment through industrial activities. This paper aims to analyze the implications and urgency of PPP implementation in the legal liability of business actors for environmental pollution through wastewater. The research method used is normative legal research. The results show that implementing PPP related to environmental pollution through wastewater in law enforcement has significant implications in criminal law. This principle encourages the responsibility of businesses for the waste generated from their activities, forcing them to consider the cost of restoring the environment and cleaning up the impacts caused by the waste. Although Law No. 32/2009 on Environmental Protection and Management provides a strong legal foundation, there are obstacles to implementing PPP, such as the legal process's length and the high proof level. To address this, legal reforms are needed that speed up the legal process, increase the capacity of law enforcement agencies, and establish clear guidelines for determining proportional sanctions
The Existence of Legal Protection for Female Workers Against Sexual Exploitation Mode 'Staycation' Selvi Kurniawati; Zahra Putri Maharani Pertiwi; Agus Nurhadi
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.967

Abstract

The term staycation as a connotation of sexual activity in a certain place has become increasingly popular in society, especially after the phenomenon of a viral case in the public. Bosses invited female workers in the company to engage in sexual activities in exchange for certain promises. Female workers are often vulnerable to sexual exploitation in the workplace. This requires legal protection to reduce risks and protect the rights of female workers. This article uses a normative juridical research method with a statutory approach based on various provisions in the TPKS Law and several relevant literatures to analyze aspects of legal protection for female workers. This study finds that the TPKS Law provides an important legal basis to protect women workers from sexual exploitation, including the provision of victims' rights to restitution, handling, recovery, and protection through the Witness and Victim Protection Agency (LPSK). This protection is important to prevent backlash from perpetrators and provide a sense of security to victims. Towards effective implementation of legal protection, socialization and education are needed in an effort to increase legal awareness in the community and reduce the incidence of sexual exploitation in the work environment.
Illegal Medicines Circulation Through E-commerce: Consumer Legal Protection Challenges by the Food and Drug Supervisory Centre Alfin, Fiorenzya; Muhammad, Danang Wahyu
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.969

Abstract

Although there are regulations regarding the provisions of drug trading, the facts show that there are still many cases of illegal drug trading, especially on e-commerce platforms. The purpose of this study is to analyse the challenges of legal protection for consumers on the circulation of illegal drugs traded through e-commerce platforms and analyse the efforts of the Food and Drug Supervisory Centre (BBPOM) in supervising the circulation of illegal drugs traded through e-commerce platforms. The research method used is normative legal research with a statutory approach. The results showed that regulations related to online drug sales are regulated in Article 12 of BPOM Regulation Number 32 of 2020 concerning Amendments to BPOM Regulation Number 8 of 2020 concerning Supervision of Drugs and Food Circulated Online and Article 4 of BPOM Head Regulation Number 24 of 2017 concerning Criteria and Procedures for Drug Registration. Legal protection of consumers in good faith is carried out through preventive efforts by conducting deterrence and monitoring through cyber patrols. While repressive efforts are carried out by providing compensation, compensation and/or replacement if in filing a civil lawsuit the business actor and marketplace are proven guilty. The supervision carried out by BBPOM is to conduct supervision before circulation as a preventive measure and supervision during circulation.
Electronic Stamp Validity: Cyber Law Perspective on the Effectiveness of E-Stamp Usage in E-commerce Transactions Sirait, Resmaya Agnesia Mutiara; Nugraha, Adhytia; Serah, Yenny Aman; Marpaung, Samuel
Reformasi Hukum Vol 28 No 1 (2024): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v28i1.1036

Abstract

Digitalization is an era that has triggered many profound changes to all aspects of daily activities. The shift of the business world to the digital era has more or less changed the activity of buying and selling transactions from the traditional market to the digital market known as e-commerce, which is currently widely used by consumers in shopping activities. E-commerce is a technology medium widely used for buying and selling products on small and large scales. Buying and selling products or online business transactions through large-scale e-commerce requires proof of a binding agreement using digital stamps (e-stamps). This study analyzes how effective e-stamp duty is in online business transactions through e-commerce. This research is based on normative legal research using a normative juridical approach. The results of this study show that, regarding the validity of e-stamps, they have the same legal value as sticky stamps and cannot be contested. E-stamps in online business transactions through e-commerce contribute significantly to effectiveness and efficiency when viewed from cyber law. The researcher recommends further studying the effectiveness of using e-stamp duty in online business transactions (e-commerce), as reviewed by cyber law.

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