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INDONESIA
Reformasi Hukum
Published by Universitas Islam Jakarta
ISSN : 16939336     EISSN : 26861593     DOI : https://doi.org/10.46257/jrh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 184 Documents
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PERTIMBANGAN HAKIM DALAM PENJATUHAN PUTUSAN PIDANA PENJARA MELEBIHI KETENTUAN PIDANA MAKSIMUM: Risca Agustin admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 21 No 2 (2017): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v21i2.24

Abstract

In each judge's decision, it should exist the consideration as the reason from the decision taken. In executing the decision, it should be based on the applicable legislation rules. The supreme court in rate an appeal can cancel a verdict or determination of the courts who located within the judicial underneath by the reasons, namely: not authorised or going beyond the authority, any apply or breaking the law and neglectful meeting requirements required by the law and the rule threatening omission of that decision which is cancelled. The method of this research is a yuridicial normative. This research attempts to know whether the judge consideration in a verdict MA No. 52 K/ Pid.Sus/ 2013 about corruption exceeding the maximum imprisonment, to find out the judicial decision that exceeds criminal maximum in accordance with the regulations. The result in this study is the decisions of the supreme court No. 52 K/ Pid.Sis/ 2013 in which the judge consideration supreme court is the decision on the high court in line with the rule of legislation. Whereas, supreme court judges rejected an appeal that proposed by Gayus H.P Tambunan. the decisions are inflected by a judge that should be based on the rules that has been set up in legislation. The length of an imprisonment that must be lived for 30 years in which it was not in accordance with legislative's regulation article 12 the book of the act of criminal law governing the length of an imprisonment during a certain time certainly may not exceed twenty years.
PEMBERIAN HAK HADHANAH YANG DIBERIKAN OLEH AYAH BAGI ANAK YANG BELUM MUMAYIZ AKIBAT TERJADINYA PERCERAIAN MENURUT PERSPEKTIF HUKUM ISLAM: Wafda Lyinna admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 21 No 2 (2017): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v21i2.25

Abstract

The purpose of this study is to: (a) obtain a description of the right of the father to the unmarried children due to the divorce according to the perspective of Islamic law, (b) To obtain an explanation of the position of the child according to Law Number 1 of 1974 and Islamic law, and (c) To obtain an explanation of the legal consequences of a father who fails to perform his obligations in the care of a child who has not been mumayiz due to divorce under Islamic law. This research used normative juridical methods. Research Results: There are no verses of the Qur'an and the hadith that expressly stipulates the gift of hadhanah given by the father to the unmarried child, as described in Article 105 letter (a) stating that the maintenance of a child who has not been mumayiz or 12 years of age is her mother's right. However, in solving divorce cases the writers adopt the basis of law Article 41 letter a Act Number 1 Year 1974 About Marriage. The judge uses the method of problem-solving maslahah al-mursalah. The position of a child in Islam is very high and noble. The Qur'an and Hadith do not explain and explain in detail about the legal consequences of a father who does not perform his obligations in the care of a child who has not been mumayiz due to the divorce. Conclusion: (a) When there is a dispute in the household should be settled by way of peace and deliberation first, and (b) Judge in deciding a matter, to be more professional and clinging to the Qur'an, the Prophet's Sunnah.
LANDASAN PEMIKIRAN PENJATUHAN PIDANA PEMECATAN TERHADAP MILITER PELAKU TINDAK PIDANA UMUM: Ahmad FirmanTarta admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.27

Abstract

The military when committing a general criminal offense can be sentenced to a crime contained in the provisions of general criminal law. The problem that arises later is that military judges in their decisions impose criminal dismissals of military members from perpetrators of general crimes. Whereas in the provisions of the Criminal Code that regulate general crimes do not recognize criminal dismissal. This study aims to determine the basic considerations used by military judges in enforcing criminal dismissals against perpetrators of general crimes. The basic considerations used by military judges in dropping criminal offenses against perpetrators of military general crimes, namely the military other than military criminal law (KUHPM) also apply general criminal law (KUHP), so that the military committing general crimes can be punished as stipulated in (KUHPM) with sentence of dismissal. In addition, there are criminal provisions for dismissal as additional crimes, military character and the verdict of capital punishment or life imprisonment
PELAKSANAAN REHABILITASI PECANDU NARKOTIKA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA: Aria Suntoro admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.28

Abstract

Narcotics rehabilitation is carried out so that every narcotics addict can recover and be accepted back in the community. The implementation of narcotics rehabilitation has been regulated in Law No. 35 of 2009 concerning Narcotics, especially in Articles 54, 55 and 103 of the Narcotics Act. Basically sanctions stipulated in the Narcotics Act adhere to a double track system, namely in the form of criminal sanctions and sanctions for action. Although there are already rules and regulations governing narcotics rehabilitation, the implementation must be manifested. Because the regulation does not really benefit if there is no movement and is not carried out properly according to the applicable law. The method used in this thesis is a normative method that examines or discusses theories that exist in the legal literature. This research was conducted to describe the Implementation of Rehabilitation of Narcotics Addicts based on Law Number 35 of 2009 concerning Narcotics, to find out what factors caused someone to commit narcotics abuse and explain the Islamic view of the perpetrators of narcotics abuse. This research can be concluded that there are still many narcotics abuse victims who do not carry out the mandatory reporting program to the authorities, the factor of someone using narcotics and being victims of narcotics abuse due to personal, socio-cultural, narcotics availability and still lacking in the Narcotics Law.
PENGATURAN SANKSI PIDANA TERHADAP PERPAJAKAN BERDASARKAN UNDANG UNDANG PERPAJAKAN: Denny Setiawan admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.29

Abstract

Taxes are the dues levied by the state either by the central government and local government based on laws and regulations for the management of tax collection implies the transfer of funds from the private sector to the state sector and intended for purposes of general government financing in order to carry out functions of government. The problem in this writing is why criminal sanctions are needed in the field of taxation, with the aim of writing to study tax criminal sanctions. The research method used this thesis is a normative. Data analysis techniques presented in descriptive form. Research shows that the regulation of criminal sanctions against tax under Act No. 28 of 2007.
PERANAN VISUM ET REPERTUM YANG DI BUAT OLEH DOKTER NON FORENSIK SEBAGAI ALAT BUKTI DALAM TINDAK PIDANA PENGANIAYAAN (Studi Kasus Putusan Nomor 1180K/Pid/2014): Kurniawan admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.30

Abstract

Vindication in a criminal act of persecution by the investigators needed help experts namely doctors of justice (forensic) or other doctors to perform Visum Et Repertum toward patients or sacrifice. The purpose of the forensic examination in the case of abdominal ulceration is to know the type of wound, type of violence and the degree of the wound. Cases of criminal act such as the persecution is one of the examples of cases where the investigators very need assistance experts, including medical experts of justice (forensic doctors). In practice Visum Et Repertum does not only issued by the forensic doctor or specialist doctors medicine judicial authority only, but also issued a doctor non forensic. Approach method used in this bachelor theses is the normative research method, which researchers discuss the theories in science literature skunder. This research aims to find out whether Visum Et Repertum made by the doctor non forensic can be used as evidence in the criminal procedural law in Indonesia, How the role of the Visum Et Repertum made by non doctors as evidence forensic act of persecution in the decision (No. 1180 K/Pid/2014), and how an overview of Islamic law menngenai evidences. From the results of research can be deduced that in the Decree of the Minister of Justice No M. 01.PW.07-03 1982 about KUHAP Guidelines in explaining the Article 133 paragraph (2) about perbendaan Visum Et Repertum results issued by the forensic doctors and doctors non forensic, in the explanation to the information from the doctor is not an expert in medicine of justice (non-doctors) forensic as a ketereangan experts but the description itself can be an indication and that the instructions are valid evidences. And the making of Visum done non doctors as there are forensic verdict MA No. 1180 K/Pid/2014 needed re-examination by the doctor forensic as Medicolegal Field (consultant medical science and knowledge of the law to have a high value Visum results that made the doctor non forensic.
PERLINDUNGAN HUKUM TERHADAP KURATOR DALAM MENJALANKAN TUGAS DEMI KEPENTINGAN HARTA PAILIT DENGAN MELAKUKAN GUGATAN ACTIO PAULIANA (STUDI PUTUSAN PRAPERADILAN NOMOR 89/PID/PRAP/2016/PN.JKT.SEL): Larmi Kristiani admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.31

Abstract

The curator is a party appointed by law through the decision of the Panel of Judges of the Commercial Court at the District Court in a bankruptcy case to administer bankrupt assets. In Law Number 37 of 2004 concerning Bankruptcy and PKPU, the Curator is in charge as far as possible to add the debtor's bankrupt assets to the benefit of Creditors, but in carrying out these duties, the Curator can be criminalized by the Creditors and the Debtor itself. The Bankruptcy Law and PKPU have not provided guarantees of legal certainty and protection for curators when carrying out their duties. This study aims to examine the legal protection of curators who carry out their duties in the interests of bankrupt assets by filing a lawsuit actio pauliana and to find out and assess the legal risk if the actio pauliana lawsuit results in the criminalization of curators (Study of Pre-Court Decision Number 89 / Pid / Prap / 2016 / PN.Jkt.Sel). This research method is normative juridical. The conclusion of the study shows that: 1. The law provides protection to the Curator through Article 50 of the Criminal Code, namely that anyone who commits an act to implement the provisions of the law, is not convicted. Article 16 of Law Number 18 Year 2003 concerning Advocates, because the Curator is also an Advocate, states that advocates cannot be prosecuted both in civil and criminal manner in carrying out their professional duties in good faith for the benefit of client defense inside and outside the court session. This is in accordance with the right of judicial review of the provisions of Article 16 of the Law on Advocates in the decision number 26 / PUU-XI / 2013. Article 16 of the Advocate Law contradicts the 1945 Constitution and does not have binding legal force insofar as it is not interpreted, advocates cannot be prosecuted either in civil or criminal manner in carrying out their professional duties in good faith for the benefit of client defense inside and outside the court session. With this provision, actually the legal protection has been obtained by the Curator who is actually an Advocate. Types of legal protection are repressive legal protection aimed at resolving disputes. Efforts to obtain legal protection were carried out by the PT Metro Batavia Curator Team by submitting a pretrial application registered with Number 89 / Pid / Prap / 2016 / PN.JKT.SEL. 2. In connection with this task, the Curator Team filed an Actio Pauliana lawsuit against Yudiawan Tansari. Of course without risk and one proof of the risk with the claim of actio pauliana, is that the Curator Team was made a suspect because it was considered to violate Article 263 of the Criminal Code.
ANALISA YURIDIS TERHADAP PENERAPAN GENTLEMAN AGREEMENT DALAM KERJASAMA USAHA (STUDI KASUS: 188/PDT.G/2017/PN.SMN): Rama Kresna Prasetya admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 1 (2018): June Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i1.32

Abstract

Agreements are activities that are common in people's lives to carry out activities related to buying and selling, lending and borrowing, work agreements and so on. Agreement can be in oral form and can be in written form. Oral agreements are usually born because they only require an agreement between the parties, which is used by a simple society, whereas written agreements are usually born in relatively modern societies relating to businesses whose legal relationships are more complex. As for the problems in this study, namely regarding legal protection of the parties who have bound themselves in the agreement and want to be canceled by a third party. Therefore this study also aims to find out about the legal protection provided by the Criminal Procedure Code to the parties who make an agreement in good faith. This research method uses the normative method, which focuses research on legal principles and examines and examines written regulations, in terms of knowing the binding force in the agreement. The conclusions of this study are: 1. The legal strength of the Gentleman Agreement, that the KUHPer has provided legal protection to all parties who made an agreement or an agreement based on good intentions. The legal strength of a gentleman agreement lies in the validity of the binding basis used by the parties that made it, because the positive law that exists does not provide restrictions regarding a business agreement must be made and stated in written form, except certain agreements stipulated in the law other laws which are derivatives or lex specialis from KUHper. An oral agreement or better known as a gentleman agreement as long as it is made on the basis of good intentions and remains in the corridor of Article 1320 of the Indonesian Criminal Code, the oral agreement has the same legal force because it has acted as a law for the parties that made it based on Article 1338 of the Indonesian Criminal Code or that better known as the principle of pacta sunt servanda. 2. The verification process on the gentleman agreement is basically that the Criminal Code does not specifically stipulate that the agreement must be made black and white.In an unwritten agreement, proof of an agreement between the parties is the main objective in seeking formal truth. In practice, those who want to prove that an agreement has been made on an unwritten agreement is to submit witnesses who are considered to have known, witnessed and heard the incident firsthand. In the process of listening to witness testimony, the parties still adhered to the principle of Unus Testis Nullus Testis, that is, the statement of one witness is not enough, and must be added with other evidence. The legal force between an unwritten and written agreement is equally strong. Oral agreement even if it is not written in written form, but if the agreement is based on good faith and has fulfilled the main elements of the applicable agreement, then the agreement is legal, and has binding legal force
UPAYA HUKUM TERHADAP SURAT KEPUTUSAN MENTERI HUKUM DAN HAK ASASI MANUSIA TENTANG PENETAPAN PARTAI POLITIK (STUDI PERSELISIHAN KEPENGURUSAN PARTAI GOLKAR): Aryo Wirro Bimo Herdianto admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 2 (2018): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i2.33

Abstract

The Ministry of Law and HAM is authorized to execute Administrative Law. As set forth in Article 4 paragraphs 1-4 of Law No. 2 of 2011 on changes to Law No. 2 of 2008 on the Political Party which reads: “(1) The Ministry receives the registration and research and / or verification of equipment and truth as referred to in Article 2 and Article 3 paragraph (2); (2) The review and/or verification as referred to in paragraph (1) shall be undertaken at least 45 (forty-five) days after receipt of the complete requirements document; (3) The endorsement of the Political Party into a Legal Entity is made with the decision of the Minister at least 15 (fifteen) days after the end of the research and / or verification process; (4) The Minister's decision on endorsement of the Political Party as referred to in paragraph (3) shall be announced in the State of the Republic of Indonesia. However, the fact that Kemenkumham did not carry out its duties in accordance with Law No. 2 of 2011 on changes to Law No. 2 of 2008 on the Political Party. In the case of the Golkar party dispute, the government intervened in the ruling Golkar party, as the Decree issued by the Minister of Justice and HAM had no clear legal basis. Decree issued by the Minister of Justice and Human Rights confirming the ruling of the Laksono golkar party on the basis of the judgment of the Golkar party Court. While the Golkar Party Court itself, as the Internal Authority dealing with the case of the Golkar Party's dispute, has not ruled that the ruling of the Laksono Supreme Court is legitimate, but the content of the verdict is that the Golkar Party Court has not endorsed both (Laksono and Aburizal Bakrie's stronghold) due to differences of opinion and disagreements between the Golkar Party court and ordered that the case be brought to the State Court.
PERALIHAN JAMINAN MELALUI SUBROGASI DALAM PERJANJIAN KREDIT MENURUT UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH: Cecep Supriyatna admin, admin; Hariz Hamdallah, Muhammad Andika
Reformasi Hukum Vol 22 No 2 (2018): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v22i2.34

Abstract

This study has the following objectives: (a) To obtain an explanation of the dispute resolution of collateral transfer through subrogation in a credit agreement; (b) To provide an overview of the legal protection of creditors on transfer of guarantees through subrogation;. The methods used is the normative yuridical. Research Results, (a). In the Subrogation process, the Bank will submit a Claim to the Guarantee Institution that covers the Credit Facility with the conditions specified in the cooperation agreement between the Secured Party and the Guarantee Institution. When the first payment occurs by the Debtor since the Claim is paid by the Guarantee Agency, Subrogation occurs; (b). Legal protection for creditors on transfer of collateral through subrogation in a credit agreement, whereby the Bank is a creditor that can be harmed due to default by the debtor by means of giving measured power in accordance with clear laws and regulations. Creditors have Claim Rights and Credit Rescue efforts as Legal Protection for Banks in Credit Settlement Through Subrogation

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