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Jurnal Reformasi Hukum : Cogito Ergo Sum
Published by Universitas Maarif Hasyim Latif
ISSN : 25993364     EISSN : 26145987     DOI : https://doi.org/10.51804/jrhces.v8i1.16878
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Reformasi Hukum : Cogito Ergo Sum (JRHCES) sebagai media komunikasi dan pengembangan ilmu, khususnya Ilmu Hukum. Diterbitkan dua kali dalam setahun pada bulan Januari dan Juli, oleh Fakultas Hukum, Universitas Maarif Hasyim Latif Sidoarjo. Redaksi menerima sumbangan naskah artikel hasil penelitian, artikel ilmiah konseptual, tinjauan kepustakaan dan resensi buku baru, sepanjang relevan dengan misi redaksi. Nomor ISSN: 2614-5987 (media online), 2599-3364 (media cetak) Focus and Scope
Arjuna Subject : Umum - Umum
Articles 5 Documents
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Search results for , issue "Vol. 1 No. 1 (2018): Januari 2018" : 5 Documents clear
THE BANKRUPTCY OF PERSONAL GUARATOR’S HEIRS UNDER INDONESIA LEGAL SYSTEM Nuruzzhahrah Diza; Imas Rosidawati Wiradirja
Jurnal Reformasi Hukum : Cogito Ergo Sum Vol. 1 No. 1 (2018): Januari 2018
Publisher : Fakultas Hukum, Universitas Maarif Hasyim Latif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51804/jrhces.v1i1.198

Abstract

The great advance of today’s business is certainly supported by the existence of banks loan facility. However, banks will not easily grant the loans to just anybody since there would be a probability that banks meet with the default risk. To reduce the impact of the risk, they require a guarantee. For banks, the guarantee shall legally provide them a protection, security and certainty in getting their loan repayment. As a common form, banks usually ask for property as collateral, but sometimes banks meet difficulty to execute it. Hence, nowadays, the banks will also ask for a personal guarantee. Personal guarantee is an agreement in which a third party agrees to fulfill the obligation of the debtor if debtor himself fail to do so. The personal guarantor has big responsibilities, even into the realm of bankruptcy. Even though a personal guarantor is not a debtor, a creditor may file him a bankruptcy petition to the Commercial Court if he meets the bankruptcy requirement. Problems then arise when a personal guarantor dies and it causes the creditors to lose a person who guarantees the debtor’s obligation. This research tackles with the problems by using a normative juridical approach with descriptive analysis of secondary data which consist of primary law materials and secondary law materials. The study shows that the death of personal guarantor causes the rights and obligations of personal guarantor upon the agreement are passed to his heirs. Consequently, his heirs as the party who do not involve in the loan agreement and the personal guarantee agreement may be filed the bankruptcy petition by the creditor as it is usually filed to the personal guarantor.
FUNCTION AND ROLE OF ADMINISTRATIVE LAW IN THE PREVENTION AND COMBATING OF CORRUPTION IN INDONESIA Muhammad Zunan Fanani; M. Zamroni
Jurnal Reformasi Hukum : Cogito Ergo Sum Vol. 1 No. 1 (2018): Januari 2018
Publisher : Fakultas Hukum, Universitas Maarif Hasyim Latif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51804/jrhces.v1i1.199

Abstract

Corruption is defined as an act which was not good as embezzlement, receiving kickbacks and so forth. Corruption has penetrated in every layer of authority, whether in the executive, legislature and judiciary, in both of the layers at the central level to the village level. The quantity and quality is also increasing, along with the improvement of democracy in Indonesia. While the State Administration can be interpreted as directives, government, implementation activities, activity guidance, the creation of the principles of public policy implementation, activity analysis, balancing and presentation decisions, policy considerations, as the work of individuals and groups in producing public goods and services, and as an arena field of academic and theoretical work, in the state government. This study uses the methodology of normative juridical deduction, the judicial approach. At the end of the discussion will be found the answer from the legal issues that the law of the State Administrai important role in the prevention and eradication of corruption. With prescriptions for a legal solution. 
RELATION OF HOUSE OF REPRESENTATIVES / REGIOMAL PEOPLES’S REPRESENTATIVE ASSEMBLY WITH ROLE OF POLITICAL PARTIES IN THE ERA OF REFORM IN INDONESIA Benjamin Tungga; Francis Xavier Wartoyo
Jurnal Reformasi Hukum : Cogito Ergo Sum Vol. 1 No. 1 (2018): Januari 2018
Publisher : Fakultas Hukum, Universitas Maarif Hasyim Latif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51804/jrhces.v1i1.200

Abstract

The idea to highlight and expose the dualism and impartiality of parliament members, either regionally and / or at national level, against Reviews their play jobs, functions, and roles as the members of any given political party was the first that Came to mind at the onset of writing this paper. Upon digging The Necessary information and materials, the main theme of this paper shifts to reveal that the election has Become a means to gain the position as the ruler that legalized and legitimate.Voters can choose directly Reviews their intended candidates as the winning one.As is the case, the loose ends of a regional unhappy residents growing niche and prefer to cut ties with the central government. Faced with the threat and imminent danger of separation insurgencies equipped with military supplies, the central government has run out of options, but the military oppression. Lack of experiences, skills, and training surely can not cope with the highly ones of the Indonesian military personnel, though with obsolete military weapons. The man behind the gun that matters.As the combatants are the same citizens, reconciliation between the brotherly belligerents must have been made. Power struggle must have been Carried out in a fashion as humanly possible. Election in either national or regional scale have Become the main battlefield. Today, it's not the blood that shed, but the money that must have been poured in a very large sum to win the election. As the members of any given political party, they must fully comply and obey with what would have been set as the rules, objectives, and interests of Reviews their political party.
LEGAL DUALISM MARRIAGE REGISTRATION FOR MUSLIMS IN INDONESIA M. Zamroni
Jurnal Reformasi Hukum : Cogito Ergo Sum Vol. 1 No. 1 (2018): Januari 2018
Publisher : Fakultas Hukum, Universitas Maarif Hasyim Latif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51804/jrhces.v1i1.202

Abstract

Marriage has a great significance in human life and the cultural patterns to control and establish a strong foundation in the household. There is a duality of the legal status of marriage to nationals of Indonesia, especially Islam, which is a valid marriage and recorded in the sub-district religious affairs office with a valid marriage according to the norms of Islam but is not listed on the state agencies. Legitimacy of marriage has legal implications of the status of children who are born, as well as inheritance rights affected, and the recording of the key events in the system of administration. This study uses the methodology of normative juridical deduction, the judicial approach. At the end of the discussion will be found the answer from the legal issues that the law of the State Administraon that marriage registration is administrative actions based on the legislation in force undertaken by the competent instasi. With prescriptions for a legal solution.
RIGHTS OF MATERIAL TEST ON GOVERNMENT REGULATION IN LIEU OF LAW IMPLEMENTATION Sulistyani Eka Lestari
Jurnal Reformasi Hukum : Cogito Ergo Sum Vol. 1 No. 1 (2018): Januari 2018
Publisher : Fakultas Hukum, Universitas Maarif Hasyim Latif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51804/jrhces.v1i1.203

Abstract

A test on a law conducted by the Constitutional Court is not only always related to the substance of a law but it can also associate with the formation process of the law. This means that Constitutional Court tests a law both materially and formally.  Testing on other regulations under legislation such as government regulation, Regulation of the President, and others carried out by the Supreme Court based on the Supreme Court Regulation Number 1 of 1999 on the Material Testing lawsuit. Especially on Government Regulation in Lieu of Law (Government Regulation), cannot be tested either by the Supreme Court and the Constitutional Court as it is temporary. The tests are carried out by non-justicial institution that their title depen on the institution that has the authority to conduct such testing. . This study uses the methodology of normative juridical deduction, the judicial approach. At the end of the discussion will be found the answer from the legal issues that the law of the State Administrai important role in the prevention and eradication of corruption. With prescriptions for a legal solution

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