Pembaharuan Hukum
Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, students, practitioners that came from Indonesia and abroad to express the idea about technology and update in law. The aim of this journal is to develop and improve knowledge especially in law area.
Articles
449 Documents
<![CDATA[LEGAL PROTECTION OF THE CHILDREN ON VIOLENCE BY THE PARENTS (A Study in Demak) ]]>
<![CDATA[Sugiharto Sugiharto]]>;
<![CDATA[Jehan Bestari Amartiwi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i1.3002
<![CDATA[The criminal act of domestic violence is very common talk among the public. Domestic violence often occurs due to several factors, among which are economic factors that occur in the household as was the case between husband and wife or parents and children. The method used is the juri dical methods of sociology with emphasis on research that was done on the real state of society. Research shows that the legal protection of children as victims of criminal acts of violence committed by parents in the region, namely Demak amicably and lega l action . ]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN KEJAHATAN PERDAGANGAN ORANG (STUDI TENTANG IMPLEMENTASI UNDANG-UNDANG NO. 21 TAHUN 2007) ]]>
<![CDATA[Lathifah Hanim]]>;
<![CDATA[Adityo Putro Prakoso]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i2.1434
<![CDATA[Human Trafficking especially against women and children is a crime whose perpetrators must be severely punished. Most victims of trafficking are women and children whose educational level is low and the weak economic situation, therefore victims should receive legal protection. The method used in this research is juridical sociological or socio legal research, the method or procedure used to solve research problems by examining secondary data such as ingredients laws or regulations applicable law followed by conducting research on the data primer on the field. The results showed, 1) factors that cause human trafficking are poverty, low education, Promiscuity, lack of information. 2) obstacles in the legal protection for trafficking victims even though the government has issued Law No. 21 of 2007 on the Eradication of Trafficking in Persons, but it is unfortunate that the law can not be enforced effectively, because there are some obstacles in the form factor of non-juridical include economic factors, poverty, education factors are low and social and cultural factors.]]>
<![CDATA[CYBERCRIME COMPARISON UNDER CRIMINAL LAW IN SOME COUNTRIES ]]>
<![CDATA[Andri Winjaya Laksana]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i2.3008
<![CDATA[Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international matter, development of information and technology’s crime resulted in every country have a different policy of criminalization. The emphasis on cross-country has made a crime on the internet is not just a national issue, but has become an International problem. therefore it is important to have uniformity in the prevention of cybercrime that this crime can be solved. Based on the comparison of cybercrime that included the rules from various countries including the United States, Singapore, the Netherlands, the Philippines, Myanmar as a reference in the application of criminal law enforcement regulations regarding cybercrime seal the document.]]>
<![CDATA[KAJIAN UNDANG-UNDANG OTONOMI DAERAH TERHADAP PERSOALAN BATAS WILAYAH ]]>
<![CDATA[Abdul Choliq Dahlan]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v1i1.1456
<![CDATA[Regional autonomy laws either in Law No. 22 of 1999 Section 89 and as successor Act No. 32 of 2004 still contains many flaws that eventually lead to problems many disputes betweenregions, especially special again raises the issue of boundaries. Thus certainly necessary legal product that is able to provide answers and be able to prevent the emergence of inter- regional disputes in this case the author is more likely in the form of laws rather than laws under law because the issues emerging boundaries often cause many problems such as political, economic, culture, religion, race and so forth. From the findings obtained Nurbadri important point that conflict boundaries between regions mainly influenced by the legal and non- legal factors. Legal factors have two (2) legal substance that is first caused by the formation of legislation that are too hasty, the blurring of the boundary setting, and secondly the lack of socialization Act of regional expansion. The next is not yetclear legal structure due to changes in legislation that is too short.]]>
<![CDATA[RECONSTRUCTION OF CRIMINAL SANCTIONS ON CORRUPTION BASED ON DIGNITY JUSTICE THEORY (Case Study On Corruption Court Decision) ]]>
<![CDATA[Suyono Suyono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i3.3830
<![CDATA[As a universal form of crime, corruption can not be termed as a new problem in matters of law and economics for a Nation. The development of corruption in Indonesia at this time is very dangerous development and hamper prosperity in achieving levels of Indonesian society. Corruption affects civil servants and law enforcement officers. There are several factors generally understood to mobilize human intentions to commit corruption. In other words, there habit of consumptive life. Buy goods that are not so required. There is no shame in social life with all the luxuries that do not fit the job profile. Coupled with no fear of God because of the lack of religious foundations and many other factors that are trusted public can influence a person committing corruption. The idea for the reconstruction of criminal sanctions against perpetrators of corruption based on values of justice with dignity can be realized by studying the court decision corruption case. The idea of such reconstruction is motivated by, among others, the urgency of public policy according to the law of the importance of a step in the eradication of corruption more quickly and effectively in a superb tackle extraordinary crime.]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM E-COMMERCE SEBAGAI AKIBAT DARI GLOBALISASI EKONOMI. ]]>
<![CDATA[Lathifah Hanim]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v1i2.1476
<![CDATA[Globalization's impact on the development of technological advances free trade between countries. through international trade spawned free trade rules and more focus on the development of a free market, quickly in a life without limits. The realization of the consequences of free trade globalization is the emergence of the phenomenon of Electronic Commerce. The research method used is normative juridical. legal research literature is legal research conducted by examining the library materials or secondary data. The results obtained that legal protection for parties in e-commerce as a result of economic globalization include the two sides are in agreement and outside the Agreement, as well as E-Commerce Transactions settings in Act No. 11 of 2008 can be described as the need for the existence of an Institution Certification Reliability to certify to the party who will conduct electronic transactions (Article 10); Setting the implementation of the Electronic Transactions (Article 17 Paragraph (3)); Regulation on Electronic Contract for Electronic Transactions (Article 18 Paragraph (1)); Dispute Resolution on Electronic Transactions (Article 18, Paragraph (3)); Electronic system as a system implementation Electronic Transactions (Article 19); Regulation on Electronic Agents as intermediaries in Electronic Transactions (Article 21 and 22).]]>
<![CDATA[IMPLEMENTATION OF INDONESIAN POLICE (POLRI) TASK IN CHANGING ERA: A PARADIGMATIC STUDY ON THE MODEL OF COMMUNITY PERPOLISM (POLMAS), LEGAL ENFORCEMENT AND LOCAL FUNCTION ]]>
<![CDATA[Rudy Cahya Kurniawan]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i1.4878
<![CDATA[Before Society Police was carried out the community still complained about the police's performance which was not maximal in overcoming and minimizing the security of criminal acts within the community itself, so it was hoped that with the establishment of Society Police, Society Police could help the police in dealing with crime around the community so safe and orderly environment. The writing of this dissertation is essentially focused on the implementation of Polri's duties in the changing era with a paradigmatic analysis of the model of Society Police (Polmas), law enforcement and local wisdom. This effort requires cooperation between law enforcement officials. The thing that needs to be understood from the Polmas model above is the pattern of the legal system towards the implementation of Indonesian Police duties related to Society Police and problems relating to the community, especially related to solving small problems such as security and order in the community through Society Police and influencing factors the implementation of Society Police in creating a conducive society security situation . The theory or concept of criminal policy is used as the analytical system.]]>
<![CDATA[PENGARUH PEMBANGUNAN DI ERA GLOBALISASI TERHADAP PEMENUHAN HAK ASASI MANUSIA ATAS LINGKUNGAN HIDUP YANG BAIK DAN SEHAT ]]>
<![CDATA[Setyo Utomo]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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<![CDATA[Development in the current era of economic globalization has turned out to influence the environmental damage. It certainly has an impact on access to the fulfillment of the human rights guaranteed by the constitution to earn a good living environment and healthy. Every effort has been the development of appropriate attention to the principles of environmental protection laws and sustainable development. Government as a major stakeholder in the obligations of the right to a healthy environment should act progressively in law enforcement efforts in the field of environment and natural resources.]]>
<![CDATA[REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION ]]>
<![CDATA[Rakhmat Bowo Suharto]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i3.9531
<![CDATA[The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.]]>
<![CDATA[PERAN POLRI DALAM PEMBERANTASAN PERUSAKAN HUTAN ]]>
<![CDATA[Anwar Sodik]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i3.1505
<![CDATA[The problem of forest destruction remains a national issue that requires serious attention from all sides. The necessity of the above gain serious attention is not due to the high forms of violation of forest destruction. Increased forest destruction related offenses easily known by the public not only through reports in the mass media, both print and electronic, but also from various data issued by various institutions, both private and government. Police as one of the institutions responsible for upholding the law must be prosecuted participation in supporting the realization of combating the destruction of forests. In connection with this, the problems that wish to reply to the author in this study about : How is the role of the police in combating forest destruction, efforts have been made by the police in the clearance of forest destruction, constraints What are occurring in the implementation combating forest destruction has been done by law enforcement officials Police in Perum Perhutani Forest Management Unit Kendal and alternative solutions to completion.This type of research used in this study is a normative legal research, with descriptive research normative specifications. The data source can be either secondary data and primary data, for the data collection method by means of literature study and interviews. Data analysis method used was qualitative analysis for this study starts from the existing regulations as the basis for positive law.From the results of this study concluded that: handling Combating Deforestation is not maximized and still piecemeal in handling, between the national police and Perum Perhutani still not fully synergies due to the absence of good cooperation with the team because the team is in the handling of forest destruction has not been working in groups , so as to enhance and maximize efforts should be made to develop cooperation component of the criminal Justice System (CJS) in order to create synergy between law enforcement officers in tackling crime forest destruction and laundering the proceeds of forest destruction and formed a team / joint task force of Perum Perhutani with the Police and given awards or rewards for their dedication in the disclosure of forest destruction that have been disturbing and detrimental to a country with immense loss.]]>
