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INDONESIA
Pembaharuan Hukum
Published by Universitas Islam Sultan Agung
ISSN : 23550481     EISSN : 25803085     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 449 Documents
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POLICE RECONSTRUCTION POLICY AND LAW IN THE IMPLEMENTATION OF ATTORNEY RESTORATIVE JUSTICE EMBEZZLEMENT BASED CRIME LAW PROGRESSIVE Sulistyowati sulistyowati
Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i2.1670

Abstract

The aim of this study is to determine and assess the legal policy in the Police and the Prosecutor in the application of restorative justice criminal offense of embezzlement  today, to know and study the the obstacles of legal policy in the Police and the Prosecutor in the application of restorative justice acts criminal embezzlement based on Progressive Law .This research is descriptive analytic research, which means the results of this study seeks to provide a thorough and in-depth description of a situation, fact or phenomenon. Approach method used in this study was empirical juridical approach or Socio - Legal Research. Analysis data used in this research was a qualitative descriptive data analysis.Results of this study are (1) The policy of law on the Police and the Prosecutor in the application of restorative justice criminal offense of embezzlement is for the investigation of the offenses of embezzlement. The investigators still examine the perpetrators, victims and witnesses, as well as what happens at the level of the prosecution attorney. The attorneys as a public prosecutor still proceed with the prosecution in accordance with the criminal procedure. Justice system if the parties so good Perpetrators, agreed to make peace and do not want to continue the case to the next process, the Investigator Police will apply discretion by allowing the case file was hanging in the sense of not issued Warrant Termination of Investigation  but did not proceed to the extent prosecution. Also at the level of prosecution, as the Attorney General Prosecutor not issued Cessation prosecution but also does not proceed bestow the file to the Court; (2) Factors to be obstacles in the implementation of legal policies Police and the Attorney General in the implementation of restorative justice criminal offense of embezzlement  at this time.
PERANAN BADAN PERMUSYAWARATAN DESA (BPD) DALAM PEMBENTUKAN PERATURAN DESA DI DESA KRANDON KECAMATAN GUNTUR KABUPATEN DEMAK Siti Rodhiyah; Muhammad Harir
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i3.1375

Abstract

The Village Consultative Council is a form of Democracy at the village level. Village consultative Council function to establish village regulations with village leader, accommodate and channel the aspirations of village communities. In this case the role of the Village Deliberation Agency which created village regulations with the Village Head in establishing the social civilization, economic and cultural.The research method uses sociological juridical approach, with object of study especially role of Village Consultative Council as partner of Village Head in establishing Village Regulation.The result of the research shows that the role of the village consultative council in the formation of village regulations in Krandon Village, Guntur District, Demak Regency is not optimal enough to extend the hand of the village because the village regulations that have been established in the last two years do not reflect the needs of the community and the community And the constraints affecting the legislative function of the village consultative council, as well as the factors that become obstacles in the preparation and stipulation of the protest, among others, the poor quality performance of the village apparatus and village consultative bodies, the lack of village budgets in every legislative process, the internal quality of the Village consultative council.
RECONSTRUCTION OF THE ROLE OF THE GOVERNMENT OF THE DISTRICT OF KOTA IN HANDLING OF PROVINCIAL ROAD LAYING PROGRESSIVE LEGAL edy praptono
Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i3.2329

Abstract

The success of development in a country, strongly influenced by the role of transportation. Development of transportation is very important to support and drive the dynamics of development, because its function as a catalyst in supporting economic growth and regional development. The current condition of Indonesia's transport infrastructure has greatly declined. Damage occurs, especially in provincial roads, so it is necessary to develop transportation infrastructure by the district/city government.
PERLINDUNGAN HUKUM PENGGUNA JASA ELECTRONIC BANKING (E-BANKING) DI TINJAU DARI PERSPEKTIF HUKUM PIDANA DI INDONESIA Aryani Witasari; Aris Setiono
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i1.1422

Abstract

Crime e-banking frequent one ATM card forgery. The perpetrators made a complete fake ATM cards with a magnetic stripe that already contains data records of card fraud. In addition to falsify the card, the perpetrators also know the PIN number of the card is duplicated / forged. ATM card forgery or duplication can be done because the necessary equipment to do so can be easily obtained in the market. This study uses normative legal approach by researching library materials or secondary data only, which relates to the legal protection of e-banking customers in the perspective of criminal law, using the approach of legislation, conceptual and historical. The study says that the legal protectiongiven to customers when there is a loss in e-banking transactions are bank provides its customers the facility if the losses caused by the e-banking, the bank facilitates its customers by providing legal assistance in litigation and non-litigation. 2) The legal protection of the victims of the features of e-banking in the standpoint of criminal law, is shared by the two concepts, namely the protection of the law implicitly and explicitly, of the concept of legal protection that customers have the force of law if the victim of the implications that exist within an e -banking.
SANCTIONS POLICY IN THE INDONESIAN ACT. NO. 35 OF 2009 ON NARCOTICS Indah Setyowati
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i1.3022

Abstract

Law is a legitimate product that is issued by the government / state is defined as a rule that should be known by the people or the public anywhere in the territory. The Act of the Republic of Indonesia Number 35 of 2009 on Narcotics is the latest drug laws supersede previous laws. Sanctions policy in this legislation is seen using a double track system which means that the policy of sanctions to use two-lane system is a criminal path for all the prohibited acts and course of action for users / abusers. While the sanctions policy are the following types may be criminal sanctions in principal and additional criminal, criminal sanctions are generally threatened by cumulation ie for example imprisonment with penalty, No weighting towards certain crimes when committed in an organized with conspiracy and carried out by the corporation and recidive. Experiment with a criminal offense the penalty is equal to committing a crime.
AKIBAT HUKUM AKTA PERJANJIAN KREDIT YANG DIBUAT NOTARIS DENGAN JAMINAN HAK TANGGUNGAN ADANYA KEPASTIAN HUKUM DAN KEADILAN PARA PIHAK Oting Supartini; Anis Mashdurohatun
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i2.1443

Abstract

The purpose of this study is the legal consequences arising out of the Credit Agreement with the guarantee of mortgage studies in case number 127 / Pdt.G / 2014 / PN.SMG, in the District Court of New York, How should a notary to make loan agreement with the Mortgage Guarantee ensure legal certainty.In this study, using juridical empirical method. Type and source of the data used in the primary and secondary data. Collecting data with the study of literature and the (observation, interviews and questionnaires). Analysis of data for qualitative descriptive. As a result of the law on the ratification of the creditors of the credit agreement by notary, with a guarantee of mortgage, based on the wording of Article 6 of Law No. I R 4 Year 1996 on Land  and Other Bodies related to the land, the right to sell the object of mortgage on its own power is one embodiment of the priority positions (referent). And as a result of the law of the debtor apply Article 1338 of the Civil Code, Article 1243 applies, Article 1244KUHPerdata, and Article 1237, paragraph (2) of the Civil Code. The legal consequences of Notaries that have fulfilled the provisions of Article 1320 of the Civil Code in accordance with the obligations of and is not in violation of Article 16 on the obligation of, and in compliance with the Article 38, 39, 40 andArticle 44 paragraph (1), (2), (3) and paragraph (4), Law of Republic of Indonesia No. 30 2004 Jo No. 2 Year 2014 concerning Notary and do not violate the code of ethics of the notary, so that the act is still not degraded to act under the hand. Of a credit agreement with a guarantee of mortgage that guarantees the rule of law and justice of the parties, the fulfillment of Article 1320, Article 1321 of the Civil Code, and Notary must comply with Article 15 and Article 16 ofthe Law Notary, implement the Code of conduct and other Law.
TESTIMONY OF THE CONSTRUCTION MASTER WHO HAVE NO COMPETENCE IN THE CASE OF CORRUPTION Sera Rosanto
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3541

Abstract

Calculation of state losses can only be done by a master . Master  here are not only master  in the field of financial audit but also engineers who will calculate the feasibility of construction of a building in case of corruption was related to the construction field. Master  who has the competence docalculating the quantity of a building and the price of a building is a person who has a construction management certification. Description of the Construction Master  who have no competence in the matter of corruption, the statement becomes invalid.
STATUS KEPEMILIKAN RUMAH SUSUN DI ATAS HAK GUNA BANGUNAN YANG MELEKAT DI ATAS HAK PENGELOLAAN (TANAH KOMPLEK BANDARA KEMAYORAN) Purbandari Purbandari
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i1.1465

Abstract

Organizers of development (third party) who has entered into an agreement with the holder of rights management; such as rights management is controlled by Indonesian State Secretariat complex on land Kemayoran New Town Airport; may establish flats on land management right after previously completing the status of land rights into Broking . Management Rights is a right that comes from the State of land tenure which authorizes the holder of rights. Management rights will not expired , but Broking attached on it still has a term to be extended with the consent of the owner of the Management. An issue for state ownership apartment units in Bandar Kemayoran New Town when Broking cannot be extended or split Certificate of Ownership Flats Upper Unit not approved by the holders of Rights Management. This study uses a type of juridical normative, descriptive, using a data collection tool to obtain documents study secondary data sourced on primary legal materials, secondary and tertiary units associated with the ownership of the Flats above Broking attached on the Management of New Town Kemayoran Airport, using qualitative analysis.
IDEAL ELECTRONIC CONTRACT MODEL AS A FORM OF E-COMMERCE DISPUTES SETTLEMENT Andi Aina Ilmih; A Zulkarnain
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i1.4463

Abstract

This study focuses on electronic contracts in the Indonesian Home Credits Financing Institution by analyzing the effect of electronic contracts on electronic transactions in Indonesia. Then find the ideal model of electronic contracts as a form of e-commerce legal dispute resolution. This study uses normative legal research methods, with a legal approach and a conceptual approach. Based on the research that has been done, the influence of electronic contracts in electronic transactions (e-commerce) in Indonesia has brought about major changes by changing the model of non-electronic (conventional) commercial transactions into electronic (modern) transactions and inspiring online dispute resolution. Then the ideal model of electronic contracts as a form of e-commerce legal dispute resolution in Indonesia, must contain 10 important things in the e-contract clause namely: 1. Freedom of Contract; 2). Offers and Receipts; 3). Good intention; 4). Use of Terms; 5). Risk Transfer; 6). Please Loss; (7). Emergencies; 8). Changing Contracts; 9). Termination reasons; 10). Choice of Law and Dispute Resolution online, as stated in the e-contract of Indonesian Home Credits.
KEBIJAKAN FORMULASI HUKUM PIDANA TERHADAP MALE RAPE DALAM PEMBAHARUAN HUKUM PIDANA BERDASARKAN NILAI KEADILAN Anis Widiyanti
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i1.1482

Abstract

The Impact of globalization facility access of foreign cultures, including ease of access to the means of pornography and pornographic, resulting in the absence of a strong handle on life, causing rape behavior. Rape itself is usually synonymous with women as victims and men as perpetrators. In fact, men can be victims of rape and women are able to become actors. Positive criminal law that applies in Indonesia contains the definition of rape is too shallow. In the legislation in Indonesia implements rape sex offenders must be a male and a female rape must be victim. This of course is loaded with elements of discrimination because it does not include the various forms of rape that occurred in the community. The protection of victims of crime of rape cannot be separated from the consequences experienced by the victim after the rape that happened. Victims not only suffered financial losses and social losses, but also suffered physical and psychological suffering that needs to be formulated on the formulation of criminal law reform regarding criminal offenses of rape based on the value of justice.

Page 11 of 45 | Total Record : 449

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