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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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INTERNATIONAL LAW INTERNATIONS AND HUMAN RIGHTS Saleh Raed Shatat
Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i2.9259

Abstract

International law, also known as public international law and law of the nation is the set of rules, norms, and standards generally accepted in relations between nations. The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of lawrecognized by most national legal systems. Human Rights are the basic rights and freedoms to which all human beings are entitled, like civil and politicalrights, the right to life and liberty, freedom of thought and speech/expression, equality before the law, social, cultural and economic rights, the right to food,the right to work, and the right to education. In short, human rights are freedoms established by custom or international agreements that protect the interests of humans and the conduct of governments in every nation. Human rights are distinct from civil liberties, which are freedoms established by the lawof a particular state and applied by that state in its own jurisdiction. Human rights laws have been defined by international conventions, by treaties, and by organizations, particularly the United Nations. These laws prohibit practices such as torture, slavery, summary execution without trial, and arbitrarydetention or exile.
ANALISIS YURIDIS SOSIOLOGIS TERHADAP PERLINDUNGAN ANAK DALAM KASUS EKSPLOITASI PEKERJA ANAK Fatin Hamamah
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i3.1499

Abstract

The phenomenon of child labor is currently a problem that is difficult to overcome, child labor appears not only caused by economic factors, but also caused by environmental factors and family. The purpose of this study is to analyze and find the characteristics of child laborers who have the potential for exploitation and the role of government in handling the problem. This research uses qualitative method with data collection technique done by observation (observation), free in-depth interview and supported by literature study. The results showed that the characteristics of child labor problems are mainly related to poverty and underdevelopment. The role of government in handling the problem of child labor is to accommodate the best interests of children to save the survival of the Nation and the State through the guarantee of life protection of Indonesian children by legislative, executive or judiciary.
PERBANDINGAN HUKUM KEDUDUKAN AHLI WARIS PENGGANTI BERDASARKAN HUKUM KEWARISAN ISLAM DENGAN HUKUM KEWARISAN MENURUT KUHPERDATA Peni Rinda Listyawati; Wa Dazriani
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i3.1511

Abstract

Indonesia imposed three legal systems, namely western law, Islamic law and customary law, each of which has its own arrangements, including inheritance arrangements, in particular on the provisions of the replacement heirs. The legal arrangement of inheritance regarding the provisions of the replacement heirs there are similarities and differences of position which are set by each legal system, especially between Islamic inheritance law and inheritance law according to the Civil Code. The research method used by the method of juridical normative in the form of theory, concept and idea about the comparison of surrogate heirs between Islamic inheritance law with the law of inheritance according to the Civil Code. In the research conducted, the authors obtained the result that the position of the surrogate heirs in the inheritance of Islam formulated tentatively in Article 185 paragraph (1) KHI and in the Civil Code formulated in Article 841-848 Civil Code. Differences of substitute heirs according to the Law of Inheritance of Islam with the Law of Inheritance according to the Civil Code one of which is the right that the substituted heirs obtain is not necessarily the same as the right of the person to be replaced, nor shall it be exceeded from the part of the heir equal to that which is replaced, but may be reduced. According to the inheritance law of the Civil Code of the section to be obtained the heirs who replaced his father’s position exactly the same as the part that should have been his father if his father still lives from the heir.
REKONSTRUKSI PEMERIKSAAN PERKARA DI PENGADILAN HUBUNGAN INDUSTRIAL BERBASIS NILAI CEPAT, ADIL DAN MURAH Hono Sejati
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1345

Abstract

Judge’s decision should reflect the moral justice, social justice, and legal justice, the judge must hear the testimony of the parties, in order to produce a verdict worth of truth, honesty and has a value of fast, fair and cheap. In industrial disputes, the issue is how the dispute is resolved, in order to provide legal certainty based on values   of justice for both workers and employers. Some issues examined in this study were (1) Why the Industrial Relations Court proceedings currently not fast, fair and cheap? (2) what barriers that happens in the proceedings in the Industrial Relations Court today that has not been fast, fair and cheap? How is the reconstruction proceedings in the Industrial Relations Court based the value of fast, fair and cheap? The research used sociological juridical approach. Data collection techniques were done by using interview, observation and documentation. Data were analyzed using interactive analysis method. Results of this study conclude that (1) Examination of the Industrial Relations Court has fast, fair, and inexpensive. It is caused by differences in terms of filing a lawsuit in which the provisions of civil law. In the case of filing a lawsuit on his nervous at the district court in the area where the defendant place residence or domicile (Article 118 HIR / Article 142 RBg, whereas in Article 81 of Law No. 2 of 2004 stipulates that industrial relations disputes lawsuit in the District Court jurisdiction covers the workers / laborers. From these provisions, no factor sequititrum forum rei is known to be abandoned. Forming the Act does not provide an explanation of the application of the principle of a lawsuit filed in the workers / laborers. (2) The obstacles that occur in examinations litigation industrial relations are: filing a lawsuit, calling longer because the place stay defendant outside the jurisdiction of the courts located or the defendant has died, the company that has no operations or directors have left Indonesia, as well as the lack of control of the board Unions / Labour as the holder of the power which is actually not a graduate or undergraduate law will hinder the investigation because the process examination the judge must be active members of the advice and knowledge of proceedings. (3) Reconstruction of the court proceedings in industrial relations is based on the value of fast, fair, and inexpensive which is done by consensus as the settlement of disputes in the Industrial Relations Court.
AGREEMENT ON THE JOINT COMPREHENSIVE PLAN OF ACTION (JCPOA) BETWEEN IRAN AND THE UNITED STATES Mohamad Amine El Khalfi
Jurnal Pembaharuan Hukum Vol 7, No 2 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i2.11296

Abstract

Joint Comprehensive Plan of Action (JCPOA) is the result of diplomatic negotiations reached by the United States, Britain, France, Russia, China, Germany and Iran in 2015 regarding the Iran Nuclear Agreement. The emergence of this agreement was due to Iran's actions abusing its nuclear development to serve as a weapon of mass destruction in 2011. In response to this, Western countries imposed economic sanctions on Iran in the hope of weakening Iran's position so that it does not have the ability to continue its nuclear weapons program. In fact, these sanctions succeeded in weakening the Iranian economy but were not politically effective enough because the Iranian government remained strong, this led to Iran being still involved in various conflicts in the region and still insisting on developing its uranium enrichment. Iran's tough stance made Western countries choose to bring Iran into the negotiations by making offers that could attract Iran's attention. During the Obama administration, the United States succeeded in bringing Iran into the negotiations. An achievement when the United States together with Britain, France, Russia, China, and Germany succeeded in getting Iran to agree to stop developing its nuclear weapons in exchange for the lifting of sanctions from the West. However, when the Donald Trump administration tensions began to re-emerge with the assassination of one of Iran's war generals that took place in 2020. The United States succeeded in bringing Iran into the talks. An achievement when the United States together with Britain, France, Russia, China, and Germany succeeded in getting Iran to agree to stop developing its nuclear weapons in exchange for the lifting of sanctions from the West. However, when the Donald Trump administration tensions began to re-emerge with the assassination of one of Iran's war generals that took place in 2020. The United States succeeded in bringing Iran into the negotiations. An achievement when the United States together with Britain, France, Russia, China, and Germany succeeded in getting Iran to agree to stop developing its nuclear weapons in exchange for the lifting of sanctions from the West. However, when the Donald Trump administration tensions began to re-emerge with the assassination of one of Iran's war generals that took place in 2020.
THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE Hanuring Ayu Ardhani Putri
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.v4i2.1746

Abstract

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.
KEBIJAKAN DAERAH DALAM PROGRAM PENGENTASAN KEMISKINAN DALAM RANGKA PENINGKATAN KESEJAHTERAAN RAKYAT BERDASARKAN UNDANG UNDANG NO 13 TAHUN 2011 DI KABUPATEN DEMAK Sri Kusriyah; Dina Aulia
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.v3i3.1369

Abstract

Efforts to prosper the poor to this day is still partial scattered in various provisions of legislation, so it is necessary a law that specifically regulate the poor. This research is a descriptive empirical research specifications of the data collection techniques that are exposure, aims To obtain a complete picture of the legal situation prevailing in a particular place. A descriptive study is intended to provide as much data as possible about humans, circumstances or other symptoms. Data analysis techniques using quantitative data analysis methods. Based on the results of research and analysis that has been done can be concluded that the strategic policy of the region in poverty alleviation programs based on Law No. 13 of 2011 on Fakir Poor in Demak District is still very minimal because new in 2013 is being discussed on the Draft of Regional Regulation on Poverty Reduction, Obstacles faced in the implementation of poverty alleviation programs based on Law No. 13 of 2011 on the Poor in Demak Regency is the lack of regulations that support poverty alleviation and the lack of budget APBD.
Absolute Properties of Arbitration Decision in Business Dispute Settlement Based on Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution Law Based on Justice Theory Perspective aryani witasari
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.v4i3.2325

Abstract

Article 2 of Law Number 30 Year 1999 concerning Arbitration and Alternative Dispute Settlement indicates that dispute settlement or disagreement among parties in a certain legal relationship shall be the authority of the arbitration institution, if it has been agreed in an arbitration agreement. This research tried to criticize the concept of absolute nature of the arbitral decision in the settlement of business dispute in the perspective of the theory of justice. Method of data retrieval used in this research was by collecting literature study by studying data and analyzing the entire contents of library by linking to existing problems. The final and legally binding arbitral decision, if associated with Aristotle's corrective theory of justice, does not at all reflect the basic value of justice. This is indicated by not giving an opportunity for another party whose position is higher to correct the decision, whereas in the judicial system, the court as an ordinary court having legal status (legal statue) and legal authority (legal authority/legal power). Verdict the panel of judges can still be corrected through the usual remedies (appeals) and extraordinary reviews.
TINJAUAN HUKUM PEMIDANAAN TERHADAP PELAKU PENYALAHGUNA NARKOTIKA DENGAN SISTEM REHABILITASI Andri Winjaya Laksana
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.v2i1.1417

Abstract

Narcotics abuse has long been a serious problem in many countries. The conviction of narcotics abusers with imprisonment is an illegal law enforcement, narcotics abusers can be regardedas sick and very unwise when people mix up sick people with other offenders. The approach method used in this research is sociological juridical or socio legal research approach, that isthe way or procedure used to solve the research problem by examining secondary data in the form of legal materials or applicable law regulations then followed by conducting research on data Primary in the field. The result of the research shows that 1) The basis of criminalization of narcotics abuse with rehabilitation system is done with the classification of the Defendant when arrested in the condition of hand caught, 1 (one) day evidence was found with the detail of Law No. 35 of 2009, it was stated positive using narcotics based on Laboratory test letter based on the request of the investigator, Need Certificate from the doctor / soul psychiatrist government appointed by the judge, There is no evidence that the concerned involved in illicit narcotics. 2) The Obstacle of Criminalization Against Narcotics Abuse Culprit with Rehabilitation System due to the conflict between Laws and Regulations on the provision of rehabilitation then becomes the initial trigger for the implementation of rehabilitation in Indonesian punishment system.
PREVENTIVE EFFORTS OF CORRUPTION THROUGH RELIGIOUS MORAL REINFORCEMENT AND REPRESIVE EFFORTS THROUGH THE IMPLEMENTATION OF THE REVERSAL BURDEN PROOF IN ERADICATING CORRUPTION IN INDONESIA Sulistyowati Sulistyowati
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.v5i1.3000

Abstract

Corruption in Indonesia occurs systematically and extends not only state finances, but also has increased rights and space for society, but also needs to be done in the normal way. Thus, the eradication of corruption must be done in a special way through moral reinforcement and repressive efforts through the application of reversed proof. One way that can be done to resolve corruption, is to take preventive action as a preventive action and law enforcement action, in a repressive way. The spiritual spiritual service is the guidance, the life to determine the attitude and purpose of life. Religious spirituality as well as a solid foundation for determining the direction of life and as the ideal ideal to guide and direct, every human desire and passion

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