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Pembaharuan Hukum
ISSN : 23550481     EISSN : 25803085     DOI : -
Core Subject : Social,
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
RECONSTRUCTION OF INDONESIAN AGREEMENT LAW Miftah Arifin
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1435

Abstract

In line with the development of a society that increasingly has been complex in modern times, there grow a variety of risks which are potential to be threats to any parties who haveexpectations for the success of the transactions they conduct. To realize the expectations, there has been developed the norms of law in the form of a set of principles and the rule of law. They are commonly understood as a legal contract or legal agreement (law of contracts) that is expected to increase certainty, justice and predictability and at the same time a device for parties to manage risk (risk management device).The development of treaty law set out in Book III of the Civil Code is affected by legislation such as the Basic Agrarian Law and Consumer Protection Law, judicial decisions and practicescarried out by the parties in their dealings. Basic Agrarian Law and its implementation rules give legal certainty to buyers with good intention.That’s why the future of the Indonesian National Contract Law should be developed by adhering to some of the main qualities, namely: first, it must be derived from the values of Pancasila and the Preamble and the relevant provisions of the Act of 1945. In other words, thoughts rising from the philosophy of life of the Indonesian nation and the constitutional basis of the Republic of Indonesia must become a national political treaty law; legal and political as far as possible is what animates the substance of Law of the National Agreement; second, must be designed as a sub-codification of law codification National Commitments to come, so that the preparation of the Law on National Contract Law would be prepared in anticipation of the general principles of the new Indonesian Engagements law; third, it must be designed as the foundation for the Law of Treaties of Indonesia, without having to assign a specific orientation to the civil law, common law, Islamic law or customary law, or other legal traditions. Law onNational Contract Law should be developed as a typical Indonesian Contract Law, because it is in line with the principles of Pancasila values. Yet, it should be able to answer legal issues.
RECONSTRUCTION OF LEGAL LIABILITY OF REGISTRATION BY NOTARY FIDUCIARY BASED ON PP No. 21 of 2015 Wieke Dewi Suryandari
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i2.3140

Abstract

Fiduciary term that has long been known in the Indonesian language. Similarly, the term is used in Act No. 42 of 1999 regarding Fiduciary. In the terminology of the Dutch term is often referred to in full, namely Fiduciare Eigendom Overdracht (FEO), namely the delivery of property rights in the trust. The methods used in this study, using juridical-empirics. Judicial approach used to analyze the various rules and regulations governing the fiduciary agreement and fiduciary While the English term is called Fiduciary Transfer of Ownership.Background onset of fiduciary institutions, as set out by the experts is because the statutory provisions governing the institution pand (pawn) contains many flaws, does not meet based on developments in its history, Fiduciary originated from an agreement that only is basedon trust. But over time in practice the necessary legal certainty to protect the interests of the parties and the needs of society.
URGENSI PEMBAHARUAN HUKUM PIDANA MATERIEL INDONESIA BERDASARKAN NILAI–NILAI KETUHANAN YANG MAHA ESA Sri Endah Wahyuningsih
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.v1i1.1457

Abstract

Indonesian criminal law reform material is important because the Criminal Code (WvS) hitherto in force in Indonesia is a Dutch colonial law which includes family/continental legal systems (“Civil Law System”) or “the Romano-Germanic family” were influenced by the teachings of that highlight the concept of “individualism, liberalism and individual rights, so it is not in accordance with the values of Pancasila includes precepts Belief in God Almighty. Thus the need for achange in the sense of reviewing (reorientation and reform) Indonesian criminal law, which is still grounded in the principles and foundations of the philosophy of foreign nations toward the criminal justice system is based on the philosophy of Pancasila as the values of national and state that aspired.
MUSLIM AWARENESS IN SCIENCE OF FARAIDH SYSTEMS Khifni Kafa Rufaida
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.v6i1.4362

Abstract

Islamic Inheritance Law basically applies to all Muslims in the world. But in fact, a true Muslim society must obey Mawaris jurisprudence is actually more leave even forget this science. Because it is no longer a concern for Muslims, finally arose some disputes between families which is really due to the neglect of science faraidh which has been arranged by God for the benefit of his people. It is important for the writer to contribute how to build awareness of the existence of Muslim faraidh science in the division of inheritance system. In this study, the method used to address the problem is normative. Methods of data collection in this research is done by: Library Researchand Field Research. The analytical methods used this research is qualitative analysis method. Awareness of the importance of the science of inheritance can be grown in a way memperlajari faraidh science. By studying faraidh will automatically raise awareness faraidh to apply science in the division of the inheritance. The author argues that this faraidh science should be included in a curriculum in Madrasah Diniyyah. The principle of peace is a justifiable manner, so that the atmosphere can be established brotherhood. Throughout the peace was not meant to proscribe lawful or justify the unlawful, then it is allowed. The author thinks that the lack of public knowledge about the law faraidh a major cause of the low awareness of the use of science in the division of islamic inheritance/faraidh.
IMPLEMENTASI KEBIJAKAN DISKRESI PADA SISTEM PELAYANAN PUBLIK DI KOTA TEGAL Ikmal Jaya
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i2.1477

Abstract

Bureaucratic discretion in local government as one of the efforts the effectiveness of public services in Tegal city publication in urgent circumstances is a condition that arises suddenly public interest that must be resolved quickly, which to resolve the issue, the legislation has not been set. The approach used in this study is a socio-juridical approach, the method or procedure used to solve research problems by examining secondary data such as material laws or regulations applicable law followed by conducting research on primary data in the field. The results obtained that 1) Discretion Policy Implementation bureaucracy in local government as one of the efforts the effectiveness of public services in Tegal publication in urgent circumstances is a condition that arises suddenly public interest that must be resolved quickly, which to resolve the issue the legislation has not been set or just set in general and the situation should not be created due to error or action by the Board of Administration officials who perform discretionary, 2) Constraints in the discretion of the bureaucracy in local government as one of the efforts of service effectiveness public in Tegal is insufficient fee due to excessive demand of bureaucratic discretion program.
THE ONLINE SINGLE SUBMISSION POLICY OF THE LOCAL GOVERNMENT APARATURE IN THE ERA OF GLOBALIZATION Prijo Dwi Atmanto
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.v6i2.8111

Abstract

The Electronic Integrated Business Licensing Service, which is more easily referred to by the generic name Online Single Submission, is present in the context of business licensing services that apply in all Ministries, Institutions and Local Governments throughout Indonesia, which so far have been carried out through Pelayanan Terpadu Satu Pintu (PTSP). Apart from PTSP, the public can access the OSS System online wherever and whenever. The OSS system was built in the context of accelerating and increasing investment and business, by applying licensing to seek to be integrated electronically. In the latest regulation regarding OSS, namely Government Regulation Number 24 of 2018, the Government regulates among other things the types, applicants, and issuance of businesspermits; implementation of business licensing; business licensing reforms by sector, OSS system, OSS institutions, OSS funding; incentives or disincentives for business licensing through OSS; problem-solving and business obstacles; and sanctions.
REKONSTRUKSI WAKAF DALAM PERSPEKTIF HUKUM BERBASIS NILAI KEADILAN kadarismanto .
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Waqf management in Indonesia is required commitment of government, scholars and the public. In addition it needs to be redefined on various matters pertaining to Waqf, including waqf property, benefits and management of Waqf endowment professionally. Treasures that will be used as endowments should not be limited to the non-moving objects, but also moving objects such as Waqf cash (money), stocks and others. In addition Endowments must be submitted to a special body has sufficient competence to be able to manage in a professionaland trustworthy. The research method used in this research is the method of sociological juridical means to identify and conceptualize the law as a social institution that is real and reviewing legislation governing endowments. Based on the results of this research is that: 1) In a political perspective the law, endowments in Indonesia is regulated by three legal instruments: the first with the Instrument of Government Regulation No. 28 of 1977, both with istrumen Impres ie Compilation of Islamic Law (CIL) and the latter with Instruments Act Law No. 41 of 2004; 2) Reconstruction of waqf-based equity value in Act No. 41 of 2004 was added to the formulation in Article 22 Endowment for the economic development of the State capital sources, to invest in sectors that benefit; Article 43 Paragraph (3) was added to the formulation of management of waqf objects by nadzir done productively and must make a profit “; Article67 added to the formulation For every person who intentionally abandon Land Endowment, a maximum of 4 years imprisonment and/or compensation of at least Rp.500.000.000,- (five hundred million rupiah).
LEGAL ASPECTS OF JUSTICE IN CRIMINAL LAW ENFORCEMENT Carolina da Cruz
Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i3.10934

Abstract

Criminal Law enforcement is an effort to realize legal ideas and concepts oriented to legal certainty as a noble ideal that must be applied by the state. The implementation of justice in criminal law enforcement in Indonesia can be said to be far from the goals to be realized by the rule of law. Enforcement of law and justice in the context of a fair legal process is a guarantee of the rule of law based on the constitution that must be able to realize and be felt by the people seeking justice as a reality. The law that is implemented and enforced must be a law that contains the values of justice, therefore, the true nature of law enforcement lies in the activity of harmonizing the relationships of values that are interpreted in the rules that are stable and manifest and act as a series of translation of the stage value the end, to create, preserve, and maintain the peace of association of life. In essence, the establishment of law and justice is a form of human welfare physically and mentally, socially, and morally.
PROBLEMATICS CULTURE OF CHILD MARRIAGE IN INDRAMAYU IN A LEGAL AND CULTURAL PRESFECTIVE Hazar Kusmayanti; Dede Mulyanto
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.v7i2.9297

Abstract

The problem of marriage is a very common problem for the world community, especially the people of Indonesia, one of the problems is child marriage. the highest likelihood of child marriage is in Indramayu Regency. The purpose of this study is to analyze the practice of child marriage that occurs in Indramayu, the reasons for child marriage. The method of the approach taken by the author is to use a normative juridical approach. Based on the research findings there are obstacles that cause child marriage culture in Indramayu as follows: There are religious views that allow underage marriages, There are differences in legal perspectives between traditional and contemporary fiqh, aspects of tradition and culture in the local area Modern communication technologies such as mobile phones encourage young marriages. The implication of this research is to socialize Law Number 16 the Year 2019 regarding marriages regarding the marriage age limit up to 18 years for men and women as well as government cooperation with community leaders, religious leaders and the Indonesian Women's Coalition to eradicate child marriage in various regions.
PERLINDUNGAN HUKUM SAKSI DAN KORBAN SEBAGAI WHISTLEBLOWER DAN JUSTICE COLLABORATORS PADA PENGUNGKAPAN KASUS KORUPSI BERBASIS NILAI KEADILAN Suratno Suratno
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i1.1653

Abstract

The question of Whistle blower or Justice Collaborator is a complex and interesting issue tobe discussed in a conception or legislation. The role of Whistle Blower and Justice Collaboratorin exposing such extraordinary crimes as corruption is a dilemma, because there is no adequatelegal tool to facilitate the legal guarantee to be obtained. The research approach used in thisresearch is sociological or socio-jurisdiction approach method -legal research. The results of theresearch indicate that: 1. The protection of the witness and victim’s witness law as Whistleblowerand Justice Collaborators on the disclosure of corruption has not been based on the valueof justice, it can be seen that the legal status of a whistle blower does not stop only whistleblowers, Be someone to be held accountable. 2. Legal protection barriers to the existence ofWhistleblower and Justice Collaborators on the disclosure of corruption based on the value ofjustice, known from the side of the substance of the law is the weakness of the arrangement ofJustice collaborator explicitly regulated only in Supreme Court Circular Number 4 of 2011 onthe treatment of rapporteur of acts A Whistleblower and a Justice Collaborator in a particularcriminal case, so that the SEMA does not have a binding legal force as does the Law.

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