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.
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449 Documents
<![CDATA[IMPLEMENTASI IDE KESEIMBANGAN DALAM PEMBANGUNAN HUKUM PIDANA INDONESIA BERBASIS NILAI-NILAI PANCASILA ]]>
<![CDATA[Ira Alia Maerani]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v3i3.1364
<![CDATA[Criminal Law Science consists of the Criminal Law Material (consisting of the Code of Penal (Penal Code=KUHP) and Act Outside the Criminal Code), Formal Criminal Law (Code of Criminal Law), and the Law of Criminal Execution. Code Penal (Penal Code) is derived from the Wetboek van Strafrecht voor Nederlands Indie (WvSvNI). Criminal Code (WvSNI) is a legal product "foreign" Dutch colonial administration which is not in accordance with the values espoused Indonesian nation and not in accordance with the conditions of the Indonesian nation freed with Pancasila as the foundation philosophy of legal development in Indonesia. Issues to be studied in this paper about the Pancasila philosophy approach in development efforts in the Indonesian criminal law and the implementation of the idea of balance in the development of criminal law in Indonesia are based on the values Pancasila. Research done by digging the values of Pancasila, the value on God particularly those contained in the Law of Islam (as a religion writer and the religion professed by the majority of the people of Indonesia), the value of humanity, unity, democracy, and social justice to change ideas/concepts of foreign laws that are incompatible with the basic philosophy of Pancasila. This study uses normative juridical methodology as in finding the data will be examined to the text of scripture, law and legal literature.]]>
<![CDATA[MAKING THE CONTENTS OF LETTERS IN THE NOTARIS IN ISLAM'S LEGAL PERSPECTIVE ]]>
<![CDATA[Tubus Tubus]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v4i2.1747
<![CDATA[This paper aims to examine the making of the contents of wills examined from the point of view of Islamic law, in practice the reality in the lives of many people who have not heed the word basmallah as an incantation in the contents of the will for the followers of Islam. In this study using sociological juridical method, where the primary data obtained directly from field research, while secondary data obtained from the literature. The results obtained that the way of making the contents of the will and the absence of public legal awareness is optimal for the making of the contents of wills in accordance with Islamic law. And there are still weaknesses in the Making and Implementation of the contents of the current will, when the testament is oral, namely: The absence of the sacred intention or the noble intention of the collector must not necessarily occur; unsecured rights of the recipient, in the event of any problems of the future heirs of the pewasiat; there is a difficulty of proof in the absence of witnesses, when the will is brought before the Court. Law renewal in the making of the contents of the will in the presence of a notary in the perspective of Islamic law are: the reconstruction of its value, the Ideal Formation of the Will, the testament is done in writing witnessed by two witnesses and before the Notary. Ideal Construction Format of Testament Creation. The testament is written in the presence of two witnesses or in the form of a Deed or a Notary Deed. At the head of the will or the Deed or Notarial deed is included a sentence “Basmallah”.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP IMPLEMENTASI PIDANA KORUPSI DALAM UPAYA MENGEMBALIKAN KERUGIAN KEUANGAN NEGARA ]]>
<![CDATA[Mustaghfirin Mustaghfirin]]>;
<![CDATA[Irwanto Efendi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i1.1412
<![CDATA[In Indonesia, the nature and form of corruption that has been systemic, thus making every effort to eradicate is not automatically easy to do just because of changes in democraticpolitical constellation. Corruption is closely related to the factor of abuse of authority or influence existing on the person’s position as an official who deviates from the law so that the action is detrimental to the state’s economy and finances. The act of corruption is complex as a complex crime is expressed by the increasingly sophisticated modus operandi used and the shrewdness of the perpetrators in removing traces makes the disclosure of corruption criminal cases increasingly difficult to reach, thus requiring a long time and a difficult way to provesufficiently juridically.Considering that Corruption has been classified as extraordinary crime so that in the effort of eradication and eradication it can no longer be done normally, but in extraordinary ways (Extra Ordinary Counter Measures) as described in general explanation of Law Number: 20 Year 2001 and Law Number: 30 Year 2002 about Corruption Eradication Commission. Necessary support of all components of the nation so that law enforcement officers need not hesitate to take action against anyone who commits a criminal act of corruption because the responsibility of eradicating corruption not only lies on the shoulders of law enforcer only, butalso the responsibility of all components of the nation.]]>
<![CDATA[WAQF AL-NUQŪD IN INDONESIA (In Law Perspective) ]]>
<![CDATA[Ong Argo Victoria]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v5i1.2999
<![CDATA[This article aims to make an overview on the rule and significance of waqf al-nuqūd (cash waqf) in Indonesia as a new social tool to alleviate poverty. The author highlights that Cash waqf is introduced as a new concept of waqf to solve many social problems in Muslim society of Indonesia. The qualitative methodology is employed to analyze the issues and development of cash waqf in Indonesia. Findings indicate that the cash waqf has been legalized by both Islamic scholar and national law of Indonesia so that Muslims have a chance to maximize the utilization of their waqf through a well-organized endowment and waqf organization.]]>
<![CDATA[IMPLEMENTASI DISIPLIN GURU SD DALAM MENTAATI PERATURAN PERUNDANGUNDANGAN TENTANG DISIPLIN PNS DI UPPK TAMAN DINDIKPORA KABUPATEN PEMALANG ]]>
<![CDATA[Gunarto Gunarto]]>;
<![CDATA[Iman Teguh]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v2i2.1429
<![CDATA[Elementary teachers are professional educators with the primary task of educating, teaching, guiding, directing, train, assess, and evaluate students. Implementation of Government Regulation No. 53 of 2010 on Discipline of Civil Servants and Pemalang decree No. 26 of 2012 on Days and Hours of Work PNS Pemalang regency government, which regulates the working hours of teachers pose problems for elementary school teachers. This research method using sociological juridical approach. The results mentioned: 1) Implementation discipline elementary school teacher for adhering to regulations concerning thediscipline of civil servants in UPPK Park is the implementation of Government Regulation No. 53 of 2010 on Discipline of civil servants, and the decree Pemalang Number 26 Year 2012 on Days and Hours of Work PNS District Government Pemalang. 2) The problems that arise are not all elementary school teachers to obey the rules of discipline of civil servants on working hours of civil servants, 3) solution the problems that arise include: a) Orientation on elementary school teachers on discipline regulations on working hours PNS PNS. b) Monitoring the implementation of discipline Elementary School Teacher of regulations more intensified civil servants workinghours. c) Provision of strict sanctions for elementary school teachers who violate the rules of discipline of civil servants in working hours of civil servants obey. d) The reset of the timingof the task of the teacher so the teacher can carry out all tasks without violating civil service disciplinary regulations on working hours of civil servants.]]>
<![CDATA[LEGAL PROTECTION RELATED TO THE DENSITY RIGHTS IN TERMS OF REWARDED IN CORRECTIONAL INSTITUTION ]]>
<![CDATA[Lily Faradina]]>;
<![CDATA[Kadek Wiwik Indrayanti]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i2.2458
<![CDATA[The rights of prisoners have been explicitly regulated in Act No.12 of 1995 on Corrections. The law therein outlines 13 (thirteen) rights reserved for a prisoner while in a Penitentiary. The right to get a wage or premium for the work done is a right that is often neglected in practice in the correctional institution located in our country. This happens because of the stigma of the people who still tend to assume that a prisoner is a party that deserves to be treated arbitrarily because of the crime he has committed. It is this kind of thinking that ultimately also affects officials or prison officers who end up treating incendiary people like humans who are unfit to accept the rights that have been provided by the state. Many inmates are employed in penitentiaries who are not paid for by their employers. If this continues to be done then the purpose of punishment will actually violate human rights inherent in the Prisoners as human beings. However, prisoners must also be protected by their rights as human beings.]]>
<![CDATA[RECONSTRUCTION CADET’S CODE OF CONDUCT AS EFFORTS TO BREAK THE CHAIN OF VIOLENCE / BULLYING TO REMOVE THE HUMAN RIGHTS VIOLATIONS AT MERCHANT MARINE UNIVERSITY IN INDONESIA ]]>
<![CDATA[Winarno Winarno]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v3i2.1452
<![CDATA[The problems of violence in the world of education is one of the urgent problems obtaining enough sharp spotlight, because in some cases of violence in the educational environment, especially in the merchant marine university in Indonesian resulting in death. Environmental issues of violence in the Indonesia’s merchant marine university need to be addressed appropriately, especially through the application of disciplinary norms to discipline the cadets. With the existence of some cases of violence in merchant marine university in Indonesia, saw some of the constraints of handling violence and see that there are many weaknesses in the handling of cases of violence, it is a very important thing to note is the application of norms that discipline is able to accommodate the needs of cadets. Thus norms applicable rules should be tailored to the needs of the various parties involved in the Indonesia’s merchant marine university, as well as to be able to pay attention to happiness and cultivate paradigm corresponding to the shape of the protection of human rights.]]>
<![CDATA[RECONSTRUCTION OF THE CRIMINAL SANCTION POLICY AND ACTION (DOUBLE TRACK SYSTEM) IN LAW ENFORCEMENT FOR NARCOTIC CRIME PREVENTION REFFERED TO RELIGIOUS JUSTICE ]]>
<![CDATA[Carto Nuryanto]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i3.3756
<![CDATA[Narcotics abuse is a dangerous problem that can impede the progress of the Indonesian nation in implementing development in every sector of life. Where we know that Indonesia in the decade of the '70s had not yet become a lucrative area for drug marketing. At that time, this country is only a transit area for illicit goods to be shipped to Australia or to other Asia Pacific countries. But two decades later, Indonesia has become a lucrative market for the drug dealers. Even touted to be producers of goods that can make sense of hovering it. The problems faced today are related to the drug is that North Sumatra ranked third after Jakarta and East Kalimantan in the rate of drug users. Setting up a rehabilitation center for criminals, especially drug is a solution. They need the healing process of the illicit drug dependence. Jail is not the best solution for this problem, hold but also perform medical therapy before going to work and we call it “double track system”. It's no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved. It's no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved. It's no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved.]]>
<![CDATA[REKONSTRUKSI BIROKRASI PEMERINTAH DAERAH PENGUJIAN KENDARAAN BERMOTOR BERBASIS NILAI KEADILAN (Study tentang Birokrasi Pengujian Kendaraan Bermotor pada Dinas Perhubungan Kabupaten/Kota di Jawa Tengah) ]]>
<![CDATA[Imam Sudrajat]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v1i2.1471
<![CDATA[Implementation of Bureaucracy in testing at the Motor Vehicle Department of Transportation District/town in Central Java is not based on the value of justice due to the Problem Statement that occur in relation to services and feasibility testing of motor vehicles is not only a service procedure, but the commitment of employees to carry out services and feasibility testing of motor vehicles less reflect fairness and transfaransi. Servicing and testing the feasibility of a motor vehicle cannot fully satisfy the community because people's understanding of the feasibility of testing services of motor vehicles, apparently not all of them know and understand procedurally. To perform reconstruction Bureaucracy, used Progressive Legal Theory equitable, with steps taken by the privatization Motor Vehicle Inspection, Supervision improve the effectiveness, efficiency and transfer of oil fuel sources, restrictions on vehicle age and vehicle progressive taxation.]]>
<![CDATA[JURIDICAL ANALYSIS OF SANCTIONS TRESPASSER AGAINST NARCOTIC’S VICTIM BASED ON UTILITARIANISM JUSTICE VALUES ]]>
<![CDATA[Andri Winjaya Laksana]]>;
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v6i1.4991
<![CDATA[Utilirarisme have a basic philosophical principle or very firm stance that any fair punishment for wrongdoers must look further consequences. In law enforcement against narcotic crime, repressive efforts have been made ranging from arrest until the legal process in court. However, until now the number of drug abusers tend to increase. The public and law enforcement officers themselves, drug abusers are considered criminals who should be punished. Helpful punishment is punishment that brings meaning and positive value for the subject of the condemned, the general public and the potential criminals in society. Helpful punishment for violators of law that is deterring offenders, with the aim to create a future inmate subject better. By implementing a sentence of imprisonment to the victims of abusers of narcotics is an action that is not quite right, because a victim abusers of narcotics can be categorized as human physical and spiritual health problems, a sick person handling must be healed, and not send him to prison to collect the perpetrators of acts criminal]]>
