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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<![CDATA[HUKUM PROGRESIF SEBAGAI SOLUSI HUKUM YANG MENSEJAHTERAKAN RAKYAT ]]>
<![CDATA[Mukhidin .]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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<![CDATA[To get out of the slump legal situation in Indonesia, then there must be self-liberation from the conventional way of working madhhab inherited by positive law with all its doctrines and procedures that completely formal procedural fairness that it gave birth to the formal not substantial justice. Enlightenment and liberation from the shackles of the formal procedural course can only be reached through a progressive legal paradigm very concerned about the truth, humanity and justice. Is not that a law exists amongst the people is not only restricted to achieve certainty, but that is far greater than it is to achieve true justice for the welfare of the people. It can only be realized and obtained through a progressive law enforcement.]]>
<![CDATA[REFORMATION OF LAW ENFORCEMENT OF CYBER CRIME IN INDONESIA ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i3.9633
<![CDATA[Technological progress and the presence of globalization in third world countries including Indonesia has a variety of consequences, this includes the negative impact of increasing cybercrime in Indonesia. Increasing cybercrime in the community with a variety of increasingly sophisticated modus operandi, in reality, is not balanced by the existence of a comprehensive legal umbrella, and also the absence of adequate facilities and pre-facilities is a separate issue in the enforcement of cybercrime cases in a dynamic society. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. so it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and pre-facilities related to law enforcement in cybercrime. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. So it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and facilities related to law enforcement in cybercrime.]]>
<![CDATA[PENERAPAN DIVERSI DALAM PENANGANAN TINDAK PIDANA YANG DILAKUKAN ANAK DI POLRES SEMARANG ]]>
<![CDATA[Hartono Hartono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i3.1506
<![CDATA[Actions taken by the Police Semarang in dealing with criminal offenses committed by children that is of a criminal offense of theft committed by children, is through the diversion, the thought of giving authority to the law enforcement officers to take measures wisdom in handling or resolving problems offense children by not taking a formal way among others to stop or discontinue / release of the criminal justice process or return/hand over to the public and other forms of activities of other social services. Implementation of diversion itself can actually be done at all levels, namely examination of the investigation, prosecution, examination at trial to the stage of the implementation of decisions. This implementation is intended to reduce the negative impact of children’s involvement in the judicial process. In the investigation of the child in the case of juvenile delinquents in Semarang Police carried out by investigators of the Child, established by the Decree of the Head of the Indonesian National Police or an officer designated by him. Thus Investigator General can not conduct an investigation of a case brat, except in certain cases, such as child investigator yet in place]]>
<![CDATA[HOSPITALITY INDUSTRY, A CONTRACT IS AN AGREEMENT OR PROMISE ]]>
<![CDATA[Ma Junyu]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v7i1.11181
<![CDATA[In hospitality industry, a contract is an agreement or promise made between two or more parties that the courts will enforce. In other words, it is a set of rules governing the relationship, content and validity of an agreement between two or more persons. Normally, it is related to the sale of goods, provision or services or exchange of interests or ownership. A valid contract can be considered as the moment that the offer is accepted. For example, you have been agreed to purchase with someone’s old cupboard for 1200 Yuan, that is mean you have a valid contract. Once you paid to them and they give you the cupboard which means the contract is complete. In general, a valid contract may be established either in writing or verbally. That is mean it can be a verbal form of contract, and it also can be a written form of contract. A verbal contract is any contract which is expressed in words by spoken. While for the written contract, it is a contract generally refers to a written document outlining an agreement. More often than not, it is usually a good idea to have a written contract if a transaction that is worth more than a limit.]]>
<![CDATA[PERAN PUSAT PELAYANAN TERPADU SERUNI SEMARANG JAWA TENGAH DALAM MEMBERIKAN PERLINDUNGAN HUKUM BAGI ANAK KORBAN KEKERASAN DALAM RUMAH TANGGA BERBASIS NILAI KEADILAN ]]>
<![CDATA[Ida Musofiana]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v4i1.1648
<![CDATA[This paper aims to assess the role of Integrated Servis Center Seruni Semarang Centra Java. This study is included in the sociological juridical study, as the researcher conducts the the research by going directly to the field. The conseptual framework starts with the theory justice, for children who are victims domestic violence. Primary data sources consist of field research results, while secondary data are references to bibliography related to legaprotection for child victims and related legislation. While data analysis using content analysisThe results showed that children who were subjected to violence in police handling were handled by the Woman and Child Protection Unit, but the police could refer or sent child victims to Semarang Integrated Hospital or Service Center for those domiciled in Semarang.foa child who feel trheatened his soul then lead the victim to a safe house. Integrated Service Center Seruni Semarang Central Java performs its duties in accordance with the Dercree Mayor of Semarang No.463/05/2011 on the Establishment of Integrated Service Team onHandling Violence Againts Women and Children Based on Gender “SERUNI” Semarang City Central Java.]]>
<![CDATA[REKONSTRUKSI PENEGAKAN HUKUM POLITIK UANG DALAM PEMILIHAN KEPALA DAERAH BERBASIS HUKUM PROGRESIF ]]>
<![CDATA[Imawan Sugiharto]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v3i1.1351
<![CDATA[Law enforcement ban on the provision of money or other materials to influence voters in both the legislative elections and the elections of regional heads although in practice the naked eye and is no longer a public secret, but the law enforcement feels very weak. Rarely may not even have happened, law enforcement is applied to Regional Head-Deputy Head candidates who caught giving money or other material known as money politics to win their partner is done transparently, even go to court. In practice, law enforcement is applied only to the person who was caught giving money to someone for choosing a particular candidate. Whereas those arrested is only a messenger of others, for example the Campaign Team of Regional Head Deputy Head Candidates. The purpose of this study was to analyze the influential factors against law enforcement of money politics in regional elections, to find out the shortcomings of political money law enforcement and law enforcement to reconstruct the money politics of the regional elections based progressive law. The results of the research which were done by separating the reconstruction of administrative sanctions such as canceling regional head-deputy head candidates who are convicted of money politics by the Provincial Election Commission or Regional Election Commission upon the recommendation of the Provincial Election Supervisory Board or Regional Election Supervisory Board where the regional head election ongoing and should not wait for the criminal process. While the process of examination of criminal offenses against the political actors of money in provincial or regional elections remain to be done in accordance with the provisions stipulated in the Criminal Procedure Code.]]>
<![CDATA[THE OMNIBUS LAW ON JOB CREATION AND PANCASILA AS THE LEGAL IDEOLOGY IN INDONESIA ]]>
<![CDATA[Iwan Iwan]]>;
<![CDATA[Farida Farida]]>;
<![CDATA[Fitri Pratiwi]]>;
<![CDATA[Zahri Aeniwati]]>;
<![CDATA[Siti Laelatussofah]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v7i3.13458
<![CDATA[Pancasila is used as a paradigm in law in Indonesia. As a legal development paradigm, Pancasila requires that development in society be the starting point for the existence of a legal product. The purpose of this study is that to explore the value of Pancasila as a Legal Development Paradigm and its implementation in the Omnibus Law On Job Creation. This research method uses the normative method. The result of this research is that Pancasila in the prevailing statutory regulations is the Grud norm which will cover the entire contents of the Constitution. The Omnibus Law Law on job creation is intended as a law made to revoke or change several laws at once. Thus, the omnibus Law that is made is a new legal model or a new paradigm in legislation in Indonesia.]]>
<![CDATA[HARMONIZATION BETWEEN THE NATIONAL AND INTERNATIONAL LAW ON THE USAGE SETTINGS OF NATURAL RESOURCES IN THE TERRITORY OF THE REPUBLIC OF INDONESIA ]]>
<![CDATA[munsharif abdul chalim]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v4i2.1669
<![CDATA[This paper aims to examine the suitability between national law and international law in the regulation of natural resource use. In this paper used the normative juridical method, with primary data contains laws relating directly to international law, while secondary data in the form of journals or library references. The result obtained that Adjustment of the national legal system into a global legal system, it makes positive law becomes harmonious and uniform (harmony of law) and the adjustment of certain legal norms into a unity of global norm which later can be used as a means of dispute resolution. Harmonious and uniform can be achieved if global harmony of decisions are the same. The legal arrangements of the archipelago countries as reflected in the three points raised by the archipelago supporters which reflect the principles of the regime on waters of the archipelago as practiced by Indonesia and the Philippines. In these circumstances the only effort that can be made to unite the opinions in order to get a clear pattern is the consultation with various groups, both between themselves and between groups.]]>
<![CDATA[PELAKSANAAN PILKADA SERENTAK YANG DEMOKRATIS, DAMAI DAN BERMARTABAT ]]>
<![CDATA[Achmad Arifulloh]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v3i3.1376
<![CDATA[In practice, the election of regional heads sparked conflicts, among others triggered by the problems of voter data administration, the neutrality of election organizers, and the lack of compliance of local elections and political parties to the prevailing regulations. This study uses a reflexive qualitative research method, which is to reflect on the simultaneous regional head election and its relation to the effort to build democracy in the local government and politics and ensure the presence of common good in society. The problem is how the simultaneous election of regional heads as the national political agenda towards democratization can proceed substantially and not merely procedural rituals.This paper will describe the Implementation of Democratic, Peaceful and Dignified Democratic Head election in realizing fair and open competition in the regional head elections simultaneously.The results of the study indicate that the election of democratic, constitutional, peaceful and dignified regional head is the election of the regional head which is transparent, accountable, credible and participative in implementation process, and the result is acceptable to all parties, thus ensuring the presence of common good in the community.]]>
<![CDATA[Judge’s Considerations Analysis toward Perpetrators of Criminal Acts of Sexual Violence to Underage Children in Demak District Court Reviewed with Law Number 35 Year 2014 about Children Protection ]]>
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Muhammad Sholeh]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v4i3.2320
<![CDATA[The welfare of every Indonesian citizen is guaranteed in every their right including the children protection rights which is included as human right. To achieve the protection and welfare of the child, the government issued Law Number: The existence of Law Number 35 Year 2014 on the Amendment of Law Number 23 Year 2002 regarding Children Protection affirms the need for criminal sanction penalty and fines for perpetrators of crimes against children, especially to a sexual crime that aims to provide a deterrent effect, and encourages concrete steps to restore the physical, psychological and social life of the child. The research was conducted at the Demak District Court. This is kind of sociological juridical research, which examines the application of sanctions of sexual violence committed against adults at the Demak District Court. The result of the research shows that the judge of Demak District Court in applying criminal sanction is guided by Law no. 35 Year 2014. Penal sanctions, this is fair for both the public and the justice seeker itself. Judge's consideration in imposing a criminal sanctions imprisonment, is based on the defendant being polite in the court, admitting to the truth and regretting his actions.]]>
