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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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ANALISIS PENERAPAN PRINSIP-PRINSIP KOPERASI DALAM UNDANG-UNDANG KOPERASI (Studi Undang-Undang No. 25 Tahun 1992 dan Undang-Undang No.17 Tahun 2012) Aji Basuki Rohmat
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.v2i1.1424

Abstract

Studied law build cooperative efforts very closely related to the economic system adopted by a State, because the legal build cooperative efforts is to learn about the ideology, ideology andeconomic system adopted by the State. Implementation of the application of the Act cooperative must pay attention to the development of co-operative principles are applied internationally, in this case the cooperative principles set out the International Cooperative Alliance and other business practices. This study uses normative juridical approach, in which the specification of research using descriptive analysis that researchers seek will describe the application of the principle of cooperation in an Act. The results obtained show that Law No.25 of 1992 on Cooperatives have applied the principles of cooperative and is in conformity with Article 33 paragraph (1) and paragraph (4) of the Constitution of 1945. In order to repair and renewal of cooperative law , Cooperative Act 25 of 1992 in 2012 renewed by Act 17 of 2012. However, Act 17 of 2012, by most practitioners and cooperative actors considered incompatible with the cooperative identity, so is referred Judicial Review as to Law 17 of 2012 to the Constitutional Court. In its decision the Constitutional Court annul the Cooperative Act 17 of 2012, Since the Act 17 of 2012 is contrary to Article 33 paragraph (1) and (4) of the Act of 1945
NOTARY’S RESPONSIBILITY ON AGAINST THE LAW IN THE MAKING OF AUTHENTIC AGREEMENT Mohammed Kirenci
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.v5i2.3074

Abstract

Notary is a public official authorized to make an authentic agreement and the other has the same authority as referred to in the office of the Notary Act. In Article 16 of Notary Act mentioned that one of the tasks Notary is honest and trustworthy in the running position. However, in practice many notaries who called the court to account for the authentic agreement made because it contains elements against the law. Notary actions are not in accordance with the legislation and Notary Code and has caused losses to many parties.
PERCOBAAN PEMBUNUHAN SEBAGAI PENGHALANG HAK WARIS PERSPEKTIF HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM Akhmad Khisni; M Ulinnuha
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.v3i2.1447

Abstract

ABSTRACTIn terms of the obstruction of the right of inheritance for the crime of attempted murder of a conflict between Islamic Law and Islamic Law Compilation (KHI). In Islamic law, which was the cause of obstruction of the right of inheritance is someone for murder, slavery, religious differences, and different countries. In conditions that are not elements of the crime of attempted murder as the cause of obstruction of an inheritance. This provision departs from the principle of law in Islamic law regarding jarimah completed the murder and no jarimah / pending (attempted murder).On the other hand, clearly states KHI jarimah attempted murder is the element that causes obstruction of the right of inheritance as a provision contained in Article 173 KHI. Thus visible difference between the provisions of Islamic law and KHI, which has been placed as the provisions of Islamic law for the people of Indonesia. To address the problem, the authors use the research methods of law with juridical-normative legal research conducted by prioritizing research library materials or documents referred to secondary data, in the form of legal materials, primary and secondary. Specifications research is descriptive, which aims to give an overview conducted by way of qualitative theories of law and legal doctrine, and expert opinion of Islamic law.In conclusion, between Islamic law and there is no difference KHI opposite each other with respect to the legal principles adopted by each. The provisions in Article 173 KHI can be filed as a realization of the principles of Islamic law in the delivery of a legal provision will be enforced to have known it, or judge to determine the sentence for the crime ta'zir (jarimah). Conditions resulting known it, or judge it to be established in the form of a regulatory law that was born because of judicial decisions (jurisprudence), which in this case is the provision of an obstruction of the right of inheritance for reasons of criminal offenses of attempted murder.
DIALING AND INVESTIGATION OF NOTARY BY INVESTIGATOR POLICE Nur Aisyah
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.v5i3.3545

Abstract

Relationship notary to do with legal issues consciously or notary in practice are often faced with the proceedings or deal with the authorities caused the parties to a deed in front of him, and that the dispute can be reported to the investigator. So often a notary summoned by investigators with regard to the deed he made. In terms of the calling and notary investigation by an investigator there own rules set out in the Act. Although the implementation of the functions and investigations and inquiries Act gives the right to call, check, catching, defense minister, searched, confiscated to suspects and items are considered connected with a criminal offense, but in exercising its rights and authority must be obedient and subject to the principle of the right of due process (upholding the rights of the accused in the process of law enforcement). Each suspect is entitled researched and investigated based in accordance with the applicable law of criminal procedure. The concept of due process associated with the foundation of upholding the rule of law in dealing with crime. No one is located and put themselves above the law and the law should be applied to anyone based on the principle of treatment in an honest way. The application of the criminal law should be in accordance with the constitutional requirements and must comply with the law. By karen it does not allow the violation of a part of the general provisions on the pretext in order to enforce another law section.
KAJIAN YURIDIS DALAM ANTISIPASI KEJAHATAN CYBER Jawade Hafidz
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.v1i1.1466

Abstract

Cybercrime is one of the problems in Indonesia that its scope is derived from global international law. The rising rates of crime in the virtual world is influenced by factors ofcausality are difficult to obtain evidence by the action of the virtual world. When the Internetbecame accessible to everyone, they can do anything with the hunting of the target. Forexample, internet banking, hackers, search, can solve the data as amended rules becomefalse data. cybercrime is a common problem that we have to finish up with serious legalrules.In order to address the growing problem of cybercrime in Indonesia, the government makes laws and regulations specifically governing cyberlaw which were embodied as Act No. 11 of 2008 on Information and Electronic Transactions. Act No. 11 of 2008 as an effort to address cybercrime juridical and emperism, when Act No. 11 of 2008 not only addressed the issue of obscene or pornographic sites, but also establishes rules on electronic transactions is an umbrella rule of law in cyberlaw in Indonesia.
DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW Peni Rinda
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.v6i1.4672

Abstract

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).
KONSTRUKSI HAK MENGUASAI NEGARA DALAM TATA LAKSANA PENGADAAN TANAH BAGI KEPENTINGAN UMUM DI KABUPATEN SEMARANG Sumral Buru Manoe
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.v1i2.1483

Abstract

In the implementation of land acquisition for public purposes (project Semarang-Solo toll road) there has been a priority of the State's Rights. implementation of the State's rights to land are not always parallel with the ideals of prosperity, welfare and even justice. The phenomenon of the right to control the state, namely the practice of takeover of the land belongs to the people in the name of public interest and or preferential right to control the country and even a common trigger factor land conflict. In the development of the law is not only focused on textuality laws alone but must also pay attention to the interests of the community that continues to grow, especially related to land issues. This study uses socio-legal research approach, meaning that not only reviewing an issue of legislation but also the reality that occurs in the community related to the problems discussed. the results obtained to mention that the process of land acquisition for the construction of the Semarang-Solo toll road in accordance with procedures applicable law, namely to put the negotiation process (consensus), especially about the amount of compensation awarded. However, a strong indication of consensus is not performed substantially, only meets the provisions of the Act alone.
ADOPTED FOREIGNERS INHERITANCE BY INDONESIAN CITIZEN Muhammet Ebuzer Ersoy
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.v6i2.9260

Abstract

Adoption is governed by Law No. 23 of 2002 dated 22nd of Oct. 2002 concerning Child Protection; Decree of Minister of Social Affairs No. 44/HUK/1997 dated 31st of July 1997 concerning Fostering of ChildrenWelfare through Adoption; Decree of Minister of Social Affairs No. 2/HUK/1995 dated 25th of Jan. 1995 concerning Completion of Attachment of Decree ofMinister of Social Affairs No. 13/HUK/1993 concerning Implementation of Adoption; Supreme Court Circular Letter No. 2 of 1979 dated 7th of Apr. 1979concerning Adoption; and Supreme Court Circular Letter No. 6 of 1983 dated 30th of Sept. 1983 concerning Completion of Supreme Court Circular Letter No. 2 of 1979 concerning Adoption. An adoption is a legal act that distracts a child from the environment of its parents, legal guardian, or other people responsiblefor the care, education, and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoptionamong Indonesian citizens and foreigners. However, what is the legal consequences arising from the removal of the child? Is the adopted child could inherit fromtheir foster parents or not? Or is there a way to pass down an inheritance to adopted children who allowed the legislation? Therefore, this article will discuss.
PERLINDUNGAN HUKUM TERHADAP PENGUASAAN HARTA BAWAAN DAN HARTA BERSAMA SETELAH PERCERAIAN MENURUT UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN BERBASIS KEADILAN Zulfiani Zulfiani
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.v2i3.1501

Abstract

In marriage institutions the community has long known the mixing of marriage property. Both joint property and possessions. The arrangement of joint property and luggage is regulated in Chapter VII Article 35 paragraph (1) and (2) of Law No. 1 of 1974 on Marriage. Control over joint property after divorce is divided into two / seperdua while the property is controlled by each party. And for the legal protection of marital property, a marriage contract (Prenuptial Agreement) is applied for the religious observers in the Office of Religious Affairs in the presence of the Registrar Officer, while the Non-Muslim Officers are conducted at the Civil Registry to anticipate the legal consequences of the property in marriage.
IMPLIKASI PENCABUTAN HAK ATAS TANAH TERHADAP PERLINDUNGAN HAK ASASI MANUSIA Faturrahim Faturrahim
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.v2i3.1512

Abstract

Ownership of land rights is a fundamental right that is also a part of human rights. Revocation of ownership of land rights by the president is done for the public interest. The protection of subjects' rights to the right to repeal of rights is based on an understanding of the common sense. Public interest is an abstract, easily understood theoretically, but becomes very complex when implemented.

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