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[SEMANGAT PEMBAHARUAN DAN PENEGAKAN HUKUM INDONESIA DALAM PERSPEKTIF SOCIOLOGICAL JURISPRUDENCE ]]>
<![CDATA[Muhammad Junaidi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v3i1.1346
<![CDATA[The spirit of renewal and law enforcement is often considered only based on a process of renewal and change the old Act to the new Act. If the renewal and law enforcement just conceived so, then the law will continue to be considered not present in the midst of society as part of the settlement of the problem. As a solution needs to be established is to integrate the spirit of renewal and law enforcement collaborated with social reality. Thus the ideal model is expected become law unifying identity as an expression of popular sovereignty and the pattern of State laws harmonization purposes.]]>
<![CDATA[LAND REGISTRATION AND SPORADIC COOPERATION POLICY ]]>
<![CDATA[Sulistyowati Sulistyowati]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 7, No 2 (2020): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v7i2.11282
<![CDATA[This research aims tounderstand the complete systematic land registration policy and to understand the complete systematic land registration model at the Jepara Regency Land Office. The approach method used is sociological juridical and data collection is done using the interview method. The results of this study indicate that the complete systematic land registration policy has been implemented in a collaborative manner with sporadic registration, which is ultimately divided into 4 (four) clusters. This is because not all people agree with the Complete Systematic Land Registration program. Collaboration of the registration system is carried out in order to achievetarget group . ]]>
<![CDATA[THE ROLE OF NOTARY IN DEED OF SALE AND PURCHACE AGREEMENT TO SUPPORT NATIONAL DEVELOPMENT ]]>
<![CDATA[hasyim mustofa]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v4i2.1977
<![CDATA[Notary's duty is as a legal profession carrier in the making of Land sale and purchase Deed as a perfect proof. However, the Notary in carrying out his duties and authorities must pay attention to the formal and material aspects. In this case, there are some constraints such as the status of land and the Notary is not authorized to run a Position outside his/her position. Method approach used in this study was normative juridical, where the data source comes from secondary data, consisting of primary, secondary and tertiary legal materials. The results of the research found that the role of notary in making the deed of land purchase agreement to support the national development rests with the legal relationship to bind the parties' engagement in the form of the PPJB (Sale and Purchase Binding Agreement) deed which can be used as the perfect evidence when one of the parties pledges through the lawsuit in the court. As well as obstacles in making the Deed PPJB include land status, such the status of customary land, State land and land letter C so as to violate the object of agreement as regulated in Article 1320 Civil Code. Furthermore, the unauthorized acts are as referred to in Article 85 of the Notary Position Law.]]>
<![CDATA[TINJAUAN HUKUM KEDUDUKAN DAN FUNGSI NOTARIS SEBAGAI PEJABAT UMUM DALAM MEMBUAT AKTA OTENTIK (Studi Kasus di Kecamatan Bergas Kabupaten Semarang) ]]>
<![CDATA[Umar Ma’ruf]]>;
<![CDATA[Dony Wijaya]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v3i3.1370
<![CDATA[Notary is a public official assigned to represent the country and is a profession. So the notary gets trust by both government and society. The value of this trust that a notary publicly has as a general official not only because he obtained because of the law in making an authentic deed. This study uses empirical juridical approach, which is a method used to solve problems by first researching the primary data in the field and then followed by a study of secondary data available. The result of the research states that 1) the function of the notary as a public official is to make an authentic deed of all acts, agreements and statutes required by laws and regulations as well as a notary authorized to validate the signature and specify the date of the letter under the hand by registering in a special book , To record the letters under his / her hand by registering in a special book, to make copies of the original letters under the hand in the form of copies containing the description as written and described in the corresponding letter, endorsing matches and photocopies with the original letter, 2) Efforts Preventive measures that can be made by a notary in making authentic deed so that no mistake occurs in the exercise of its authority of making an authentic deed, the notary must make the deed in accordance with the forms and ordinances established by law.]]>
<![CDATA[RECONSTRUCTION OF PRINCIPLES OF LEGALITY IN CRIMINAL LAW BASED ON JUSTICE VALUE OF PANCASILA ]]>
<![CDATA[muhammad yahya selma]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v4i3.2326
<![CDATA[Amendment of the Constitution 1945 after the fourth amendment, reinforce the concept of the state law and put it in Article 1 paragraph 3 of the Constitution of the Republic of Indonesia in 1945 which reads : "The State of Indonesia is a state of law". The enactment of the provisions of Article 1 Paragraph (3) the Constitution of the Republic of Indonesia in 1945 brought a fundamental change to the principle of legality, which was previously law in Indonesia based on written law only, being based on written law and unwritten law or law that lives and grows in society. Law in Indonesia is based on the value of justice living in society based on the values of Pancasila.]]>
<![CDATA[KONSTRUKSI PERLINDUNGAN HUKUM DEBITUR DALAM PENYELESAIAN KREDIT BERMASALAH DENGAN PELAKSANAAN LELANG JAMINAN HAK TANGGUNGAN ]]>
<![CDATA[Lusia Sulastri]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v2i1.1418
<![CDATA[The resolutions of non-performing loans with tendering guarantee Encumbrance often bring up the resistance of the debtor in the form of Civil Lawsuit filed to the District Court whichis due to the complexity of the auction and several weaknesses inherent in the Mortgage Law. Issues that will be examined is the debtor regarding the cause of resistance and constructinglegal protection for the debtor, which will then be analyzed by juridical reasons debtor resistance and constructing legal protection for debtors. With the use of methods of doctrinal research is normative juridical will be reviewed by the study of civil cases in the District Court Majalengka and Cirebon.Research into the problem of resistance debtor caused the weaknesses that exist in the Law on Mortgage in particular Article 6 and Article 20 were used as opportunities in filing opposition by the debtor. Clauses are not clear and are not firmly set on the definition of injury Promise of a debtor, limit the authority becomes the object of Encumbrance, and the main thingis the complexity of the auction mainly related to the determination of the value of the object of encumbrance limit unilaterally by the creditor is considered unnatura.Resistance debtor raises the conception of the construction of legal protection to the debtor will be maintained, as well as the Law on Consumer Protection which regulates legal protectionfor debtors and also provides protection against collateral in the debtor from the arbitrariness of the determination of the limit value by “ Tendering Crime “ in the tendering process the security object security rights. Weakness contained in UUHT and determination of limit values of objects in the tenderingprocess encumbrance become the subject matter of this study. For it is very important that creditors be cautious in making loans to its customers, in the handling of non-performing loans,especially the tendering security rights regarding the value of the object of the tender limit creditors should remain guided by the principles of good faith and respect for the property of a person.]]>
<![CDATA[GENDER: INTEGRATING CRIMES AGAINST WOMEN INTO INTERNATIONAL CRIMINAL LAW ]]>
<![CDATA[Mohammad Irfan]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i1.2998
<![CDATA[The author identifies the major goals and achievements in the area of recognizing women as full subjects of human rights and eliminating impunity for gender crimes, highlighting the role of non-governmental organizations ("NGO's"). Until the 1990s sexual violence in war was largely invisible, a point illustrated by examples of the "comfort women" in Japan during the 1930s and 1940s and the initial failure to prosecute rape and sexual violence in the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. Due in a significant measure to the interventions by NGOs, the ad hoc international criminal tribunals have brought gender into mainstream international jurisprudence. For example, the Yugoslavia tribunal has devoted substantial resources to the prosecution of rape and explicitly recognized rape as torture, while the Rwanda tribunal has recognized rape as an act of genocide. Elsewhere, the Statute of the International Criminal Court is a landmark in codifying not only crimes of sexual and gender violence as part of the ICC's jurisdiction, but also in establishing procedures to ensure that these crimes and their victims are properly treated. Working towards this end the Women's Caucus for Gender Justice met with significant opposition. It persisted because of the imperative that sexual violence be seen as part of already recognized forms of violence, such as torture and genocide.]]>
<![CDATA[KRITIK PENYELENGGARAAN SISTEM JAMINAN SOSIAL NASIONAL DI INDONESIA ]]>
<![CDATA[Nanang Sri Darmadi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v2i2.1436
<![CDATA[In order to create legislation that is consistent with the values of Pancasila. The background of that legislation created no objective and value-free, but the law is born of ideology complete with doctrine and the value in it. Critics of the statute of the national social security system should be done, because justice embodied therein are not final. Law will always be in the process of being in accordance with the development needs of the community.]]>
<![CDATA[RECONSTRUCTION OF INDONESIAN LABOUR REGULATION TO THE INTERESTS WORKERS IN INDONESIA (Reviewing About Salary) ]]>
<![CDATA[Budiyono Budiyono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i2.3138
<![CDATA[Workers protection is intended to guarantee the basic rights of workers and ensure equality of opportunity and treatment without discrimination on any basis whatsoever for the welfare of workers and their families with regard to the progress of the business world. In Part Two of Article 88 of Act No. 13 of 2003 which regulates the Wage has been set that the government set a wage policy that protects workers in Article 88 paragraph (2) with the hope of every worker is entitled to the income that meets a decent livelihood for humanity in Article 88 paragraph (1). As for the wage to protect workers in question consists of a minimum wage, wages overtime, wages do not work due to absent, wages do not work due to other activities outside of work, wages for exercising the right to take a rest, shape and manner of payment of wages, Fines and deductions from wages, things that can be accounted for by wages, wage structure and scale proportionally, wages for severance payments and wages for income tax calculation.]]>
<![CDATA[KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999 ]]>
<![CDATA[M Ali Mansyur]]>;
<![CDATA[Hutrin Kamil]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v1i2.1461
<![CDATA[Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.]]>
