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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
IMPLEMENTATION OF THE VOCATION SCHOOL OF LEGISLATION AGENCY IN DISCUSSION AND AGREEMENT VILLAGE REGULATION (Study of The Implementation of The Sriwulan Village BPD in Sayung District, Demak Regency) Siti Rodhiyah Dwi Istinah
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.v6i1.4364

Abstract

Reform and regional autonomy is actually a new hope for the goverment and village communities to build their villages according to the needs and aspirations of the community.  The implementation of development in the village is intended to improve the standard of living and welfare of the village community itself through the establishment of policies, program activities that are in accordance with the essence of the problem and priority needs of the village community. The Village Consultative Division (BPD in Indonesian) is an institution of the realization pf democracy from the village community or an institution that represents the voice of the community and is a working partner of the village Government in administering The Goverment in the village head along with his device was overseen by the Village Consultative Division (BPD in Indonesian). The method of the approach used in this study is the Juridical  Sociological approach, it uses the Juridical Sociological. The selection results obtained include : 1) Inbiting factors influenced by human resource factors both from the village Government itself as the highest office holder in the village, as well as from PD members who are tasked with assisting in the implementation of the legislative functions of approval and discussion of illage regulations. 2) Solutions and efforts, the village Goernment is expected to conduct training in human resource development such as improving the quality of education and developing capabilities in shapping regulations.
TINJAUAN YURIDIS TUGAS DAN KEWENANGAN JAKSA DEMI TERCAPAINYA NILAI-NILAI KEADILAN Djunaedi Djunaedi
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.v1i1.1478

Abstract

The dynamics of the law enforcement paradigm, of course, will have consequences on the institution, organization, structure, and position of law enforcement officers, including in this case the Attorney institution. Prosecutors role in achieving a goal of the criminal justice system, it would require continuous efforts to increase the ability of the Public Prosecutor in tackling criminal acts in the community, including the ability to prevent and deal with a crime that happened. Prosecutors also must be able to engage fully in the development process, among others, helped create the conditions and infrastructure to support and secure the implementation of development to realize a just and prosperous society based on Pancasila and the duty tocontribute to maintain and uphold the authority of the government and the state and to protect the interests of the people through law enforcement. Code Criminal Procedure provides that the position of attorney as prosecutor as authorized institutions. In a position as a public prosecutor apparatus, the Criminal Procedure Code asserts that the prosecution authority to make theindictment without the intervention of other agencies, the public prosecutor and the perfect stand alone in making the indictment.
CRIMINAL POLICY IN THE SHIPMENT OF FOREIGN FISHERMAN SHIPS IN THE PERSPECTIVE OF ECONOMIC ANALYSIS Sri Dwi Retno Ningsih; Adi Sulistyono
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.v6i2.8098

Abstract

The theft of fish resources in the Indonesian sea has caused huge losses to the fisheries sector in order to realize the welfare of the community. The Ministry of Maritime Affairs and Fisheries adopted a strict policy to eradicate illegal fishing through the act of sinking illegal fishing vessels. The magnitude of Indonesia's marine and fisheries wealth cannot be utilized optimally. Law enforcement is very important to deal with violations of law in Indonesian waters. One form of law enforcement is to implement policies such as sinking foreign vessels that steal fish in Indonesian waters while taking into account the efficiency and effect of deterrent effect on perpetrators of fish theft. The sinking policy of foreign fish-stealing vessels in Indonesian waters was pursued to secure the sea from looting by foreign parties. This policy will continue even though it could risk creating friction with the countries of origin of the foreign ship. Based on economic analysts on illegal fishing crimes, criminal fines can be used as an alternative to criminal punishment in addition to imprisonment in order to minimize operational costs of law enforcement.
REKONSTRUKSI PERJANJIAN FIDUSIA ATAS BENDA BERGERAK YANG DIDAFTARKAN BERDASARKAN NILAI KEADILAN Sugiatno .
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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

Abstract

Fiduciary is one form of collateral material that is very well known in the business life in the form of transfer of ownership of an object on the basis of trust. The rule of law in positive law in Indonesia is deemed no longer compatible with the current legal developments, particularly in supporting the economy and the business world. This study use socio-legal studies approach. Socio-legal studies have ultimate goal related to the objective essence of the law, through a reconsideration or a new discovery of legal norms should prevail and that it should not apply. The results obtained in this study: (1) Construction law fiduciary agreement on moving objects according to Law No. 42 of 1999 concerning fiduciary already registered implemented through two (2) phases, namely the loading phase and phase fiduciary guarantee registration. (2) reconstruction of the Articles of Law Number 42 Year 1999 on Fiduciary namely Reconstruction of Article 5, paragraph 1 that the parties should come in the fiduciary deed, the reconstruction of article 29 (1a and c) that the creditor can take the object of fiduciary without dispute to pay off the debt of the debtor. In addition, the reconstruction of the object of Article 31 that the fiduciary are objects that are sold in exchange of sales made on bursa effect until paid off its debts
APPLICATION OF GALAWI TRAFFIC MANAGEMENT &COMMAND CENTER(GTMCC) TO IMPROVE THE EFFICIENCY OFPUBLIC SERVICES IN TEGAL POLICESTATION Umar Ma'ruf; Muhammad Adil Aristo
Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i1.10935

Abstract

This study aims to determine and analyze: Description GTMCC of Tegal Police Station, Factors that influence the application GTMCC of Tegal Police Station, and implementation of Galawi Traffic Management & Command Center (GTMCC) can improve the efficiency of public services at Tegal Police Station. The approach method used is empirical juridical. The data used is secondary data(legal material) and primary data, i.e. data from the field. Data were then analyzed qualitatively and presented descriptively analytically. Research conclusions: (1)GTMCC is a form of public service of the police with centralized control that will facilitate the elements of the Tegal Police Station leadership in the process of monitoring and evaluating the handling of public complaints. Applications in GTMCC consist of Sipoci, GPS, TMC, IMM, Website, and Social Media, and RLR; (2)Factors of affecting the implementation of GTMC Tegal Police consist of human factors, services, budget, and infrastructure; (3)Application GTMCC increases the efficiency of public services in the Tegal Police Station more effective access, quality services, better and more efficient processes, systems and communication, more transparent and faster decision making, and a more empowered community.
THE LARGE SCALE SOCIAL RESTRICTIONS POLICY FOR HANDLING THE COVID-19 PANDEMIC Fradhana Putra Disantara
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.v7i2.9429

Abstract

This legal research uses a conceptual approach and a statutory approach. This research was carried out by inventorying primary and secondary materials, so as to obtain an appropriate analysis and critical review of published legal issues. The purpose of the study was to analyze the dynamics of Large Scale Social Restrictions Policies, especially regarding the Regulation of Minister of Health Number 9 of 2020and analyze various problematic PSBB policies during the pandemic. This study states that the PSBB is different from regional quarantine. On the other hand, the PSBB regulation in the Regulation of Minister of Health Number 9 of 2020  also raises doubts.Then,the Chief of Police's Declaration Mak/2/III/2020 provided strong legitimacy to strengthen the PSBB policy in terms of public compliance.The PSBB policy by the Central and Regional Governments has left various problems. Starting from material errors, contradiction of the article in the Governor's Regulation, and the Governor's Regulation which is not based on the Law above. The solution that can be done is to revise the Government Regulation No. 21 of 2020 and conduct executive review of the Governor's Regulation. 
PEMBERDAYAAN TANAH WAKAF YANG DIKELOLA YAYASAN BERDASARKAN NILAI KEADILAN Sutrisno Sutrisno
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.v4i1.1655

Abstract

Wakaf was originally done by oral means intended for worship activities such as mosques,mosques, madrassas or tombs. The existence of such representation has been running since theentry of Islam in the Nusantara. After Indonesia’s independence, the rules on the procedure ofregulation began to be arranged as proven by the issuance of Government Regulation Number28 Year 1977 regarding Ownership of Land Ownership. The provisions in this regulation governthe representation of the land as well as procedures and procedures written endowments pouredin the Deed of Pledge Wakaf. Then followed by the issuance of Presidential Instruction No. 1of 1991 on the Compilation of Islamic Law which regulates the wakaf of moving goods or notmoving. The research approach used in this research is sociological legal method or socio-legalresearch approach. The result of research indicates that one of the causes of empowerment ofwaqf land managed by foundations is not based on the value of justice due to the low level ofhuman resources and professionalism of individual Nadzir in the management of wakaf land atthis time get less attention and also special coaching from BWI and Kemenag. So that the numberof unproductive, abandoned and even lost wakaf land and one weakness of empowerment ofwakaf land managed by the foundation now is Nadzir, Waqf Board of Indonesia and Ministry ofReligious Affairs have little active role in carrying out their respective duties as specified in theLaws and Regulations, Invite waqf.
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 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i3.1365

Abstract

In the institution of marriage since the ancient times knew the mixing of marital property. Good treasure together and innate property. The setting of common property and assets native set out in Chapter VII, Article 35 paragraph (1) and (2) of Law No 1 of 1974 on Marriage. Possession of common property after divorce is divided into two / one-half possessions while carrying controlled by each party. And for the protection of the law against marital property agreement made marriage (prenuptial agreement) for the many different Islamic Religious Affairs in the Office of the Civil Registrar in front Perkawnian, while for the non-Muslims do in a Civil Registry in order to anticipate the consequences of the law of property in a marriage.
RECONSTRUCTION OF PROVIDING A MEDICAL PROFESSION SATISFACTION THAT HAS DISASTER OF PATIENT-BASED INTEREST THE VALUE OF JUSTICE edy sumarwanto
Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i3.2322

Abstract

Doctors are a noble profession. The doctor's profession requires expertise and thoroughness, because the work of a physician deals with the health and life of a person. Mistakes by doctors can result in disability or death for the patient, so doctors must work with caution. Doctors suspected of malpractice can not simply be criminalized, because no doctor has a bad faith to harm his patients, so that sanctions are imposed should be able to provide justice for doctors and patients.
IMPLEMENTASI MEDIASI PENAL SEBAGAI PERWUJUDAN NILAINILAI PANCASILA GUNA MENDUKUNG SUPREMASI HUKUM DALAM RANGKA PEMBANGUNAN NASIONAL Yusriando Yusriando
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i1.1413

Abstract

Implementation of Penal Law Mediation important existence out of court settlement to the case. The substance of penal mediation was born, grow, develop and earth excavated fromIndonesia through the local wisdom of indigenous (local wisdom) and the values   of Pancasila. In Indonesia, the national perspective penal mediation is set in a limited and partial in theRegulations and the Letter of the Chief of Police and regulation. From the persp e ctive of practice, penal mediation is done through the discretion of law enforcement officials, customaryjustice, the jurisprudence of the Supreme Court and the District Court’s decisi o n. Necessary to optimize the application of the values   of Pancasila in the law because it values   the life as a whole contained in the principles of Pancasila. If this is done, the law in question is relatively acceptable because people assume that the law reflects the values   of justice, rule of law, orderand contain the benefits to society so as t o support the rule of l aw in the context of  national development.

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