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.
Articles
449 Documents
<![CDATA[FISHERMEN ECONOMIC BALANCING OF SOCIETY’S WELFARE (Critical Study of fisherman in Pati and Rembang) ]]>
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Sukarmi Sukarmi]]>;
<![CDATA[Denny Suwondo]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i1.3013
<![CDATA[The marine affairs and fisheries is one that has certain mission. Mission inception fishery ports fish in the area of Pati or Rembang the basically is to welfare goldfish the scope of starch fishermen. In the facts that’s not yet fully realized so that solving the problem. Invite number 16/l964 not in accordance local conditions were pestered feel earn a living land due to feel the provisions of box or restricted becouse autonomous regional. The basis of the law of the Regional Regulations respectivelely but not progressing smoothly fisherman using fixed tribal law due to the county needed local. The field of marine affairs and fisheries is one that has certain mission. Inception mission in fishery ports in Pati or Rembang is basically concerned to welfare goldfish the scope of starch society fishermen. The fact is the implementation is not yet fully realized, so that it can solve the problems. Invite number 16/l964 was not in accordance with local conditions and were pestered feel earn a living land due to feel the provisions of box or restricted because of autonomous regional. The basis of the Regional Regulations is respectivelely but it is not progressing smoothly. The fishermen use fixed tribal law due to local demand.]]>
<![CDATA[AZAS ULTIMUM REMEDIUM ATAUKAH AZAS PRIMUM REMEDIUM YANG DIANUT DALAM PENEGAKAN HUKUM PIDANA PADA TINDAK PIDANA LINGKUNGAN HIDUP PADA UU NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP ]]>
<![CDATA[Kukuh Subyakto]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i2.1431
<![CDATA[Criminal law enforcement in cracking down on the provisions of environmental protection and environmental protection law (Law No. 32 of 2009) is not the only means of enforcing environmental law. In addition to criminal sanctions stipulated in Law no. 32 of 2009 on UUPPLH there are still other sanctions for individuals and corporations that violate the provisions in the protection and management of the environment.The principle of ultimum remedium is the principle of criminal law, in which criminal punishment or punishment is an alternative or last resort in law enforcement including law enforcement in the field of living environment, while primum remedium is the opposite of ultimum remedium where criminal law enforcement through criminal sanction in the form of imposition of suffering against a person As well as corporations are preferred in law enforcement including enforcement of environmental law.Law No. 32 of 2009 on Environmental Protection and Management in enforcing its criminal provisions emphasizes the application of premature remedium principles in enforcingenvironmental criminal law.]]>
<![CDATA[REVIEW OF IMPLEMENTATION OF CRIMINAL JURIDICAL CRIME AGAINST THEFT WITH VIOLENCE ]]>
<![CDATA[achmad sulchan]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i2.3026
<![CDATA[In the implementation of law enforcement does not always correspond with what is written in the legislation. Law is created, grow and thrive in the community with the aim to regulate people's lives in order to create order, peace, tranquility and prosperity in society. This is reflected from one of the statutory functions as a tool of social control. Related criminal in the theft with violence as stipulated in Article 365 Book of the Criminal Justice Act. Application of the law against the crime of theft with violence shall comply with the applicable substantive criminal provisions and requirements can dipidananya defendant based on the facts revealed in court, there are two valid evidence, sworn testimony of witnesses who based their religion and beliefs of judges in deciding a defendant, to consider things that are burdensome and ease; To achieve the rule of law and the rule of law and justice with dignity, the judge legally consider also that the discovery of things that can release the defendant from criminal liability, either as an excuse or reason pemaaaf, the existence of a fault, is against the law and the absence of any reason as criminal eraser, so the judge can be found sane defendant considered to be able to be responsible]]>
<![CDATA[PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN ]]>
<![CDATA[Sedyo Prayogo]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v3i2.1453
<![CDATA[The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, because memng agreement based on the agreement that a rapprochement between the parties will make arrangements. While the legal consequences of an engagement that is born of a statute may not be desired by the parties, but the relationship of law and the legal consequences prescribed by law. Legal issues that arise in case there is a contractual relationship between the parties and the event of default can filed a lawsuit against the law. Based on the identification and analysis, the authors conclude that the draft Civil Code distinguishes between tort lawsuit is based on the contractual relationship between the Plaintiff and the Defendant and tort claims where there is no contractual relationship between the Plaintiff and the Defendant. Developments in the practice of court decisions indicate that a shift in the theory because of the contractual relationship between the Plaintiff and Defendant did not preclude the filing of a lawsuit against the law.]]>
<![CDATA[POLITICAL RELATION BETWEEN TAIWAN AND CHINA AFTER THE SELECTED OF THE NEW PRESIDENT ]]>
<![CDATA[Russel Ong]]>;
<![CDATA[Argo Victoria Ong]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i3.3757
<![CDATA[Tsai Ing-Wen (Tsai) was elected Taiwan's first female president after succeeding won the general election with 56.1% of votes. His victory is expected to push a new round of independence efforts Taiwan from China, and can lead to China's instability. Transition the politics that the two regions will pass into global political developments relating to economic and trade cooperation that has been carried out. Time ahead of China and Taiwan will be tested by peaceful means or hostility completely dependent on Tsai's own choice. Even though Indonesia is not intertwined diplomatic relations with Taiwan, relations between the two countries are expected to continue increasing given the ongoing economic and trade cooperation enhancement.]]>
<![CDATA[PELAKSANAAN PEMBINAAN YANG BERSIFAT KEMANDIRIAN TERHADAP NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS II B SLAWI ]]>
<![CDATA[Maryanto Maryanto]]>;
<![CDATA[Diah Rahmawati]]>;
<![CDATA[Indrati Rini]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v1i1.1472
<![CDATA[The concept of stewardship at the empirical level has been carried out by the Penitentiary Class II B Slawi, such as guidance that is independence, among others, by providing skills training to inmates with the limitations and shortcomings that exist in the Penitentiary Class II B Slawi. Some of the constraints faced by the Penitentiary Class II B Slawi include: coaching program has not run continuously, the lack of awareness of prisoners following the activities, limitation of infrastructure, limited skills program instructor and the persistence of the public rejection of the former inmates despite having sufficient skills. The efforts that have been and are being carried out include: create a continuous program implementation and sanctions, build cooperation, give positive information about inmates, staff training and support program proposals.]]>
<![CDATA[THE ROLE OF SHARIA BANKS IN DEVELOPING THE ECONOMY IN INDONESIA ]]>
<![CDATA[Masduqi Masduqi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i2.5876
<![CDATA[Sharia banking whose management is based on sharia mechanisms emphasizes the vision of economic growth and economic development regarding profit sharing in accordance with the size of the contribution between the bank and the customer through a provit sharing system. So that through the Islamic banking system it is hoped that a positive synergy of economic growth and development will be formed. Where economic development places more emphasis on fundamentals for improved management and distribution between banks and customers through a proportional provit sharing system. So that it will create a system of cooperation that is mutually beneficial and at the same time stimulates economic growth and development. To be sure, in sharia banks is where profits and cost sharing are equally proportional to promoting justice. So indirectly the Islamic banks can offer product value or product proportion that is quite attractive to customers. A good customer relationship will be formed automatically with the customer so that each party can get the maximum benefits that have a direct impact on economic growth and development]]>
<![CDATA[TINJAUAN YURIDIS PEMIDANAAN CYBERCRIME DALAM PERPEKTIF HUKUM PIDANA POSITIF ]]>
<![CDATA[Sri Sumarwani]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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<![CDATA[Advances in technology have brought changes and rapid shifts in a life without limits. progress behind it, also has spawned new concerns-concerns with the advent of sophisticated crime in the form of Cybercrime. crime in the virtual world is an attempt to enter and or using a computer or computer network facility without a license and unlawfully with or without cause changes and or damage to computer facilities or used to enter it. Perpetrators of such crimes are not limited to age, territorially crime is also a cross-border crime. The research used in this journal using normative juridical approach, thats explains about the provisions of the legislation in force, associated with the reality on the ground, then analyzed by comparing the demands of ideal values that exist in the legislation with the reality on the ground. The results obtained indicate that the review of judicial punishment in positive criminal law in Indonesia comes in the Criminal Code and the Criminal Code in accordance with the arrangements beyond conventional crime.]]>
<![CDATA[RELEVANCE OF PANCASILA JUSTICE VALUE IN THE IMPLEMENTATION OF CHEMICAL CRIMINAL SANCTIONS ON SEXUAL CRIMINAL ]]>
<![CDATA[Aji Sudarmaji]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i3.9737
<![CDATA[In its development every person in the country of Indonesia has the right to live free from torture and sexual crimes, therefore sexual crimes are damned and heinous acts which must be resisted. All this time, resistance to sexual violence has been carried out by all parties under the existing legal umbrella, including Perpu No. 1 of 2016, namely through the implementation of chemical castration sanctions, but in reality, it has not been effective in eradicating sexual crimes. In addition, the existing castration chemical sanctions are also felt to have violated the human rights of perpetrators of sexual crimes, whereas the actual law only restores the social system of existing crimes by not violating the human rights of all parties, both victims and perpetrators. The purpose of the research in this article is to analyze the formulation of castration sanctions policy policies on the perpetrators of the crime of child sexual violence in Indonesia at this time. To analyze castration criminal sanctions against child sexual violence offenders in Indonesia who have not met Pancasila values. To find the right formula for reconstructing criminal sanctions on perpetrators of child sexual violence in Indonesia based on Pancasila values. The method used in this article is sociological juridical. From the results of the research carried out it can be concluded that the implementation of Article 81 PERPU Number 1 the Year 2016 has not effectively protected and been able to recover victims of sexual violence. Then the factors that influence this are legal regulations that are still contrary to human rights respect as stipulated in the Pancasila and the 1945 Constitution of the Republic of Indonesia, then law enforcement factors that still do not pay attention to the recovery of children who are victims of sexual violence, and factors community culture that is still unable to effectively combat sexual violence against children due to a culture that considers sexual violence against children a family disgrace that no one should know.]]>
<![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 2, No 3 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i3.1507
<![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.]]>
