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INDONESIA
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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FAIR INMATE COACHING PATTERNS (A STUDY IN CORRECTIONAL INSTITUTION OF KEDUNGPANE SEMARANG) achmad sulchan; Akhmad Khisni; Aryani Witasari
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.v7i1.11124

Abstract

Correctional Institutions have a very strategic task as the most potential place in realizing the objectives of punishment with coaching. However, this cannot be realized without the awareness of the inmates themselves. To realize this, the Correctional Institution functions as an educational institution that provides useful training for inmates to create, produce, and excel. They have the same opportunity as other community members to be able to contribute as active and productive community members in development. Inmate coaching must also be beneficial for the person concerned during his/her imprisonment at the Correctional Institution of Kedungpane, Semarang, and after completing the imprisonment, returning to the community. Thus, the fair coaching pattern of inmates is implemented with the correctional system and, basically, a situation/condition that allows for the realization of correctional objectives in accordance with the definition of coaching i.e. the process carried out by the Correctional Institution to inmates. For better and fairer coaching without any discrimination, the Corrections Institution should carry out its main duties as stipulated in the "Ten Correctional Principles". This study is based on the legal positivism concept, which states that norms are written, made and promulgated by state authorities, and uses a qualitative method to produce a description of the fair coaching pattern at the Correctional Institution of Kedungpane, Semarang.
IMPLEMENTASI PRINSIP KEBEBASAN BERAGAMA DAN BERKEYAKINAN DI INDONESIA (Studi Kasus: Tanggung Jawab Negara dalam Konflik Sampang, Madura) Rizky Adi Pinandito
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.v4i1.1649

Abstract

The purpose of this study is to explain in depth how the responsibility of the state c.q Government of Indonesia against violations of the principle of freedom of religion in the case of Sampang, Madura. The method of approach used in this research is normative juridical in discussing the issue of implementation of protection and guarantee to freedom of religionand belief which is regulated in constitution and Indonesian legislation system and how state responsibility to religious conflict happened in Sampang, Madura, Jawa East. The results of the research conducted in the case of Sampang are, the security forces do not act or do omission(omission) in the event of riots. In addition, the government’s attitude that provoked provocation was shown by the MUI who issued a decree stating that the Shia taught by Tajul Muluk is heretical. The State should (in this case the Police) take precautions. Therefore, the State c.q The Government of Indonesia is obliged to provide compensation, restitution and rehabilitation to victims of human rights violations as well as to give legal assertiveness to all perpetrators of riots including government officials who allow the riots of human rights violations
PERBANDINGAN MATERI MUATAN KETETAPAN MPR PADA MASA PEMERINTAHAN ORDE LAMA, ORDE BARU, DAN ERA REFORMASI Widayati Widayati
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1352

Abstract

Decree of People’s Consultative Assembly (TAP MPR) established since 1960 and 2002. Totally there are 139 Decrees in Consultative Assembly (TAP MPRS and TAP MPR). The whole Decree of People’s Consultative Assembly (TAP MPRS and TAP MPR) was formed during the reign of the Old Orde, the New Orde, and the Reformation Era. TAP MPR was changed in content material along with the change of government and the amendments of 1945 Constitution of The State of The Republic of Indonesia (UUD 1945). Therefore, this study will compare to the substance of the Decree of People’s Consultative Assembly (TAP MPR) on the government period. The method used in this research was normative juridical with secondary data, which was analyzed by the method of normative, then presented descriptively. The change of government affects the substance of the Decree of People’s Consultative Assembly (TAP MPR).
COMPARISON MUT'AH MARRIAGE ACCORDING TO ISLAMIC LAW AND NATIONAL LAW Idrus Umarama; Agus Hamzah; Jamaludin Al Ashari; Arie Widyantoro; Faradina Mar’atus Shofia
Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i3.13490

Abstract

Mut'ah marriage or temporary marriage or what is known as contract marriage is a phenomenon that often occurs in Indonesia, this problem must be anticipated because it is detrimental to women and has been forbidden by the Indonesian Ulama Council. The research method used is a normative juridical approach. Normative research or also known as literature law research is legal research carried out by examining library materials or secondary data. The results of the research found stated that Mut’ah marriage is temporary marriage, the Prophet Muhammmad S.A.W has justified the mut’ah marriage for three days and after that the Prophet forbade it forever. Here the Apostle once allowed it at a time which might have taken the form of an emergency as it was permissible to eat carcass meat, if there were no other foods under compulsion.
JURIDICAL REVIEW OF RIGHT OF ACCESS TO LAND FOR INDONESIAN WOMEN CITIZEN WHO ARE BOUND BY MIXED MARRIAGE LAW (CASE STUDY DECISION OF THE CONSTITUTIONAL COURT NUMBER: 69 / PUU XIII / 2015) achmad sulchan; Nurmalia IW
Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i2.1738

Abstract

ABSTRACTMixed marriages are marriages involving a race between nations, therefore, marriage is also subject to the principles applicable in the Indonesian Law and International Law. Mixed marriage has penetrated the whole of Indonesia . Notary role in making the deeds relating to pernjanjian marriage, inheritance etc.Dealing with the issue of marriage between men and women WNA WNA especially about women's access rights to land for the citizen and problems. Therefore, the authors take the title on the Juridical Review of the Acquisition of Land Rights for Women Bound citizen Mixed Marriage (Case Study No. Constitutional Court.69 / PUU XIII / 2015). The contents of the Constitutional Court about: Testing Law No. 5 of 1960 on the Basic Regulation and the Basic Agrarian Law No. 1 of 1974 on Marriage of the Constitution of the Republic of Indonesia th 1945.Dalam decision mentions the Applicant, Ny. Ike Farida an Indonesian citizen. Applicant is a woman who is married to a Japanese national men by a valid marriage and are registered in the District Office of Religious Affairs Makasar East Jakarta Municipality No. 3948 / VII / 1995, the Civil Registry Office Prop. DKI Jakarta as defined in the Marriage Reports Receipt No. 36 / KHS / AI / 1849/1995/1999 dated May 24, 1999. Related to marriage, the applicant does not have marital separation agreement treasures, never abandoned his Indonesian citizenship and disenfranchised here at home. Applicant want to buy Flats in Jakarta, after the keel, towers not being handed over, and even then the purchase agreement terminated unilaterally by the developer. Then formulated the problems are: 1) What is the procedure of acquiring land rights for women citizens who are bound intermarriage? 2). Constraints and solutions that arise in obtaining the Women's Land Rights for citizens who are bound Mixed Marriage (Case Study No. Constitutional Court.69 / PUU XII / 2015)? As this study is sociological or empirical, in which the authors conducted a study which examined at first was secondary data, then resumed research on primary data in the field, or to society, an interview with the National Land Agency, notary, and two female citizens who marry foreigners. And examine the rules relating to mixed marriages, prevailing in Indonesia. The results showed the conclusion that the Notary has an important role in helping clients about: procedures for securing land rights for the citizen who is married to foreigners, namely the reduction in the rights, for example, from Properties menjaiHakPakai, the reduction in the rights of land owners. Constraints faced is the problem of domicile for male foreigners who are married to the citizen, and a couple of mixed marriages between Indonesian citizens and foreigners do not make a marriage agreement during their marriage. The solution is that if the land area can be divided into 2: 1/2; 1/2 for the wife, the land was downgraded to a Right of Use by registering at BPN, and made a covenant marriage.
PENYELESAIAN PERJANJIAN KREDIT BANK SEBAGAI AKIBATFORCE MAJEURE KARENA GEMPA DI YOGYAKARTA Lathifah Hanim; MS. Noorman
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.v3i2.1406

Abstract

     Pursuant to Article 1338 of the Civil Code, any agreement must be subject to the principle of good faith (bona fide / good faith) in its implementation because of its binding nature as a law. Exceptions to those provisions are found in the provisions governing the conditions of force majeure in Article 1244 and Article 1245 Civil Code. The legal system of the Civil Code does not introduce the principle of poached sic stantibus in the realm of covenant law, but rather put forward the aspects of force majeure.    In banking practice in Indonesia, generally the bank credit agreement used is a standard agreement or a standard agreement in which clauses have been prepared previously by the bank. Accordingly, the customer as a debtor candidate has only the choice between accepting the entire contents of the agreement clauses or not willing to accept the clauses either partially or wholly resulting in the customer not receiving the credit.   The formulation of the problem is how the bank's efforts in the settlement of the credit agreement of the bank as a result of force majeure, due to the earthquake in Yogyakarta. This research uses the concept of doctrinal and non doctrinal law. Non-doctrinal legal research, the approach is 2 (two) that is qualitative and quantitative. This research uses qualitative research.   The result of the research is the effort of bank in the settlement of bank credit agreement as a result of force majeure, because the earthquake in Yogyakarta is done by recheduling (Rescheduling payment), reconditioning (Partial / total terms changes from credit), restructuring (Re-arrangement of credit terms), Execution of guarantee through auction and PBI Number 8/10 / PBI / 2006, PBI Number 8/15 / PBI / 2006, PBI. 11/27 / PBI / 2009.
INCREASING CHILDREN'S CONSCIOUSNESS IN MOTORCYCLING OF MOTORCYCLE ON RAILWAY (study in Demak Regency) Ida Musofiana; Rizki Adi Pinandito
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.v4i3.2331

Abstract

Traffic accidents are a global health problem. The number of traffic accidents each year has increased and traffic accidents in Indonesia are assessed by the World Health Organization (WHO) as the third killer after heart disease and tuberculoces. This study aims to examine how exactly the level of knowledge of parents in Demak District to their children who ride motorcycles on the highway. The method used in this research is descriptive qualitative, with research location in Demak Regency. In order to obtain data in the field, data collection techniques such as observation and structured interviews, and using data analysis. The role of parents as a mentor is accompanying children while driving, and monitor the child if you want to ride a motorcycle, check the safety of driving. The purpose of this research is to become the agenda of socialization of safety riding for the general public in order to increase awareness of the importance of maintaining traffic safety on the highway, and reminding each other if there is violation of traffic rules. One of them reprimanded underage riders so as not to speed-kebutan or more careful.
PELANGGARAN PERPRES NOMOR 54 TAHUN 2010 TENTANG PENGADAAN BARANG DAN JASA PEMERINTAH OLEH PENYEDIA BARANG DAN JASA ATAU PENGGUNA JASA DALAM PERSPEKTIF TINDAK PIDANA KORUPSI Jawade Hafidz; Agung Widodo
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1425

Abstract

The government as a provider of services to the community, is both basic services and basic semi- service the needs of society. Basic categories of services financed through the taxsystem, while the semi basic services financed through levies which essentially is a community participation in financing certain services in question. The research method using normativejuridical approach that was then analyzed qualitatively normative. The results obtained states that: 1).Implementation of Presidential Decree 54 of 2010 on the procurement of goods and services may not be helpful and not useful. This is because it turns out the implementation activities of government goods/services, violations can occur at anytime in any process. Potential violations in procurement of government goods/serviceshave occurred from the initial stage to the final stage, which can be divided into three phases:preparation, implementation phase, and phase. 2).Countermeasures violations carried out in the form of supervision over the course of Presidential Decree No. 54 of 2010 Concerning Procurement of Government Goods and Services so that they can minimize the potential for evil that can cause irregularities that led to the creation of unfair business competition.
WITNESSES TESTIMONY WHO HAVE NO COMPETENCE IN THE CORRUPTION CRIME Fikri Nawawi
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.v5i2.3075

Abstract

Calculation of state losses can only be done by a witnesses. Witnesses  here are not only witnesses  in the field of financial audit but also engineers who will calculate the feasibility of construction of a building in case of corruption was related to the construction field. Witnesses  who has the competence docalculating the quantity of a building and the price of a building is a person who has a construction management certification. Description of the Construction Witnesses  who have no competence in the matter of corruption, the statement becomes invalid.
PERLINDUNGAN HUKUM TERHADAP PROFESI NOTARIS DALAM PEMBUATAN PARTIJ AKTA Subiyanto Subiyanto
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.v3i2.1448

Abstract

The legal acts clients who come to the notary. Formulated into an authentic deed in accordance with the authority of a notary, and then the notary made the deed at the request of the client. Therefore, the notary must ensure that the deed made it complies according to the legal rules that have been determined, so that the interests of concered are protected with such deed. A notarial deed is an authentic deed made according to the forms and procedures set in this constitution. Notary bound with the truth formil because of the liability according UUJN, if the parties dispute, so notary can not be punished.

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