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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
SEPARATION AGREEMENT ASSET FOR INDONESIAN CITIZENS MARRIED ABROAD Bella Arwinilita; Siti Anggraini; Dwi Wisnu Wardana; Asep Hermawan; Setiawan Widiyoko
Jurnal Pembaharuan Hukum Vol 8, No 1 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i1.13734

Abstract

Legal protection in agreements on the separation of assets in marriage between Indonesian citizens and foreign citizens as well as analyzing the authority of a notary in making an agreement on the separation of assets in marriage between Indonesian citizens. and foreign nationals. This research uses empirical normative research. The approach method used is a statutory approach, conceptual approach and case approach. Based on the research results, it can be concluded that the making of a marriage contract can provide legal protection for the party who made it. The agreement deed made in the notary can be used as written evidence in court in case of problems at a later date. Based on Article 1868 of the Civil Code and notary authority in Article 15 of the notary office law, it is stated that notaries have the authority to make authentic deeds related to all agreements. Notaries must be able to provide legal certainty in people's lives because in the deed there is evidence that clearly determines a person's rights and obligations as a legal subject in society. Notary Deed as deed which has perfect evidentiary power makes the position of Notary Deed as the first and main evidence in civil evidentiary law.
THE DYNAMICS OF LAW ENFORCEMENT IN REGIONAL HEAD ELECTIONS DURING COVID-19 PANDEMIC Mirza Nasution; Muhammad Yusrizal Adi Syaputra
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.16126

Abstract

The state is a social entity that consists of areas that have almost similar historical-cultural backgrounds. These areas have administrative divisions that are hierarchical in nature, where the division aims to accelerate the development and improvement of the area and the people in it. The research method used in this research is normative legal research method. The normative legal research method is a research method that looks for facts through the variables derived from the laws and regulations that are examined on their implementation and their effectiveness and shortcomings so that improvements and improvements can be made to these laws and regulations. Regional head elections are an inseparable part of a country that adheres to the principles of democracy and is even part of the characteristics of a democratic country.
EMPIRIC DEMOCRACY AND THE REFERENCE OF POLITICAL PARTIES IN SINGLE CANDIDATE ELECTIONS Sulistyowati Sulistyowati
Jurnal Pembaharuan Hukum Vol 8, No 1 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i1.15432

Abstract

The dynamic changes in the Law on Election for Governors, Regents, and Mayors prove that there are dynamics and progressiveness in the implementation of Pilkada. The process of the birth of laws, including the process of the birth of amendments to the Law, is a legal political process. The legal political process is under the authority of the legislator. The approach method used is normative juridical method. The power of legislators in the political and legal process is not absolute, because the government also has a domain of authority, although not as big as the authority of legislators. The result states that The legal political process always rests on the principle of normative democracy as the embodiment of the das sollen principle. At the level of implementation of the rule of law, there will always be legal anomalies, because there is a mismatch between normative democracy as the embodiment of the basic principle with empirical democracy as the embodiment of the basic sein principle. The legitimacy of a single candidate in Law Number 10 of 2016 concerning the Election of Governors, Regents, and Mayors makes the preferences of political parties increasingly pragmatism.
LEGAL ANALYSIS OF BANKRUPTCY IN THE PERSPECTIVE OF LEGAL PURPOSES Theresia Anita Christiani
Jurnal Pembaharuan Hukum Vol 8, No 1 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i1.11562

Abstract

Law  Number  37 Of 2004 On Bankruptcy And Suspension Of Obligation For Payment Of Debts was formed to protect creditors and debtors. The purpose of Law is to realize the value of the benefit, justice, and legal certainty. This juridical fact shows that there are legal issues that deserve to be studied normatively. Based on the above background, the problem in this research is the right proposal concept. The application of articles 2 (1) and Article 8 (4) Bankruptcy And Suspension Of Debt Payment Obligations Law can achieve legal objectives. The results showed that the proposed concept to amend the Bankruptcy And Suspension Of Debt Payment Obligations Law took time. Concrete conceptual proposals so that the application of articles a (1) and Article 8 (4) can realize values by changing the attitude of judges who decide not only based on legal certainty. The Judge's attitude in deciding must also be based on the potential impact of Bankruptcy on the Debtor, whether it will lead to benefit or justice. The constitutive nature of decisions also affects changes in judge attitudes. 
THE HUMAN RIGHTS PROTECTION IN THE ECONOMIC AFFAIRS OF INDONESIA Siti Rodhiyah Dwi Istinah; Sri Kusriyah; Rakhmat Bowo Suharto
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.12824

Abstract

The purpose of this study is to analyze and explain the protection of human rights in the economic sector for citizens to be able to enjoy a socially just economic development as well as to analyze and explain the challenges and obstacles in protecting human rights in the economic sector in an effort to realize social justice in the Constitution 1945. important in the constitution which gave birth to the concept of protecting human rights in the economic sector, which was initiated by the founding fathers, regarding Indonesian socialism. Hatta's idea was in line with Soekarno's thinking as "Indonesian-style socialism" which was adapted to Indonesian conditions. Qualitative research with normative juridical research type with secondary data by means of literature study. The conclusions of this study are 1) so far regulations have not provided much protection for human rights in the economic field, because they are against the principles of economic democracy in Article 33 of the Constitution 1945, so that the interests of citizens are marginalized. 2) regulations so far have more accommodated the principles adhered to by developed countries, the emergence of the era of liberalization, world trade without protection and without obstacles, will increase the level of trade competition among economic actors in Indonesia.
LEGAL RESPONSIBILITY OF NOTARY DEEDS FOR ELECTRONIC ARCHIVES Ani Muhammad Syuaib; Imam Abdi Utama; Teresa Irene Sumartono; Haryono Haryono; Mucharoroh Mucharoroh
Jurnal Pembaharuan Hukum Vol 8, No 1 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i1.13737

Abstract

Deeds made by notaries as public officials are authentic deeds in accordance with the formulation of Article 1 point (7) of the Law on Notary Office, that notary deeds are authentic deeds made by or before a notary according to the form and procedure stipulated by law. The approach method in this research is juridical normative. Based on the results of data analysis, it can be concluded that the use of electronic archives at least notary deeds has not yet obtained a strong legal basis, so it does not guarantee legal certainty. Legal certainty can be achieved, if there are no provisions that conflict between one law and another. The legal substance in the use of electronic records, at least notary deeds, has not been fully accommodated in the notary office law with the obligation to read the deed in front of witnesses and not meeting these requirements will result in legal sanctions for notaries. the law on information and electronic transactions which is the legal basis for notaries also does not provide an opportunity for electronic deeds by providing limits on notary deeds that are not included in electronic documents / information, so that they cannot be used as valid evidence.
ESTABLISHING GOOD GOVERNANCE THROUGH VALUE IMPLEMENTATION OF MONEY PRINCIPLES IN PUBLIC PROCUREMENT POLICY CONTEXT Vincensya Pingkan Meylinda Palar; Kadek Cahya Susila Wibawa; Solechan Solechan
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.15336

Abstract

This study aimed to review the application of Value for Money principles in public procurement policy to establish good governance in Indonesia. This research used a normative legal method using library research with legal and historical approaches. The results of this study showed that the implementation of Value for Money in public procurement policy is urgent to be applied, which is to encourage the good public procurement practice and produce the right goods/services based on quality, quantity, time, cost, location, and provider aspects; increase the efficiency of the use of public money, which can suppress budget leaks; improve the effectiveness of state financial management; improve the effectiveness and quality of public services; realize a clean government. Arrangements regarding Value for Money in public procurement policy are very clear by the application of e-procurement and utilization of e-marketplace; sustainable procurement; and the use of domestic products. This research also indicated the real relevance of the implementation of Value for Money principles in public procurement policy to establish good governance in Indonesia.
THE LEGAL RESPONSIBILITY OF DEBTOR TO PAYMENT CURATORS IN BANKRUPTCY SITUATION Didi Sukardi
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.15905

Abstract

The Law on Bankruptcy and the Obligation to Postpone Debt Payment does not explicitly stipulate that the obligation to pay the Curator's fee is borne by the Applicant, the Debtor or the Applicant and the Debtor jointly. The obligation to pay the curator fee is imposed through the determination of the Court of Judges who decides the bankruptcy case on the Curator's Application based on the details submitted by the Curator after hearing the considerations of the Supervisory Judge. The approach method used is a normative juridical approach the curator fees. according to Act No. 37 of 2004 concerning Bankruptcy and the Obligation to Postpone Debt Payment is not absolute, because the obligation to pay the Curator's fee can be imposed on the Applicant for the Declaration of Bankruptcy, the Bankrupt Debtor, or on the Petitioner for the Declaration of Bankruptcy and the Debtor for Bankruptcy jointly through the Determination of the Panel of Judges who decides the Bankruptcy Application.
THE MARRIAGE, DOCUMENTS AND DIVORCE IN TURKEY Ebuzer Ersoy
Jurnal Pembaharuan Hukum Vol 8, No 1 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i1.15264

Abstract

Turkish law is applied for all marriage procedures of asylum-seekers, refugees and stateless persons to be conducted in Turkey. Under Turkish law, a Turkish national and an asylum-seeker, refugee or stateless person, or two asylum-seekers or refugees of different nationalities, can be married by the Turkish authorities. All marriages carried out by the Turkish authorities are subject to the Turkish Civil Code and related regulations. Marriages are conducted by marriage officers at the Marriage Departments of municipalities. Couples intending to marry therefore need to submit the relevant documents to municipalities. Please see the section below on the required documents. It is important to note that only official (civil) marriages are legally recognized in Turkey, as defined under the Turkish Civil Code. Other forms of marriage, without an official marriage, are not recognized in Turkey. Getting an official marriage is important as it will secure and guarantee the legal rights of children and of spouses, especially women. Only after the official marriage is a religious marriage (carried out by imams) permitted.
STATE'S READINESS MOBILITY IN APPLYING NUCLEAR TECHNOLOGY AS ENERY DEVELOPMENT IN LEGAL PERSPECTIVE Shatat, Shaleh Raed; Ariyana, Ade Riusma; Arifani, Devina
Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i2.16478

Abstract

The states Nuclear Program is a program to build and utilize nuclear science and technology both in the non-energy sector and in the energy sector for peaceful purposes. Utilization of non-energy in Indonesia has developed quite advanced. The use of nuclear power in every countries covers various fields such as health, research and industry. Indonesia's readiness in implementing nuclear energy is carried out by ratifying international conventions, issuing laws, and issuing regulations from the Nuclear Energy Supervisory Agency, readiness in the field of infrastructure used to strengthen technology, and in Indonesia is committed to reducing 26% of greenhouse gas emissions in the year 2020. A nuclear power plant or nuclear power plant is a thermal power plant that uses one or more nuclear reactors as a heat source. The working principle of a nuclear power plant is almost the same as a steam power plant, using high pressure steam to turn a turbine. The rotation of the turbine is converted into electrical energy. The difference is the heat source used to generate heat. A nuclear power plant uses uranium as its heat source. The fission reaction (fission) of the uranium nucleus produces enormous heat energy. The power of a nuclear power plant ranges from 40 MWe to 2000 MWe, and a nuclear power plant built in 2005 has a power distribution from 600 MWe to 1200 MWe. As of 2015 there are 437 nuclear power plants operating in the world, which in total generate about 1/6 of the world's electrical energy. To date, around 66 nuclear power plants are being built in various countries, including China with 28 units, Russia with 11 units, India with 7 units, the United Arab Emirates with 4 units, South Korea with 4 units, Pakistan and Taiwan with 2 units each. Nuclear power plants are categorized based on the type of reactor used. However, in some plants that have several separate reactor units, it is possible to use reactor types that are fueled such as Uranium and Plutonium.

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