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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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DEBTOR PROTECTION IN THE EXECUTION OF FIDUCIA SECURITIES Ratih Mega Puspasari; Muhammad Ngazis
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.v8i1.13798

Abstract

In its development, economic needs and economic pressure cannot release every human being from his dependence on loan guarantee institutions. Fiduciary collateral institutions are not excluded, however, in its development, the installment payment process often fails, requiring that fiduciary collateral be executed to be taken by creditors, while the method of execution often uses debt collection services with a violent approach. The approach method used in this paper is an empirical juridical method where legal issues are analyzed from the normative and empirical aspects.
THE COMPARATIVE STUDY OF CHILD DRUG ABUSE CASES Ibnu Taqwim; Pagar Hasibuan; Zulkarnain Zulkarnain
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.v8i2.16169

Abstract

The inconsistency of law enforcement in implementing the substance of the narcotics law has led to a polemic in the community, especially against cases of drug abuse committed by minors, it becomes unclear, the approach method used in this study uses a normative juridical approach. The research found that children as perpetrators of narcotics crimes, if they are not proven to be dealers, which can be dangerous as a basis for imprisonment for children, it is necessary to be rehabilitated as regulated in the narcotics law. Considering that children who are perpetrators of narcotics crimes are only users and are affected by bad environmental conditions both in the family and the environment. Narcotics in the Islamic perspective is analogous to the prohibition of drinking alcohol. This prohibition is carried out because narcotics cause hatred, hostility, disaster and dangerous disasters, both for users, families, communities and the nation and state. Narcotics are prohibited in Islamic law and producers, dealers and users will be subject to Had or Ta’zir sanctions.
THE ONLINE DISPUTE RESOLUTION IN PANCASILA’S FRAME Kasmudin Harahap
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.v8i2.15906

Abstract

Online Dispute Resolution is a solution in resolving problems outside the court where online dispute resolution is an appropriate solution to resolve online trade disputes, the settlement must apply Pancasila values. Method The approach used in this research is normative juridical. The results of the research show that the application of Online Dispute resolution in addition to legal reform in the field of electronic transactions is also related to efforts to create legal certainty in online dispute resolution in Indonesia. The basic principles of online dispute resolution in Pancasila values are reflected in the spirit of kinship and mutual cooperation, these principles is a reflection of Pancasila values leading to basic values which are the elaboration of the same spirit and within the limits allowed by these basic values. Agreed values in realizing the law as the goal of justice and creating justice
ISM-CODE AS A LEGAL PROTECTION OF USE SHIPS ARE NOT CONFORT WITH MARINE STANDARD IN INDONESIA Anirut Chuasanga; Ong Argo Victoria
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.v8i1.15265

Abstract

Transportation in general in Indonesia is facing many challenges, but all possibilities that will occur can be anticipated by structuring a more resilient national transportation system. This study aims to determine and understand the application of the ISM-Code to be used as legal protection from the use of ships that are not of marine standards. The research method used is the normative research method, which is a legal writing method that aims to obtain library legal materials by collecting and analyzing legal materials related to the problem. The results of this study are, first. In the application of the ISM-Code it is used as a legal protection from the use of ships that are not standard marine standards. There are still many shipping companies that issue policies that are not standard ISM-Code or do not meet the elements of Article 9 of the Minister of Transportation Number 45 of 2012 concerning Ship Safety Management Systems. And secondly the ISM-Code Required as Legal protection from the use of ships that do not meet maritime standards is the form of legal protection contained in the ISM-Code.
THE NARCOTICS ABUSE TERM WEAKNESSES IN CRIMINAL LAW ENFORCEMENT OF INDONESIA Elpina Elpina; Mariah Sonanggok Purba
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.v8i1.14547

Abstract

A crime of narcotics abuse has experienced an alarming development, one of which is the increasing factor of narcotics abuse, one of which is the legal vacuum in law enforcement against drug abuse. The approach method used uses a normative juridical approach, the research results obtained are the weaknesses of narcotics criminal law enforcement include: (a) in the formulation of criminal sanctions, namely most of the criminal sanctions in Act No. 35 of 2009 are formulated cumutatively, in the formulation of the most cumulations are between imprisonment and sufficient fines. large, there are no special rules for corporations that do not pay fines, and no specific types of sanctions (criminal / action) are seen for corporations (b) related to the issue of criminal threats, namely: there are offenses that are given a special minimum criminal threat which is If there is a deviation from the Criminal Code system, there are no specific guidelines or regulations for the application of minimum penalties, and there are no specific criminal rules to implement the minimal system can be a problem if there is participation, trial, discourse, recidive, criminal mitigation, expiration, and so on.
THE LEGAL PROTECTION FOR TRANSPORT PASSENGERS DURING THE COVID-19 PANDEMIC Retno Hadiningtyas
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.v8i2.15374

Abstract

Transportation as a means of supporting economic development and community development and industrial growth needs to get the main attention when conditions enter the New Normal Era because Indonesia is still experiencing a high level of spread where the mode of transportation used by many people can be a medium of spreading the COVID-19 virus. The purpose of this research is to provide legal protection to passengers by the carrier as an effort to care about the safety, comfort, safety of passengers as users of transportation services that the carrier must protect by adjusting existing regulations and in its implementation required supervision from the Government and the public. This research is normative legal research that uses a legislative approach and is sourced from primary legal materials. The data was collected by studying libraries sourced from primary, secondary, and non-legal legal materials. The research results prove that the legal protection of passengers by the carrier can run well if the passengers consciously adhere to the Health Protocol and comply with government rules as a form of effort to maintain all transportation elements with all activities. So these efforts have an impact on preventing the spread of the COVID-19 virus that is increasing in Indonesia.
THE FINANCING RESTRUCTURING LEGAL ANALYSIS FOR DEBTORS AFFECTED BY COVID-19 IN SHARIA MULTIFINANCE INSTITUTIONS Andi Aina Ilmih; Kami Hartono; Ida Musofiana
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.v8i2.16064

Abstract

This study focuses on problematic financing by debtors affected by Covid-19 at Islamic multi-finance institutions in Semarang City, with the aim of finding the reality of the form of problematic financing experienced by debtors during the Covid-19 Pandemic. This study uses an empirical juridical approach, data analysis using descriptive-analysis methods. Based on the research that has been done, the regulation of the Financing Restructuring Law is guided by POJK Number 11/POJK.03/2020 concerning National Economic Stimulus as a Countercyclical Policy on the Impact of Coronavirus Disease 2019 which regulates asset determination, financing restructuring and provision of new funds. The impact arising from the existence of a financing restructuring policy for debtors affected by Covid-19 can be viewed from the following aspects: (1)Juridical Aspect, meaning that there are no sanctions for the financing institution as a creditor if it does not follow or apply, only based on the willingness of the creditor; (2) Economic Aspect, can help debtors to recover and stabilize the economy so that they can fulfill promises (achievements) to creditors; and for creditors the impact on financial activities or transactions that occurred during the Covid-19 pandemic can still be stable; (3)Psychological Aspects, meaning that one side fosters a strong mentality and confidence for creditors/financing customers to fulfill their obligations, and on the other hand, the existence of the presence of financial institutions is maintained in the future.
SOCIOLOGICAL ANALYSIS OF NARCOTICS CIRCULATION TREATMENT ON STUDENTS Andri Winjaya Laksana
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.v8i1.15377

Abstract

Narcotics abuse is a serious problem experienced by various countries including Indonesia. The proliferation of narcotics trafficking among students has become increasingly alarming by making students the target of narcotics syndicates networks. The concern about the circulation of Narcotics among students must be anticipated immediately considering that students are the next generation of the Nation. Juridical empirical approach method. The implementation of the prevention of narcotics crime among students in its development has not been able to run effectively this is because the circulation of narcotics among students with target consumers of fellow students uses social media networking facilities via the internet which is the result of advances in information and communication technology as well as overcoming the circulation of narcotics crime is divided into : primary, before abuse occurs, or known as a preventive function. Usually in the form of education, dissemination of information about the dangers of drugs, approaches through the family, etc. In carrying out this function, the efforts that must be made by the government include regular outreach, establishment of supervisory institutions, forming laws and regulations in various forms, and even establishing international cooperation both bilaterally, regionally and multilaterally.
Corporate Criminal Liability for Criminal Acts of Corruption Muhammad Ridwan Lubis; Panca Sarjana Putra; Yasmirah Mandasari Saragih
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.v8i1.15234

Abstract

The practice of this criminal act of corruption that involves corporations is an extraordinary crime and is very detrimental to the state. The direct consequences of these crimes to society are financial losses, job losses, and even loss of life due to the crisis. Researchers use normative juridical research methods with 3 (three) approaches to examine two problems discussed with normative research methods. It was found that corporate crime against corruption contained five theories of strict liability according to the law (strict liability) where historically the law began to pay more attention and the principle of absolute responsibility as a punishment needed to prevent retaliation then changed. be a responsibility based on the element of error
EFFECT OF LAW ENFORCEMENT TO CREATING GOOD GOVERNANCE BASED ON JUSTICE VALUES Ibnu Affan
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.v8i2.16171

Abstract

The purpose of writing in this article is to find out and analyze the effect of law enforcement in the implementation of good government. The approach method used in normative legal research used in this study uses modern legal concepts. The research result states that the concept of good governance can be realized if governance is organized in a transparent, responsive, participatory manner, obeying legal provisions, oriented to consensus, existence of togetherness, accountability and having a strategic vision. Governance is said to be good if the common goal is carried out well, paying attention to the decision-making process, carrying out regulatory functions, exercising power properly and orderly institutions. Good governance is implemented in the context of democratizing the life of the nation and state. One of the conditions for democratic life is the existence of law enforcement that is just and implemented without a reed perspective. As the first step in creating good governance is to build a sound legal system, both software, hardware, and human resources who run the system.

Page 22 of 45 | Total Record : 449

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