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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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PERSPECTIVE OF MEDIATION EFFECTIVENESS THEORY AS MAIN OPTIONS IN ORDER TO LOWER DIVORCE RATE Masrur Ridwan; Aryani Witasari; Ahmad Hadi Prayitno
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.v8i2.16065

Abstract

The purpose of this paper is to examine mediation as a way effective to reduce the divorce rate and the obstacles and challenges that create mediation as the means chosen to reduce the divorce rate in Indonesia. The increase and decrease in claimable divorce rates can basically be monitored , if supported by various parties, including through the implementation of effective mediation and efficient. In general, the biggest cause of divorce in Indonesia is dispute continuous and economic problems. Socialization and counseling about coaching the sakinah family has been awarded by the authorities. There is an obligation to conduct mediation before entering the court's domain as regulated in Supreme Court Regulation No.1 of 2016 is still being carried out half-heartedly tends to be mere formality. This is one of the obstacles in the difficulty there is an agreement in the mediation process. The divorce rate can be reduced significantly significant, if the parties involved in household cases have been pushed to take advantage of mediation institutions from an early age. The five elements according to effectiveness theory related to mediation as the main choice in suppressing the divorce rate well done.
THE LEGAL PROTECTION WEAKNESSES ON COSTUMERS OF ONLINE SHOP TRANSACTIONS Ukie Tukinah
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.v8i1.15380

Abstract

Electronic transactions that are practiced in online transactions create unequal bargaining power between businesses and customers. Business actors often use the weak position of customers to get the maximum benefit from customers. This study uses a normative juridical approach. The research results obtained include the weaknesses of law enforcement, both from the Customer Protection Agency and the Indonesian Customers Foundation, arguing that there are factors that cause customer protection conditions in Indonesia to be so alarming: First, there is still an asymmetrical relationship between producers and customers. Second, customers generally do not meet sufficient bargaining power against business actors. Third, the Government in general tends to side with business actors. Fourth, there is no sense of concern from existing law enforcement institutions, both from the Police, Attorney General's Office, and the Court.
NOTARY RESPONSIBILITY FOR ELECTRONIC STORAGE OF NOTARY PROTOCOLS Ngadino Ngadino
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.v8i1.15235

Abstract

The notary protocol is a state archive that must be kept and guarded by a notary public. Due to security concerns, maintenance costs and the size of space required further electronic storage of notary protocols can be carried out. This legal research uses a normative juridical approach as a result of the absence of norms. The technique of using legal materials used is the card system technique. The results show that the notary protocol that is stored electronically is important to do considering the duties of a notary as a public official who has the task of searching for the public in the field of civil cases so that the state must make rules regarding the storage of notary electronic protocols in its arrangement with Cyber Notary. The mechanism is to use the transfer media in digital form or scanning. The strength of notary protocol evidence stored in the field of civil law only functions as a backup, not as an electronic one which has binding power because it does not meet the requirements for document authenticity as regulated in Article 1 paragraph. 7 of the Amendments to the Law on Notaries and Article 1868 of the Civil Code and in the field of criminal procedural law, namely that it can be evidence to show evidence that shows other evidence.
THE ALTERNATIVE DESIGNS EFFORT TO SIMPLIFY THE NUMBER OF POLITICAL PARTIES IN INDONESIA Sulistyani Eka Lestari; Ahmad Siboy
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.v8i2.16147

Abstract

The number of political parties continues to increase from time to time. Ironically, the establishment of a political party is not based on the desire to carry out the functions of political education, political recruitment, and political regeneration. It is only to fulfill the desire for the power of a group of political elites. This research aims to analyze the need to simplify the number of political parties and determine the ideal simplification design of political parties This research used normative juridical research with statutory, historical, and conceptual approaches. The results indicated that political party simplification is needed for creating effectiveness and efficiency, minimizing segmentation or the emergence of friction among Indonesian citizens, preventing voter confusion, and maintaining political stability. Meanwhile, the ideal design to simplify political parties that can be executed is through submitting the dissolution of political parties to the Constitutional Court (Indonesian: Mahkamah Konstitusi (MK)) by expanding the criteria for those who can propose for dissolution (legal standing), imposing strict sanctions, implementing a moratorium on permits for the establishment of new parties, and extending the authority of the government to unilaterally dissolve political parties, such as the power to dissolve banned community organizations.
LEGAL PROTECTION TO THE PEDESTRIAN RIGHT Kadek Erma Karlyana; Galih Puji Mulyono
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.v5i2.3007

Abstract

Walking is one of the main modes of human transportation before the emergence of various other means of transportation that support the movement or movement of humans. In the midst of the rapid development of transportation, safety from pedestrians began to be overlooked by the increasing percentage of traffic accidents involving pedestrians as victims. The neglect of pedestrian protection is a form of violation of human rights that is the basic right of the pedestrian itself as the weakest mode of transportation. The neglect of the protection of pedestrian human rights is caused by several factors such as the availability of inadequate facilities such as the conversion of pedestrian lines by street vendors, the lack of awareness from the public regarding law enforcement on pedestrian protection to the lack of government role in it. The purpose of writing this topic is to raise public awareness about the importance of protection of pedestrian rights by not escape the existence of cooperation from the government so that the rights can be fulfilled as stated in the Act.
Pelaksanaan Pemeriksaan Terhadap Pelaku Penyalahguna Narkotika Dengan Sistem Rehabilitasi di Badan Nasional Narkotika Propinsi Jawa Tengah. Andri Winjaya Laksana
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.v3i2.1454

Abstract

Human Trafficking especially against women and children is a crime whose perpetrators must be severely punished. Most victims of trafficking are women and children whose educational level is low and the weak economic situation, therefore victims should receive legal protection. The method used in this research is juridical sociological or socio legal research, the method or procedure used to solve research problems by examining secondary data such as ingredients laws or regulations applicable law followed by conducting research on the data primer on the field. The results showed, 1) factors that cause human trafficking are poverty, low education, Promiscuity, lack of information. 2) obstacles in the legal protection for trafficking victims even though the government has issued Law No. 21 of 2007 on the Eradication of Trafficking in Persons, but it is unfortunate that the law can not be enforced effectively, because there are some obstacles in the form factor of non-juridical include economic factors, poverty, education factors are low and social and cultural factors.
MODEL OF OBLIGATION REGULATORY CONSTRUCTION AS LEGAL PROTECTION EFFORT TO CAPITAL MARKET INVESTORS BASED DIGNITY JUSTICE Tommy Leonard; Heriyanti Heriyanti
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3801

Abstract

The research objective is to create a model for regulation of construction obligations as a form of legal protection against Indonesian capital market investors based on dignity justice which is a new strategy for strengthening the role of government in the regulation of the obligation yield. The resulting model in this study in particular has a purpose as an offer or alternative solutions both a legislative function in the realm of the executive and Parliament to produce a obligation regulation. The method that will be used through the stages include: mapping existing condition of construction which has been used, the mapping of potential executives (leading sector) and the Council, evaluating regulations that have been produced so far, identify and evaluate the constraints faced in stage construction policy , identify opportunities and strategies and formulate a model of construction that can be developed, p enekanan in order construction regulations do executive and Parliament in order to generate regulatory-based justice and legal certainty
ANALISIS YURIDIS PENYIDIKAN TINDAK PIDANA PORNOGRAFI BERDASARKAN UNDANG-UNDANG NOMOR 44 TAHUN 2008 DI ERA DIGITALISASI Andri Winjaya Laksana; Suratman Suratman
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i2.1473

Abstract

Pornography is a crime that is privacy so that enforcement against the eradication of pornography there are many difficulties. One of the factors inhibiting the eradication of pornography among others due to lack of cooperation from the public and the various parties in reporting this crime. Criminal law enforcement have a tendency to be influenced by the structure of society, that is a constraint that allows the criminal law enforcement can be run and can provide barriers that lead to the enforcement of criminal law can’t be started or can't be maximize. As happens to the pros cons on current legislation Law No. 44 Year 2008 concerning the Crime pornography. This research method using normative juridical approach. Normative juridical research also called legal research library research is done by checking library materials or secondary data. The results of the study refers to Article 34 in conjunction with Article 8 of Law No. 44 Year 2008 on Pornography, (1) that the elements of the crime of pornography consists of Subjective elements that error, which means intentionally or consent was committed and objective elements that act ( be) which means that objects or models that contain pornographic content. (2) In the process of criminal investigations conducted pornography remains based on Criminal Procedure unless otherwise provided in the Act No. 44 of 2008
GUIDELINES FOR PRESIDENTING WOMEN FACING THE LAW IN DIVORCE WITH JUSTICE BASED IN KEBUMEN RELIGION COURT (IMPLEMENTATION OF PERMA NO. 3 YEAR 2017) Trubus Wahyudi
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.v6i2.7806

Abstract

An effort to improve the quality of justice with a gender perspective on July 11, 2017 the Supreme Court of the Republic of Indonesia has issued PERMA Number 3 of 2017 concerning Guidelines for Judging Women Against the Law. In line with this study, researchers assume specifically the implementation of Perma Number 3 of 2017 is related to women dealing with law in divorce cases related to the protection of women's rights (ex-wife) along with children's rights due to divorce based on justice. the implementation of PERMA No. 3 of 2017 in the field of litigation duties in the Religious Courts. In the end, judges in trying women's cases dealing with the law must reveal factors based on principles: Appreciation for human dignity, Non-discrimination, Gender Equality, Equality before the law, Justice, Utilization, for the sake of legal certainty.
UPAYA KEPOLISIAN DALAM MENGATASI TINDAK KEJAHATAN AKIBAT MINUMAN KERAS DI KOTA SEMARANG (Studi Kasus Di Polwiltabes Semarang) Andri Winjaya Laksana
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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

Abstract

Consuming liquor cause a variety of social ills, gave birth to various forms of bad deviation in behavior, morals, religion, psychology, and health. Liquor can be said is the embryo of a crime, because when a person is under the influence of liquor has a tendency to commit crimes, such as persecution, robbery, theft, extortion and even murder. The research method in this study is that sociological juridical procedures used to solve research problems by examining the secondary data in the form of regulations applicable law was followed by conducting research on primary data in the field. The results obtained in the policing effort in tackling crime due to alcohol, among others, include pre-emtive efforts, preventive measures and repressive efforts while the obstacles that arise in police efforts to tackle crime due to alcohol because there is no tradition of drinking to celebrate an event in some areas such as in a wedding or a traditional ceremony, police officers who act irresponsible that protect dealers and sellers of liquor, there is no legislation that specifically regulates the liquor, the absence of strict sanctions for traffickers, sellers, and buyers of liquor that exceeds the prescribed standards, and the lack of participation of the community to participate in tackling abuse of liquor.

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