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.
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449 Documents
<![CDATA[CONVERSION OF VILLAGE DRUWE RIGHTS BECAME PROPRIETARY RIGHTS ACCORDING TO ARTICLE II PROVISIONS ON THE CONVERSION OF AGRARIAN LAWS (UUPA) ]]>
<![CDATA[Nonik Latifah]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i3.10872
<![CDATA[ABSTRACTBali Provincial Regulation Number 3 of 2001 which has been amended by Bali Provincial Regulation number 3 of 2003 concerning Desa Pakraman article 9 paragraph (5) explicitly states that land owned by Pakraman village of Bali cannot be certified in the personal name and Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights designates the pakraman village as the subject of joint ownership rights. This brings polemic related to the existence of the village Druwe's land rights. Then the focus of this research is whether the conversion of Druwe Village Rights Into Property Rights According to Article II Provisions for Conversion of the Basic Agrarian Law (UUPA) is in accordance with the law. How should the conversion of Druwe Desa rights to land rights according to the LoGA. as for the research methods used Normative law research (normative law research). The approach used. Statute Approach and Historical Approach. The results of this study are found. Conversion of Village Druwe Rights to Property Rights According to Article II, the Conversion Provisions for the Basic Agrarian Law (UUPA) are not in accordance with the law, because the rights of village druwe with ownership rights do not have in common or similarities either with respect to the subject of the holder of his land rights or the authority of the holder of his right, so that conversions cannot be carried out. This is reinforced by article 9 paragraph (5) of the Regional Regulation of the Province of Bali Number 3 of 2001 which has been amended by the Regional Regulation of the Province of Bali number 3 of 2003 concerning Desa Pakraman regarding land owned by the village of pakraman in Bali cannot be certified in the personal name and the Decree of the Minister of Agrarian Affairs Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights.]]>
<![CDATA[HARKAT DAN MARTABAT MANUSIA DALAM PANDANGAN KENEGARAAN PANCASILA DAN UUD NRI TAHUN 1945 ]]>
<![CDATA[Suroto Suroto]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v2i3.1508
<![CDATA[The formulation of Pancasila is constitutionally contained in the fourth paragraph of the preamble of the 1945 Constitution. The human dignity and purity in Pancasila's view which means the values of Pancasila arise and is extracted from the thinking of Indonesian philosophy, and contains spiritual values in accordance with the Indonesian people's conscience. The state of Pancasila essentially contains a concept of principle and value that is used as the source of all elaboration of legal norms up to other norms. According to the 1945 Constitution is the parent of the highest state law, this subject is contained in Chapter XA of Article 28-28J, that the state will always guarantee and protect all human rights and dignity wholly owned without diminished, when and where even the protection of human rights and dignity is always put on top of all other needs.]]>
<![CDATA[POLITIK HUKUM PENYELENGGARAAN OTONOMI DAERAH DALAM PERSPEKTIF NEGARA KESATUAN REPUBLIK INDONESIA ]]>
<![CDATA[Sri Kusriyah]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v3i1.1339
<![CDATA[The 1945 Constitution is the highest law in Indonesia. From 1999 to 2002 has experienced four stages of change which were conducted democratically, constitutionally and institutionally bythe Assembly. The setting changes include the Article 18 of the regulation of local government. The Article 18 of the State Constitution RI 1945 is currently implemented by Act No. 23 of 2014 on Regional Government, as the basis of political regional autonomy law in Indonesia. The problem in this research are: how do the the central government and local government be divided in term of authority, how do public services is guaranteed, how do the organizers of local government competency is standardized?, and how do the principles of governance in the Islamic view? The results of the research reveals that Politics Regional Autonomy Law byLaw No. 23 of 2014 the local government is still under control by central Government. Public Service guarantee the principles of the public service. The scope of public services includes: services of public goods and public services as well as administrative services. Management of Public Service, Local Government shall establish public service management with reference to the principles of public service. The Governance Principles in the Perspective of Islam, can be traced in the Qur’an and Hadith include: Power as a mandate, the Council, to uphold the rule of law and justice, leadership, responsibility of leaders, relationship between the leader and the led is based on brotherhood and careness.]]>
<![CDATA[PERLINDUNGAN HUKUM PROFESI DOKTER DALAM PENYELESAIAN SENGKETA MEDIS ]]>
<![CDATA[Setyo Trisnadi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v4i1.1656
<![CDATA[This study aims to explore the analysis of the application of legal protection and its weaknesses in the settlement of medical disputes between physicians and patients today. Descriptively analytical and empirical juridical approaches, and using constructivism paradigm,it is hoped that the authors can describe various primary and secondary data to reconstruct the legal protection of the physician profession in the settlement of medical dispute between physicians and patients based on the value of justice. In the resolution of medical disputes between physicians and patients as set forth in Article 50 of Law No. 29 of 2004 on Medical Practice and Article 57 Law No. 36 Years of Health Personnel has not fully provided protection for doctors, because in practice the handling of alleged malpractice cases by the police investigator will certainly use the procedures or procedures in the KUHAP as a reference, this is because the Law does not regulate how to be in the event of suspicion that doctorsviolate articles In UUPK. The Government and House of Representatives are expected to make improvements to Law No. 29 of 2004 on Medical Practice, by making regulations on “procedural arrangements” ranging from inquiry, investigation, prosecution if necessary to verdict.]]>
<![CDATA[POTENSI KORUPSI DALAM KEBIJAKAN VALIDASI PAJAK PENJUALAN ATAS TANAH DAN ATAU BANGUNAN ]]>
<![CDATA[Lilik Warsito]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v3i3.1366
<![CDATA[Law No. 36 Th. 2008 Income Tax, tax objects including land transfer. A general description that maintaining self-assessment, but in fact a seller who has to pay income tax to get validation from the Tax Office. Discussion: The procedure of payment of income tax, the seller pays the tax-SSP; Then the seller to apply to the Tax Office for validation; Policy validation of payment of income tax can raise the potential for corruption, as stipulated in Law No. 31 Th. 1999 jo. Law No. 20 Th. 2001]]>
<![CDATA[RECONSTRUCTION PROTECTION OF LAW OF VICTIMS OF VICTIMS BASED ON JUSTICE VALUES ]]>
<![CDATA[ervin hengki]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v4i3.2323
<![CDATA[The crime of rape is the most difficult case in the settlement, either at the stage of investigation, prosecution, or at the stage of the adjudication of the verdict. Legal protection of victims of criminal rape in positive law in Indonesia is currently not based on the value of justice, because there are still weaknesses, namely the weakness of the law, the weakness of the approach / way of thinking of law enforcers, as well as the weaknesses during the criminal justice process.]]>
<![CDATA[KEBIJAKAN PENEGAKAN HUKUM PIDANA TERHADAP PENANGGULANGAN MONEY LAUNDERING DALAM RANGKA PEMBAHARUAN HUKUM PIDANA DI INDONESIA ]]>
<![CDATA[Sri Endah Wahyuningsih]]>;
<![CDATA[Rismanto Rismanto]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i1.1414
<![CDATA[Criminal law enforcement policy on prevention of money laundering in the context of criminal law reform in Indonesia can be started with the establishment of an appropriate legal products through through the government and passed by the House of Representatives, the readiness of law enforcement, protection for whistleblowers, reverse proof, constraints faced in the implementation of policies enforcement of criminal law on prevention of money laundering in the context of criminal law reform in Indonesia, the Increasing Money Laundering, human resources investigator’s ability is limited, Lack of coordination among law enforcement agencies, Prevention and Eradication of Money Laundering in the form a the Reporting Center and Financial analysis hereinafter referred PPATK. This institution is an independent agency that has the authority and duty to examine the suspected actions related to money laundering.]]>
<![CDATA[NOTARY’S RESPONSIBILITY TO THE TRUTH OF DATA IN THE MAKING OF ISLAMIC BANKING CONTRACT IN INDONESIA ]]>
<![CDATA[Abdul Muin]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i1.3011
<![CDATA[Notary is a public official appointed by the government authorized to make an authentic deed as stipulated in UUJN. Authority as mentioned above includes in the making of deed or contract on Islamic Banking. A contract according to language is binding, connecting, as for the meaning of the contract by term is an association or meeting between ijab and qabul that result in law. While the definition of Islamic Banking is a bank that runs its operations based on the principles of sharia. Notary Authority as regulated in Law Number 30 Of 2004 junto Law Number 2 Of 2014 concerning Notary Position shall be based on the honesty of Notary in executing its duties and authority including within the truth of the data in the process of making the contract. If the contract or deed made by the Notary in the future found the supporting data proved counterfeit and Notary participate in the practice of data forgery then the Notary is the person involved in making the contract with false data. However, if the data on which the notarial deed is made is not involved in the falsification, then the Notary does not take responsibility in the criminal act of falsifying the data. And the notary may exercise its right of interest. The legal basis of this journal is the Qoran and Hadits, Law No. 30 of 2004, Law No. 2 of 2014 on the position of Notary, Law Number 31 Of 2008 concerning Islamic Banking and the Civil Code.]]>
<![CDATA[SISTEM PEMIDANAAN EDUKATIF TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA ]]>
<![CDATA[Arpangi Arpangi]]>;
<![CDATA[Amin Wastoni]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i2.1432
<![CDATA[Criminal system that applies to an offense committed by children today are based solely on the nature of pemidanaannya alone. The granting of the criminal system in education is a solution in changing a child’s behavior for the better.The research method used in this study using normative. The results mentioned: 1) The system of sentencing educational for children as a criminal has been regulated in Law Number 3 of 1997, primarily related to the sanctions imposed against the child pursuant to Article 24 paragraph (1), namely to restore to parents, guardians, or foster parents; handed over to the state for education, training and job training; or submit to the Department of Social, Community or social organization engaged in education, training, and job training. Efforts to include children in prisons or detention is a last effort. 2) Barriers to implementation of the criminal system educative for children Indonesian judges in the criminal punishment for children in conflict with the law refers only to the laws that are applied rigidly regardless of background, interests of the child, and the psychological impact on the verdict and without prioritizing justice for children.]]>
<![CDATA[THE ROLE OF FORENSIC MEDICINE IN THE CRIMINAL EVIDENCE PROCESS ]]>
<![CDATA[Setyo Trisnadi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v8i3.18957
<![CDATA[Forensic Medicine has a very important role in disclosing a crime that has occurred, especially for cases that are difficult to solve or require special techniques to disclose. Its also very helpful for law enforcement officers to reveal a criminal act that occurs from the level of investigation to the stage of court against cases related to the human body or soul so as to make light of a criminal act that occurred. In cases related to injuries, health and life of a person caused by a crime, the doctor can explain as an expert witness in the settlement of criminal cases. In this study using a normative juridical method. The results obtained stated that the role of forensics in the examination of the judicial process was intended to determine the presence or absence of persecution, to determine whether or not there was a crime or a violation of decency, to determine the age of a person, to determine the certainty of a baby who died in the womb of a mother and examination at the scene. Cases are usually requested by the authorities, in the event that someone is found dead.]]>
