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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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THE LEGAL STRATEGY OF TREATING TELEMATICS CRIMES IN THE FIELD OF ELECTRONIC TRANSACTIONS IN GLOBAL TRADE Dian Alan Setiawan; Abdul Rohman; Fabian Fadhly Jambak; Alfiyan Umbara; Mia Oktafiani Mulia Oktafiani Mulia
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.15743

Abstract

Economic globalization that is sweeping the world today began with the development of transportation facilities and cross-border trade. One of the facilities in the internet world to support economic activity is Electronic Transactions. In Indonesia, problems that arise due to the use of transaction media through telematics technology continue without being followed by the existence of laws that regulate it (cyber law). This study aims to determine legal policies against crime in electronic transaction activities in various sources of positive criminal law in Indonesia and to determine strategies for overcoming telematics crimes in the field of electronic transactions in global trade. This research is a normative legal research that is finding a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study explain the legal policy against crime in electronic transaction activities in various sources of positive criminal law in Indonesia carried out in two stages, namely the Applicative Stage and the Formulation Stage and explain the Legal Strategy for Combating Telematics Crime in the Field of Electronic Transactions in Global Trade which is carried out through the Penalty Policy and non-penal policy.
ASPECTS OF LEGAL PROTECTION FOR CHILDREN FROM CYBERCRIME Ida Musofiana; Aji Sudarmaji; Ira Alia Maerani
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.v7i3.12820

Abstract

The 21st century has progressed further. As in Indonesia, currently, the development of technology is increasingly rapid. This certainly affects aspects of social life in society and its security. Today's threats are not only enemies in the military, but also non-military. Among them are the threats faced by internet users, the penetration rate shows a high cumulation, opening up opportunities for the emergence of cyber-based crimes. The development of infrastructure is in line with the development of technology. Increasingly sophisticated technology is not only used by the community for positive things. However, not a few are taking advantage of technological sophistication to reap benefits that result in losses for technology users themselves. This study aims to research, examine how legal protection for children from cybercrime. In this case, children become vulnerable to cybercrime in digital era. Why is that? Considering that the control for internet access, as well as legal products in Indonesia, cannot yet fully guarantee protection for victims of cybercrime. The method used in this research is to use the descriptive analysis approach. Assessing and analyzing legal protection for children from cybercrime based on legal theories and applicable laws and regulations. Besides, it also reveals the phenomena of the current situation in the community.
CONSUMER PROTECTION RELATED TO DISPENSING PUMP MANIPULATION IN SPBU (GAS STATION) Deviana Yuanitasari; Sonny Dewi Judiasih; Ratu Chairunissa
Jurnal Pembaharuan Hukum Vol 7, No 2 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i2.10855

Abstract

Services in business activities at SPBU (gas station) often created problems between business operators and consumers that can cause cost to consumers. Underhanded practices are carried out by SPBU owner by manipulation digital technology systems that automatically measure the flow of fuel (dispensing pump) that is not in accordance with the measurements. This writing aims to review and analyze responsibility of business operators and legal protection for consumers related to manipulation dispensing pump of SPBU. The method used in this research is normative juridical with descriptive-analytical research specifications conducted with the approval of the regulations in the field of employment in terms of layoffs conducted by companies and research by interviewing the parties involved in industrial relations. Based on the research results obtained answers is: First, the responsibility of business operators who carry out manipulation dispensing pump is to revoke the PASTI PAS predicate within a period of two months and terminating cooperative relationship if the business operators is considered to inflict losses many consumers by Pertamina and granting compensation in accordance with Article 19 of UUPK. Second, legal protection for consumers is protection in the form of preventive and repressive, where prevention is carried out coaching by the government or Pertamina and repressive with law enforcement or settlement of consumer disputes both through the court and outside the court.
THE CONSTRUCTION OF TERRORISM PREVENTION IN LEGAL POLITICS Bahtiyar Efendi
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.18768

Abstract

Terrorism is a criminal act or extraordinary crime that is of concern to the world today, especially in Indonesia. Terrorism that has occurred in Indonesia recently has ideological, historical and political linkages and is part of the dynamics of the strategic environment at the global and regional levels. the approach method uses normative juridical, the results of the study state that the legal politics of eradicating criminal acts of terrorism in Indonesia is a proactive policy and anticipatory step that is based on prudence and is long-term in nature. The use of Act No. 15 of 2003 to regulate the eradication of criminal acts of terrorism is based on the consideration that the occurrence of terrorism in various places has caused material and immaterial losses and caused insecurity for the community. It can be stated that the government's policy to tackle criminal acts of terrorism is by taking legal steps, so that unwanted things can be anticipated.
CRIMINAL THREATS FOR PERPETRATORS OF OMISSION IN CHILD ABUSE IN INDONESIA Lina Dwi Istiqomah; Nyoman Serikat Putra Jaya; Duwi Aryadi
Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i3.10945

Abstract

Child abuse is increasingly happening every day. Even cases of child abuse are mostly perpetrated by parents. Many people who know, but those who do know just tend to leave and seem unconcerned because of the notion that violence is not their problem. There is also an assumption that violence against children is one of the methods of education given by parents to children. So it is not right for other parties to interfere in the problem of educating children. The existence of these assumptions makes people become indifferent and allow violence. The problem is there is a criminal threat for those who allow child abuse. In this article, the normative legal approach is to use literature or literature studies and qualitative descriptive analysis of the problem. This research shows the ignorance of the public regarding the threat of crime because of acts of omitting violence against children which is known to make child violence increase and have a greater impact in the future. Regarding the omission of violence against children itself has been regulated in Article 78 of the Child Protection Act, whereby anyone who does not allow violence against children can be subject to criminal threats.
CONTEXTUAL STUDY OF FAMILY LAW: RETHINKING DIFFERENTIAL ROLES AND POSITIONS OF WOMEN (INDONESIAN COUNCIL OF ULAMA/MUI) IN KEDIRI CITY FAMILIES IN THE PANDEMIC ERA Siti Aminah; Siti Sumadiyah
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.17652

Abstract

This research is an effort to affirm the role and position of women in the family who are no longer on the sub-ordinate line. By carrying out a contextual study based on the rules of fiqh legal provisions depend on the god who follows and taghayyur, al-ahkam bi taghayyur al-azminah wa al-amkinah, the research has a significant point. To ensure the validity of this research, the research data is a scientific research method that can be accounted for. The data is extracted through the triangulation method, namely interviews, observation and documentation. The data results were tested for the validity of the data through triangulation of sources and techniques. After the final data, the findings of the study were obtained. Namely, 1) on the economic aspect of the family, women work in a community by developing micro-enterprises; 2) in the social aspect, women provide counselling, socialisation, both online and offline; 3) in the spiritual aspect, women carry out halaqah on family resilience during the pandemic and socialise the MUI fatwa related to vaccination law; 4) in the education aspect, women provide services, education and education to the wider community in dealing with the Covid-19 pandemic.
PERUBAHAN SISTEM HUKUM MENUJU JATI DIRI SEBUAH NEGARA Emy Hajar Abra
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.v3i2.1451

Abstract

Legal system of a state determine the main source of law in making a legal policy,  clearly legal systems has certain characteristic although on the development differences among legal system cannot be seen clearly.To comprehend and strengthen the legal systemof a staterequired an observation toward legal system of other states as comparison. The function of legal systems comparison is the basis to grouping states into the family of legal system.Basically legal system describes legal form of a state, hence when a legal system createdfrom structure, substance and culture of certain state the legal system must reflect the state identity. Several factors influence the process to develop a legal system, such as economics, political and social. Means, legal system could be form not only by internal values but also external factorsof state. As a result to avoid legal systems with thin similarities and differences, finding a suitable legal system that in line with the identity of a country is a better way.Discussion about the thin differences between Continental European and Anglo-Saxon do not get big attention as before, impressed ignored and turn out trigger of questions. Why a stateunable to consistently espoused the legal system?, whethergrouping legal systemsinto family of legal system no longer important?. This paper will answer those question by deeply examinethe restorationof legal system so that in line with the historical value of a state.  Colonized states often apply legal system that comes from colonizer after independent which means their legal system is notthe state pure legal system that can be incompatible with the values that develop in a state. Would be inconsistent when the legal system applied is Continental European, but in fact the values, laws, institutions and legal verdict are based on the values of religious, Islam for instance.Gambia,a state in Africa with 95% of population is Muslim and the former British colonytake a big step by leave the legacy of colonial legal system, Anglo-Saxon.  Gambia. How could a state forced to follow the legal systems of other states remember law is an independent rule, free from interference and coercion. This is the focus study will explain about that when legal system with openness value must have consistency with values that recognizedand upheld by society in a state. As a result changes in a legal system toward identity of a country are necessity and inevitable. On the other hand, debates and critics on the thin differences of legal system should be an independent study to discuss. 
POLICE ROLE IN IDENTIFYING FINGERPRINT BUSINESS CRIME (Studies in the Central Java Police) Indah Setyowati; Ika Setya Arini
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.v5i3.3746

Abstract

Fingerprint identification is a technical assistance Police and plays an important role in proving the identity of the perpetrators of criminal acts, able to support a rapid, precise and accurate and to improve the effectiveness and efficiency in law enforcement. This study aims to determine the role of the police in the process of identifying fingerprint to uncover the perpetrators of criminal acts and to identify constraints as a barrier to the implementation of the process of identifying fingerprints by the police to uncover the perpetrators of criminal acts. This study uses empirical juridical approach to analyze the problem by combining the juridical aspect is legislation that was secondary data and empirical aspects by conducting interviews and observations at the site of research is the primary data. Results showed that: 1. The Role of the Police in identifying the perpetrator Crime Fingerprint carried out in several stages conducted by the Criminal dactyloscopy field dactyloscopy Unit (Daktikrim) under Section Identification Ditreskrimum Central Java Regional Police, in charge of the formulation, examination, comparison of equation fingerprint to reveal the identity of the offender. 2. Obstacles that Being inhibitors in Implementing Fingerprint Identification Process by the Police for Revealing Actors Crime: a. Constraints of the Police (Internal constraints) b. Constraints from outside the Police (External constraints).
IMPLEMENTASI PENGGUNAAN HAK INISIATIF UNTUK MENGHASILKAN PERATURAN DAERAH TENTANG PENGELOLAAN PEDAGANG KAKI LIMA YANG PARTISIPATIF DI KOTA PEKALONGAN Djauhari Djauhari; Nurul Indrawati
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.v1i2.1470

Abstract

The implementation of Act No.32 of 2004 about Local Government gives authority to each region to set up their households through the economic empowerment. One of the local economic development that significantly in contact with the public is with the management of street vendors. Structuring and management of vendors ranging from the provision of public space that does not ignore the rights of other members of society to the preparation of strict regulations should be considered a comprehensive solution including through the use of the right of initiative by members of the the Regional Representatives Council Pekalongan, so it can be known implementations use rights initiative of Parliament as well as the extent of public participation in the legislative drafting process. The method used in this study is a socio-juridical, namely to conduct a review of the legal aspects to know the rules that apply specifically related links use the right of initiative with community participation. Legislative function Legislative Council Pekalongan implementation of the rights owned embodied in the form of local regulations that have been generated. Legislative drafting from the Regional Representatives Council embodies the aspirations of the people against the people's representatives.
PERLINDUNGAN HUKUM PELAUT DI KAPAL INDONESIA BERBASIS NILAI KEADILAN Tri Cahyadi
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.v4i1.1652

Abstract

This paper discusses the legal protection for sailors on Indonesian Ships amid the many problems experienced by Indonesian sailors. The belence between what has been done with the wages received by Indonesian sailors should be felt by Indonesian sailors has not been releazed, where in case of industrial relation disputes so far can not be resolved fairly, especially about the work place that is on the ship with the location always nomaden. Primary data sources were obtained from interviewers with several Indonesia sailors, as well as the secondary data sources of reference related legislation. The results show that many Indonesian sailors who are unaware of the legal certainty/lack of awarness and understanding of sailors about the relevant law or regulation are factors inhibiting implementation in the field. In addition, low discipline inthe management of income to ensure life on the old days.

Page 25 of 45 | Total Record : 449

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