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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
Analisis Yuridis Normatif dan Hukum Islam Terhadap Putusan Mahkamah Konstitusi Nomor 30-74/PUU-XII/2014 Tentang Batas Usia Perkawinan Anak (Perempuan) Hasanain Haikal
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i3.1363

Abstract

Islam knows no age limits, the foundation in this case is strong enough for the Prophet of Islam himself married Siti Aisyah at the age of 6 years. so from the point of view of Islamic law looks no gap. but Islam does not stress if the condition is in a state of emergency can be changed law will follow the situation. The Court rejected the applicant's judicial review, the Court assesses the applicant's argument is groundless and rejected applicants for all. Judges consider that the need for an age limit for women in particular adapted to many aspects, such as health, social, cultural, and economic. In fact, there is no guarantee an increase in the age limit for women to marry from 15 to 18 years would reduce the divorce rate, tackling health problems, as well as other social issues. To prevent child marriage is a big issue, according to the Court not only by the limitations of age alone. There is a possibility, if it is based on various aspects of the development of social economy, culture, and technology, 18 years of age can be lower or even higher.
NAWACITA AND THE LAW ENFORCEMENT OF CIVIL STATE APPARATUS IN CONSTITUTIONAL LAW PERSPECTIVES IN INDONESIA jawade hafidz
Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i2.1936

Abstract

“Nawacita” and Constitutional Law needs to be a legal approach to make improvements to the legal system, in order to encourage enforcement of the law with justice, then at least have to involve three pillars consisting of: (1) the substantive law (legal substance), which include legislative reform; (2) legal structure (law structure), including human resources law-enforcement officers (human resource), entered in it anyway coordination among law enforcement officers; and (3) the legal culture (legal culture), both culture and public law enforcement officers or citizens in general.Then, constitutional law and can be answered correctly, can be practiced within their Constitutional Act and may be unenforceable government in running the government. The key factor to keep in mind is eliminating ego-sectoral government agencies. Do not stop until the Act, a similar effort was also made to the laws which are in the executive area, such as government regulations, a presidential decree and ministerial regulation
PENEGAKAN HUKUM PERLINDUNGAN KONSUMEN SEBAGAI UPAYA PENINGKATAN MUTU PRODUKSI NASIONAL Ali Mansyur; Irsan Rahman
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i1.1411

Abstract

As the Consumer Protection Law Enforcement Effort for Quality Improvement National Production outlines that globalization opens free market requires businesses to compete on a competitive basis from the galloping pace of international business competition. Opportunities entry of goods importedfrom abroad should be able to be supported by regulations to safeguard the rights of consumers and businesses nationwide are required to produce a quality prodak capable of fulfilling the rights of consumers and be able to compete competitively in the global market. The research method using normative juridical approach with The data collection methods focus on literature study materials secondary law. research shows that the production quality standardization aims to improve consumerprotection and to realize smooth trade and a healthy business climate, embody the fulfillment of the rights of consumers, and improve the quality of prodak grade; The next responsibility of businesses in ensuring the quality of the production is to provide the fulfillment of the rights of consumers, the conception of the activities prohibited to businesses in the form of regulations to not produce harmful products and are not qualified, and quality standardization efforts of national production; whereasconsumer protection law enforcement efforts in improving the quality of national production is through the efforts of standardizing the quality of production, the preventive consumer protection and dispute settlement, prosecution and sanctioning both on aspects of criminal, civil and administrative.
THE  NOTARY  IN  AUTHORITY’S  MAKING  OF  HYPOTHEEK   Denny Suwondo; Siti Nurdiyah Fauza Tuanaya
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i1.2996

Abstract

Pursuant  to  Article  15  paragraph  (2)  letter  (f)  of   Act  No.   2  of  2014   concerning  Notary,  the   Notary  as  Public  Official  obtain  Attribution  of  powers  in  a  deed  relating  to  land,  including  the   deed  of  the  Power  of  Attorney  Imposing  Mortgage.  This  study  aims  to  know  and  understand  the   authority  of  the  deed  Notary  Power  of  Attorn ey  Imposing  Mortgage.  The  method  used  socio -­ juridical,  which  inductively  began  an  analysis  of  the  legislation  governing  the  Notary  office  and   encumbrance  on  land  and  objects  relating  to  the  ground.  Research  shows  that  the  authorities  in   deed  Notary  Power  o f  Attorney  Imposing  Mortgage  is  based  on  Article  15  (1)  of   Act  No.   4  of   1996  on  Mortgage  of  Land  and  Their  Bodies  Relating  to  dust  and  Article  15  (2)  f  of   Act  No.   2  of   2014  on  the  Amendment  of  Act  30  of  2004  on  Notary.  That  in  practice  the  National  Land   Ag ency  of  the  Republic  of  Indonesia  only  receive  the  Power  of  Attorney  Imposing  Mortgage  in   the  form  of  deed  Land  Deed  Officer.   
JABATAN NOTARIS DI INDONESIA DALAM JERAT LIBERALISASI Bachrudin Bachrudin
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1428

Abstract

The function of Notary Public is as state’s representative in civil cases. The purposes of Notary Public’s figuration in a blueprint are for creating the regularity in law’s relationship. However, there are still liberalization’s phenomenon in practice position of Notary Public, such as “tariff war” and “certificate’s industrialization”. It is a form of “denial” of the respectability, dignity and prestige of Notary Public, which is worried, will pull down the respectability, dignity and prestige of Notary Public and also pull down the respectability and authority of the nationinh erently as the authority giver of Notary Public’s position. The state must give the special attention by applying the values of Pancasila as a unity and comprehensive in act’s regulations of Notary Public and practice position of Notary Public.
LEGAL PROTECTION OF THE DEBTOR CONSTRUCTION COMPLETION OF NONPERFORMING LOANS BY AUCTION OF LIABILITY WARRANTIES Lusia Sulastri
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.v5i2.3009

Abstract

The resolutions of non-performing loans with tendering guarantee Encumbrance Often bring up the resistance of the debtor in the form of Civil Lawsuit filed to the District Court the which is due to the complexity of the auction and Several weaknesses inherent in the Mortgage Law. Issues that will be Examined is the debtor regarding the cause of the resistance and constructing legal protection for the debtor, the which will then be Analyzed by Juridical reasons debtor resistance and constructing legal protection for debtors. Resistance debtor raises the conception of the construction of legal protection to the debtor will be maintained, as well as the Law on Consumer Protection the which regulates legal protection for debtors and Also Provides protection against collateral in the debtor from the arbitrariness of the determination of the limit value by "tendering Crime" in the tendering process the security object security rights. Weakness contained in UUHT and determination of limit values of objects in the tendering process encumbrance Become the subject matter of this study. For it is very important that creditors be cautious in making loans to its customers, in the handling of non-performing loans,
PEMBAHARUAN HUKUM PERJANJIAN SPORTENTERTAINMENT BERBASIS NILAI KEADILAN (Studi Kasus Pada Petinju Profesional di Indonesia) Hananto Prasetyo
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i1.1645

Abstract

This paper aims to examine the weakness that exist in the sportentertainment agreement between professional boxers and current managers. This study is included in the sociological juridicial study due to existence of field activities to find out the real situation in the field. The conceptual framework begins with the emergence of a lack fair sense of the boxer in his profession as an athlete. Primary data source from the interview result plunged into the field with the responses of professional athletes, while the secondary data sources are references related to the title, such as legislation relating to the agreement as well as bibliographic references. While data analysis using content analysis. The results indicate there is still much execution of agreement between professional athletes and managers who harmed the athlete due to lack of understanding of the agreement law
PERLINDUNGAN DESAIN INDUSTRI BAGI UMKM YANG BERKEADILAN SOSIAL Sukarmi Sukarmi
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1350

Abstract

The setting of Industrial Design in Indonesia is the result of transplantation of TRIP’s Agreement and Paris Convention for the Protection of Industrial Property (Paris Convention) the capitalist paradigm. These regulations are difficult to implement optimaly, because of the different of the values   and cultures background. However, due to the juridical and psychological consequences, Indonesia h a s agreed GATT (General Agreement on Tariffs and Trade) and also agreed framework of the GATT/ WTO (World Trade Organization), Indonesia finally ratified through Law No. 7 Year l994. The great hope of Industrial Design Act can be implemented, but the fact the contrary Law No. 31 of 2000 is still not optimal effect mainly by SMEs. It is evident the longer the number of applicants was even more reduced due to the degradation of Creativity and do not meet the values   of social justice. It is prove that the number of applicants was even more reduced due to the degradation of Creativity and do not meet the values of social justice. Alternative step in bridging is done internalization of the values   of Pancasila into the Industrial Design Act as “a spirit or soul” that is expected to provide justice for the designer (SMEs), further, it can development of creativity.
THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE Rr. Dijan Widijowati
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.18777

Abstract

The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.
THE JURIDICAL REVIEW OF LEGAL POWER OF GROSSE DEED AS THE BASIS FOR EXECUTING MORTGAGE EXECUTION AUCTIONS D Djunaedi; Dwi Wahyono; Setyawati Setyawati
Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v8i3.18459

Abstract

One of the executions of the mortgage object is the sale of the mortgage object through a public auction based on the executorial title contained in the Mortgage Certificate. Before the implementation is carried out by the creditor, a permit (fiat) is required by the local district court. The application for an auction for the execution of mortgage rights through a district court is closely related to obstacles, for example, a lawsuit from a third party (derden verzet) who feels he has the right to the object of execution even though it has nothing to do with creditors and debtors. This opposition made the Chief Justice of the District Court unable to grant the request for execution even though the creditor had a mortgage certificate that was encumbered but was forced to examine the relevant evidence in the trial forum to determine whether the resistance was sufficient reason or just a conspiracy with the debtor to delay the execution. Based on this explanation, the author wants to examine the legal force of the Grosse deed as the basis for the implementation of the mortgage execution auction. The type of research in writing scientific papers is a normative legal research type, with a statutory approach and a legal concept analysis approach (Analytical and Conceptual Approach). The sources of legal materials used in writing this scientific paper came from primary legal materials, secondary legal materials, and tertiary legal materials. The legal materials were collected using library research techniques. Then analyzed using description, systematization, evaluation and finally concluded with argumentation technique. The results of this study are expected to provide scientific knowledge for academics, law enforcers, and the public.

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