cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota semarang,
Jawa tengah
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
 25   26   27   28   29 
CRIMINAL LAW FUNCTIONALIZATION OF KIDNEY TRAFFICKING FOR TRANSPLANT PURPOSES Trini Handayani
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.v8i3.13389

Abstract

Kidney transplant is a complete therapy for people with terminal renal failure. The number of cases of terminal renal failure was not proportional to the available donors. Due to the lack of kidney donors, some people take advantage of this opportunity by commercializing their kidneys. In Indonesia's laws and regulations, it is clear that there is a prohibition on the trafficking of organs and or tissues for transplant purposes. Until now, cases of buying and selling of body organs or tissues have never reached the Court. Therefore, it is necessary to formulate a formulation regulating legal protection for all parties concerned. This article aims to analyze the criminal law's functionalization against the trafficking of kidneys for transplant purposes. The research was carried out with a normative juridical approach in a formulated policy structure, namely reviewing and analyzing regulations both in the Criminal Code including the draft criminal law 2005 as an ius constituendum and outside the Criminal Code, specifically regarding the regulation of trade in organs or tissues for transplant purposes. The result of this research is the functionalization of criminal law in the implementation of kidney trade to benefit transplants. Criminal law enforcement is to make criminal law functioned by legally processing the facts of organ trafficking in the field. This repressive action is intended to create a deterrent effect and is a long-term preventive measure so that it is hoped that there will be no more cases of trafficking in organs in the future. It is necessary to understand that the threat of punishment must remain an ultimum remedium, and is enforced if social control is not yet effective.
LEGAL PROTECTION OF LABOR RIGHTS DURING THE CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC Sholahuddin Al-Fatih; Fachry Ahsany; Ahmad Faiz Alamsyah
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.v7i2.10975

Abstract

Since the Coronavirus Disease 2019 (Covid-19) pandemic in Indonesia, which continues to grow and has an impact, not a few companies have gone bankrupt. Whether it's a small company, a medium-sized company or even a large corporation are affected by the Coronavirus Disease 2019 (Covid-19). This paper aims to find legal issues on labor right during Covid-19 pandemic in Indonesia. Using the normative legal research, this paper analyzess some of regulation and legal government act to protect labor right who terminated (Pemutusan Hubungan Kerja/PHK) during Covid-19 pandemic. In the end, this paper finds that the government issued two program to solve PHK and protect labor rights, namely Pre-Works Card and Cash Incentive Program (Bantuan Langsung Tunai/BLT). It actively helps employee to create a new job and continue their daily life.
THE LEGAL STRENGTHENING IN OUR EXISTENCE INDONESIAN LAW CONSTRUCTION Rakhmat Bowo Suharto
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.v7i3.13580

Abstract

The concept of nationality which has been formalized juridically in the Constitution of the State and the State Constitution, is not free from examination. Starting from rebellions based on ethnicity, religion, and political ideology, the nation has experienced. The approach method uses a normative juridical approach. The approach taken to find solutions to problems of legal problems that arise is to use a statutory approach. The results of the research achieved include strengthening the law as a means as a legal system that overcomes the entire existing local legal system, the Indonesian legal system has put in place various integrating tools which are at the same time a national identity that supports pluralism in the building of the Republic of Indonesia. Law has played an important role so that the existence of the Republic of Indonesia is protected from division. The purpose of maintaining unity in order to maintain the existence of the Republic of Indonesia, the law needs to be strengthened by conducting a paradigmatic evaluation of existing legal constructs.
LEGAL IMPLICATIONS OF REGULATORY PROVISIONS ARTICLE 10 VERSE (5) LAW NO. 46 OF 2009 CONCERNING THE CORRUPTION CRIMINAL COURT Ahmad Fauzi; Abdul Madjid; Nurini Aprilianda; Prija Djatmika
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.v7i3.12937

Abstract

The corruption criminal court is an institution that is given the authority to examine and decide corruption cases. The purpose of this study was to determine the juridical implications of the principle of the independence of the judicial power. This study uses a normative approach with quantitative analysis. The existence of a corruption court established on judicial power states that a special court can only be formed by a separate law. Then the corruption court is an institution that has the authority to examine and decide corruption cases. In its implementation, the composition of judges in the corruption court is divided into two, namely career judges and ad hoc judges. In its implementation, there are several things in the legislation that are contrary to the principle of independence of judicial power and violate the principle of freedom of judicial power, especially for ad hoc judges in the criminal court of corruption.
SMALL CLAIM COURT : PRINCIPLE CONCRETIZATION IN LAWSUIT SETTLEMENT Peni Rinda
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.v8i3.18493

Abstract

The purpose of this research is to examine the provisions of civil procedural law in settling a lawsuit, to know the form of simple, fast, and low-cost concretization in simple lawsuit settlement. The research method uses the research object of simple, fast, and low-cost concretization in the settlement of a simple claim, normative juridical approach, the type of data used in this study is secondary data, which is sourced from the literature. Secondary data consists of primary legal materials, secondary legal materials, legal material collection techniques carried out by literature and the internet, while the data analysis method is analyzed descriptively qualitatively. The results show that the provisions of civil procedural law in resolving claims in court so far have been using the basis of HIR, which do not differentiate between complicated and simple case examinations so that the time for settlement is the same. The process starting from submitting/registering a lawsuit, determining the day of trial by the head of the panel of judges, the parties being summoned appropriately, the trial, evidence to the verdict took a long time, namely 6 months (SUPREME COURT CIRCULAR No. 6 of 1992), so the Supreme Court issued SUPREME COURT CIRCULAR No. 2 of 2014 which provides a time limit for completing the case of five (5) months. The simple, fast, and low-cost principles of concretizing a small claim court can be seen in the settlement stage. Settlement of a simple lawsuit is divided into 4 (four) stages, namely: 1), preliminary stage, 2) stage of case examination, 3). The objection request stage and 4), the simple action decision stage. This simple lawsuit settlement process should take a maximum of 25 (twenty-five) days. The simple principle is embodied in the shortened settlement process mechanism, the fast principle is realized within 25 days of completion, a peace that does not use the provisions of Supreme Court rules No.1 of 2016, while the principle of low cost is realized from a simple settlement mechanism, will be affected by the cost of the case.
DISCOURSE ON THE IMPLEMENTATION OF PROGRESSIVE LAW IN RECOVERING STATE LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION Yopi Gunawan
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.v8i3.15473

Abstract

The number of corruption cases in Indonesia that are not appropriately resolved is the cause of the emergence of progressive laws. Public trust in the law began to fade because the applicable law did not determine many problems. The law is not seen as a solution provider, and it becomes a particular problem for law enforcement. This article aims to analyze the concept of recovering state losses due to corruption through the implementation of progressive law. The method used is normative legal research using a qualitative approach. This article concludes that progressive law enforcement to eradicate criminal acts of corruption lies in harmonizing the values contained in society and then realizing those values into reality, where their application is influenced by several factors, including legal substance, legal structure, culture law, professionalism, and leadership. The development of the modus operandi of corruption in hiding assets resulting from corruption encourages the urgency of implementing a progressive law enforcement strategy by implementing 2 (two) strategic steps, namely: a) Taking rule-breaking actions in the form of seizure of the defendant's assets to guarantee payment of state losses; b) The judge gives a contra legem decision in the form of an obligation to pay replacement money without a subsidiary which is preceded by confiscation of the guarantee so that it will close the defendant's room to escape from paying replacement money
REHABILITATION OF DRUG USERS IN DIGNITY’S JUSTICE PERSPECTIVE Bambang Setiawan
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.v5i3.3546

Abstract

Drugs is a dangerous threat for all people, in addition to the transnational, an increase in drug-related crime is fairly significant. Rehabilitation is one of the efforts to combat drugrelated crimes. However, research shows drug rehabilitation policies for drug users normatively still centrally to law enforcement. In practice, law enforcement still do not understand the philosophy of rehabilitation and prone to the Corruption, Collusion and Nepotism. As a way out, dignified Justice concept is offered to drug users for at humanity. Referring to one of the values of Pancasila, namely, democracy permusywaratan practiced in customary justice. Policy toward drug rehabilitation should involve drug users to help determine period in the future.
PROBLEMATIKA PENEGAKAN HUKUM PERPAJAKAN (KAJIAN TINDAK PIDANA EKONOMI BIDANG MAFIA DAN KORUPSI PERPAJAKAN) Lamijan Lamijan
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i1.1467

Abstract

More than 60 percent of state revenue derived from the tax sector, but the leak is still very large tax revenues due to the tax mafia and corruption happens everywhere. There are two issues that are discussed in this paper, namely: (1) What are the factors that led to the case of mafia and corruption in taxation difficult to convey? (2) How does the application of policies and formulation of laws that should be done so that the tax mafia and corruption can be eradicated? These two issues are solved using empirical data obtained through the study of documents. The results discussion shows the following findings. That the factors that led to the case of mafia and corruption in taxation difficult to express can be seen from three aspects. First, a substantial aspect, namely the weakness contents of legislation. Most of the legislation that was passed by the government to provide space and opportunities to tax officials for corruption and extortion in order to enrich himself and his colleagues. Second, structural aspects, namely the bureaucratic structure of taxation institutions that do not transparent, thus allowing tax officials do mafia and corruption that tax money should be paid into the state treasury. Tax justice system handledinternally by the institutions have encouraged the proliferation of tax mafia and corruption tax. Third, cultural aspects, namely the lack of honesty in the values of social life.
LEGAL PROTECTION AGAINST INDONESIAN WORKERS (TKI) IN ABROAD Yaya Kareng; Sri Yulianingsih
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i1.4369

Abstract

Protection of migrant workers is all the effort the protection of the interests of prospective workers / migrant workers in realizing the fulfillment of their rights in accordance with the legislation, both before, during, and after work. Protection of migrant workers organized in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) 1990. In addition there are other international conventions. While the protection of migrant workers is regulated in Act No. 39/2004 on the Placement and Protection of Indonesian Workers Abroad, but this law is more concerned with procedural and procedures for the placement of workers abroad, and only slightly regulate the rights and guarantees the protection of the rights of migrant workers and members of their families. Besides the protection of migrant workers by the government based on the country's constitution, as done by the Department of Foreign Affairs (MOFA) RI. Keywords: Foreign Affairs;
REKONSTRUKSI PEMIDANAAN DALAM HUKUM PIDANA ISLAM (PERSPEKTIF FILSAFAT HUKUM) Ahmad Syafiq
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.v1i2.1484

Abstract

Islamic Criminal Law is a living law in Indonesia, and that the Islamic Criminal Law be enacted or coloring in the criminal law in Indonesia, hence the need for a reconstruction against Islamic Criminal Law, especially in theories of punishment. Reconstruction of punishment in the Islamic Criminal Law in the perspective of legal philosophy can be done by doing the desecration (reinterpretation of the textual sources of law) Islamic Criminal Law and bring it in line with the flow of human history itself, rather than release it from the dimensions of space and time history of human civilization, to realize the goals of Islamic law is philosophically contained in maqasid al shariah ie benefit or blessing for the universe (rahmatan lil 'alamin).

Page 27 of 45 | Total Record : 449

 25   26   27   28   29 

Filter by Year

2014 2025


Reset
Filter By Issues
All Issue Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum Vol 10, No 1 (2023): Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum Vol 9, No 1 (2022): Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum Vol 8, No 2 (2021): Jurnal Pembaharuan Hukum Vol 8, No 1 (2021): Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum Vol 7, No 2 (2020): Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum More Issue