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.
Articles
449 Documents
<![CDATA[LEGAL PROTECTION OF INDONESIAN LABOR IN MANAGEMENT OF HOUSEHOLD OVERSEAS ]]>
<![CDATA[Arpangi Arpangi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i3.9302
<![CDATA[Protection of Indonesian Migrant Workers abroad is regulated in Act number 18 of 2017 concerning the Protection of Indonesian Migrant Workers. Many Indonesian workers work abroad due to the explosion of a very high population, which triggers very high unemployment. This research uses library research (qualitative research) and is a qualitative, descriptive analysis. Literature research, which examines the number of literature relevant to the problem of this writing. Data analysis used in this study is descriptive qualitative by analyzing data/information obtained through descriptive research with library research which is then systematically compiled and described qualitatively. Suggestions that can be delivered related to legal protection according to Law No.18 of 2017 is to increase the guidance and counseling for Indonesian Migrant Workers who will work so that the Indonesian Migrant Workers are ready to be deployed. Based on article 88 of Law No. 18 of 2017 then the government should create a body as mandated by Law No. 18 of 2017 so that the protection of Indonesian Migrant Workers abroad can run effectively]]>
<![CDATA[MODEL PERLINDUNGAN PREVENTIF BAGI KONSUMEN ONLINESHOP MELALUI KETERBUKAAN INFORMASI ]]>
<![CDATA[Ukie Tukinah]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v2i3.1502
<![CDATA[Increasingly popular activity online transactions conducted in the era of technological sophistication, because it has many advantages that can reduce the cost of sale and also enable consumers to shop. However, there are drawbacks of online transactions, the absence of a meeting between businessmen and consumers and the limited access of consumers to examine and see first hand the goods to be purchased. This weakness that has not been optimally accommodated by the government where there are still gaps violations of consumer rights. The study analyzes the normative connectedness online entrepreneurs get their business license legality with consumer protection. But in the licensing business licensing are not regulated marketing system through online media (Onlineshop), but quite the online transaction activity has great potential cause pencideraan the rights of consumers. The results of this study indicate that there are no special arrangements for the business registration mechanism onlineshop and lack of public access to information related to the existence of businesses onlineshop. Thereby consumer protection model that made the researcher is a form of standardization of the provisions of indicators: (1) locus; (2) tempus; (3) the subject of law; (4) the type of products sold; (5) the type of marketing; (6) the necessity of special licenses for businesses that perform online marketing; and (7) should be no public disclosure of information so as to materialize. Standardization of this provision shall be submitted to the central government to be made a joint regulation of communications and information minister and trade minister.]]>
<![CDATA[RECONSTRUCTION OF SCIENTIFIC INVESTIGATION IN INDONESIA ]]>
<![CDATA[Teguh Prihmono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v5i2.3139
<![CDATA[The purpose of this study is to analyze the process of scientific investigation, the empowerment of scientific investigation by investigators, obstacles faced and finding scientific investigation based ideal of justice. This study uses empirical juridical approach that is related to the professional investigators and forensic laboratory examiner in conducting scientific investigations, also used a qualitative approach of the source of primary data and secondary data, then analyzed diskriftif with sestematika sentence further discussion is concluded. The problem is analyzed with proof theory and the theory of legal certainty so that it can be concluded find scientific investigation based on the ideal of justice.]]>
<![CDATA[PERAN DAN FUNGSI DPD RI DALAM RANGKA MENUJU SISTEM BIKAMERAL YANG EFEKTIF MELALUI AMANDEMEN UUD 1945 KE-5 ]]>
<![CDATA[Wahyu Widodo]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v1i2.1462
<![CDATA[An important aspect in the process of Indonesia's transition to democracy is in the field of constitutional reforms set out in the 1945 Constitution amendment One of the important change is in the form of a new state agency called the Regional Representative Council (DPD). Since the amendment, Indonesian parliamentary system has changed from a system of unicameral to a bicameral system. Manifestations of this institution has awakened hope that the local community problems of the region can be fought at the national level. However, if the note functions, powers and duties set out in Article 22 D the 1945 Constitution and Act 22 of 2003 concerning the composition and position of the MPR, Parliament, DPD and local parliament, then raised a lot of assumptions that are functions of the Regional Representative Council can represent regional interests. DPD is not only serves as a counseling board autonomy, does not serve as the country's legislature adopts a bicameral. Amendments to the Constitution of 1945 is the main road to strengthen the position of this institution as the legislature to assist the Parliament.]]>
<![CDATA[LEGAL PROTECTION AGAINST DEPOSITORS' CUSTOMERS WITH MUDHARABAH CONTRACT ON ISLAMIC BANKS ]]>
<![CDATA[Elvira Fitriyani Pakpahan]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i1.4673
<![CDATA[Deposit type most often used by Islamic Bank in collecting funds from the public is revshare system (mudharabah) where the customer is acting as an investor and profit from business carried on by the bank. But in practice mudharabah can also loss caused by managers (Banks) in running the business. The problem in this research is how the legal protection of depositors with mudharabah in Islamic banks. With normative juridical research method and approach to literature. Results of the study stated that the legal protection of depositors in Islamic banking are protected by rules that are already fairly well from the Financial Services Authority and the Institute of deposit insurance, even the rules better than protection applied to customers of conventional banks. LPS in Regulation 2 of 2010 Article 44 stated that the interest rate is considered reasonable set LPS does not apply in determining the status of the deposit guarantee to deposits based on Islamic principles because Islamic Bank using revshare principle in operation. ]]>
<![CDATA[IMPLIKASI DISPENSASI PERKAWINAN TERHADAP EKSISTENSI RUMAH TANGGA DI PENGADILAN AGAMA SEMARANG ]]>
<![CDATA[HM Mawardi Muzzamil]]>;
<![CDATA[Muhammad Muhammad Kunardi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v1i2.1479
<![CDATA[One of the requirements is the age of marriage the bride, the groom reaches the age of 19 years and the woman has reached the age of 16 years. The age limit is to maintain the health of spouses and offspring. If the prospective bride marriage age limit is not sufficient, it must be granted a dispensation from religious court. This marriage dispensation will bring legal consequences for the parties and the implications of the existence of households bride, considering marriage performed by the bride who has not been physically and psychologically mature. The approach used in this study is a socio-juridical. Specifications of this research is descriptive analysis. The results of this study indicate that the arguments raised in the petition in the Religious marriage dispensation Semarang are fears of acts prohibited by religion and the future wife was pregnant. Basic considerations judge in giving marriage dispensation in the Religious Semarang is the provision of Article 7 paragraph (2) of Law No. 1 of 1974. The implications of marriage dispensation in Semarang religious court of the existence of the household is underage marriage causes of conflict in the household lead to divorce, other than that the cause of death in babies born to mothers or because of the lack of physical maturity of the female.]]>
<![CDATA[RE-ACTUALIZATION OF PANCASILA VALUES ON LAW ESTABLISHMENT IN THE ECONOMIC GLOBALIZATION ERA ]]>
<![CDATA[Ninuk Triyanti]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v6i2.8721
<![CDATA[Economic globalization which is characterized by the strengthening of capitalist liberalism greatly influences the legal order in Indonesia, so that much national legislation is found in the economic field that is loaded with capitalist liberals that do not reflect the values of the Pancasila. This research is intended to explain the importance of re-actualizing the Pancasila values and how to re-actualize the Pancasila values in the formation of laws in the economic field. The results showed that the re-actualization of the values of Pancasila n the formation of laws was an important requirement and as a means to achieve the goals of the country, namely to realize the welfare of the people. The method of actualizing Pancasila values in the formation of laws is carried out through 4 (four) stages in the process of forming laws, namely through the stages of planning the law, the stage of drafting the bill, the stage of discussion of the bill and the stage of ratification of the bill into law.]]>
<![CDATA[REKONSTRUKSI PENEGAKAN HUKUM TERHADAP PERKARA PIDANA PEMILIHAN UMUM BERBASIS NILAI KEADILAN ]]>
<![CDATA[Ahmad Sulchan]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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<![CDATA[Law enforcement against criminal case elections imposed in order to address the crime of electoral violations. The level of the higher electoral violations seemed to indicate a legal loophole in the Act 8 of 2012 concerning Election, as judged not reflect the sense of justice. This research used juridical sociological issues discussed is closely related to social reality and the real behavior of the man himself. The results obtained (1) that the elections that are administrative violations under the authority of the Commission for settlement, for it contains elements of a criminal offense will be forwarded to the Police of the Republic of Indonesia for its completion, (2) Reconstruction of the settlement law enforcement criminal justice worth elections contained in Article 249 (4) regarding the limitation of time if there is no election violations, Article 249(5) of the 3-month follow-up report after being proven, Article 250 (1.d) regarding criminal acts Election forwarded to the Special Court of election, Article 250 (2) Election forwarded to the Special Court 3 (three) months, and Article 261 paragraph (1), (2), (3), and (4) of the Election Supervisory Body as investigators and prosecutors of Disputed Election which has the authorityto summons Forced, Seizure of Evidence and search of.]]>
<![CDATA[PROBLEM KETIDAKPATUHAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG PENGUJIAN UNDANG-UNDANG ]]>
<![CDATA[Widayati Widayati]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v4i1.1634
<![CDATA[Article 24C Paragraph (1) of the 1945 Constitution of the The Republic of Indonesia authorizes the Constitutional Court to hear at the first and final level the decission of wich of to examine the law againts the Constitution. In the elucidation of Article 10 Paragraph (1) of the law of Constitutional Court, the final decission shall obtain a permanent legal force from the time of speech and no legal remedy can be taken. The final verdict of the Constitutional Court examining the law is immediately applicable, and some require the follow up of the legislators by forming new laws, or amending existing laws. Often, the legislators do not obey the Cosntitutional Court’s decission. Non-compliance can occur because there are not sanctions againts non-compliance, and also the Constitutional Court does not haven an instrumental or execution in charge of ensuring the execution of its verdict. Therefore, efforts are needed to ensure that the Co nstitutional Courtas a judicial institution remains authoritative and is not abandoned by justice seekers.]]>
<![CDATA[TINJAUAN ANALIS ATAS PENGATURAN WILAYAH LANDAS KONTINEN DENGAN BERLAKUNYA KONVENSI HUKUM LAUT PBB 1982 ]]>
<![CDATA[Munsharif Abdul Chalim]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v3i1.1347
<![CDATA[Before the entry into force of UNCLOS 1982, the continental shelf area governed by Article 1 of the Convention IV Geneva Convention on Law of the Sea 1958, which was implemented by Law No. 1 of 1973. The setting through 1958 Geneva Convention on Law of the Sea benefit for the developed countries only that have the advance technology. To be able to realize the regulating of the use of the continental shelf that is equitable, it is necessary to rebuild or reconstruct the form of national law Act No. 1 In 1973 and international law in the form of the Geneva Convention on Law of the Sea 1958. Two things to note in this reconstruction is the reconstruction of value and the reconstruction of law or settings. Although UNCLOS 1982 has been in force, but the status of Indonesian Act No. 1 of 1973 still impose as the implementation of the Geneva Conventions Year 1958. Several agreements with neighboring countries are being held between the years 1969-19972, of course it is very detrimental to the Indonesia Government. Through reconstruction of national law, in this case the Law No. 1 of 1973, adjusted to international law, namely UNCLOS 1982 is expected that the regulating of the utilization of natural resources in the continental shelf of Republic Indonesia can provide a fair arrangement. It is necessary to remember that there is a difference in perception between the Law No. 1 of 1973 with the UNCLOS 1982 in the matter of setting the area of the continental shelf.]]>
