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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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ADVOCATE ASSISTANCE AGAINST WITNESSES TOWARD THE SUSPECTED IN THE INVESTIGATION PROCESS OF CORRUPTION CRIMINAL ACT Alamsyah Bahari
Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i1.4044

Abstract

In order to create a good and transparent criminal justice process so that there is no imbalance between witnesses and law enforcement officials, advocate assistance to witnesses in the investigation process in cases of corruption is necessary because not everyone has mental readiness or knowledge regarding the law in the investigation process. This study aims to provide a complete and clear description of the procedure for examining witnesses who are accused in the process of investigating cases of corruption by authorized institutions and a description of the legal basis for anti-corruption institutions in implementing the prohibition on advocacy assistance to witnesses during the process of investigating criminal cases. corruption. The research method used by researchers is the normative juridical research method. The anomaly in the attitude of the investigator appears when the advocate accompanies a witness who is asked to present it by the reported party or the suspect. Before the examination, the investigator informs the witness that the presence of an Advocate in a witness examination is not obligatory. Advocate witness assistance should also be added to be strictly regulated in the regulations, to prevent unnecessary polemics on this matter. It also includes that the witness has the right to receive a copy of the examination report.
RECONSTRUCTION OF POLITICAL LAW ENFORCEMENT OF MONEY IN ELECTION CHALLENGES BASED ON PROGRESSIVE LAW CASE STUDY IN TEGAL CITY, SEMARANG AND DISTRICT OF PEMALANG imawan imawan
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.v4i2.1745

Abstract

Abstrac tElections, both presidential / vice-presidential elections, legislative bodies both at the center and in the regions until the regional head is colored by money politics, as a way of winning a presidential, legislative body or regional head candidate. A democracy that should be able to choose qualified candidates for leaders, in the presence of dirty practices such as money politics, produces only a leader who is indifferent to the people and corrupt. Law enforcement of money politics continues to be pursued, both in terms of legal substance, legal structure, and legal culture. Progressive law is an alternative politics problem, with the courage of law enforcers in the police, prosecutors, judges and other related institutions to the imposition of criminal and administrative sanctions.
AKIBAT HUKUM HAK MEWARIS ANAK HASIL PERKAWINAN SIRI BERBASIS NILAI KEADILAN Erni Agustina
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.v3i3.1372

Abstract

Siri marriage or marriages underhand still occur in Indonesian society. Unregistered marriage is a marriage conducted in accordance with the religion or belief, just unregistered. Registration of marriage does not determine the validity of the marriage. However, registration of marriage would provide legal certainty for the husband, wife and child from the marriage. The child of a valid marriage would get their rights, including inheritance rights. Different with the children of the siri marriage, which did not obtain their rights.
RECONSTRUCTION REGULATION OF AUTHORITY OF LEGISLATIVE MEMBER IN PREVENTING CRIMINAL CRIMINAL ACCOUNT BASED ON JUSTICE VALUES wandi subroto
Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i3.2330

Abstract

The House of Representatives is a central legislative body that represents the people in parliament. The authority of each legislative member and as an institution has been regulated by legislation. The authority of the House of Representatives as an institution is huge, and the great power tends to be misused, such as committing a criminal act of corruption. Corruption is a crime that is very detrimental to the state's finances and hinders the government to prosper its people, then a justice-based arrangement is needed to prevent corruption within The House of Repre-sentatives as a legislative body.
PERANAN DAN KEDUDUKAN TENTARA NASIONAL INDONESIA (TNI) DI DALAM RANCANGAN UNDANG-UNDANG KEAMANAN 102 NASIONAL DI TINJAU DARI PERSPEKTIF POLITIK HUKUM DI INDONESIA Munsharif Abdul Chalim; Faisal Farhan
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.v2i1.1419

Abstract

The formation of the armed forces in modern States intended to protect and defend the sovereignty of the State and the Nation State. But in reality, there are some inherent in expanding the role of the armed forces. The research method using normative juridical approach with The data collection methods focus on literature study materials secondary law. The results obtained are 1) The nature of national security are all efforts quickly, gradual and integrated by empowering all national forces to create security and stability through a system of national security, national security objectives, aims to create a safe condition of the nation and the Unitary State of the Republic of Indonesia physically and psychic each individual citizen, the people, the government and the State, in order to protect national interests, and delivery functions of national security is to: Establish, maintain, and develop a system of national security as a comprehensive, integrated, focused and realize all areasof national jurisdiction as a unified national security. 2) Politics of law contained in the preparation of a draft law of national security The main objective is to realize a safe condition of the nation and the State unitary Republic of Indonesia physically and psychologically every individual citizen, the people, the government and the State, in order to protect national interests.
LEGAL ASPECT PROTECTION ON ONLINE SHOP OF THE THIRD PARTY (Study at CV. Mekar Jaya Persada-The Largest Online Shop in Demak www.Shopee.co.id) Hartono, Kami; Lestari, Diyda Puji
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.v5i1.3003

Abstract

Technological development nowadays is very fast is a communication technology, which presents a wide selection of forms of technology and sophistication. As a result of the very rapid technological developments such, gradu ally with its own information technology has changed the human life globally in terms of buying and selling online about how the law is not loaded or is described in the statute books of the civil law. So with the development of the sale require the creati on of new legal rules. Online shop in Indonesia today has a lot of users ranging from social media to the online shop of mobile application software - based online shop. The method used is the juridical methods of sociology with emphasis on law is not only s een as regulations or rules, but also includes the operation of law in society , Research shows that buying and selling Legal Aspects Protection on Online Shop with third parties who do online marketplace of Shopee using an escrow service
KONSTRUKSI HUKUM LEMBAGA PENYELENGGARA PEMILIHAN UMUM DI INDONESIA DITINJAU DARI TEORI STUFENBAU Haryanti, Dewi
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.v2i2.1437

Abstract

The organizers of the elections are the institutions that hold elections. While the general election (hereinafter abbreviated as the election) is a means to realize the sovereignty of thepeople in the government of the Unitary State of the Republic of Indonesia in order to produce a democratic state government based on Pancasila and the 1945 Constitution of the State ofthe Republic of Indonesia.Election organizers are institutions that organize elections consisting of KPU, Bawaslu and DKPP which is a unified function of the election. The juridical basis for the establishment ofelection organizers is Pancasila, the 1945 Constitution of the Republic of Indonesia and the Law on Election Organizer. Furthermore, it is technically regulated through election management regulations such as PKPU,Perbawaslu, and DKPP Regulations. And other more technical provisions set forth in the Decision of the General Election Organizer and the Circulars.The appropriate legal theory for the establishment of election organizers is Stufenbau Theory which states that the legal systemis a tiered system of rules where the lowest legal norms should  cling to higher legal norms, and the supreme law should cling to the most legal norms Fundamental (grundnorm). This can be seen from the juridical basis of the formation of electionorganizers are Pancasila as grundnormnya, the 1945 Constitution of NRI as its constitution, and the Law on election organizers.
THE ESTABLISHMENT OF GEOGRAPHICAL INDICATION PROTECTION COMMUNITY (GIPC) AS A LEGAL PROTECTION MSME’S PRODUCTS Triyono Adi Saputro; Yudho Taruna Muryanto; Suraji Suraji
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.v8i3.16320

Abstract

A geographical indication is a part of intellectual property rights (IPR), which plays an important role in international trade as a magnet for consumers for MSMEs' products. However, the geographical indication is still underestimated by MSME players; and therefore, this issue requires further attention and analysis as the efforts to study the essence and urgency of the Geographical Indication Protection Community (GIPC) in supporting the realization of legal protection in regencies and cities throughout Indonesia. To support the investigation process, a case-based approach is required with primary and secondary research material sources through literature studies that correlate with business actors, rule of law and government. This study is doctrinal or normative research with qualitative data analysis. Efforts to establish Geographical Indication Protection Community (GIPC) are significant in assisting local MSME players to register legal protection through geographical indications and bridge local MSME players, local government, and stakeholders in sharing resources or information that can increase product competitiveness in regencies and cities in Indonesia on both national and international market scales.
NOTARY AUTHORITY IN MAKING AUTHENTIC DEEDS REGARDING COPYRIGHT R. July Moertiono; Adi Mansar
Jurnal Pembaharuan Hukum Vol 9, No 1 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i1.19996

Abstract

The issue of notary authority in the creation of authentic deeds regarding copyright since the authority of DJKI to directly record copyright. However, in the framework of copyright protection, an authentic notary deed is required to give validity to the copyright. The research method used is normative juridical. The results showed that in the Notary Copyright Act is also authorized to make authentic deeds of the copyright field in order to protect copyright works that will then be recorded to DJKI. In the HCAct, notaries have the authority to make authentic deeds of transfer over copyright. Transfer of copyright can be done from the copyright owner to another designated party. However, this transfer does not necessarily get all exclusive rights from the copyright owner. The designated party in the transfer can only get economic rights only. The moral rights to the intellectual property remain owned by the copyright owner. Although in the Act the transfer of copyright is done clearly and in writing either with or without a notary deed, it should be equipped with an authentic deed from a notary. This is based, this transfer of copyright is closely related to the transfer of economic rights, so it takes a deed that has strong legal evidentiary power.
THE COMPARISON OF LEGAL DAMAGES FOR COPYRIGHT & BRAND INFRINGEMENT AMONG INDONESIA-CHINA LAWS Heri Gunawan; Joni Emirzon; Muhammad Syaifuddin
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.v8i3.17482

Abstract

Intellectual Property Rights or what is often abbreviated as HAKI is a legal protection given by a certain country to a person or group of individuals who express their ideas in the form of works. This law is a state territory. This means that a work will only be protected by rights in the country where the work originated to obtain IPR. As stated in the Copyright Laws, Intellectual Property Rights are exclusive rights granted by a regulation to a person or group of people for their copyrighted works. This protected work is in the form of intangible objects such as copyrights, patents, and trademarks and tangible objects in the form of information, technology, literature, art, skills, science, and so on. The idea of compensation law for copyright and trademark infringement in Indonesia, of course, can imitate the copyright law and trademark law of the People's Republic of China in regulating more clearly the calculation of the value of losses for copyright and trademark infringement in order to be able to provide legal certainty for the owner / rights holders whose rights have been violated. The research use normative juridical approach. The purpose of writing is to analyze and explain the calculation of compensation by looking at the criteria, evidence, basis, form and formulation of calculating compensation for copyright and trademark infringement. The results of the study stated that the law for compensation that arises as a result of copyright and trademark infringement according to positive law in Indonesia still does not regulate in detail the calculation of the value of the loss of both copyrights and trademarks. Copyright Act No.28 of 2014 and Trademark Act No.20 of 2016 only gives rights to the right owner/right holder to file a claim for compensation, but the law does not regulate how to determine the value of the loss for a copyright infringement as well as brands.

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