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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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MODEL FUNGSIONALISASI NILAI-NILAI KEARIFAN LOKAL (LOCAL GENIUS) DALAM KEBIJAKAN HUKUM (LEGAL POLICY) DAERAH DI PROVINSI JAWA TENGAH (Kajian Konstitusional Penguatan Komunitas Adat Sedulur Sikep Pati dalam Pengelolaan SDA & Pelestarian LH) Budiyanto Budiyanto
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1348

Abstract

This study aimed to describe the functional model of the values of local wisdom in the policy area corresponding legal ideals (rechtsideee) of Pancasila. Socio-legal research approach based on constructivism legal paradigm was used to identify the local wisdom Sedulur Sikep and legal policies concerning the construction of Semen Gresik in Sukolilo Pati. The results showed that Sedulur Sikep an indigenous community in the mountains Kendeng who believes that the earth is a biological mother who gives living (hangrungkebi bumi pertiwi), so shall behave harmoniously with its natural surroundings (hamemayu hayuning bawana). Local wisdom of Sedulur Sikep rests on three main values in life (humanity), namely fairness, honesty and truthfulness (propriety) as basis of the rejection of legal policy establishment Semen Gresik in Sukolilo Pati. Therefore, the legal policy areas should be able to accommodate the values of local genius in order to give recognition, respect and protection of the whole of the community customary law in the legal system of the country. The study recommends the concept of “The Law-Society Integrative Framework” as a model for the functionalization of the values of local genius in legal policy areas in the field of natural resource management and environmental conservation. This model is the concept of legal policy futuristic reformative legal foundations by considering the values of local genius is still alive, so as to strengthen the fundamentals of democratic economic environment (ecological), nuanced legitimatif democratic, integrative and social recovery function (social recuperation).
LEGAL PROTECTION OF EMPLOYEES / WORKERS WHO EXPERIENCED EMPLOYMENT RELATIONSHIP IMPACT DIGITALIZATION Haingo Rabarijaona; Devina Arifani
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.v7i3.13339

Abstract

This journal describes labor problems that arise as a result of technological advances in the modern era, one of which is due to digitalization. This results in termination of employment by employers to workers even without severance pay. The purpose of this paper is to find out how the law regulates the rights and legal protection of workers who have been laid off. The research method used is the normative legal research method. This method examines law normatively by looking at the law from an internal perspective where the object of research is to use legal norms where there is still a vagueness of norms in legal protection for workers due to layoffs due to the impact of this digitization. The final result of this research is that the rights of workers who are laid off are contained in Article 150 to Article 172 of Act No. 13 of 2003 concerning Manpower. Legal protection for workers / laborers due to the impact of digitization is contained in Article 164 Paragraph (3) of the UUK with legal protection in the form of severance pay, awarding money or service fees during the work period of the worker.
MEDIATION RECONSTRUCTION AS ONE OF THE ALTERNATIVE SETTLEMENT OF GIVING SIDE IN THE COURTS BASED ON JUSTICE VALUES maria sm purba
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.v4i2.1743

Abstract

AbstractMediation is one alternative form of dispute resolution. In the mediation, a win-win solution for the parties is sought. In the settlement of civil cases in the court, prioritized mediation settlement, as stipulated in Perma No. 1 Year 2008. However, the implementation of mediation in court based on Perma No. 1 Year 2008 has not been effective because of obstacles in the implementation of mediation. The constraints must be sought to resolve the efforts by reconstructing the implementation of mediation as an alternative to civil disputes in court that can provide justice for the parties. 
PERLINDUNGAN DAN KEDUDUKAN KORBAN DALAM TINDAK KEKERASAN DALAM RUMAH TANGGA MENURUT UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DI INDONESIA Faisal Khadafi
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.v3i3.1373

Abstract

Law No. 23 of 2004 on the Elimination of Domestic Violence has the aim to prevent and cope with their acts of domestic violence and in law enforcement efforts as well as the principles contained in Law No. 23 of 2004 on the Elimination Domestic violence, namely respect for human rights, justice, and gender equality, non-discrimination, and protection of victims. The enactment of Law No. 23 of 2004 on the Elimination of Domestic Violence, has had an impact extensively on legal protection for victims of violence within families and households in particular, and in society in general.
IMPLEMENTATION RECONSTRUCTION OF SHARING PROFIT AND LOSSES IN MURABAHAH FINANCING IN SHARIA BANK INDONESIA BASED ON ISLAMIC JUSTICE PERSPECTIVE ahmad supriyadi
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.v4i3.2328

Abstract

Sharia Bank is a bank that has a special characteristic in its operations by applying the principles of sharia. It shares the benefits and losses both in fund raising and murabahah financing and in service products. However, in its implementation, Sharia Bank has not yet applied the distribution of profit and loss in murabahah financing based on justice. Sharia Bank in finance products apply a lot of buying and selling principles of murabahah, which means the practice is the same as interest in conventional Banks. Murabahah financing implementation illustrates a severe problem in sharia banking law in Indonesia, it is about injustice.
ANALISIS YURIDIS NORMATIF DAN HUKUM ISLAM TERHADAP PUTUSAN MAHKAMAH KONSTITUSI NOMOR 30-74/PUU-XII/2014 TENTANG BATAS USIA PERKAWINAN ANAK Hasanain Haikal
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.v2i1.1420

Abstract

Islam does not know the age limit, the groundwork in this case is quite strong because Rosul Saw himself married Siti Aisyah at the age of 6 years. So from the standpoint of Islamic law there is no gap. But Islam is not rigid if indeed conditions are in an emergency may be the law will change to follow the circumstances. The Constitutional Court rejected the petition ofthe judicial review, the Court considered the applicant’s argument unreasonable, and declared the petitioner’s refusal to the fullest. The judge considers that the age-specific requirement forwomen is tailored to many aspects, such as health, social, culture, and economics. In fact, there is no guarantee that raising the marriage age limit for women from 15 to 18 years will reduce the rate of divorce, tackling health problems, as well as other social issues. To prevent child marriage that caused many problems, according to the Court not only with the age limit alone. It is also possible that, based on various aspects of socioeconomic, cultural, and technological development, the age of 18 may be considered lower or higher.
CONTROL RECONSTRUCTION OF THE HOMELESS CHILDREN AS THE IMPACT OF URBAN DEVELOPMENT IN LAW PERSPECTIVE (A Study in Samarinda) Isnawati Isnawati
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.v5i1.2997

Abstract

Homeless children as a social issue, especially in urban society, in the view of experts and related the organization and departments do not have a uniform similarity of opinion or definition for that matter. In this context, home less children are seen as a social Clearly a social problem that requires an Appropriate methods of settlement in accordance with the expectations of all stakeholders. The research method used a sociological Juridical approach by solving research problems using the data consisting of legal secondary materials or legal regulations used to implement the data to primary data. The results of the research are: 1) Factors that can influence the municipal government in tackling the problems of children who are abo ve the social environmental factors, the Community Culture, the Migration Factor The three factors are the reality that can not be avoided by the city g o v e r n m e n t t h a t will c a u s e t h e c hild homeless children in Samarinda City. 2) The legal Efforts undertaken by the municipality in a different context from the development undertaken by the Samarinda City Regulation No. 16 of 2002 are not yet applicable, with the improvement of the Samarinda City Regulation No. 7 of 2017 the which is implemented a development w ith the current realities
SPM KESEHATAN MASAYARAKAT DALAM PENANGGULANGAN BENCANA ALAM SEBAGAI UPAYA PEMENUHAN HAM SESUAI DENGAN UU N0 36 TAHUN 2009 TENTANG KESEHATAN Lalu Mariawan Alfarizi
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.v2i2.1438

Abstract

The disaster problem , requiring an arrangement or planning in handling. So that it can be implemented in a focused and integrated. To provide a clear legal basis for national disaster then, the government has adopted the Law . 24 Year 2007 on disaster management which contains the basic provisions to include pre-disaster disaster management, emergency response and post-disaster. Natural disasters are traditionally seen as situations that pose various challenges and problems , especiallythe nature of humanity. Little attention is given tothe protection of human rights (Human Rights), which should also be present in this particular situation . It is necessary for thestudy of the minimum standard of health care as a natural disaster efforts to comply in accordance with the Human Rights Act 36 of 2009 on Health.The purpose of this study to determine the minimum standard of health care victims of natural disasters in Law No.36 of 2009 on health in accordance with human rights and the implementation of minimum standards of public health services of victims ofnatural disasters in central Lombok associated with Act 36 of 2009 on Health.This riset uses the following research : Methods normative juridical approach, deskriftip analytical nature of the data , secondary data , engineering data collection library. Results it can be concluded that :Minimum standard of health care victims of natural disasters in Act 36 of 2009 onHealth in accordance with the Human Rights and Implementation of a minimum standardof health care communities affected by natural disasters.
The Urgency of Legal Protection to the Trademarks in the Global Era Anis Mashdurohatun; Gunarto Gunarto; Lathifah Hanim
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.v5i3.3373

Abstract

Globalization is nothing but capitalism in its most recent form. Strong and rich countries practically control the world economy and smaller countries are increasingly powerless because they are unable to compete through Intellectual Property Protection including trademarks. The purpose of this research is to examine and to analyze the role of the State in providing legal protection Against trademarks, and factors that influence and formulate their legal protection policies. The approach method in this research is empirical juridical. The data used were primary and secondary data. The results of the research were analyzed analytical descriptively. The results of the study found that the role of the State in providing legal protection for trademarks of business people was not optimal, this was due to several factors including the low understanding of the importance of trademark intellectual property rights protection for businesses and society as consumers. Government policies globally through the Asean Economic Community Blueprint, which contains four main pillars, including the economic competitiveness of Intellectual Property Rights integrated with the global economy.
PERLINDUNGAN HUKUM TERHADAP MEREK BATIK DI KOTA PEKALONGAN DALAM MENYONGSONG ASEAN ECONOMIC COMMUNITY 2015 Anis Mashdurohatun; Adriyanto Adriyanto
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.v1i2.1463

Abstract

In the facing of the ASEAN Economic Community 2015, the Legal Protection of batik brand in Pekalongan plays a very important and requires a more adequate regulatory system. Free trade globalization can only be maintained by maintaining a healthy climate for business competition. The demand for legal protection of batik brand is growing rapidly as the number of people who plagiarized brand of batik. One brand that needs to be protected is the batik brand of Pekalongan as the largest industrial centers of batik in Indonesia. The methods of This research uses empirical juridical approach to the specification of descriptive analytical study which the author tries to explain the preparation of  batik pekalongan society Towards the ASEAN Economic Community in 2015. So far if there is a dispute in the brand of batik fairly resolved peacefully and families, but in the case of infringement of trademark of batik, then the holder of legitimate trademark rights can be conduct civil or criminal action lawsuit to court, or can be resolve by arbitration as an alternative, such as regulated in Act No. 30 of 1999 on Arbitration and alternative dispute resolution.

Page 3 of 45 | Total Record : 449

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