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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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THE CONSTITUTIONAL COURT'S DECISION ON CHILD OUT OF WEDLOCK IS BASED ON JUSTICE Didik Suhariyanto
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.v9i1.20435

Abstract

The aim of this research is to find out and analyze the justice-based review of out-of-wedlock children as a result of the decision of the constitutional court, the implications of the Constitutional Court's decision have provided a new legal breakthrough for the realization of perfecting the legal position of illegitimate children whose regulation. The approach method in this study used a normative juridical approach, the results obtained that The Constitutional Court's decision Number 46/PUU-VIII/2010 has fulfilled the principle of justice, namely the principle of child protection and is an acknowledgment of children's human rights. For children out of wedlock, the Constitutional Court's decision has fulfilled their desire for legal certainty and justice, as well as responding to the subjective sense of injustice that they have felt so far. The decision of the Constitutional Court Number: 46/PUU-VIII/2010 has provided an opportunity for children out of wedlock to be able to obtain law enforcement on the existence of their position as a child due to the marital relationship between their mother and biological father.
CONCEPT OF APPRAISAL INSTITUTIONS IN ASSESSING THE VALUATION OF INTANGIBLE ASSETS ON SMALL MEDIUM ENTERPRISES INTELLECTUAL PROPERTY AS OBJECT OF CREDIT GUARANTEE TO IMPROVE COMMUNITY'S CREATIVE ECONOMY Anis Mashdurohatun; Gunarto Gunarto; Oktavianto Setyo Nugroho
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.v8i3.19791

Abstract

This study aims to analyze the factors that affect the effectiveness of Intangible Assets of Intellectual Property of Small and Medium Enterprises as objects of credit guarantees, and the concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of Small and Medium Enterprises as objects of credit guarantees in order to improve the creative economy of the community. The method used in this research is empirical juridical. The data used are primary data and secondary data. Data collection techniques data collection through library research and field studies (through questionnaires, focus group discussions, and interviews). The results of the study found that the five factors that affect the effectiveness of Intangible Assets intellectual property of Small and Medium Enterprises as objects of credit guarantees are legal factors, law enforcement, infrastructure, society and culture. The legal factor that affects is there is no special legal product for public appraisers of IPR Intangible assets. In the practice, IPR intangible assets have not been accepted by all banks as objects of basic guarantees but only as objects of additional guarantees. It is caused by no trust from the bank toward the value of IPR as basic guarantees, there have been no appraisal institutions, and there is not intellectual property rights market yet, that makes IPR is not commonly used by banks and SMEs as IP owners. The concept of appraisal institutions in assessing the valuation of intangible assets of intellectual property of small and medium businesses as objects of credit guarantees, in order to improve the creative economy of the community, is necessary to form an appraisal agency through the products of laws and regulations. These regulations, among others, regulate the intangible assets of IPR, the purposes and objectives of the IPR assessment, the requirements to become an IPR appraiser, the function and authority of IPR assessment, the valuation method used, and so on.
THE CORPORATE CRIMINAL LIABILITY IN THE MANAGEMENT OF OIL PALM PLANTATION LAND Nur Afita; Hartiwiningsih Hartiwiningsih
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.v9i1.20492

Abstract

This study aims to analyze the form of criminal liability against corporations in the management of oil palm plantation land, especially in West Kalimantan province. Therefore, the corporation as an entity in its development is capable of committing acts against the law such as in the management of oil palm plantations. However, the actual form of criminal liability often contains anomalies in it, especially in the Province of West Kalimantan. This research is empirical legal research or a prescriptive sociological legal research using a statutory approach, and case approach. Analyze what are the obstacles in delegating criminal responsibility to corporations in the field of oil palm plantation land management. The results study show that the form of criminal liability against corporations in the management of oil palm plantations is a criminal fine that can be represented by a senior officer in court. Second, obstacles in delegating responsibility to corporations are caused by several factors, namely (1) the formulation (2) the application (3) the execution.
THE DIGNIFIED JUSTICE PERSPECTIVES ON THE ENIGMA OF HEALTH PROTOCOLS COVID-19 AS A CODE OF ETHICS Ermanto Fahamsyah; Fradhana Putra Disantara
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.v9i1.17413

Abstract

Ethics and law are often related to politics, not least in the Regional Head Election (Pemilukada). However, the implementation of legal and ethical relations in political dynamics is often a matter of debate, not a code of ethics. The purpose of this study is to examine aspects of the relationship between ethics and politics in terms of legal compliance, providing a study of the validity of the COVID-19 Health protocol as a code of ethics at regional head elections from the perspective of dignified justice. This legal research uses primary and secondary legal materials with a conceptual and statutory approach. The results of the study stated that from the point of view of legal compliance, the code of ethics is an element that should be applied in political life; because the code of ethics will encourage the participants of the Pemilukada to have three main characteristics, namely compliance, identification, and internalization. Then, the perspective of dignified justice assesses the position of the COVID-19 health protocol as a code of ethics as valid and relevant to legal practice, the concept of legal reform, and the general idea of the theory of dignified justice.
THE LAW ENFORCEMENT AGAINST NARCOTICS CRIMINAL ACTIONS WHO SHOULD BE ON REHABILITATION Bambang Tri Bawono; Gunarto Gunarto
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.v9i1.20536

Abstract

The purpose of this study was to determine and analyze the process of law enforcement for narcotics crimes and the legal basis used as a reference for rehabilitation. The approach method used in this research is a sociological juridical approach. Criminal sanctions related to the five criminal acts above also have different consequences, depending on the type of narcotic class used. Criminal provisions regarding narcotics criminals possessing, storing, controlling or providing narcotics are regulated in Article 112, Article 117, and Article 122 of Act No. 35 of 2009 concerning Narcotics. In addition to the law prohibiting possessing, storing, controlling or providing narcotics, the Narcotics Law also explicitly regulates the prohibition of producing, importing, exporting, or distributing narcotics. The prohibition is regulated in Article 113, Article 118, and Article 123 of Act No. 35 of 2009 concerning Narcotics. The results of this study indicate that the process of law enforcement against narcotics crimes is carried out through investigation, prosecution, and examination in court. While the legal basis used by judges to rehabilitate narcotics criminals is: Supreme Court Circular No. 4 of 2010 concerning Placement of Victims of Abuse and Narcotics Addicts in Medical Rehabilitation and Social Rehabilitation Institutions.
PANCASILA ECONOMIC SYSTEM A LEGAL REFORM IN GLOBALIZATION ERA Bina Era Dany; Teuku Daudsyah
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.v9i1.19971

Abstract

Pancasila is the source of all legal sources that form the basis for the implementation of the economic system in Indonesia. The purpose of this study is to find out and analyze the economic legal system based on Pancasila which is the basis of the nation's ideology and the basic norms of the Indonesian nation in the era of globalization. the research method uses a normative juridical approach. The results of the study state that the renewal of economic law in Indonesia must be directed to create people's welfare, by relying on the values of Pancasila as the philosophy and way of life of the nation which becomes the guideline in the implementation of every aspect of the life of the nation, state and society. Pancasila contains the principle of gotong royong, and that is actually the core of the renewal of economic law which places mutual cooperation as a value that must be realized in the formulation of laws and regulations which then become the basis for realizing social welfare. 
THE COMPARISON OF RECALL RIGHT OR AN INTER-TIME IMPEACHMENT MECHANISM BETWEEN AMERICAN AND INDONESIAN LAW SYSTEMS Ibnu Elmi Achmad Slamat Pelu
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.v9i1.20409

Abstract

This is a study of legal thought regarding regulation of the use of recall right or inter-time impeachment as political parties’ authority accommodated in MD3 Law. This recall authority has indirectly harmed the spirit of people’s sovereignty as the embodiment of a democratic state. To study, it was conducted by applying normative research methods (doctrinal research), and other regulations of written legal materials. Furthermore, it was based on three stages in conducting comparative construction, namely: (1) the descriptive phase, (2) the identification phase and (3) the explanatory phase. Based on the results through library research, the researchers found similarities between recall rights accommodated by Indonesia comparing to the implementation in the United States of America. Additionally, this similarity of recall right regulatory system concept can be used as a thought basis for legal constructions based on the actual legal protection of people’s sovereignty in Indonesian laws.
LAW ENFORCEMENT IN THE JUDICIAL POWER FOR JUSTICE Sobandi Sobandi
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.v9i1.19972

Abstract

The implementation of the limitation of judicial power in the competence of the commercial court to realize an independent judicial power is normatively spread out in various laws. The purpose of this research is to find out about the implementation of an independent and impartial judicial power or the independence of judicial power is something that absolutely must exist because it is a prerequisite for the realization of the ideals of the rule of law and is a guarantee for the rule of law and justice. the approach method uses a normative juridical approach. The results of the research obtained state that an independent judicial power is one of the pillars for a country based on a democratic system and a state of law. Judicial power that is free and impartial is not only meant to be free from the influence of executive power, but also free from interference in carrying out its duties. Judicial power is an important instrument to guarantee human rights and maintain justice which is a very important element in democracy. If the judicial power in a country has been co-opted by other powers outside it or has sided with certain parties, it can be ascertained that the country is not democratic. The independence of judicial power refers to independence from interference from other power holders in judicial matters.
THE SELF REGULATION ON PEER TO PEER (P2P) OF LENDING INDUSTRY IN INDONESIA AS PROBLEMS AND PROSPECTS Mukti Fajar; Reni Budi Setianingrum
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.v9i1.20182

Abstract

The purpose of this research is to find out that the industrial revolution 4.0 has had a significant impact, especially in the use of technology and the internet in daily human activities, both in personal life and in economic activities. This study used a normative legal research method that examines various legal theories related to financial technology both in Indonesia and other countries. The P2P lending service carries out business activities by providing, managing, and operating money-borrowing services by utilizing information technology as a liaison. Peer to Peer (P2P) Lending in Indonesia is regulated in POJK No. 77/POJK.01/2016 concerning Information Technology-Based Lending and Borrowing Services. This regulation is the basis for the implementation of P2P Lending business activities or online borrowing, which is one type of fintech, including regulations regarding supervision carried out by the Financial Services Authority (OJK) on the implementation of these business activities. However, in practice, lending by P2P Fintech has attracted a lot of controversies because there are still many problems, including interest arrangements, the rise of illegal fintech applications and also the weakness of consumer protection where these things have not been fully addressed and regulated by POJK No. 77/POJK. 01/2016.
THE IMPLEMENTATION OF MEDIATION IN THE RESOLUTION OF INTERNATIONAL TRADE DISPUTES Ruwaidah Afiyati
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.v9i1.20853

Abstract

The purpose of this paper is to find out mediation in the settlement of disputes or international trade disputes by Business Actors, and the role of the ITPC in the event of a dispute between the parties involved in international trade transactions. This research used a normative juridical approach. The research results state that settlement of international trade disputes, in its implementation, business people prefer the mediation route, because of the benefits or advantages that business people get when using the mediation route. Among other things, the parties requested or appointed by the parties are neutral parties, procedures are fast, informal, time and cost efficient, confidentiality is maintained, prioritizes maintaining a sustainable working relationship in business as well as settlement decisions determined and agreed upon by the parties to create peace.

Page 30 of 45 | Total Record : 449

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