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[CHINA FOREIGN POLICY: A LEGAL ANALYSIS ]]>
<![CDATA[Ma Junyu]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 1 (2022): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v9i1.20482
<![CDATA[This study aims to find out China's foreign policy in carrying out its economy which is characterized by its own economy, as a communist country but China does not carry out a complete communist economic system. Since 1978 the Chinese government has reformed a more planned economic system which is more market oriented. Thus the higher-ups increased the power of local leaders and installed managers in industry, allowing small-scale enterprises in services and light production. This study uses qualitative research by collecting data sources in the literature and then analyzing them according to the research objectives. China also uses politics in its economic cooperation with other countries, namely by setting the condition that countries wishing to establish cooperation with China must agree to China's claims to Taiwan and sever official relations with the Taiwanese government. Data analysis shows that China's foreign policy making is still traditional communist style, which has continued its leadership from the beginning such as Mao Zhedong to Xi Jinping. China as a communist country with foreign policy makers centered on one central command. It can be interpreted that China's foreign policy is determined by the leader of the country and the people around him. The conclusion of this study is that in deciding a Chinese foreign policy through the Think Tank group or the Politburo in its government.]]>
<![CDATA[THE LOSS OF STATE-OWNED ENTERPRISE (BUMN) AS NOT STATE LOSS IN SEPARATION PRINCIPLE PERSPECTIVE ]]>
<![CDATA[Siska Ambarwati]]>;
<![CDATA[Yuliati Yuliati]]>;
<![CDATA[Hanif Nur Widhiyanti]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 1 (2022): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v9i1.16148
<![CDATA[The study aims to analyze, first, the BUMN sub-holding loss as a state loss and secondly, the responsibility of the BUMN holding company for the BUMN sub-holding loss. There is a dualism in the conception of state assets that are separated from BUMN in Indonesian laws and regulations. The research methods was normative legal research with a statutory approach and a case approach. The shares of BUMN sub-holding don’t come from the state but come from the BUMN and also the public. The capital investment which it does by the BUMN holding company to the BUMN sub-holding doesn’t make the BUMN sub-holding become a BUMN. In the Group Company, the principle of a separate entity continues to apply which leads to the principle of limited liability holding as a subsidiary shareholder. However, if BUMN as the majority shareholder has the right to actively intervene and it is proven that there is control of the company, then the principle of piercing the corporate vision can be applied. So the BUMN holding company must be responsible for BUMN sub-holding because of the control carried out by these BUMN holding companies. The results show that the BUMN sub-holding loss isn’t state loss.]]>
<![CDATA[THE RELEVANCES OF JUSTICE VALUE TO LEGAL PROTECTION FOR GOODS AND SERVICE PROVIDERS IN CORRUPTION CASES ]]>
<![CDATA[Maryanto Maryanto]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 1 (2022): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v9i1.20767
<![CDATA[The pace of infrastructure development in Indonesia is increasing rapidly, this is a form of the government's commitment to improving people's welfare. The pace of infrastructure development in reality often has problems, including failure to build. The absence of criminal provisions in Presidential Regulation Number 12 of 2021 concerning Amendments to Presidential Regulation Number 16 of 2018 concerning Procurement of Government Goods and Services has resulted in the blurring of the boundaries of the criminal and civil realms as well as administrative law in setting sanctions for providers of goods and services deemed negligent. This is often seen in cases of corruption in the procurement of goods and services, which often attracts service providers to become one of the perpetrators of criminal acts. This situation is clearly wrong, because not all acts of service and goods providers can be said to be related to the occurrence of corruption in the procurement of goods and services. This study aims to further analyze the legal protection for service and goods providers in cases of corruption in the procurement of goods and services. The method in this writing is normative. Based on the existing studies, it can be seen that the implementation of criminal sanctions for corruption in the procurement of goods for infrastructure development has not been based on the legal politics of procurement of goods, so that the criminal sanctions are still unclear, because the issue of procurement of goods should not be directly subject to criminal sanctions as an ultimum remidium, considering the procurement of goods regulated by administrative law not criminal law, while criminal threats are only as a last resort when violations in the realm of procurement of goods in infrastructure development are not controlled.]]>
<![CDATA[THE ECOCRACY OF WATER RESOURCES ON WATER CULTIVATION RIGHTS IN REALIZING SOIL AND WATER CONSERVATION ]]>
<![CDATA[Setia Untung Arimuladi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v9i2.17554
<![CDATA[There are still several problems related to water resources, which can affect poverty, food shortages, hamper economic growth, and disrupt ecosystems. Based on the literature study, two conclusions were generated. First, the function of Water Resources in business activities in laws and regulations still ignores the constitutional rights of the state and the people through the gap for companies to manage and make water and water resources as the profit-oriented business. Second, it is necessary to revitalize ecocracy in ensuring the existence of Water and Soil Conservation by inculcating two (legal) liabilities, namely the liability due to the inherent propriety to act or to do and the liability due to the inherent propriety not to act or not to do to protect ecosystem health and to ensure the environmental sustainability. It is necessary to reform the Water Resources Law in tackling the exploitation of water resources to justify monopoly or illegal profits made by certain parties.]]>
<![CDATA[THE LEGAL ANALYSIS AND THE IMPACT OF NOT DELETING OLD DATA IN INFORMATION SYSTEMS OF CREDIT PROGRAM ON KUR FINANCING FOR MICRO, SMALL AND MEDIUM ENTERPRISES ]]>
<![CDATA[Andi Aina Ilmih]]>;
<![CDATA[A. Zulkarnain]]>;
<![CDATA[Kami Hartono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v9i2.24411
<![CDATA[This study focuses on the importance of deleting data from the Program Credit Information System for People's Business Credit for MSME customers who have paid off their financing and re-apply for People's Business Credit facilities financing facility assistance from the government, by analyzing legal policies that regulate People's Business Credit facilities financing through Program Credit Information System in Indonesia and knowing the impact of not deleting Program Credit Information System data on People's Business Credit financing for MSME customers in Semarang Syari’ah Banking. This research uses empirical legal research method, with descriptive-analytical method. Based on the research that has been done, the legal arrangements and policies for People's Business Credit financing through Program Credit Information System in Islamic Banking are regulated in the Coordinating Minister for Economic Affairs Regulation Number 2 of 2021 concerning the Second Amendment to the Coordinating Minister for Economic Affairs Regulations Number 8 of 2019 concerning Guidelines for the Implementation of People's Business Credit; and the Coordinating Minister for Economic Affairs Regulations Number 3 of 2021 concerning the Fourth Amendment to the Coordinating Minister for Economic Affairs Regulations Number 6 of 2020 concerning Special Treatment of People's Business Credit facilities during the Covid-19 Pandemic. The impact of not deleting Program Credit Information System data for People's Business Credit financing customers for MSME actors in Islamic Banking includes positive and negative impacts. The positive impact is the existence of a data base for MSME actors as customers of People's Business Credit Financing at Program Credit Information System, becoming a guideline or benchmark for banks in distributing People's Business Credit facilities and the negative impact is the existence of a People's Business Credit financing database for MSME actors who pay off their financing if it is still listed in Program Credit Information System as a digital track record of People's Business Credit financing for SMEs in other Islamic banking and can be an obstacle/obstacle in obtaining People's Business Credit facility assistance from the government.]]>
<![CDATA[NEW STRATEGY JAPANESE MILITARY IN THE ASIA PACIFIC REGION AND THE IMPACT ON INTERNATIONAL SECURITY STABILITY ]]>
<![CDATA[Watanabe Yazuru]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v9i2.23803
<![CDATA[The purpose of this study was to determine the new Japanese military strategy in the Asia Pacific region and its impact on international security stability. The South China Sea conflict is one of the major conflicts for the Southeast Asia region and also the Asia Pacific region. Japan has a role in supporting countries involved in the conflict such as Vietnam. Japan promised Vietnam six patrol boats during Prime Minister Abe's visit to Southeast Asia.The approach used in this research is a qualitative approach and the type of research carried out is descriptive by explaining certain phenomena systematically, actually and accurately regarding facts, characteristics, and relationships. The patrol boat is aimed at enhancing Vietnam's capability in maritime law enforcement related to the South China Sea conflict. Japan, which is Vietnam's biggest foreign investor after South Korea, has no territorial claims in the South China Sea conflict. The South China Sea region has a big role in geopolitics because it is a meeting point between China and countries within the Association of Southeast Asian Nations (ASEAN) in terms of territory, security, natural resources and energy security. Disputes in the region include territorial sovereignty and maritime sovereignty. The South China Sea area consists of, among others, several small islands that are widely distributed, but there are two groups of islands that are much contested, namely the Spratly Islands and the Paracels. In addition, the South China Sea area is an important shipping lane and is often referred to as the maritime superhighway because it is one of the busiest international shipping lanes in the world.]]>
<![CDATA[A REVITALIZATION OF IJMAK TOWARDS FORMATION CONTEXTUAL OF ISLAMIC LEGAL THEORY ]]>
<![CDATA[Zayad Abd. Rahman]]>;
<![CDATA[Ilham Tohari]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v9i2.23329
<![CDATA[Ijmak, which today is defined as the consensus of the mujtahid of the whole world and occupies the third position in the hierarchy of sources of Islamic law, is not widely used by scholars. Ijmak with this kind of definition is certainly impractical and tends to be idealistic. Because it is impossible to reach a unanimous agreement regarding the furu'iyyah matter, it has become a matter of fact that differences of views are necessary. This research seeks to unearth ijmak artifacts in their historical development to find a true definition of ijmak. This study concluded that ijmak in the early era of its appearance was not the same ijmak as today. The old ijmak—in the era of Caliph Abu Bakr—with today's ijmak seems to have diametrical differences. Ijmak used to be democratic in tone (all people can have faith), open to criticism, and flexible in change. Whereas today the ijmak becomes the authority of the mujtahid, closed to criticism, and rigid. Even opposing the valid ijmak is considered a form of fussiness. In the context of Indonesianness, ijmak is synonymous with local wisdom that develops in the community. One example: polygamy is a taboo in Indonesian society, although Islamic law and state law it does not prohibit it.]]>
<![CDATA[SUPERVISION OF LOCAL PEOPLE'S REPRESENTATIVE BOARDS IN CLEAN LOCAL GOVERNANCE GOVERNANCE ]]>
<![CDATA[Mhd. Taufiqurrahman]]>;
<![CDATA[Muhammad Dias Saktiawan]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v9i2.26618
<![CDATA[The purpose of this study is to find out about the supervision carried out by the Regional House of Representatives, one of which is the performance of the local government apparatus, namely by supervising the Regional Revenue and Expenditure Budget that has been determined and carried out by the regional government apparatus. The approach method used uses a normative juridical approach, the results of the study state that the position of the Regional People's Representative Council in the structure of the Regional Government is as a people's representative institution in the region, and at the same time as an element of regional government administrators. The form of supervision in terms of preventing the occurrence of irregularities in the use of regional budgets is by determining targets and standards for supervision related to concrete matters, for example monitoring and observing the implementation of projects carried out in one fiscal year, and further responding to public complaints against irregularities use of local budgets. ]]>
<![CDATA[THE ROLE OF ASAHAN POLICE INVESTIGATORS IN CRIMINAL ACTS OF DOMESTIC VIOLENCE CASE ]]>
<![CDATA[Ismail Ismail]]>;
<![CDATA[Imelda Mardayanti]]>;
<![CDATA[Haikal Iskandar Hashina Harahap]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v9i2.23895
<![CDATA[The purpose of writing this research is to find out and describe the data that after being explained earlier shows that the settlement of cases of domestic violence is very important that is enforced by the police investigators, the approach method used uses a socio-legal approach, the results of the study state that the protection of victims of domestic violence at the Unit The PPA of the Asahan Police is carried out by maximizing the role of the Asahan Police Investigator in eliminating Domestic Violence. Among the legal innovations carried out beyond Act No. 23 of 2004 concerning the Elimination of Domestic Violence, especially law enforcement officers such as the Police, Advocates and courts in providing services and protection for victims of domestic violence, especially beyond setting up protection mechanisms in courts for the safety of victims, namely regarding protection mechanisms in courts for the safety of victims.]]>
<![CDATA[Legal Protection of Children as Victims in Restorative Justice Based on Justice Value ]]>
<![CDATA[Muhammad Ansori Lubis]]>;
<![CDATA[Muhammad Yassid]]>;
<![CDATA[Novi Juli Rosani Zulkarnain]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v9i2.23840
<![CDATA[The research purpose of this study is to determine the causes of children becoming victims of criminal acts and the legal protection of children as victims of justice-based crimes. approach method using normative juridical, research results which state that the protection of human rights for children who are victims of crimes is regulated in law as a legal protection for the State's obligations to the Indonesian people in ensuring the implementation of fundamental rights. The process of protecting and upholding human rights is carried out based on the state ideology, namely Pancasila which prioritizes human values, respecting the human rights of every citizen, both adults and children]]>
