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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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THE ANALYSIS OF ISLAMIC LAW ON THE NUMBER OF RAKA'AH IN THE TARAWIH PRAYER Muarif, Yahya Zainul
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.27661

Abstract

In religion everyone has different abilities in carrying it out. What is clear is that no one is perfect in religion except for the Prophet Muhammad Pbuh., no matter how great we are in worship/prayers, we must still have flaws on the other side. This research aims to know the analysis of islamic law on the number of raka'ah in the Tarawih prayer. Likewise in thinking, different people understand or problem solving. However, if the intent is correct and the method is also correct with the correct arguments then it will lead to conclusions that can be considered correct. If the conclusion turns out to be different, intelligent people will easily understand that such a thing is normal in the world of fiqh thinking. This paper used a descriptive qualitative method through several exploratory literature studies. The resulting findings are that the Tarawih prayer in the month of Ramadan is one of the sunnah practices, but there are differences in the number of raka'at. So the conclusion in this differences can be accepted based on argumentatives and clear reasons originating from the arguments of naqli and aqli.
THE CONSTRUCTION OF THE VICE PRESIDENT'S AUTHORITY IN INDONESIA'S STATEMENT SYSTEM Widayati Widayati; Sri Kusriyah; Winanto Winanto
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.23920

Abstract

The 1945 Constitution of the Republic of Indonesia stipulates that the President and Vice President are directly elected by the people. The position of the Vice President is at the level below the President. The authority of the Vice President is not clearly and unambiguously regulated in the 1945 Constitution of the Republic of Indonesia or in the laws and regulations below it. As an assistant to the President, the authority of the Vice President is highly dependent on the President. The Vice President's authority will only appear when the President is absent. The authority of the Vice President in Indonesia's constitutional history varies from one to another. For the division of authority between the President and the Vice President, as well as clarity on the authority of the Vice President, it is necessary to have a law regulating the presidential institution. The law on the presidential institution will later serve as the legal basis for the President to share authority with the Vice President. With the division of authority, there will be clarity as to what is the authority of the Vice President, so that when a problem occurs, it can be resolved quickly and thoroughly, without throwing responsibilities at each other. The clarity of the division of authority will also greatly assist the DPR in carrying out its supervisory function, and for the public to assess the performance of the Vice President. 
THE UNITED STATES FOREIGN POLICY AGAINST AFGHANISTAN MILITARY: A COVERT MILITARY METHOD Akaber Jhosep
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.23731

Abstract

This study aims to analyze and explain the foreign policy of the United States towards the Afghan militia, especially the Taliban. The United States government with the help of the CIA (Central Intelligence Agency) investigates and seeks to destroy the Al Qaeda terrorist group led by Osama bin Laden who was later found to be in Afghanistan and obtained protection under the Taliban. The Taliban, the Islamic extremist regime that controls Afghanistan and offers space for Al Qaeda militants to exercise its military in Afghanistan. President Bush signed a resolution on September 18, 2001 regarding the attacks on Al Qaeda under the protection of the Taliban in Afghanistan which continues to this day. The United States is actively involved in supporting military operations in Afghanistan, including logistical assistance, Afghan military training, and sending American military troops to conflict areas. The main goal of the United States in doing so is to prevent potential future attacks by a growing terrorist group in Afghanistan. Based on data from the United States Department of Defense, the total expenditure in the military sector in Afghanistan from 2001 to 2019 was 778 billion USD. Meanwhile, the number of troops sent to conflict locations was 596,303 troops. There are 2,441 US military troops confirmed dead in the Afghan war from 2001 to 2019. It is estimated that about 12,000 US military troops are still in Afghanistan. This research is a qualitative research and the data collection technique used by the author in this study is Library Research in the form of books, journals, documents, reports, articles, or newspapers obtained through electronic and non-electronic media. The conclusion is that this foreign policy is relevant and elaborates that in international relations there will be actions, reactions, and interactions between political entities called states. The state, in this case the head of state as the decision maker, tries to formulate every goal to be achieved by minimizing sacrifices to the national interest. In line with the policies pursued by President Trump to end the war in Afghanistan and withdraw all military forces of the United States and its allies.
OUTSOURCING IN EMPLOYMENT LAW REVIEWED BASED ON JUSTICE AND LEGAL CERTAINTY ASPECTS Manurung, Mangaraja
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.26651

Abstract

Outsourcing is work with the PKWT systems, which are work agreements by companies that can support work at other companies. Before the enactment of the Job Creation Act, there were constraints on the activities of outsourced workers by not being able to do the main work for the company. After the Act's enactment, job creation did not have a job limit for outsourced workers. This study discusses how elements of justice and legal certainty in the law are discussed—employment regarding Outsourcing and How to Outsource after the enactment of the Job Creation Act. This study uses a statute approach to review all laws associated to the problems discussed. This research also applies a normative juridical research method under Indonesia's prevailing rules and regulations.
THE RESTITUTION IN HUMAN TRAFFICKING LAW ENFORCEMENT IN RELATION TO VICTIM PROTECTION Christina Maya Indah Susilowati
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.17550

Abstract

This is a general policy in the form of restitution or compensation from the criminal to the victim of human trafficking crime which becomes a parameter of victim's right fulfilment. The weakness in its formulation leads to lack of firmness of its implementation. In this writing I will make a theoretical study related to restitution law structure for human trafficking victims. This research jurisdically studied about the non-clarity of the policies related to restitution. The method used in this research is law research assisted by library study & evaluation to restitution policy making in human trafficking law enforcement. This research is important because human trafficking is now becoming a trasnational crime which is well structured & sistematically arranged. Human trafficking gives great advantage to the criminal doing it. It is because the victims become a never ending commodity. Some considerations about restitution policy, have negated that human trafficking victims are vulnerable to have a secondary victimization risk. They come face to face with this risk when they deal with the operation of criminal laws, because the law has not fully accomodated the victim's right. That's why we need a legal form in having a victim based approach restitution.
THE URGENCY OF ARRANGEMENT REGARDING ILLICIT ENRICHMENT IN INDONESIA IN ORDER TO ERADICATION OF CORRUPTION CRIMES BY CORPORATIONS Hamdan Rampadio; Ana Fauzia; Fathul Hamdani
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.17625

Abstract

Along with the times, the motives or concept of corruption are increasingly complex and growing, as well as the increasing number of transnational crimes, it makes the world need regulations regarding illicit enrichment in legal products at the level of law to allow the imposition of legal sanctions for these crimes, including Indonesia. The purpose of this study is to provide an overview of the practice of illicit enrichment in Indonesia and its comparison with other countries, as well as an analysis of the urgency of regulating illicit enrichment in Indonesian law as one of the most important norms in efforts to eradicate corruption in Indonesia. In this study, the method used is normative juridical using a statutory, conceptual and case approach. From the results of the study, an idea that is presented in efforts to develop and reform law in Indonesia, namely in the context of eradicating corruption. This idea is discussed in more depth through a number of concrete cases that have been processed in Indonesia which shows that if we have illicit enrichment norms, the handling of these cases will be maximized. Through this regulation related to illicit enrichment, of course, it can prevent public officials (corporations) from committing corruption, minimizing initiatives to do business or other activities that are full of conflicts of interest (with their positions).
“BELI INDONESIA” MOVEMENT AS BREAKTHROUGH TO MANAGE THE PEOPLE'S ECONOMY IN THE MIDDLE OF LEGAL DEADLOCK IN INDONESIA Trenggono, Heppy
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.27756

Abstract

Beli Indonesia can be said to be a political movement, when viewed from a simple political understanding. Politics builds perceptions in order to gain power. The "Beli Indonesia" movement, a purely economic system is not enough to ward off the invasion of foreign products, but a kind of development of positive Indonesian sentiment is needed in all circles. In the midst of the increasingly swift currents of globalization, in the midst of the industrial revolution 4.0 which gave birth to changes in people's economic behavior, in the midst of China's rise which has awakened the awareness of nationalism in the world's nations, we are called to make a real contribution, to contribute to educating the nation. Article 33 of the 1945 Constitution states that the populist economic system is a system for making people sovereign in the economy. The economic system mandated by our constitution is an economic system that involves the widest possible participation of the people, not a monopolistic economic system, not an economic system that accommodates the greed of a few people. Form Beli Indonesia by defending the economy of our own nation's children.
THE JURIDICAL REVIEW OF THE IMPLEMENTATION OF SUPREME COURT REGULATION CONCERNING GUIDELINES FOR ADJUDICATING MARRIAGE DISPENSATION Trubus Wahyudi; Sutrisno Sutrisno
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.23923

Abstract

This reseach aims to know the law enforcement paradigm relating to adjudicating cases of marriage dispensation applications as the implementation of Perma Number 5 of 2019 is part of the litigation task that must be carried out by the judiciary as a form of a case settlement which is a community need for justice seekers for the sake of upholding the law supremacy and justice in Indonesia. Normatively the legal arrangements for the Marriage Dispensation case are Article 7 of Act No. 1 of 1974 concerning Marriage, Act No. 16 of 2019 concerning the First Amendment of Act No. 1 of 1974, Article 7 of the Compilation of Islamic Law, and Regulation of the Supreme Court (PERMA) Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications. This study used a sample of several decision objects in certain Religious Courts in the jurisdiction of the Central Java Religious High Court, through a series of research methods with a sociological juridical or Social legal Research, and data collection techniques through interviews and library studies as well as several Religious Court decisions regarding inkracht (permanent) Marriage Dispensation. In this study, aspects of the examination of the Marriage Dispensation case were revealed by the judges in exploring substantive reasons related to the age of children who are not old enough to marry according to the law. The result shown that the implementation of Perma Number 5 of 2019 regarding Guidelines for Adjudicating Marriage Dispensation Applications in Religious Courts can be formulated in the form of a dictum,"Declaratives” as a court product and what are the legal consequences regarding the stipulation of a Marriage Dispensation by the Court which functions to benefit, justice, and fair legal certainty.
LEGAL RECONSTRUCTION OF CORPORATE SOCIAL RESPONSIBILITY: PREVENTING AN ENVIRONMENTAL CONFLICTS Any Ismayawati; Luqman Nurhisam
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.23360

Abstract

The conflicts between companies and communities have a massive impact and even cause national instability so that it becomes counter-productive with development goals. In this regard, this study examines why there are many environmental conflicts between companies and communities, why many companies do not implement CSR, and how the legal reconstruction of CSR that can prevent environmental conflicts. This study aims to find out why there are so many conflicts between companies and the community? To find out why many companies do not implement CSR? and how to reconstruct CSR regulations in order to prevent environmental conflicts between companies and communities. The approach method used a normative juridical approach. The results of this study show that conflicts between companies and communities are frequent and difficult to resolve because the current CSR regulations provide opportunities for companies to exploit natural resources and override the protection of human resource interests that should be the subject of development rather than the object of development. Many companies do not implement CSR because CSR regulations are still appealing and there are no criminal sanctions, and there is no legal unification. Therefore, it is necessary to reconstruct CSR regulations in order to prevent environmental conflicts.
THE POSITION OF SUPREME COURT REGULATION NUMBER 5 OF 2019 REGARDING GUIDELINES FOR ADDITIONING APPLICATIONS FOR MARRIAGE DISPENSATION POST THE REVISION OF THE MARRIAGE LAW Astiti, Ni Nyoman Adi; Tarantang, Jefry
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.27683

Abstract

The birth of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage is certainly a legal instrument as a means of achieving justice, certainty and benefits for justice seekers, especially as a condition for marriage under the minimum age limit for marriage after the revision of the marriage law. The purpose of this study is to examine the position of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage. This research uses normative method. The background findings of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trying Marriage Dispensation Applications to complete the legal vacuum after the revision of the Marriage Law in providing a legal umbrella for the process of adjudicating applications for marriage dispensation which so far have not been clearly regulated in laws and regulations. Position of Supreme Court Regulation Number 5 of 2019 Regarding Guidelines for Adjudicating Applications for Marriage Dispensation, judges must ensure that children's statements are heard in court as an effort to prevent violations of children's rights.

Page 32 of 45 | Total Record : 449

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