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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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BUILDING AN IDEAL INDUSTRIAL RELATIONSHIP IN INDONESIA POST-DECISION OF THE CONSTITUTIONAL COURT Nuridin, Nuridin; Hamzani, Achmad Irwan; Taufik, Mohammad; Khasanah, Nur
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.v9i3.27467

Abstract

The terms of termination of employment due to gross misconduct by workers have been canceled. The ruler can no longer perform unilateral termination of employment. The determination of gross misconduct awaits the verdict of a court that has the force of law remains. The purpose of the study was to review the decision of the working relationship of gross misconduct after the decision of the Constitutional Court and to examine the working relationship between workers and the ideal ruler in the future. This study uses a philosophical approach, which is to examine the working relationships of workers and ideal rulers in the future. The results of this study showed that termination of employment among others because workers make severe mistakes that have the effect of not getting severance money and without any prior warning. The provision has been overturned by the Constitutional Court. Workers who commit gross misconduct must be proven first through criminal proceedings and there is a court ruling that has a fixed legal force. The pattern of worker and employer relationships is expected to create a mutually beneficial working relationship between the two parties in the future. The employment relationship of workers and employers is supposed to be a partnership relationship so that there is no discrimination, intimidation, and exploitation. Industrial relations ideally refers to Pancasila. With the source of Pancasila as a philosophical basis, and the 1945 Constitution all the rules of law governing Industrial Relations as its implementation. With this relationship, it is expected that the nuances of worker and employer relationships in the future can be harmonious, there is a positive syntactic relationship.
MODEL FOR COMPLETING PATIENT RIGHTS TO RISKS INVOLVED IN HEALTH CLINIC BUSINESS Syafruddin, Syafruddin
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.v9i3.16367

Abstract

Fulfilment of Health is one of the main rights of every citizen. The need for the health sector, making this field one of the profitable businesses in Indonesia, one of which is a health clinic. This study explores and finds a model for fulfilling the patient's right to risk due to the beauty click business. This research is critical, provides legal certainty to patients due to the risks posed by the health clinic business. This research included the concept of doctrinal law research, which emphasizes the legal substance by analyzing legal instruments and related policies. The study results show that the patient is a customer who gets civil and criminal protection based on Article 58 paragraph (1) of Law No. 36/2009 and Article 19 paragraph (2) of Law No. 8/1999. The government or ministry of health should actively evaluate the implementation of a health clinic business to minimize medical risks caused. It means that it looks at the existence of a business license and evaluates it periodically and emphasized in the Minister of Health No. 9/2014. Nevertheless, periodic evaluation and confirmed in the Minister of Health No. 9/2014. However, periodic evaluation and confirmed in the Minister of Health No. 9/2014.
THE RELATIONSHIP BETWEEN RELIGIUSITY AND CONFORMITY WITH MORAL INTEGRITY IN ELECTION MANAGERS IN DEMAK REGENCY Mukorobin, Nailul; Suharsono, M; Susetyo, Daniel Purwoko Budi
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.v9i3.28219

Abstract

The purpose of this research to test empirically the relationship between religiosity and conformity with moral integrity in election organizers in Demak district. The hypothesis put forward is there is positive relationship between religiosity and moral integrity in election organizers in Demak Regency. The research subjects amounted to 240 election organizers of Demak Regency. This study uses a quantitative method with documentation measuring instrument Religiosity Scale, Conformity Scale, and Moral Integrity Scale. The data obtained were then analyzed with multiple linear correlations. Based on the results of the analysis obtained value R=34,761and t = 10.962 with a p of 0.000 (p <0.01). Correlation coefficient value between Religiosity with Moral Integrity of Election Organizers in Demak Regency of 0.232 with a value of p: 0.000 (p <0.01) and the value of the correlation coefficient between conformity with the moral integrity of the election organizers in Demak Regency of 0.055 with a p-value: 0.393 (p>0.01). This means that there is a very significant positive relationship between religiosity and the moral integrity of election administrators in Demak Regency, and there is no relationship between conformity and the moral integrity of election organizers in Demak Regency.
THE LEGAL RECONSTRUCTION OF STATE CIVIL APPARATUS (ASN) IN REGULATING ASN PERFORMANCE IN THE ERA OF GLOBALIZATION Suud, Aghia Khumaesi
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.v9i3.28705

Abstract

The era of globalization requires State Civil Apparatus (ASN) to understand information technology in carrying out public services. Until the discourse of Work From Anywhere (WFA) emerged as a form of changing the pattern of e-government performance to establish good governance. For this reason, a legal reconstruction of the ASN is needed so that it does not violate the merit system in the ASN Law. However, significant changes and training are needed in all respects to make this happen. By using normative juridical methods and secondary data, the author considers that it is necessary to analyze the reconstruction of ASN Law in regulating ASN performance in the Globalization Era and how the mechanism for changing digital-based performance patterns is. The result of this article is legal reconstruction is needed in ASN regulations and the discourse on implementing WFA for ASN can actually be carried out with a merit system mechanism that fulfills five performance indicators namely, productivity, service quality, responsiveness, responsibility and accountability well.
THE ACCESS TO JUSTICE IN SYNERGIZING PAYMENT OBLIGATIONS OF SPECIAL MINING BUSINESS LICENSE HOLDERS WITH TAX COMPLIANCE IN INDONESIA Pramana, Yudha; Hermawan, Anis Wahyu; Barus, Leo B
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.v9i3.20549

Abstract

The obligations of the Special Mining Business License (IUPK) holders to the Government are only given without the active participation of the DGT and the central and local governments to test IUPK compliance as taxpayers. These obligations have the potential to ignore Article 33 and Article 23A of the 1945 Constitution. Based on the normative juridical study using the access to justice and the sustainable development approach, two conclusions are drawn. First, the enactment of several regulations shows that the IUPK's obligation to pay 4% to the Central Government and 6% to the Regional Government from net profits is only given, based on financial reports that have been audited by a public accountant. Second, Article 129 of the Minerba Law, Article 4 (1), Article 6 (1), and Article 9 (1) of the Income Tax Law, as well as Article 15 (3) of PP No. 37 of 2018 must be implemented through monitoring, evaluation, and regular audits of net profits before taxable income on the actual self-assessment reporting conducted by IUPK. It is proposed to make joint audit rules in testing compliance with good mining practice and IUPK obligations, as well as compliance of filling and actual payment of taxes owed.
THE IDEAL LEGAL REGULATION FOR DECENTRALIZED FINANCE AS THE DEVELOPMENT OF INDONESIA CRYPTO ASSET TRADING Bustomi, Yazid; Muryanto, Yudho Taruno
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.v9i3.21245

Abstract

Decentralized Finance (DeFI) has positively impacted the development of crypto asset trading and has been adopted by various countries except for Indonesia. This study aims to identify the urgency of regulating DeFi as the development of crypto asset trading in Indonesia and construct the ideal regulation. This research is normative legal research with a statutory and conceptual approach. The research results stated the urgency of regulating DeFi as the development of crypto asset trading is: a) other countries have used DeFi because it can develop crypto asset trading for the better by creating value stability in crypto assets, having a function for lending and borrowing crypto assets, having transparency in transactions and lower crypto asset trading fees; b) DeFi technology adopted in the development of the Digital Rupiah project by BI and adopted by physical traders of crypto assets in Indonesia; c) as a form of legal protection from risks arising from technical or non-technical negligence or intention to protection from crime. Ideal legal regulation for decentralized finance as the development of Indonesia crypto asset trading is the formation of a regulation by CoFTRA in the form of technical guidelines and implementation mechanisms, in the form of a new written CoFTRA Regulation, in the form of a decree from the Head of CoFTRA whose focus is to regulate DeFi as development Crypto asset trading.
THE IDEAL CONCEPT OF ENERGY CONTROL IN INDONESIA FROM THE ECONOMIC CONSTITUTION PERSPECTIVE Qurbani, Indah Dwi; Rafiqi, Ilham Dwi; Yofita, Emilda; Rahma, Nabila Aulia
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.v9i3.17429

Abstract

Indonesia's energy transition trends are faced with many challenges and require support in several life sectors. Thus, the pledge of legal certainty and justice through the policies and legal arrangements has become a crucial factor. The present research employed normative legal research with a statutory, historical, and conceptual approach. The purpose of the research was to examine the regulation about energy control in Indonesia all this time and the prospects to regulate energy development from the economic constitution perspective. This study uses a normative juridical method with statutory, historical and conceptual approaches. The results had indicated that such a perspective became an ideal concept to be a basis, reference, and control to the energy regulation in the future. The economic constitution also implied that the economy was built as a shared effort referred to the principle of kinship. Consequently, each of the energy development elements, i.e., policy, management, regulation, and supervision had to be carefully measured for the sake of human’s prosperity. The development and use of renewable energy as the core energy source were strongly consistent with the actualization of economic welfare and safety among the people, which remarked the key to indicating the existence of the economic constitution.
IDEAL FORMULATION OF DIVERSION IN LAW ENFORCEMENT OF CHILDREN IN THE FUTURE Siregar, Gomgom TP
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.v9i3.29041

Abstract

The purpose of this writing is to find out and analyze the formulation of law enforcement for children in the future so that the punishment of children is more useful, the approach method uses a normative juridical approach, the results of the study state that the implementation of diversion in article 7 paragraph (2) letter a SPPA Law carries a prison sentence under 7 years to get diversion so that the limitation on the implementation of diversion in Article 7 paragraph (2) letter a will have an impact on the child's right to get diversion when the child commits a crime above the threat of imprisonment for 7 years and above which should be the problem can be resolved peacefully based on the purpose of diversion but there is restrictions on the threat of imprisonment under 7 years in the implementation of diversion. The general principles contained in the Convention on the Rights of the Child should be taken into consideration to amend or remove conditional restrictions on diversion for imprisonment under 7 years because they have deviated from the essence of children's rights and the general principles contained in the Convention on the Rights of the Child.
THE ROLE OF THE GOVERNMENT IN THE PROTECTION OF HEALTH WORKERS DURING THE COVID-19 PANDEMIC Leonard, Tommy; Pakpahan, Elvira Fitriyani
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.v9i3.29095

Abstract

This research aims to identify and analyze accountability in protecting the rights of health workers and complement each other in creating a balance of rights and obligations through preventive and repressive efforts. In this paper using normative juridical research methods and analyzed using qualitative data. The resulting research results state that legal protection for the safety of health workers due to the Covid-19 pandemic has not been implemented properly as mandated in laws and regulations, in carrying out the rights of health workers during the Covid-19 pandemic they are still neglected and have not been fulfilled. Therefore, the role and responsibility of the government is urgently needed to fulfill the rights of health workers as the frontline in handling the spread of Covid-19 in Indonesia.
THE GOVERNMENT'S ROLE IN OVERCOMING UNDERAGE MARRIAGE IN THE MUSLIM COMMUNITIES Suprijati Sarib; M. Alimashariyanto; Rahmah Nur; Ade Irma Imamah; Rahmawaty Rahmawaty
Jurnal Pembaharuan Hukum Vol 10, No 1 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i1.22433

Abstract

This research aims to analyze the government's role in overcoming underage marriage in the Muslim communities in Manado City, North Sulawesi Province, Indonesia. The government's involvement is significant because of the yearly increase of child marriage cases in the city. Therefore, this qualitative research employed a descriptive approach to analyze the data, which were collected through observation, interviews, and documentation. The primary data sources were the heads of the Religious Affairs Offices in Manado City, consisting of the Tuminting, Tikala, Wenang, and Singkil Subdistricts, while journal articles, government regulations, literature, and other relevant documents constituted the secondary data. Subsequently, the results showed that the government's duties and functions concerning marriage in the city are implemented through the Religious Affairs Office and include providing services, monitoring, recording, reporting, and guidance. Its role in combating underage marriage in the city's Muslim community is performed through formal activities, namely the socialization of Act No. 16/2019 concerning the age of marriage, pre-marital guidance and education for school-age children and millennial youth, as well as marriage preparation guidance. Also, non-formal activities are performed through lectures, coaching, and rendering marriage advice at the majlis ta'lim and youth events in mosques.

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