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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 PRINCIPLE OF THE BEST INTERESTS IMPLEMENTATION OF THE CHILD IN A DECISION TO CANCEL A CHILD'S BIRTH CERTIFICATE Rizky Mustika; I Made Pria Dharsana
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.v10i1.30432

Abstract

This research aims to provide an understanding of the determination to cancel a child's birth certificate that can potentially violate children's human rights. So that the role of judges as a judicial institution is needed to protect children's rights as it should. Marriage registration is merely an administrative action and does not affect the validity of the marriage. Errors in marriage registration should not necessarily affect the status of the child's position. Because after all, birth certificates are issued by the state to protect and provide legal certainty over the child's status. This research used a typology of research with a prescriptive form and then normative juridical research methods with secondary data derived from laws and regulations relating to child protection. In conclusion, legal action to cancel a child's birth certificate due to legal defects in a marriage can be said to be an action that is contrary to the principle of the best interests of the child, therefore it is fitting that the application for annulment of a child's birth certificate be properly considered by the panel of judges who act as an extension of the state in the judicial field.
THE BLOCKCHAIN-BASED ON E-VOTING IN THE LOCAL ELECTIONS SYSTEM: AN EFFORT TO REALIZE E-DEMOCRACY Mohammad Syaiful Aris; Dita Elvia Kusuma Putri; Gio Arjuna Putra; Xavier Nugraha
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.v10i1.22811

Abstract

E-voting in post-conflict local elections is still a long debate. One of the reasons is related to the security problem e-voting. Over time, system blockchain born which is known unhackable. Therefore, will analyze, first, urgency using e-voting in post-conflict local election system and secondly the formulation use of blockchain-based e-voting in the post-conflict local election system. The method research is legal research with statute approach, conceptual approach, and case approach. As for the results of the study: first, urgency using blockchain in regional head election system, because there are still many problems, namely: 1) Multiple voter data which results in voters being able to vote more than one time, 2) There are still ballots that have been voted, due irresponsible persons, 3) Distribution of ballot boxes and ballots have problems both before and after voting, and 4) Many post-conflict local election officers died and got sick due to fatigue while on duty, and secondly, the formulation use blockchain in electronic-based regional head election system, must considered: 1) review readiness of districts/cities, 2) Making rules with stakeholders, 3) Resource training humans, 4) Socialization to the community, 5) The implementation is carried out systematically tiered, 6) Implement pilot project before implemented.
THE CONCEPTUAL AND HISTORICAL REVIEW OF CONSTITUTIONAL LAW IN INDONESIA Indra Muchlis Adnan
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.v10i1.30568

Abstract

This research discusses constitutional law in Indonesia in terms of concept and history. The position of the constitution is an essential element in a state. It is the basic law in running the government of a country, because every legislation refers to the constitution as a reference. This research uses a qualitative descriptive method with the type of research is a library research. This research led to the conclusion that the constitution affirms the very strong position and relationship between the people and the ruler. The concept of the Constitution in Indonesia is based on the 1945 Constitution. The implementation of Pancasila democracy is based on the constitution or the 1945 Constitution. The history of the development of the Indonesian state administration there are four kinds of constitutions that have been in force, namely first, the period 18 August 1945-27 December 1949; Second, the period 27 December-17 August 1950; third, the period 17 August 1950-5 July 1959 ; fourth, the period 5 July 1959-1998.   
THE ROLE OF INDONESIAN ONLINE MARKETPLACES IN INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS: A COMPARATIVE ANALYSIS Lu Sudirman; Hari Sutra Disemadi
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.v10i1.30883

Abstract

This research explores the forms of intellectual property rights violations and their causes, which are examined using the Indonesian intellectual property rights legal framework, to then generate an overview of the legal reconstruction needed to protect existing intellectual property in Indonesian online marketplaces. This research used normative legal research method with comparative approach by analyzing the existing Indonesian IP legal framework and compare it with other countries that are more advanced in IPR protections. This research puts a great emphasis on legal problems and the criminal elements of the Indonesian intellectual property rights legal framework to explain the position of online marketplaces and their responsibilities to also support the protection of IP and the growth of e-commerce overall. This research finds that Indonesia is facing normative issues in defining the role of online marketplace in many IP infringement cases. This finding is important in the support for continued legal development in Indonesia, to provide better protection of many forms of intellectual property rights in Indonesian online marketplaces.
THE POLITICS OF CRIMINAL LAW IN CYBERCRIME: AN EFFORTS TO COMBAT INFORMATION TECHNOLOGY CRIMES IN INDONESIA Milla Mudzalifah; Pujiyono Pujiyono
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.v10i1.26707

Abstract

This article aims to analyze the politics of criminal law in cybercrime and its efforts to overcome information technology crimes from cybercrime. This article used a normative juridical approach. This study concludes that legal politics has a significant role in enforcing the Information and Electronic Transaction Law because it is related to the existence of political will in enforcing the Aquo Law, where there is a structure that is very closely related to legal politics. Efforts to deal with information technology crime, as stated in the Preamble to the 1945 Constitution paragraph 4, to date, two cyber laws of the Electronic Information and Transaction Law have been and are or are still in force in Indonesia. Changes to the cyber law of the Information and Electronic Transaction Law occur because of the influence of legal politics, which is the primary policy in determining the direction, form, and content of the law to be formed following the needs of the state at the time the law is enacted and the politics of the government's interests at the time an Act applies.
THE DISPUTE SETTLEMENT FOR CONSUMER PROTECTION BY THE CONSUMER DISPUTE SETTLEMENT AGENCY IN LEGAL ASSURANCE PERSPECTIVE Jaenudin Umar; Endang Sutrisno; Abdullah Abdullah
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.v10i1.30562

Abstract

The concept of consumer protection is to guarantee legal certainty to consumers, namely efforts to empower consumers to obtain or determine their choice of goods and/or services and to defend or defend their rights if business actors harm them. Legal norms to protect the interests of consumers are not sufficient. Therefore, to achieve a balance in protecting the interests of consumers and business actors, a clear legal order is needed so that a healthy economy can be realized. Consumer protection norms in the Consumer Protection Law System, as a fundamental norm, become the criteria for determining alleged violations of consumer rights. The aim of this study is to provide an alternative for resolving cases, a form of embodiment of the implementation of consumer rights protection policies. The approach method used in this research is juridical sociological. However, there are still legal loopholes that often occur. May harm the interests of consumers. The existence of regulations that still have to be synchronized and harmonized between the Consumer Protection Act and the rules governing Arbitration and Alternative Dispute Resolution issues because the Consumer Protection Law formulates rules for resolving consumer disputes by separate arbitration, which is relatively different from the basic concept of the arbitration mechanism which generally accepted so that the settlement of consumer disputes becomes legal uncertainty.
LEGAL POLITICS OF REGIONAL HEAD ELECTIONS DURING THE COVID-19 PANDEMIC: DO ANTAGONISTIC IMPLICATIONS? Fifiana Wisnaeni; Kornelius Yosua Dimas Nugroho
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.v10i1.20019

Abstract

This research aspires to know and analyze the political law of regional head elections in Indonesia in the midst of the COVID-19 pandemic. Next, the implications of COVID-19 are explored to determine its impact on the implementation of regional head elections and democracy in Indonesia. This study aims to analyze the political laws of regional head elections in Indonesia when the COVID-19 pandemic happened and explore the implications of the pandemic on regional head elections and democracy in Indonesia. This research used normative juridical method with specifications in the analytical descriptive investigation, secondary data was used to examine research data qualitatively. The study found that the rescheduled simultaneous regional elections during the COVID-19 pandemic were carried out in December 2020 while also applying stringent health protocols. The COVID-19 pandemic is believed not to have affected democracy in Indonesia since the process was carried out in a direct, open, public, secret, honest, and fair manner. this study also found that public participation in regional head elections amid the COVID-19 pandemic increased compared to previous years; voter turnout in 2015 was 69.35%, and the number increased to 74.89% in 2017. the participation further progressed to 76.09% in 2020 despite the happening pandemic.
THE IMPLEMENTATION OF THE SUSPECT'S RIGHTS IN THE LEGALITY OF PRETRIAL INVESTIGATION Budiyanto Budiyanto; Farida Kaplele; Alwan Hadiyanto
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.v10i1.30577

Abstract

The purpose of this study is examine the legality of the investigative process at pretrial hearings and their constraints. The normative legal research method supported by empirical legal research is used in this study. The results of the study found that the suspect's right to test the legality of the investigation process at the pretrial hearing has been implemented through legal procedures in accordance with the provisions of Article 77, Article 79, Article 82 and Article 95 of the Criminal Procedure Code. In its implementation, out of a total of 40 cases, 15 cases were rejected, 7 cases were granted, 7 cases were withdrawn, 4 cases could not be accepted, 6 cases were declared disqualified, 1 case was still in trial. As a result, it was found that there were procedural errors and violations of rights committed by investigators, so that during the examination the pretrial hearing was declared invalid. Obstacles for a legality test for the investigation process through a pretrial hearing include: the pretrial request was declared invalid, declared unacceptable, the difficulty for the suspect to find legal counsel who could win his case, the high cost of paying attorneys, the suspect's ignorance and ignorance of legal issues.
THE ENVIRONMENTAL OF CRIMINAL LAW ENFORCEMENT BASED ON PANCASILA’s JUSTICE Sumarno Sumarno; Ismaidar Ismaidar
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.v10i1.30913

Abstract

The environmental problems can no longer be said to be purely natural problems, because humans provide a very significant causative factor for environmental events. The purpose of this research is to find out and analyze environmental criminal law enforcement based on Pancasila justice, which is a legal concept that upholds the values of justice, equality and humanity. the approach method used in this study uses a normative juridical approach, the resulting research results state that the 2009 Environmental Protection and Management Law defines a crime as an act that can result in exceeding ambient air quality standards, water quality standards, seawater quality standards, or standard criteria for environmental damage. Enforcement of environmental criminal law based on Pancasila justice is a legal concept that upholds the values of justice, equality and humanity.
THE KAFAAH CONCEPT OF THE SAKINAH FAMILY IN MUSLIM GENERATION BASED ON ISLAMIC LAW Muklisin Muklisin
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.v10i1.31487

Abstract

The idea of the sakinah family in the current Muslim generation. This study aims to explain the meaning of the Sakinah family as one of the aims of marriage mentioned in the Qur'an. The aim of the research is to get ideas that can be used in contemporary life besides having a deep understanding of the substantive meaning of the term. The approach method used in this research is normative juridical. The results of the study state that a sakinah family is a family that maintains harmony, peace, and comfort and operates according to legal and religious principles based on the findings of an examination of a number of concepts by contemporary interpreters. Every prospective husband and wife must make early preparations for their marriage, especially those involving moral, material, mental and spiritual abilities, and must be determined to build and maintain family continuity in accordance with religious and social norms in order to realize sakinah family.

Page 34 of 45 | Total Record : 449

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