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[POLITICAL MATTER IN HISTORICAL GOVERNMENT OF TURKIYE’s ELECTION ]]>
<![CDATA[Muhammet Ebuzer Ersoy]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 10, No 1 (2023): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v10i1.32138
<![CDATA[After two decades in power and more than a dozen elections, Turkey's authoritarian leader Recep Tayyip Erdogan knows how to work a room. At a taxi drivers' convention in Istanbul, they could not get enough of him. He controlled the crowd like the conductor of an orchestra. They cheered and clapped - and booed the opposition - on cue. The venue was a waterside convention centre in Istanbul, built during his time as mayor of the city. The rally reached a crescendo as the president delivered his parting shot: "One Nation, One Flag, One Motherland, One State." This research aims to know the political issue in Turkiye’s election from history of their modern nation and government regulation especially in the voting and choose the president. This study uses a sociological juridical approach, namely research based on normative law (regulations) as well as observing the workings of these regulations in society which make relationship with the political and international issue. The result show President Recep Tayyip Erdogan has won re-election according to the country's Supreme Election Council and unofficial data from the state-run Anadolu Agency. With 100 percent of ballot boxes opened in the run-off, Erdogan has 52.18 percent of the vote, and challenger Kemal Kilicdaroglu has 47.82 percent.]]>
<![CDATA[THE MODEL OF ENVIRONMENTAL REGULATION BASED ON AN ECOLOGICAL JUSTICE ]]>
<![CDATA[Tiyas Vika Widyastuti]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 10, No 1 (2023): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v10i1.30543
<![CDATA[This research was conducted to find out how strong and efficient the policies made by the government in creating a good living environment in order to achieve an ecological justice. This study uses the Socio Legal Research with the sociology of law approach (sociology jurisprudence). Based on several incidents of environmental damage, one of which was released by AMAN (Alliance of Indigenous Peoples of Indonesia) recorded that there were 40 cases of criminalization and violence against indigenous peoples in 2020. Of the 40 cases, there were 39,069 indigenous people grouped into 18,372 heads of households experience losses both economic, social and moral losses. The total area of the 40 cases reached 31,632.67 hectares. The regulations issued by the government through Act No. 32 of 2009 concerning PPLH its application has not been optimal in environmental management efforts based on ecological justice, this is evidenced by the large amount of environmental destruction especially customary forests carried out by corporations for the benefit of plantations, animal husbandry and others.]]>
<![CDATA[THE IMPLEMENTATION OF RESTORATIVE JUSTICE FOR NARCOTICS ADDICTS BASED ON LEGAL BENEFITS ]]>
<![CDATA[Amalia Nugraheni, Novie]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v11i1.34620
<![CDATA[Narcotics addicts are "self victimizing victims", because narcotics addicts suffer from dependence syndrome as a result of their own narcotics abuse. The purpose of writing this article is to analyze the current law enforcement against narcotics addicts and the implementation of restorative justice for benefit-based narcotics addicts. This type of legal research is normative juridical research. Crimes related to narcotics include special crimes, where the provisions used include special provisions of the law. Narcotics crimes are called special crimes, because narcotics crimes do not use the Criminal Code (KUHP) as the basis for regulation, but use Law No. 35 of 2009 concerning Narcotics. Narcotics addicts and victims of narcotics abuse are not solely seen as perpetrators of criminal acts, but also as victims, where the implementation of rehabilitation is part of an alternative punishment. The drug users as victims of narcotics crimes must be restored / cured and not to be imprisoned. Restorative justice for drug users can save their future. Even though their past and present have been lost as a result of the drug abuse.]]>
<![CDATA[THE WESTERN LEGAL SYSTEM IN INDONESIAN CRIMINAL PROCEDURAL LAW REFORM: A GLOBALIZATION AND LEGAL POLITICS PERSPECTIVE ]]>
<![CDATA[Santoso, Bambang]]>;
<![CDATA[Hartiwiningsih, Hartiwiningsih]]>;
<![CDATA[Rustamaji, Muhammad]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum ]]>
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DOI: 10.26532/jph.v11i2.30488
<![CDATA[In the field of law, the influence of globalization is reflected in the legal politics of procedural law reform, which is currently still in the form of legislation draft. This study aims to analyze the influence of globalization on the reform of Indonesian criminal procedural law in relation to national legal politics. This research is normative legal research, which focuses on studying library materials. Based on the results of a comprehensive study is known, the Draft Criminal Procedure Code includes a new system originating from the western legal system such as adversary system in court trial. Adopting the adversary system into the Draft Criminal Procedure Code is a very revolutionary legal political reform of the criminal procedural law. Various challenges will be faced along with the adoption of the new legal system. Changes in the legal culture of law bearers is also a key variable in the success or failure of a western legal system implementation. Although the concept of the Criminal Procedure Code is colored by the western legal system, it does not conflict with national legal politics because it reflects universal legal principles, namely equality.]]>
<![CDATA[THE POSITION OF THE CONSUMER DISPUTE SETTLEMENT BODY IN THE EFFORT TO SUBMIT A CONSUMER DISPUTE OBJECTION ]]>
<![CDATA[Wibowo, Veronica Cynthia]]>;
<![CDATA[Subagyono, Bambang Sugeng Ariadi]]>;
<![CDATA[Chumaida, Zahry Vandawati]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v10i3.33307
<![CDATA[The purpose of this study is to analyse PERMA No. 1 of 2006 which is a guideline for the District Court as well as consumers and business actors regarding the procedure for filing objections to decisions of the Consumer Dispute Resolution Agency (BPSK) which had not previously been regulated in the UUPK Law. One of the things that is regulated in PERMA No. 1 of 2006 through Article 3 paragraph (3) is that the Consumer Dispute Resolution Body is not a party to the filing of objections to consumer disputes. Article 3 paragraph (3) of PERMA No. 1 Of 2006 contains new norms that were not previously regulated by the UUPK. This research discusses the ratio legis of BPSK not being a party in the objection of consumer disputes and how the legal consequences of BPSK as a Respondent in the objection of consumer disputes. This research is a doctrinal legal research that uses statute approach and conceptual approach. The results of the analysis of the writing of Article 3 paragraph (3) of PERMA No. 1 Of 2006 as a form of affirmation that BPSK is not a party, but an institution that has the duty and authority to handle and resolve consumer disputes. The existence of Article 3 paragraph (3) of PERMA 1/2006 gives legal consequences that if BPSK is included as a party to the objection, the District Court will give a decision that the lawsuit cannot be accepted. Although there are differences in the regulations in UUPK and PERMA 1/2006, with the existence of the AAPS Law, if there are problems related to arbitration at BPSK, the legal rules used are special rules, namely UUPK and its derivative rules including PERMA 1/2006.]]>
<![CDATA[THE DEATH PENALTY AS A MODEL TO PROVIDE A DETERRENT EFFECT AGAINST PERPETRATORS OF PREMEDITATED MURDER ]]>
<![CDATA[Prayitno, Ahmad Hadi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v10i3.32486
<![CDATA[The execution of the death penalty in cases of premeditated murder is, in fact, not easy. The old Criminal Code did not define the terms and conditions for premeditation elements. The purpose of this research is to analyze Death Penalty in Indonesia and The Urgency of Death Penalty in Creating A Deterrent Effect in Premeditated Murder. The method used in this legal research is normative juridical. Normative juridical research is research that is focused on examining the application of rules or norms in positive law. Indonesia is one of the countries that still maintain death penalty because death penalty is a criminal sanction that is still relevant in preventing and eradicating serious crimes. This can be seen in Constitutional Court Decision Number 2-3/PUU-V/2007. The provisions on death penalty for perpetrators of premeditated murder in the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code have made it difficult for death penalty to be imposed on perpetrators of premeditated murder.]]>
<![CDATA[THE RATIFICATION OF GENEVA ACT 2015 AS GEOGRAPHICAL INDICATION PROTECTION: THE IMPACT FOR INDONESIA ]]>
<![CDATA[Disemadi, Hari Sutra]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v11i1.36107
<![CDATA[Geographical indications are one of the most important forms of intellectual wealth in the era of free trade, which is an important economic in various countries today. The goods produced by business actors in a country will always affect the representation of the brand and the country of origin. For a country with a diverse cultural and natural resources like Indonesia, geographical indications are one of the important factors in the effort to protect Indonesia’s identity and uniqueness. The increasing urgency of the entry of Indonesian products into the international market has prompted the Indonesian government to seek legal remedies to protect local products that can help strengthen the country’s economy. This research analyzes Indonesia’s interest in ratifying the Geneva Act 2015 through doctrinal legal research method combined with statutory approach. Normative analysis of this study finds that ratifying the Geneva Act 2015 is indeed a step in the right direction, considering the many found weaknesses and normative restriction within the legal framework of geographical indication protection in Indonesia.]]>
<![CDATA[THE COMPARATIVE LAW OF FRANCHISE AGREEMENTS IN REALIZING PROTECTION BETWEEN PARTIES ]]>
<![CDATA[Tajuddin Noor]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v10i2.33355
<![CDATA[Franchising as a business concept regarding the granting of the use of intellectual property rights and operational activity systems by franchisors to franchisees is a legal relationship between franchisors and franchisees regulated in a franchise agreement. The purpose of this research is to analyze the Regulations regarding franchising in Indonesia and Regulations regarding franchising in other countries to compare arrangements between Indonesia and other countries. This legal research uses normative juridical research methods. The approach used is a comparative approach that involves researcher activities that begin with identifying the effect of one variable on another. franchise is a relationship based on a contract between the franchisor and the franchisee. Franchisees operate using trade names, formats, or procedures owned and controlled by the franchisor. Legal regulations in other countries often provide global trademark protection, allowing trademark owners to protect their trademarks in several countries. In Indonesian legislation, the legal protection of franchises is limited to the territory of the Republic of Indonesia.]]>
<![CDATA[LOOKING FOR A NEW PARADIGM IN COPYRIGHT IN INDONESIAN REGULATIONS ]]>
<![CDATA[Nainggolan, Bernard]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v10i3.36009
<![CDATA[This research examines the copyright landscape in Indonesia with a focus on regulatory dynamics, public awareness and law enforcement. The research approach uses normative methods and literature reviews to examine the development of copyright law, public moral awareness, and the implementation of policies related to copyright protection. Despite progress in copyright regulations, research shows that copyright infringement remains a serious problem in Indonesia. Piracy practices are still common and accepted as a cultural norm, while copyright law enforcement faces challenges in increasing public awareness and enforcement effectiveness. The findings of this research highlight the urgency of education to increase public awareness about copyright. The importance of further action to strengthen law enforcement and effectively protect copyright in Indonesia was also emphasized. This research has important implications for policy makers, law enforcers, and the general public to increase understanding of copyright, change cultural norms regarding piracy, and increase awareness of the importance of protecting copyright for sustainable social and economic development in Indonesia.]]>
<![CDATA[THE HUMAN RIGHTS IN INDONESIA AS SEEN THROUGH VARIOUS ASPECTS OF LEGAL AND CUSTOM LIFE ]]>
<![CDATA[Dadang Sumarna]]>;
<![CDATA[Yenny Febrianty]]>;
<![CDATA[Marjan Miharja]]>;
<![CDATA[Yahman Yahman]]>;
<![CDATA[Christopher Panal Lumban Gaol]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v10i2.31305
<![CDATA[The purpose of this research is to analyze Human Rights in Indonesia from a Legal Perspective and a Customary Life Perspective. Based on Indonesian law and the way of life in each region, regional regulations are established to protect inhabitants' human rights. This research was carried out using normative methods with research through a literature study. As a guarantee of the notion of equality among all humans, HAM, or human rights, is a fundamental value that must be safeguarded and maintained. It is not just in Indonesia but anywhere else in the world. Right now, there is an imbalance between the respect for human rights and how those rights are put into practice. In spite of these circumstances, Indonesian conversation and debate are nonetheless highly fascinating. With regard to human rights, in particular. In order to examine human rights in relation to various legal and customary aspects of life in Indonesia, this research was conducted utilizing the literature review technique. The findings of this research describe the state of human rights in light of Indonesia's legislative and cultural traditions. The issue of indigenous peoples has indeed become one of the strongest issues in international development. Indigenous peoples are a community group that must receive attention in mitigation and adaptation efforts.]]>
