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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 LEGAL PERSPECTIVE ON CONSUMER PROTECTION OF GENETICALLY ENGINEERED FOOD PRODUCTS IN INDONESIA Rusli, Tami; A, Tandaditrya Ariefandra; Jainah, Zainab Ompu
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.32801

Abstract

The development of science and technology has triggered the use of genetic engineering. Genetic engineering is the transplantation of genes into other genes, both between genes and across genes, to produce valuable products for living creatures. Genetically engineered food products, due to the development of modern biotechnology in the field of genetic engineering technology, have given rise to new legal problems because of the possibility of posing a risk to human health. This research uses a normative juridical approach with an emphasis on secondary data. This research uses doctrinal research methods. The research specifications used are analytical descriptive. The research results show that there is no special legal protection for consumers of genetically engineered food products, because it still refers to consumer protection contained in the UUPK. It should be noted that genetic effects resulting from human genetic engineering need legal protection. Protection and intellectual property rights, where everyone, individually or collectively, must be a consumer of goods and services, so the parties need equal legal protection. Therefore, the responsibility of producers of genetically engineered food products for consumer losses must be able to fulfill the principle of justice because the economic position of producers is higher than that of consumers. By implementing the principle of absolute responsibility, the producer responsibility law will foster an attitude of caution for producers of genetically engineered food products to maintain the quality of their products.
UNDERSTANDING THE STATE CIVIL APPARATUS’ NEUTRALITY IN GENERAL ELECTIONS FROM THE DIGNIFIED JUSTICE JURISPRUDENCE PERSPECTIVE Kameo, Jeferson; Prasetyo, Teguh
Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i1.35461

Abstract

The fundamental issue in every general election, for instance the Indonesia’s 2024 election, is the existence of stipulated principle of neutrality of the State Civil Apparatus (SCA) in election laws. The principle has been in conflict with the highest values which should govern it. The purpose of this research is to describe and discuss the idea or effective legal theory for solving the conflict of SCA with the highest values that should govern it. The research applied the Indonesian legal theory known as Dignified Justice to navigate the finding. The methods used is pure legal research or the normative legal research. It has found that the root problem of violations of the principle of SCA in, for instance the 2024 is that election laws is in conflict with the Pancasila, which has long been understood as not as the highest law, but an ideology, while an ideology has been argued as a manipulative tool of a ruling elite to control its subject. In order to solve the problem, this study proposes that Pancasila should be treated as containing the highest values or the inner morality of law to govern the principle of SCA stated in the country’s election laws.
LEGAL REFORM ON THE CONCEPT OF RESTORATIVE JUSTICE IN THE CRIMINAL JUSTICE SYSTEM Adhi Wibisana, Anak Agung Ngurah; Wisnumurti, Anak Agung Gede Oka; Budiartha, I Nyoman Putu; Dewi, Anak Agung Sagung Laksmi
Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i2.32082

Abstract

Restorative justice is an alternative to solving criminal cases, which in the resolution mechanism involves the perpetrator, victim, perpetrator’s family, victim’s family, community leaders, or stakeholders to jointly find a fair solution and emphasize returning to the situation as before. The implementation of the concept of restorative justice is needed in an effort to reform the law of the criminal justice system. This study aims to understand, explain, analyze, and make a comparison with the implementation of the concept of restorative justice as an effort to reform criminal law. The method used in this study is normative legal research. There are efforts to reform the law or legal findings in a criminal justice system regarding the resolution of criminal cases. The concept of restorative justice can be adopted and simultaneously applied. In addition to minimizing the accumulation of case files, restorative justice prioritizes the rights of perpetrators and victims and the restoration of the situation.
RATIO LEGIS OF INTERFAITH INHERITANCE REFORMULATION FROM THE PERSPECTIVE OF FIQH MINORITY: A STUDY OF THE THOUGHTS OF YUSUF AL-QARDHAWI AND TAHA JABIR AL-ALWANI As-Suvi, Ahmad Qiram; Zuhriah, Erfaniah
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.33335

Abstract

This article aims to delve deeply into the ratio legis of reformulating the legal status of interfaith inheritance from the perspective of fiqh minority, as articulated by the thoughts of Yusuf al-Qardhawi and Taha Jabir al-Alwani. The research method employed in this article is a library research approach, utilizing comparison and content analysis to identify similarities, differences, and potential points of convergence in their thinking. The research findings indicate that the legal status of interfaith inheritance, according to the fiqh minority of Qardhawi and Alwani, must be redefined from the classical textual fiqh formulations to a contextual division of interfaith inheritance. The growing Muslim population in various non-Muslim countries necessitates the urgent reformulation of interfaith inheritance distribution to fill the normative vacuum within minority Muslim communities. The ratio legis of reformulating the legal status of interfaith inheritance according to Qardhawi and Alwani is based on considerations of maslahat (public interest) and the values of Maqashid al-Shariah, which serve as guiding principles for redefining the contextual legal status of interfaith inheritance. Failure to understand Islam solely through a textual lens and an inability to address the issues faced by minority Muslims in non-Muslim countries could relegate Islamic law to a relic of civilization. 
THE IMPLEMENTATION OF KALOSARA CUSTOM IN MEDIATING MEDICAL DISPUTES Akib, Ma'ruf; Ichlas, Rudy Iskandar
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.33751

Abstract

This study aims to determine and analyze the constitutionality of Kalosara custom in mediating disputes between doctors and patients in Konawe Regency. The method in this research uses a sociological juridical approach. The results of this study are The role of the Kalosara as customary law has a broad scope as a legal sub-system in society, as the Kalosara is known to prioritize unity and peace through mediation by means of deliberation and consensus. The Sara Medulu procession carried out by doctors from Konawe Hospital came to the victim with the intermediary of a Tolea as a form of seriousness to settle by custom. Customary settlement with a family atmosphere makes both parties feel defeated by each other. This condition is far more beneficial than legal settlement through the litigation process where there are parties who are won and defeated.
Health Human Resources Negligence: Is It The Hospital’s Responsibility? Arimbi, Diah; Abdumurad Abdusaidovich, Khakberdiev
Jurnal Pembaharuan Hukum Vol 11, No 1 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i1.36501

Abstract

Hospitals are institutions fraught with the risk of legal action, as they are dense with resources, technology, knowledge, and the risk of health measures. Health human resources (medical personnel, health personnel, and supporting personnel) carry out their work based on standards determined by the government, their profession, and the hospital, with permanent employee status or an agreement/contract, forming an employment relationship. On this basis, the hospital is responsible for negligence committed by its workers. The Corporate Liability Doctrine demands that the hospital be responsible for its workers who make mistakes. Apart from this doctrine, the theory of vicarious liability also explains the same thing. However, all accusations of negligence to obtain compensation must, of course, require proof of error in the action. Furthermore, health law does not only require hospitals to be responsible for clinics or community health centers, not being included in this category even though legally they are both legal entities. Apart from that, the amount of compensation borne by hospitals and health resources has not been regulated in the provisions, so it needs to be determined jointly by both parties because both parties have legal responsibility.
THE AUTHORITY RECONSTRUCTION OF JUDGES IN DETAINING CHILDREN BASED ON THE JUSTICE VALUE Agus Sugiarto; Asep Hermawan; Yanto Irianto
Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i2.33297

Abstract

The purpose of this study is to determine the Authority Reconstruction of Judges in Detaining Children with the Justice Value. This research uses a normative approach. The resulting research states that the authority of judges including Appellate Judges or High Court Judges in detaining defendants is contrary to the principle of presumption of innocence, detention is the realm of presumption of guilt which can only be used by investigators and public prosecutors, if the judge is burdened with the authority to carry out detention, then The judge is no longer independent, because in his decision he will take into account the detention that has been carried out, even the detention carried out by the judge is within his authority, The ideal reconstruction of the judge's authority in carrying out detention based on the principle of presumption of innocence and the value of justice, is to revoke the judge's authority to detain the defendant and delegate it to the public prosecutor.
LEGAL PROTECTION AND WELFARE IN EDUCATION: A POST-PANDEMIC RECOVERY PERSPECTIVE ON IMPLEMENTING LAW NO. 14 OF 2005 Wartoyo, Franciscus Xaverius; Prasetyo, Teguh
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.36117

Abstract

Legal protection for teachers and lecturers in the post-COVID-19 pandemic period needs to be pursued, because it is part of improving their welfare in addition to safety in every activity and task. As referred to in article 14 paragraph (1) point e "Law No. 14 of 2005 concerning Teachers and Lecturers which includes legal protection, professional protection, occupational safety and health protection, and intellectual property rights (IPR)". This study intends to describe how the development of education in the implementation of Law No. 14 of 2005 concerning Teachers and Lecturers is viewed from the rights and obligations in the perspective of dignified justice. Research methods used normatively and empirically and literature review that supports descriptive exposure to strengthen argumentation and persuasion that explains facts in the field and the results of relevant data collection from various applicable legal sources. The COVID-19 pandemic has ended with Presidential Decree No. 17 of 2023, but the impact felt on teachers and lecturers, especially private universities, is still being felt today. The duties of teachers or lecturers, both public and private, have the same duties, it's just that the obligations are different, where it is determined by the conditions of each institution that houses the public and private. The task of the state in this case is that policy makers who oversee the education and private sectors through  their corporate social responsibility (CSR) would be nice to facilitate and support the duties of teachers and lecturers, because the duties of teachers and lecturers have the same duties, but judging from private universities in their operational management is still determined by the foundation of the university, especially related to the tri dharma of higher education and needs to be considered The welfare of its human resources, thus as a suggestion to pay more attention to supporting the welfare of human resources of private universities, land and building tax subsidies, electricity subsidies, rewards for authors of the Scopus journal, Sinta, or special grants for private universities, in order to restore the management of private universities, especially financial management operations so that they can compete with state universities. In implementing Law No. 14 of 2005 concerning Teachers and Lecturers, especially in the post-COVID-19 pandemic, private educational institutions are expected to get special attention and for private educational institutions the impact is very influential, especially in the field of financial management, in order to harmonize their financial management as before the COVID-19 pandemic, especially for teachers and lecturers who obtain welfare from private educational institutions in order to harmonize rights and obligations as stated in Law no. 14 of 2005 and realizing alenia 4 "educating the life of the nation" NRI Constitution 1945 and Pancasila which are justice-oriented with an intention.
THE REFORMATION OF MEDICAL ORGANIZATIONS IN OMNIBUS LAW ON HEALTH: SINGLE OR MULTI-BAR Rikko Hudyono; Suparnyo Suparnyo
Jurnal Pembaharuan Hukum Vol 10, No 2 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i2.32043

Abstract

The Omnibus Law on Health had been approved which in consequence allow other medical professional organizations to be established as doctors’ right to organize in which may provoke ethical problems. The recent Omnibus Law on Health enabled opportunity for multi-bar organizations; even it was in accordance with single-bar system. This paper aims to review the medical professional organization system in the Omnibus Law on Health which is most in line with the freedom of association and does not reduce the right to health as a human right that must be accepted by the wider community. The author argues that the emergence of several professional organizations as embodiment of doctor’s right may not suitable as it may procure ethical ambiguity. However, the compulsion to join single organization per se was a violation of our Constitution. In this case, we need the highest regulatory and controlling authority from the State to preserve the public interest. The concept of this federal multi-bar association may solve this problem.
THE LEGAL EFFECTIVENESS OF LAND REDISTRIBUTION IMPLEMENTATION EX-CULTIVATION RIGHTS TITLE IN SEMPU, BABADAN AND SUGIHWARAS VILLAGES KEDIRI, EAST JAVA Nurbaedah, Nurbaedah
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.33662

Abstract

This research aims to analyze the effectiveness of the implementation of land redistribution ex-Cultivation Rights Title as well as analyze its obstacles and solutions in Sempu, Babadan, and Sugihwaras Villages, Kediri, East Java. This study used empirical research methods with primary data as the main data. This research data uses primary data, namely interviews and secondary data which include laws, regulations on agrarian affairs, books and journals that study agrarian reform. The results of this study explain that the priority of implementing agrarian reform for ex-Cultivation Rights Title land that has expired its Cultivation Rights Title and within 1 year has not applied for a permit extension. The implementation of land redistribution in Sempu, Babadan and Sugihwaras Village, Kediri, East Java approximately 1,766 fields of former Cultivation Rights Title of PT Sumber Sari Petung has been 100% completed. The utilization of this former Cultivation Rights Title land is still used as agricultural land. The implementation of land redistribution of ex-Cultivation Rights Title to Use Enterprises in these three villages legal effectiveness has been achieved because redistribution can resolve agrarian conflicts. The obstacles encountered in land redistribution are limited human resources and limited time to complete land redistribution. The significance of this research lies in the importance of public and private sector participation in supporting the implementation of land redistribution, so that it can optimally realize agrarian reform.

Page 36 of 45 | Total Record : 449

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