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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 SOCIAL MEDIA ALGORITHMS & PERSONAL DATA PROTECTION: THE COMPARATIVE STUDY OF EUROPEAN UNION, CHINA & INDONESIAN LAW Setianingrum, Reni Budi; Nur Dewata, Mukti Fajar; Mashdurohatun, Anis
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.v11i1.31740

Abstract

The social media utilize algorithms to increase productive and targeted promotions which regulate the flow of information circulating in the system, and usually record user habits and monitor their personal activities for business profits. This phenomena raise issues amongst academia about the importance of user confidentiality governance in social media. This research is a normative research using conceptual approach and statutory approach, aims to examine whether an algorithms system breach of personal data protection law in European Union, China and Indonesia. The result of this research is the use of algorithm is not explicitly prohibited in European Union States, China and Indonesian Law. Normatively, algorithms utilization do not breach the data protection law in these three countries as long as it uses with user permission, uses for legal reason, provide explanation and protection to the user personal data.
REALIGNING INDONESIAN WASTE-TO-ENERGY POLICIES WITH SDG 11: ANALYSIS OF LEGAL COMPLIANCE AND ITS IMPLICATIONS Sudirman, Lu; Hutauruk, Rufinus Hotmaulana; Alhakim, Abdurrakhman; Tan, Winsherly
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.v11i2.36832

Abstract

To date, Indonesia is still grappling with waste management issues, which is a significant obstacle to realizing Sustainable Development Goals (SDG) 11. One of the ways to deal with this issue is through the development of the waste-to-energy (WtE) system, which can be utilized to transform waste into precious energy resources. However, this system must also be supported with robust legal compliance to ensure that its development is not solely focused on generating profits through energy production but also meets its noble purpose of improving sustainability as conceptualized within SDG 11. This study utilizes the normative legal research method, along with a statutory approach. Analysis of this study finds that the current Indonesian legal framework is insufficient in providing a robust mechanism of compliance to ensure that the waste-to-energy system can contribute to the broader waste-management issues and their ramifications, specifically due to the lack of recognition of the unique intricacies of the development of WtE systems, along with the lack of normative implementation of SDG 11. The paper proposes a model of normative construction to cover these issues as a way of ensuring growth and environmental sustainability in Indonesia, particularly regarding waste management.
THE LEGAL STUDY OF ALLEGED MALPRACTICES IN THE PROCESS OF MAKING AUTHENTIC DEEDS OF SALE AND PURCHASE Tjandraningsih, Dewi
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.v10i3.33489

Abstract

The notaries who are suspected of committing acts of malpractice in their official duties, either intentionally or through negligence and violating Law No. 2 of 2014 concerning the Position of Notaries, can result in losses for the parties and can complain to the Notary Honorary Council and the police. This research aims to determine and analyze the authority of notaries in making authentic deeds, and legal certainty for the parties in an authentic deed. The research method uses normative legal research with a legislative approach that uses legal sources with library methods which are then analyzed to obtain a conclusion. The results and conclusions of the research are that a Notary is a public official who has the authority to make an authentic deed based on attribution or Law No. 2 of 2014, apart from that, authentic deeds are required by statutory regulations in order to create legal certainty, order and legal protection, so that the meaning of legal certainty will be properly actualized if the parties understand what is the purpose of the deed.
DEVELOPMENT OF THE HERITAGE CENTER AS BANKRUPTCY CURATOR Wijayanta, Tata; Adistia, Sheva Trisanda
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.v11i1.34435

Abstract

This study aimed to find out and analyze the implications of the regulation of the Curator in Law No. 37 of 2004 on the Semarang Heritage Agency and the development of the Heritage Agency as bankruptcy curator. This study was empirical normative legal research that combined normative legal research and empirical legal research presented in a descriptive qualitative analysis. This research found that the change in Law No. 37 of 2004 was to add another curator besides the Heritage Agency. The results of the study and discussion show that the implication of setting the curator as the administrator and insolvency of bankruptcy assets is that the number of cases handled by the institution is divided into two, but in practice it is less than the curator and the developments that occur at the Property and Heritage Agency of Semarang in general are with the tasks of administering third party money and specifically the separation of duties on heritage and state curator (bankruptcy).
FULFILLING THE RIGHTS OF CHILD VICTIMS OF SEXUAL VIOLENCE IN THE CRIMINAL JUSTICE SYSTEM IN INDONESIA Krisna, Liza Agnesta; Wilsa, Wilsa; Rachmad, Andi; Aldino, Hanri; Hayati, Vivi; Zuleha, Zuleha; Nazarova, Lola G.
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.v11i1.36572

Abstract

Legal protection for children who are victims of sexual crimes is an essential aspect of the criminal justice system. This research examines the concept of legal protection for child victims of sexual crimes in Indonesia, focusing on both positive and progressive legal aspects. The study aims to understand the implementation of legal protection concepts for child victims of sexual crimes within the framework of positive law, as well as to explore the impact and effectiveness of progressive law in the same context. The research methodology adopts a descriptive normative approach, utilizing both primary and secondary legal sources. Normative analysis involves identifying relevant laws and regulations, such as Law No. 13 of 2006 on Witness and Victim Protection, Law No. 11 of 2012 on Juvenile Justice System, and Law No. 12 of 2022 on Sexual Violence Crimes. Data analysis employs qualitative methods, combining literature review and field research. The findings of this research affirm that despite existing laws governing legal protection for child victims of sexual crimes, implementation remains suboptimal, with various challenges yet to be addressed. Further steps are necessary to raise awareness, strengthen law enforcement, and ensure that the rights of child victims are upheld in accordance with principles of justice and human rights.
THE ADVOCATES' IMMUNITY RIGHTS IN INDONESIA'S CRIMINAL JUSTICE SYSTEM Mas Rara Tri Retno Herryani; Alwan Hadiyanto; Mas Subagyo Eko Prasetyo; Agus Saepul Alam
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.v10i2.33463

Abstract

The purpose of this study is to determine the factors causing the lack of protection of advocates' immunity rights in the criminal justice process, and to analyze the future protection of advocates' immunity rights in the criminal justice system. The approach method used in this research is empirical juridical method. In the future advocate immunity rights can be used adversarial system. Where the in-adversarial system can be subject to immunity. That the judge here is only a jury between the advocate and the public prosecutor who is trying to prove the charges and charges filed at trial. if there is a violation of the code of ethics, for example an Advocate is attacked or criminalized by the opposing party, then with this advesari system the advocate can prove that what an Advocate does is in accordance with the procedures and rules of law that apply is a system that is a legal umbrella for an Advocate where the Advocate can prove what he does in carrying out his profession in accordance with the law.
THE CRIMINAL LIABILITY FOR ILLEGAL BANKING ACCESS WHICH HARMS STATE FINANCES Manurung, Ridho Syahputra
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.v10i3.33808

Abstract

The misuse of developments in information technology has in fact given rise to a new mode of theft crime, namely the development of theft by certain parties who use electronic means. The purpose of this research is to know and analyze the Scope of Cyber Crime by accessing electronic banking systems that harm the Bank's finances, Legal Protection for Banks That Suffer Losses Due to Actors Accessing the Bank's Electronic System, Criminal Liability for Cyber Crime Actors By Accessing Electronic Banking Systems That Harm State Finances. The research method used is library research (library study), in legal research the normative juridical approach method or library law. This crime is often perceived as a crime committed in the cyber area. The mode of operation of this crime continues to develop, along with technological developments. Crimes that arise as a result of the misuse of technological advances are cyber crimes by accessing electronic systems. Cyber Crimeas a crime that uses computer technology as the main component which is very detrimental and disturbing to society is a form of crime found in the mass media, namely all kinds of use of computer networks. Electronic Information and Transactions in the form of cellphones, laptops, internet. Because of this, Cyber Crime is often a reported modes of operation also vary, ranging from fraudulent sales of goods, embezzlement, fraud through stock investment, hijacking customers' ATMs and so on.
THE IMPLICATIONS OF LEGAL CULTURE IN LAW ENFORCEMENT BY JUDGES ON JUSTICE PERSPECTIVE Angkupi, Prima; Taufiq, Muhammad Shofwan
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.v11i1.33938

Abstract

This study aims to examine the relationship between judges' legal culture and its implications for justice in law enforcement in Indonesia, judges' legal culture includes values, beliefs, norms and practices that influence judges' decision-making in the judicial process and the implications of this judges' legal culture can have a significant impact on justice in the justice system. This research uses normative legal research methods with a legislative approach and literature study, and uses descriptive analysis by applying the deductive method.  Legal culture greatly influences the way judges think and their decision-making. Judges' legal culture refers to the norms, values, and views they espouse in carrying out their duties as law enforcers. This includes how they view the law, justice, and their moral duties as judges.
THE ROLE OF CORRUPTION EDUCATION IN COMBATING CORRUPTION CRIMES IN THE FUTURE Ina Heliany; Erwin Asmadi; Humala Sitinjak; Arief Fahmi Lubis
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.v10i2.32344

Abstract

To reduce corruption in the future, of course, it is necessary to provide anti-corruption education from now on, because education and public awareness are also important components in fighting corruption. The purpose of this paper is to analyze corruption education in combating corruption crimes in the future and handling corruption and anti-corruption education in various countries. The type of research used in this research is normative juridical. Normative juridical research is research that uses the legis positivist conception. Anti-corruption education in the future must be instilled in an integrated manner from primary to tertiary education Anti-corruption education in the future must be instilled in an integrated manner from primary to tertiary education. It is hoped that through education about anti-corruption from an early age, it can create a person who has a more introspective personality, so that when it is time to enter society, children are no longer easily influenced and have sufficient and correct knowledge about anti-corruption. Learning from China, Indonesia should also be able to fight corruption and eradicate this chronic disease from the country. In addition to a strong commitment from the country's leaders and law enforcers, China-style corruption eradication may be applicable in Indonesia. The preventing corruption through education in Indonesia and Malaysia is almost the same, namely through the internalization of anti-corruption values into certain subjects, while Singapore emphasizes more on character education.
THE LEGAL PROBLEMS OF TRADITIONAL CULTURAL EXPRESSIONS AS INTELLECTUAL PROPERTY WITH COMMUNAL OWNERSHIP Muryanto, Yudho Taruno; Kharisma, Dona Budi; Assidiqi, Imam Dzaki Hidayad
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.v11i1.32154

Abstract

This legal research aims to analyze arrangements regarding communal legal protection of traditional cultural expressions based on Government Regulation Number 56 of 2022 concerning Communal Intellectual Property, and it also seeks to identify legal problems in the practice of protecting Communal Intellectual Property in Indonesia where various cases of unilateral claims against the inheritance of Traditional Cultural Expressions by other countries, such as Malaysia's claim for Pendet Dance, Wayang Art, and Reog; Germany’s claim for Distinctive Ornamental Frame from Jepara; and China’s claim for Batik Pesisir’s motif. There find legal problems. First, the intellectual property legal protection regime in Indonesia is still individualistic. Second, Insufficient communal intellectual property legal instruments. Last, a low legal culture in Indonesian society. Based on these findings, that the government need to amendment the protection of Traditional Cultural Expressions of Communal Intellectual Property through substance reform in Act No. 28 of 2014 about Copyright and develop one database of Communal Intelectual Property.

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