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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 DISPUTES RESOLUTION AGAINST PARTIES OF DIFFERENT CITIZENSHIP Annie Myranika
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.v10i2.31429

Abstract

The agreement is carried out by the agreement of both parties which has binding legal consequences and is valid according to law, if the parties do not comply with or violate the provisions agreed upon by both parties, a default arises. The issue that will be raised in this research is the settlement of evidence against default cases in court with parties of different nationalities based on judges' considerations in deciding default cases between parties of different nationalities, and the legal consequences of these defaults. This study aims to identify and analyze the settlement of defaults on differences in citizenship status from the perspective of international private law and the legal consequences of default. This research approach method uses qualitative research with primary data materials and secondary data materials which are analyzed using literature studies and normative juridical approaches that refer to applicable law.
LEGAL PROTECTION OF MARRIAGES BETWEEN EMPLOYEES OF ONE COMPANY BASED ON CONSTITUTIONAL COURT RULING NO. 13/PUUXV/2017 AND LAW NUMBER 13 OF 2003 Mofea, Sukhebi
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.v10i3.33426

Abstract

In managing its employees, every company has several policies, such as regulating employees who cannot marry within the same company for reasons of reducing conflict, subjectivity, corruption and nepotism. This writing aims to find out and analyze the legal protection of marriage between workers in a company which is analyzed using legal studies. The research method used is normative legal research with a statutory approach and uses a library method that is analyzed juridically. The results of the research are a form of legal protection for husband and wife who work in the same company and legal protection for workers or laborers, namely protection of the right to terminate employment relations, workers/laborers have the right to receive compensation from the employer in the event of layoffs, compensation consisting of severance pay, money long service awards and compensation money for workers' rights.
ONE SOLUTION OF DIGITIZING LAND SERVICES TO PREVENT LAND MAFIA IN NIGERIA Kehinde, Olatunji Austine
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.v11i1.35902

Abstract

This research aims to analyze the solution of digitizing land services to prevent land mafia. The approach method used in this research is a sociological juridical approach. The research specifications used are analytical descriptive research. This type of data uses primary data and secondary data obtained through interviews and literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The implementation of digitization of land services is carried out through a special agrarian internet site. Currently, the Ministry of Agrarian Affairs has implemented four digital land services, including Electronic Mortgage Rights, checking certificates, Land Registration Certificates, and Land Value Zone information. There are two electronic services that will be added by the AGRARIAN Ministry, namely land sale and purchase deeds and transfer of rights. The implementation of digitalization of land services at AGRARIAN AGENCY Nigeria, apart from using a special agrarian internet site, is also carried out through the Touch application. Touch My Land is an application created to answer various community land problems. 2) The effectiveness of digitizing land services to prevent land mafia can effectively prevent land mafia practices and achieve the strategic goals of the Ministry of Agrarian Affairs.
THE UNDERSTANDING CHILDREN AS BULLIES FROM A CRIMINOLOGICAL PERSPECTIVE Sulastri, Lusia
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.v11i2.35457

Abstract

The phenomenon of violence in Indonesia does not only occur among high school and middle school teenage students; even at the elementary school level, the phenomenon of bullying occurs. This research is aimed at finding out the causes of child bullying from a criminological perspective and overcoming bullying crimes committed by children at school. In fulfilling the research objectives, this research uses normative juridical methods. The research results show that the causes of child bullying from a criminological perspective consist of internal factors, namely children's egocentrism, revenge, parents who often punish their children excessively, stressful home situations, aggression, and hostility. Apart from that, external factors include discriminatory behavior among both teachers and students, a lack of supervision and ethical guidance from teachers, a large gap between rich and poor students, and very rigid discipline patterns. Dealing with bullying crimes committed by children at school must be given special treatment aimed at forming good attitudes and behavior in a penal manner by paying attention to the best interests of the child and a non-penal approach.
THE LEGAL PROTECTION AND DISPUTE RESOLUTION IN PEER TO PEER LENDING-BASED FINANCIAL TECHNOLOGY ASPECT Denny Suwondo
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.v10i2.33696

Abstract

The purpose of this research is to find out the legal protection for peer to peer lending consumers in Indonesia and analyze dispute resolution in peer to peer lending. This research was conducted using normative legal research methods. The author uses normative juridical research methods because the research is carried out on the norms that are materialized in the relevant laws and regulations. The results of this study are Legal protection for consumers of peer to peer lending-based financial technology consists of criminal legal protection, civil legal protection, and preventive legal protection with the establishment of rules or regulations that prevent the use of Fintech peer to peer Lending services as a means of economic crime. Fintech dispute resolution can be done by litigation and non-litigation.
THE LAW ENFORCEMENT IN OVERCOMING UNDERAGE PROSTITUTION CRIME Erniyanti, Erniyanti
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.v10i3.34613

Abstract

The purpose of this research is to analyzing legal enforcement in calculating the crime of prostitution under age, A child is very vulnerable to influence, various kinds of tricks the perpetrators try to trick their victims, with tantalizing false promises, so that the victim is hypnotized to follow the lust and evil plans of the perpetrators. Victims of child prostitution can be without or with the use of force, violence or deception because children are unable to give consent to exploit themselves. This research uses a normative juridical research approach. There are several important roles in overcodming or tackling child prostitution activities, namely from several government agencies, schools and families. We recommend that law enforcers in Indonesia be more assertive in tackling the occurrence of criminal acts of prostitution in children, the role of society and families is also needed in addressing the existence of prostitution in children by paying attention to their children and providing knowledge or insight into increasing religion in children.
THE LEGAL POLITICS ASPECT IN THE IMPORTANCE OF CONSUMMATION IN MARRIAGE LAW Sulistyowati, Sulistyowati; Maharani, Dewi Nadya
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.v11i1.36668

Abstract

Indonesia is a country of law (rechtsstaat). In terms of regulating its state, Indonesia uses various kinds of laws and regulations. This includes equality between men and women. This gives rise to the term equal protection principle or equality before the law, namely equality and equality of individuals and communities in the eyes of the law. The law relating to marriage and the rights and position of both a wife and a husband in the Civil Code was replaced by Law No. 1 of 1974 on marriage, which has now been revised by the law of the Republic of Indonesia No. 16 of 2019 on amendments to Law No. 1 of 1974 on Marriage (Marriage Law). However, this law has no sanctions if anyone does not comply with it. In this case, we need to amend the Marriage Act. This research is descriptive normative legal research. The theory used theory is the theory of the rule of law, the theory of the purpose of law, and the theory of law enforcement. Data collection techniques are Library Studies (library research).
THE RESTITUTION OF STATE FINANCIAL LOSSES IN LAW ENFORCEMENT AGAINST CORRUPTION CRIME Rahmayanti Rahmayanti
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.v10i2.32753

Abstract

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary way according to the procedure for returning and recovering State losses due to corruption. The objectives of this research are: To analyze the return of state losses in the process of law enforcement of corruption crimes, to analyze the recovery of state financial losses resulting from corruption crimes. The method of approach used in this research is normative juridical. Law enforcement in Indonesia, the return of state financial losses must be carried out, and in handling cases of corruption cases with the return of state financial losses, a statement of state losses from the Supreme Audit Agency is required, and there must also be a clear and accurate report so that it can be fulfilled that the state has suffered losses as a result of corruption cases. Law enforcers in recovering state losses due to corruption by maximizing the return of state losses by confiscating and tracing the assets of the defendant or convict, making the convict pay restitution, seeking public support for the eradication of corruption, equipping facilities and infrastructure for the eradication of corruption, regulating the authority of corruption eradication commission prosecutors and public prosecutors who are appointed and dismissed by the corruption eradication commission must be regulated strictly / based on the applicable law.
THE SETTLEMENT OF INDUSTRIAL RELATIONS DISPUTES: LEGAL ACTIONS FOR LABORERS IN DEFENDING THEIR RIGHTS Ali, Muhammad
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.v11i1.17181

Abstract

The aim of this research is to find out what potential legal actions can be taken by laborers in the settlement of their industrial relations disputes. The research method used a normative legal research design method or legal library research. The results and findings showed that legal efforts against laborers to protect their rights have several alternative solutions, the settlement of industrial relations disputes in Indonesia is characterized by a tiered approach that emphasizes resolution through dialogue and mutual understanding, before escalating to judicial intervention. The Bipartite process highlights the importance of direct negotiation between laborers and employers to maintain workplace harmony, while the Tripartite process involves government participation, aiming to foster broader cooperation and consensus among all stakeholders. Should these conciliatory efforts fail, parties are entitled to seek resolution through the courts, marking a transition to a more adversarial form of dispute resolution. Additionally, mediation serves as a critical preliminary step, mandated by Law Number 2 of 2004, to attempt reconciliation and find a mutually agreeable solution before resorting to litigation. Collectively, these mechanisms reflect a comprehensive and structured approach to managing industrial relations disputes, prioritizing peaceful resolution and the preservation of professional relationships, with the court system serving as a final recourse for unresolved conflicts. In the future of this research is to increase knowledge about the process of resolving industrial relations disputes involving laborers, as well as increasing the legal protection of laborers in industrial relations, especially those related to laborers' rights in termination of employment.
THE HARMONIZATION OF LAW ENFORCEMENT IN THE ERADICATION OF CRIMINAL ACTS OF CORRUPTION Siti Humulhaer
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.v10i2.31329

Abstract

The law enforcement in eradicating criminal acts of corruption must synergize with other institutions so as to create harmonization between law enforcers so as to create legal certainty and justice for all parties. This study uses qualitative research methods that use various sources such as laws and regulations, books and scientific articles which are analyzed using the literary method. The results and discussion of this study are that in terms of the direction of eradicating corruption in the future, laws and regulations regarding law enforcement officials must be harmonized in carrying out their investigative duties and functions. To find out the extent of the effectiveness of the law, the first thing that can be measured is "the extent to which the rule of law is complied with or not complied with", especially by law enforcers.

Page 38 of 45 | Total Record : 449

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