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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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AN EFFECTIVE LEGAL IMPLEMENTATION AGAINST CYBERBULLYING PERPETRATORS AMONG ADOLESCENTS Widijowati, Rr. Dijan
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.v10i3.34351

Abstract

This research aims to analyze the legal aspects of cyberbullying cases involving adolescents in Indonesia using a normative approach. The study evaluates the effectiveness of existing laws, particularly the Electronic Information and Transactions Law (ITE Law) and related regulations, in protecting adolescents from cyberbullying. The primary objective is to contribute to the development of a more effective legal framework addressing cyberbullying among adolescents. The study's findings emphasize key results and important insights regarding the application of laws in handling cyberbullying cases, highlighting the significance of legal measures in safeguarding adolescents from online harassment.
CONSUMER PROTECTION LAWS IN COMMERCIAL TRANSACTIONS: EVALUATING THE CRUCIAL SIGNIFICANCE CONSUMER-CENTRIC COMMERCE REGULATIONS IN INDONESIA Widiarty, Wiwik Sri; Jian, Zang Huai
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.v10i3.35533

Abstract

In the context of daily commercial transactions within Indonesian society, the inherent activity of commercial transaction is omnipresent. This economic exchange predominantly involves two primary actors: the seller, functioning as a business entity, and the buyer, embodying the consumer role. Despite the ubiquity of such transactions, the imbalance in potential losses, particularly on the part of consumers, underscores a pressing concern. In response, Indonesia has instituted consumer protection laws to safeguard the rights of consumers. Nevertheless, a substantial knowledge gap persists among the populace regarding the critical significance of these legal provisions in the commercial transaction milieu. To bridge this awareness deficit, the researcher embarked on an inquiry aimed at elucidating the indispensable nature of consumer protection laws for both sellers operating as business entities and buyers assuming the consumer role. This article delves into the essence of commercial transaction, explicates the underpinnings of consumer protection laws, and articulates their pivotal role for sellers and buyers alike. By employing a descriptive methodology, this research illuminates pertinent concepts and conducts analyses to underscore the indispensability of consumer protection laws from both vantage points. The findings underscore that consumer protection laws are integral to the integrity of commercial transaction.
THE EFFORTS TO PREVENT CHILD KHALWAT VIOLATION BY WILAYATUL HISBAH IN LANGSA CITY Marlina, Marlina
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.v11i2.36638

Abstract

The hildren are the nation's next generation who must be protected by the state and society so that children grow and develop. Normative juridical and empirical juridical research methods using in-depth interviews with WH, Islamic Sharia services, Sharia courts, the community and children. Research shows that Qanuns regarding the role of WH in preventing khalwat violations by children in Langsa include Qanun No. 6 of 2014 concerning Jinayat Law, Qanun No. 7 of 2013 concerning Jinayat Procedural Law, Qanun No. 11 of 2002 concerning Implementation of Islamic Sharia in the Sector of Aqidah, Worship and Sharia of Islam, Qanun 14 of 2003 concerning Khalwat, Law No. 11 of 2006 concerning Aceh Government Law, Law No. 5 of 2007 concerning Organizational Structure and Work Procedures of Services, Technical Institutions. Aceh Governor's Decree No. 1 of 2004 concerning the Organization and Work Procedures of Wilayatul Hisbah. The role of Wilayatul Hisbah in preventing khalwat violations is by providing guidance, supervision, implementation of Islamic law as well as raids and arrests through collaboration with the police, which are then submitted to the customary law. Obstacles faced by Wilayatul Hisbah in implementing the prevention of khalwat violations against children in Langsa include limited time to carry out supervision, lack of professionalism in carrying out tasks, limited budget, lack of public understanding about khalwat and lack of public legal awareness about the importance of Wilayatul Hisbah.
CONSIDERATION OF JUDGES OF THE PANDAN RELIGIOUS COURT IN DETERMINING THE STATUS OF THE DEFENDANT / INVISIBLE APPLICANT: MAQASHID AL-USRAH PERSPECTIVE Imam Yazid; Nurcahaya Nurcahaya; Fikri Al Muhaddits
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.v10i2.34111

Abstract

This article aims to find out what the judge considers in determining the status of the defendant/respondent in absentia. Then, the consideration is analyzed using the maqashid al-usrah theory which is part of the maqashid al-syariah study. The judge's consideration referred to here is the consideration of the judge of the Pandan Religious Court, which is limited to occult divorce cases, to be precise Decision Number 33/Pdt.G/2020/PA.Pdn and Decision Number 24/Pdt.G/2020/PA.Pdn. This decision is interesting to discuss, because the entire determination of the invisibility limit in the Pandan Religious Court does not have a definite time limit, including these two decisions. The methodological flow of this research uses a normative legal research format, with primary legal materials (secondary data), Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, and copies of Decision Number 33/Pdt.G/2020/PA.Pdn and Decision Number 24/Pdt.G/2020/PA.Pdn. The results of the study show that in the two decisions, it must be distinguished between the judge's consideration in determining the status of the defendant/respondent in occultation and the judge's consideration in breaking the marriage bond between the litigants. Regarding the determination of the status of the respondent/applicant as invisible, it turned out that the judge was not guided by Islamic law (fiqh mazhab), but rather the general civil procedural law. As for the reason for dissolving the marriage, the judge saw that the marriage of the litigants no longer fulfilled the elements to achieve the purpose of marriage; if the family is maintained, it will bring mafsadah. It can be concluded that the judge's consideration in each decision is in accordance with maqashid al-usrah.
THE COMPARATIVE LAW ON THE CRIME OF SEXUAL VIOLENCE BETWEEN INDONESIA AND THE UNITED KINGDOM Sahlepi, Muhammad Arif; Nurita, Cut
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.v10i3.35287

Abstract

The sexual violence is often experienced by women although it does not rule out the possibility that men can also experience sexual harassment. Each country has different regulations from one another regarding the definition, regulation and punishment of the Crime of Sexual Violence, as well as Indonesia and the United Kingdom. The type of research used is normative legal research or juridical normative, namely legal research based on examining library materials or secondary data materials which include research on legal norms. The purpose of this research is to analyze the legal regulation of criminal acts of sexual violence in Indonesia and legal comparison of criminal acts of sexual violence between Indonesia and the UK. So far, cases of sexual violence that mostly occur against women and children, including boys, are often just drowned and difficult to reveal. When they enter the legal process, it is not necessarily going to provide justice to victims. There are things done in the UK that Indonesia can emulate. For example, the Reynhard case came to light because at the University of Manchester there is a telephone complaint service, which offers support for victims of sexual violence or for those affected. 
LEGAL STATUS OF LAND RIGHTS IN FOREST AREA CLAIMS POST CONSTITUTIONAL COURT DECISION NUMBER 34/PUU-IX/2011 Sadino, Sadino; Machmud, Aris
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.v1i1.35559

Abstract

The formulation of the problem in this research is how the government should implement the Constitutional Court Decision regarding forest control by the state in protecting the constitutional rights of affected citizens. This research uses a form of normative legal research with a statutory regulatory approach related to the process of determining an area or land as a forest area. The result is that the state’s claims to areas that have customary law rights must be protected, respected and fulfilled by the rights of customary law communities; as long as the rights of customary communities actually exist and their existence is recognized. Constitutional Court Decision No. 34/PUU-IX/2011 revised Article 4(3) of Forestry Law No. 41/1999, impacting subsequent forestry legislation, like Law No. 11/2020. It upholds indigenous community rights, granted based on statutes and without national interest conflicts. If such rights exist, the government must first negotiate fair settlements with rightful holders. Thus, these communities rights are granted based on the provisions of statutory regulations invitation and does not conflict with national interests according to the Constitutional Court Decision.
THE RELEVANCE OF JAMAL AL-BANNA ISLAMIC LEGAL THOUGHT IN RELIGIOUS MODERATION Amrar Mahfuzh Faza; Asmuni Asmuni; Zainul Fuad
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.v10i2.32626

Abstract

This research examines the principles of Islamic legal thought of Jamal al-Banna with the aim of knowing the relevance of the principles of Islamic legal thought to the principles of religious moderation in Indonesia. The purpose of this research is to analyze the Intellectual Biography of Jamal al-Banna and the Principles of Islamic Legal Thought of Jamal al-Banna Relevant to the Principles of Religious Moderation in Indonesia. This research is a doctrinal Islamic law research using historical (historical) content analysis approach. The primary data source for this research is the work of Jamal al-Banna himself namely Naḥwa Fiqh Jadîd and the book Religious moderation authored by Research and Development Team of the Ministry of Religion of the Republic of Indonesia.This research is also supported by secondary sources in the form of works related to the topic of study. Religious moderation is actually the essence and substance of religious teachings which are not exaggerated at all, either in perspective or attitude. This study concludes There are 2 (two) textually the principles of Islamic legal thought of Jamal al-Banna that are relevant to religious moderation in Indonesia, namely: justice and tolerance. As for substantially there are also 2 (two), namely: the value of the principle of "facilitating" is the same as Tawassut and compassion is the same as the principle of equality (musawah/egalitarian).
POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS (PKPU) IN INDONESIAN BANKRUPTCY LAW: STRATEGIC APPROACH TO ADDRESSING BUSINESS CHALLENGES Nainggolan, Bernard
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.36015

Abstract

This research aims to determine the potential for implementing Payment Postponement (PKPU) when the economy is sluggish and to find out the challenges faced by business entities. By using a normative juridical approach with a philosophical and conceptual perspective, this research reveals critical insights. These findings underscore the important relationship between PKPU and bankruptcy as a reasonable solution for debtors experiencing difficulties. However, in this solution there are latent risks that can be detrimental. Therefore, the debtor's careful behavior is very important in dealing with this dangerous situation. This research emphasizes that the option to carry out debt restructuring or financial restructuring carries relatively lower risks for debtors, thereby placing them in an advantageous position. Instead, PKPU appears as a viable solution, although it is best done as a last resort. This research highlights the dynamics that exist around the use of PKPU, highlighting the potential as well as the associated risks. The report advocates informed decision-making among debtors, by emphasizing the importance of choosing debt settlement strategies with the least risk.
THE “UNJUST ENRICHMENT” IN INTELLECTUAL PROPERTY RIGHTS: A PROPHETIC LEGAL PARADIGM Made Jayantara; I Gede Agus Kurniawan; Putu Aras Samsithawrati
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.v10i2.30673

Abstract

The purpose of this study is to analyze the implications of the concept of Unjust Enrichment in the realm of intellectual property rights and the orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights from a prophetic law perspective. This research is a normative legal research using a case, concept, and statutory approach. The results of the study state that the implication of the concept of Unjust Enrichment in the realm of intellectual property rights is intended to protect creators of works or holders of intellectual property rights, especially in fulfilling economic rights. The orientation of the application of the concept of Unjust Enrichment in the realm of intellectual property rights in the perspective of prophetic law is that the Supreme Court Decision which becomes jurisprudence must be a guide and guide for judges in resolving cases related to Unjust Enrichment in the realm of intellectual property rights. The main finding in this study is that three aspects of prophetic law, namely liberation, humanization, and transcendence are three aspects that must be met and considered in the application of the concept of Unjust Enrichment in all rules related to intellectual property rights, including the formulation of sanctions as well as legal remedies that can be taken if there is a loss suffered by the holder of intellectual property rights.
AN IMPLICATIONS OF THE DEBTOR'S DEFAULT ON THE EXECUTION OF TWO-WHEEL MOTORCYCLES WITHOUT A FIDUCIARY GUARANTEE CERTIFICATE Sanusi, Sanusi; Nuridin, Nuridin
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.v10i3.33598

Abstract

This research aims to explain to the public regarding fiduciary issues as well as the consequences that the finance company will receive if it assigns a debt collector forcibly withdrawing two-wheeled motorized vehicles without a fiduciary guarantee deed. This paper uses normative legal research with a statutory regulatory approach (Statuta Opproach). The results of this research show that the execution of the fiduciary guarantee object cannot be carried out whether they have a fiduciary guarantee deed or not, except based on the debtor's voluntariness or based on a court decision which says that the debtor is in default, This is based on the decision of the Constitutional Court which said the sound of article 15 paragraph (2) of Law No. 42 of 1999 is unconstitutional.

Page 39 of 45 | Total Record : 449

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