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Pembaharuan Hukum
ISSN : 23550481     EISSN : 25803085     DOI : -
Core Subject : Social,
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
LEGAL PROTECTION FOR PARTIES THAT MAKE BINDING AGREEMENTS FOR THE SALE AND PURCHASE OF LAND THAT HAS NOT BEEN CERTIFIED IN THE RESOLVING LAND PARCELS PROCESS Heriyanti Heriyanti
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i1.4675

Abstract

Land purchase binding agreement in practice is often made in the form of an authentic deed before a Notary, so that the Deed of Sale and Purchase Agreement is an authentic act that has the strength of evidence is perfect. It is intended by the parties to further provide protection and legal certainty for the parties to make. Because notaries in making an act impartially and safeguard the interests of the parties objectively. With the help of the notary of the parties make binding sale and purchase agreement will get help in formulating the things that will be agreed upon. The method used in this research is normative juridical approach to literature. Legal protection of the fulfillment of the rights of the parties where one party is in default under the agreement binding sale and purchase is dependent upon the strength of the agreement binding sale and purchase is made, that if made by deed under the hands of the protection in accordance with the protection of the deed under the hand, whereas if it is made by or in the presence of a Notary, the account will automatically become a notary deed so that the protection is in accordance with the power of protection against authentic deeds.
TINJAUAN YURIDIS PROSES PENGISIAN JABATAN GUBERNUR DAN WAKIL GUBERNUR DAERAH ISTIMEWA YOGYAKARTA MENURUT UNDANG-UNDANG NOMOR 13 TAHUN 2012 Akhmad Khisni
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i1.1480

Abstract

The Republic of Indonesia recognizes and respects the local government units that are special or specific regulated by law. The state also respects units of indigenous peoples and their traditional rights as long as they live and in accordance with the development of society and the principles of the Republic of Indonesia, which is regulated by law. Given the above, the implementation of local elections in the area affected by the units of indigenous peoples and the traditional rights all still alive and in accordance with the development of society.The dynamics of the special areas that must be respected by the state in accordance with Article 18 paragraph (1) of the Constitution of the Republic of Indonesia Year 1945, while the practical implications are the results of this study can be used as a recommendation Government  to review the legislation that is expected to accommodate matters relating to the electoral system that is privileged Regional Head.
PROFESSIONAL ETHICS AND LEGAL PROTECTION FOR NOTARY Soegianto Soegianto
Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i2.7897

Abstract

Notary is a profession that is authorized to make authentic deeds about all deeds, agreements and stipulations required by a general regulation or by the interested parties to be stated in an authentic deed, guarantee the certainty of the date, keep the deed and give the grosse, copies and quotations. Basing on the moral and ethical values of the Notary, carrying out the position of the Notary Public is a service to the community (client) independently and not taking sides in the field of notary, whose service is lived as a vocation based on the spirit of devotion to fellow human beings for the public interest and rooted in respect for dignity humans in general and notary dignity in general. In exercising its authority as a Public Official who makes an authentic deed, the Notary Public must uphold the Notary Ethics Code and be protected by Act Number 2 of 2014 amending the Law Number 30 of 2004 concerning the Position of Notary.
KONTROVERSI PUTUSAN MAHKAMAH KONSTITUSI TENTANG PERKAWINAN DI BAWAH TANGAN (Studi Tentang Hukum Perkawinan Antara Normatif dengan Empiiris untuk Menggali Maqashid-AL-Syari’ah dalam Upaya Mewujudkan fikih Indonesia) Ahmad Khisni
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research aims to identify and assess the normative legal review of the marriage under the hand, knowing the decision of the Constitutional Court and legal considerations as well as to understand and assess the various opinions pro and con about the Constitutional Court’s decision on marriage under the hand. The research method is an object of research is the decision of the Constitutional Court No. 46 / PUU-VIII / 2010, with the approach of case method approach and data collection techniques such as literature studies and decisions with qualitative analysis. The conclusion of this study is a marriage under the new hand a legal effect, namely a result that has the right to receive legal recognition and protection if they meet the Article 2 paragraph (2) of the Act. No. 1 Year 1974. The Constitutional Court argued Article 43 paragraph (1) of Law No. 1 Year 1974 should read: “children born out of wedlock only have a civil relationship with her mother and her mother’s family, as well as his father’s men who can be proved by science and / or other evidence according to the law have blood relations, including relations with civil his father’s family. Pros and cons of the decision of the Constitutional Court concerns only child of a child of the Sirri marriage not the result of adultery. Regarding the child of adultery did not have nasab relationship, guardian of marriage, inheritance and living with a man who caused his birth but has a legal relationship with his mother and his mother’s family
JURIDICAL REVIEW OF SHIFTED OFFENSE IN COPYRIGHT LAW NUMBER 28 /2014 Yati Nurhayati; Ifrani Ifrani
Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i3.4458

Abstract

The objective of this study are: First, to find the reasoning behind changes in offenses in the Copyright Law number 28 /2014. Second, reviewing the impact of offense changes and their influence on the enforcement of copyright in Indonesia. This study uses a normative juridical method. Normative legal research is carried out through qualitative descriptive. While the legal material is collected, sorted and subsequently studied and analyzed for content, to obtain the level of synchronization, the feasibility of norms, and the submission of new normative ideas.The results of this study are that the complaint offense in the 2014 Copyright Law is suitable considering that copyright is something unformed. When a complaint is imposed, the copyright owner must know the details of the object of his creation. The impact of the offense change has become a crucial factor in the enforcement of copyright law in Indonesia. Given that so far the application of normal offenses seems to be running in place because law enforcers become passive and with complaints offense, all stakeholders can protect the copyright of the creator.
KEBIJAKAN DAERAH DALAM PROGRAM PENGENTASAN KEMISKINAN DALAM RANGKA PENINGKATAN KESEJAHTERAAN RAKYAT BERDASARKAN UNDANG UNDANG NO 13 TAHUN 2011 DI KABUPATEN DEMAK Sri Kusriyah; Dina Aulia
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i3.1509

Abstract

Efforts to prosper the poor to this day is still partial scattered in various provisions of legislation, so it is necessary a law that specifically regulate the poor. This research is a descriptive empirical research specifications of the data collection techniques that are exposure, aims To obtain a complete picture of the legal situation prevailing in a particular place. A descriptive study is intended to provide as much data as possible about humans, circumstances or other symptoms. Data analysis techniques using quantitative data analysis methods.Based on the results of research and analysis that has been done can be concluded that the strategic policy of the region in poverty alleviation programs based on Law No. 13 of 2011 on Fakir Poor in Demak District is still very minimal because new in 2013 is being discussed on the Draft of Regional Regulation on Poverty Reduction, Obstacles faced in the implementation of poverty alleviation programs based on Law No. 13 of 2011 on the Poor in Demak Regency is the lack of regulations that support poverty alleviation and the lack of budget APBD..
PERSPEKTIF TEORI KEWENANGAN DEWAN PENGAWAS SYARIAH (DPS) DALAM RANGKA PENEGAKKAN PRINSIP-PRINSIP SYARIAH PADA LEMBAGA PERBANKAN SYARIAH aryani witasari
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1340

Abstract

Indonesia is the largest Muslim country in this world, since approximately 25 years ago trying to get out of the slump economic problems. One of the efforts was to fix the economic system by implementing Sharia system. The formulation of the problem is: What are the principles of Sharia to be enforced in the Islamic banking institutions? How theory perspective authority for DPS duty on Islamic banking institutions. Results shows that: general principles that must be upheld by Islamic banks is to avoid the usury and uses a system of revenue sharing as well as buying and selling. In order upholding Islamic principles that must be run by Islamic banks, it needs supervision that run by the Sharia Supervisory Board (DPS). DPS task as the supervisory board on Islamic banking is the attribution of authority. DPS is authorized by the original authority derived directly from law, Article 27 PBI No. 6/24 / PBI / 2004, which outlines the duties, powers and responsibilities of DPS, DPS Presence is what differentiates it from conventional banks. DPS is independent and equal position with BOC.
REGULATION OF THE LEGALITY OF MICRO, SMALL AND MEDIUM ENTERPRISES THROUGH THE ONLINE SINGLE SUBMISSION SYSTEM TO INCREASE COMPETITIVENESS Amin Purnawan; Siti Ummu Adillah
Jurnal Pembaharuan Hukum Vol 7, No 2 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i2.10990

Abstract

The purpose of this paper is to review the regulation of the legality of micro, small, and medium enterprises (MSMEs) through the Online Single Submission System (OSS) to increase competitiveness, as well as to analyze barriers and solutions. The research method used an empirical juridical approach, the collected data were analyzed by descriptive analysis. The results showed that the problematic implementation of the regulation of MSME business legality registration through the OSS System was mainly due to the lack of socialization and education to MSME entrepreneurs regarding the obligation to register permits through OSS. This affects the compliance of MSMEs in processing their business permits. The solutions that need to be done include increasing the socialization of Integrated Electronic Business Licensing Services/Online Single Submission. MSME players need to be empowered through human resource development, capital support, production and productivity, business protection, partnership development, business networks and marketing as well as business legality, especially registration of business licenses through the Integrated Electronic Business Licensing Service.
PENERAPAN BERBAGI KEUNTUNGAN DAN KERUGIAN DALAM PEMBIA AAN MURABAHAH DI BANK S ARIAH INDONESIA Ahmad Supriyadi
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i1.1658

Abstract

The research on profit and loss in the transactions of Islamic banks aims to explore the applicationof the law and find the factors of application of the law of sharing profit and loss in murabahahfinancing in Bank Syariah Indonesia that has not provided justice. Is a qualitative empirical lawresearch with problem solving approach through case approach, normative, juridical and thetype of research is field research or field research, then do also observation and analysis withinductive method so that problem formulated can be resolved. The result of this research isthe application of law about share of profit and loss in murabahah financing in Bank SyariahIndonesia has not give justice factor is three things that is weakness from side of law substance,legal structure and law culture.
TINJAUAN KRITIS HUKUM PIDANA TERHADAP MEDIA PENYIARAN YANG BERDAMPAK PADA TINGGINYA TINDAK KRIMINALITAS DI INDONESIA Herwin Sulistyowati
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i3.1367

Abstract

The development of broadcast media in Indonesia is relatively rapid, with many institutions have sprung up television and radio. The effect of the dominant society because some people almost time spent watching television is. do not be surprised if anyone wants to put his desires leewat, broadcast this. Although Law No. 32 of 2002 on Broadcasting has granted the protection of the law, but in terms of restrictions and oversight to date does not seem serious and less. So many impressions should not deserve to be shown, and in fact could be in the realm of criminal because it was forced to watch public undesirable. The number of cases of murder, rape, drug-like effect is not spared from watching television, far from the reach of entrepreneurs. How sad when screening for children crammed with cartoon pictures of a princess dress half body, or run a criminal offense is still wearing the "blur", though disguised, but still leaves a curiosity. Criminal Policy is expected to give the desired result, but also in the sense of considering the effectiveness of criminal sanctions for the benefit approach.

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