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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 AUTHORITY OF MILITARY COURT IN PUNISHMENT OF CORRUPTION ABUSE OF MILITARY HOUSING SAVINGS FUNDS Hosnah, Asmak ul; Hafidz, Jawade
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.v11i2.35804

Abstract

The purpose of this research is to determine the authority of the main military court in prosecuting violations of military conscription savings funds. The research method used in this research uses a normative juridical approach. The results of the research stated that the sentence had been carried out by a judge based on the provisions regulated in the Criminal Code and the Corruption Eradication Law. The examination carried out by the judge from the examination at the court of first instance to the appeal level has not been carried out in the form of reverse evidence. This is related to civil interests, namely PLTN, which is a private legal entity related to housing procurement, only carries out its obligations as a company appointed by the Army TWP Organization for the construction of Army housing. The military criminal justice system needs to be developed so that military judges can give civilians the opportunity to provide reverse evidence, which is the NPP's right as a defendant who does not have TNI status.
THE INDONESIAN ADVOCATES ASSOCIATION AS A CONSTITUTIONAL STATE ORGAN Sihombing, Daniel Romi
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.v11i2.35756

Abstract

This research aims to analyze PERADI's position in the Indonesian constitutional law system and discover PERADI's authority as a constitutional state organ. This research is qualitative research with a normative juridical approach and data analysis techniques using descriptive analysis. This research concluded that PERADI is a state organ, and PERADI is classified as an Auxiliary agent, which has a special position and authority in its function as a state org General Election Commissionan. Institutions or organs established by the state to implement statutory norms as regulated in the provisions of Article 7 of Law No. 12 of 2011 as amended by Law No. 15 of 2019 concerning Amendments to Laws Number 12 of 2011 concerning the Formation of Legislation is a state institution or state organ. In a modern legal state, the government promotes and organizes general welfare, which Lemaire calls bestuurszorg. This has implications for government work becoming more extensive. The Indonesian Advocates Association, better known by the abbreviation PERADI as an advocate organization that was born from Law No. 18 of 2003, is part of the government's role in improving the welfare of society in the field of law enforcement so that it can be said that Peradi is a state organ that carries out state functions.
THE REFUND OF STATE FINANCIAL LOSSES DUE TO CRIMINAL ACTS OF CORRUPTION THROUGH AUDIT AGENCY AUDIT INVESTIGATION Kristiawanto, Kristiawanto
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.39434

Abstract

The aim of this research is to analyze the concept of returning state financial losses resulting from criminal acts of corruption based on Audit Board of the Republic of Indonesia audits and to analyze the form of follow-up to recommendations from Financial Audit Agency audit results regarding elements of state losses resulting from criminal acts of corruption. This research is normative research. The approach method used in this research is a statutory approach. The results of this research are the role of the Financial Audit Agency terms of returning state financial losses, the Audit Board of the Republic of Indonesia has the authority to make demands for compensation from parties proven to have committed unlawful acts which resulted in state financial losses through criminal law instruments, through civil law instruments or through administrative legal instruments. The Financial Audit Agency as the holder of audit power has the right to supervise the management of state finances and provide recommendations on audit results to the House of Representatives, Regional Representative Council and Regional People's Representative Assembly for political follow-up as a supervisory function and provide recommendations to law enforcers in the event of indications of criminal acts
THE ROLE OF LEGAL MORALITY IN RESOLVING BREACH OF MARRIAGE PROMISE CASES Tijow, Lusiana Margareth
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.v11i2.38386

Abstract

The concept of the Indonesian rule of law is grounded in the legal ideals of Rechtsidee Pancasila, as articulated in Article 1 paragraph (3) of the 1945 Constitution. This framework establishes Pancasila as the rechtsidee and the ultimate source of all legal authority in Indonesia. Consequently, every statutory regulation must embody and implement the values of Pancasila. The formation of law is not merely a technical process but an imperative moral demand, reflecting the necessity for all individuals to live in accordance with moral principles and just laws. Legal morality posits that the law exists to serve humanity, and when obstacles to justice arise, they must be addressed, whether in theoretical understanding or practical application. In the context of marriage promise cases, the application of legal morality through a restorative justice approach is crucial. This method aims to achieve fair restorative justice, protecting the dignity and honor of women affected by breaches of marriage promises. The law, when applied with moral integrity, convinces the parties involved that it represents the most ethical solution. Restorative justice principles, when applied to marriage promise cases, seek to create a just outcome by providing a win-win solution for both perpetrators and victims. This approach avoids the escalation of conflicts and prevents the accumulation of unresolved cases within the legal system. One of the practical applications of Pancasila values in this context is the emphasis on deliberation and consensus, aiming to achieve justice for all parties involved. Settling disputes through restorative justice, particularly penal mediation, offers a faster, less costly, and more effective resolution compared to conventional civil mediation processes.
THE POLITICS OF JUSTICE-BASED INTERNATIONAL BANKRUPTCY LAW Soetoto, Erwin Owan Hermansyah
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.39589

Abstract

The purpose of this study is to analyze international legal regulations regarding cross-border bankruptcy that are not yet fair, and to analyze international bankruptcy legal policies based on justice that can be applied effectively in a cross-border context. This study uses normative legal research. The results of this study are differences in the application of the territorial principle and the universality principle in various countries can cause injustice to debtors and creditors. The territorial principle can make it difficult for debtors who have separate assets in several countries, so they have to face bankruptcy processes separately in several countries, while the universality principle can cause injustice because creditors can be harmed by the application of the debtor's original law which is more beneficial to the debtor. Restorative justice emphasizes the restoration of losses for the injured party. The restorative justice approach can help reduce conflict in the international bankruptcy process and encourage solutions that prioritize mediation in its resolution. With the restorative justice approach, it is expected to provide justice for all parties.
IMPEACHMENT PATTERN OF REGIONAL HEADS IN INDONESIA USING REGIONAL AUTONOMY PARADIGM APPROACH Isnawati, Isnawati; Hidayati, Fatma; Setiawan, Adam
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.v11i2.31455

Abstract

The issue of the dismissal of regional heads is often discussed in several expert circles because, if examined carefully, several juridical issues need to be comprehensively studied. The involvement of the central government in the process of dismissing regional heads is actually counterproductive to the paradigm of regional autonomy. Regional autonomy is oriented towards the independence of a region to manage its regional affairs. This paper discusses the pattern of impeachment of regional heads in Indonesia using the regional autonomy paradigm approach. The type of research used is doctrinal legal research (black letter law), which focuses on determining the law on certain issues. The results showed that there are four patterns of impeachment of regional heads and/or deputy regional heads. First, the process of dismissing a regional head involves the role of the Regional People’s Representative Council (DPRD) and the Central Government. Second, the dismissal involves the roles of the DPRD, Central Government, and Supreme Court. Third, the temporary dismissal of regional heads only involves the role of the Central Government. Fourth, dismissal occurs through the DPRD’s right of interpellation and investigation if evidence of criminal law is found. This shows that the pattern of dismissal of regional heads and/or deputy regional heads is centralized and even negates the spirit of regional autonomy because the DPRD does not have a role in dismissing regional heads. Apart from that, there are no clear provisions regarding public involvement in the impeachment process, which tends to have political nuances, making it neither accountable nor transparent.
SOCIO-LEGAL CHALLENGES OF INDIGENOUS LAND IN WEST KALIMANTAN: CUSTOMARY PRACTICES AND NATIONAL LAW Kurniawan, Itok Dwi; Aldyan, Arsyad; Septiningsih, Ismawati; Rustamaji, Muhammad; Santoso, Bambang; Santos, Jose Gama
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.33860

Abstract

Customary law in the national legal system is undoubtedly fundamental to maintaining existence because customary law can also be applied to resolve conflicts in society. This research uses socio-legal methods, and the data obtained is based on data in the field through an interview process with several related parties. In contrast, for legal problems in this society, only some things can be resolved through a customary law approach. For example, in the Dayak indigenous community, several legal problems cannot be resolved according to custom, especially regarding unregistered land rights. These problems certainly cannot be solely resolved using a customary law approach. This certainly shows that customary law cannot necessarily accommodate the interests of Indigenous peoples because this is also closely related to legal certainty. Because they relate to legal certainty, they must be resolved through a positive legal approach, such as submitting a request to the court or an application to the relevant agency. This certainly happens because the legal awareness of regional communities in Indonesia is currently not very good; this leads to legal issues within indigenous communities that cannot be resolved through customary law.
ENSURING JUDICIAL INDEPENDENCE BY EVALUATING THE RECRUITMENT PROCESS AND LEGAL FRAMEWORK FOR JUDGES IN INDONESIA Sukmariningsih, Retno Mawarini; Nurudin, Agus; Irawan, Benny Bambang; Riyanto, Ontran Sumantri
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.v11i2.38395

Abstract

As the highest judicial institution, the Supreme Court exercises its powers freely and independently. Judges must have morals, principles of justice, and adhere to a code of ethics. Judges must uphold justice in resolving disputes or legal cases and ensure that society receives justice. As state officials, the recruitment process for judges should be separated from the recruitment of civil servants. The position of judges as state officials should be regulated comprehensively by law. This research examines the recruitment process of judges as independent implementers of judicial power. The research method used is descriptive, using qualitative data analysis with a normative juridical approach. Supreme Court Regulation Number 1 of 2021 concerning Amendments to Supreme Court Regulation Number 2 of 2017 concerning the Procurement of Judges regulates the need for judges in General Courts, Religious Courts and State Administration through the acceptance of Candidates for Civil Servants that needs to be improved. This need arises because there are no legal provisions regarding the recruitment of judges as state officials. In the future, provisions for the recruitment of judges should be regulated through Government Regulations so as not to impact the independence of judges as implementers of judicial power.
COMBATTING CORRUPTION IN INDONESIAN REGIONAL GOVERNANCE: STRATEGIES, CHALLENGES, AND PATHWAYS TO STABILITY Wijanarko, Dwi Seno
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.v11i2.39311

Abstract

This study investigates initiatives aimed at the local government level to end criminal acts of corruption. The persistence challenge of corruption in Indonesia especially within the regional governance still happening despite extensive anti-corruption initiatives in the country. By examining the multifaceted modus operandi across the local government it will uncovering the menacing threat that corruption poses to the stability of the regional governance, if not, the country. Analyzing how well local governments use procedures and techniques to combat corruption is the primary goal of their research.  The study results offer a comprehensive understanding of the difficulties and roadblocks encountered in attempts to end corruption on a regional scale. Furthermore, this study also finds contributing elements that can boost anti-corruption initiatives' efficacy. The anticipated outcomes are anticipated to enhance comprehension of the mechanisms involved in eliminating corruption at the local government level and offer a foundation for enhancing policies and putting them into effect.
THE POSITION AND EXAMINATION OF VILLAGE REGULATIONS IN THE INDONESIAN LEGAL REGULATION SYSTEM Ananda, Adhe Ismail; Ma’ruf, Umar
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.v11i2.34248

Abstract

The purpose of this research is to find out the position and testing of village regulations in the legal and regulatory system in Indonesia.When village regulations are studied in the perspective of the hierarchy of laws and regulations, they must refer to Law No. 12 of 2011 as amended by Law No. 15 of 2019 and Law No. 13 of 2022 concerning the Formation of Legislation (LcFL). However, in Article 7 paragraph (1) LcFL does not stipulate the existence of Village Regulations in the order of laws and regulations. This condition has implications for the unclear legal status and authority to review the village regulations themselves. Furthermore, the issuance of Law No. 6 of 2014 concerning Villages, the position and authority of villages is based on the principle of autonomy which directs the form of village independence including the authority to make policies on a locality scale in the form of village regulations. The research results show that although village regulations are not mentioned in the hierarchy of statutory regulations, village regulations can be said to be a further elaboration of higher statutory regulations. so that its existence is still recognized as a legal product, while testing village regulations is carried out using executive preview and executive review testing mechanisms. The executive preview and executive review mechanism is the authority of the Regent/Mayor which was born from the process of monitoring legal products in the village in a preventive and repressive manner.

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