Pembaharuan Hukum
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.
Articles
449 Documents
<![CDATA[THE LEGAL STATUS OF UNCERTIFIED LAND IN INDONESIA: CHALLENGES AND PATHWAYS TO OWNERSHIP CERTIFICATION UNDER AGRARIAN LAW ]]>
<![CDATA[Hadrian, Endang]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v11i2.38458
<![CDATA[Every individual has the right to private property, and these rights cannot be taken arbitrarily. Before the enactment of the Basic Agrarian Law (UUPA) in Indonesia, a dualism in agrarian regulations existed, leading to various forms of land tenure. One such form is "girik," a document associated with generational land ownership, often without an official land certificate. Girik land is typically inherited and lacks formal certification, creating potential legal complications. This research employs normative juridical methods, focusing on secondary data to examine the legal status of girik as land ownership evidence under Indonesian agrarian law. The study addresses two key questions: (1) What is the legal standing of girik as proof of land ownership under Indonesian agrarian law? and (2) How can the status of girik land be converted into a formal certificate of ownership? Findings reveal that the UUPA does not recognize girik as valid proof of ownership, as confirmed by Supreme Court Decision No. 34/K/Sip/1960. The research underscores the importance of formalizing girik land to prevent future legal disputes.]]>
<![CDATA[THE LEGAL PHILOSOPHY OF ENVIRONMENTAL MANAGEMENT BASED ON PANCASILA JUSTICE ]]>
<![CDATA[Mariane, Irene]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 2 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v11i2.38699
<![CDATA[Social justice in the environmental sector is a collective right, community empowerment in environmental management is a form of fulfilling community rights, especially communities whose areas have an impact on environmental exploitation. The aim of this research is to determine and analyze sustainable development in environmental protection and management in Indonesia, as well as to understand and analyze the legal philosophy of environmental management based on Pancasila justice. The approach method used in this research is normative legal research. The results of this research are the need for a holistic approach in environmental management and improving the quality of human resources to support sustainable environmental management, as well as integrating the principles of Pancasila with the concept of sustainable development and environmental management in Indonesia. Sustainable development aims to improve the quality and function of the environment, including its natural resources. The explanation, practice or application of Pancasila values in aspects of environmental management cannot be separated. The application of just and civilized human principles in everyday life can be realized in the form of concern for everyone's right to a good and healthy living environment; everyone's right to obtain environmental information relating to their role in environmental management; the right of every person to play a role in environmental management in accordance with applicable legal provisions]]>
<![CDATA[UNDERSTANDING ECONOMIC CRIMES: UNVEILING THE WORLD OF WHITE-COLLAR OFFENSES ]]>
<![CDATA[Hamja, Hamja]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v11i3.39908
<![CDATA[White-collar crime encompasses a broad spectrum of illicit activities conducted within the boundaries of a legitimate profession or financial system. The purpose of this study is to critically examine and analyze the ethical dimensions of economic offenses, seeking to foster a deeper understanding of the moral responsibilities inherent in positions of power and influence. Normative and empirical-juridical research methods are used to comprehensively investigate the phenomenon of white-collar crime. The results of this study are that white-collar crimes are usually committed by individuals who hold positions of authority, respect, and expertise in society. High-ranking officials are entrusted with significant responsibilities by the public to lead and fulfill their duties in an ethical and legitimate manner. officials abuse their power and privileges, acting in ways that undermine public trust and negatively impact the welfare of the state. In terms of criminal law enforcement, white-collar crime often manifests as malfeasance committed by individuals within the government bureaucracy or in collaboration with others. The consequences of such actions, especially in cases of corruption, can cause serious losses to the state's finances and are considered violations of the law, which are punishable under the provisions of the law governing the offense or crime.]]>
<![CDATA[THE NON-EXECUTABLE CIVIL DECISION: WILL THEY GET LEGAL CERTAINTY? ]]>
<![CDATA[Adiasih, Ning]]>;
<![CDATA[Kirana, Gandes Candra]]>;
<![CDATA[Rustamovich, Ehsonov Jasurbek]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v11i3.40154
<![CDATA[The aims of this research is to analyze the basis for judges' considerations in issuing non-executory civil case decisions and to analyze the legal consequences that arise after the civil case decision is declared unexecutable. This legal research is a type of normative or doctrinal research that is descriptive analytical in nature. The results of this study are that non-executory reasons are not directly regulated in the HIR/Rbg, these reasons are regulated in Book II, Edition 2013: Technical Guidelines for Administrative Courts and Technical Courts for General and Special Civil Courts. The legal consequences of civil case decisions that are declared unexecutable by the Court judge because the execution must be stopped on the grounds of error in objecto. The novelty in this writing is that a decision that contains an error in the object that causes the decision to lose its enforceable power, then based on Article 231 RBg, the judge must order the execution seizure of the land on which the execution order is placed to be revoked and then its status returned to its original state.]]>
<![CDATA[THE LEGAL STUDY OF INHERITANCE RIGHTS FOR CHILDREN OF SURROGATE MOTHER ]]>
<![CDATA[Sembiring, Idha Aprilyana]]>;
<![CDATA[Chairi, Zulfi]]>;
<![CDATA[Barus, Utary Maharany]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v11i3.38564
<![CDATA[A surrogate mother is an agreement between a woman who binds herself with a biological parents to instill of the fertilization on her womb. When the baby borned, must be handed over. According to Indonesian law, surrogacy is prohibited, it causes problems such as inheritance rights. The aims of the research are to examine the inheritance rights of children of a surrogate mother, with normative juridical research approach to examine research objects based on positive law, examining secondary data sources such as primary legal materials such as laws, secondary legal materials such as journals and results of previous research, tertiary legal materials are dictionaries and encyclopedia. descriptive analytical is used to describing phenomena and identifying patterns and relationships. This research was supported by interviewed competent informants. The qualitative analysis was used by analyzing information that cannot be measured. The results are the child is the heir of the surrogate mother because she gave birth to him viewed from a sharia perspective but from the lineage, the child is the heirs of their biological parents. The Civil Code regulates that inheritance rights will be determined by the status of the child, whether an illegitimate child or a legitimate child.]]>
<![CDATA[THE LEGAL PROTECTION FOR APPRAISERS: PREVENTION OF LEGAL CASES AFFECTING APPRAISERS ]]>
<![CDATA[Santoso, Ruddy Tri]]>;
<![CDATA[Widiastuti, Arum]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v11i3.40020
<![CDATA[The aims of this study is to determine the legal protection for appraisers in carrying out professional risks in accordance with regulations. The research method used normative juridical research results stated that the greatest risk faced by appraisers in Indonesia was in the field of land acquisition for public interest which was systemic and involves appraisers as the party most responsible for state losses caused by the issuance of the compensation value opinion, it was appropriate for the appraiser profession to obtain legal protection in the form of the issuance of the Appraisal Law to protect their work as a profession. Novelty in this study, the researcher proposes the importance of ratifying the Appraisal Law to minimize the risk of appraisers facing the law, both criminally and civilly. As a legal umbrella, the Appraisal Profession also regulates legal governance within the Appraisal Profession like other professions in Indonesia, including if there is a dispute, both criminally and civilly. The formation of the Appraisal Supervisory Board is a proposal so that violations of the Appraisal Standards can be implemented through an ethics hearing first by this body before reaching the inquiry and investigation stage, both civil and criminal.]]>
<![CDATA[THE LEGAL REVIEW OF INTRACEREBRAL ARTERIAL HEPARIN FLUSHING MEDICAL PROCEDURE AS A NON-EVIDENCE BASED THERAPY ]]>
<![CDATA[Sapan, Heber Bombang]]>;
<![CDATA[Husain, Bahtiar]]>;
<![CDATA[Rokhmat, Rokhmat]]>;
<![CDATA[Makbul, Ahmad]]>;
<![CDATA[Osman, Ahmed Kheir]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v11i3.40360
<![CDATA[The implementation of medical practice must follow service standards. The purpose of this study is to determine the quality of medical services based on scientific evidence. The research method used was normative juridical, the results of the study state that in efforts to improve the quality of medical services in Indonesia, the government had set health service standards as binding laws for health workers. However, these service standards are often not always implemented, so they have the potential to cause deviations that are detrimental to the community. Quality medical services based on scientific evidence are the main paradigm for quality medical services and community protection. Currently, there are still medical actions that are not based on scientific evidence, intracerebral arterial heparin flushing but have been widely applied and commercialized. intracerebral arterial heparin flushing is an action that is not based on strong scientific evidence so it is unethical. Therefore, legal protection is needed for the community from medical actions that are not based on scientific evidence. Medical personnel are advised to comply with service standards and carry out medical practices based on scientific evidence in carrying out their profession in order to avoid violating the law.]]>
<![CDATA[Retribution for Social Capital Based Household Waste Handling Services ]]>
<![CDATA[Triono, Agus]]>;
<![CDATA[Putri, Ria Wierma]]>;
<![CDATA[Febiola, Cahya Putri]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v12i1.44064
<![CDATA[The issue of hygiene and household waste management in Indonesia is becoming increasingly urgent. A public culture that does not care about cleanliness and the environment is the main challenge. Ironically, while 65 million tons of waste are generated each day, a mere 7% of it is recycled. This research utilizes normative methods, focusing on both statutory and conceptual approaches, to explore relevant legislation and legal concepts related to waste management. This research highlights the lack of research that emphasizes the social capital aspect of waste management and proposes a social capital-based waste service levy model as a solution. The research results show that low public awareness, lack of infrastructure, and weak implementation of regulations are the main problems in waste management in Indonesia. The social capital-based retribution model, which involves the use of special plastic bags and active community participation, is expected to increase the effectiveness and efficiency of waste management. This approach utilizes existing social networks and norms, encourages communities to be more responsible in managing their household waste, and creates a fairer and more transparent retribution mechanism. Thus, this research provides a new contribution in efforts to create a cleaner and healthier environment in Indonesia.]]>
<![CDATA[The Urgency of Forming Legislation Regarding Online Loans in Indonesia: Legal Protection Solutions for the Community ]]>
<![CDATA[Agustini, Shenti]]>;
<![CDATA[Silalahi, Udin]]>;
<![CDATA[Sudirman, Lu]]>;
<![CDATA[Sihombing, Jonker]]>;
<![CDATA[Ahmad, Faradina]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v12i1.37895
<![CDATA[Technological developments have an impact on the financial sector. One of the innovations that has occurred in the financial industry is regarding online loans. The regulations that apply in Indonesia relating to online loans are only regulated by financial services authority regulations and Bank Indonesia regulations. Meanwhile, online lending practices give rise to various legal issues that can no longer be resolved solely through these regulations. The research aims to analyze the urgency of establishing legislation regarding online loans. The research method used in this research is normative juridical in answering the problem formulation; a juridical and theoretical basis was used, namely the Legal Protection Theory. The research results show that the formation of a special law regarding online loans is very critical because of the widespread practice of online loans carried out by illegal institutions, which causes the rights and obligations between loan givers and recipients to be unbalanced, such as determining very high loan interest with short repayment periods, as well as personal data leaks and various other cases and other cases. Therefore, it is hoped that the establishment of this unique law can provide external legal protection.]]>
<![CDATA[THE CORPORATE CRIMES IN DRUG MONEY LAUNDERING: CHASING PROFITS, EVADING JUSTICE? ]]>
<![CDATA[Nurita, Cut]]>;
<![CDATA[Siregar, Gomgom TP]]>;
<![CDATA[Jama, Ahmed Osman]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v11i3.44519
<![CDATA[The corporations can now be considered as subjects of criminal law in Indonesia, there is still a lack of clarity in the concept of corporate criminal liability and limited regulations governing the separation of responsibilities between corporations and their managers in criminal cases, including narcotics. The purpose of writing this research is to analyze the position of corporations as subjects of money laundering crimes in Indonesia and to analyze the criminal responsibility of corporations in money laundering crimes from the sale of narcotics. This research is legal research using normative legal research methods. The crime of money laundering in Indonesia, including that derived from the sale of narcotics, can be committed not only by individuals but also by corporations, as regulated in Law No. 8 of 2010 and Law No. 35 of 2009. Although corporations have been recognized as subjects of criminal law, there are differences in the regulations of the two laws, especially in the formulation of sanctions and the clarity of norms regarding criminal liability of corporations in cases of money laundering in the narcotics sector. The novelty of this analysis lies in the identification of regulatory differences in Law No. 8 of 2010 and Law No. 35 of 2009 regarding corporate criminal liability in cases of money laundering from the proceeds of narcotics crimes. In addition, this study highlights weaknesses in the separation of responsibilities between corporations and their managers, which have the potential to hinder the effectiveness of law enforcement.]]>
