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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 Willow Project Under International Environmental Law: Legal Challenges and Global Climate Implications Suparman, Suparman; Mastur, Mastur
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.42290

Abstract

This study examines the Willow Project, a major oil drilling initiative in Alaska, to assess its compatibility with international environmental law and its implications for global climate change. The research aims to determine whether the project aligns with the United States’ obligations under the Paris Agreement and key principles like the precautionary approach and international environmental responsibility. Utilizing a normative and comparative qualitative methodology, the study analyzes legal frameworks, international treaties, and the project’s environmental impacts. Findings indicate that the Willow Project significantly increases greenhouse gas emissions, undermining global climate goals and violating the principle of non-harm by risking transboundary environmental damage. These outcomes highlight a conflict between economic interests and environmental obligations, challenging the enforcement of international law. The study advocates for robust global policies, including stricter standards and enhanced monitoring, to ensure large-scale energy projects support climate change mitigation. By addressing these legal and environmental challenges, the research contributes to strengthening international governance to combat climate change effectively.
Effective Occupation in Territorial Claims: A Legal Analysis and Critique Setiyawan, Anang; Pangestu, Ilham Aji
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.36564

Abstract

The principle of effective occupation is often used to justify territorial claims based on physical and administrative control; in practice, the application of this principle tends to conflict with fundamental norms in international law such as self-determination and the prohibition of colonization. This article examines the practice and principle of effective occupation that is often used to legitimize territorial claims. This article use normative research with a prescriptive legal approach by analyzing international treaties, international customary law, principles of international law, court decisions, and expert opinions. The Namibia Advisory Opinion and the Western Sahara case illustrates how the principle of effective occupation has marginalized the sovereignty and fundamental rights of indigenous populations. These actions violate peremptory norms, which safeguard human dignity and uphold non-derogable principles such as the prohibition of unlawful occupation and the self-governance of communities. The study’s findings highlight the urgent necessity for a robust legal framework governing territorial claims to ensure they respect fundamental rights and adhere to the foundational principles of international law. This would help prevent the misuse of effective occupation as a justification for territorial expansion while protecting the rights of vulnerable communities.
TRADING RULES OR TRADING VALUES? AFTA–CHINA DISPUTE MECHANISMS UNDER POSITIVE LAW VS. ISLAMIC LAW & WHAT INDONESIA MUST DECIDE Maryani, Halimatul; Susilo, Adhi Budi; Lateef, Owoade Abdul
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.v11i3.44699

Abstract

In principle, Indonesia likes it or not, willingly or unwillingly, now Indonesia has joined the ASEAN China Free Trade Agreement which of course has an international trade system as its outlet. This means that Indonesia and the countries involved in this agreement are free to conduct international relations, including international trade. The research method used in this study is the Normative juridical method which examines legal issues while providing a descriptive perception of what should be, using the statute approach and the conceptual approach. The purpose of this study is to examine the principles of resolving regional trade disputes between Afta and China from the perspective of positive law and Islamic law and their implications for Indonesia. As an innovation, the findings offered in this presentation are that there are principles for resolving regional trade disputes between Afta and China from the perspective of positive law and Islamic law and their implications for Indonesia, both in the provisions of the WTO, Afta China, and also the principles in the provisions of Islamic law, remain in line with the provisions applicable in the WTO.
Constitutionality and Legal Reconstruction of Social Security System from Pancasila and Constitutional Perspectives Wibisono, M. Iqbal
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.44082

Abstract

This study aims to evaluate the constitutionality of the social security system in Indonesia, especially the National Social Security System (Sistem Jaminan Sosial Nasional/SJSN) and the Social Security Administering Body (Badan Penyelenggara Jaminan Sosial/BPJS), in order to guarantee the basic rights of citizens in accordance with the 1945 Constitution. This study uses a normative legal approach by analyzing existing regulations and the Constitutional Court's decision regarding the constitutionality of SJSN and BPJS. The findings show that SJSN and BPJS, which are regulated in Law Number 40/2004 and Law Number 24/2011, are constitutional according to the Constitutional Court. However, in practice, there is a discrepancy between the implementation of the system and the mandate of the 1945 Constitution which requires the state to provide fair social security for all people, especially in terms of coverage for vulnerable groups and informal workers. Its implementation still faces obstacles in terms of effectiveness, affordability, and equity. This study suggests the need for reconstruction of the social security system with a more responsive approach to the real needs of the community, as well as strengthening supervision to be in line with constitutional principles and Pancasila values.
Legal Politics in the Formation of a New Civil Procedure Law Setyowati, Retno Kus
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.42434

Abstract

The purpose of this study is to analyze the politics of law in the formation of a new civil procedural law. The current civil procedural law was formed by the Dutch East Indies government which is still valid based on Article II of the Transitional Rules of the 1945 Indonesian Constitution, and is complemented by other laws and regulations scattered in various laws and regulations. This legal research is Normative legal research. The approach method used is the statutory approach. The results of this study found that the regulations governing civil procedural law are the Herziene Indonesich Reglement, Rechtreglement voor de Buitengewesten, Reglement op de Burgerlijk Rechtsvordering, as well as various other laws and regulations and also the Supreme Court Circular Letter, Supreme Court Regulation. With the spread of various laws and regulations, it results in overlapping. For this reason, it is necessary to immediately organize it into one complete and systematic regulation, so that it can create the principle of fast, simple and low-cost justice.
RECONSTRUCTION OF PORNOGRAPHY CRIMINAL REGULATIONS BASED ON PANCASILA JUSTICE VALUES Mashdurohatun, Anis; Simanjuntak, Alden Juniedy; Zamrudi, Ehwan; Kusuma, Andi; Rabiie, Ahmed
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.v11i3.44504

Abstract

Pornography in positive law in Indonesia has differences with the views of some indigenous people in Indonesia. The purpose of this study is to find and examine the regulation of pornography crimes that have not been accounted for and to formulate a reconstruction of the regulation of pornography crimes based on Pancasila justice. This legal research is a socio-legal legal research. The results of this study are that the legal regulation of pornography reflected in the current positive legal construction does not fully reflect justice based on Pancasila values, because it ignores cultural rights and human rights. Regulations that are open to multiple interpretations in defining pornography have created a gap for the criminalization of the right to express art and culture. The author recommends that the reconstruction of Article 4 paragraph (1) be directed at stricter normative restrictions by adding the element intentionally and with the intention of arousing sexual desire.
Optimization of Judicial Supervision in Indonesia: Challenges and Solutions in Maintaining Judicial Independence and Integrity Kadir, Adies; Gunarto, Gunarto; Suwarno, Suwarno
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.45934

Abstract

Supervision of judges in Indonesia is a crucial element to maintain the integrity, independence, and professionalism of the judicial system. This study anayzes the effectiveness of the judicial oversight mechanism through an internal approach by the Supreme Court, external by the Judicial Commission, and the role of the community through a code of ethics. With a qualitative descriptive-analytical approach, this study uses secondary data from legal documents, such as the 1945 Constitution, Law Number 48 of 2009, and the Joint Regulation of the MA-KY 2012, as well as interviews with judges and academics. The results of the study indicate that the MA's internal supervision is constrained by a large workload, while the KY's supervision is limited due to the Constitutional Court Decision Number 005/PUU-IV/2006, which excludes MK judges and supreme court justices, triggering the risk of judicial corruption and a crisis of public trust. Public supervision through a code of ethics is effective but requires further education. The main challenges include overlapping authority between the MA and KY and the lack of supervisory integrity. This study recommends better coordination, strengthening the authority of the KY, and increasing the role of the community to ensure justice and judicial independence.
The Concept of Protection of Land Rights Certificate Holders in Realizing Legal Certainty Firmansyah, Arif; Jamilah, Lina; Irawati, Irawati
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.38885

Abstract

Land registration is carried out to regulate the legal relationship between the landowner and the land itself. Land registration has the aim of creating legal certainty. Landowners do land registration has a strong evidentiary tool that is in the form of a certificate of land rights. The intention of proving a strong land certificate is that the land certificate can still be cancelled, with the possibility of land certificates being cancelled; then, the cancellation harms the holder of land rights. In addition, people who have controlled the land for more than 20 years must be evicted due to losing the lawsuit for ownership rights. Hence, people who have utilized and maintained the land get losses because they cannot control the land anymore. The research method used is normative juridical with a statutory and conceptual approach. The result of this research is the Concept of Protection of Certificate Holders of land rights in realizing legal certainty is done by applying the Social Tenure Domain Model, acquisitive perjuring someone to get land with acquisitive verjaring for 20 years of controlling the land in good faith, rechtverwerking due to 20 years of not using and utilizing the land will be deprived of land rights. So, a person who has obtained a certificate of land rights is protected because the state guarantees it.
LEGALITY OF E-COURT IN THE LEGAL REFORM TOWARDS A JUDICIAL SYSTEM WITH LEGAL CERTAINTY Mulkan, Hasanal; Addink, Henk; Saraya, Sitta; Santoso, Andrianto Budi
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.v11i3.37111

Abstract

The development of existing technology has an impact on the public service system in terms of online criminal case registration, online payments, online summons, and online trials. This study aims to determine the implementation of the Electronic-Based Government System application in services at the District Court. The research method used in this study was normative legal research. The results of the study show that the existence of e-court has had a major impact on the progress of the justice system in Indonesia while realizing justice based on simplicity, speed and low cost. The impact of the e-court system itself on the judicial process with the increasing development of digital technology, the transformation of courts into modern courts that utilize digital information technology to the maximum is a necessity. The results of the study are expected to provide strategic recommendations for the District Court in optimizing the implementation of SPBE in order to achieve the goals of good governance and improve the quality of public services.
Legal Protection for Consumers Through Legal Metrology in Trade Activities Nurcahyo, Edy
Jurnal Pembaharuan Hukum Vol 12, No 1 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i1.34326

Abstract

This article aims to analyze the legal protection for consumers through legal metrology in trade activities. Legal metrology plays a crucial role in ensuring fairness in trade, particularly for consumer rights. This study employs a normative legal research method to examine relevant regulations and legal principles. The findings indicate that consumer protection through legal metrology in trade is regulated under the Legal Metrology Law. In every transaction involving measurements, only measuring, weighing, and counting instruments that are certified and guaranteed accurate may be used. Efforts to ensure consumer protection include: 1) providing technical and legal certainty for measuring instruments and their auxiliary tools; 2) enhancing standardization, empowering consumers, supervising the circulation of goods and services, ensuring measurement compliance, and monitoring the quality of goods and services. Consumer protection through legal metrology takes two forms: preventive protection, which focuses on avoiding potential violations, and repressive protection, which provides remedies when violations occur. These efforts are integral to fostering trust and fairness in commercial transactions, ensuring that consumers’ rights are upheld and safeguarded effectively.

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