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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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Civil Law Analysis of Misbruik Van Omstandigheden in Hospital Refusal of Economically Weak Patients Yusriando, Yusriando; Gunarto, Gunarto; Suseno, Jarot Jati Bagus; Yuliati, Sri
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.46314

Abstract

Hospitals in Indonesia, as mandated by the 1945 Constitution and health law policies, are required to provide equitable healthcare services to all citizens, including economically disadvantaged groups. However, frequent cases of hospital rejections against poor patients due to inability to pay reveal a gap between constitutional guarantees and practice. Such acts constitute misbruik van omstandigheden (abuse of circumstances), where hospitals exploit patients' positions vulnerable in therapeutic agreements and informed consent. The objectives of this research are threefold: first, to analyze the practice of misbruik van omstandigheden in medical contracts between hospitals and poor patients; second, to assess the form of legal responsibility of hospitals in cases of denial or neglect, and third, to formulate recommendations to strengthen the protection of poor patients' rights through regulatory reforms and effective sanctions. This study employs a doctrinal research method with a normative legal approach, supported by empirical case studies. Primary sources include the 1945 Constitution, Law Number 36/2009, Law Number 17/2023, and the Civil Code, complemented by Islamic legal principles (maqashid al-Shariah). The findings show that hospital rejections violate civil law, constitutional mandates, and ethical obligations.
Integration of Corporate Law Principles for Village-Owned Enterprises Governance and Sustainability Kasmawati, Kasmawati; Hamzah, Hamzah; Sunaryo, Sunaryo
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.45119

Abstract

Centralized national development has created disparities between rural and urban areas in economic, social, legal, and institutional aspects. Village-Owned Enterprises (BUMDes) serve as an important instrument for building rural economic independence and bridging these disparities. This study aims to analyze the role of company legal instruments in strengthening the institutionalization of BUMDes as public legal entities and local economic actors. The method used is a normative legal method with a legislative and conceptual approach. This study examines the integration of national legal norms, such as Law Number 3 of 2024 concerning Villages and Law Number 40 of 2007 concerning Limited Liability Companies, with local regulations such as Village Regulations. Corporate law principles strengthen BUMDes governance, accountability, and sustainability through contextual adoption. Although BUMDes are not limited liability companies, good companies governance principles are essential to ensure transparency, accountability, and legal certainty. BUMDes are also recognized as legal entities through Government Regulation Number 11 of 2021, which grants them equal standing with other business entities in contractual relationships. Company law provides a strategic foundation for BUMDes, ensuring legality and sustainability through integration of national norms and local policies to strengthen village economic self-reliance and development.
Comparative Analysis of Judicial Authority in Upholding Constitutionality: Indonesia’s Constitutional Court and us Supreme Court Wasiska, Asti; Saragih, Geofani Milthree; Setyawan, Edy; Tarmudi, Tarmudi
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.46464

Abstract

In democratic governance, the Indonesian Constitutional Court and the United States Supreme Court serve as constitutional guardians, exercising judicial review within their respective legal traditions to uphold checks and balances and ensure the supremacy of the constitution. This study aims to compare the roles of the Indonesian Constitutional Court and the United States Supreme Court in implementing the principle of checks and balances through the judicial review mechanism. Using a normative juridical approach and comparative law methods, this study examines the institutional structure, scope of authority, and constitutional impact of the decisions of both institutions. The primary data sources include the constitutions of each country, specifically Article 24C of the 1945 Constitution and Article III of the United States Constitution, as well as Law Number 24 of 2003 concerning the Constitutional Court (in conjunction with Law Number 8 of 2011). The study shows that the United States Supreme Court has broader interpretive authority due to its common law tradition and the power of precedent, while the Indonesian Constitutional Court has limited authority within the context of a more normative civil law system. Differences in legal systems and institutional design affect the effectiveness of their oversight function.
The Role of Local Government in Enforcing Legal Regulations on the Transfer of Land Rights Indriasari, Evy
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47971

Abstract

This study aims to analyze the impact of the domicile requirement on the transfer of rights for rice fields protected by public regulations in Indonesia, with a focus on the challenges it creates for land market efficiency and agricultural sustainability. Using a qualitative approach with a literature review, the research explores existing legal frameworks, regulatory constraints, and their effects on land transactions. The findings reveal that the domicile requirement restricts access to the land market, excluding financially capable buyers who could manage agricultural land sustainably. The study suggests that expanding the eligibility criteria to include buyers within the same district, rather than limiting them to the same subdistrict, would enhance market efficiency and ensure more effective land management. The proposed policy change would allow for a broader pool of buyers while maintaining local oversight, thus contributing to the protection and sustainable management of rice fields. This research provides valuable insights for policymakers seeking to improve land use regulations and agricultural land management in Indonesia.
Legal Position of Underhand Agreements in Land Investment with Buyback Schemes in Indonesia Sulistyanto, Bagus
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.46665

Abstract

This study examines the legal position of underhand agreements in land investment in Indonesia, particularly within buyback schemes that are increasingly used in practice. Although not executed before a notary, such agreements remain valid if they fulfill the essential elements of a contract under the Indonesian Civil Code. Using a normative legal approach supported by case studies, this research analyzes the validity, legal risks, and investor protection issues surrounding these informal transactions. The findings indicate that underhand agreements, while offering flexibility and lower costs, create vulnerabilities due to weak evidentiary value in disputes. Ambiguous buyback clauses and the absence of authentic documentation often hinder investors from reclaiming funds, generating legal uncertainty and escalating civil conflicts. Opportunistic behavior by landowners further exacerbates the imbalance of bargaining power. The legal urgency addressed in this study lies in the need for regulatory reform to strengthen legal certainty and investor protection in land investment. Recommendations include mandatory registration of buyback agreements, involvement of notarial services, and improved legal literacy for stakeholders. This study contributes to ongoing discussions on legal reform by emphasizing the balance between contractual freedom and equitable protection in Indonesia’s land investment sector.
Effectiveness of Government Regulation Number 22/2021 in Controlling Air Pollution from Brick-Making Industry Pranata, Rifo Andi; Rahmatiar, Yuniar; Abas, Muhamad
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47411

Abstract

The phenomenon of air pollution caused by the brick-making industry has become a pressing environmental issue demanding resolution. Various studies have shown that emissions from the brick-kiln process contribute significantly to the decline in ambient air quality in industrial areas and their surroundings. This study aims to evaluate the environmental impacts of brick-kiln operations and to assess the effectiveness of government policy implementation in controlling air pollution from the industrial sector. This study adopts a normative and empirical research paradigm as its primary methodological framework. A qualitative approach is used because of its ability to facilitate in-depth exploration of phenomena in the natural environment, with the researcher acting as the primary instrument for data collection and analysis. The result of this study are brick-kiln operations in Mekarmulya Village cause significant air, noise, and land degradation impacts, with the community gradually normalizing pollution due to weak regulatory oversight and limited institutional capacity in enforcing environmental policies for micro-enterprises. The study concludes that ineffective environmental governance and limited institutional capacity have allowed the micro-scale brick-kiln industry in Mekarmulya Village to cause significant pollution and land degradation, highlighting the need for the implementation of adaptive, socially aware, and inclusive environmental policies for the informal sector.
A View of Humanitarian Law on Treason in Court Decisions in Indonesia: A Legal Analysis Permanasari, Arlina; Wibowo, Aji; Angelica H., Nadia; Salsabilah, Nahdia
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.47572

Abstract

The 1949 Geneva Conventions set out clear obligations for participating states to uphold the humanitarian norms contained therein. In Indonesia, the two regions of Aceh and Papua have experienced violent conflict with significant escalation, raising the question of whether these situations can be legally classified as non-international armed conflicts under international humanitarian law. The purpose of this study is to examine this issue by focusing on how treason cases have been tried in Indonesian courts, as judicial reasoning provides an important perspective for assessing the threshold of violence. This study uses normative legal methods, reviewing relevant statutory provisions, legal principles, and court decisions. The research findings indicate that, from a humanitarian law perspective, the acts of violence in Aceh and Papua have not reached the legal threshold required to be categorized as non-international armed conflicts. Instead, the handling of treason crimes still relies on national legal instruments, particularly Article 7 paragraph (2) of the Indonesian National Armed Forces Law, which frames such acts as military operations other than war. In conclusion, although these conflicts exhibit significant social and political tensions, they remain outside the scope of humanitarian law, highlighting the reliance on criminal law and military law in addressing treason.
Law Enforcement and Liability of Government Officials for Spatial Planning Violations at PIK-2 Area Tangerang Regency Chadijah, Siti; Yusdiansyah, Efik; Jamilah, Lina
Jurnal Pembaharuan Hukum Vol 12, No 2 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i2.46666

Abstract

Determination Project National Strategic Area in the Pantai Indah Kapuk-2 (PIK-2) area, Tangerang Regency, has caused polemic Because suspicion spatial planning violations and lack of analysis impact environment as well as social for public around. Research This aim analyze policy determination of PIK-2 as Project National Strategic and enforcement justice in implementation regulations the method law normative used with reviewing secondary data in the form of regulation legislation and documents related. Findings main show that determination of PIK-2 not in accordance with Constitution Number 26 of 2007 concerning Spatial Planning and Banten Regional Regulation Number 1 of 2023. Regulatory process done without notice spatial planning regulations and impacts environment in a way comprehensive and minimal involvement community. Impact identified concrete covering damage environment coast and loss access public to land productive. Research propose giving sanctions in the form of enforcement law strict to the issuing official regulations No in accordance rules to avoid violations in the future. The implication is that enforcement more laws strong and evaluation repeat PIK-2 Project National Strategic policy is important done with involving community and stakeholders interests so that development walk sustainable, fair, and maintain sustainability environment as well as social.
Legal Dynamics of the Use of Presidential Threshold in the Indonesian Presidential System Koedoeboen, Arman
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48736

Abstract

This research examines the legal framework of the Presidential Threshold (PT) as stipulated in Law Number 7 of 2017 concerning General Elections, analyzing its effects on political stability, democratic representation, and the inclusiveness of the political process. Using a qualitative approach through literature study, the research reveals that while the PT mechanism, which requires a party or coalition to hold at least 20% of parliamentary seats or 25% of the national vote, contributes to reducing electoral fragmentation and promoting political stability, it also limits the diversity of candidates and political ideologies, potentially undermining democratic principles. The study highlights how this statutory provision restricts the participation of smaller political parties and independent candidates, consolidating power within larger political coalitions. It also raises constitutional concerns regarding the right to political participation under the 1945 Constitution and the fairness of the electoral system. The findings suggest that reforms to the legal basis of the PT, such as lowering the threshold or exploring alternative electoral systems, could enhance the inclusivity and representativeness of Indonesia’s presidential election process. Future research should focus on assessing the long-term effects of the PT's legal design on voter engagement and political trust in Indonesia.
Civil Law Provisions on the Application of Compensation for Victims of Unlawful Arrest Based on Progressive Legal Theory Putra, Hardiansyah; Rodiah, Siti; Fatimah, Utari Dewi
Jurnal Pembaharuan Hukum Vol 12, No 3 (2025): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v12i3.48400

Abstract

Compensation for victims of wrongful arrest in Indonesia is regulated under Article 9 of Government Regulation Number 92 of 2015, which determines minimum and maximum compensation amounts based on the severity of harm suffered by victims. This study aims to analyze the implementation of compensation provisions for wrongful arrest victims, examine the relevance of civil law principles in addressing the resulting material and immaterial losses, and formulate an ideal compensation framework based on progressive legal theory. Using a descriptive-analytical method with a juridical-normative approach, the research relies on secondary data consisting of primary, secondary, and tertiary legal materials, supported by the analysis of relevant court decisions and doctrinal literature. The findings reveal a significant gap between normative regulations and judicial practice, where compensation is largely limited to material aspects and neglects immaterial harms such as psychological trauma, social stigma, and loss of reputation. Consequently, the study concludes that Article 9 of Government Regulation Number 92 of 2015 requires reformulation through a progressive, human-centered approach that integrates civil liability principles and social security mechanisms to ensure comprehensive, proportional, and substantive restitution for victims of wrongful arrest.

Page 44 of 45 | Total Record : 449

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