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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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KEOTENTIKAN AKTA JAMINAN FIDUSIA YANG TIDAK DITANDATANGANI DI HADAPAN NOTARIS Sudiharto Sudiharto
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.v2i3.1504

Abstract

The Fiduciary Guaranty Act (AJF) must be made in authentic form and AJF registration must be performed online. This article is for identifying and answering unsigned fiduciary deed issues in the presence of Notary and registration of fiduciary guarantee deeds conducted online. Article 5 Paragraph (1) of Law Number 42 Year 1999 regarding Fiduciary Guaranty, explains “The imposition of objects with Fiduciary Guarantee is made by notary deed in the Indonesian language and is a deed of Fiduciary Guarantee.”The notarial deed, hereinafter referred to as Deed, is regulated in Article 1 number 7 of Law Number 2 Year 2014 regarding Amendment to Law Number 30 of 2004 concerning Notary Position, is an authentic deed made by or in the presence of Notary according to the form and procedure stipulated In this Act.The fiduciary guarantee deed is a partial deed, the deed made before the Notary Public, in practice the Notary is referred to as the party deed. The contents of the party’s deeds are a description or description, statements of the parties given or told before a Notary. The parties wish that their description or statement be poured into the form of Notary deed. Thus, the notary in this case reads and witnesses the signing made before him. Facing intended that the deed is done “reading” and “signing” in front of a notary, as a general official.The purpose of this study to be some of these problems. Method Approach is done Sociological Juridical Method with qualitative data analysis. Technique of data collecting is done by Study of Literature and Interview. The results of the research indicate that the fiduciary guarantee certificate that is made is not in accordance with Article 1868 of the Criminal Code signed in the presence of a Notary having the power to prove the deed under the hand. Moderate certificates issued by Online registration are considered lawful.
PREVENTION HUMAN TRAFFICKING THROUGH COMMUNITY WATCH Juliana Susantje Ndolu; Helsina F.I Pello
Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i1.7588

Abstract

This study aims to first determine the factors driving community involvement in Community Watch Human Trafficking and knowing the role of Community Watch Human Trafficking in the aspect of preventing human trafficking. The results of the study are as follows. First, the factors driving community involvement in CW-PO are: legal awareness of the dangers of trafficking in persons and their impacts; the experiences of family members and neighbors who have been victims of the Human Trafficking criminal act; accustomed to volunteering; There are joint concerns because there is an Indonesian Manpower Services Company and field workers who are tasked with recruiting prospective migrant workers from the village. Secondly, the role of Community Watch Human Trafficking in the prevention aspect of yatru: To collect data on migrating citizens; increasing public understanding of Human Trafficking criminal act; economic empowerment; advocating for village government to allocate village funds to open businesses; accompany former migrant workers who have returned to the village but have problems; carry out monitoring in the village.
KEBIJAKAN PEMERINTAH DAERAH DALAM PEMBERDAYAAN PEREMPUAN DI KABUPATEN DEMAK Sri Kusriyah Kusriyah
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.v4i1.1651

Abstract

The general explanation of Law No. 23 of 2014 on Regional Government explains that thegranting of the broadest autonomy to the regions is directed to accelerate the realization of thewelfare of the community through the improvement of services, empowerment, and communityparticipation. This research is related to community empowerment, especially local government policyin women empowerment. The method used in normative juridical research is by reviewing variouslaws related to women empowerment, especially the policy of local government of Demak regency,and to examine the programs conducted by the government Regions through the Office of Women’sEmpowerment. To analyze the research results used qualitative analysis by giving interpretationof local government policy related to empowering woman to answer problem in this research. Theresults showed that the policy of Demak Regency Government in the empowerment of women is:a) Empowerment of women entered in one of the Head of District Mission in 2011-2016, BupatiRegulation No. 07 of 2012 on General Guidelines Implementation of Gender Mainstreaming in DemakDistrict, 401/0057/2016 on Gender Responsive Planning and Budgeting SKPD.b) Work programsimplemented by KP2PA include: 1) improvement of women’s quality of life and child protection, 2)institutional strengthening of gender mainstreaming, 3) harmony of policies to improve the qualityof children and women,4) enhancement of participation and gender equality in development
PELINDUNGAN HUKUM TERHADAP TENAGA KERJA INDONESIA DI LUAR NEGERI Arpangi Arpangi
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.v3i1.1354

Abstract

The number of cases of migrant workers abroad, the need for a protection which is able to overcome the problems or issues that have so far linked dengaan the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. So here is required mutual coordination among the relevant agencies ranging from the local government, the department of labor and Transmigration Decree, the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), Ministry of Foreign Affairs in order to avoid overlapping of authority and mutual tug of power between institutions. The employment of various problems due to labor issues received less attention, especially for developing countries that send their employees abroad or from the country of employment. Lack of attention, lack of protection, not only because of the attention from labor-sending countries out of the country focused on the problems within the country itself, but also due to the problems of violations in the workplace are more likely sealed from public access as well as the dilemma of the workers themselves to fight for their rights. The formulation of the problem to be addressed is how the Indonesian government’s role in protecting Indonesian workers abroad? As stipulated in the Act ano. 39 2004 Article 6 that the government is responsible forenhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers is without pressure from other parties. In order to protectworkers is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers isnot only the duty of the minister of labor alone, but also the duty of the foreign minister. This isin accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations,which is representative of the Republic of Indonesia is obliged to provide care, protection andlegal aid to citizens and legal entities abroad Indonesia in accordance with national legislationand international law and practice.
AN ETHICAL AND AN INTELLIGENT BUREAUCRATIC LAW REFORM Jawade Hafidz
Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i3.13579

Abstract

Bureaucracy and the law are two forces that must go hand in hand. Bureaucratic disregard the law when it goes limp bureaucratic system with no force because the bureaucratic system will not run when the law was abandoned. Bureaucracy in indonesia often look weak in a system. First rampant corruption in the bureaucracy is the main cause of dishonesty (actor) bureaucrats in understanding the nature of law. Breaking effects and misusing the mandate. Second, in our country as chaotic bureaucracy therein lies stagnation and the legal system in force when the bureaucracy that must be realized in accordance with the function and social role as a servant of the state. The third in the current law is enforced through a reformulation bureaucracy or bureaucratic reforms therein lies the role of bureaucracy is no longer comply with the law. Presence of bureaucracy in addition to be honest and transparent with the legal ethics bureaucracy is needed. Ethics is important in the bureaucracy. First, the existing problems in the bureaucracy becoming increasingly complex. Second, the success of development that has improved the dynamics and pace of change in the bureaucratic environment. Bureaucracy perform adjustment which requires discretionary power great.
RECONSTRUCTION OF PENAL MEDIATION AS ALTERNATIVE COMPLETION CRIMINAL CRIMINAL ACTIONS BY THE INCIDENTAL BASED EDUCATION VALUE OF UTILIZATION song sip
Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i2.1744

Abstract

AbstractThe settlement of cases in a criminal case is an option of dispute resolution involving a third party. The mediation of the penal is not only justified, as it not only exists, and is used and proves in sociological justification. The existence of penal mediation as a legal means of settling criminal cases, especially the settlement of alleged criminal act of fraud is justified in the legislation, that is Law no. 2 Year 2002 with the concept of discretion. The theory of dignified justice shows the pancasila value derivation, volksgeist Indonesian nation. Based on the Four Precepts is a philosophical deliberation of consensus, led by the wisdom. The reconstruction of the concept of authoritative discretionary powers mediates the penalty of fraud criminal cases, and is within the jurisdiction of the investigator or at the level of investigation of the value of justice with dignity based on justice.
KEDUDUKAN DAN KEWENANGAN MAJELIS PERMUSYAWARATAN RAKYAT DALAM ERA REFORMASI Ah. Mujib Rohmat
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i2.1408

Abstract

Amendment 1945 to the beginning of the Reformation (1999-2002) led to a fundamental change in the position and authority of the Assembly. When the previous General Assembly is the highest state institutions with enormous power turned intostate institutions “normal” position in line with other state institutions such as the Parliament, the President, and the Supreme Court. When the previous General Assembly has the authority so large that after the changes, the authority is reduced, no longer authorized to elect the President and Vice President, the President and / or Vice President in his tenure as easy, and organize the lines of state policy (includingguidelines on therein).The decline position and a reduction in the authority of the Assembly is a positive impact on the state system and our democracy. With the position of the Assembly in line with the institutions of other countries then realized mutual control and balance (checks and balances) between branches of state power that can be prevented or minimized the abuse of authority, violation of the constitution, and the attitude / authoritarian andrepressive policies of a state institution. Reduced authority of the General Assembly so that it no longer has enormous power, even indefinitely have a positive impact, namely to prevent potential violations of constitutional or human rights as well as the development of democratic life quality.
STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION IN INDONESIA Muhammad Chairul Huda
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i1.3010

Abstract

People’s perception of Pancasila seems to be on the way back. It reminds us that the acceptance of Pancasila as the national ideology is actually not something taken for granted. For that reason, it is necessary to refresh the Pancasila from aspects of knowledge, understanding and practice of the philosophical values contained in it. Law development must be started from the values of Pancasila, because essentially Pancasila is a milestone of convergence of ideas and thoughts on the basic philosophy of state discussed deeply by the founders of the state. Pancasila becomes a sublime agreement (modus vivendi) which is then established as the foundation of state ideology. In this case, Pancasila becomes the rational basis of assumptions about the law to be established as well as the orientation that shows where the nation and state should be established. Thus, Pancasila is an agreement and consensus to build a nation of one country, without considering the different backgrounds that include religion, race, ethnicity, culture, language and others. As the foundation of the state, Pancasila becomes the rechtsidee that should be written in every law-making and enforcement.
FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) terhadap KINERJA PEMERINTAHAN DAERAH dalam MEWUJUDKAN APARATUR PEMERINTAHAN yang BERSIH BEBAS dari KORUPSI KOLUSI NEPOTISME (KKN) Djauhari Djauhari; Achmad Ridwan
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1427

Abstract

The presence of representatives of the people in a democratic country is not to diminish the authority of the executive but should be seen as an attempt to further guarantee of thepeople’s interests in all government policies including local governments. Parliament as an institution that oversees the local regulations and the performance of local governments tosupervise the performance of local regulations and regents in creating clean government free from corruption practices. The approach method in this research is juridical empirical research methods (socio-legal-research). Empirical juridical research is non-doctrinal, empirical studies are descriptiveand has the object of a study on the behavior of people who interact with the system arising from the existing norms. The study says that implementing the oversight function of Parliament on the performance of local government in realizing that corruption-free administration in Bombana consists of: 1)Supervision of the legislation; 2) The supervision over the administration; 3) Supervision of the executive government activities; and 4) Monitoring the establishment of governance that is free of corruption. The obstacles in carrying out oversight of local government performance can be categorized obstacles that come from members of Parliament (internal factors) as wellas the resistance of the external members of parliament (external factors). Barriers to internal factors, namely: education, experience, socio-economic conditions, the work program and thesecretariat. Barriers external factors are: changes in legislation, the recruitment of political parties and public participation.
FINANCIAL INSTITUTIONS IN THE LEGAL SYSTEM OF ISLAMIC BANKING AND LEGAL DISPUTE SETTLEMENT Akhmad Khisni
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i2.3109

Abstract

Islamic financial institutions in Indonesia are legalized in the governance of the banking law and in case of legal disputes become the absolute authority of the Religious Courts. Religious Courts readiness in responding to the development Islamic economics and resolve legal disputes are inevitable in the conduct of religious courts function as a legal institution, namely enforcement of certainty (juridical aspects) and justice (philosophical aspect), in addition to running the social aspects (sociological aspect). The position of Justice of religion as a social institution is dynamic, because of the exchange with the community dynamics that require the judge to explore, and understand the value of the law who live in the society. The implementation of Act No.3 of 2006 as amended by Act No. 50 Of 2009 regarding the Second Amendment to Act No.7 of 1989 concerning the Religious Courts, reinforced by Act No. 21 of 2008 concerning Islamic Banking. Institutional constraints faced by the Religious Court in handling cases Islamic economics is the law enforcement factors, factors of infrastructure, the judge in the religious courts appeared to be not effective due to the number of judges who have not been certified Islamic economy is still lacking, and the lack of educational and training of human resource development. In a more holistic approach to address the above problems, it is necessary reconstruction of the arrangement of the legal system and legal institutions and legal culture arrangement

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