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[PERLINDUNGAN HUKUM KREDITOR DENGAN OBJEK HAK GUNA BANGUNAN YANG BERAKHIR JANGKA WAKTUNYA SEBELUM PERJANJIAN KREDIT JATUH TEMPO ]]>
<![CDATA[Lushun Adji Dharmanto]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v3i2.1450
<![CDATA[Expiry of broking which the credit agreement are not yet due date or the debtor has not paid off debts became a problem in banking, especially if the debtor in default, it will be detrimental to the creditors. Creditors need legal protection in order to obtain credit accounts back. Therefore, the law does not regulate legal protection against creditors which Broking as credit insurance has expired, while loans have not yet due date, so the bank can perform preventive efforts before credit is granted or act of anticipation.]]>
<![CDATA[EFFECTIVENESS OF APPLYING PRINCIPLES OF LEGAL CERTAINTY OF JUSTICE IN THE HANDLING OF CRIMINAL CASE ]]>
<![CDATA[ELif Acar]]>;
<![CDATA[Sugeng Sudrajat]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v5i3.3745
<![CDATA[The effectiveness of judges' verdict in the trial should ideally contain aspects of the rule of law, justice and expediency. In its implementation is not easy to synergize these three aspects, especially the aspect of legal certainty and fairness are usually contradictory. The results showed that the judge in examining and deciding cases not forever fixated on one principle alone. Constraints faced by judges tend to rule of law in deadlock when written provisions can not answer the problems that exist. Emphasis is more inclined to the principle of justice means should consider a law in society, which is made up of customs and unwritten laws. Judge within reason and legal considerations must be able to accommodate all the provisions that live in the community in the form of customs and unwritten laws. Emphasis tends to be on the principle of expediency over economic nuances.]]>
<![CDATA[PERANAN HUKUM DALAM GLOBALISASI EKONOMI ]]>
<![CDATA[Ngadino Ngadino]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v1i1.1469
<![CDATA[The role of law in the development of economic globalization among the nation’s increasingly important role, particularly regulate all forms of advances in information technology, communications, transportation in international transaction. economic globalization regulate human activities in meeting human needs through trade in goods and services, be right revealer of new powerswhich requires the establishment of public welfare, running a variety of interests between citizens who are heading on technology-based society, in addition to the law here to protect, organize and plan economic life so that the dynamics of economic activity that can be directed to the progress and welfare of the entire community, economic globalization cannot be avoided by any country. With compliance with international legal norms, the harmony and well-being of society can be achieved.]]>
<![CDATA[STUDY LAW FIRM CAPITAL ROLE IN IMPROVING ECONOMY STATE VENTURA INDONESIA ]]>
<![CDATA[aryani witasari]]>;
<![CDATA[Indah Setyowati]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v6i1.4363
<![CDATA[Venture capital is one of the financial institutions whose existence is still relatively new. Institutional and formal venture capital is a new venture there after the release of Presidential Decree No. 61 of 1988 on Financing Institutions and MoF No. 1251 / KMK.013 / 1988 on Conditions and Procedures for Financing Institutions. Both this regulation represents a milestone development of the venture capital law.This research uses descriptive analytical approach, using normative juridical approach or approaches normative-legal method research approach, or by Zainudin called normative legal research or doctrinal legal research, namely legal research using secondary data.The role of venture capital firms is very strategic, Venture capital has a great potential to contribute to business development. Small companies which have good prospects but do not have enough capital and do not have access to banks can thrive with the support of capital from venture capital. With venture capital, the new company would like to start a business activity could also be easily run business originally.In the mechanism of venture capital, there are at least three elements that are directly involved, namely: capital owners who want a high profit from its equity. Capital from various sources or investors are collected in a container or a special institution established for that purpose; or so-called venture capital funds.]]>
<![CDATA[JURIDICAL STUDIES AGAINST DIVERSION IN CRIMINAL JUSTICE SYSTEM ]]>
<![CDATA[Indah Setyowati]]>;
<![CDATA[Ida Musofiana]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v6i2.8211
<![CDATA[The diversion provisions in the juvenile justice system law whether it has prevented children from the negative effects of the Criminal Justice System. By the way, all children who have problems with the law put the best interests of the child. The method of approach is the statutory approach and the comparative approach. Primary, secondary and tertiary legal materials obtained by the author will be analyzed using the method of systematic interpretation, namely interpretation by looking at the relationship between the rules in an interdependent law.The result, diversion is a settlement of child cases that are carried out outside formal justice with the aim of preventing children from stigmatizing children who are dealing with the law must be in accordance with the purpose of diversion in The Beijing Rules. Whereas in Indonesia, the diversion provisions in the Criminal Justice System Act of the Child are still included in the criminal justice system by giving stronger stigmatization to children who are in conflict with the law and so it is not in accordance with the purpose of diversion in The Beijing Rules. So the diversion provisions in the Child Criminal Justice System Law do not yet reflect the principle of child protection as mandated by the Child Protection Act and the Child Criminal Justice System Law. Where the diversion in the Child Criminal Justice System Law has not fully mandated the principle of the best interests of children viewed from the perspective of child protection, with a view of all issues by placing the child's position as first and foremost.]]>
<![CDATA[REKONSTRUKSI PERDAMAIAN DALAM PENYIDIKAN TINDAK PIDANA LALU LINTAS BERDASARKAN HUKUM PROGRESIF ]]>
<![CDATA[Dwi Wahyono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Implementation of criminal investigations sometimes lead to traffic irregularities. The settlement of peace in the criminal investigation of traffic based progressive law is expected to be used as a legal basis in the implementation of restorative justice in the investigation of criminal traffic offense. This research is descriptive analytic means of this study seeks to provide a full overview, in-depth about a situation. The method used in this research is empirical juridical approach. Results of this study were (1) the existence of the construction of peace as a legal umbrella in the implementation of restorative justice in the investigation of criminal offenses level of traffic carried by a model of peace between the victim and the perpetrator in trafficaccidents through mediation, investigators just hold on Article 235 paragraph (1) and (2) and Article 236 paragraph (2) of Law No. 22 of 2009 on Road Traffic and Road Transport and Police Discretion, expediency, humanity and justice contained in Article 18 paragraph (1) of Law No. 2 of 2002 on Indonesian National Police. (2) Reconstruction of peace in implementing restorativejustice in the investigation of criminal offenses level of traffic based progressive law based on peace between perpetrators and victims in the Crime of Traffic can serve as the basis for the termination of the investigation process of the Crime of Traffic.]]>
<![CDATA[MEDIATING CIVIL DISPUTES THROUGH LOCAL WISDOM ]]>
<![CDATA[Denny Suwondo]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v7i1.11012
<![CDATA[The purpose of the research is intended to bring people to prosperity, happiness, and harmony so that there is mediation with the value of local wisdom must be the basis of resolution in civil disputes. The approach used in this paper is a normative juridical approach. The findings in this study include that the law is for humans, not humans for the law, whose purpose is to bring people to prosperity, happiness, and harmony. So that there is mediation with the value of local wisdom must be the basis of resolution in civil disputes with due regard to referring to the win-win solution principle, what is meant by the disputing parties feel that no one is defeated, Achieve the inner glory and inner peace of the parties, Reinforcement of family values and sense of belonging to the disputing parties.]]>
<![CDATA[KEADILAN RESTORATIF DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA ANAK ]]>
<![CDATA[Andri Winjaya Laksana]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v4i1.1644
<![CDATA[Restorative justice in the settlement of cases of off-the-shelf criminal offenses emphasizing the rearation of the consequences caused by criminal acts by empowering the recovery process and the interests of all involved both perpetrators and victims, as well as the public. The caseresolution model outside the court proceedings is a method that is expected to be undertaken to protect the psychology of a child facing the law in the criminal justice system]]>
<![CDATA[UPAYA PENGADILAN DALAM PERLINDUNGAN HUKUM ANAK LUAR NIKAH BERDASARKAN SILA KE-5 PANCASILA ]]>
<![CDATA[Dzanurusyamsyi Dzanurusyamsyi]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v3i1.1349
<![CDATA[In accordance with the Marriage Law Article 43 paragraph (1) and Article 100 Compilation of Islamic Law, that child out of wedlock obtain a civil relationship with her mother and her mother’s family. The provisions of article 43 paragraph (1) that the Court’s decision the Constitution of No. 046/PUU-VIII/2010 amended with the new norm, that “children born out of wedlock have links civil with her mother and her mother’s family as well as with men as a father to proven by science and technology and/ or other evidence under the law have blood relations, including civil relations with his father’s family’’ provisions of the new norm is still debatable and the pros and cons in the community that have not been finalized. Therefore, it is necessary to do research on: How Construction illegitimate child protection today; factors that affect the construction of the legal protection of a child out of wedlock is not justice at this time. This study used a qualitative approach with sosiolegal research. Factors that affect the protection of children out of wedlock is not justice due to several factors: -First; Factors Differing perceptions Ulama’ and Judges of children out of wedlock and protection against him; Factors Court decision is very diverse/ varied against illegitimate child protection issues; Factors diversity of perceptions on Registration of Population Administration in Indonesia. Then the provisions of the Marriage Law Article 43 paragraph (1)which has judicial review by the Constitutional Court Decision No. 046/PUU-VIII/2010 and Article 100 of the Compilation of Islamic Law must be reconstructed with the editor of a new article as follows: “a child born out of wedlock has relations civil with her mother and her mother’s family as well as with men as a father who can be proved by science and technology and/ or other evidence under the law have blood relation to the determination/ instruction judge and the Court’s decision, the Muslim Religious Court andbesides Islam in the District Court, including a civil relationship with his family “and there should be an affirmation form of additional chapters in the Marriage Law Article 43 with the editorial article as follows; “If it turns out according to a court ruling that the children who sought their origin was proven seedlings men and women and was born in/ from the marriage valid, then the child becomes legitimate child and have a relationship of civil full and relationships biological children with both parents and get inheritance rights.]]>
<![CDATA[THE STRATEGY FOR HANDLING CORRUPTION’S CRIMINAL ACTION RELATIONSHIP TO SAVING OF STATE FINANCIAL LOSSES ]]>
<![CDATA[Bambang Tri Bawono]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.26532/jph.v7i3.13357
<![CDATA[The massive amount of corruption that has occurred so far is closely related to the increase in state financial losses. Even though there are regulations regarding additional penalties in the form of compensation money as regulated in Article 18 of the Corruption Crime Law, the existence of this provision has not been able to return the overall state financial losses, even the total state financial losses with those saved have a significant difference. Based on this, this study examines the factors that cause state financial losses in the criminal act of corruption. Apart from that, strategies must be taken to recover from losses to state finances. The research method used in this research is library research with a normative juridical approach. The results of this study indicate that the provision of additional penalties in the form of replacement money as contained in Article 18 of the Corruption Eradication Law is basically suitable for recovering state financial losses. It's just that, the existence of such additional crimes because it is accompanied by law enforcement with a retributive justice approach which results in the crime of substitute money which cannot recover state financial losses, because the retributive justice approach requires expensive costs.]]>
