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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 ROLE OF PROSECUTOR OFFICE IN THE ERADICATION OF CORRUPTION CRIMINAL ACTS IN INDONESIA Sri Endah Wahyuningsih; Agus Sunaryo
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.v4i2.1701

Abstract

In fact, there are still many cases of corruption that have not been revealed; this resulted in the public to be pessimistic with the seriousness of the Prosecutor Office in uncovering variouscases of corruption that are happening today. The purpose of this study is to know the role ofthe Prosecutor Office in the eradication of criminal acts, to obtain an overview of the mechanismof corruption handling by prosecutors in Indonesia and to analyze the obstacles and solutionsin eradicating crime in the Attorney General. The research method was sociological juridical,and data collection were gained by using observation and interview. The existence and role ofthe Public Prosecution Service in eradicating corruption crime begins when the case has notbeen transferred to the Court until the execution of the decision of the Court. However, in thecriminal act of corruption the Prosecutor’s Office has the authority as a public prosecutor aswell as an investigator. The authority of the prosecutor as a special criminal investigator shall beregulated by Law Number 16 Year 2004 regarding the Attorney of the Republic of Indonesia inArticle 30 paragraph (1) letter d. In addition, in its role against the eradication of corruption, theProsecutor’s Office has always conducted a coordination relationship with the Police Agency andthe Corruption Eradication Commission. The mechanism for handling corruption in the AttorneyGeneral Office, through several procedures already set out in the law includes Investigation,Investigation and Prosecution.
REKONSTRUKSI RESTORATIVE JUSTICE SYSTEM DALAM TINDAK PIDANA PENGANIAYAAN BERBASIS KEADILAN HUKUM Juyanto Juyanto
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i3.1374

Abstract

If occur a persecution the victim or usually a weak person will seek justice by report to the police or the parties that can find a way out to get justice or to report for a scare off in order to avoid persecution in the future. Police in this matter is investigator that receiving report of complaints obliged to do the step of investigation to investigation.Toward someone who has been set as a suspect by the fulfillment of evidence because committing an unlawful act usually want to finish their supposition including in the case of persecution by contacting the victim, the victim's family asking help to anyone deemed capable of including community leaders to mediate on the matter, even less so will ask the mediation of the Police investigators to resolve the issue because it was considered capable of including cases of persecution.The Police Investigator of West Kotawaringin Resort with space limitations of prisoners that held in the case of persecution based on police discretion in the belief capable of resolving and foster the suspect amicably, by way suspended imprisonment of the suspect then do coaching religiously by attending pilgrims I'tikaf from mosque to mosque for 40 ( forty ) days , although this case is not an offense act of complaints so that the case is still running to follow the law process although there is a peace agreement because the public prosecutor asked for the case to be trial in judicial process so that the reported cases are legally proceed to prosecution.
JUDICIAL REVIEW OF DECISIONS OF POLYGAMIC POLICY IN SEMARANG RELIGIOUS COURT Peni Rinda; Achid Ulfi Sukriya
Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i3.2319

Abstract

Polygamy is a problem in marriages that is often discussed. Polygamy marriage as regulated in the polygamous marriage law, it is under the principle of monogamy which is not actually the absolute monogamous principle, but it is also called the principle of open monogamy. In the Compilation of Islamic Law (KHI) polygamy is the permission for a husband to have more than one wife on certain conditions. The method used in this legal research was sociological juridical approach that is the juridical review of the judge's verdict on polygamy permit in the Religious Courts of Semarang. The basic consideration to create the benefit of the people is that the active role of the Religious Court judges interpret the law in actual in order to apply the existing law in accordance with the needs of the development of society to achieve the mutual benefit. Elements in the principle of mutual benefit is not only the principle of legal certainty, but in the consideration there must also be the principle of benefit and the principle of justice
IDE DIVERSI DALAM TINDAK PIDANA RINGAN YANG DILAKUKAN ORANG DEWASA BERBASIS KEADILAN Riya Novita
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i1.1421

Abstract

Indonesia's legal system which applies to offenders focuses on punishment as the penalty. Kajahatan perpetrators will be punished so that security and order within the communitycan be restored sehigga impressed penalty is revenge on the perpetrators of crime victims. But the punishment will never improve the state of society, because it does not deter criminalsfrom committing a similar crime or even a more heinous, also ignoring the losses suffered by victims. The researchers' goal here, to put the idea of diversion is the transfer of criminal casesoutside the criminal justice process. This type of research is the description of the analysis is to do research that will be devotedto seek or find the data needed to answer the problem. The results of this study are known to retributive punishment does not guarantee reduced crime. It is based on the data presented Writer, convictions resulted in the over-capacity prison.By applying a misdemeanor diversion in the task of law enforcement to be reduced, budget handling criminal offensescan be diverted to handling criminal offense heavier and their diversion agreement then the victim is much more attention.
ALIENATION CHANGES IN FORMATION COMMISSION OF INDONESIAN CONSTITUTION OF1945 (Contemplation Towards The Fifth Amendment) Novendri Mohamad Nggilu; Lisnawaty W Badu; Suwitno Y Imran
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.v5i1.1975

Abstract

The results of the fou rth amendment Constitution of NRI 1945 leaving academic debate, not only in terms of the substance of the constitution that still has weaknesses and needs to be improved and perfected through the fifth amendment of the Constitution of N R I 1945, but also in terms of process changes that lead to refractive mainly against the spirit of Constitutional Commission , Refraction spirit of the Constitutional Commission took place on two points: first, the establishment of the Constitutional Commission which was form ed to have lost momentum, as well as the tasks assigned by the Assembly to the Constitutional Commission so minimalist that is limited to conduct a comprehensive review and was impressed merely fix systematize and writing of the Constitution of NRI 1945 w hich have been produced by the Assembly.
REKONSTRUKSI PARATE EKSEKUSI HAK TANGGUNGAN ATAS TANAH Yang BERBASIS NILAI KEADILAN Zaenal Arifin
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.v3i2.1439

Abstract

Charging for the guarantee for creditors through the agency of mortgage right, which is based on the provisions of Law No. 4 of 1996 on Mortgage Right, has advantages where the first holder of mortgage right has the right to sell the object of mortgage right on its own power or commonly known as parate execution. However in practice, parate execution can not be carried out in line with expectations and the ideals of the establishment of these legislation. As aresult, the creditors does not get easy, legal certainty, and fairness to perform parate execution of security object. This is because parate execution meant in Law No. 4 of 1996 on Mortgage Right, construed as a substitute for hypotik grosse deed, not based on the promise to sell on its own power or “beding van eigenmactig verkoop”. Above this, required reconstruction parate execution of mortgage right, so that later can ensure easy, legal certainty, and especially givesfairness to creditors.
PROCESS OF IMPLEMENTATION AND BENEFITS OF CRIME SCENE INVESTIGATION IN CASE OF CRIMINAL INVESTIGATION IN INDONESIA Sri Endah Wahyuningsih; Teguh Prasetya; Muchamad Iksan
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3540

Abstract

The case of crime scene conducted by the investigator is the main part in the disclosure of criminal case because in the crime scene can be found the interaction between the perpetrator of the crime, the evidence used and the witness/victim of crime at the time of the criminal event. Therefore this paper analyzes the implementation process and the benefits of crime scene in the process of criminal investigation in Indonesia. The research method used was sociological juridical, with primary and secondary data sources. Primary data were obtained by conducting interviews with respondents, they were investigators who investigate criminal case. The results of the research on the procedures for the implementation of the Crime Scene Investigation is started from the preparation of the crime scene, the trip to the scene, the first action at the crime scene (TPTKP). The crime scene investigation covers the general observations, photography, sketching, evidence collection, victim handling, and perpetrators of crime scene organization, and the end of the crime scene, which consists of consolidation, opening/exempting the crime scene, the making of investigation report at the scene, and the evacuation of activities. The benefit of crime scene investigation in criminal investigation is as evidence, source of information to look for witness, as source to look for evidence and as saber to find perpetrator, legal basis of investigator in execution of crime scene is JUKLAK (standard operational procedure) Police of Republic of Indonesia with number 04/1982 and JUKNIS Police of the Republic of Indonesia with the number JUKNIS 01/11/1982.
PEMBAHARUAN HUKUM DALAM PENYITAAN BARANG BUKTI HASIL KORUPSI Abdul Rosyad
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i2.1464

Abstract

Confiscation of the assets of suspected criminals raises the pros and cons in the community. Law enforcement officers must possess prudence in conducting the investigation and prosecution as well have a strong suspicion a belief that the suspect's assets acquired in violation of the law. In confiscate whatever to do with logic, with the linking of property confiscated by the time of acquisition as well as the amount of assets that are suspected to be part of the corruption. Then the defendant in the trial also must be able to prove reverse, that property seized is not the source of corruption. Because it does not rule out someone who does have a legitimate wealth, but because of the courage and ability possessed legal knowledge may cause he was unable to explain the source of wealth is perfect. So therefore, sometimes he was found guilty of corruption.
LEGAL PROTECTION FOR USERS OF INTERNET BANKING CUSTOMERS FOLLOWING CHANGES IN INFORMATION AND ELECTRONIC TRANSACTIONS LAW Azharuddin Azharuddin
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i1.4674

Abstract

The presence of the Internet Banking service has offered a number of convenience and flexibility in conducting transactions, both between the bank and its customers, the bank and merchant, bank with the bank and the customer with the customer. However, this simplicity does not mean no risk. In addition to the Internet Banking service provides convenience, also in fact have some risks. The risk of a new character and is a challenge for practitioners and experts in the field of Internet Banking service to handle it, so it becomes important to discuss the legal efforts to protect customers' personal data in the operation of Internet Banking service after changes in legislation and elektronic information transaction. Forms of protection against customer data in Internet Banking in Indonesia are from several types of regulations that have regulated internet banking, namely Bank Indonesia Regulation Number 9/15 / PBI / 2007 concerning Application of Risk Management in the Use of Information Technology by Commercial Banks and Act No. 19 of 2016 concerning Amendments to Act No. 8 of 2011 concerning Electronic Information and Transactions along with the Financial Services Authority Act in the section on consumer protection
ANALISIS HUKUM SISTEM PENYELESAIAN SENGKETA ATAS TANAH BERBASIS KEADILAN HERLINA RATNA SAMBAWA NINGRUM
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i2.1481

Abstract

Law enforcement bureaucracy in resolving land disputes through litigation and non-litigation often found that in resolving the dispute is considered unjust. Disputes over land and agrarian resources in general seems to be a latent conflict. Of the various cases, rise and sharpening of land disputes not happen instantly, but to grow and develop from seeds that so long it has been deposited. This research method combines doctrinal research and socio-legal research-research, the basis of doctrinal research is research library that includes the primary legal materials, secondary law and tertiary legal materials. The results obtained 1) that the causes of the frequent occurrence of land disputes, among others; System of land administration, land ownership distribution is uneven. The legality of land ownership based solely on the formal proof (certificate), without regard to soil productivity2) Strategy Dispute Settlement System of Land-Based Justice: Strategic Administrative State, Judiciary, Legislative Strategy, Need to establish a separate judiciary in resolving disputes over land

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