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INDONESIA
Pembaharuan Hukum
ISSN : 23550481     EISSN : 25803085     DOI : -
Core Subject : Social,
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 457 Documents
JURIDIC ANALYSIS OF USED CLOTHES CONSUMER BASED ON ARTICLE 4 CONSUMER PROTECTION AND ISLAMIC LAW PERSPECTIVE Sugiharto Sugiharto; Andi Aina Ilmih
Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i2.7898

Abstract

This research focuses on the form of legal protection for used clothing consumers based on Article 4 of Law Number 8 of 1999 concerning consumer protection and analyzes the impact of the use of used clothing by the community in the city of Semarang, related to the Thaharah aspects in Islamic Law.To achieve this goal, researchers used a sociological juridical approach with data collection techniques in the form of library research and field studies by conducting direct interviews with relevant parties in connection with this research. The data obtained were then processed and analyzed by descriptive qualitative.The results showed that the form of legal protection for used clothing consumers in the Consumer Protection Act under Article 4, namely the right of consumers to get comfort, security, and safety. This is closely related to the obligations of business actors in providing true, clear and honest information about the conditions and guarantees of goods and/or services; and the need for guidance and supervision by the government. The impact caused by used clothing is negative impact and positive impact for used clothing consumers, both in terms of economic, social and public health in Indonesia. Although in an Islamic perspective, it is recommended that people prioritize aspects of thaharah (cleanliness) as Allah SWT requires every Muslim to purify in accordance with the criteria of Allah and His Prophet.
PERGESERAN PEMIKIRAN NEGARA KESEJAHTERAAN PASCA AMANDEMEN UUD 1945 Djauhari .
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

The amendment process of Article 33 Constitution 1945 caused push and pull of thinking, necessary or not to be amended, so there are two groups which are pro’s and con’s diametrically. This amendment produced two additional paragraph in Article 33, which is formely two paragraph became five paragraphs, those are pragraph (4) and paragraph (5), are the system of welfare, especially in the economic sector, accepted the positive side from liberalism and socialism system,but rejected market fundamentalism. Apparently the concept of Welfare State is confirmed in the additional of social-economic articles, namely in Article 34 paragraph (2) and paragraph (3).
THE GLOBALIZATION EFFECT OF LAW AND ECONOMIC ON CYBERCRIME Advento Jeronimo
Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i3.10933

Abstract

The globalization of law and the economy has led to developing countries' regulations on investment, trade, services, information technology, and other economic fields approaching developed countries (convergence), as well as the regulation of cyberspace activities that cannot be separated from relations with other countries. Norms of law between nations increasingly play an important role, especially how to regulate all forms of advancement in information technology, communication, and transportation. This is inseparable from the foreign policy that has been woven between nations so far. The regulation of cybercrime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have its own law governing cybercrime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cybercriminals to harm the state even though it is outside the state territory.
WANITA HAMIL DI LUAR NIKAH ( STATUS ANAK ) Maria Ulfah
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.v2i3.1510

Abstract

A child born of pregnancy outside or before a legal marriage, is considered an adulterous child, can not be fathered to a father and each of them is neither inherited nor inherited. Therefore there is a marriage to cover it and the period of pregnancy has been determined, ie at least / at least six months. If the baby’s birth after the minimum period of marriage, by law the child is considered a legitimate child. Apart from that the Messenger of Allah. Also has provided that a wife who is still in the marriage contract of her husband, every child she is born, even though from the result of adultery, is considered by law is her husband’s son.
PENEGAKAN HUKUM TERHADAP EKSISTENSI BECAK BERMOTOR UMUM (BENTOR) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Meta Suryani; Anis Mashdurohatun
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.v3i1.1341

Abstract

The influence of industrialization which is identical to the use of machines in various areas of life influences the development of transportation. Humans begin creating motorized transport such as motorcycles, cars, aircraft, fire Crete, ships and including motorized pedicab and other motor tricycles. The existing of motorized pedicab caused controversy in some areas, because of the problems of legal regulation of traffic and regulatory issues. The problem statements that will be discussed are how the existence of a common motorized pedicab (bentor) as one of land transportation in Indonesia today, and how law enforcement on the existence of a common motorized tricycles (bentor) pursuant to Act No. 22 of 2009? The results showed that: the existence of a common motorized pedicab as one of land transport is increased in all parts of Indonesia; Enforcement of the law against the existence of a common motorized pedicab can not be effective, although Bentor has been unlawful provisions of Law No. 22 of 2009 and other regulations. The law enforcement is more focus on the principle of expediency, so the police do the discretion of the bentor as common operational as public transport, by seeing the its expediency for middle class, especially in district and rural areas and as a form of cultural characteristics existing communal society Indonesia.
LAW ENFORCEMENT OF DESTRUCTIVE FISHING IN INDONESIAN SEAS Ook Mufrohim; Joko Setiyono
Jurnal Pembaharuan Hukum Vol 7, No 2 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i2.10938

Abstract

Indonesia is a country consisting of many islands. This makes Indonesia rich in natural marine resources consisting of marine products such as fish and other marine animals. Catching fish by means of damage or (destructive fishing) using trawlers, fish bombs, fish anesthesia needs special attention in terms of law enforcement, to support the protection of marine ecosystems and enforcement of existing regulations. This study uses a qualitative method with a normative juridical approach. This research shows weaknesses in committing destructive fishing crimes. This is intended so that law enforcers can enforce according to the provisions of the statutory regulations that are willing, and seek additional personnel or carry out strategies so that they can carry out surveillance in the Indonesian sea from catching fish in destructive ways.
LEGAL PROTECTION OF CHILDREN AS VICTIMS OF HUMAN TRAFFICKING BASED ON JUSTICE VALUE Anis Mashdurohatun; Wa Ode Khatija Rasia
Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i2.1739

Abstract

 The purpose of this study is to examine and analyze f actor Factors affecting the legal protection of children as victims of human trafficking and formulating legal protection based on values of justice.Method The approach used in this study is normative, where the source data comes from secondary data, which consists of primary legal materials, secondary and tertiary. The results found that thefactors that most influence the occurrence of the crime of trafficking of children is a factor of economic and cultural factors. P potential protective laws against child as a victim of human trafficking based on values of justice, in a preventive form a variety of legislation, cooperation and coordination between state agencies, international cooperation and conduct socialization to the public about the dangers of human trafficking crimes. And repressively impose sanctions that are oriented to the victim.
UPAYA KEPOLISIAN DALAM PENANGGULANGAN KEJAHATAN PERAMPASAN SEPEDA MOTOR DI JALAN RAYA (Studi Kasus di Polrestabes Semarang) R. Sugiharto; Rina Lestari
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.v3i3.1368

Abstract

Crime seizure of motorcycles that preceded violence to victims increasingly prevalent in Indonesia. This study aims to determine the factors causing the crime of motorbike seizure on the highway, knowing the efforts of the police in handling crime seizure of motorcycles on the road, knowing the constraints faced by the Police in tackling the seizure of motorcycles on the road and the solutions provided. The research method using sociological juridical approach with the object of study is criminal act of seizure of motor vehicle with violence. The results of the research are: 1) The factors that cause the motorcycle seizure is triggered by economic factors, the lack of employment, juvenile delinquency, and environmental factors, 2) the efforts made by the police in tackling the crime of motorcycle seizure among others Preventive and repressive efforts. 3) Obstacles faced by the police in tackling crimes of motorbike seizure on the highway include lack of information from the reporting party, the location of different events and the psychological condition of the victim that makes it difficult to dig deeper information and the solution for the community of motorcycle users to Do not travel at night in the area prone, do not try to drive alone, when feeling less comfortable atmosphere of honking continuously to attract attention of citizen, armed yourself.
LEGAL RECONSTRUCTION OF PHYSICAL CONSTRUCTION SERVICES BASED ON QUALITY OF PUBLIC SERVICES suyatim suyatim
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.v4i3.2324

Abstract

Construction services are useful in terms of various means to support the achievement of national development goals. Regarding the services of this construction, stipulated in Act No. 18 of 1999 and its amendments, let the rules of its implementation. However, in the implementation can not run optimally, because there are obstacles, so it requires an effort for physical development services for the public benefit can be beneficial to the community. Quality of service in the public sector is a key word to revive public confidence in the government.
REKONSTRUKSI FUNGSI PERS DALAM UNDANG-UNDANG NOMOR 40 TAHUN 1999 TERHADAP PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA BERBASIS NILAI KEADILAN Agus Wibowo
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.v2i1.1416

Abstract

Corruption increasingly widespread, more systematic and more sophisticated. Corruption in this country is like a vicious circle that is difficult to eradicate. The corrupt one with the other criminalswho help each other, work together and protect each other. Corruption as a phenomenon like “snowball”, if the crimes of corruption committed by one or a group of people uncovered, then another group would come out anyway. Therefore, corruption is an extraordinary crime that eradication also requires extra effort. The role of mass media in the political framework of this criminal according to Hoefnagels aligned with political efforts criminals who else is Criminal Law Application (Practical Criminology), namely prevention crime by means of criminal law and Prevention Without Punishment namely the prevention of offenses through means outside the criminal law.

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