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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.
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Articles 13 Documents
Search results for , issue " Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum" : 13 Documents clear
PERANAN HUKUM DALAM GLOBALISASI EKONOMI Ngadino, Ngadino
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (428.975 KB) | DOI: 10.26532/jph.v1i1.1469

Abstract

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.
KAJIAN UNDANG-UNDANG OTONOMI DAERAH TERHADAP PERSOALAN BATAS WILAYAH Dahlan, Abdul Choliq
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (426.708 KB) | DOI: 10.26532/jph.v1i1.1456

Abstract

Regional autonomy laws either in Law No. 22 of 1999 Section 89 and as successor Act No. 32 of 2004 still contains many flaws that eventually lead to problems many disputes betweenregions, especially special again raises the issue of boundaries. Thus certainly necessary legal product that is able to provide answers and be able to prevent the emergence of inter- regional disputes in this case the author is more likely in the form of laws rather than laws under law because the issues emerging boundaries often cause many problems such as political, economic, culture, religion, race and so forth. From the findings obtained Nurbadri important point that conflict boundaries between regions mainly influenced by the legal and non- legal factors. Legal factors have two (2) legal substance that is first caused by the formation of legislation that are too hasty, the blurring of the boundary setting, and secondly the lack of socialization Act of regional expansion. The next is not yetclear legal structure due to changes in legislation that is too short.
STATUS KEPEMILIKAN RUMAH SUSUN DI ATAS HAK GUNA BANGUNAN YANG MELEKAT DI ATAS HAK PENGELOLAAN (TANAH KOMPLEK BANDARA KEMAYORAN) Purbandari, Purbandari
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (444.703 KB) | DOI: 10.26532/jph.v1i1.1465

Abstract

Organizers of development (third party) who has entered into an agreement with the holder of rights management; such as rights management is controlled by Indonesian State Secretariat complex on land Kemayoran New Town Airport; may establish flats on land management right after previously completing the status of land rights into Broking . Management Rights is a right that comes from the State of land tenure which authorizes the holder of rights. Management rights will not expired , but Broking attached on it still has a term to be extended with the consent of the owner of the Management. An issue for state ownership apartment units in Bandar Kemayoran New Town when Broking cannot be extended or split Certificate of Ownership Flats Upper Unit not approved by the holders of Rights Management. This study uses a type of juridical normative, descriptive, using a data collection tool to obtain documents study secondary data sourced on primary legal materials, secondary and tertiary units associated with the ownership of the Flats above Broking attached on the Management of New Town Kemayoran Airport, using qualitative analysis.
KEBIJAKAN FORMULASI HUKUM PIDANA TERHADAP MALE RAPE DALAM PEMBAHARUAN HUKUM PIDANA BERDASARKAN NILAI KEADILAN Widiyanti, Anis
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (535.191 KB) | DOI: 10.26532/jph.v1i1.1482

Abstract

The Impact of globalization facility access of foreign cultures, including ease of access to the means of pornography and pornographic, resulting in the absence of a strong handle on life, causing rape behavior. Rape itself is usually synonymous with women as victims and men as perpetrators. In fact, men can be victims of rape and women are able to become actors. Positive criminal law that applies in Indonesia contains the definition of rape is too shallow. In the legislation in Indonesia implements rape sex offenders must be a male and a female rape must be victim. This of course is loaded with elements of discrimination because it does not include the various forms of rape that occurred in the community. The protection of victims of crime of rape cannot be separated from the consequences experienced by the victim after the rape that happened. Victims not only suffered financial losses and social losses, but also suffered physical and psychological suffering that needs to be formulated on the formulation of criminal law reform regarding criminal offenses of rape based on the value of justice.
URGENSI PEMBAHARUAN HUKUM PIDANA MATERIEL INDONESIA BERDASARKAN NILAI–NILAI KETUHANAN YANG MAHA ESA Wahyuningsih, Sri Endah
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (448.683 KB) | DOI: 10.26532/jph.v1i1.1457

Abstract

Indonesian criminal law reform material is important because the Criminal Code (WvS) hitherto in force in Indonesia is a Dutch colonial law which includes family/continental legal systems (“Civil Law System”) or “the Romano-Germanic family” were influenced by the teachings of that highlight the concept of “individualism, liberalism and individual rights, so it is not in accordance with the values of Pancasila includes precepts Belief in God Almighty. Thus the need for achange in the sense of reviewing (reorientation and reform) Indonesian criminal law, which is still grounded in the principles and foundations of the philosophy of foreign nations toward the criminal justice system is based on the philosophy of Pancasila as the values of national and state that aspired.
KAJIAN YURIDIS DALAM ANTISIPASI KEJAHATAN CYBER Hafidz, Jawade
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (692.3 KB) | DOI: 10.26532/jph.v1i1.1466

Abstract

Cybercrime is one of the problems in Indonesia that its scope is derived from global international law. The rising rates of crime in the virtual world is influenced by factors ofcausality are difficult to obtain evidence by the action of the virtual world. When the Internetbecame accessible to everyone, they can do anything with the hunting of the target. Forexample, internet banking, hackers, search, can solve the data as amended rules becomefalse data. cybercrime is a common problem that we have to finish up with serious legalrules.In order to address the growing problem of cybercrime in Indonesia, the government makes laws and regulations specifically governing cyberlaw which were embodied as Act No. 11 of 2008 on Information and Electronic Transactions. Act No. 11 of 2008 as an effort to address cybercrime juridical and emperism, when Act No. 11 of 2008 not only addressed the issue of obscene or pornographic sites, but also establishes rules on electronic transactions is an umbrella rule of law in cyberlaw in Indonesia.
TINJAUAN YURIDIS TUGAS DAN KEWENANGAN JAKSA DEMI TERCAPAINYA NILAI-NILAI KEADILAN Djunaedi, Djunaedi
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.101 KB) | DOI: 10.26532/jph.v1i1.1478

Abstract

The dynamics of the law enforcement paradigm, of course, will have consequences on the institution, organization, structure, and position of law enforcement officers, including in this case the Attorney institution. Prosecutors role in achieving a goal of the criminal justice system, it would require continuous efforts to increase the ability of the Public Prosecutor in tackling criminal acts in the community, including the ability to prevent and deal with a crime that happened. Prosecutors also must be able to engage fully in the development process, among others, helped create the conditions and infrastructure to support and secure the implementation of development to realize a just and prosperous society based on Pancasila and the duty tocontribute to maintain and uphold the authority of the government and the state and to protect the interests of the people through law enforcement. Code Criminal Procedure provides that the position of attorney as prosecutor as authorized institutions. In a position as a public prosecutor apparatus, the Criminal Procedure Code asserts that the prosecution authority to make theindictment without the intervention of other agencies, the public prosecutor and the perfect stand alone in making the indictment.
PELAKSANAAN PEMBINAAN YANG BERSIFAT KEMANDIRIAN TERHADAP NARAPIDANA DI LEMBAGA PEMASYARAKATAN KELAS II B SLAWI Maryanto, Maryanto; Rahmawati, Diah; Rini, Indrati
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (403.241 KB) | DOI: 10.26532/jph.v1i1.1472

Abstract

The concept of stewardship at the empirical level has been carried out by the Penitentiary Class II B Slawi, such as guidance that is independence, among others, by providing skills training to inmates with the limitations and shortcomings that exist in the Penitentiary Class II B Slawi. Some of the constraints faced by the Penitentiary Class II B Slawi include: coaching program has not run continuously, the lack of awareness of prisoners following the activities, limitation of infrastructure, limited skills program instructor and the persistence of the public rejection of the former inmates despite having sufficient skills. The efforts that have been and are being carried out include: create a continuous program implementation and sanctions, build cooperation, give positive information about inmates, staff training and support program proposals.
PROBLEMATIKA PENEGAKAN HUKUM PERPAJAKAN (KAJIAN TINDAK PIDANA EKONOMI BIDANG MAFIA DAN KORUPSI PERPAJAKAN) Lamijan, Lamijan
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (517.659 KB) | DOI: 10.26532/jph.v1i1.1467

Abstract

More than 60 percent of state revenue derived from the tax sector, but the leak is still very large tax revenues due to the tax mafia and corruption happens everywhere. There are two issues that are discussed in this paper, namely: (1) What are the factors that led to the case of mafia and corruption in taxation difficult to convey? (2) How does the application of policies and formulation of laws that should be done so that the tax mafia and corruption can be eradicated? These two issues are solved using empirical data obtained through the study of documents. The results discussion shows the following findings. That the factors that led to the case of mafia and corruption in taxation difficult to express can be seen from three aspects. First, a substantial aspect, namely the weakness contents of legislation. Most of the legislation that was passed by the government to provide space and opportunities to tax officials for corruption and extortion in order to enrich himself and his colleagues. Second, structural aspects, namely the bureaucratic structure of taxation institutions that do not transparent, thus allowing tax officials do mafia and corruption that tax money should be paid into the state treasury. Tax justice system handledinternally by the institutions have encouraged the proliferation of tax mafia and corruption tax. Third, cultural aspects, namely the lack of honesty in the values of social life.
ANALISIS HUKUM PENYELESAIAN SENGKETA PELAKU USAHA YANG MENGALAMI PAILIT BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN Mansyur, M. Ali; Salim, Rusnaldi
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (439.155 KB) | DOI: 10.26532/jph.v1i1.1468

Abstract

The growing business in Indonesia, became an issue for consumers when the company no longer walk according to regulations. Now, many companies are bankrupt. When attacked by a corporate bankruptcy , the company was taken over by the curator in accordance with the provisions of the Bankruptcy Act, and will no longer be the owner of his property for a while. This situation makes consumers confused, because there are many consumers who do not understand the bankruptcy problem, because it is at the beginning of the agreement, the companies represented by his agent, almost never explain the bankruptcy problem.Non-litigation settlement through paths made by BPSK in a way Mediation, Conciliation, and Arbitration. Secondly, Corporate Responsibility/business to consumers if the company has been declared bankrupt by way of paying compensation in accordance with a written agreement that has been agreed by both parties. The steps taken to realize the protection of consumers. The suggestions offered are Supervision and guidan c e of the government against the company/business, the written agreement on how to improve the company so that the company has a lot of consumers that can bring higher profits . So the company is not bankrupt because the company either conventional circumstances that do not harm consumers.

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