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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 2 (2014): Jurnal Pembaharuan Hukum" : 13 Documents clear
PEMBAHARUAN HUKUM DALAM PENYITAAN BARANG BUKTI HASIL KORUPSI Rosyad, Abdul
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (353.184 KB) | 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 suspects 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.
ANALISIS HUKUM SISTEM PENYELESAIAN SENGKETA ATAS TANAH BERBASIS KEADILAN NINGRUM, HERLINA RATNA SAMBAWA
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (383.654 KB) | 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
PERLINDUNGAN HUKUM BAGI PARA PIHAK DALAM E-COMMERCE SEBAGAI AKIBAT DARI GLOBALISASI EKONOMI. Hanim, Lathifah
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (335.485 KB) | DOI: 10.26532/jph.v1i2.1476

Abstract

Globalizations impact on the development of technological advances free trade between countries. through international trade spawned free trade rules and more focus on the development of a free market, quickly in a life without limits. The realization of the consequences of free trade globalization is the emergence of the phenomenon of Electronic Commerce. The research method used is normative juridical. legal research literature is legal research conducted by examining the library materials or secondary data. The results obtained that legal protection for parties in e-commerce as a result of economic globalization include the two sides are in agreement and outside the Agreement, as well as E-Commerce Transactions settings in Act No. 11 of 2008 can be described as the need for the existence of an Institution Certification Reliability to certify to the party who will conduct electronic transactions (Article 10); Setting the implementation of the Electronic Transactions (Article 17 Paragraph (3)); Regulation on Electronic Contract for Electronic Transactions (Article 18 Paragraph (1)); Dispute Resolution on Electronic Transactions (Article 18, Paragraph (3)); Electronic system as a system implementation Electronic Transactions (Article 19); Regulation on Electronic Agents as intermediaries in Electronic Transactions (Article 21 and 22).
IMPLEMENTASI PENGGUNAAN HAK INISIATIF UNTUK MENGHASILKAN PERATURAN DAERAH TENTANG PENGELOLAAN PEDAGANG KAKI LIMA YANG PARTISIPATIF DI KOTA PEKALONGAN Djauhari, Djauhari; Indrawati, Nurul
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.573 KB) | DOI: 10.26532/jph.v1i2.1470

Abstract

The implementation of Act No.32 of 2004 about Local Government gives authority to each region to set up their households through the economic empowerment. One of the local economic development that significantly in contact with the public is with the management of street vendors. Structuring and management of vendors ranging from the provision of public space that does not ignore the rights of other members of society to the preparation of strict regulations should be considered a comprehensive solution including through the use of the right of initiative by members of the the Regional Representatives Council Pekalongan, so it can be known implementations use rights initiative of Parliament as well as the extent of public participation in the legislative drafting process. The method used in this study is a socio-juridical, namely to conduct a review of the legal aspects to know the rules that apply specifically related links use the right of initiative with community participation. Legislative function Legislative Council Pekalongan implementation of the rights owned embodied in the form of local regulations that have been generated. Legislative drafting from the Regional Representatives Council embodies the aspirations of the people against the peoples representatives.
IMPLEMENTASI KEBIJAKAN DISKRESI PADA SISTEM PELAYANAN PUBLIK DI KOTA TEGAL Jaya, Ikmal
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (335.404 KB) | DOI: 10.26532/jph.v1i2.1477

Abstract

Bureaucratic discretion in local government as one of the efforts the effectiveness of public services in Tegal city publication in urgent circumstances is a condition that arises suddenly public interest that must be resolved quickly, which to resolve the issue, the legislation has not been set. The approach used in this study is a socio-juridical approach, the method or procedure used to solve research problems by examining secondary data such as material laws or regulations applicable law followed by conducting research on primary data in the field. The results obtained that 1) Discretion Policy Implementation bureaucracy in local government as one of the efforts the effectiveness of public services in Tegal publication in urgent circumstances is a condition that arises suddenly public interest that must be resolved quickly, which to resolve the issue the legislation has not been set or just set in general and the situation should not be created due to error or action by the Board of Administration officials who perform discretionary, 2) Constraints in the discretion of the bureaucracy in local government as one of the efforts of service effectiveness public in Tegal is insufficient fee due to excessive demand of bureaucratic discretion program.
REKONSTRUKSI BIROKRASI PEMERINTAH DAERAH PENGUJIAN KENDARAAN BERMOTOR BERBASIS NILAI KEADILAN (Study tentang Birokrasi Pengujian Kendaraan Bermotor pada Dinas Perhubungan Kabupaten/Kota di Jawa Tengah) Sudrajat, Imam
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (335.405 KB) | DOI: 10.26532/jph.v1i2.1471

Abstract

Implementation of Bureaucracy in testing at the Motor Vehicle Department of Transportation District/town in Central Java is not based on the value of justice due to the Problem Statement that occur in relation to services and feasibility testing of motor vehicles is not only a service procedure, but the commitment of employees to carry out services and feasibility testing of motor vehicles less reflect fairness and transfaransi. Servicing and testing the feasibility of a motor vehicle cannot fully satisfy the community because peoples understanding of the feasibility of testing services of motor vehicles, apparently not all of them know and understand procedurally. To perform reconstruction Bureaucracy, used Progressive Legal Theory equitable, with steps taken by the privatization Motor Vehicle Inspection, Supervision improve the effectiveness, efficiency and transfer of oil fuel sources, restrictions on vehicle age and vehicle progressive taxation.
KONSTRUKSI HAK MENGUASAI NEGARA DALAM TATA LAKSANA PENGADAAN TANAH BAGI KEPENTINGAN UMUM DI KABUPATEN SEMARANG Manoe, Sumral Buru
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.247 KB) | DOI: 10.26532/jph.v1i2.1483

Abstract

In the implementation of land acquisition for public purposes (project Semarang-Solo toll road) there has been a priority of the States Rights. implementation of the States rights to land are not always parallel with the ideals of prosperity, welfare and even justice. The phenomenon of the right to control the state, namely the practice of takeover of the land belongs to the people in the name of public interest and or preferential right to control the country and even a common trigger factor land conflict. In the development of the law is not only focused on textuality laws alone but must also pay attention to the interests of the community that continues to grow, especially related to land issues. This study uses socio-legal research approach, meaning that not only reviewing an issue of legislation but also the reality that occurs in the community related to the problems discussed. the results obtained to mention that the process of land acquisition for the construction of the Semarang-Solo toll road in accordance with procedures applicable law, namely to put the negotiation process (consensus), especially about the amount of compensation awarded. However, a strong indication of consensus is not performed substantially, only meets the provisions of the Act alone.
KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999 Mansyur, M Ali; Kamil, Hutrin
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.41 KB) | DOI: 10.26532/jph.v1i2.1461

Abstract

Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.
REKONSTRUKSI PEMIDANAAN DALAM HUKUM PIDANA ISLAM (PERSPEKTIF FILSAFAT HUKUM) Syafiq, Ahmad
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.458 KB) | DOI: 10.26532/jph.v1i2.1484

Abstract

Islamic Criminal Law is a living law in Indonesia, and that the Islamic Criminal Law be enacted or coloring in the criminal law in Indonesia, hence the need for a reconstruction against Islamic Criminal Law, especially in theories of punishment. Reconstruction of punishment in the Islamic Criminal Law in the perspective of legal philosophy can be done by doing the desecration (reinterpretation of the textual sources of law) Islamic Criminal Law and bring it in line with the flow of human history itself, rather than release it from the dimensions of space and time history of human civilization, to realize the goals of Islamic law is philosophically contained in maqasid al shariah ie benefit or blessing for the universe (rahmatan lil alamin).
PERAN DAN FUNGSI DPD RI DALAM RANGKA MENUJU SISTEM BIKAMERAL YANG EFEKTIF MELALUI AMANDEMEN UUD 1945 KE-5 Widodo, Wahyu
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.226 KB) | DOI: 10.26532/jph.v1i2.1462

Abstract

An important aspect in the process of Indonesias transition to democracy is in the field of constitutional reforms set out in the 1945 Constitution amendment One of the important change is in the form of a new state agency called the Regional Representative Council (DPD). Since the amendment, Indonesian parliamentary system has changed from a system of unicameral to a bicameral system. Manifestations of this institution has awakened hope that the local community problems of the region can be fought at the national level. However, if the note functions, powers and duties set out in Article 22 D the 1945 Constitution and Act 22 of 2003 concerning the composition and position of the MPR, Parliament, DPD and local parliament, then raised a lot of assumptions that are functions of the Regional Representative Council can represent regional interests. DPD is not only serves as a counseling board autonomy, does not serve as the countrys legislature adopts a bicameral. Amendments to the Constitution of 1945 is the main road to strengthen the position of this institution as the legislature to assist the Parliament.

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