cover
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota semarang,
Jawa tengah
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 13 Documents
Search results for , issue " Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum" : 13 Documents clear
MEMBANGUN HUKUM INDONESIA YANG BERKARAKTER Mansyur, Muhammad Ali
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (321.162 KB)

Abstract

Building the Indonesian character law means building the law of the values of the personality of the Indonesian nation, Pancasila (the five principles). The embodiment of the values of the principles: divinity, humanity, unity, democracy, and social justice animate and enliven the devolepment of national laws of Indonesia, able to respond the process and the changes that occur without leaving its legal indentity, Pancasila
REKONSTRUKSI PERDAMAIAN DALAM PENYIDIKAN TINDAK PIDANA LALU LINTAS BERDASARKAN HUKUM PROGRESIF Wahyono, Dwi
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.234 KB)

Abstract

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.
PERGESERAN PEMIKIRAN NEGARA KESEJAHTERAAN PASCA AMANDEMEN UUD 1945 ., Djauhari
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.043 KB)

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).
PENGARUH PEMBANGUNAN DI ERA GLOBALISASI TERHADAP PEMENUHAN HAK ASASI MANUSIA ATAS LINGKUNGAN HIDUP YANG BAIK DAN SEHAT Utomo, Setyo
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.355 KB)

Abstract

Development in the current era of economic globalization has turned out to influence the environmental damage. It certainly has an impact on access to the fulfillment of the human rights guaranteed by the constitution to earn a good living environment and healthy. Every effort has been the development of appropriate attention to the principles of environmental protection laws and sustainable development. Government as a major stakeholder in the obligations of the right to a healthy environment should act progressively in law enforcement efforts in the field of environment and natural resources.
REKONSTRUKSI WAKAF DALAM PERSPEKTIF HUKUM BERBASIS NILAI KEADILAN ., kadarismanto
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (404.602 KB)

Abstract

Waqf management in Indonesia is required commitment of government, scholars and the public. In addition it needs to be redefined on various matters pertaining to Waqf, including waqf property, benefits and management of Waqf endowment professionally. Treasures that will be used as endowments should not be limited to the non-moving objects, but also moving objects such as Waqf cash (money), stocks and others. In addition Endowments must be submitted to a special body has sufficient competence to be able to manage in a professionaland trustworthy. The research method used in this research is the method of sociological juridical means to identify and conceptualize the law as a social institution that is real and reviewing legislation governing endowments. Based on the results of this research is that: 1) In a political perspective the law, endowments in Indonesia is regulated by three legal instruments: the first with the Instrument of Government Regulation No. 28 of 1977, both with istrumen Impres ie Compilation of Islamic Law (CIL) and the latter with Instruments Act Law No. 41 of 2004; 2) Reconstruction of waqf-based equity value in Act No. 41 of 2004 was added to the formulation in Article 22 Endowment for the economic development of the State capital sources, to invest in sectors that benefit; Article 43 Paragraph (3) was added to the formulation of management of waqf objects by nadzir done productively and must make a profit “; Article67 added to the formulation For every person who intentionally abandon Land Endowment, a maximum of 4 years imprisonment and/or compensation of at least Rp.500.000.000,- (five hundred million rupiah).
HUKUM PROGRESIF SEBAGAI SOLUSI HUKUM YANG MENSEJAHTERAKAN RAKYAT ., Mukhidin
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.996 KB)

Abstract

To get out of the slump legal situation in Indonesia, then there must be self-liberation from the conventional way of working madhhab inherited by positive law with all its doctrines and procedures that completely formal procedural fairness that it gave birth to the formal not substantial justice. Enlightenment and liberation from the shackles of the formal procedural course can only be reached through a progressive legal paradigm very concerned about the truth, humanity and justice. Is not that a law exists amongst the people is not only restricted to achieve certainty, but that is far greater than it is to achieve true justice for the welfare of the people. It can only be realized and obtained through a progressive law enforcement.
REKONSTRUKSI PERJANJIAN FIDUSIA ATAS BENDA BERGERAK YANG DIDAFTARKAN BERDASARKAN NILAI KEADILAN ., Sugiatno
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.634 KB)

Abstract

Fiduciary is one form of collateral material that is very well known in the business life in the form of transfer of ownership of an object on the basis of trust. The rule of law in positive law in Indonesia is deemed no longer compatible with the current legal developments, particularly in supporting the economy and the business world. This study use socio-legal studies approach. Socio-legal studies have ultimate goal related to the objective essence of the law, through a reconsideration or a new discovery of legal norms should prevail and that it should not apply. The results obtained in this study: (1) Construction law fiduciary agreement on moving objects according to Law No. 42 of 1999 concerning fiduciary already registered implemented through two (2) phases, namely the loading phase and phase fiduciary guarantee registration. (2) reconstruction of the Articles of Law Number 42 Year 1999 on Fiduciary namely Reconstruction of Article 5, paragraph 1 that the parties should come in the fiduciary deed, the reconstruction of article 29 (1a and c) that the creditor can take the object of fiduciary without dispute to pay off the debt of the debtor. In addition, the reconstruction of the object of Article 31 that the fiduciary are objects that are sold in exchange of sales made on bursa effect until paid off its debts
TINJAUAN YURIDIS PEMIDANAAN CYBERCRIME DALAM PERPEKTIF HUKUM PIDANA POSITIF Sumarwani, Sri
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (403.852 KB)

Abstract

Advances in technology have brought changes and rapid shifts in a life without limits. progress behind it, also has spawned new concerns-concerns with the advent of sophisticated crime in the form of Cybercrime. crime in the virtual world is an attempt to enter and or using a computer or computer network facility without a license and unlawfully with or without cause changes and or damage to computer facilities or used to enter it. Perpetrators of such crimes are not limited to age, territorially crime is also a cross-border crime. The research used in this journal using normative juridical approach, thats explains about the provisions of the legislation in force, associated with the reality on the ground, then analyzed by comparing the demands of ideal values that exist in the legislation with the reality on the ground. The results obtained indicate that the review of judicial punishment in positive criminal law in Indonesia comes in the Criminal Code and the Criminal Code in accordance with the arrangements beyond conventional crime.
REKONSTRUKSI PENEGAKAN HUKUM TERHADAP PERKARA PIDANA PEMILIHAN UMUM BERBASIS NILAI KEADILAN Sulchan, Ahmad
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (381.648 KB)

Abstract

Law enforcement against criminal case elections imposed in order to address the crime of electoral violations. The level of the higher electoral violations seemed to indicate a legal loophole in the Act 8 of 2012 concerning Election, as judged not reflect the sense of justice. This research used juridical sociological issues discussed is closely related to social reality and the real behavior of the man himself. The results obtained (1) that the elections that are administrative violations under the authority of the Commission for settlement, for it contains elements of a criminal offense will be forwarded to the Police of the Republic of Indonesia for its completion, (2) Reconstruction of the settlement law enforcement criminal justice worth elections contained in Article 249 (4) regarding the limitation of time if there is no election violations, Article 249(5) of the 3-month follow-up report after being proven, Article 250 (1.d) regarding criminal acts Election forwarded to the Special Court of election, Article 250 (2) Election forwarded to the Special Court 3 (three) months, and Article 261 paragraph (1), (2), (3), and (4) of the Election Supervisory Body as investigators and prosecutors of Disputed Election which has the authorityto summons Forced, Seizure of Evidence and search of.
UPAYA KEPOLISIAN DALAM MENGATASI TINDAK KEJAHATAN AKIBAT MINUMAN KERAS DI KOTA SEMARANG (Studi Kasus Di Polwiltabes Semarang) Laksana, Andri Winjaya
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.555 KB)

Abstract

Consuming liquor cause a variety of social ills, gave birth to various forms of bad deviation in behavior, morals, religion, psychology, and health. Liquor can be said is the embryo of a crime, because when a person is under the influence of liquor has a tendency to commit crimes, such as persecution, robbery, theft, extortion and even murder. The research method in this study is that sociological juridical procedures used to solve research problems by examining the secondary data in the form of regulations applicable law was followed by conducting research on primary data in the field. The results obtained in the policing effort in tackling crime due to alcohol, among others, include pre-emtive efforts, preventive measures and repressive efforts while the obstacles that arise in police efforts to tackle crime due to alcohol because there is no tradition of drinking to celebrate an event in some areas such as in a wedding or a traditional ceremony, police officers who act irresponsible that protect dealers and sellers of liquor, there is no legislation that specifically regulates the liquor, the absence of strict sanctions for traffickers, sellers, and buyers of liquor that exceeds the prescribed standards, and the lack of participation of the community to participate in tackling abuse of liquor.

Page 1 of 2 | Total Record : 13