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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 2, No 1 (2015): Jurnal Pembaharuan Hukum" : 13 Documents clear
IDE DIVERSI DALAM TINDAK PIDANA RINGAN YANG DILAKUKAN ORANG DEWASA BERBASIS KEADILAN Novita, Riya
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.879 KB) | DOI: 10.26532/jph.v2i1.1421

Abstract

Indonesias 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.
REKONSTRUKSI FUNGSI PERS DALAM UNDANG-UNDANG NOMOR 40 TAHUN 1999 TERHADAP PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA BERBASIS NILAI KEADILAN Wibowo, Agus
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.049 KB) | 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.
PENEGAKAN HUKUM PERLINDUNGAN KONSUMEN SEBAGAI UPAYA PENINGKATAN MUTU PRODUKSI NASIONAL Mansyur, Ali; Rahman, Irsan
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (371.519 KB) | DOI: 10.26532/jph.v2i1.1411

Abstract

As the Consumer Protection Law Enforcement Effort for Quality Improvement National Production outlines that globalization opens free market requires businesses to compete on a competitive basis from the galloping pace of international business competition. Opportunities entry of goods importedfrom abroad should be able to be supported by regulations to safeguard the rights of consumers and businesses nationwide are required to produce a quality prodak capable of fulfilling the rights of consumers and be able to compete competitively in the global market. The research method using normative juridical approach with The data collection methods focus on literature study materials secondary law. research shows that the production quality standardization aims to improve consumerprotection and to realize smooth trade and a healthy business climate, embody the fulfillment of the rights of consumers, and improve the quality of prodak grade; The next responsibility of businesses in ensuring the quality of the production is to provide the fulfillment of the rights of consumers, the conception of the activities prohibited to businesses in the form of regulations to not produce harmful products and are not qualified, and quality standardization efforts of national production; whereasconsumer protection law enforcement efforts in improving the quality of national production is through the efforts of standardizing the quality of production, the preventive consumer protection and dispute settlement, prosecution and sanctioning both on aspects of criminal, civil and administrative.
PERLINDUNGAN HUKUM PENGGUNA JASA ELECTRONIC BANKING (E-BANKING) DI TINJAU DARI PERSPEKTIF HUKUM PIDANA DI INDONESIA Witasari, Aryani; Setiono, Aris
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (376.648 KB) | DOI: 10.26532/jph.v2i1.1422

Abstract

Crime e-banking frequent one ATM card forgery. The perpetrators made a complete fake ATM cards with a magnetic stripe that already contains data records of card fraud. In addition to falsify the card, the perpetrators also know the PIN number of the card is duplicated / forged. ATM card forgery or duplication can be done because the necessary equipment to do so can be easily obtained in the market. This study uses normative legal approach by researching library materials or secondary data only, which relates to the legal protection of e-banking customers in the perspective of criminal law, using the approach of legislation, conceptual and historical. The study says that the legal protectiongiven to customers when there is a loss in e-banking transactions are bank provides its customers the facility if the losses caused by the e-banking, the bank facilitates its customers by providing legal assistance in litigation and non-litigation. 2) The legal protection of the victims of the features of e-banking in the standpoint of criminal law, is shared by the two concepts, namely the protection of the law implicitly and explicitly, of the concept of legal protection that customers have the force of law if the victim of the implications that exist within an e -banking.
TINJAUAN HUKUM PEMIDANAAN TERHADAP PELAKU PENYALAHGUNA NARKOTIKA DENGAN SISTEM REHABILITASI Laksana, Andri Winjaya
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (374.538 KB) | DOI: 10.26532/jph.v2i1.1417

Abstract

Narcotics abuse has long been a serious problem in many countries. The conviction of narcotics abusers with imprisonment is an illegal law enforcement, narcotics abusers can be regardedas sick and very unwise when people mix up sick people with other offenders. The approach method used in this research is sociological juridical or socio legal research approach, that isthe way or procedure used to solve the research problem by examining secondary data in the form of legal materials or applicable law regulations then followed by conducting research on data Primary in the field. The result of the research shows that 1) The basis of criminalization of narcotics abuse with rehabilitation system is done with the classification of the Defendant when arrested in the condition of hand caught, 1 (one) day evidence was found with the detail of Law No. 35 of 2009, it was stated positive using narcotics based on Laboratory test letter based on the request of the investigator, Need Certificate from the doctor / soul psychiatrist government appointed by the judge, There is no evidence that the concerned involved in illicit narcotics. 2) The Obstacle of Criminalization Against Narcotics Abuse Culprit with Rehabilitation System due to the conflict between Laws and Regulations on the provision of rehabilitation then becomes the initial trigger for the implementation of rehabilitation in Indonesian punishment system.
TINJAUAN YURIDIS TERHADAP IMPLEMENTASI PIDANA KORUPSI DALAM UPAYA MENGEMBALIKAN KERUGIAN KEUANGAN NEGARA Mustaghfirin, Mustaghfirin; Efendi, Irwanto
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.476 KB) | DOI: 10.26532/jph.v2i1.1412

Abstract

In Indonesia, the nature and form of corruption that has been systemic, thus making every effort to eradicate is not automatically easy to do just because of changes in democraticpolitical constellation. Corruption is closely related to the factor of abuse of authority or influence existing on the person’s position as an official who deviates from the law so that the action is detrimental to the state’s economy and finances. The act of corruption is complex as a complex crime is expressed by the increasingly sophisticated modus operandi used and the shrewdness of the perpetrators in removing traces makes the disclosure of corruption criminal cases increasingly difficult to reach, thus requiring a long time and a difficult way to provesufficiently juridically.Considering that Corruption has been classified as extraordinary crime so that in the effort of eradication and eradication it can no longer be done normally, but in extraordinary ways (Extra Ordinary Counter Measures) as described in general explanation of Law Number: 20 Year 2001 and Law Number: 30 Year 2002 about Corruption Eradication Commission. Necessary support of all components of the nation so that law enforcement officers need not hesitate to take action against anyone who commits a criminal act of corruption because the responsibility of eradicating corruption not only lies on the shoulders of law enforcer only, butalso the responsibility of all components of the nation.
ANALISIS PENERAPAN PRINSIP-PRINSIP KOPERASI DALAM UNDANG-UNDANG KOPERASI (Studi Undang-Undang No. 25 Tahun 1992 dan Undang-Undang No.17 Tahun 2012) Rohmat, Aji Basuki
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.511 KB) | DOI: 10.26532/jph.v2i1.1424

Abstract

Studied law build cooperative efforts very closely related to the economic system adopted by a State, because the legal build cooperative efforts is to learn about the ideology, ideology andeconomic system adopted by the State. Implementation of the application of the Act cooperative must pay attention to the development of co-operative principles are applied internationally, in this case the cooperative principles set out the International Cooperative Alliance and other business practices. This study uses normative juridical approach, in which the specification of research using descriptive analysis that researchers seek will describe the application of the principle of cooperation in an Act. The results obtained show that Law No.25 of 1992 on Cooperatives have applied the principles of cooperative and is in conformity with Article 33 paragraph (1) and paragraph (4) of the Constitution of 1945. In order to repair and renewal of cooperative law , Cooperative Act 25 of 1992 in 2012 renewed by Act 17 of 2012. However, Act 17 of 2012, by most practitioners and cooperative actors considered incompatible with the cooperative identity, so is referred Judicial Review as to Law 17 of 2012 to the Constitutional Court. In its decision the Constitutional Court annul the Cooperative Act 17 of 2012, Since the Act 17 of 2012 is contrary to Article 33 paragraph (1) and (4) of the Act of 1945
KONSTRUKSI PERLINDUNGAN HUKUM DEBITUR DALAM PENYELESAIAN KREDIT BERMASALAH DENGAN PELAKSANAAN LELANG JAMINAN HAK TANGGUNGAN Sulastri, Lusia
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (516.382 KB) | DOI: 10.26532/jph.v2i1.1418

Abstract

The resolutions of non-performing loans with tendering guarantee Encumbrance often bring up the resistance of the debtor in the form of Civil Lawsuit filed to the District Court whichis due to the complexity of the auction and several weaknesses inherent in the Mortgage Law. Issues that will be examined is the debtor regarding the cause of resistance and constructinglegal protection for the debtor, which will then be analyzed by juridical reasons debtor resistance and constructing legal protection for debtors. With the use of methods of doctrinal research is normative juridical will be reviewed by the study of civil cases in the District Court Majalengka and Cirebon.Research into the problem of resistance debtor caused the weaknesses that exist in the Law on Mortgage in particular Article 6 and Article 20 were used as opportunities in filing opposition by the debtor. Clauses are not clear and are not firmly set on the definition of injury Promise of a debtor, limit the authority becomes the object of Encumbrance, and the main thingis the complexity of the auction mainly related to the determination of the value of the object of encumbrance limit unilaterally by the creditor is considered unnatura.Resistance debtor raises the conception of the construction of legal protection to the debtor will be maintained, as well as the Law on Consumer Protection which regulates legal protectionfor debtors and also provides protection against collateral in the debtor from the arbitrariness of the determination of the limit value by “ Tendering Crime “ in the tendering process the security object security rights. Weakness contained in UUHT and determination of limit values of objects in the tenderingprocess encumbrance become the subject matter of this study. For it is very important that creditors be cautious in making loans to its customers, in the handling of non-performing loans,especially the tendering security rights regarding the value of the object of the tender limit creditors should remain guided by the principles of good faith and respect for the property of a person.
IMPLEMENTASI MEDIASI PENAL SEBAGAI PERWUJUDAN NILAINILAI PANCASILA GUNA MENDUKUNG SUPREMASI HUKUM DALAM RANGKA PEMBANGUNAN NASIONAL Yusriando, Yusriando
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (568.491 KB) | DOI: 10.26532/jph.v2i1.1413

Abstract

Implementation of Penal Law Mediation important existence out of court settlement to the case. The substance of penal mediation was born, grow, develop and earth excavated fromIndonesia through the local wisdom of indigenous (local wisdom) and the values   of Pancasila. In Indonesia, the national perspective penal mediation is set in a limited and partial in theRegulations and the Letter of the Chief of Police and regulation. From the persp e ctive of practice, penal mediation is done through the discretion of law enforcement officials, customaryjustice, the jurisprudence of the Supreme Court and the District Court’s decisi o n. Necessary to optimize the application of the values   of Pancasila in the law because it values   the life as a whole contained in the principles of Pancasila. If this is done, the law in question is relatively acceptable because people assume that the law reflects the values   of justice, rule of law, orderand contain the benefits to society so as t o support the rule of l aw in the context of  national development.
PERANAN DAN KEDUDUKAN TENTARA NASIONAL INDONESIA (TNI) DI DALAM RANCANGAN UNDANG-UNDANG KEAMANAN 102 NASIONAL DI TINJAU DARI PERSPEKTIF POLITIK HUKUM DI INDONESIA Chalim, Munsharif Abdul; Farhan, Faisal
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (369.717 KB) | DOI: 10.26532/jph.v2i1.1419

Abstract

The formation of the armed forces in modern States intended to protect and defend the sovereignty of the State and the Nation State. But in reality, there are some inherent in expanding the role of the armed forces. The research method using normative juridical approach with The data collection methods focus on literature study materials secondary law. The results obtained are 1) The nature of national security are all efforts quickly, gradual and integrated by empowering all national forces to create security and stability through a system of national security, national security objectives, aims to create a safe condition of the nation and the Unitary State of the Republic of Indonesia physically and psychic each individual citizen, the people, the government and the State, in order to protect national interests, and delivery functions of national security is to: Establish, maintain, and develop a system of national security as a comprehensive, integrated, focused and realize all areasof national jurisdiction as a unified national security. 2) Politics of law contained in the preparation of a draft law of national security The main objective is to realize a safe condition of the nation and the State unitary Republic of Indonesia physically and psychologically every individual citizen, the people, the government and the State, in order to protect national interests.

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