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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 13 Documents
Search results for , issue " Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum" : 13 Documents clear
FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) terhadap KINERJA PEMERINTAHAN DAERAH dalam MEWUJUDKAN APARATUR PEMERINTAHAN yang BERSIH BEBAS dari KORUPSI KOLUSI NEPOTISME (KKN) Djauhari, Djauhari; Ridwan, Achmad
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.307 KB) | DOI: 10.26532/jph.v2i2.1427

Abstract

The presence of representatives of the people in a democratic country is not to diminish the authority of the executive but should be seen as an attempt to further guarantee of thepeople’s interests in all government policies including local governments. Parliament as an institution that oversees the local regulations and the performance of local governments tosupervise the performance of local regulations and regents in creating clean government free from corruption practices. The approach method in this research is juridical empirical research methods (socio-legal-research). Empirical juridical research is non-doctrinal, empirical studies are descriptiveand has the object of a study on the behavior of people who interact with the system arising from the existing norms. The study says that implementing the oversight function of Parliament on the performance of local government in realizing that corruption-free administration in Bombana consists of: 1)Supervision of the legislation; 2) The supervision over the administration; 3) Supervision of the executive government activities; and 4) Monitoring the establishment of governance that is free of corruption. The obstacles in carrying out oversight of local government performance can be categorized obstacles that come from members of Parliament (internal factors) as wellas the resistance of the external members of parliament (external factors). Barriers to internal factors, namely: education, experience, socio-economic conditions, the work program and thesecretariat. Barriers external factors are: changes in legislation, the recruitment of political parties and public participation.
PERLINDUNGAN HUKUM TERHADAP KORBAN KEJAHATAN PERDAGANGAN ORANG (STUDI TENTANG IMPLEMENTASI UNDANG-UNDANG NO. 21 TAHUN 2007) Hanim, Lathifah; Prakoso, Adityo Putro
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (385.671 KB) | DOI: 10.26532/jph.v2i2.1434

Abstract

Human Trafficking especially against women and children is a crime whose perpetrators must be severely punished. Most victims of trafficking are women and children whose educational level is low and the weak economic situation, therefore victims should receive legal protection. The method used in this research is juridical sociological or socio legal research, the method or procedure used to solve research problems by examining secondary data such as ingredients laws or regulations applicable law followed by conducting research on the data primer on the field. The results showed, 1) factors that cause human trafficking are poverty, low education, Promiscuity, lack of information. 2) obstacles in the legal protection for trafficking victims even though the government has issued Law No. 21 of 2007 on the Eradication of Trafficking in Persons, but it is unfortunate that the law can not be enforced effectively, because there are some obstacles in the form factor of non-juridical include economic factors, poverty, education factors are low and social and cultural factors.
JABATAN NOTARIS DI INDONESIA DALAM JERAT LIBERALISASI Bachrudin, Bachrudin
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (392.323 KB) | DOI: 10.26532/jph.v2i2.1428

Abstract

The function of Notary Public is as state’s representative in civil cases. The purposes of Notary Public’s figuration in a blueprint are for creating the regularity in law’s relationship. However, there are still liberalization’s phenomenon in practice position of Notary Public, such as “tariff war” and “certificate’s industrialization”. It is a form of “denial” of the respectability, dignity and prestige of Notary Public, which is worried, will pull down the respectability, dignity and prestige of Notary Public and also pull down the respectability and authority of the nationinh erently as the authority giver of Notary Public’s position. The state must give the special attention by applying the values of Pancasila as a unity and comprehensive in act’s regulations of Notary Public and practice position of Notary Public.
RECONSTRUCTION OF INDONESIAN AGREEMENT LAW Arifin, Miftah
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (464.035 KB) | DOI: 10.26532/jph.v2i2.1435

Abstract

In line with the development of a society that increasingly has been complex in modern times, there grow a variety of risks which are potential to be threats to any parties who haveexpectations for the success of the transactions they conduct. To realize the expectations, there has been developed the norms of law in the form of a set of principles and the rule of law. They are commonly understood as a legal contract or legal agreement (law of contracts) that is expected to increase certainty, justice and predictability and at the same time a device for parties to manage risk (risk management device).The development of treaty law set out in Book III of the Civil Code is affected by legislation such as the Basic Agrarian Law and Consumer Protection Law, judicial decisions and practicescarried out by the parties in their dealings. Basic Agrarian Law and its implementation rules give legal certainty to buyers with good intention.That’s why the future of the Indonesian National Contract Law should be developed by adhering to some of the main qualities, namely: first, it must be derived from the values of Pancasila and the Preamble and the relevant provisions of the Act of 1945. In other words, thoughts rising from the philosophy of life of the Indonesian nation and the constitutional basis of the Republic of Indonesia must become a national political treaty law; legal and political as far as possible is what animates the substance of Law of the National Agreement; second, must be designed as a sub-codification of law codification National Commitments to come, so that the preparation of the Law on National Contract Law would be prepared in anticipation of the general principles of the new Indonesian Engagements law; third, it must be designed as the foundation for the Law of Treaties of Indonesia, without having to assign a specific orientation to the civil law, common law, Islamic law or customary law, or other legal traditions. Law onNational Contract Law should be developed as a typical Indonesian Contract Law, because it is in line with the principles of Pancasila values. Yet, it should be able to answer legal issues.
IMPLEMENTASI DISIPLIN GURU SD DALAM MENTAATI PERATURAN PERUNDANGUNDANGAN TENTANG DISIPLIN PNS DI UPPK TAMAN DINDIKPORA KABUPATEN PEMALANG Gunarto, Gunarto; Teguh, Iman
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (364.226 KB) | DOI: 10.26532/jph.v2i2.1429

Abstract

Elementary teachers are professional educators with the primary task of educating, teaching, guiding, directing, train, assess, and evaluate students. Implementation of Government Regulation No. 53 of 2010 on Discipline of Civil Servants and Pemalang decree No. 26 of 2012 on Days and Hours of Work PNS Pemalang regency government, which regulates the working hours of teachers pose problems for elementary school teachers. This research method using sociological juridical approach. The results mentioned: 1) Implementation discipline elementary school teacher for adhering to regulations concerning thediscipline of civil servants in UPPK Park is the implementation of Government Regulation No. 53 of 2010 on Discipline of civil servants, and the decree Pemalang Number 26 Year 2012 on Days and Hours of Work PNS District Government Pemalang. 2) The problems that arise are not all elementary school teachers to obey the rules of discipline of civil servants on working hours of civil servants, 3) solution the problems that arise include: a) Orientation on elementary school teachers on discipline regulations on working hours PNS PNS. b) Monitoring the implementation of discipline Elementary School Teacher of regulations more intensified civil servants workinghours. c) Provision of strict sanctions for elementary school teachers who violate the rules of discipline of civil servants in working hours of civil servants obey. d) The reset of the timingof the task of the teacher so the teacher can carry out all tasks without violating civil service disciplinary regulations on working hours of civil servants.
KEDUDUKAN DAN WEWENANG MAHKAMAH KONSTITUSI DALAM SISTEM HUKUM KETATANEGARAAN INDONESIA Darmadi, Nanang Sri
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (368.642 KB) | DOI: 10.26532/jph.v2i2.1436

Abstract

Constitutional changes have spawned the Constitutional Court. In the Constitutional Court, the Constitution guaranteed as a supreme law that can be enforced properly. The method usedin this research is normative, because the study was conducted by examining the ingredients of libraries or secondary data relating to the position and authority of the Constitutional Courtin the constitutional system of Indonesia. The conclusion of this study is thinking about the importance of a Constitutional Court in Indonesia has emerged during the discussion of the draft Constitution in BPUPKI, then the idea of the necessity of judicial re-emerged during the discussion of the Draft Law on Judicial Power. At the time of the discussion of the 1945 changesin the reform era, between the importance of the Constitutional Court to reappear. In the end, the Third Amendment to the 1945 birth of the Constitutional Court, which serves as the guardianof the constitution and the interpreter of the Constitution. Position of the Constitutional Court is part of the judicial authority and has equal status with the Supreme Court. The Constitutional Court has four powers and the constitutional obligation, ie testing the laws  of the constitution, rule on the dispute the authority of state institutions the authority granted by the Constitution,dissolution of political parties; and to decide disputes concerning the results of the general election. A constitutional obligation of the Constitutional Court, which give a decision on the opinion ofParliament on the alleged violation by the President/and or vice president by the Constitution.
AZAS ULTIMUM REMEDIUM ATAUKAH AZAS PRIMUM REMEDIUM YANG DIANUT DALAM PENEGAKAN HUKUM PIDANA PADA TINDAK PIDANA LINGKUNGAN HIDUP PADA UU NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Subyakto, Kukuh
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (343.031 KB) | DOI: 10.26532/jph.v2i2.1431

Abstract

Criminal law enforcement in cracking down on the provisions of environmental protection and environmental protection law (Law No. 32 of 2009) is not the only means of enforcing environmental law. In addition to criminal sanctions stipulated in Law no. 32 of 2009 on UUPPLH there are still other sanctions for individuals and corporations that violate the provisions in the protection and management of the environment.The principle of ultimum remedium is the principle of criminal law, in which criminal punishment or punishment is an alternative or last resort in law enforcement including law enforcement in the field of living environment, while primum remedium is the opposite of ultimum remedium where criminal law enforcement through criminal sanction in the form of imposition of suffering against a person As well as corporations are preferred in law enforcement including enforcement of environmental law.Law No. 32 of 2009 on Environmental Protection and Management in enforcing its criminal provisions emphasizes the application of premature remedium principles in enforcingenvironmental criminal law.
PELANGGARAN PERPRES NOMOR 54 TAHUN 2010 TENTANG PENGADAAN BARANG DAN JASA PEMERINTAH OLEH PENYEDIA BARANG DAN JASA ATAU PENGGUNA JASA DALAM PERSPEKTIF TINDAK PIDANA KORUPSI Hafidz, Jawade; Widodo, Agung
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.42 KB) | DOI: 10.26532/jph.v2i2.1425

Abstract

The government as a provider of services to the community, is both basic services and basic semi- service the needs of society. Basic categories of services financed through the taxsystem, while the semi basic services financed through levies which essentially is a community participation in financing certain services in question. The research method using normativejuridical approach that was then analyzed qualitatively normative. The results obtained states that: 1).Implementation of Presidential Decree 54 of 2010 on the procurement of goods and services may not be helpful and not useful. This is because it turns out the implementation activities of government goods/services, violations can occur at anytime in any process. Potential violations in procurement of government goods/serviceshave occurred from the initial stage to the final stage, which can be divided into three phases:preparation, implementation phase, and phase. 2).Countermeasures violations carried out in the form of supervision over the course of Presidential Decree No. 54 of 2010 Concerning Procurement of Government Goods and Services so that they can minimize the potential for evil that can cause irregularities that led to the creation of unfair business competition.
KONSTRUKSI HUKUM LEMBAGA PENYELENGGARA PEMILIHAN UMUM DI INDONESIA DITINJAU DARI TEORI STUFENBAU Haryanti, Dewi
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (370.365 KB) | DOI: 10.26532/jph.v2i2.1437

Abstract

The organizers of the elections are the institutions that hold elections. While the general election (hereinafter abbreviated as the election) is a means to realize the sovereignty of thepeople in the government of the Unitary State of the Republic of Indonesia in order to produce a democratic state government based on Pancasila and the 1945 Constitution of the State ofthe Republic of Indonesia.Election organizers are institutions that organize elections consisting of KPU, Bawaslu and DKPP which is a unified function of the election. The juridical basis for the establishment ofelection organizers is Pancasila, the 1945 Constitution of the Republic of Indonesia and the Law on Election Organizer. Furthermore, it is technically regulated through election management regulations such as PKPU,Perbawaslu, and DKPP Regulations. And other more technical provisions set forth in the Decision of the General Election Organizer and the Circulars.The appropriate legal theory for the establishment of election organizers is Stufenbau Theory which states that the legal systemis a tiered system of rules where the lowest legal norms should  cling to higher legal norms, and the supreme law should cling to the most legal norms Fundamental (grundnorm). This can be seen from the juridical basis of the formation of electionorganizers are Pancasila as grundnormnya, the 1945 Constitution of NRI as its constitution, and the Law on election organizers.
SISTEM PEMIDANAAN EDUKATIF TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA Arpangi, Arpangi; Wastoni, Amin
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (355.245 KB) | DOI: 10.26532/jph.v2i2.1432

Abstract

Criminal system that applies to an offense committed by children today are based solely on the nature of pemidanaannya alone. The granting of the criminal system in education is a solution in changing a child’s behavior for the better.The research method used in this study using normative. The results mentioned: 1) The system of sentencing educational for children as a criminal has been regulated in Law Number 3 of 1997, primarily related to the sanctions imposed against the child pursuant to Article 24 paragraph (1), namely to restore to parents, guardians, or foster parents; handed over to the state for education, training and job training; or submit to the Department of Social, Community or social organization engaged in education, training, and job training. Efforts to include children in prisons or detention is a last effort. 2) Barriers to implementation of the criminal system educative for children Indonesian judges in the criminal punishment for children in conflict with the law refers only to the laws that are applied rigidly regardless of background, interests of the child, and the psychological impact on the verdict and without prioritizing justice for children.

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