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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 3 (2015): Jurnal Pembaharuan Hukum" : 13 Documents clear
KEOTENTIKAN AKTA JAMINAN FIDUSIA YANG TIDAK DITANDATANGANI DI HADAPAN NOTARIS Sudiharto, Sudiharto
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (385.905 KB) | DOI: 10.26532/jph.v2i3.1504

Abstract

The Fiduciary Guaranty Act (AJF) must be made in authentic form and AJF registration must be performed online. This article is for identifying and answering unsigned fiduciary deed issues in the presence of Notary and registration of fiduciary guarantee deeds conducted online. Article 5 Paragraph (1) of Law Number 42 Year 1999 regarding Fiduciary Guaranty, explains “The imposition of objects with Fiduciary Guarantee is made by notary deed in the Indonesian language and is a deed of Fiduciary Guarantee.”The notarial deed, hereinafter referred to as Deed, is regulated in Article 1 number 7 of Law Number 2 Year 2014 regarding Amendment to Law Number 30 of 2004 concerning Notary Position, is an authentic deed made by or in the presence of Notary according to the form and procedure stipulated In this Act.The fiduciary guarantee deed is a partial deed, the deed made before the Notary Public, in practice the Notary is referred to as the party deed. The contents of the party’s deeds are a description or description, statements of the parties given or told before a Notary. The parties wish that their description or statement be poured into the form of Notary deed. Thus, the notary in this case reads and witnesses the signing made before him. Facing intended that the deed is done “reading” and “signing” in front of a notary, as a general official.The purpose of this study to be some of these problems. Method Approach is done Sociological Juridical Method with qualitative data analysis. Technique of data collecting is done by Study of Literature and Interview. The results of the research indicate that the fiduciary guarantee certificate that is made is not in accordance with Article 1868 of the Criminal Code signed in the presence of a Notary having the power to prove the deed under the hand. Moderate certificates issued by Online registration are considered lawful.
WANITA HAMIL DI LUAR NIKAH ( STATUS ANAK ) Ulfah, Maria
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (496.447 KB) | DOI: 10.26532/jph.v2i3.1510

Abstract

A child born of pregnancy outside or before a legal marriage, is considered an adulterous child, can not be fathered to a father and each of them is neither inherited nor inherited. Therefore there is a marriage to cover it and the period of pregnancy has been determined, ie at least / at least six months. If the baby’s birth after the minimum period of marriage, by law the child is considered a legitimate child. Apart from that the Messenger of Allah. Also has provided that a wife who is still in the marriage contract of her husband, every child she is born, even though from the result of adultery, is considered by law is her husband’s son.
PERAN POLRI DALAM PEMBERANTASAN PERUSAKAN HUTAN Sodik, Anwar
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (475.112 KB) | DOI: 10.26532/jph.v2i3.1505

Abstract

The problem of forest destruction remains a national issue that requires serious attention from all sides. The necessity of the above gain serious attention is not due to the high forms of violation of forest destruction. Increased forest destruction related offenses easily known by the public not only through reports in the mass media, both print and electronic, but also from various data issued by various institutions, both private and government. Police as one of the institutions responsible for upholding the law must be prosecuted participation in supporting the realization of combating the destruction of forests. In connection with this, the problems that wish to reply to the author in this study about : How is the role of the police in combating forest destruction, efforts have been made by the police in the clearance of forest destruction, constraints What are occurring in the implementation combating forest destruction has been done by law enforcement officials Police in Perum Perhutani Forest Management Unit Kendal and alternative solutions to completion.This type of research used in this study is a normative legal research, with descriptive research normative specifications. The data source can be either secondary data and primary data, for the data collection method by means of literature study and interviews. Data analysis method used was qualitative analysis for this study starts from the existing regulations as the basis for positive law.From the results of this study concluded that: handling Combating Deforestation is not maximized and still piecemeal in handling, between the national police and Perum Perhutani still not fully synergies due to the absence of good cooperation with the team because the team is in the handling of forest destruction has not been working in groups , so as to enhance and maximize efforts should be made to develop cooperation component of the criminal Justice System (CJS) in order to create synergy between law enforcement officers in tackling crime forest destruction and laundering the proceeds of forest destruction and formed a team / joint task force of Perum Perhutani with the Police and given awards or rewards for their dedication in the disclosure of forest destruction that have been disturbing and detrimental to a country with immense loss.
ANALISIS YURIDIS SOSIOLOGIS TERHADAP PERLINDUNGAN ANAK DALAM KASUS EKSPLOITASI PEKERJA ANAK Hamamah, Fatin
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.107 KB) | DOI: 10.26532/jph.v2i3.1499

Abstract

The phenomenon of child labor is currently a problem that is difficult to overcome, child labor appears not only caused by economic factors, but also caused by environmental factors and family. The purpose of this study is to analyze and find the characteristics of child laborers who have the potential for exploitation and the role of government in handling the problem. This research uses qualitative method with data collection technique done by observation (observation), free in-depth interview and supported by literature study. The results showed that the characteristics of child labor problems are mainly related to poverty and underdevelopment. The role of government in handling the problem of child labor is to accommodate the best interests of children to save the survival of the Nation and the State through the guarantee of life protection of Indonesian children by legislative, executive or judiciary.
PERBANDINGAN HUKUM KEDUDUKAN AHLI WARIS PENGGANTI BERDASARKAN HUKUM KEWARISAN ISLAM DENGAN HUKUM KEWARISAN MENURUT KUHPERDATA Listyawati, Peni Rinda; Dazriani, Wa
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (500.572 KB) | DOI: 10.26532/jph.v2i3.1511

Abstract

Indonesia imposed three legal systems, namely western law, Islamic law and customary law, each of which has its own arrangements, including inheritance arrangements, in particular on the provisions of the replacement heirs. The legal arrangement of inheritance regarding the provisions of the replacement heirs there are similarities and differences of position which are set by each legal system, especially between Islamic inheritance law and inheritance law according to the Civil Code. The research method used by the method of juridical normative in the form of theory, concept and idea about the comparison of surrogate heirs between Islamic inheritance law with the law of inheritance according to the Civil Code. In the research conducted, the authors obtained the result that the position of the surrogate heirs in the inheritance of Islam formulated tentatively in Article 185 paragraph (1) KHI and in the Civil Code formulated in Article 841-848 Civil Code. Differences of substitute heirs according to the Law of Inheritance of Islam with the Law of Inheritance according to the Civil Code one of which is the right that the substituted heirs obtain is not necessarily the same as the right of the person to be replaced, nor shall it be exceeded from the part of the heir equal to that which is replaced, but may be reduced. According to the inheritance law of the Civil Code of the section to be obtained the heirs who replaced his father’s position exactly the same as the part that should have been his father if his father still lives from the heir.
PENERAPAN DIVERSI DALAM PENANGANAN TINDAK PIDANA YANG DILAKUKAN ANAK DI POLRES SEMARANG Hartono, Hartono
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (821.875 KB) | DOI: 10.26532/jph.v2i3.1506

Abstract

Actions taken by the Police Semarang in dealing with criminal offenses committed by children that is of a criminal offense of theft committed by children, is through the diversion, the thought of giving authority to the law enforcement officers to take measures wisdom in handling or resolving problems offense children by not taking a formal way among others to stop or discontinue / release of the criminal justice process or return/hand over to the public and other forms of activities of other social services. Implementation of diversion itself can actually be done at all levels, namely examination of the investigation, prosecution, examination at trial to the stage of the implementation of decisions. This implementation is intended to reduce the negative impact of children’s involvement in the judicial process. In the investigation of the child in the case of juvenile delinquents in Semarang Police carried out by investigators of the Child, established by the Decree of the Head of the Indonesian National Police or an officer designated by him. Thus Investigator General can not conduct an investigation of a case brat, except in certain cases, such as child investigator yet in place
PERLINDUNGAN HUKUM TERHADAP PENGUASAAN HARTA BAWAAN DAN HARTA BERSAMA SETELAH PERCERAIAN MENURUT UU NO. 1 TAHUN 1974 TENTANG PERKAWINAN BERBASIS KEADILAN Zulfiani, Zulfiani
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (653.562 KB) | DOI: 10.26532/jph.v2i3.1501

Abstract

In marriage institutions the community has long known the mixing of marriage property. Both joint property and possessions. The arrangement of joint property and luggage is regulated in Chapter VII Article 35 paragraph (1) and (2) of Law No. 1 of 1974 on Marriage. Control over joint property after divorce is divided into two / seperdua while the property is controlled by each party. And for the legal protection of marital property, a marriage contract (Prenuptial Agreement) is applied for the religious observers in the Office of Religious Affairs in the presence of the Registrar Officer, while the Non-Muslim Officers are conducted at the Civil Registry to anticipate the legal consequences of the property in marriage.
IMPLIKASI PENCABUTAN HAK ATAS TANAH TERHADAP PERLINDUNGAN HAK ASASI MANUSIA Faturrahim, Faturrahim
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (402.877 KB) | DOI: 10.26532/jph.v2i3.1512

Abstract

Ownership of land rights is a fundamental right that is also a part of human rights. Revocation of ownership of land rights by the president is done for the public interest. The protection of subjects rights to the right to repeal of rights is based on an understanding of the common sense. Public interest is an abstract, easily understood theoretically, but becomes very complex when implemented.
TINJAUAN HUKUM KEDUDUKAN DAN FUNGSI NOTARIS SEBAGAI PEJABAT UMUM DALAM MEMBUAT AKTA OTENTIK (Studi Kasus di Kecamatan Bergas Kabupaten Semarang) Ma’ruf, Umar; Wijaya, Dony
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.457 KB) | DOI: 10.26532/jph.v2i3.1507

Abstract

Notary is a public official assigned to represent the country and is a profession. So the notary gets trust by both government and society. The value of this trust that a notary publicly has as a general official not only because he obtained because of the law in making an authentic deed. This study uses empirical juridical approach, which is a method used to solve problems by first researching the primary data in the field and then followed by a study of secondary data available.The result of the research states that 1) the function of the notary as a public official is to make an authentic deed of all acts, agreements and statutes required by laws and regulations as well as a notary authorized to validate the signature and specify the date of the letter under the hand by registering in a special book , To record the letters under his / her hand by registering in a special book, to make copies of the original letters under the hand in the form of copies containing the description as written and described in the corresponding letter, endorsing matches and photocopies with the original letter, 2) Efforts Preventive measures that can be made by a notary in making authentic deed so that no mistake occurs in the exercise of its authority of making an authentic deed, the notary must make the deed in accordance with the forms and ordinances established by law.
MODEL PERLINDUNGAN PREVENTIF BAGI KONSUMEN ONLINESHOP MELALUI KETERBUKAAN INFORMASI Tukinah, Ukie
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (602.266 KB) | DOI: 10.26532/jph.v2i3.1502

Abstract

Increasingly popular activity online transactions conducted in the era of technological sophistication, because it has many advantages that can reduce the cost of sale and also enable consumers to shop. However, there are drawbacks of online transactions, the absence of a meeting between businessmen and consumers and the limited access of consumers to examine and see first hand the goods to be purchased. This weakness that has not been optimally accommodated by the government where there are still gaps violations of consumer rights. The study analyzes the normative connectedness online entrepreneurs get their business license legality with consumer protection. But in the licensing business licensing are not regulated marketing system through online media (Onlineshop), but quite the online transaction activity has great potential cause pencideraan the rights of consumers. The results of this study indicate that there are no special arrangements for the business registration mechanism onlineshop and lack of public access to information related to the existence of businesses onlineshop. Thereby consumer protection model that made the researcher is a form of standardization of the provisions of indicators: (1) locus; (2) tempus; (3) the subject of law; (4) the type of products sold; (5) the type of marketing; (6) the necessity of special licenses for businesses that perform online marketing; and (7) should be no public disclosure of information so as to materialize. Standardization of this provision shall be submitted to the central government to be made a joint regulation of communications and information minister and trade minister.

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