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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 3, No 1 (2016): Jurnal Pembaharuan Hukum" : 13 Documents clear
PELINDUNGAN HUKUM TERHADAP TENAGA KERJA INDONESIA DI LUAR NEGERI Arpangi, Arpangi
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (467.504 KB) | DOI: 10.26532/jph.v3i1.1354

Abstract

The number of cases of migrant workers abroad, the need for a protection which is able to overcome the problems or issues that have so far linked dengaan the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. So here is required mutual coordination among the relevant agencies ranging from the local government, the department of labor and Transmigration Decree, the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), Ministry of Foreign Affairs in order to avoid overlapping of authority and mutual tug of power between institutions. The employment of various problems due to labor issues received less attention, especially for developing countries that send their employees abroad or from the country of employment. Lack of attention, lack of protection, not only because of the attention from labor-sending countries out of the country focused on the problems within the country itself, but also due to the problems of violations in the workplace are more likely sealed from public access as well as the dilemma of the workers themselves to fight for their rights. The formulation of the problem to be addressed is how the Indonesian government’s role in protecting Indonesian workers abroad? As stipulated in the Act ano. 39 2004 Article 6 that the government is responsible forenhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers is without pressure from other parties. In order to protectworkers is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers isnot only the duty of the minister of labor alone, but also the duty of the foreign minister. This isin accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations,which is representative of the Republic of Indonesia is obliged to provide care, protection andlegal aid to citizens and legal entities abroad Indonesia in accordance with national legislationand international law and practice.
UPAYA PENGADILAN DALAM PERLINDUNGAN HUKUM ANAK LUAR NIKAH BERDASARKAN SILA KE-5 PANCASILA Dzanurusyamsyi, Dzanurusyamsyi
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (478.781 KB) | DOI: 10.26532/jph.v3i1.1349

Abstract

In accordance with the Marriage Law Article 43 paragraph (1) and Article 100 Compilation of Islamic Law, that child out of wedlock obtain a civil relationship with her mother and her mother’s family. The provisions of article 43 paragraph (1) that the Court’s decision the Constitution of No. 046/PUU-VIII/2010 amended with the new norm, that “children born out of wedlock have links civil with her mother and her mother’s family as well as with men as a father to proven by science and technology and/ or other evidence under the law have blood relations, including civil relations with his father’s family’’ provisions of the new norm is still debatable and the pros and cons in the community that have not been finalized. Therefore, it is necessary to do research on: How Construction illegitimate child protection today; factors that affect the construction of the legal protection of a child out of wedlock is not justice at this time. This study used a qualitative approach with sosiolegal research. Factors that affect the protection of children out of wedlock is not justice due to several factors: -First; Factors Differing perceptions Ulama’ and Judges of children out of wedlock and protection against him; Factors Court decision is very diverse/ varied against illegitimate child protection issues; Factors diversity of perceptions on Registration of Population Administration in Indonesia. Then the provisions of the Marriage Law Article 43 paragraph (1)which has judicial review by the Constitutional Court Decision No. 046/PUU-VIII/2010 and Article 100 of the Compilation of Islamic Law must be reconstructed with the editor of a new article as follows: “a child born out of wedlock has relations civil with her mother and her mother’s family as well as with men as a father who can be proved by science and technology and/ or other evidence under the law have blood relation to the determination/ instruction judge and the Court’s decision, the Muslim Religious Court andbesides Islam in the District Court, including a civil relationship with his family “and there should be an affirmation form of additional chapters in the Marriage Law Article 43 with the editorial article as follows; “If it turns out according to a court ruling that the children who sought their origin was proven seedlings men and women and was born in/ from the marriage valid, then the child becomes legitimate child and have a relationship of civil full and relationships biological children with both parents and get inheritance rights.
PENEGAKAN HUKUM TERHADAP EKSISTENSI BECAK BERMOTOR UMUM (BENTOR) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Suryani, Meta; Mashdurohatun, Anis
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (893.395 KB) | DOI: 10.26532/jph.v3i1.1341

Abstract

The influence of industrialization which is identical to the use of machines in various areas of life influences the development of transportation. Humans begin creating motorized transport such as motorcycles, cars, aircraft, fire Crete, ships and including motorized pedicab and other motor tricycles. The existing of motorized pedicab caused controversy in some areas, because of the problems of legal regulation of traffic and regulatory issues. The problem statements that will be discussed are how the existence of a common motorized pedicab (bentor) as one of land transportation in Indonesia today, and how law enforcement on the existence of a common motorized tricycles (bentor) pursuant to Act No. 22 of 2009? The results showed that: the existence of a common motorized pedicab as one of land transport is increased in all parts of Indonesia; Enforcement of the law against the existence of a common motorized pedicab can not be effective, although Bentor has been unlawful provisions of Law No. 22 of 2009 and other regulations. The law enforcement is more focus on the principle of expediency, so the police do the discretion of the bentor as common operational as public transport, by seeing the its expediency for middle class, especially in district and rural areas and as a form of cultural characteristics existing communal society Indonesia.
PERLINDUNGAN DESAIN INDUSTRI BAGI UMKM YANG BERKEADILAN SOSIAL Sukarmi, Sukarmi
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (446.193 KB) | DOI: 10.26532/jph.v3i1.1350

Abstract

The setting of Industrial Design in Indonesia is the result of transplantation of TRIP’s Agreement and Paris Convention for the Protection of Industrial Property (Paris Convention) the capitalist paradigm. These regulations are difficult to implement optimaly, because of the different of the values   and cultures background. However, due to the juridical and psychological consequences, Indonesia h a s agreed GATT (General Agreement on Tariffs and Trade) and also agreed framework of the GATT/ WTO (World Trade Organization), Indonesia finally ratified through Law No. 7 Year l994. The great hope of Industrial Design Act can be implemented, but the fact the contrary Law No. 31 of 2000 is still not optimal effect mainly by SMEs. It is evident the longer the number of applicants was even more reduced due to the degradation of Creativity and do not meet the values   of social justice. It is prove that the number of applicants was even more reduced due to the degradation of Creativity and do not meet the values of social justice. Alternative step in bridging is done internalization of the values   of Pancasila into the Industrial Design Act as “a spirit or soul” that is expected to provide justice for the designer (SMEs), further, it can development of creativity.
REKONSTRUKSI PEMERIKSAAN PERKARA DI PENGADILAN HUBUNGAN INDUSTRIAL BERBASIS NILAI CEPAT, ADIL DAN MURAH Sejati, Hono
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (469.018 KB) | DOI: 10.26532/jph.v3i1.1345

Abstract

Judge’s decision should reflect the moral justice, social justice, and legal justice, the judge must hear the testimony of the parties, in order to produce a verdict worth of truth, honesty and has a value of fast, fair and cheap. In industrial disputes, the issue is how the dispute is resolved, in order to provide legal certainty based on values   of justice for both workers and employers. Some issues examined in this study were (1) Why the Industrial Relations Court proceedings currently not fast, fair and cheap? (2) what barriers that happens in the proceedings in the Industrial Relations Court today that has not been fast, fair and cheap? How is the reconstruction proceedings in the Industrial Relations Court based the value of fast, fair and cheap? The research used sociological juridical approach. Data collection techniques were done by using interview, observation and documentation. Data were analyzed using interactive analysis method. Results of this study conclude that (1) Examination of the Industrial Relations Court has fast, fair, and inexpensive. It is caused by differences in terms of filing a lawsuit in which the provisions of civil law. In the case of filing a lawsuit on his nervous at the district court in the area where the defendant place residence or domicile (Article 118 HIR / Article 142 RBg, whereas in Article 81 of Law No. 2 of 2004 stipulates that industrial relations disputes lawsuit in the District Court jurisdiction covers the workers / laborers. From these provisions, no factor sequititrum forum rei is known to be abandoned. Forming the Act does not provide an explanation of the application of the principle of a lawsuit filed in the workers / laborers. (2) The obstacles that occur in examinations litigation industrial relations are: filing a lawsuit, calling longer because the place stay defendant outside the jurisdiction of the courts located or the defendant has died, the company that has no operations or directors have left Indonesia, as well as the lack of control of the board Unions / Labour as the holder of the power which is actually not a graduate or undergraduate law will hinder the investigation because the process examination the judge must be active members of the advice and knowledge of proceedings. (3) Reconstruction of the court proceedings in industrial relations is based on the value of fast, fair, and inexpensive which is done by consensus as the settlement of disputes in the Industrial Relations Court.
REKONSTRUKSI PENEGAKAN HUKUM POLITIK UANG DALAM PEMILIHAN KEPALA DAERAH BERBASIS HUKUM PROGRESIF Sugiharto, Imawan
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (510.834 KB) | DOI: 10.26532/jph.v3i1.1351

Abstract

Law enforcement ban on the provision of money or other materials to influence voters in both the legislative elections and the elections of regional heads although in practice the naked eye and is no longer a public secret, but the law enforcement feels very weak. Rarely may not even have happened, law enforcement is applied to Regional Head-Deputy Head candidates who caught giving money or other material known as money politics to win their partner is done transparently, even go to court. In practice, law enforcement is applied only to the person who was caught giving money to someone for choosing a particular candidate. Whereas those arrested is only a messenger of others, for example the Campaign Team of Regional Head Deputy Head Candidates. The purpose of this study was to analyze the influential factors against law enforcement of money politics in regional elections, to find out the shortcomings of political money law enforcement and law enforcement to reconstruct the money politics of the regional elections based progressive law. The results of the research which were done by separating the reconstruction of administrative sanctions such as canceling regional head-deputy head candidates who are convicted of money politics by the Provincial Election Commission or Regional Election Commission upon the recommendation of the Provincial Election Supervisory Board or Regional Election Supervisory Board where the regional head election ongoing and should not wait for the criminal process. While the process of examination of criminal offenses against the political actors of money in provincial or regional elections remain to be done in accordance with the provisions stipulated in the Criminal Procedure Code.
SEMANGAT PEMBAHARUAN DAN PENEGAKAN HUKUM INDONESIA DALAM PERSPEKTIF SOCIOLOGICAL JURISPRUDENCE Junaidi, Muhammad
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.665 KB) | DOI: 10.26532/jph.v3i1.1346

Abstract

The spirit of renewal and law enforcement is often considered only based on a process of renewal and change the old Act to the new Act. If the renewal and law enforcement just conceived so, then the law will continue to be considered not present in the midst of society as part of the settlement of the problem. As a solution needs to be established is to integrate the spirit of renewal and law enforcement collaborated with social reality. Thus the ideal model is expected become law unifying identity as an expression of popular sovereignty and the pattern of State laws harmonization purposes.
PERBANDINGAN MATERI MUATAN KETETAPAN MPR PADA MASA PEMERINTAHAN ORDE LAMA, ORDE BARU, DAN ERA REFORMASI Widayati, Widayati
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.202 KB) | DOI: 10.26532/jph.v3i1.1352

Abstract

Decree of People’s Consultative Assembly (TAP MPR) established since 1960 and 2002. Totally there are 139 Decrees in Consultative Assembly (TAP MPRS and TAP MPR). The whole Decree of People’s Consultative Assembly (TAP MPRS and TAP MPR) was formed during the reign of the Old Orde, the New Orde, and the Reformation Era. TAP MPR was changed in content material along with the change of government and the amendments of 1945 Constitution of The State of The Republic of Indonesia (UUD 1945). Therefore, this study will compare to the substance of the Decree of People’s Consultative Assembly (TAP MPR) on the government period. The method used in this research was normative juridical with secondary data, which was analyzed by the method of normative, then presented descriptively. The change of government affects the substance of the Decree of People’s Consultative Assembly (TAP MPR).
TINJAUAN ANALIS ATAS PENGATURAN WILAYAH LANDAS KONTINEN DENGAN BERLAKUNYA KONVENSI HUKUM LAUT PBB 1982 Chalim, Munsharif Abdul
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (657.097 KB) | DOI: 10.26532/jph.v3i1.1347

Abstract

Before the entry into force of UNCLOS 1982, the continental shelf area governed by Article 1 of the Convention IV Geneva Convention on Law of the Sea 1958, which was implemented by Law No. 1 of 1973. The setting through 1958 Geneva Convention on Law of the Sea benefit for the developed countries only that have the advance technology. To be able to realize the regulating of the use of the continental shelf that is equitable, it is necessary to rebuild or reconstruct the form of national law Act No. 1 In 1973 and international law in the form of the Geneva Convention on Law of the Sea 1958. Two things to note in this reconstruction is the reconstruction of value and the reconstruction of law or settings. Although UNCLOS 1982 has been in force, but the status of Indonesian Act No. 1 of 1973 still impose as the implementation of the Geneva Conventions Year 1958. Several agreements with neighboring countries are being held between the years 1969-19972, of course it is very detrimental to the Indonesia Government. Through reconstruction of national law, in this case the Law No. 1 of 1973, adjusted to international law, namely UNCLOS 1982 is expected that the  regulating of the utilization of natural resources in the continental shelf of Republic Indonesia can provide a fair arrangement. It is necessary to remember that there is a difference in perception between the Law No. 1 of 1973 with the UNCLOS 1982 in the matter of setting the area of the continental shelf.
POLITIK HUKUM PENYELENGGARAAN OTONOMI DAERAH DALAM PERSPEKTIF NEGARA KESATUAN REPUBLIK INDONESIA Kusriyah, Sri
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (433.405 KB) | DOI: 10.26532/jph.v3i1.1339

Abstract

The 1945 Constitution is the highest law in Indonesia. From 1999 to 2002 has experienced four stages of change which were conducted democratically, constitutionally and institutionally bythe Assembly. The setting changes include the Article 18 of the regulation of local government. The Article 18 of the State Constitution RI 1945 is currently implemented by Act No. 23 of 2014 on Regional Government, as the basis of political regional autonomy law in Indonesia. The problem in this research are: how do the the central government and local government be divided in term of authority, how do public services is guaranteed, how do the organizers of local government competency is standardized?, and how do the principles of governance in the Islamic view? The results of the research reveals that Politics Regional Autonomy Law byLaw No. 23 of 2014 the local government is still under control by central Government. Public Service guarantee the principles of the public service. The scope of public services includes: services of public goods and public services as well as administrative services. Management of Public Service, Local Government shall establish public service management with reference to the principles of public service. The Governance Principles in the Perspective of Islam, can be traced in the Qur’an and Hadith include: Power as a mandate, the Council, to uphold the rule of law and justice, leadership, responsibility of leaders, relationship between the leader and the led is based on brotherhood and careness.

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