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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 2 (2016): Jurnal Pembaharuan Hukum" : 13 Documents clear
PERLINDUNGAN HUKUM KREDITOR DENGAN OBJEK HAK GUNA BANGUNAN YANG BERAKHIR JANGKA WAKTUNYA SEBELUM PERJANJIAN KREDIT JATUH TEMPO Dharmanto, Lushun Adji
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (346.666 KB) | DOI: 10.26532/jph.v3i2.1450

Abstract

Expiry of broking which the credit agreement are not yet due date or the debtor has not paid off debts became a problem in banking, especially if the debtor in default, it will be detrimental to the creditors. Creditors need legal protection in order to obtain credit accounts back. Therefore, the law does not regulate legal protection against creditors which Broking as credit insurance has expired, while loans have not yet due date, so the bank can perform preventive efforts before credit is granted or act of anticipation.
KEDUDUKAN DAN KEWENANGAN MAJELIS PERMUSYAWARATAN RAKYAT DALAM ERA REFORMASI Rohmat, Ah. Mujib
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.627 KB) | DOI: 10.26532/jph.v3i2.1408

Abstract

Amendment 1945 to the beginning of the Reformation (1999-2002) led to a fundamental change in the position and authority of the Assembly. When the previous General Assembly is the highest state institutions with enormous power turned intostate institutions “normal” position in line with other state institutions such as the Parliament, the President, and the Supreme Court. When the previous General Assembly has the authority so large that after the changes, the authority is reduced, no longer authorized to elect the President and Vice President, the President and / or Vice President in his tenure as easy, and organize the lines of state policy (includingguidelines on therein).The decline position and a reduction in the authority of the Assembly is a positive impact on the state system and our democracy. With the position of the Assembly in line with the institutions of other countries then realized mutual control and balance (checks and balances) between branches of state power that can be prevented or minimized the abuse of authority, violation of the constitution, and the attitude / authoritarian andrepressive policies of a state institution. Reduced authority of the General Assembly so that it no longer has enormous power, even indefinitely have a positive impact, namely to prevent potential violations of constitutional or human rights as well as the development of democratic life quality.
REKONSTRUKSI PARATE EKSEKUSI HAK TANGGUNGAN ATAS TANAH Yang BERBASIS NILAI KEADILAN Arifin, Zaenal
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (381.086 KB) | DOI: 10.26532/jph.v3i2.1439

Abstract

Charging for the guarantee for creditors through the agency of mortgage right, which is based on the provisions of Law No. 4 of 1996 on Mortgage Right, has advantages where the first holder of mortgage right has the right to sell the object of mortgage right on its own power or commonly known as parate execution. However in practice, parate execution can not be carried out in line with expectations and the ideals of the establishment of these legislation. As aresult, the creditors does not get easy, legal certainty, and fairness to perform parate execution of security object. This is because parate execution meant in Law No. 4 of 1996 on Mortgage Right, construed as a substitute for hypotik grosse deed, not based on the promise to sell on its own power or “beding van eigenmactig verkoop”. Above this, required reconstruction parate execution of mortgage right, so that later can ensure easy, legal certainty, and especially givesfairness to creditors.
PERUBAHAN SISTEM HUKUM MENUJU JATI DIRI SEBUAH NEGARA Abra, Emy Hajar
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.565 KB) | DOI: 10.26532/jph.v3i2.1451

Abstract

Legal system of a state determine the main source of law in making a legal policy,  clearly legal systems has certain characteristic although on the development differences among legal system cannot be seen clearly.To comprehend and strengthen the legal systemof a staterequired an observation toward legal system of other states as comparison. The function of legal systems comparison is the basis to grouping states into the family of legal system.Basically legal system describes legal form of a state, hence when a legal system createdfrom structure, substance and culture of certain state the legal system must reflect the state identity. Several factors influence the process to develop a legal system, such as economics, political and social. Means, legal system could be form not only by internal values but also external factorsof state. As a result to avoid legal systems with thin similarities and differences, finding a suitable legal system that in line with the identity of a country is a better way.Discussion about the thin differences between Continental European and Anglo-Saxon do not get big attention as before, impressed ignored and turn out trigger of questions. Why a stateunable to consistently espoused the legal system?, whethergrouping legal systemsinto family of legal system no longer important?. This paper will answer those question by deeply examinethe restorationof legal system so that in line with the historical value of a state.  Colonized states often apply legal system that comes from colonizer after independent which means their legal system is notthe state pure legal system that can be incompatible with the values that develop in a state. Would be inconsistent when the legal system applied is Continental European, but in fact the values, laws, institutions and legal verdict are based on the values of religious, Islam for instance.Gambia,a state in Africa with 95% of population is Muslim and the former British colonytake a big step by leave the legacy of colonial legal system, Anglo-Saxon.  Gambia. How could a state forced to follow the legal systems of other states remember law is an independent rule, free from interference and coercion. This is the focus study will explain about that when legal system with openness value must have consistency with values that recognizedand upheld by society in a state. As a result changes in a legal system toward identity of a country are necessity and inevitable. On the other hand, debates and critics on the thin differences of legal system should be an independent study to discuss. 
AKIBAT HUKUM AKTA PERJANJIAN KREDIT YANG DIBUAT NOTARIS DENGAN JAMINAN HAK TANGGUNGAN ADANYA KEPASTIAN HUKUM DAN KEADILAN PARA PIHAK Supartini, Oting; Mashdurohatun, Anis
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (384.087 KB) | DOI: 10.26532/jph.v3i2.1443

Abstract

The purpose of this study is the legal consequences arising out of the Credit Agreement with the guarantee of mortgage studies in case number 127 / Pdt.G / 2014 / PN.SMG, in the District Court of New York, How should a notary to make loan agreement with the Mortgage Guarantee ensure legal certainty.In this study, using juridical empirical method. Type and source of the data used in the primary and secondary data. Collecting data with the study of literature and the (observation, interviews and questionnaires). Analysis of data for qualitative descriptive. As a result of the law on the ratification of the creditors of the credit agreement by notary, with a guarantee of mortgage, based on the wording of Article 6 of Law No. I R 4 Year 1996 on Land  and Other Bodies related to the land, the right to sell the object of mortgage on its own power is one embodiment of the priority positions (referent). And as a result of the law of the debtor apply Article 1338 of the Civil Code, Article 1243 applies, Article 1244KUHPerdata, and Article 1237, paragraph (2) of the Civil Code. The legal consequences of Notaries that have fulfilled the provisions of Article 1320 of the Civil Code in accordance with the obligations of and is not in violation of Article 16 on the obligation of, and in compliance with the Article 38, 39, 40 andArticle 44 paragraph (1), (2), (3) and paragraph (4), Law of Republic of Indonesia No. 30 2004 Jo No. 2 Year 2014 concerning Notary and do not violate the code of ethics of the notary, so that the act is still not degraded to act under the hand. Of a credit agreement with a guarantee of mortgage that guarantees the rule of law and justice of the parties, the fulfillment of Article 1320, Article 1321 of the Civil Code, and Notary must comply with Article 15 and Article 16 ofthe Law Notary, implement the Code of conduct and other Law.
RECONSTRUCTION CADET’S CODE OF CONDUCT AS EFFORTS TO BREAK THE CHAIN OF VIOLENCE / BULLYING TO REMOVE THE HUMAN RIGHTS VIOLATIONS AT MERCHANT MARINE UNIVERSITY IN INDONESIA Winarno, Winarno
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (333.172 KB) | DOI: 10.26532/jph.v3i2.1452

Abstract

The problems of violence in the world of education is one of the urgent problems obtaining enough sharp spotlight, because in some cases of violence in the educational environment, especially in the merchant marine university  in Indonesian resulting in death. Environmental issues of violence in the Indonesia’s merchant marine university need to be addressed appropriately, especially through the application of disciplinary norms to discipline the cadets.          With the existence of some cases of violence in merchant marine university in Indonesia, saw some of the constraints of handling violence and see that there are many weaknesses in the handling of cases of violence, it is a very important thing to note is the application of norms that discipline is able to accommodate the needs of cadets. Thus norms applicable rules should be tailored to the needs of the various parties involved in the Indonesia’s merchant marine university, as well as to be able to pay attention to happiness and cultivate paradigm corresponding to the shape of the protection of human rights.
PERCOBAAN PEMBUNUHAN SEBAGAI PENGHALANG HAK WARIS PERSPEKTIF HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM Khisni, Akhmad; Ulinnuha, M
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (390.321 KB) | DOI: 10.26532/jph.v3i2.1447

Abstract

ABSTRACTIn terms of the obstruction of the right of inheritance for the crime of attempted murder of a conflict between Islamic Law and Islamic Law Compilation (KHI). In Islamic law, which was the cause of obstruction of the right of inheritance is someone for murder, slavery, religious differences, and different countries. In conditions that are not elements of the crime of attempted murder as the cause of obstruction of an inheritance. This provision departs from the principle of law in Islamic law regarding jarimah completed the murder and no jarimah / pending (attempted murder).On the other hand, clearly states KHI jarimah attempted murder is the element that causes obstruction of the right of inheritance as a provision contained in Article 173 KHI. Thus visible difference between the provisions of Islamic law and KHI, which has been placed as the provisions of Islamic law for the people of Indonesia. To address the problem, the authors use the research methods of law with juridical-normative legal research conducted by prioritizing research library materials or documents referred to secondary data, in the form of legal materials, primary and secondary. Specifications research is descriptive, which aims to give an overview conducted by way of qualitative theories of law and legal doctrine, and expert opinion of Islamic law.In conclusion, between Islamic law and there is no difference KHI opposite each other with respect to the legal principles adopted by each. The provisions in Article 173 KHI can be filed as a realization of the principles of Islamic law in the delivery of a legal provision will be enforced to have known it, or judge to determine the sentence for the crime tazir (jarimah). Conditions resulting known it, or judge it to be established in the form of a regulatory law that was born because of judicial decisions (jurisprudence), which in this case is the provision of an obstruction of the right of inheritance for reasons of criminal offenses of attempted murder.
PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN Prayogo, Sedyo
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (350.556 KB) | DOI: 10.26532/jph.v3i2.1453

Abstract

The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, because memng agreement based on the agreement that a rapprochement between the parties will make arrangements. While the legal consequences of an engagement that is born of a statute may not be desired by the parties, but the relationship of law and the legal consequences prescribed by law. Legal issues that arise in case there is a contractual relationship between the parties and the event of default can filed a lawsuit against the law. Based on the identification and analysis, the authors conclude that the draft Civil Code distinguishes between tort lawsuit is based on the contractual relationship between the Plaintiff and the Defendant and tort claims where there is no contractual relationship between the Plaintiff and the Defendant. Developments in the practice of court decisions indicate that a shift in the theory because of the contractual relationship between the Plaintiff and Defendant did not preclude the filing of a lawsuit against the law.
PERLINDUNGAN HUKUM TERHADAP PROFESI NOTARIS DALAM PEMBUATAN PARTIJ AKTA Subiyanto, Subiyanto
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (353.08 KB) | DOI: 10.26532/jph.v3i2.1448

Abstract

The legal acts clients who come to the notary. Formulated into an authentic deed in accordance with the authority of a notary, and then the notary made the deed at the request of the client. Therefore, the notary must ensure that the deed made it complies according to the legal rules that have been determined, so that the interests of concered are protected with such deed. A notarial deed is an authentic deed made according to the forms and procedures set in this constitution. Notary bound with the truth formil because of the liability according UUJN, if the parties dispute, so notary can not be punished.
PENYELESAIAN PERJANJIAN KREDIT BANK SEBAGAI AKIBATFORCE MAJEURE KARENA GEMPA DI YOGYAKARTA Hanim, Lathifah; Noorman, MS.
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (370.406 KB) | DOI: 10.26532/jph.v3i2.1406

Abstract

     Pursuant to Article 1338 of the Civil Code, any agreement must be subject to the principle of good faith (bona fide / good faith) in its implementation because of its binding nature as a law. Exceptions to those provisions are found in the provisions governing the conditions of force majeure in Article 1244 and Article 1245 Civil Code. The legal system of the Civil Code does not introduce the principle of poached sic stantibus in the realm of covenant law, but rather put forward the aspects of force majeure.    In banking practice in Indonesia, generally the bank credit agreement used is a standard agreement or a standard agreement in which clauses have been prepared previously by the bank. Accordingly, the customer as a debtor candidate has only the choice between accepting the entire contents of the agreement clauses or not willing to accept the clauses either partially or wholly resulting in the customer not receiving the credit.   The formulation of the problem is how the banks efforts in the settlement of the credit agreement of the bank as a result of force majeure, due to the earthquake in Yogyakarta. This research uses the concept of doctrinal and non doctrinal law. Non-doctrinal legal research, the approach is 2 (two) that is qualitative and quantitative. This research uses qualitative research.   The result of the research is the effort of bank in the settlement of bank credit agreement as a result of force majeure, because the earthquake in Yogyakarta is done by recheduling (Rescheduling payment), reconditioning (Partial / total terms changes from credit), restructuring (Re-arrangement of credit terms), Execution of guarantee through auction and PBI Number 8/10 / PBI / 2006, PBI Number 8/15 / PBI / 2006, PBI. 11/27 / PBI / 2009.

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