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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 3 (2016): Jurnal Pembaharuan Hukum" : 13 Documents clear
REKONSTRUKSI RESTORATIVE JUSTICE SYSTEM DALAM TINDAK PIDANA PENGANIAYAAN BERBASIS KEADILAN HUKUM Juyanto, Juyanto
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (320.43 KB) | DOI: 10.26532/jph.v3i3.1374

Abstract

If occur a persecution the victim or usually a weak person will seek justice by report to the police or the parties that can find a way out to get justice or to report for a scare off in order to avoid persecution in the future. Police in this matter is investigator that receiving report of complaints obliged to do the step of investigation to investigation.Toward someone who has been set as a suspect by the fulfillment of evidence because committing an unlawful act usually want to finish their supposition including in the case of persecution by contacting the victim, the victims family asking help to anyone deemed capable of including community leaders to mediate on the matter, even less so will ask the mediation of the Police investigators to resolve the issue because it was considered capable of including cases of persecution.The Police Investigator of West Kotawaringin Resort with space limitations of prisoners that held in the case of persecution based on police discretion in the belief capable of resolving and foster the suspect amicably, by way suspended imprisonment of the suspect then do coaching religiously by attending pilgrims Itikaf from mosque to mosque for 40 ( forty ) days , although this case is not an offense act of complaints so that the case is still running to follow the law process although there is a peace agreement because the public prosecutor asked for the case to be trial in judicial process so that the reported cases are legally proceed to prosecution.
UPAYA KEPOLISIAN DALAM PENANGGULANGAN KEJAHATAN PERAMPASAN SEPEDA MOTOR DI JALAN RAYA (Studi Kasus di Polrestabes Semarang) Sugiharto, R.; Lestari, Rina
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (345.403 KB) | DOI: 10.26532/jph.v3i3.1368

Abstract

Crime seizure of motorcycles that preceded violence to victims increasingly prevalent in Indonesia. This study aims to determine the factors causing the crime of motorbike seizure on the highway, knowing the efforts of the police in handling crime seizure of motorcycles on the road, knowing the constraints faced by the Police in tackling the seizure of motorcycles on the road and the solutions provided. The research method using sociological juridical approach with the object of study is criminal act of seizure of motor vehicle with violence. The results of the research are: 1) The factors that cause the motorcycle seizure is triggered by economic factors, the lack of employment, juvenile delinquency, and environmental factors, 2) the efforts made by the police in tackling the crime of motorcycle seizure among others Preventive and repressive efforts. 3) Obstacles faced by the police in tackling crimes of motorbike seizure on the highway include lack of information from the reporting party, the location of different events and the psychological condition of the victim that makes it difficult to dig deeper information and the solution for the community of motorcycle users to Do not travel at night in the area prone, do not try to drive alone, when feeling less comfortable atmosphere of honking continuously to attract attention of citizen, armed yourself.
Analisis Yuridis Normatif dan Hukum Islam Terhadap Putusan Mahkamah Konstitusi Nomor 30-74/PUU-XII/2014 Tentang Batas Usia Perkawinan Anak (Perempuan) Haikal, Hasanain
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (332.934 KB) | DOI: 10.26532/jph.v3i3.1363

Abstract

Islam knows no age limits, the foundation in this case is strong enough for the Prophet of Islam himself married Siti Aisyah at the age of 6 years. so from the point of view of Islamic law looks no gap. but Islam does not stress if the condition is in a state of emergency can be changed law will follow the situation. The Court rejected the applicants judicial review, the Court assesses the applicants argument is groundless and rejected applicants for all. Judges consider that the need for an age limit for women in particular adapted to many aspects, such as health, social, cultural, and economic. In fact, there is no guarantee an increase in the age limit for women to marry from 15 to 18 years would reduce the divorce rate, tackling health problems, as well as other social issues. To prevent child marriage is a big issue, according to the Court not only by the limitations of age alone. There is a possibility, if it is based on various aspects of the development of social economy, culture, and technology, 18 years of age can be lower or even higher.
PERANAN BADAN PERMUSYAWARATAN DESA (BPD) DALAM PEMBENTUKAN PERATURAN DESA DI DESA KRANDON KECAMATAN GUNTUR KABUPATEN DEMAK Rodhiyah, Siti; Harir, Muhammad
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (347.135 KB) | DOI: 10.26532/jph.v3i3.1375

Abstract

The Village Consultative Council is a form of Democracy at the village level. Village consultative Council function to establish village regulations with village leader, accommodate and channel the aspirations of village communities. In this case the role of the Village Deliberation Agency which created village regulations with the Village Head in establishing the social civilization, economic and cultural.The research method uses sociological juridical approach, with object of study especially role of Village Consultative Council as partner of Village Head in establishing Village Regulation.The result of the research shows that the role of the village consultative council in the formation of village regulations in Krandon Village, Guntur District, Demak Regency is not optimal enough to extend the hand of the village because the village regulations that have been established in the last two years do not reflect the needs of the community and the community And the constraints affecting the legislative function of the village consultative council, as well as the factors that become obstacles in the preparation and stipulation of the protest, among others, the poor quality performance of the village apparatus and village consultative bodies, the lack of village budgets in every legislative process, the internal quality of the Village consultative council.
KEBIJAKAN DAERAH DALAM PROGRAM PENGENTASAN KEMISKINAN DALAM RANGKA PENINGKATAN KESEJAHTERAAN RAKYAT BERDASARKAN UNDANG UNDANG NO 13 TAHUN 2011 DI KABUPATEN DEMAK Kusriyah, Sri; Aulia, Dina
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (433.143 KB) | DOI: 10.26532/jph.v3i3.1369

Abstract

Efforts to prosper the poor to this day is still partial scattered in various provisions of legislation, so it is necessary a law that specifically regulate the poor. This research is a descriptive empirical research specifications of the data collection techniques that are exposure, aims To obtain a complete picture of the legal situation prevailing in a particular place. A descriptive study is intended to provide as much data as possible about humans, circumstances or other symptoms. Data analysis techniques using quantitative data analysis methods. Based on the results of research and analysis that has been done can be concluded that the strategic policy of the region in poverty alleviation programs based on Law No. 13 of 2011 on Fakir Poor in Demak District is still very minimal because new in 2013 is being discussed on the Draft of Regional Regulation on Poverty Reduction, Obstacles faced in the implementation of poverty alleviation programs based on Law No. 13 of 2011 on the Poor in Demak Regency is the lack of regulations that support poverty alleviation and the lack of budget APBD.
IMPLEMENTASI IDE KESEIMBANGAN DALAM PEMBANGUNAN HUKUM PIDANA INDONESIA BERBASIS NILAI-NILAI PANCASILA Alia Maerani, Ira
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (538.515 KB) | DOI: 10.26532/jph.v3i3.1364

Abstract

Criminal Law Science consists of the  Criminal Law Material (consisting of the Code of Penal (Penal Code=KUHP) and Act Outside the Criminal Code), Formal Criminal Law (Code of Criminal Law), and the Law of Criminal Execution. Code Penal (Penal Code) is derived from the Wetboek van Strafrecht voor Nederlands Indie (WvSvNI). Criminal Code (WvSNI) is a legal product "foreign" Dutch colonial administration which is not in accordance with the values espoused Indonesian nation and not in accordance with the conditions of the Indonesian nation freed with Pancasila as the foundation philosophy of legal development in Indonesia. Issues to be studied in this paper about the Pancasila philosophy approach in development efforts in the Indonesian criminal law and the implementation of the idea of balance in the development of criminal law in Indonesia are based on the values Pancasila. Research done by digging the values of Pancasila, the value on God particularly those contained in the Law of Islam (as a religion writer and the religion professed by the majority of the people of Indonesia), the value of humanity, unity, democracy, and social justice to change ideas/concepts of foreign laws that are incompatible with the basic philosophy of Pancasila. This study uses normative juridical methodology as in finding the data will be examined to the text of scripture, law and legal literature.
PELAKSANAAN PILKADA SERENTAK YANG DEMOKRATIS, DAMAI DAN BERMARTABAT Arifulloh, Achmad
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.281 KB) | DOI: 10.26532/jph.v3i3.1376

Abstract

In practice, the election of regional heads sparked conflicts, among others triggered by the problems of voter data administration, the neutrality of election organizers, and the lack of compliance of local elections and political parties to the prevailing regulations. This study uses a reflexive qualitative research method, which is to reflect on the simultaneous regional head election and its relation to the effort to build democracy in the local government and politics and ensure the presence of common good in society. The problem is how the simultaneous election of regional heads as the national political agenda towards democratization can proceed substantially and not merely procedural rituals.This paper will describe the Implementation of Democratic, Peaceful and Dignified Democratic Head election in realizing fair and open competition in the regional head elections simultaneously.The results of the study indicate that the election of democratic, constitutional, peaceful and dignified regional head is the election of the regional head which is transparent, accountable, credible and participative in implementation process, and the result is acceptable to all parties, thus ensuring the presence of common good in the community.
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 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (349.729 KB) | DOI: 10.26532/jph.v3i3.1370

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.
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 3, No 3 (2016): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.352 KB) | DOI: 10.26532/jph.v3i3.1365

Abstract

In the institution of marriage since the ancient times knew the mixing of marital property. Good treasure together and innate property. The setting of common property and assets native set out in Chapter VII, Article 35 paragraph (1) and (2) of Law No 1 of 1974 on Marriage. Possession of common property after divorce is divided into two / one-half possessions while carrying controlled by each party. And for the protection of the law against marital property agreement made marriage (prenuptial agreement) for the many different Islamic Religious Affairs in the Office of the Civil Registrar in front Perkawnian, while for the non-Muslims do in a Civil Registry in order to anticipate the consequences of the law of property in a marriage.
AKIBAT HUKUM HAK MEWARIS ANAK HASIL PERKAWINAN SIRI BERBASIS NILAI KEADILAN Agustina, Erni
Jurnal Pembaharuan Hukum Vol 3, No 3 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (349.558 KB) | DOI: 10.26532/jph.v3i3.1372

Abstract

Siri marriage or marriages underhand still occur in Indonesian society. Unregistered marriage is a marriage conducted in accordance with the religion or belief, just unregistered. Registration of marriage does not determine the validity of the marriage. However, registration of marriage would provide legal certainty for the husband, wife and child from the marriage. The child of a valid marriage would get their rights, including inheritance rights. Different with the children of the siri marriage, which did not obtain their rights.

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