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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 4, No 1 (2017): Jurnal Pembaharuan Hukum" : 13 Documents clear
KEBIJAKAN PEMERINTAH DAERAH DALAM PEMBERDAYAAN PEREMPUAN DI KABUPATEN DEMAK Kusriyah, Sri Kusriyah
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (291.677 KB) | DOI: 10.26532/jph.v4i1.1651

Abstract

The general explanation of Law No. 23 of 2014 on Regional Government explains that thegranting of the broadest autonomy to the regions is directed to accelerate the realization of thewelfare of the community through the improvement of services, empowerment, and communityparticipation. This research is related to community empowerment, especially local government policyin women empowerment. The method used in normative juridical research is by reviewing variouslaws related to women empowerment, especially the policy of local government of Demak regency,and to examine the programs conducted by the government Regions through the Office of Women’sEmpowerment. To analyze the research results used qualitative analysis by giving interpretationof local government policy related to empowering woman to answer problem in this research. Theresults showed that the policy of Demak Regency Government in the empowerment of women is:a) Empowerment of women entered in one of the Head of District Mission in 2011-2016, BupatiRegulation No. 07 of 2012 on General Guidelines Implementation of Gender Mainstreaming in DemakDistrict, 401/0057/2016 on Gender Responsive Planning and Budgeting SKPD.b) Work programsimplemented by KP2PA include: 1) improvement of women’s quality of life and child protection, 2)institutional strengthening of gender mainstreaming, 3) harmony of policies to improve the qualityof children and women,4) enhancement of participation and gender equality in development
KEADILAN RESTORATIF DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA ANAK Laksana, Andri Winjaya
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (252.387 KB) | DOI: 10.26532/jph.v4i1.1644

Abstract

Restorative justice in the settlement of cases of off-the-shelf criminal offenses emphasizing the rearation of the consequences caused by criminal acts by empowering the recovery process and the interests of all involved both perpetrators and victims, as well as the public. The caseresolution model outside the court proceedings is a method that is expected to be undertaken to protect the psychology of a child facing the law in the criminal justice system
PERLINDUNGAN HUKUM PELAUT DI KAPAL INDONESIA BERBASIS NILAI KEADILAN Cahyadi, Tri
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (290.758 KB) | DOI: 10.26532/jph.v4i1.1652

Abstract

This paper discusses the legal protection for sailors on Indonesian Ships amid the many problems experienced by Indonesian sailors. The belence between what has been done with the wages received by Indonesian sailors should be felt by Indonesian sailors has not been releazed, where in case of industrial relation disputes so far can not be resolved fairly, especially about the work place that is on the ship with the location always nomaden. Primary data sources were obtained from interviewers with several Indonesia sailors, as well as the secondary data sources of reference related legislation. The results show that many Indonesian sailors who are unaware of the legal certainty/lack of awarness and understanding of sailors about the relevant law or regulation are factors inhibiting implementation in the field. In addition, low discipline inthe management of income to ensure life on the old days.
PEMBAHARUAN HUKUM PERJANJIAN SPORTENTERTAINMENT BERBASIS NILAI KEADILAN (Studi Kasus Pada Petinju Profesional di Indonesia) Prasetyo, Hananto
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (306.389 KB) | DOI: 10.26532/jph.v4i1.1645

Abstract

This paper aims to examine the weakness that exist in the sportentertainment agreement between professional boxers and current managers. This study is included in the sociological juridicial study due to existence of field activities to find out the real situation in the field. The conceptual framework begins with the emergence of a lack fair sense of the boxer in his profession as an athlete. Primary data source from the interview result plunged into the field with the responses of professional athletes, while the secondary data sources are references related to the title, such as legislation relating to the agreement as well as bibliographic references. While data analysis using content analysis. The results indicate there is still much execution of agreement between professional athletes and managers who harmed the athlete due to lack of understanding of the agreement law
PERLINDUNGAN HUKUM SAKSI DAN KORBAN SEBAGAI WHISTLEBLOWER DAN JUSTICE COLLABORATORS PADA PENGUNGKAPAN KASUS KORUPSI BERBASIS NILAI KEADILAN Suratno, Suratno
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (316.611 KB) | DOI: 10.26532/jph.v4i1.1653

Abstract

The question of Whistle blower or Justice Collaborator is a complex and interesting issue tobe discussed in a conception or legislation. The role of Whistle Blower and Justice Collaboratorin exposing such extraordinary crimes as corruption is a dilemma, because there is no adequatelegal tool to facilitate the legal guarantee to be obtained. The research approach used in thisresearch is sociological or socio-jurisdiction approach method -legal research. The results of theresearch indicate that: 1. The protection of the witness and victim’s witness law as Whistleblowerand Justice Collaborators on the disclosure of corruption has not been based on the valueof justice, it can be seen that the legal status of a whistle blower does not stop only whistleblowers, Be someone to be held accountable. 2. Legal protection barriers to the existence ofWhistleblower and Justice Collaborators on the disclosure of corruption based on the value ofjustice, known from the side of the substance of the law is the weakness of the arrangement ofJustice collaborator explicitly regulated only in Supreme Court Circular Number 4 of 2011 onthe treatment of rapporteur of acts A Whistleblower and a Justice Collaborator in a particularcriminal case, so that the SEMA does not have a binding legal force as does the Law.
PERAN PUSAT PELAYANAN TERPADU SERUNI SEMARANG JAWA TENGAH DALAM MEMBERIKAN PERLINDUNGAN HUKUM BAGI ANAK KORBAN KEKERASAN DALAM RUMAH TANGGA BERBASIS NILAI KEADILAN Musofiana, Ida
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.718 KB) | DOI: 10.26532/jph.v4i1.1648

Abstract

This paper aims to assess the role of Integrated Servis Center Seruni Semarang Centra Java. This study is included in the sociological juridical study, as the researcher conducts the the research by going directly to the field. The conseptual framework starts with the theory justice, for children who are victims domestic violence. Primary data sources consist of field research results, while secondary data are references to bibliography related to legaprotection for child victims and related legislation. While data analysis using content analysisThe results showed that children who were subjected to violence in police handling were handled by the Woman and Child Protection Unit, but the police could refer or sent child victims to Semarang Integrated Hospital or Service Center for those domiciled in Semarang.foa child who feel trheatened his soul then lead the victim to a safe house. Integrated Service Center Seruni Semarang Central Java performs its duties in accordance with the Dercree Mayor of Semarang No.463/05/2011 on the Establishment of Integrated Service Team onHandling Violence Againts Women and Children Based on Gender “SERUNI” Semarang City Central Java.
PEMBERDAYAAN TANAH WAKAF YANG DIKELOLA YAYASAN BERDASARKAN NILAI KEADILAN Sutrisno, Sutrisno
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.649 KB) | DOI: 10.26532/jph.v4i1.1655

Abstract

Wakaf was originally done by oral means intended for worship activities such as mosques,mosques, madrassas or tombs. The existence of such representation has been running since theentry of Islam in the Nusantara. After Indonesia’s independence, the rules on the procedure ofregulation began to be arranged as proven by the issuance of Government Regulation Number28 Year 1977 regarding Ownership of Land Ownership. The provisions in this regulation governthe representation of the land as well as procedures and procedures written endowments pouredin the Deed of Pledge Wakaf. Then followed by the issuance of Presidential Instruction No. 1of 1991 on the Compilation of Islamic Law which regulates the wakaf of moving goods or notmoving. The research approach used in this research is sociological legal method or socio-legalresearch approach. The result of research indicates that one of the causes of empowerment ofwaqf land managed by foundations is not based on the value of justice due to the low level ofhuman resources and professionalism of individual Nadzir in the management of wakaf land atthis time get less attention and also special coaching from BWI and Kemenag. So that the numberof unproductive, abandoned and even lost wakaf land and one weakness of empowerment ofwakaf land managed by the foundation now is Nadzir, Waqf Board of Indonesia and Ministry ofReligious Affairs have little active role in carrying out their respective duties as specified in theLaws and Regulations, Invite waqf.
IMPLEMENTASI PRINSIP KEBEBASAN BERAGAMA DAN BERKEyAKINAN DI INDONESIA (Studi Kasus: Tanggung Jawab Negara dalam Konflik Sampang, Madura) Pinandito, Rizky Adi
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.379 KB) | DOI: 10.26532/jph.v4i1.1649

Abstract

The purpose of this study is to explain in depth how the responsibility of the state c.q Government of Indonesia against violations of the principle of freedom of religion in the case of Sampang, Madura. The method of approach used in this research is normative juridical in discussing the issue of implementation of protection and guarantee to freedom of religionand belief which is regulated in constitution and Indonesian legislation system and how state responsibility to religious conflict happened in Sampang, Madura, Jawa East. The results of the research conducted in the case of Sampang are, the security forces do not act or do omission(omission) in the event of riots. In addition, the government’s attitude that provoked provocation was shown by the MUI who issued a decree stating that the Shia taught by Tajul Muluk is heretical. The State should (in this case the Police) take precautions. Therefore, the State c.q The Government of Indonesia is obliged to provide compensation, restitution and rehabilitation to victims of human rights violations as well as to give legal assertiveness to all perpetrators of riots including government officials who allow the riots of human rights violations
PROBLEM KETIDAKPATUHAN TERHADAP PUTUSAN MAHKAMAH KONSTITUSI TENTANG PENGUJIAN UNDANG-UNDANG Widayati, Widayati
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (307.744 KB) | DOI: 10.26532/jph.v4i1.1634

Abstract

Article 24C Paragraph (1) of the 1945 Constitution of the The Republic of Indonesia authorizes the Constitutional Court to hear at the first and final level the decission of wich of to examine the law againts the Constitution. In the elucidation of Article 10 Paragraph (1) of the law of Constitutional Court, the final decission shall obtain a permanent legal force from the time of speech and no legal remedy can be taken. The final verdict of the Constitutional Court examining the law is immediately applicable, and some require the follow up of the legislators by forming new laws, or amending existing laws. Often, the legislators do not obey the Cosntitutional Court’s decission. Non-compliance can occur because there are not sanctions againts non-compliance, and also the Constitutional Court does not haven an instrumental or execution in charge of ensuring the execution of its verdict. Therefore, efforts are needed to ensure that the Co nstitutional Courtas a judicial institution remains authoritative and is not abandoned by justice seekers.
PERLINDUNGAN HUKUM PROFESI DOKTER DALAM PENYELESAIAN SENGKETA MEDIS Trisnadi, Setyo
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (426.679 KB) | DOI: 10.26532/jph.v4i1.1656

Abstract

This study aims to explore the analysis of the application of legal protection and its weaknesses in the settlement of medical disputes between physicians and patients today. Descriptively analytical and empirical juridical approaches, and using constructivism paradigm,it is hoped that the authors can describe various primary and secondary data to reconstruct the legal protection of the physician profession in the settlement of medical dispute between physicians and patients based on the value of justice. In the resolution of medical disputes between physicians and patients as set forth in Article 50 of Law No. 29 of 2004 on Medical Practice and Article 57 Law No. 36 Years of Health Personnel has not fully provided protection for doctors, because in practice the handling of alleged malpractice cases by the police investigator will certainly use the procedures or procedures in the KUHAP as a reference, this is because the Law does not regulate how to be in the event of suspicion that doctorsviolate articles In UUPK. The Government and House of Representatives are expected to make improvements to Law No. 29 of 2004 on Medical Practice, by making regulations on “procedural arrangements” ranging from inquiry, investigation, prosecution if necessary to verdict.

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