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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 14 Documents
Search results for , issue " Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum" : 14 Documents clear
REHABILITATION OF DRUG USERS IN DIGNITY’S JUSTICE PERSPECTIVE Setiawan, Bambang
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (533.17 KB) | DOI: 10.26532/jph.v5i3.3546

Abstract

Drugs is a dangerous threat for all people, in addition to the transnational, an increase in drug-related crime is fairly significant. Rehabilitation is one of the efforts to combat drugrelated crimes. However, research shows drug rehabilitation policies for drug users normatively still centrally to law enforcement. In practice, law enforcement still do not understand the philosophy of rehabilitation and prone to the Corruption, Collusion and Nepotism. As a way out, dignified Justice concept is offered to drug users for at humanity. Referring to one of the values of Pancasila, namely, democracy permusywaratan practiced in customary justice. Policy toward drug rehabilitation should involve drug users to help determine period in the future.
RECONSTRUCTION OF DECISION BAPEPAM-LK NO. 412/BL/2010 CONCERNING ON THE TRUSTEE CONTRACT Pakpahan, Elvira Fitriyani; Bawono, Bambang Tri; Azharuddin, Azharuddin
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.557 KB) | DOI: 10.26532/jph.v5i3.3744

Abstract

The purpose of this study reconstructs Bapepam-LKs decision number 412 / BL / 2010concerning the trustee contract refers to specific provisions on guarantees stipulated byBapepam / FSA as in item 4 letter E which is still too common. Conditions of bail innumber 4 letter E Bapepam Decree 412 is only limited provision of information, not anecessity. Password Security (if any) does not provide legal certainty for investorsobligations in case of default. With juridical sociological research methods. The theoryused to analyze the theory of justice that is dignified, then research the reconstruction of the law done by changing the special provisions Bapepams Decision No. 412 in number 4 letter E on collateral (if any) by removing / deleting the words in brackets (if any), caused not show the certainty justice and dignity justice.
The Urgency of Legal Protection to the Trademarks in the Global Era Mashdurohatun, Anis; Gunarto, Gunarto; Hanim, Lathifah
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (708.127 KB) | DOI: 10.26532/jph.v5i3.3373

Abstract

Globalization is nothing but capitalism in its most recent form. Strong and rich countries practically control the world economy and smaller countries are increasingly powerless because they are unable to compete through Intellectual Property Protection including trademarks. The purpose of this research is to examine and to analyze the role of the State in providing legal protection Against trademarks, and factors that influence and formulate their legal protection policies. The approach method in this research is empirical juridical. The data used were primary and secondary data. The results of the research were analyzed analytical descriptively. The results of the study found that the role of the State in providing legal protection for trademarks of business people was not optimal, this was due to several factors including the low understanding of the importance of trademark intellectual property rights protection for businesses and society as consumers. Government policies globally through the Asean Economic Community Blueprint, which contains four main pillars, including the economic competitiveness of Intellectual Property Rights integrated with the global economy.
EFFECTIVENESS OF APPLYING PRINCIPLES OF LEGAL CERTAINTY OF JUSTICE IN THE HANDLING OF CRIMINAL CASE Acar, ELif; Sudrajat, Sugeng
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.033 KB) | DOI: 10.26532/jph.v5i3.3745

Abstract

The effectiveness of judges verdict in the trial should ideally contain aspects of the rule of law, justice and expediency. In its implementation is not easy to synergize these three aspects, especially the aspect of legal certainty and fairness are usually contradictory. The results showed that the judge in examining and deciding cases not forever fixated on one principle alone. Constraints faced by judges tend to rule of law in deadlock when written provisions can not answer the problems that exist. Emphasis is more inclined to the principle of justice means should consider a law in society, which is made up of customs and unwritten laws. Judge within reason and legal considerations must be able to accommodate all the provisions that live in the community in the form of customs and unwritten laws. Emphasis tends to be on the principle of expediency over economic nuances.
PROCESS OF IMPLEMENTATION AND BENEFITS OF CRIME SCENE INVESTIGATION IN CASE OF CRIMINAL INVESTIGATION IN INDONESIA Wahyuningsih, Sri Endah; Prasetya, Teguh; Iksan, Muchamad
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (485.298 KB) | DOI: 10.26532/jph.v5i3.3540

Abstract

The case of crime scene conducted by the investigator is the main part in the disclosure of criminal case because in the crime scene can be found the interaction between the perpetrator of the crime, the evidence used and the witness/victim of crime at the time of the criminal event. Therefore this paper analyzes the implementation process and the benefits of crime scene in the process of criminal investigation in Indonesia. The research method used was sociological juridical, with primary and secondary data sources. Primary data were obtained by conducting interviews with respondents, they were investigators who investigate criminal case. The results of the research on the procedures for the implementation of the Crime Scene Investigation is started from the preparation of the crime scene, the trip to the scene, the first action at the crime scene (TPTKP). The crime scene investigation covers the general observations, photography, sketching, evidence collection, victim handling, and perpetrators of crime scene organization, and the end of the crime scene, which consists of consolidation, opening/exempting the crime scene, the making of investigation report at the scene, and the evacuation of activities. The benefit of crime scene investigation in criminal investigation is as evidence, source of information to look for witness, as source to look for evidence and as saber to find perpetrator, legal basis of investigator in execution of crime scene is JUKLAK (standard operational procedure) Police of Republic of Indonesia with number 04/1982 and JUKNIS Police of the Republic of Indonesia with the number JUKNIS 01/11/1982.
POLICE ROLE IN IDENTIFYING FINGERPRINT BUSINESS CRIME (Studies in the Central Java Police) Setyowati, Indah; Arini, Ika Setya
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (247.164 KB) | DOI: 10.26532/jph.v5i3.3746

Abstract

Fingerprint identification is a technical assistance Police and plays an important role in proving the identity of the perpetrators of criminal acts, able to support a rapid, precise and accurate and to improve the effectiveness and efficiency in law enforcement. This study aims to determine the role of the police in the process of identifying fingerprint to uncover the perpetrators of criminal acts and to identify constraints as a barrier to the implementation of the process of identifying fingerprints by the police to uncover the perpetrators of criminal acts. This study uses empirical juridical approach to analyze the problem by combining the juridical aspect is legislation that was secondary data and empirical aspects by conducting interviews and observations at the site of research is the primary data. Results showed that: 1. The Role of the Police in identifying the perpetrator Crime Fingerprint carried out in several stages conducted by the Criminal dactyloscopy field dactyloscopy Unit (Daktikrim) under Section Identification Ditreskrimum Central Java Regional Police, in charge of the formulation, examination, comparison of equation fingerprint to reveal the identity of the offender. 2. Obstacles that Being inhibitors in Implementing Fingerprint Identification Process by the Police for Revealing Actors Crime: a. Constraints of the Police (Internal constraints) b. Constraints from outside the Police (External constraints).
TESTIMONY OF THE CONSTRUCTION MASTER WHO HAVE NO COMPETENCE IN THE CASE OF CORRUPTION Rosanto, Sera
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.137 KB) | DOI: 10.26532/jph.v5i3.3541

Abstract

Calculation of state losses can only be done by a master . Master  here are not only master  in the field of financial audit but also engineers who will calculate the feasibility of construction of a building in case of corruption was related to the construction field. Master  who has the competence docalculating the quantity of a building and the price of a building is a person who has a construction management certification. Description of the Construction Master  who have no competence in the matter of corruption, the statement becomes invalid.
DIALING AND INVESTIGATION OF NOTARY BY INVESTIGATOR POLICE Aisyah, Nur
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (428.21 KB) | DOI: 10.26532/jph.v5i3.3545

Abstract

Relationship notary to do with legal issues consciously or notary in practice are often faced with the proceedings or deal with the authorities caused the parties to a deed in front of him, and that the dispute can be reported to the investigator. So often a notary summoned by investigators with regard to the deed he made. In terms of the calling and notary investigation by an investigator there own rules set out in the Act. Although the implementation of the functions and investigations and inquiries Act gives the right to call, check, catching, defense minister, searched, confiscated to suspects and items are considered connected with a criminal offense, but in exercising its rights and authority must be obedient and subject to the principle of the right of due process (upholding the rights of the accused in the process of law enforcement). Each suspect is entitled researched and investigated based in accordance with the applicable law of criminal procedure. The concept of due process associated with the foundation of upholding the rule of law in dealing with crime. No one is located and put themselves above the law and the law should be applied to anyone based on the principle of treatment in an honest way. The application of the criminal law should be in accordance with the constitutional requirements and must comply with the law. By karen it does not allow the violation of a part of the general provisions on the pretext in order to enforce another law section.
IMPLEMENTATION OF THE VOCATION SCHOOL OF LEGISLATION AGENCY IN DISCUSSION AND AGREEMENT VILLAGE REGULATION (Study of The Implementation of The Sriwulan Village BPD in Sayung District, Demak Regency) Dwi Istinah, Siti Rodhiyah; Nafisa, Uyunun
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (36.689 KB) | DOI: 10.26532/jph.v5i3.3758

Abstract

Reform and regional autonomy is actually a new hope for the goverment and village communities to build their villages according to the needs and aspirations of the community. The implementation of development in the village is intended to improve the standard of living and welfare of the village community itself through the establishment of policies, program activities that are in accordance with the essence of the problem and priority needs of the village community. The Village Consultative Division (BPD in Indonesian) is an institution of the realization pf democracy from the village community or an institution that represents the voice of the community and is a working partner of the village Government in administering The Goverment in the village head along with his device was overseen by the Village Consultative Division (BPD in Indonesian). The method of the approach used in this study is the Juridical Sociological approach, it uses the Juridical Sociological. The selection results obtained include : 1) Inbiting factors influenced by human resource factors both from the village Government itself as the highest office holder in the village, as well as from PD members who are tasked with assisting in the implementation of the legislative functions of approval and discussion of illage regulations. 2) Solutions and efforts, the village Goernment is expected to conduct training in human resource development such as improving the quality of education and developing capabilities in shapping regulations.
RECONSTRUCTION OF THE CRIMINAL SANCTION POLICY AND ACTION (DOUBLE TRACK SYSTEM) IN LAW ENFORCEMENT FOR NARCOTIC CRIME PREVENTION REFFERED TO RELIGIOUS JUSTICE Nuryanto, Carto
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (366.02 KB) | DOI: 10.26532/jph.v5i3.3756

Abstract

Narcotics abuse is a dangerous problem that can impede the progress of the Indonesian nation in implementing development in every sector of life. Where we know that Indonesia in the decade of the 70s had not yet become a lucrative area for drug marketing. At that time, this country is only a transit area for illicit goods to be shipped to Australia or to other Asia Pacific countries. But two decades later, Indonesia has become a lucrative market for the drug dealers. Even touted to be producers of goods that can make sense of hovering it. The problems faced today are related to the drug is that North Sumatra ranked third after Jakarta and East Kalimantan in the rate of drug users. Setting up a rehabilitation center for criminals, especially drug is a solution. They need the healing process of the illicit drug dependence. Jail is not the best solution for this problem, hold but also perform medical therapy before going to work and we call it “double track system”. Its no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved. Its no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved. Its no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved.

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