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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 10 Documents
Search results for , issue " Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum" : 10 Documents clear
LEGAL PROTECTION AGAINST DEPOSITORS' CUSTOMERS WITH MUDHARABAH CONTRACT ON ISLAMIC BANKS Pakpahan, Elvira Fitriyani
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (341.446 KB) | DOI: 10.26532/jph.v6i1.4673

Abstract

Deposit type most often used by Islamic Bank in collecting funds from the public is revshare system (mudharabah) where the customer is acting as an investor and profit from business carried on by the bank. But in practice mudharabah can also loss caused by managers (Banks) in running the business. The problem in this research is how the legal protection of depositors with mudharabah in Islamic banks. With normative juridical research method and approach to literature. Results of the study stated that the legal protection of depositors in Islamic banking are protected by rules that are already fairly well from the Financial Services Authority and the Institute of deposit insurance, even the rules better than  protection applied to customers of conventional banks. LPS in Regulation 2 of 2010 Article 44 stated that the interest rate is considered reasonable set LPS does not apply in determining the status of the deposit guarantee to deposits based on Islamic principles because Islamic Bank using revshare principle in operation. 
LEGAL PROTECTION FOR PARTIES THAT MAKE BINDING AGREEMENTS FOR THE SALE AND PURCHASE OF LAND THAT HAS NOT BEEN CERTIFIED IN THE RESOLVING LAND PARCELS PROCESS Heriyanti, Heriyanti
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (361.915 KB) | DOI: 10.26532/jph.v6i1.4675

Abstract

Land purchase binding agreement in practice is often made in the form of an authentic deed before a Notary, so that the Deed of Sale and Purchase Agreement is an authentic act that has the strength of evidence is perfect. It is intended by the parties to further provide protection and legal certainty for the parties to make. Because notaries in making an act impartially and safeguard the interests of the parties objectively. With the help of the notary of the parties make binding sale and purchase agreement will get help in formulating the things that will be agreed upon. The method used in this research is normative juridical approach to literature. Legal protection of the fulfillment of the rights of the parties where one party is in default under the agreement binding sale and purchase is dependent upon the strength of the agreement binding sale and purchase is made, that if made by deed under the hands of the protection in accordance with the protection of the deed under the hand, whereas if it is made by or in the presence of a Notary, the account will automatically become a notary deed so that the protection is in accordance with the power of protection against authentic deeds.
MARITIME TRANSPORTATION OF INDONESIAN POLICY Hartanto, Hartanto; Victoria, Ong Argo; Chuasanga, Anirut
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (334.102 KB) | DOI: 10.26532/jph.v6i1.4657

Abstract

In a period of 5 years (19.962 million) the number of shipping companies in Indonesia increased from 1,156 into 1,724 pieces, or increased 568 companies (an average increase of 10.5% pa). While the strength of the national shipping fleet enlarged, from 6.156 into 9.195 units (an average increase of 11.3% pa). But in terms of haulage capacity rose only slightly, namely from 6,654,753 into 7,715,438 DWT. Means the average capacity of the national shipping company declined. Throughout this period, the volume of sea trade grew 3% pa The volume of freight rose from 379,776,945 tonnes (1996) to 417,287,411 tonnes (2000), or an increase of 51,653,131 tons within five years, but not all of that growth can be met by the capacity of the national shipping company ( Indonesian-flagged vessels), even for domestic shipping (between ports in Indonesia). In 2000, the number of foreign ships which reached 1,777 units with a capacity of 5,122,307 DWT domestic load scooped by 17 million tonnes or about 31%.As a result, the Indonesian shipping industry is currently very poor. National shipping companies compete in national and international shipping market, due to weakness in all aspects, such as size, age, technology, and speed boats. In the field of international cargo (export / import) share of the national shipping company is only about 3% to 5%, with a declining trend (see Table below). These proportions are very unbalanced and unhealthy for the growth of the national shipping fleet strength.
MUSLIM AWARENESS IN SCIENCE OF FARAIDH SYSTEMS Rufaida, Khifni Kafa
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (545.224 KB) | DOI: 10.26532/jph.v6i1.4362

Abstract

Islamic Inheritance Law basically applies to all Muslims in the world. But in fact, a true Muslim society must obey Mawaris jurisprudence is actually more leave even forget this science. Because it is no longer a concern for Muslims, finally arose some disputes between families which is really due to the neglect of science faraidh which has been arranged by God for the benefit of his people. It is important for the writer to contribute how to build awareness of the existence of Muslim faraidh science in the division of inheritance system. In this study, the method used to address the problem is normative. Methods of data collection in this research is done by: Library Researchand Field Research. The analytical methods used this research is qualitative analysis method. Awareness of the importance of the science of inheritance can be grown in a way memperlajari faraidh science. By studying faraidh will automatically raise awareness faraidh to apply science in the division of the inheritance. The author argues that this faraidh science should be included in a curriculum in Madrasah Diniyyah. The principle of peace is a justifiable manner, so that the atmosphere can be established brotherhood. Throughout the peace was not meant to proscribe lawful or justify the unlawful, then it is allowed. The author thinks that the lack of public knowledge about the law faraidh a major cause of the low awareness of the use of science in the division of islamic inheritance/faraidh.
DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW Rinda, Peni
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (317.618 KB) | DOI: 10.26532/jph.v6i1.4672

Abstract

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).
PENAL POLICY OF CAPITAL PUNISHMENT FOR NARCOTICS CRIME IN INDONESIA (A STUDY OF LAW AND HUMAN RIGHTS) Arifin, Ridwan; Melenia, Angeline
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (36.689 KB) | DOI: 10.26532/jph.v6i1.3944

Abstract

The narcotics crime in Indonesia has become one of the crimes that continues to increase every year, even in some cases Indonesia has sentenced capital punishment to the perpetrators of this crime. With the vast territory and the entry of drugs, Indonesia is very vulnerable to this crime. Drug abuse has even been targeted to children and in many cases also carried out by perpetrators who are in prison. The death penalty policy applied by Indonesia to several criminal acts has received a lot of criticism, especially for the international community which has pushed Indonesia to abolish the death penalty. However, in the national context, capital punishment in Indonesia is still carried out with a strong foundation, which is related to broader national interests. This paper analyzes how criminal law policies in the application of capital punishment for narcotics crimes in Indonesia. This paper looks at the criminal law policy in terms of law and human rights.
LEGAL PROTECTION AGAINST INDONESIAN WORKERS (TKI) IN ABROAD Kareng, Yaya; Victoria, Ong Argo; Yulianingsih, Sri
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (329.156 KB) | DOI: 10.26532/jph.v6i1.4369

Abstract

Protection of migrant workers is all the effort the protection of the interests of prospective workers / migrant workers in realizing the fulfillment of their rights in accordance with the legislation, both before, during, and after work. Protection of migrant workers organized in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families) 1990. In addition there are other international conventions. While the protection of migrant workers is regulated in Act No. 39/2004 on the Placement and Protection of Indonesian Workers Abroad, but this law is more concerned with procedural and procedures for the placement of workers abroad, and only slightly regulate the rights and guarantees the protection of the rights of migrant workers and members of their families. Besides the protection of migrant workers by the government based on the country's constitution, as done by the Department of Foreign Affairs (MOFA) RI. Keywords: Foreign Affairs;
LEGAL PROTECTION FOR USERS OF INTERNET BANKING CUSTOMERS FOLLOWING CHANGES IN INFORMATION AND ELECTRONIC TRANSACTIONS LAW Azharuddin, Azharuddin
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (357.88 KB) | DOI: 10.26532/jph.v6i1.4674

Abstract

The presence of the Internet Banking service has offered a number of convenience and flexibility in conducting transactions, both between the bank and its customers, the bank and merchant, bank with the bank and the customer with the customer. However, this simplicity does not mean no risk. In addition to the Internet Banking service provides convenience, also in fact have some risks. The risk of a new character and is a challenge for practitioners and experts in the field of Internet Banking service to handle it, so it becomes important to discuss the legal efforts to protect customers' personal data in the operation of Internet Banking service after changes in legislation and elektronic information transaction. Forms of protection against customer data in Internet Banking in Indonesia are from several types of regulations that have regulated internet banking, namely Bank Indonesia Regulation Number 9/15 / PBI / 2007 concerning Application of Risk Management in the Use of Information Technology by Commercial Banks and Act No. 19 of 2016 concerning Amendments to Act No. 8 of 2011 concerning Electronic Information and Transactions along with the Financial Services Authority Act in the section on consumer protection
IDEAL ELECTRONIC CONTRACT MODEL AS A FORM OF E-COMMERCE DISPUTES SETTLEMENT Ilmih, Andi Aina; Zulkarnain, A
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (512.767 KB) | DOI: 10.26532/jph.v6i1.4463

Abstract

This study focuses on electronic contracts in the Indonesian Home Credits Financing Institution by analyzing the effect of electronic contracts on electronic transactions in Indonesia. Then find the ideal model of electronic contracts as a form of e-commerce legal dispute resolution. This study uses normative legal research methods, with a legal approach and a conceptual approach. Based on the research that has been done, the influence of electronic contracts in electronic transactions (e-commerce) in Indonesia has brought about major changes by changing the model of non-electronic (conventional) commercial transactions into electronic (modern) transactions and inspiring online dispute resolution. Then the ideal model of electronic contracts as a form of e-commerce legal dispute resolution in Indonesia, must contain 10 important things in the e-contract clause namely: 1. Freedom of Contract; 2). Offers and Receipts; 3). Good intention; 4). Use of Terms; 5). Risk Transfer; 6). Please Loss; (7). Emergencies; 8). Changing Contracts; 9). Termination reasons; 10). Choice of Law and Dispute Resolution online, as stated in the e-contract of Indonesian Home Credits.
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
Jurnal Pembaharuan Hukum Vol 6, No 1 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.97 KB) | DOI: 10.26532/jph.v6i1.4364

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.

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