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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 5, No 1 (2018): Jurnal Pembaharuan Hukum" : 13 Documents clear
WAQF AL-NUQŪD IN INDONESIA (In Law Perspective) Victoria, Ong Argo
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (178.69 KB) | DOI: 10.26532/jph.v5i1.2999

Abstract

This article aims to make an overview on the rule and significance of waqf al-nuqūd (cash waqf) in Indonesia as a new social tool to alleviate poverty. The author highlights that Cash waqf is introduced as a new concept of waqf to solve many social problems in Muslim society of Indonesia. The qualitative methodology is employed to analyze the issues and development of cash waqf in Indonesia. Findings indicate that the cash waqf has been legalized by both Islamic scholar and national law of Indonesia so that Muslims have a chance to maximize the utilization of their waqf through a well-organized endowment and waqf organization.
LEGAL ASPECT PROTECTION ON ONLINE SHOP OF THE THIRD PARTY (Study at CV. Mekar Jaya Persada-The Largest Online Shop in Demak www.Shopee.co.id) Hartono, Kami; Lestari, Diyda Puji
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (455.884 KB) | DOI: 10.26532/jph.v5i1.3003

Abstract

Technological development nowadays is very fast is a communication technology, which presents a wide selection of forms of technology and sophistication. As a result of the very rapid technological developments such, gradu ally with its own information technology has changed the human life globally in terms of buying and selling online about how the law is not loaded or is described in the statute books of the civil law. So with the development of the sale require the creati on of new legal rules. Online shop in Indonesia today has a lot of users ranging from social media to the online shop of mobile application software - based online shop. The method used is the juridical methods of sociology with emphasis on law is not only s een as regulations or rules, but also includes the operation of law in society , Research shows that buying and selling Legal Aspects Protection on Online Shop with third parties who do online marketplace of Shopee using an escrow service
NOTARY’S RESPONSIBILITY TO THE TRUTH OF DATA IN THE MAKING OF ISLAMIC BANKING CONTRACT IN INDONESIA Muin, Abdul
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (104.388 KB) | DOI: 10.26532/jph.v5i1.3011

Abstract

Notary is a public official appointed by the government authorized to make an authentic deed as stipulated in UUJN. Authority as mentioned above includes in the making of deed or contract on Islamic Banking. A contract according to language is binding, connecting, as for the meaning of the contract by term is an association or meeting between ijab and qabul that result in law. While the definition of Islamic Banking is a bank that runs its operations based on the principles of sharia. Notary Authority as regulated in Law Number 30 Of 2004 junto Law Number 2 Of 2014 concerning Notary Position shall be based on the honesty of Notary in executing its duties and authority including within the truth of the data in the process of making the contract. If the contract or deed made by the Notary in the future found the supporting data proved counterfeit and Notary participate in the practice of data forgery then the Notary is the person involved in making the contract with false data. However, if the data on which the notarial deed is made is not involved in the falsification, then the Notary does not take responsibility in the criminal act of falsifying the data. And the notary may exercise its right of interest. The legal basis of this journal is the Qoran and Hadits, Law No. 30 of 2004, Law No. 2 of 2014 on the position of Notary, Law Number 31 Of 2008 concerning Islamic Banking and the Civil Code.
NEGATING STATES LOSSES APPROACH ON PUNISHMENT OF CORRUPTION Ruwe, Fransiskus Arkadeus
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (419.976 KB) | DOI: 10.26532/jph.v5i1.2994

Abstract

The criminal act of corruption is viewed from the formulation of the offense Article 2 of Act No. 31 Of 1999 concerning the Crime of Corrup tion is an economic offense caused by an act against the law, as a logical consequence of the Against the Law is to restore or negate the states losses , achieve justice, utility and legal certainty, with priority on utility. Not becoming prevalent zero lo sses concept applied b ecause it is trapped in the prevalence of enforcing the law of corruption with the priority on legal certainty, it requires the progressive and militant spirit of the judges but a high and long commitment and a relatively long time to start with the target group within the judge t o get out of the routine of law enforcement that is running 
STRENGTHENING PANCASILA AS NATIONAL IDEOLOGY TO IMPLEMENTATE THE BALANCING VALUES TO IMPROVE LAW’S APPLICATION IN INDONESIA Huda, Muhammad Chairul
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (144.374 KB) | DOI: 10.26532/jph.v5i1.3010

Abstract

People’s perception of Pancasila seems to be on the way back. It reminds us that the acceptance of Pancasila as the national ideology is actually not something taken for granted. For that reason, it is necessary to refresh the Pancasila from aspects of knowledge, understanding and practice of the philosophical values contained in it. Law development must be started from the values of Pancasila, because essentially Pancasila is a milestone of convergence of ideas and thoughts on the basic philosophy of state discussed deeply by the founders of the state. Pancasila becomes a sublime agreement (modus vivendi) which is then established as the foundation of state ideology. In this case, Pancasila becomes the rational basis of assumptions about the law to be established as well as the orientation that shows where the nation and state should be established. Thus, Pancasila is an agreement and consensus to build a nation of one country, without considering the different backgrounds that include religion, race, ethnicity, culture, language and others. As the foundation of the state, Pancasila becomes the rechtsidee that should be written in every law-making and enforcement.
GENDER: INTEGRATING CRIMES AGAINST WOMEN INTO INTERNATIONAL CRIMINAL LAW Irfan, Mohammad
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (442.18 KB) | DOI: 10.26532/jph.v5i1.2998

Abstract

The author identifies the major goals and achievements in the area of recognizing women as full subjects of human rights and eliminating impunity for gender crimes, highlighting the role of non-governmental organizations ("NGO's"). Until the 1990s sexual violence in war was largely invisible, a point illustrated by examples of the "comfort women" in Japan during the 1930s and 1940s and the initial failure to prosecute rape and sexual violence in the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. Due in a significant measure to the interventions by NGOs, the ad hoc international criminal tribunals have brought gender into mainstream international jurisprudence. For example, the Yugoslavia tribunal has devoted substantial resources to the prosecution of rape and explicitly recognized rape as torture, while the Rwanda tribunal has recognized rape as an act of genocide. Elsewhere, the Statute of the International Criminal Court is a landmark in codifying not only crimes of sexual and gender violence as part of the ICC's jurisdiction, but also in establishing procedures to ensure that these crimes and their victims are properly treated. Working towards this end the Women's Caucus for Gender Justice met with significant opposition. It persisted because of the imperative that sexual violence be seen as part of already recognized forms of violence, such as torture and genocide.
FISHERMEN ECONOMIC BALANCING OF SOCIETY’S WELFARE (Critical Study of fisherman in Pati and Rembang) Suwondo, Denny; Sukarmi, Sukarmi; Arpangi, Arpangi
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (136.665 KB) | DOI: 10.26532/jph.v5i1.3013

Abstract

The marine affairs and fisheries is one that has certain mission. Mission inception fishery ports fish in the area of Pati or Rembang the basically is to welfare goldfish the scope of starch fishermen. In the facts that?s not yet fully realized so that solving the problem. Invite number 16/l964 not in accordance local conditions were pestered feel earn a living land due to feel the provisions of box or restricted becouse autonomous regional. The basis of the law of the Regional Regulations respectivelely but not progressing smoothly fisherman using fixed tribal law due to the county needed local. The field of marine affairs and fisheries is one that has certain mission. Inception mission in fishery ports in Pati or Rembang is basically concerned to welfare goldfish the scope of starch society fishermen. The fact is the implementation is not yet fully realized, so that it can solve the problems. Invite number 16/l964 was not in accordance with local conditions and were pestered feel earn a living land due to feel the provisions of box or restricted because of autonomous regional. The basis of the Regional Regulations is respectivelely but it is not progressing smoothly. The fishermen use fixed tribal law due to local demand.
CONTROL RECONSTRUCTION OF THE HOMELESS CHILDREN AS THE IMPACT OF URBAN DEVELOPMENT IN LAW PERSPECTIVE (A Study in Samarinda) Isnawati, Isnawati
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (476.445 KB) | DOI: 10.26532/jph.v5i1.2997

Abstract

Homeless children as a social issue, especially in urban society, in the view of experts and related the organization and departments do not have a uniform similarity of opinion or definition for that matter. In this context, home less children are seen as a social Clearly a social problem that requires an Appropriate methods of settlement in accordance with the expectations of all stakeholders. The research method used a sociological Juridical approach by solving research problems using the data consisting of legal secondary materials or legal regulations used to implement the data to primary data. The results of the research are: 1) Factors that can influence the municipal government in tackling the problems of children who are abo ve the social environmental factors, the Community Culture, the Migration Factor The three factors are the reality that can not be avoided by the city g o v e r n m e n t t h a t will c a u s e t h e c hild homeless children in Samarinda City. 2) The legal Efforts undertaken by the municipality in a different context from the development undertaken by the Samarinda City Regulation No. 16 of 2002 are not yet applicable, with the improvement of the Samarinda City Regulation No. 7 of 2017 the which is implemented a development w ith the current realities
ALIENATION CHANGES IN FORMATION COMMISSION OF INDONESIAN CONSTITUTION OF1945 (Contemplation Towards The Fifth Amendment) Nggilu, Novendri Mohamad; Badu, Lisnawaty W; Imran, Suwitno Y
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.539 KB) | DOI: 10.26532/jph.v5i1.1975

Abstract

The results of the fou rth amendment Constitution of NRI 1945 leaving academic debate, not only in terms of the substance of the constitution that still has weaknesses and needs to be improved and perfected through the fifth amendment of the Constitution of N R I 1945, but also in terms of process changes that lead to refractive mainly against the spirit of Constitutional Commission , Refraction spirit of the Constitutional Commission took place on two points: first, the establishment of the Constitutional Commission which was form ed to have lost momentum, as well as the tasks assigned by the Assembly to the Constitutional Commission so minimalist that is limited to conduct a comprehensive review and was impressed merely fix systematize and writing of the Constitution of NRI 1945 w hich have been produced by the Assembly.
LEGAL PROTECTION OF THE CHILDREN ON VIOLENCE BY THE PARENTS (A Study in Demak) Sugiharto, Sugiharto; Amartiwi, Jehan Bestari
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (506.788 KB) | DOI: 10.26532/jph.v5i1.3002

Abstract

The criminal act of domestic violence is very common talk among the public. Domestic violence often occurs due to several factors, among which are economic factors that occur in the household as was the case between husband and wife or parents and children. The method used is the juri dical methods of sociology with emphasis on research that was done on the real state of society. Research shows that the legal protection of children as victims of criminal acts of violence committed by parents in the region, namely Demak amicably and lega l action . 

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