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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 12 Documents
Search results for , issue "Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum" : 12 Documents clear
NOTARY’S RESPONSIBILITY ON AGAINST THE LAW IN THE MAKING OF AUTHENTIC AGREEMENT Kirenci, Mohammed
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (457.233 KB) | DOI: 10.26532/jph.v5i2.3074

Abstract

Notary is a public official authorized to make an authentic agreement and the other has the same authority as referred to in the office of the Notary Act. In Article 16 of Notary Act mentioned that one of the tasks Notary is honest and trustworthy in the running position. However, in practice many notaries who called the court to account for the authentic agreement made because it contains elements against the law. Notary actions are not in accordance with the legislation and Notary Code and has caused losses to many parties.
WITNESSES TESTIMONY WHO HAVE NO COMPETENCE IN THE CORRUPTION CRIME Nawawi, Fikri
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (534.365 KB) | DOI: 10.26532/jph.v5i2.3075

Abstract

Calculation of state losses can only be done by a witnesses. Witnesses  here are not only witnesses  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. Witnesses  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 Witnesses  who have no competence in the matter of corruption, the statement becomes invalid.
FINANCIAL INSTITUTIONS IN THE LEGAL SYSTEM OF ISLAMIC BANKING AND LEGAL DISPUTE SETTLEMENT Khisni, Akhmad
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (287.397 KB) | DOI: 10.26532/jph.v5i2.3109

Abstract

Islamic financial institutions in Indonesia are legalized in the governance of the banking law and in case of legal disputes become the absolute authority of the Religious Courts. Religious Courts readiness in responding to the development Islamic economics and resolve legal disputes are inevitable in the conduct of religious courts function as a legal institution, namely enforcement of certainty (juridical aspects) and justice (philosophical aspect), in addition to running the social aspects (sociological aspect). The position of Justice of religion as a social institution is dynamic, because of the exchange with the community dynamics that require the judge to explore, and understand the value of the law who live in the society. The implementation of Act No.3 of 2006 as amended by Act No. 50 Of 2009 regarding the Second Amendment to Act No.7 of 1989 concerning the Religious Courts, reinforced by Act No. 21 of 2008 concerning Islamic Banking. Institutional constraints faced by the Religious Court in handling cases Islamic economics is the law enforcement factors, factors of infrastructure, the judge in the religious courts appeared to be not effective due to the number of judges who have not been certified Islamic economy is still lacking, and the lack of educational and training of human resource development. In a more holistic approach to address the above problems, it is necessary reconstruction of the arrangement of the legal system and legal institutions and legal culture arrangement
LEGAL PROTECTION OF THE DEBTOR CONSTRUCTION COMPLETION OF NONPERFORMING LOANS BY AUCTION OF LIABILITY WARRANTIES Sulastri, Lusia
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (466.118 KB) | DOI: 10.26532/jph.v5i2.3009

Abstract

The resolutions of non-performing loans with tendering guarantee Encumbrance Often bring up the resistance of the debtor in the form of Civil Lawsuit filed to the District Court the which is due to the complexity of the auction and Several weaknesses inherent in the Mortgage Law. Issues that will be Examined is the debtor regarding the cause of the resistance and constructing legal protection for the debtor, the which will then be Analyzed by Juridical reasons debtor resistance and constructing legal protection for debtors. Resistance debtor raises the conception of the construction of legal protection to the debtor will be maintained, as well as the Law on Consumer Protection the which regulates legal protection for debtors and Also Provides protection against collateral in the debtor from the arbitrariness of the determination of the limit value by "tendering Crime" in the tendering process the security object security rights. Weakness contained in UUHT and determination of limit values of objects in the tendering process encumbrance Become the subject matter of this study. For it is very important that creditors be cautious in making loans to its customers, in the handling of non-performing loans,
RECONSTRUCTION OF LEGAL LIABILITY OF REGISTRATION BY NOTARY FIDUCIARY BASED ON PP No. 21 of 2015 Suryandari, Wieke Dewi
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (581.372 KB) | DOI: 10.26532/jph.v5i2.3140

Abstract

Fiduciary term that has long been known in the Indonesian language. Similarly, the term is used in Act No. 42 of 1999 regarding Fiduciary. In the terminology of the Dutch term is often referred to in full, namely Fiduciare Eigendom Overdracht (FEO), namely the delivery of property rights in the trust. The methods used in this study, using juridical-empirics. Judicial approach used to analyze the various rules and regulations governing the fiduciary agreement and fiduciary While the English term is called Fiduciary Transfer of Ownership.Background onset of fiduciary institutions, as set out by the experts is because the statutory provisions governing the institution pand (pawn) contains many flaws, does not meet based on developments in its history, Fiduciary originated from an agreement that only is basedon trust. But over time in practice the necessary legal certainty to protect the interests of the parties and the needs of society.
THE APPLICATION OF LAW, GOING TO THE LAW ENFORCEMENT (AN ANALIZYNG OF THE RIIL SCIENTIFIC) Azhari, Faisol
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.71 KB) | DOI: 10.26532/jph.v5i2.3072

Abstract

Law or law order are not made to be observed and to be logical rational study only but to be done. Of course the application of law in society gets concretization proccess where the regulation of general and abstract normative law given for special, concrete and casuistic problems. It is not enough to implement limitted law on legal norms only normatively in societ, we have to observe more on social phenomena to implement the law flexibly. The implementation of law which is able to creat efective communication between the members of society, and not release from the final objective or the main goal of the legal politic namely to reach social welfare and protection as the integral part of the social policy, that is the implementation of law into the law enforcement.
RECONSTRUCTION OF INDONESIAN LABOUR REGULATION TO THE INTERESTS WORKERS IN INDONESIA (Reviewing About Salary) Budiyono, Budiyono
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (564.453 KB) | DOI: 10.26532/jph.v5i2.3138

Abstract

Workers protection is intended to guarantee the basic rights of workers and ensure equality of opportunity and treatment without discrimination on any basis whatsoever for the welfare of workers and their families with regard to the progress of the business world. In Part Two of Article 88 of Act No. 13 of 2003 which regulates the Wage has been set that the government set a wage policy that protects workers in Article 88 paragraph (2) with the hope of every worker is entitled to the income that meets a decent livelihood for humanity in Article 88 paragraph (1). As for the wage to protect workers in question consists of a minimum wage, wages overtime, wages do not work due to absent, wages do not work due to other activities outside of work, wages for exercising the right to take a rest, shape and manner of payment of wages, Fines and deductions from wages, things that can be accounted for by wages, wage structure and scale proportionally, wages for severance payments and wages for income tax calculation.
REVIEW OF IMPLEMENTATION OF CRIMINAL JURIDICAL CRIME AGAINST THEFT WITH VIOLENCE sulchan, achmad
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (435.403 KB) | DOI: 10.26532/jph.v5i2.3026

Abstract

In the implementation of law enforcement does not always correspond with what is written in the legislation. Law is created, grow and thrive in the community with the aim to regulate people's lives in order to create order, peace, tranquility and prosperity in society. This is reflected from one of the statutory functions as a tool of social control. Related criminal in the theft with violence as stipulated in Article 365 Book of the Criminal Justice Act. Application of the law against the crime of theft with violence shall comply with the applicable substantive criminal provisions and requirements can dipidananya defendant based on the facts revealed in court, there are two valid evidence, sworn testimony of witnesses who based their religion and beliefs of judges in deciding a defendant, to consider things that are burdensome and ease; To achieve the rule of law and the rule of law and justice with dignity, the judge legally consider also that the discovery of things that can release the defendant from criminal liability, either as an excuse or reason pemaaaf, the existence of a fault, is against the law and the absence of any reason as criminal eraser, so the judge can be found sane defendant considered to be able to be responsible
RECONSTRUCTION OF SCIENTIFIC INVESTIGATION IN INDONESIA Prihmono, Teguh
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (522.836 KB) | DOI: 10.26532/jph.v5i2.3139

Abstract

The purpose of this study is to analyze the process of scientific investigation, the empowerment of scientific investigation by investigators, obstacles faced and finding scientific investigation based ideal of justice. This study uses empirical juridical approach that is related to the professional investigators and forensic laboratory examiner in conducting scientific investigations, also used a qualitative approach of the source of primary data and secondary data, then analyzed diskriftif with sestematika sentence further discussion is concluded. The problem is analyzed with proof theory and the theory of legal certainty so that it can be concluded find scientific investigation based on the ideal of justice.
LEGAL PROTECTION TO THE PEDESTRIAN RIGHT Karlyana, Kadek Erma; Mulyono, Galih Puji
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.457 KB) | DOI: 10.26532/jph.v5i2.3007

Abstract

Walking is one of the main modes of human transportation before the emergence of various other means of transportation that support the movement or movement of humans. In the midst of the rapid development of transportation, safety from pedestrians began to be overlooked by the increasing percentage of traffic accidents involving pedestrians as victims. The neglect of pedestrian protection is a form of violation of human rights that is the basic right of the pedestrian itself as the weakest mode of transportation. The neglect of the protection of pedestrian human rights is caused by several factors such as the availability of inadequate facilities such as the conversion of pedestrian lines by street vendors, the lack of awareness from the public regarding law enforcement on pedestrian protection to the lack of government role in it. The purpose of writing this topic is to raise public awareness about the importance of protection of pedestrian rights by not escape the existence of cooperation from the government so that the rights can be fulfilled as stated in the Act.

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