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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.
Arjuna Subject : -
Articles 200 Documents
SEMANGAT PEMBAHARUAN DAN PENEGAKAN HUKUM INDONESIA DALAM PERSPEKTIF SOCIOLOGICAL JURISPRUDENCE Junaidi, Muhammad
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1346

Abstract

The spirit of renewal and law enforcement is often considered only based on a process of renewal and change the old Act to the new Act. If the renewal and law enforcement just conceived so, then the law will continue to be considered not present in the midst of society as part of the settlement of the problem. As a solution needs to be established is to integrate the spirit of renewal and law enforcement collaborated with social reality. Thus the ideal model is expected become law unifying identity as an expression of popular sovereignty and the pattern of State laws harmonization purposes.
IMPLIKASI PENCABUTAN HAK ATAS TANAH TERHADAP PERLINDUNGAN HAK ASASI MANUSIA Faturrahim, Faturrahim
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i3.1512

Abstract

Ownership of land rights is a fundamental right that is also a part of human rights. Revocation of ownership of land rights by the president is done for the public interest. The protection of subjects' rights to the right to repeal of rights is based on an understanding of the common sense. Public interest is an abstract, easily understood theoretically, but becomes very complex when implemented.
AKIBAT HUKUM AKTA PERJANJIAN KREDIT YANG DIBUAT NOTARIS DENGAN JAMINAN HAK TANGGUNGAN ADANYA KEPASTIAN HUKUM DAN KEADILAN PARA PIHAK Supartini, Oting; Mashdurohatun, Anis
Jurnal Pembaharuan Hukum Vol 3, No 2 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i2.1443

Abstract

The purpose of this study is the legal consequences arising out of the Credit Agreement with the guarantee of mortgage studies in case number 127 / Pdt.G / 2014 / PN.SMG, in the District Court of New York, How should a notary to make loan agreement with the Mortgage Guarantee ensure legal certainty.In this study, using juridical empirical method. Type and source of the data used in the primary and secondary data. Collecting data with the study of literature and the (observation, interviews and questionnaires). Analysis of data for qualitative descriptive. As a result of the law on the ratification of the creditors of the credit agreement by notary, with a guarantee of mortgage, based on the wording of Article 6 of Law No. I R 4 Year 1996 on Land  and Other Bodies related to the land, the right to sell the object of mortgage on its own power is one embodiment of the priority positions (referent). And as a result of the law of the debtor apply Article 1338 of the Civil Code, Article 1243 applies, Article 1244KUHPerdata, and Article 1237, paragraph (2) of the Civil Code. The legal consequences of Notaries that have fulfilled the provisions of Article 1320 of the Civil Code in accordance with the obligations of and is not in violation of Article 16 on the obligation of, and in compliance with the Article 38, 39, 40 andArticle 44 paragraph (1), (2), (3) and paragraph (4), Law of Republic of Indonesia No. 30 2004 Jo No. 2 Year 2014 concerning Notary and do not violate the code of ethics of the notary, so that the act is still not degraded to act under the hand. Of a credit agreement with a guarantee of mortgage that guarantees the rule of law and justice of the parties, the fulfillment of Article 1320, Article 1321 of the Civil Code, and Notary must comply with Article 15 and Article 16 ofthe Law Notary, implement the Code of conduct and other Law.
SANCTIONS POLICY IN THE INDONESIAN ACT. NO. 35 OF 2009 ON NARCOTICS Setyowati, Indah
Jurnal Pembaharuan Hukum Vol 5, No 1 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i1.3022

Abstract

Law is a legitimate product that is issued by the government / state is defined as a rule that should be known by the people or the public anywhere in the territory. The Act of the Republic of Indonesia Number 35 of 2009 on Narcotics is the latest drug laws supersede previous laws. Sanctions policy in this legislation is seen using a double track system which means that the policy of sanctions to use two-lane system is a criminal path for all the prohibited acts and course of action for users / abusers. While the sanctions policy are the following types may be criminal sanctions in principal and additional criminal, criminal sanctions are generally threatened by cumulation ie for example imprisonment with penalty, No weighting towards certain crimes when committed in an organized with conspiracy and carried out by the corporation and recidive. Experiment with a criminal offense the penalty is equal to committing a crime.
POLICE RECONSTRUCTION POLICY AND LAW IN THE IMPLEMENTATION OF ATTORNEY RESTORATIVE JUSTICE EMBEZZLEMENT BASED CRIME LAW PROGRESSIVE sulistyowati, Sulistyowati
Jurnal Pembaharuan Hukum Vol 4, No 2 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i2.1670

Abstract

The aim of this study is to determine and assess the legal policy in the Police and the Prosecutor in the application of restorative justice criminal offense of embezzlement  today, to know and study the the obstacles of legal policy in the Police and the Prosecutor in the application of restorative justice acts criminal embezzlement based on Progressive Law .This research is descriptive analytic research, which means the results of this study seeks to provide a thorough and in-depth description of a situation, fact or phenomenon. Approach method used in this study was empirical juridical approach or Socio - Legal Research. Analysis data used in this research was a qualitative descriptive data analysis.Results of this study are (1) The policy of law on the Police and the Prosecutor in the application of restorative justice criminal offense of embezzlement is for the investigation of the offenses of embezzlement. The investigators still examine the perpetrators, victims and witnesses, as well as what happens at the level of the prosecution attorney. The attorneys as a public prosecutor still proceed with the prosecution in accordance with the criminal procedure. Justice system if the parties so good Perpetrators, agreed to make peace and do not want to continue the case to the next process, the Investigator Police will apply discretion by allowing the case file was hanging in the sense of not issued Warrant Termination of Investigation  but did not proceed to the extent prosecution. Also at the level of prosecution, as the Attorney General Prosecutor not issued Cessation prosecution but also does not proceed bestow the file to the Court; (2) Factors to be obstacles in the implementation of legal policies Police and the Attorney General in the implementation of restorative justice criminal offense of embezzlement  at this time.
PERAN POLRI DALAM PEMBERANTASAN PERUSAKAN HUTAN Sodik, Anwar
Jurnal Pembaharuan Hukum Vol 2, No 3 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i3.1505

Abstract

The problem of forest destruction remains a national issue that requires serious attention from all sides. The necessity of the above gain serious attention is not due to the high forms of violation of forest destruction. Increased forest destruction related offenses easily known by the public not only through reports in the mass media, both print and electronic, but also from various data issued by various institutions, both private and government. Police as one of the institutions responsible for upholding the law must be prosecuted participation in supporting the realization of combating the destruction of forests. In connection with this, the problems that wish to reply to the author in this study about : How is the role of the police in combating forest destruction, efforts have been made by the police in the clearance of forest destruction, constraints What are occurring in the implementation combating forest destruction has been done by law enforcement officials Police in Perum Perhutani Forest Management Unit Kendal and alternative solutions to completion.This type of research used in this study is a normative legal research, with descriptive research normative specifications. The data source can be either secondary data and primary data, for the data collection method by means of literature study and interviews. Data analysis method used was qualitative analysis for this study starts from the existing regulations as the basis for positive law.From the results of this study concluded that: handling Combating Deforestation is not maximized and still piecemeal in handling, between the national police and Perum Perhutani still not fully synergies due to the absence of good cooperation with the team because the team is in the handling of forest destruction has not been working in groups , so as to enhance and maximize efforts should be made to develop cooperation component of the criminal Justice System (CJS) in order to create synergy between law enforcement officers in tackling crime forest destruction and laundering the proceeds of forest destruction and formed a team / joint task force of Perum Perhutani with the Police and given awards or rewards for their dedication in the disclosure of forest destruction that have been disturbing and detrimental to a country with immense loss.
REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION Suharto, Rakhmat Bowo
Jurnal Pembaharuan Hukum Vol 6, No 3 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i3.9531

Abstract

The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.
INCREASING CHILDREN'S CONSCIOUSNESS IN MOTORCYCLING OF MOTORCYCLE ON RAILWAY (study in Demak Regency) Musofiana, Ida; Pinandito, Rizki Adi
Jurnal Pembaharuan Hukum Vol 4, No 3 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i3.2331

Abstract

Traffic accidents are a global health problem. The number of traffic accidents each year has increased and traffic accidents in Indonesia are assessed by the World Health Organization (WHO) as the third killer after heart disease and tuberculoces. This study aims to examine how exactly the level of knowledge of parents in Demak District to their children who ride motorcycles on the highway. The method used in this research is descriptive qualitative, with research location in Demak Regency. In order to obtain data in the field, data collection techniques such as observation and structured interviews, and using data analysis. The role of parents as a mentor is accompanying children while driving, and monitor the child if you want to ride a motorcycle, check the safety of driving. The purpose of this research is to become the agenda of socialization of safety riding for the general public in order to increase awareness of the importance of maintaining traffic safety on the highway, and reminding each other if there is violation of traffic rules. One of them reprimanded underage riders so as not to speed-kebutan or more careful.
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 | 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.
KAJIAN HUKUM ONLINE DISPUTE RESOLUTION (ODR) DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 1999 Mansyur, M Ali; Kamil, Hutrin
Jurnal Pembaharuan Hukum Vol 1, No 2 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i2.1461

Abstract

Alternative dispute resolution (ADR) is an out of court dispute resolution. that the parties to the dispute by mutual agreement freely choose the form and procedures contained in the alternative dispute resolution and will be applied in the dispute resolution. One of the breakthrough by using a model of online arbitration, which is known as Online Dispute Resolution (ODR), so that the disputing parties can resolve anywhere he is. This research uses normative juridical approach, an approach to positive law or regulations reserved. By analyzing and evaluating legislation. Online dispute resolution process consists of: The parties agreed in the form of an agreement to resolve the dispute through arbitration online. Although legally, Online Dispute Resolution is not expressly provided in the Act No. 30 of 1999, does not mean there can be applicable in Indonesia. But the arbitrators and judges can use the method of the invention to overcome this law.

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