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INDONESIA
Pembaharuan Hukum
Published by Universitas Islam Sultan Agung
ISSN : 23550481     EISSN : 25803085     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 342 Documents
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KEBIJAKAN PAJAK DAERAH BERBASIS KEADILAN UNTUK MENDORONG PERTUMBUHAN USAHA KECIL MENENGAH (UKM) DI JAWA TENGAH Amin Purnawan; Siti Ummu Adillah
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Local taxes can be used as one means to support regional development. However, until now there has been realized harmonization between budgetary functions and regulerend functions in the area of tax collection, especially for SMEs. Taxation for SMEs can be a burden that affects its survival. Noteworthy aspects of justice fore tax burden for SMEs, even tax revenues should be used to encourage the growth of SMEs through training, capital, business facilities and so forth. Development of the area in the future design of tax policy needs to consider the ability to pay and the principle of benefit to raise taxes on SMEs.
IDEAL COMBINATIONS OF GOVERNMENT SYSTEM AND PARTY SYSTEM FOR STABILITY AND EFFECTIVENESS OF THE GOVERNMENT Widayati Widayati; winanto winanto
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.v6i3.9275

Abstract

Indonesia since before independence until the time the core adopted a multi-party system. While the system of government changes, from a presidential, parliamentary, quasi presidential system. Multiparty presidential government systems can disrupt the stability and effectiveness of the government because there must be a coalition of political parties in the government, the preparation of the cabinet by the President must consider and accommodate the interests of coalition political parties, decision making or policy-making must also consider the interests of coalition political parties, so it will require longer time. The coalition of political parties is very fluid and pragmatic, so there may be a change in the coalition because there is a possibility that political parties that were outside the coalition will then enter the government coalition, and vice versa. Exit the entry of political parties in the government coalition will certainly be very disturbing, because political parties who have just joined the government will demand a seat in the government, especially in the cabinet. Unloading pairs of the cabinet or dismantling pairs of government seats will often occur. This of course greatly disrupts the stability and effectiveness of government. Therefore, a presidential government system ideally does not combine with a multi-party system. A change from a multi-party system to a simple multi-party system is needed, or if possible with a two-party system.
PARADIGMA TEOTERIS THE LIVING CONSTITUTION DAN PENGAKUAN HAK KONSTITUSIONAL MASYARAKAT HUKUM 400 ADAT DI INDONESIA Windi Hikma Ardiani
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.v2i3.1503

Abstract

This article illustrates that in a pluralistic country like Indonesia, the constitution should reflect the character and social practices that respect diversity in society. The inclusion of conditionalities in the recognition of indigenous people against the original intent of the Founding Fathers, as it should be abolished. Main problem is the existence of indigenous people, indigenous rights, and constitutional position of indigenous people themselves. Protection of the rights of indigenous people is not limited to the formulation of a precise definition of what and who’s indigenous people, but rather to formulate more clearly the position of political subdivisions in the life of the nation as a whole.
LEGAL CONSEQUENCES OF AGREEMENT IN ISLAMIC ECONOMIC BUSINESS Trubus Wahyudi
Jurnal Pembaharuan Hukum Vol 7, No 1 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i1.11196

Abstract

The purpose of this article is to find out The Essence of Akad in Islamic Economic Business and the legal consequences in applying the sanctions for sharia economic disputes against parties who are in default. The approach method uses normative juridical, the results of research found include economic business engagement must be oriented to the principles of justice, partnership and transparency and does not contain gharar (fraud), maysir (gambling), usury, zhulum (persecution), riswah (bribery), haram and immoral goods, The legal consequences of applying sanctions in cases of sharia economic disputes against parties who default must be considered in the application of sanctions appropriately, whether the application of sanctions is cumulative or alternative sanctions from various kinds of sanctions in the form of paying compensation, cancellation contract, transfer of risk, fines, pay court fees.
PERLINDUNGAN HUKUM TERHADAP ISTRI DAN ANAK HASIL POLIGAMI SIRRI DI LOMBOK Muhlas Muhlas
Jurnal Pembaharuan Hukum Vol 4, No 1 (2017): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v4i1.1650

Abstract

Fanaticism on the teachings of Islam in Lombok is very strong, many unregistered marriagesand divorce outside their congregation believes that it is legitimate according to religion and themajority of Lombok people’s belief, but it does not affect the low protection of wives and childrenof polygamy sirri. In this paper the author tries to explore the weaknesses of legal protectionof wives and children resulting from polygamy sirri in Lombok today By using the approachof social legal risecht, which is used in research based on the paradigm of constructivism theauthor seeks to find legal issues faced by the wife and child results Polygamy sirri in Lombok.The result is polygamy sirri which is continuously done by people who only rely on fikh doctrinewithout regard to other legal doctrine (Positive law) it will cause discrimination to woman (wife)and child because do not have base of protection.
MEDIASI PENAL SEBAGAI UPAYA DALAM RANGKA PEMBAHARUAN HUKUM PIDANA DI INDONESIA BERBASIS NILAI-NILAI KESEIMBANGAN Taufiqurrohman Abildanwa
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.v3i1.1353

Abstract

The purpose which would be expected in ”Penal Mediation” in positive criminal law which is to root the values   promoted by restorative justice is rooted in traditional values   in traditional societies such as the value of balance, harmony and peace in society. This study used library research (library research) with normative approach to determine the policy of the criminal law in the prevention of criminal acts through efforts to settle outside the court process in order to reform the criminal law in Indonesia. Analysis of the data used in this study is qualitative data analysis of the primary data and secondary data. Results of this study were (1) the criminal law policy in combating criminal acts through efforts to resolve extrajudicial positive today only a small part, while others are still oriented to the formal completion. (2) Policy criminal law in combating criminal acts through the efforts of  a settlement Penal Mediation in the framework of criminal law reform in Indonesia should be arranged in an integrated manner, and the required type of criminal that could compromise or take advantage of the positive aspects (the reverse also means, avoid negative terms) on the other side of the prison and criminal surveillance sector on the other side.
THE JUSTICE IN CREDIT AGREEMENTS WITH CLAUSULA STANDARD Lathifah Hanim
Jurnal Pembaharuan Hukum Vol 7, No 3 (2020): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v7i3.13578

Abstract

Standard agreements have long been used in various contracts, the use of standard agreements is closely related to advances in the economy that require efficiency in spending costs, time and energy. A standard agreement is an agreement whose terms are standardized or determined by one party only, while the other party can only agree to it. The research objective is to determine and analyze the fairness of the credit agreement in the presence of standard clausulas. The research method uses juridical empirical. The results of the research are Contract justice can be seen in an agreement when both parties reach an agreement to bind themselves together without any pressure from other parties, in this case the contract is carried out voluntarily. Negotiations carried out in an agreement can also avoid one-sided contracts, and this is one of the first steps in creating a fair contract.
GOVERNMENT POLICY IMPLEMENTATION MEETING AND DOCTORS EQUALIZATION VALUES BASED ON JUSTICE (CASE STUDY IN DONGGALA REGENCY) Edita Diana Tallupadang
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.v4i2.1742

Abstract

AbstractThe purpose of this study is to know the construction of the implemen-tation of government policy in the fulfillment and distribution of current doctors; Obstacles to the implementation of government policies in the fulfillment and distribution of current medical staff; As well as the ideal reconstruction of local government policy in the fulfillment and equity of physicians based on the value of justice. The type of research used is the study of doctrinal law, the method of legal research conducted by examining the material legislation, library materials or secondary data. The approach of research conducted on the problems in this study using sociological juridical approach. The data in this research is analyzed by using qualitative method of descriptions. The results of this study are (1) Donggala District Government policy in meeting the needs of doctors in all districts of Donggala is by proposing through Central Sulawesi Provincial Health Office to obtain the quota of doctor of civil servant, PTT and doctor resident; (2) Constraints in the implementation of government policy in Fulfillment and even distribution of current medical staff are some doctors who have been placed pleading again to continue their education or move duties for following husband; and The ideal reconstruction of local government policy in the fulfillment and equity of physicians based on justice values is adjusted to the ratio and needs of the community, and plans to appoint physicians as non-permanent employees at the cost of local government. The Government of Donggala District can submit a Regent Regulation on the fulfillment and equity of doctors in Donggala District, as well as cooperation with private parties through private clinics and CSR improvement.
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA KESUSILAAN DALAM HUKUM PIDANA POSITIF SAAT INI Sri Endah Wahyuningsih
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.v3i2.1407

Abstract

Problems of sexual offenses against children arising from the enforcement of the criminal law has not been oriented to the protection of victims, especially justice, but rather on the application of penalties on the offender. As a result, not make people afraid of committing a crime of morality, even more perpetrators of rape and sexual abuse against children. the problem in this research is how the provisions of the legal protection of children as victims of sexual offenses under criminal law are positive today.Legal protection of child victims of crime in the criminal law of chastity positive current on Article 287, 290, 292, 293, 294 and 295 of the Criminal Code and Article 81 and 82 of the Act.No. 23/2002, as amended. Act. No. 35 of 2014 as amended by Government Regulation No.1 / 2016 on the amendment of the Law No. 23/2002 on Child Protection, and when the victims are included in the scope of the household, then apply the provisions of Articles 46 and 47 of the Law. No. 23/2004 on the Elimination of Domestic Violence, and Law No. 31/2014 on Witnessand Victim Protection. weakness that emerged in the Act. No. 31/2014 is the absence of a provision governing the sanctions when players do not give restitution to the victims.
IMPLEMENTATION OF POST REHABILITATION GUIDANCE TO CLIENTS OF CORRECTIONAL INSTITUTION IN THE FRAMEWORK OF PREVENTION OF RELAPSING TO NARCOTICS CRIMINAL ACTS djauhari djauhari; Aditya Sarjana Putra
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.v4i3.2321

Abstract

The increased of criminal narcotics is along with economic growth in Indonesia. Narcotics criminal mode includes black drug trafficking, illegal narcotics transactions and misuse. The impact of drug consumption pervades 78% of deaths between the ages of 19-21 years. Government policy is set to overcome the danger of narcotics through the guidance of correctional clients aiming, restoring the client to become a whole and productive people in the life of society. This research used empirical juridical approach through purposive sampling data collection method by interviewing the free competent guided respondents to answer the researcher’s question on the topic of prevention system of Narcotics crime in Penitentiary. The results obtained from this study indicate that the prevention system of narcotic drug crime contains four stages of therapeutic intervention for prison clients namely initial registration, rehabilitation, post-rehabilitation and termination. System output is correctional clients recover from narcotics dependence. The implementation of post-rehabilitation mentoring prioritizes the governance in procedural aspects of administration, fulfillment of facilities, planning, organizing, implementing, monitoring and evaluating. Constraints implementation of post-rehabilitation mentoring includes 2 factors, namely internal and external factors of penitentiary clients. The prevention system improvement solution is the strengthening of client portfolio data upon reassessment in Penitentiary. In addition, budget politics are required in the inflation-friendly provision. 

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