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Jurnal Kajian Pembaruan Hukum

JKPH
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Published by Universitas Jember

ISSN : - EISSN : 27769828 DOI : https://10.19184/jkph

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Kajian Pembaruan Hukum (ISSN 2776-9828) is a refereed law journal published by the postgraduate program (Master of Laws) of the University of Jember, Indonesia. The publication in this journal focuses on the studies in law reform under doctrinal, empirical, socio-legal, and comparative approaches. The journal welcomes all submissions about constitutional law, criminal law, private law which emphasize the new perspectives for displaying and opening an intimate knowledge into the way they work in practice. Manuscript submissions should be between 7,000-10,000 words in length, although shorter papers relating to policy analysis and debate will be considered. The peer-review process and decision on publication will normally be completed within 60 days of receipt of submissions The aims of the journal are to encourage scholarly attention and advance the intimate knowledge of recent legal discourses. It accommodates high-quality manuscripts relevant to the endeavors of scholars and legal professionals with fundamental and long-term analysis in the light of empirical, theoretical, multidisciplinary, and comparative approaches. The focus of the journal is legal studies. Articles submitted to this journal are on contemporary legal discourses in the light of theoretical, doctrinal, multidisciplinary, empirical, and comparative studies. The scope of the paper submissions includes constitutional and administrative law, corporate law, criminal justice, adat law, law and society, international law, international economic law, human rights law, and intellectual property law.

Arjuna Subject : Umum - Umum

Articles 28 Documents

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Meninjau Ulang Ketentuan Presidential Threshold dalam Pemilihan Presiden dan Wakil Presiden di Indonesia Aprilian Sumodiningrat
Jurnal Kajian Pembaruan Hukum Vol 1 No 1 (2021): January-June 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

The presidential threshold is a requirement for the nomination of the President and Vice President to meet the minimum threshold percentage for support from the DPR or the number of valid national votes. Presidential threshold provisions are contained in various laws and regulations regarding Elections. This research is juridical study using a conceptual approach and statute approach. The legal materials used in this research are primary and secondary legal materials. The two legal materials are inventoried; then used as a basis for compiling a prescriptive study of the legal issues raised. The results of this study state that the presidential threshold has started since 2004. Regulations regarding post-reform elections always include a presidential threshold. Then, the presidential threshold has been 'tested' several times by the Constitutional Court. Various decisions of the Constitutional Court stated that the presidential threshold is one of the provisions which is the domain of open legal policy for legislators or the making of laws. Furthermore, the implication of the presidential threshold is aimed at simplifying the fragmentation of political parties in parliament. The nominations for the President and Vice President promoted by the parliamentary political party actually allow for more than two candidates; and it is also possible to have an Election that does not get the support of more than 50 persen of the voters' vote. Thus, effectiveness is needed regarding the implementation of the presidential threshold provisions in the presidential system by strengthening relations between presidential institutional actors and the President's non-institutional personnel. KEYWORDS: Presidential Threshold, General Election, Open Legal Policy.

Sanksi Penundaan atau Penghentian Jaminan Sosial Pada Masa Pandemi COVID-19 Ana Fauzia; Fathul Hamdani
Jurnal Kajian Pembaruan Hukum Vol 1 No 2 (2021): July-December 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

Social security program reflects state's responsibilities to provide social and economic protection to citizens. However, social security in Indonesia has remained to become a central issue after Presidential Regulation Number 14 of 2021. This regulation outlines administrative sanctions on delaying or terminating social security for citizens that refuse vaccines. This study examined the issue from philosophical, juridical, and sociological perspectives on the administrative sanctions for delaying or terminating the social security related to the vaccine requirements. This study used a legal research method with statutory, conceptual, and case approaches. This study indicated that the regulation regarding the postponement or termination of social security provision contradicted Article 20(1) of Law Number 40 of 2004 on the National Social Security System. Also, it violated human rights about the right to social security based on the 1945 Constitution. Instead, to succeed in vaccination, it should adopt a socio-cultural approach by combining legal instruments with elements of local culture in the community for legitimating vaccination as its part of being accepted in the society. KEYWORDS: Social Security Program, Presidential Regulation, Administrative Sanctions, Vaccines, COVID-19.

Peran Pejabat Pembuat Akta Tanah dalam Proses Peralihan Jual Beli Hak atas Tanah Christiana Sri Murni
Jurnal Kajian Pembaruan Hukum Vol 1 No 1 (2021): January-June 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

The Land Deed Official (PPAT) is a public official granted the authority to make deeds of transfer of land rights, assignment of land rights, and authorization to impose mortgage rights according to the prevailing laws and regulations. However, the question arises about how significant the role of PPAT is in transferring the sale and purchase of land rights, considering the laws and regulations governing land sale and purchase are potentially irrelevant to the current situation. This study aims to analyze the role of PPAT in transferring the sale and purchase of land rights. This type of research is normative juridical research; by using a statutory approach and a conceptual approach. This study uses primary and secondary legal materials. Then, it is described and analyzed to answer the problem to clarify the role of PPAT. The study's results reveal that the process of transferring land rights can be carried out using customary law with three options, namely adol plas, adol gadai, and adol tahunan. Then, from the national law's perspective, land rights commerce must meet the material requirements and formal requirements. PPAT has an essential role in registering land data, namely by making evidence of legal actions regarding land plots. The PPAT position has a strategic role in making authentic deeds a requirement in transferring land rights due to sale and purchase. KEYWORDS: PPAT, Deed of Sale and Purchase, Transfer of Rights.

Realisme Hukum: Peradilan Adat dalam Perspektif Keadilan Sosial Dominikus Rato
Jurnal Kajian Pembaruan Hukum Vol 1 No 2 (2021): July-December 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

Aspects of positivism with its normative approach are often taught in various law schools as a single perspective. The study of law can be based on legal realism. Nevertheless, there is still a debate about legal realism's working pattern and contribution to juridical science. This study that introduced legal realism worked with socio-legal method based on the literature review. It aimed to elaborate on the concept of legal-realism as an epistemology of the socio-legal school, which leads to the conception of customary law and legal anthropology. With a naturalistic approach and supported by theories of customary law and legal anthropology. This study showed that legal realism as a school in philosophy and juridical studies based on empirical studies need to be developed. It referred to legal realism conceptualized in Scandinavia and America that was suitable to Indonesia's legal context, especially customary law as the law that lives in society. Therefore, the law that lives in society is strengthened through verdict and law enforcement officers as symbols of the state. It suggested that legal realism is also taught in law schools at universities, so that legal academics have diverse points of view, both in the legal discipline and as a research method. KEYWORDS: Customary Law, Socio-Legal, Social Justice, Legal Realism.

Kebijakan Pencabutan Hak Politik sebagai Pidana Tambahan dalam Perkara Korupsi di Indonesia Enha Sorandri Tahir
Jurnal Kajian Pembaruan Hukum Vol 1 No 1 (2021): January-June 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

Additional criminal to revoking political rights imposed on convicted corruption cases are referred to as extraordinary policy and efforts made in the context of eradicating the criminal act of corruption, in which corruption is categorized as an extra ordinary crime. The basis for additional criminal law deprivation of political rights is contained in the Criminal Code (KUHP) and Law Number 31 of 1999 concerning Eradication of Corruption as amended by Law Number 20 of 2001 (UU PTPK). This study aims to examine the additional criminal policy of deprivation of political rights against convicted corruption cases seen from the perspective of the purpose of punishment and the suitability of the legal basis used to apply additional crimes of deprivation of political rights against convicts of corruption. The type of research used in this study is the juridical normative research type. The methods used are the statutory approach method, conceptual approach, and case approach. Meanwhile, for data collection techniques, this study uses legal materials consisting of: a.) Primary legal materials, namely statutory regulations and court decisions; b.) secondary legal materials include legal books, legal journals and other scientific works in the field of law. The results of this study first reveal that the additional punishment for depriving political rights is not against the purpose of punishment. It reveals that the additional criminal legal basis for deprivation of political rights for convicted corruption cases should be more specific in determining the length of time for deprivation of political rights in the PTPK Law. KEYWORDS: Policy, Additional Punishment, Political Rights, Corruption

Mengoptimalkan Peran Lembaga Perfilman Indonesia: Analisis Aspek Hak Cipta terhadap Praktik Siaran Video Ilegal Relys Sandi Ariani; Luna Dezeana Ticoalu; Herlin Sri Wahyuni
Jurnal Kajian Pembaruan Hukum Vol 1 No 2 (2021): July-December 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

The film is part of the intellectual property rights attached to the creator. Nowadays, it is commonly agreed that violation of intellectual property rights portrays in film piracy for personal gain is inevitable, with illegal streaming services. This study aimed to examine film protection, conduct a study of film institutions, and find concepts to protect films in Indonesia. The study used a juridical method with the statute and conceptual approaches. In so doing, it used secondary data processed using library research techniques. The study showed that illegal movie streaming rampant in Indonesia practiced illegal streaming movies. It violated the intellectual property rights inherent in the creator, resulting in enormous losses for the creators. There are further problems in the laws and regulations, and the government must accommodate preventive actions. This study suggested three components: correctional, supervision, and copyright protection against illegal movie streaming in Indonesia; and these components were to maximize the role of stakeholders. KEYWORDS: Illegal Streaming Movies, Indonesian Film Institute, Intellectual Property Rights and Copyrights

Outsourcing sebagai Pelanggaran Terhadap Hak Para Pekerja di Indonesia Zaimah Husin
Jurnal Kajian Pembaruan Hukum Vol 1 No 1 (2021): January-June 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

The problem experienced by contract workers or outsourcing are quite varied, which includes the potential of human rights violations. This is because the insufficient existing regulations in Indonesia protect contract workers. This study is legal research, which uses statutory and conceptual approaches that utilize primary, secondary, and tertiary legal materials. The technique of collecting legal materials in this legal research uses literature study. This study shows that outsourcing workers are the most disadvantaged party in a work agreement, remarkably where they are terminated. The outsourcing worker will not get the normative rights like ordinary workers. Outsourced workers do not have a fixed work period. Then, the working period returns to the beginning when a work contract agreement occurs. The work contract system with probation conducted by the company directly benefits the company. It can violate human rights due to the absence of wages based on the length of work provided by the company. As a result, it is essential to pay attention to agency workers' conditions to obtain legal protection for human rights. Human rights are fundamental and must be legally protected. Thus, legal protection regarding the rights of outsourced workers can be carried out by the local government by issuing policies that regulate legal protection for agency workers. Finally, companies will pay more attention to the welfare of workers. KEYWORDS: Outsourcing Workers, Right to Work, Legal Protection.

Telaah Efektivitas Mekanisme Pemberhentian Presiden Indonesia: Perbandingan Praktik Amerika Serikat dan Korea Selatan Muhammad Yoppy Adhihernawan; Annisa Nur Fadhila
Jurnal Kajian Pembaruan Hukum Vol 1 No 2 (2021): July-December 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

Impeachment is a part of the control mechanism in the constitutional system to allege the President's violation of the constitution. Impeachment characterizes presidential systems as implemented in various countries, such as the United States, South Korea, and Indonesia. This study aimed to examine the rule and practice on the impeachment of the President and/or Vice President in Indonesia, with reference to the United States and South Korea. Then, it analyzed how this mechanism is effective to be implemented in Indonesia. This study used a juridical research method with a comparative law approach. This study indicated differences in impeachment in the United States, South Korea, and Indonesia. The impeachment mechanism in the United States only involved representative institutions, but that in Indonesia and South Korea required judicial intervention. In particular, Indonesia's impeachment dealt with the decision that remained in the hands of the political institution, the People's Consultative Assembly. In South Korea, the final decision ended in the judicial institution. Through this comparison, Indonesia should reformulate the impeachment mechanism of the President and/or Vice President in Indonesia with the following suggestions. First, regarding allegations of serious violations, the final impeachment decision must be in the Constitutional Court. Second, concerning allegations of misconduct, the decision on impeachment must rest with the People's Consultative Assembly. KEYWORDS: Impeachment, Indonesia, South Korea, United States.

Legitimasi Kedudukan Kepala Desa dalam Penyelesaian Sengketa Agraria Sri Anggraini Kusuma Dewi; Rezky Panji Perdana Martua Hasibuan
Jurnal Kajian Pembaruan Hukum Vol 1 No 2 (2021): July-December 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

The agrarian disputes often occur in rural areas, considering that the majority of the livelihoods of rural communities are farmers. In this regard, rural communities also cannot be avoided from agrarian conflicts that occur between residents, including in terms of inheritance. This social legal research aims to analyze the factors causing the occurrence of agrarian conflicts in rural areas; and explain the role of the village head in dealing with disputes related to land. This empirical legal research uses a qualitative approach that is based on primary data and secondary data as obtained through a series of observations, interviews, and documentation. The results of the study indicate that rural communities tend to choose the head of village as the party that resolves agrarian disputes in rural areas. Therefore, the rural community perspective believes and considers the head of village to be able to provide a sense of community justice. The scheme used by the head of village is mediation or what is often called 'deliberation for consensus'. KEYWORDS: Land, Customary Law, Head of Village, Amadanom, Malang.

Perlindungan Hukum Bagi Pekerja Anak: Tinjauan Perspektif Keadilan dan Kesejahteraan Anak Meirina Nurlani
Jurnal Kajian Pembaruan Hukum Vol 1 No 1 (2021): January-June 2021
Publisher : Master's Program at the Faculty of Law, University of Jember, Indonesia

Increasing economic demands shape the situation of a child having to work to help his parents to support his family's economy. Therefore, it is necessary to provide legal protection for child labor. Legal protection for child labor is an important instrument that must be considered by the government; considering that the guarantee of legal protection is a moral responsibility for the government to fulfill the welfare and justice of child workers. This type of research is legal research. This legal research uses a statute approach and conceptual approach. The legal materials used in this legal research are primary and secondary legal materials. The results of this study state that legal protection for child labor is based on various laws and regulations. The welfare of child workers will be obtained when the rights of child workers as stated in various laws and regulations are fulfilled and guaranteed by the company. Prosperity in this study does not only have material meaning, but includes non-material aspects; as well as continuing to provide flexibility for children to continue to develop their capacity. Furthermore, regarding justice, child workers should also be given legal protection; considering that children are human beings who have human rights. Tackling the problem of child labor can be done using three efforts; namely preventive efforts, curative efforts, and repressive measures. On the other hand, an integrated planning is needed to deal with the problem of child labor. This sustainable planning is carried out to fulfill various fundamental rights of child labor. KEYWORDS: Child Workers, Child Rights, Legal Protection for Child Workers.

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Contact Name
Fradhana Putra Disantara

Contact Email
dfradhana@gmail.com

Phone
+6282143093798

Journal Mail Official
jkph@unej.ac.id

Editorial Address
Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember, East Java, Indonesia 68121

Location
Kab. jember,

Jawa timur

INDONESIA

Abstract

Abstract

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Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Fradhana Putra Disantara

Contact Email dfradhana@gmail.com

Phone +6282143093798

Journal Mail Official jkph@unej.ac.id

Editorial Address Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember, East Java, Indonesia 68121

Location Kab. jember, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Fradhana Putra Disantara

Contact Email
dfradhana@gmail.com

Phone
+6282143093798

Journal Mail Official
jkph@unej.ac.id

Editorial Address
Faculty of Law, University of Jember Jalan Kalimantan No. 37 Jember, East Java, Indonesia 68121

Location
Kab. jember,

Jawa timur

INDONESIA