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Fakultas Hukum Universitas Islam Jakarta, Jl. Balai Rakyat No.37, RT.8/RW.10, Utan Kayu Utara, Kec. Matraman, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13120
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INDONESIA
Reformasi Hukum
Published by Universitas Islam Jakarta
ISSN : 16939336     EISSN : 26861593     DOI : https://doi.org/10.46257/jrh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in, such as : Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State Administrative Law, Adat Law, Islamic Law, Agrarian Law, and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 22 No 2 (2018): Reformasi Hukum: Edisi Juli-Desember 2018" : 6 Documents clear
UPAYA HUKUM TERHADAP SURAT KEPUTUSAN MENTERI HUKUM DAN HAK ASASI MANUSIA TENTANG PENETAPAN PARTAI POLITIK (STUDI PERSELISIHAN KEPENGURUSAN PARTAI GOLKAR) admin admin
Reformasi Hukum Vol 22 No 2 (2018): Reformasi Hukum: Edisi Juli-Desember 2018
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.173 KB) | DOI: 10.46257/jrh.v22i2.33

Abstract

The Ministry of Law and HAM is authorized to execute Administrative Law. As set forth in Article 4 paragraphs 1-4 of Law No. 2 of 2011 on changes to Law No. 2 of 2008 on the Political Party which reads: “(1) The Ministry receives the registration and research and / or verification of equipment and truth as referred to in Article 2 and Article 3 paragraph (2); (2) The review and/or verification as referred to in paragraph (1) shall be undertaken at least 45 (forty-five) days after receipt of the complete requirements document; (3) The endorsement of the Political Party into a Legal Entity is made with the decision of the Minister at least 15 (fifteen) days after the end of the research and / or verification process; (4) The Minister's decision on endorsement of the Political Party as referred to in paragraph (3) shall be announced in the State of the Republic of Indonesia. However, the fact that Kemenkumham did not carry out its duties in accordance with Law No. 2 of 2011 on changes to Law No. 2 of 2008 on the Political Party. In the case of the Golkar party dispute, the government intervened in the ruling Golkar party, as the Decree issued by the Minister of Justice and HAM had no clear legal basis. Decree issued by the Minister of Justice and Human Rights confirming the ruling of the Laksono golkar party on the basis of the judgment of the Golkar party Court. While the Golkar Party Court itself, as the Internal Authority dealing with the case of the Golkar Party's dispute, has not ruled that the ruling of the Laksono Supreme Court is legitimate, but the content of the verdict is that the Golkar Party Court has not endorsed both (Laksono and Aburizal Bakrie's stronghold) due to differences of opinion and disagreements between the Golkar Party court and ordered that the case be brought to the State Court.
PERALIHAN JAMINAN MELALUI SUBROGASI DALAM PERJANJIAN KREDIT MENURUT UNDANG-UNDANG NOMOR 4 TAHUN 1996 TENTANG HAK TANGGUNGAN ATAS TANAH BESERTA BENDA-BENDA YANG BERKAITAN DENGAN TANAH admin admin
Reformasi Hukum Vol 22 No 2 (2018): Reformasi Hukum: Edisi Juli-Desember 2018
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.087 KB) | DOI: 10.46257/jrh.v22i2.34

Abstract

This study has the following objectives: (a) To obtain an explanation of the dispute resolution of collateral transfer through subrogation in a credit agreement; (b) To provide an overview of the legal protection of creditors on transfer of guarantees through subrogation;. The methods used is the normative yuridical. Research Results, (a). In the Subrogation process, the Bank will submit a Claim to the Guarantee Institution that covers the Credit Facility with the conditions specified in the cooperation agreement between the Secured Party and the Guarantee Institution. When the first payment occurs by the Debtor since the Claim is paid by the Guarantee Agency, Subrogation occurs; (b). Legal protection for creditors on transfer of collateral through subrogation in a credit agreement, whereby the Bank is a creditor that can be harmed due to default by the debtor by means of giving measured power in accordance with clear laws and regulations. Creditors have Claim Rights and Credit Rescue efforts as Legal Protection for Banks in Credit Settlement Through Subrogation
PERLINDUNGAN HUKUM BAGI NASABAH PERBANKAN BERDASARKAN STANDAR LAYANAN DI PT.BANK NEGARA INDONESIA (PERSERO) TBK admin admin
Reformasi Hukum Vol 22 No 2 (2018): Reformasi Hukum: Edisi Juli-Desember 2018
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (534.756 KB) | DOI: 10.46257/jrh.v22i2.35

Abstract

transactions at banks. The customer as the main actor in banking transactions has the right to be served well without any difference or discrimination from one customer to another. If one customer is not satisfied with the service of one of the Bank's officers namely the Security Guard, the customer has the right to submit his complaint to the Head of the Bank. The purpose of this study was to determine the legal protection of BNI customers based on banking service standards and to find out the standard BNI service procedures for customers in accordance with the Banking Act. This study uses a normative juridical approach. Conclusions: 1. PT Bank Negara Indonesia (Persero) Tbk has protected its customers by issuing Company Guidelines for resolving customer complaints, and banking service standards. This can be seen from the availability of Company Guidelines in order and detail in each flow of the process of handling and settling customer complaints which are then equipped with SOP (Standard Service Procedure) for each BNI officer, namely the service standards for Security Guard, Teller and CSO officers and Outlet Leaders. 2. Rules regarding Customer Service Standards at PT Bank Negara Indonesia (Persero) Tbk, are in accordance with: a) Law of the Republic of Indonesia Number 8 concerning Consumer Protection.
PELAKSANAAN PEMBAGIAN HARTA WARISAN TERHADAP AHLI WARIS PENGGANTI MENURUT HUKUM ISLAM DAN HUKUM PERDATA admin admin
Reformasi Hukum Vol 22 No 2 (2018): Reformasi Hukum: Edisi Juli-Desember 2018
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (669.103 KB) | DOI: 10.46257/jrh.v22i2.37

Abstract

The result of his research is that the position of heir substitute according to Islamic law has been explained in Article 185 paragraph (2) Compilation of Islamic Law which states "The part of the substitute heir may not exceed the heirs of equal heirs. The position of substitute heirs according to civil law is stated in Article 832 of the Civil Code which states that "According to the law, the right to be an heir is a blood family, both lawful and out of wedlock, and husband or the wife who lives the longest, according to the following rules. If the blood relatives and the husband or wife who live the longest are not present, then all inheritance becomes the property of the state, which is obliged to pay off the debts of the deceased person, insofar as the inheritance price is sufficient for that ”; (b). The formulation of Article 185 paragraph (1) that uses the phrase "can be replaced" raises the uncertainty of the appearance of substitute heirs. The word "can" contains an understanding that is facultative or tentative so that it can be interpreted as an heir that may be replaced and some may not be replaced. In Article 841 of the Civil Code, it is stated that "Replacement gives the right to someone who changes, to act as a substitute, in the degree and in all rights of the person who is replaced"; and (c). In Islamic Law, the distribution of inheritance to substitute heirs has been explained in Article 174 paragraph (1) letter a stating that the substitute heirs will get a portion of the portion of the heirs who are replaced. Al-Qur'an has also been clearly explained and stated in Surah An-Nisa verse 33 which states that "For each inheritance from the assets left by the mother of father and close relatives, we make the heirs-heirs. And (if any) people who have sworn their loyalty to them, then give them their share. Verily Allah witnesses everything. As stipulated in Articles 842, 844 and 845 of the Civil Code, from the first event (Article 842 and 844 of the Civil Code) there are in the Civil Code, and the third event (Article 845 of the Law Civil Code) is an addition.
ANALISIS TINDAK PIDANA KORUPSI DALAM PENGADAAN BARANG DAN JASA OLEH PEMERINTAH (KASUS PENGADAAN VIDEOTRON; PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR : 36/PID.SUS/TPK/2014/PN.JKT.PST.) admin admin
Reformasi Hukum Vol 22 No 2 (2018): Reformasi Hukum: Edisi Juli-Desember 2018
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (358.621 KB) | DOI: 10.46257/jrh.v22i2.38

Abstract

The criminal act of procurement of videotron in this case, Decision Number: 36/PID.SUS/TPK/2014/PN.JKT.PST. This study aims to determine the legal arrangements for the application of criminal sanctions under special minimum threats in cases of criminal acts of corruption in the procurement of goods and services by the government and to find out the basis of judges' considerations to apply sanctions of corruption in the procurement of goods and services by the government. The research method used is the yuridical normative. The conclusion of this study shows that positive legal arrangements regarding the application of criminal sanctions under a special minimum threat in cases of criminal acts of corruption in the procurement of goods and services by the government Based on Decision Number: 36/PID.SUS/TPK/2014/PN.JKT.PST. note that firstly, regulated and threatened with criminal offense in the Subsidair indictment: Article 3 jo. Article 18 Article 18 of Law Number 31 of 1999 concerning Eradication of Corruption, as amended by Law Number 20 of 2001 concerning Eradication of Corruption Jo. Article 55 paragraph (1) 1 of the Criminal Code. As well as convicting the defendant with imprisonment for 2 (two) years and 6 (six) months reduced for the duration of the defendant's detention with the order that the defendant remain detained in detention and a criminal fine of Rp. 50,000,000 (fifty million rupiahs) in 6 (six) months confinement. Secondly, the basic considerations of judges to apply unfair sanctions of Article 2 paragraph (1), because Defendant Hendra Saputra is actually a tool used by witness Riefan Avrian in fulfilling his intention to participate in and win Videotron procurement work at the Ministry of Cooperatives and Small Medium Enterprises Building RI in 2012.
PELAKSANAAN DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM PADA PROSES PENYIDIKAN MENURUT UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK admin admin
Reformasi Hukum Vol 22 No 2 (2018): Reformasi Hukum: Edisi Juli-Desember 2018
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (535.998 KB) | DOI: 10.46257/jrh.v22i2.39

Abstract

Parents, environment, and state apparatus must protect children by protecting them rights as child because in essence child can not protect themself form a crime.One way to protect the rights of a child is by seeking Diverstion through a Restorative approach. Diverstion is the transfer of the settlement of a child case from criminal justice process to a process outside of criminal justice. While Restorative Justice is the settlement of criminal case involving perpetrators, victims, families of perpetrators / victims, and related parties to jointly seek a fair settlement by emphasizing restoration back to the original state not retaliation. Divertion in this undergraduate thesis is at the level of investigation. The implementation of this version of the investigation is not easy, many obstacles occured in the field. The method used in this study is the normative juridical research that emphasizes the use of legal norms in writing and supported by interviews with resource persons and informants. The results of research and analysis can be concluded that Divertion is one way to realize Restorative Justice. Divertion is not run against serious criminal offenders whose criminal threats are above 7 (seven) years. Implementation Divertion experiencing barriers both internally and externally. Divertion with Restorative Justice approach is in line with qishash-diyat principle.

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