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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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ORIENTASI PEMIKIRAN HUKUM BERKARAKTER KEINDONESIAAN DALAM PERSPEKTIF TEORI HUKUM Arif Hidayat
Jurnal Pembaharuan Hukum Vol 2, No 2 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i2.1426

Abstract

This legal research is exploratory to examine the orientation of legal thought characterless Indonesia in the perspective of legal theory. Through conceptual approaches, normative-doctrinal research using qualitative methods of critical analysis. The study concluded that the theorization of law in Indonesia is not only adopted the thinking with Indonesia setting, but consider the legal relationships that are global as the ingredients thought to develop a theory of the laws of Indonesia in the future. Building a legal theory in Indonesia is an intelectual activity requiring deep thought with a holistic perspective. Thus, growth and development of Indonesia legal theory must pay attention to the fact, that the law is a part of Indonesian culture. Postulate progressive law is very relevant into bid middle path, where the progressive law it should be pro-people and pro-justice, and aims to deliver human well-being and happiness.
THE APPLICATION OF LAW, GOING TO THE LAW ENFORCEMENT (AN ANALIZYNG OF THE RIIL SCIENTIFIC) Faisol Azhari
Jurnal Pembaharuan Hukum Vol 5, No 2 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | 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.
Kajian Filosofis berparadigma Positivisme : Pelaksanaan Corporate Social Responsibility sebagai Kewajiban menurut Undang-Undang dalam Mewujudkan Good Corporate Governance Peni Rinda Listyawati
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.v3i2.1449

Abstract

Positivism point of view can be declared as valid if it is specified by the institution or the competent authority and based on the rule of higher and not hung on moral values. That legal norm as we know is the Act.Law is a manifestation of the will of the government or can be said as way to arrange something in order to achieve the objectives as  it is mentioned in the political law contained in the preamble or a general description. Furthermore, the Government has enacted the Corporate Law which is found in Article 74. This article set of Social and Environmental Responsibility (Corporate Social Responsibility). The fundamental question is why CSR including ethical conduct/ morality of a company, is included into law which must be implemented by the company? This question can not be answered by jurisprudence that has a limited scope. Since it only study about the norms or rules (laws). Moreover, when this condition occurs, it will go to be the object of philosophical discussion.Article 74 of Law No. 40 of 2007 has demonstrated that moral action can be increased its power to become law. Social and environmental responsibility norm become a legal obligation. It rules policy to create Acts and give sanction. The basic value is that the company in business activity has caused negative impacts resulting in losses for the community. In addition, CSR is responsible on the principle of sustainable development. Thereby, by implementing Corporate Social Responsibility properly, it will create Good Corporate Governance (GCG)
RECONSTRUCTION OF DECISION BAPEPAM-LK NO. 412/BL/2010 CONCERNING ON THE TRUSTEE CONTRACT Elvira Fitriyani Pakpahan; Bambang Tri Bawono; Azharuddin Azharuddin
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3744

Abstract

The purpose of this study reconstructs Bapepam-LK's decision number 412 / BL / 2010concerning the trustee contract refers to specific provisions on guarantees stipulated byBapepam / FSA as in item 4 letter E which is still too common. Conditions of bail innumber 4 letter E Bapepam Decree 412 is only limited provision of information, not anecessity. Password Security (if any) does not provide legal certainty for investorsobligations in case of default. With juridical sociological research methods. The theoryused to analyze the theory of justice that is dignified, then research the reconstruction of the law done by changing the special provisions Bapepam's Decision No. 412 in number 4 letter E on collateral (if any) by removing / deleting the words in brackets (if any), caused not show the certainty justice and dignity justice.
ANALISIS HUKUM PENYELESAIAN SENGKETA PELAKU USAHA YANG MENGALAMI PAILIT BERDASARKAN UNDANG-UNDANG PERLINDUNGAN KONSUMEN M. Ali Mansyur; Rusnaldi Salim
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i1.1468

Abstract

The growing business in Indonesia, became an issue for consumers when the company no longer walk according to regulations. Now, many companies are bankrupt. When attacked by a corporate bankruptcy , the company was taken over by the curator in accordance with the provisions of the Bankruptcy Act, and will no longer be the owner of his property for a while. This situation makes consumers confused, because there are many consumers who do not understand the bankruptcy problem, because it is at the beginning of the agreement, the companies represented by his agent, almost never explain the bankruptcy problem.Non-litigation settlement through paths made by BPSK in a way Mediation, Conciliation, and Arbitration. Secondly, Corporate Responsibility/business to consumers if the company has been declared bankrupt by way of paying compensation in accordance with a written agreement that has been agreed by both parties. The steps taken to realize the protection of consumers. The suggestions offered are Supervision and guidan c e of the government against the company/business, the written agreement on how to improve the company so that the company has a lot of consumers that can bring higher profits . So the company is not bankrupt because the company either conventional circumstances that do not harm consumers.
MARITIME TRANSPORTATION OF INDONESIAN POLICY Hartanto Hartanto; Ong Argo Victoria; Anirut Chuasanga
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.v6i1.4657

Abstract

In a period of 5 years (19.962 million) the number of shipping companies in Indonesia increased from 1,156 into 1,724 pieces, or increased 568 companies (an average increase of 10.5% pa). While the strength of the national shipping fleet enlarged, from 6.156 into 9.195 units (an average increase of 11.3% pa). But in terms of haulage capacity rose only slightly, namely from 6,654,753 into 7,715,438 DWT. Means the average capacity of the national shipping company declined. Throughout this period, the volume of sea trade grew 3% pa The volume of freight rose from 379,776,945 tonnes (1996) to 417,287,411 tonnes (2000), or an increase of 51,653,131 tons within five years, but not all of that growth can be met by the capacity of the national shipping company ( Indonesian-flagged vessels), even for domestic shipping (between ports in Indonesia). In 2000, the number of foreign ships which reached 1,777 units with a capacity of 5,122,307 DWT domestic load scooped by 17 million tonnes or about 31%.As a result, the Indonesian shipping industry is currently very poor. National shipping companies compete in national and international shipping market, due to weakness in all aspects, such as size, age, technology, and speed boats. In the field of international cargo (export / import) share of the national shipping company is only about 3% to 5%, with a declining trend (see Table below). These proportions are very unbalanced and unhealthy for the growth of the national shipping fleet strength.
LEGAL STUDIES COURSES ENTREPRENEURSHIP, LEADERSHIP AND PROPAGATION IN SHAPING INTERESTS AND DEVELOPMENT PATTERNS OF STUDENT ENTREPRENEURIAL LEGAL STUDIES Aryani Witasari; Masrus Ridwan; Siti Rodhiyah Dwi Istinah
Jurnal Pembaharuan Hukum Vol 6, No 2 (2019): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v6i2.8739

Abstract

To overcome the labor force in our country continues to increase from year to year, the government has transformed the world of education by requiring entrepreneurship education at several universities, including in Faculty of Law, Islam Sultan Agung IslamicUniversity. Entrepreneurship courses, Propagation leadership and has even become one of the special compulsory curricula. The goal is that students thinking paradigm change, ie of thinking worker became the creator of the work. The mindset of the student is stilldominated by the desire to be employees. Lack of motivation and interest in entrepreneurship is thought to be one cause their mindset has not changed. Conditions were not much different there as well may occur and are experienced by students of legalscience education program undergraduate Sultan Agung Islamic University. Hopefully, the results of this study could also be input for the faculty of law, in particular lecturer entrepreneurship courses, the materials, and the learning process the eye teachingentrepreneurship suitable and appropriate for students of legal studies program undergraduate.
REKONSTRUKSI SISTEM JAMINAN SOSIAL NASIONAL BIDANG KESEHATAN BERBASIS NILAI KESEJAHTERAAN Urip Santoso
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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

Abstract

Optimalized national development can be achieved if the development of public health can be realized, as a form of implementation of the development is manifested in the form of government in providing welfare guarantees health care for all the people of Indonesia. The establishment of social security health agencies as providers of health insurance is expected to answer and respond to the challenges of health development in the present and in the future. Research methods used are legal social research data sources consist of primary data andsecondary data, research approaches have been to see the extent to which the effectiveness of the law in the welfare of society, especially in the protection of health insurance. Based on the research results can be known, that the legal construction of the national social security system in the health sector positive law currently regulated in Law Number 40 of 2004 on the national social security system, while for health care procedures in the administration of health services stipulated in Presidential Decree No. 111 2013 on the national health insurance, some things that need to be reconstructed, namely the reconstruction of the legal substance of Article 39 Presidential Decree No. 111 of 2013 on national health insurance, the reconstruction of the legal structure of the national social security system on a generalization of a national health insurance program, the reconstruction of the legal culture of the national social security system Sector Value-Based Health Welfare.
LEGAL PROTECTION FOR DOCTOR AND MEDICAL STAFF IN THE PANDEMIC PERIOD OF COVID-19 (An Overview of Indonesia from International Perspective) Ong Argo Victoria; Thaan Neet Bunprakop
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.v7i1.10972

Abstract

When first announced as a global pandemic on March 11 by WHO the number of infections worldwide has reached more than 121,000. Instead of Indonesia still feeling safe from a virus outbreak that has paralyzed some countries in the world, President Joko Widodo in early March, who had put the population in a comfort zone, had to admit defeat with a co-19 case report caused by the virus SARS-Cov-2 or better known as the Corona virus. Even with the dynamism of existing data, these predictions can change. This data is certainly not to create panic in the community, but rather to make people aware and provide an overview for the government in handling it. Namely comprehensive handling, especially to prevent wider spread so that the number of infections can be suppressed. In addition, legal certainty is an important instrument in ensuring the safety of health workers so that the government cannot take arbitrary actions against the assignment of health workers. Especially if you look at the legislation regarding health workers, it seems that no one has yet regulated the guarantee of legal certainty for health workers even though Law Number 36 of 2014 concerning Health Workers is already in place. Therefore the Government needs to issue implementing regulations and technical guidelines for the Health Workforce Law and other laws governing legal protection and work safety for health workers. In line with this, Chairman of the Indonesian Lung Doctors Association AgusDwi Susanto, announced that the number of lung specialist doctors is limited, this must be sought by the government with further grouping of funds so that the number of cases of infection does not overwhelm health workers, this is done to break the chain of viral circulation with the help of partially quarantine and social procurement.
PENERAPAN PIDANA TERHADAP PENyALAH GUNA NARKOTIKA UNTUK DIRINyA SENDIRI Dahlan Dahlan
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.v4i1.1641

Abstract

Article 2 of Law Number 35 Year 2009 on Narcotics mentioned Narcotics Act based on Pancasila and the Constitution of the State of the Republic of Indonesia Year 1945. Subsequently Article 3 letter a mentioned Narcotics Act held based on keadilah. But in his enforcement does not describe the sense of justice. This research is normative juridical, that is method whichdescribes or exposes a fact systematically then its analysis is conducted by juridical by linking between data and facts obtained by analyzing court decision related to criminal sanction to perpetrator of narcotic crime and related with regulation of law applicable. In order to achieve a common perception in the application of narcotic drug abuse for himself by law enforcement officials, it is necessary to reconstruct Law Number 35 Year 2009 on Article 132 Paragraph (1) to be: Experiment or conspiracy to commit narcotic crime and narcotics precursor as referred to in Article 111, Article 115, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Articles 126, 127, And Article 129, the perpetrator shall be subject to the same imprisonment in accordance with the provisions referred to in those Articles

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