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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 342 Documents
MURABAHAH TRANSACTION IN SHARIA BANK WITH WORK POTENTIALLY INFRINGE THE SYARIAH ECONOMIC LAW minanul azis
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.v4i3.2318

Abstract

Islamic bank generally deputes customers to buy product for supplier in terms of deferred payment sale purchase agreement, there are possibilities: an agreement upon the delivery of money, and customers are not in accordance with bank in spending money. The agreement of deferred payment sale is appropriate with the advisory opinion of National Sharia Board, goods officially become the property of bank. The customers are generally not in accordance with bank in spending money, so that the value are often not in accordance with the price of bank within the agreement, it can be concluded based on advisory opinion of National Sharia Board that deferred payment sale is invalid.
REKONSTRUKSI HUKUM PERKAWINAN DIBAWAH TANGAN DALAM PERSPEKTIF FIQH BERDASARKAN NILAI KEMASLAHATAN Munasir Munasir
Jurnal Pembaharuan Hukum Vol 2, No 1 (2015): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v2i1.1415

Abstract

Marriage is a physically and mentally bond between a man and a woman as husband and wife with the intention of forming a family or household happy and everlasting based on God. The dualism of the legal status of Islam in Indonesian society marriage is a problem that must be solved with emphasis on the value of the benefit. Methods used normative juridical method, this study sought to find out whether the law to be applied in order to solve a particular problem, in other words, normative juridical approach is the approach that examines the law asthe norm. The results obtained are 1. that the marriage Construction under the hand according to Islamic jurisprudence Islamic marriage between husband and wife with Moslem or nonMoslem with a harmonious marriage include the willingness and consent qobul. Marriage is said to be valid if carried out in accordance with Islamic fiqh with the five pillars of marriage,namely a) Approval of the bride and groom, b) Mayor of marriage, c) Two witnesses, d) Ijab qobul and d) Mahar. And reconstruction of marital law under the hand in the perspective ofIslamic jurisprudence by requiring that the benefit of legal marriage should Replaces, ie the agreement of both bride and groom, guardian of marriage, two witnesses, the dowry, consentqobul and please register at KUA / civil records.
NEGATING STATES LOSSES APPROACH ON PUNISHMENT OF CORRUPTION Fransiskus Arkadeus Ruwe
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.v5i1.2994

Abstract

The criminal act of corruption is viewed from the formulation of the offense Article 2 of Act No. 31 Of 1999 concerning the Crime of Corrup tion is an economic offense caused by an act against the law, as a logical consequence of the Against the Law is to restore or negate the state's losses , achieve justice, utility and legal certainty, with priority on utility. Not becoming prevalent zero lo sses concept applied b ecause it is trapped in the prevalence of enforcing the law of corruption with the priority on legal certainty, it requires the progressive and militant spirit of the judges but a high and long commitment and a relatively long time to start with the target group within the judge t o get out of the routine of law enforcement that is running 
OUTSOURCING DALAM UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (DITINJAU DARI ASPEK 222 KEADILAN, KEPASTIAN, DAN KEMANFAATAN HUKUM) Maulana Saputra Sauala
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.v2i2.1433

Abstract

Outsourcing system ilegalized by law No. 13 of 2003 on employment especially in chapters 64-66, so it can be examined that the legislators themselves are agents of the canal for entrepreneursand the state on the other hand through his government also supports this activity. That is, hereit is clear that the political forces affecting the massive law. Here there is clearly a dichotomybetween countries as legislators / wisdom with the community as the goal of the legislation. The implication is due to the dichotomy of law acts as a tool to manipulate the state of socialrelations, even openly law the interests of the groups that control the state in this case is thecapital owners / entrepreneurs.It can be concluded the law is for humans and confirmed the existence of human beings asa whole person, so that the passage of the law is also the needs of the community itself. But if the opposite happens, ie, as described above, it can be ascertained that the law certainly got loud opposition from people who put themselves as victims, in this case the state would not be able to protect the interests of the people especially the workers’ interests
LEGAL AGREEMENT AD/ART “PT. PERKEBUNAN NUSANTARA IX” AFTER THE CONSOLIDATED PTP XV-XVI (PERSERO) WITH PTP XVIII (LIMITED) Achmad Jumeri Pamungkas; Meilyna Dwijanti
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.v5i2.3131

Abstract

Articles of Association of the Limited Liability Company is a legal basis that is used as reference in the management of the Company. The company can carry out cooperation with other parties. One such partnership is the amalgamation or consolidation of one or two companies into a single management company. in accordance with the process and the provisions of the legislation in force. In the Agreement clearly contain 1) the name and domicile of the Company; 2) the purpose and objectives and business activities of the Company; 3) The period of the founding of the Company; 4) the amount of the authorized, issued and paid-up capital; 5) the number of shares, class of shares if there is the following number of shares for each classification, the rights attached to each share, and the nominal value of each share; 6) the name of position and the number of members of the Board of Directors and Board of Commissioners; 7) determination of the place and manner of implementation of the GMS; 8) procedures for the appointment, replacement, dismissal of members of the Board of Directors and Board of Commissioners; 9) procedures for the use of profits and dividend distribution.
AGENDA PENEGAKAN HUKUM DAN RELEVANSINYA BAGI PEMBANGUNAN BANGSA Gunarto Gunarto
Jurnal Pembaharuan Hukum Vol 1, No 1 (2014): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v1i1.1455

Abstract

There are some very influential on the fact that the law enforcement paradigm. First, the tendency of the system broadest autonomy so that it can be federalism. Second, the tendency of a multiparty system that affect the presidential cabinet system that had been adopted in 1945. Third, the tendency of separation (not distinction) expressly (separation not differentiation) between the executive, legislative, and judicial branches. greatly affect the law making process (LMP), and law enforcement process (LEP). Fourth, the inclusion of the effects Governmental Organization (NGO) in the government decision-making and legislative process is sometimes influential in the process of justice. Fifth, the presence of MPR RI who ordered the President to carry out the government’s eradication of corruption and creating a clean and respectable further increase the burden of government is not smaller in the present and the future. Therefore, the development of national law reform period is now a transition from the previous system to a democratic system of government that promote transparency, accountability, and human rights, and than can open public access to government performance.
STUDY THE THEORY OF WELFARE STATE IN WEST AND ISLAM IC PERSPECTIVE djauhari djauhari
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3829

Abstract

Entering the 20 th century is the era of the Welfare State. In development between countries with one another turns out different from each other. It can thus happen, because it is influenced by the basic philosophy and community life of each country. At least it can be influenced by the basic philosophy of the capitalist, socialist and Islam. Even in the West is now the Welfare State has shifted its meaning to 'Workfare'. In the Welfare State in which the state is responsible for the well-being for its citizens, then the Workfare, now the responsibility of turning on each individual. Each person will be responsible for addressing the problems faced alone / 'individual empowerment'
PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN BERBASIS NILAI KEADILAN Radi Yusuf
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.v1i1.1475

Abstract

Divorce is a part of the marriage, because there would be no divorce without any prior marriage. If in divorce there is a dispute on the division of joint property, the settlement of disputes concerning joint property may be filed through the Religious Court, as the provisions of Article 88 Compilation of Islamic Law. This research method using normative juridical approach, ie anapproach to legislation that analyze a rule used to determine the division of joint property due to divorce. The results obtained showed: 1) That the factors that influence the decision of courts that do not deliver justice is Factor Substance Law, Legal Structure Factor, Factor Culture Law. 2) Implications of the implementation of the division of joint property due to divorce based onvalues of justice resulted in a) Changes in the division of joint property paradigm concept of divorce is the judge as law practitioners, will be transformed into the figure of the judge as the law enforcement and justice. b) Changes in the model along with the division of property due to divorce, namely treasure together divided in accordance with the provisions of Article 97Compilation of Islamic Law and treasure together divided not in accordance with the provisions of Article 97 Compilation of Islamic Law, division of such assets based on sources giving a living.
MEMBANGUN HUKUM INDONESIA YANG BERKARAKTER Muhammad Ali Mansyur
Jurnal Pembaharuan Hukum Vol 1, No 3 (2014): Jurnal Pembaharuan Hukum
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Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Building the Indonesian character law means building the law of the values of the personality of the Indonesian nation, Pancasila (the five principles). The embodiment of the values of the principles: divinity, humanity, unity, democracy, and social justice animate and enliven the devolepment of national laws of Indonesia, able to respond the process and the changes that occur without leaving its legal indentity, Pancasila
SOCIAL ANALYSIS OF NARCOTICS ABUSE PREVENTION WOMEN Andri Winjaya Laksana
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.v6i3.9413

Abstract

Narcotics abuse is a serious problem experienced by various countries including Indonesia. Narcotics abuse can endanger and threaten a Nation. Narcotics problems are not only done by men but also involve women in carrying out their actions both as users and as dealers. The weak position of women in determining policy makes it easy for women to become easy targets in narcotics abuse. The lack of knowledge and understanding related to narcotics and law makes women a powerless element in the chain of narcotics distribution networks. If a woman is trapped in the illicit trafficking of narcotics, it will be feared as an example for her children to follow her actions. This has become a special concern in efforts to tackle Narcotics Crimes carried out by Women.

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