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Pembaharuan Hukum
ISSN : 23550481     EISSN : 25803085
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.
Articles
173
Articles
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
Publisher : UNISSULA

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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

RECONSTRUCTION OF CRIMINAL SANCTIONS ON CORRUPTION BASED ON DIGNITY JUSTICE THEORY (Case Study On Corruption Court Decision)

Suyono, Suyono

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

As a universal form of crime, corruption can not be termed as a new problem in matters of law and economics for a Nation. The development of corruption in Indonesia at this time is very dangerous development and hamper prosperity in achieving levels of Indonesian society. Corruption affects civil servants and law enforcement officers. There are several factors generally understood to mobilize human intentions to commit corruption. In other words, there habit of consumptive life. Buy goods that are not so required. There is no shame in social life with all the luxuries that do not fit the job profile. Coupled with no fear of God because of the lack of religious foundations and many other factors that are trusted public can influence a person committing corruption. The idea for the reconstruction of criminal sanctions against perpetrators of corruption based on values of justice with dignity can be realized by studying the court decision corruption case. The idea of such reconstruction is motivated by, among others, the urgency of public policy according to the law of the importance of a step in the eradication of corruption more quickly and effectively in a superb tackle extraordinary crime.

MODEL OF OBLIGATION REGULATORY CONSTRUCTION AS LEGAL PROTECTION EFFORT TO CAPITAL MARKET INVESTORS BASED DIGNITY JUSTICE

Leonard, Tommy, Heriyanti, Heriyanti

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

The research objective is to create a model for regulation of construction obligations as a form of legal protection against Indonesian capital market investors based on dignity justice which is a new strategy for strengthening the role of government in the regulation of the obligation yield. The resulting model in this study in particular has a purpose as an offer or alternative solutions both a legislative function in the realm of the executive and Parliament to produce a obligation regulation. The method that will be used through the stages include: mapping existing condition of construction which has been used, the mapping of potential executives (leading sector) and the Council, evaluating regulations that have been produced so far, identify and evaluate the constraints faced in stage construction policy , identify opportunities and strategies and formulate a model of construction that can be developed, p enekanan in order construction regulations do executive and Parliament in order to generate regulatory-based justice and legal certainty

IMPLEMENTATION OF THE VOCATION SCHOOL OF LEGISLATION AGENCY IN DISCUSSION AND AGREEMENT VILLAGE REGULATION (Study of The Implementation of The Sriwulan Village BPD in Sayung District, Demak Regency)

Dwi Istinah, Siti Rodhiyah, Nafisa, Uyunun

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

Reform and regional autonomy is actually a new hope for the goverment and village communities to build their villages according to the needs and aspirations of the community. The implementation of development in the village is intended to improve the standard of living and welfare of the village community itself through the establishment of policies, program activities that are in accordance with the essence of the problem and priority needs of the village community. The Village Consultative Division (BPD in Indonesian) is an institution of the realization pf democracy from the village community or an institution that represents the voice of the community and is a working partner of the village Government in administering The Goverment in the village head along with his device was overseen by the Village Consultative Division (BPD in Indonesian). The method of the approach used in this study is the Juridical Sociological approach, it uses the Juridical Sociological. The selection results obtained include : 1) Inbiting factors influenced by human resource factors both from the village Government itself as the highest office holder in the village, as well as from PD members who are tasked with assisting in the implementation of the legislative functions of approval and discussion of illage regulations. 2) Solutions and efforts, the village Goernment is expected to conduct training in human resource development such as improving the quality of education and developing capabilities in shapping regulations.

RECONSTRUCTION OF THE CRIMINAL SANCTION POLICY AND ACTION (DOUBLE TRACK SYSTEM) IN LAW ENFORCEMENT FOR NARCOTIC CRIME PREVENTION REFFERED TO RELIGIOUS JUSTICE

Nuryanto, Carto

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

Narcotics abuse is a dangerous problem that can impede the progress of the Indonesian nation in implementing development in every sector of life. Where we know that Indonesia in the decade of the 70s had not yet become a lucrative area for drug marketing. At that time, this country is only a transit area for illicit goods to be shipped to Australia or to other Asia Pacific countries. But two decades later, Indonesia has become a lucrative market for the drug dealers. Even touted to be producers of goods that can make sense of hovering it. The problems faced today are related to the drug is that North Sumatra ranked third after Jakarta and East Kalimantan in the rate of drug users. Setting up a rehabilitation center for criminals, especially drug is a solution. They need the healing process of the illicit drug dependence. Jail is not the best solution for this problem, hold but also perform medical therapy before going to work and we call it “double track system”. Its no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved. Its no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved. Its no secret that many drug users in Penitentiary but still drug dependence. This is because they just physically restrained but the disease has not been cured. They need treatment that has not been achieved.

POLITICAL RELATION BETWEEN TAIWAN AND CHINA AFTER THE SELECTED OF THE NEW PRESIDENT

Ong, Russel, Ong, Argo Victoria

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

Tsai Ing-Wen (Tsai) was elected Taiwans first female president after succeeding won the general election with 56.1% of votes. His victory is expected to push a new round of independence efforts Taiwan from China, and can lead to Chinas instability. Transition the politics that the two regions will pass into global political developments relating to economic and trade cooperation that has been carried out. Time ahead of China and Taiwan will be tested by peaceful means or hostility completely dependent on Tsais own choice. Even though Indonesia is not intertwined diplomatic relations with Taiwan, relations between the two countries are expected to continue increasing given the ongoing economic and trade cooperation enhancement.

RECONSTRUCTION OF DECISION BAPEPAM-LK NO. 412/BL/2010 CONCERNING ON THE TRUSTEE CONTRACT

Pakpahan, Elvira Fitriyani, Bawono, Bambang Tri, Azharuddin, Azharuddin

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

The purpose of this study reconstructs Bapepam-LKs 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 Bapepams 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.

POLICE ROLE IN IDENTIFYING FINGERPRINT BUSINESS CRIME (Studies in the Central Java Police)

Setyowati, Indah, Arini, Ika Setya

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

Fingerprint identification is a technical assistance Police and plays an important role in proving the identity of the perpetrators of criminal acts, able to support a rapid, precise and accurate and to improve the effectiveness and efficiency in law enforcement. This study aims to determine the role of the police in the process of identifying fingerprint to uncover the perpetrators of criminal acts and to identify constraints as a barrier to the implementation of the process of identifying fingerprints by the police to uncover the perpetrators of criminal acts. This study uses empirical juridical approach to analyze the problem by combining the juridical aspect is legislation that was secondary data and empirical aspects by conducting interviews and observations at the site of research is the primary data. Results showed that: 1. The Role of the Police in identifying the perpetrator Crime Fingerprint carried out in several stages conducted by the Criminal dactyloscopy field dactyloscopy Unit (Daktikrim) under Section Identification Ditreskrimum Central Java Regional Police, in charge of the formulation, examination, comparison of equation fingerprint to reveal the identity of the offender. 2. Obstacles that Being inhibitors in Implementing Fingerprint Identification Process by the Police for Revealing Actors Crime: a. Constraints of the Police (Internal constraints) b. Constraints from outside the Police (External constraints).

EFFECTIVENESS OF APPLYING PRINCIPLES OF LEGAL CERTAINTY OF JUSTICE IN THE HANDLING OF CRIMINAL CASE

Acar, ELif, Sudrajat, Sugeng

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

The effectiveness of judges verdict in the trial should ideally contain aspects of the rule of law, justice and expediency. In its implementation is not easy to synergize these three aspects, especially the aspect of legal certainty and fairness are usually contradictory. The results showed that the judge in examining and deciding cases not forever fixated on one principle alone. Constraints faced by judges tend to rule of law in deadlock when written provisions can not answer the problems that exist. Emphasis is more inclined to the principle of justice means should consider a law in society, which is made up of customs and unwritten laws. Judge within reason and legal considerations must be able to accommodate all the provisions that live in the community in the form of customs and unwritten laws. Emphasis tends to be on the principle of expediency over economic nuances.

REHABILITATION OF DRUG USERS IN DIGNITY’S JUSTICE PERSPECTIVE

Setiawan, Bambang

Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

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Abstract

Drugs is a dangerous threat for all people, in addition to the transnational, an increase in drug-related crime is fairly significant. Rehabilitation is one of the efforts to combat drugrelated crimes. However, research shows drug rehabilitation policies for drug users normatively still centrally to law enforcement. In practice, law enforcement still do not understand the philosophy of rehabilitation and prone to the Corruption, Collusion and Nepotism. As a way out, dignified Justice concept is offered to drug users for at humanity. Referring to one of the values of Pancasila, namely, democracy permusywaratan practiced in customary justice. Policy toward drug rehabilitation should involve drug users to help determine period in the future.