Jurnal Pembaharuan Hukum最新文献_第3页

THE KAFAAH CONCEPT OF THE SAKINAH FAMILY IN MUSLIM GENERATION BASED ON ISLAMIC LAW 以伊斯兰教法为基础的穆斯林一代sakinah家庭的kafaah概念

Jurnal Pembaharuan Hukum Pub Date : 2023-04-24 DOI: 10.26532/jph.v10i1.31487

Muklisin Muklisin

引用次数: 0

THE MODEL OF ENVIRONMENTAL REGULATION BASED ON AN ECOLOGICAL JUSTICE 基于生态公平的环境规制模式

Jurnal Pembaharuan Hukum Pub Date : 2023-04-22 DOI: 10.26532/jph.v10i1.30543

Tiyas Vika Widyastuti

引用次数: 0

THE IMPLEMENTATION OF THE SUSPECT'S RIGHTS IN THE LEGALITY OF PRETRIAL INVESTIGATION 嫌疑人权利在审前侦查合法性的实现

Jurnal Pembaharuan Hukum Pub Date : 2023-04-16 DOI: 10.26532/jph.v10i1.30577

B. Budiyanto, Farida Kaplele, Alwan Hadiyanto

{"title":"THE IMPLEMENTATION OF THE SUSPECT'S RIGHTS IN THE LEGALITY OF PRETRIAL INVESTIGATION","authors":"B. Budiyanto, Farida Kaplele, Alwan Hadiyanto","doi":"10.26532/jph.v10i1.30577","DOIUrl":"https://doi.org/10.26532/jph.v10i1.30577","url":null,"abstract":"The purpose of this study is examine the legality of the investigative process at pretrial hearings and their constraints. The normative legal research method supported by empirical legal research is used in this study. The results of the study found that the suspect's right to test the legality of the investigation process at the pretrial hearing has been implemented through legal procedures in accordance with the provisions of Article 77, Article 79, Article 82 and Article 95 of the Criminal Procedure Code. In its implementation, out of a total of 40 cases, 15 cases were rejected, 7 cases were granted, 7 cases were withdrawn, 4 cases could not be accepted, 6 cases were declared disqualified, 1 case was still in trial. As a result, it was found that there were procedural errors and violations of rights committed by investigators, so that during the examination the pretrial hearing was declared invalid. Obstacles for a legality test for the investigation process through a pretrial hearing include: the pretrial request was declared invalid, declared unacceptable, the difficulty for the suspect to find legal counsel who could win his case, the high cost of paying attorneys, the suspect's ignorance and ignorance of legal issues.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42832868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE DISPUTE SETTLEMENT FOR CONSUMER PROTECTION BY THE CONSUMER DISPUTE SETTLEMENT AGENCY IN LEGAL ASSURANCE PERSPECTIVE 法律保障视角下的消费者权益纠纷解决机构

Jurnal Pembaharuan Hukum Pub Date : 2023-04-14 DOI: 10.26532/jph.v10i1.30562

Jaenudin Umar, Endang Sutrisno, Abdullah Abdullah

{"title":"THE DISPUTE SETTLEMENT FOR CONSUMER PROTECTION BY THE CONSUMER DISPUTE SETTLEMENT AGENCY IN LEGAL ASSURANCE PERSPECTIVE","authors":"Jaenudin Umar, Endang Sutrisno, Abdullah Abdullah","doi":"10.26532/jph.v10i1.30562","DOIUrl":"https://doi.org/10.26532/jph.v10i1.30562","url":null,"abstract":"The concept of consumer protection is to guarantee legal certainty to consumers, namely efforts to empower consumers to obtain or determine their choice of goods and/or services and to defend or defend their rights if business actors harm them. Legal norms to protect the interests of consumers are not sufficient. Therefore, to achieve a balance in protecting the interests of consumers and business actors, a clear legal order is needed so that a healthy economy can be realized. Consumer protection norms in the Consumer Protection Law System, as a fundamental norm, become the criteria for determining alleged violations of consumer rights. The aim of this study is to provide an alternative for resolving cases, a form of embodiment of the implementation of consumer rights protection policies. The approach method used in this research is juridical sociological. However, there are still legal loopholes that often occur. May harm the interests of consumers. The existence of regulations that still have to be synchronized and harmonized between the Consumer Protection Act and the rules governing Arbitration and Alternative Dispute Resolution issues because the Consumer Protection Law formulates rules for resolving consumer disputes by separate arbitration, which is relatively different from the basic concept of the arbitration mechanism which generally accepted so that the settlement of consumer disputes becomes legal uncertainty.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49652931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE POLITICS OF CRIMINAL LAW IN CYBERCRIME: AN EFFORTS TO COMBAT INFORMATION TECHNOLOGY CRIMES IN INDONESIA 网络犯罪中的刑法政治：印尼打击信息技术犯罪的努力

Jurnal Pembaharuan Hukum Pub Date : 2023-04-13 DOI: 10.26532/jph.v10i1.26707

Milla Mudzalifah, Pujiyono Pujiyono

引用次数: 0

THE CONCEPTUAL AND HISTORICAL REVIEW OF CONSTITUTIONAL LAW IN INDONESIA 印尼宪法的概念与历史回顾

Jurnal Pembaharuan Hukum Pub Date : 2023-04-10 DOI: 10.26532/jph.v10i1.30568

Indra Muchlis Adnan

引用次数: 0

THE BLOCKCHAIN-BASED ON E-VOTING IN THE LOCAL ELECTIONS SYSTEM: AN EFFORT TO REALIZE E-DEMOCRACY 基于区块链的地方选举系统电子投票:实现电子民主的努力

Jurnal Pembaharuan Hukum Pub Date : 2023-04-05 DOI: 10.26532/jph.v10i1.22811

M. Aris, Dita Elvia Kusuma Putri, Gioliano Putra, Xavier Nugraha

{"title":"THE BLOCKCHAIN-BASED ON E-VOTING IN THE LOCAL ELECTIONS SYSTEM: AN EFFORT TO REALIZE E-DEMOCRACY","authors":"M. Aris, Dita Elvia Kusuma Putri, Gioliano Putra, Xavier Nugraha","doi":"10.26532/jph.v10i1.22811","DOIUrl":"https://doi.org/10.26532/jph.v10i1.22811","url":null,"abstract":"E-voting in post-conflict local elections is still a long debate. One of the reasons is related to the security problem e-voting. Over time, system blockchain born which is known unhackable. Therefore, will analyze, first, urgency using e-voting in post-conflict local election system and secondly the formulation use of blockchain-based e-voting in the post-conflict local election system. The method research is legal research with statute approach, conceptual approach, and case approach. As for the results of the study: first, urgency using blockchain in regional head election system, because there are still many problems, namely: 1) Multiple voter data which results in voters being able to vote more than one time, 2) There are still ballots that have been voted, due irresponsible persons, 3) Distribution of ballot boxes and ballots have problems both before and after voting, and 4) Many post-conflict local election officers died and got sick due to fatigue while on duty, and secondly, the formulation use blockchain in electronic-based regional head election system, must considered: 1) review readiness of districts/cities, 2) Making rules with stakeholders, 3) Resource training humans, 4) Socialization to the community, 5) The implementation is carried out systematically tiered, 6) Implement pilot project before implemented.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44672910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE GOVERNMENT'S ROLE IN OVERCOMING UNDERAGE MARRIAGE IN THE MUSLIM COMMUNITIES IN 政府在克服年穆斯林社区未成年婚姻方面的作用

Jurnal Pembaharuan Hukum Pub Date : 2023-03-31 DOI: 10.26532/jph.v10i1.22433

Suprijati Sarib, M. Alimashariyanto, Rahmah Nur, A. Imamah, Rahmawaty Rahmawaty

{"title":"THE GOVERNMENT'S ROLE IN OVERCOMING UNDERAGE MARRIAGE IN THE MUSLIM COMMUNITIES IN","authors":"Suprijati Sarib, M. Alimashariyanto, Rahmah Nur, A. Imamah, Rahmawaty Rahmawaty","doi":"10.26532/jph.v10i1.22433","DOIUrl":"https://doi.org/10.26532/jph.v10i1.22433","url":null,"abstract":"This research aims to analyze the government's role in overcoming underage marriage in the Muslim communities in Manado City, North Sulawesi Province, Indonesia. The government's involvement is significant because of the yearly increase of child marriage cases in the city. Therefore, this qualitative research employed a descriptive approach to analyze the data, which were collected through observation, interviews, and documentation. The primary data sources were the heads of the Religious Affairs Offices in Manado City, consisting of the Tuminting, Tikala, Wenang, and Singkil Subdistricts, while journal articles, government regulations, literature, and other relevant documents constituted the secondary data. Subsequently, the results showed that the government's duties and functions concerning marriage in the city are implemented through the Religious Affairs Office and include providing services, monitoring, recording, reporting, and guidance. Its role in combating underage marriage in the city's Muslim community is performed through formal activities, namely the socialization of Act No. 16/2019 concerning the age of marriage, pre-marital guidance and education for school-age children and millennial youth, as well as marriage preparation guidance. Also, non-formal activities are performed through lectures, coaching, and rendering marriage advice at the majlis ta'lim and youth events in mosques.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42656596","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE PRINCIPLE OF THE BEST INTERESTS IMPLEMENTATION OF THE CHILD IN A DECISION TO CANCEL A CHILD'S BIRTH CERTIFICATE 取消儿童出生证明的决定中儿童的最大利益原则

Jurnal Pembaharuan Hukum Pub Date : 2023-03-31 DOI: 10.26532/jph.v10i1.30432

R. Mustika, I. M. P. Dharsana

{"title":"THE PRINCIPLE OF THE BEST INTERESTS IMPLEMENTATION OF THE CHILD IN A DECISION TO CANCEL A CHILD'S BIRTH CERTIFICATE","authors":"R. Mustika, I. M. P. Dharsana","doi":"10.26532/jph.v10i1.30432","DOIUrl":"https://doi.org/10.26532/jph.v10i1.30432","url":null,"abstract":"This research aims to provide an understanding of the determination to cancel a child's birth certificate that can potentially violate children's human rights. So that the role of judges as a judicial institution is needed to protect children's rights as it should. Marriage registration is merely an administrative action and does not affect the validity of the marriage. Errors in marriage registration should not necessarily affect the status of the child's position. Because after all, birth certificates are issued by the state to protect and provide legal certainty over the child's status. This research used a typology of research with a prescriptive form and then normative juridical research methods with secondary data derived from laws and regulations relating to child protection. In conclusion, legal action to cancel a child's birth certificate due to legal defects in a marriage can be said to be an action that is contrary to the principle of the best interests of the child, therefore it is fitting that the application for annulment of a child's birth certificate be properly considered by the panel of judges who act as an extension of the state in the judicial field.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47610261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

THE IDEAL LEGAL REGULATION FOR DECENTRALIZED FINANCE AS THE DEVELOPMENT OF INDONESIA CRYPTO ASSET TRADING 随着印尼加密资产交易的发展，去中心化金融的理想法律监管

Jurnal Pembaharuan Hukum Pub Date : 2023-02-02 DOI: 10.26532/jph.v9i3.21245

Yazid Bustomi, Y. T. Muryanto

{"title":"THE IDEAL LEGAL REGULATION FOR DECENTRALIZED FINANCE AS THE DEVELOPMENT OF INDONESIA CRYPTO ASSET TRADING","authors":"Yazid Bustomi, Y. T. Muryanto","doi":"10.26532/jph.v9i3.21245","DOIUrl":"https://doi.org/10.26532/jph.v9i3.21245","url":null,"abstract":"Decentralized Finance (DeFI) has positively impacted the development of crypto asset trading and has been adopted by various countries except for Indonesia. This study aims to identify the urgency of regulating DeFi as the development of crypto asset trading in Indonesia and construct the ideal regulation. This research is normative legal research with a statutory and conceptual approach. The research results stated the urgency of regulating DeFi as the development of crypto asset trading is: a) other countries have used DeFi because it can develop crypto asset trading for the better by creating value stability in crypto assets, having a function for lending and borrowing crypto assets, having transparency in transactions and lower crypto asset trading fees; b) DeFi technology adopted in the development of the Digital Rupiah project by BI and adopted by physical traders of crypto assets in Indonesia; c) as a form of legal protection from risks arising from technical or non-technical negligence or intention to protection from crime. Ideal legal regulation for decentralized finance as the development of Indonesia crypto asset trading is the formation of a regulation by CoFTRA in the form of technical guidelines and implementation mechanisms, in the form of a new written CoFTRA Regulation, in the form of a decree from the Head of CoFTRA whose focus is to regulate DeFi as development Crypto asset trading.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43200243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0