Jurnal Pembaharuan Hukum最新文献

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THE RELATIONSHIP BETWEEN RELIGIUSITY AND CONFORMITY WITH MORAL INTEGRITY IN ELECTION MANAGERS IN DEMAK REGENCY 德马克州选举管理人员的宗教信仰与道德操守的关系
Jurnal Pembaharuan Hukum Pub Date : 2023-01-10 DOI: 10.26532/jph.v9i3.28219
Nailul Mukorobin, M. Suharsono, Daniel Purwoko Budi Susetyo
{"title":"THE RELATIONSHIP BETWEEN RELIGIUSITY AND CONFORMITY WITH MORAL INTEGRITY IN ELECTION MANAGERS IN DEMAK REGENCY","authors":"Nailul Mukorobin, M. Suharsono, Daniel Purwoko Budi Susetyo","doi":"10.26532/jph.v9i3.28219","DOIUrl":"https://doi.org/10.26532/jph.v9i3.28219","url":null,"abstract":"The purpose of this research to test empirically the relationship between religiosity and conformity with moral integrity in election organizers in Demak district. The hypothesis put forward is there is positive relationship between religiosity and moral integrity in election organizers in Demak Regency. The research subjects amounted to 240 election organizers of Demak Regency. This study uses a quantitative method with documentation measuring instrument Religiosity Scale, Conformity Scale, and Moral Integrity Scale. The data obtained were then analyzed with multiple linear correlations. Based on the results of the analysis obtained value R=34,761and t = 10.962 with a p of 0.000 (p <0.01). Correlation coefficient value between Religiosity with Moral Integrity of Election Organizers in Demak Regency of 0.232 with a value of p: 0.000 (p <0.01) and the value of the correlation coefficient between conformity with the moral integrity of the election organizers in Demak Regency of 0.055 with a p-value: 0.393 (p>0.01). This means that there is a very significant positive relationship between religiosity and the moral integrity of election administrators in Demak Regency, and there is no relationship between conformity and the moral integrity of election organizers in Demak Regency.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49500938","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
IDEAL FORMULATION OF DIVERSION IN LAW ENFORCEMENT OF CHILDREN IN THE FUTURE 未来儿童执法分流的理想提法
Jurnal Pembaharuan Hukum Pub Date : 2022-12-31 DOI: 10.26532/jph.v9i3.29041
Gomgom TP Siregar
{"title":"IDEAL FORMULATION OF DIVERSION IN LAW ENFORCEMENT OF CHILDREN IN THE FUTURE","authors":"Gomgom TP Siregar","doi":"10.26532/jph.v9i3.29041","DOIUrl":"https://doi.org/10.26532/jph.v9i3.29041","url":null,"abstract":"The purpose of this writing is to find out and analyze the formulation of law enforcement for children in the future so that the punishment of children is more useful, the approach method uses a normative juridical approach, the results of the study state that the implementation of diversion in article 7 paragraph (2) letter a SPPA Law carries a prison sentence under 7 years to get diversion so that the limitation on the implementation of diversion in Article 7 paragraph (2) letter a will have an impact on the child's right to get diversion when the child commits a crime above the threat of imprisonment for 7 years and above which should be the problem can be resolved peacefully based on the purpose of diversion but there is restrictions on the threat of imprisonment under 7 years in the implementation of diversion. The general principles contained in the Convention on the Rights of the Child should be taken into consideration to amend or remove conditional restrictions on diversion for imprisonment under 7 years because they have deviated from the essence of children's rights and the general principles contained in the Convention on the Rights of the Child.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48501559","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 LEGAL RECONSTRUCTION OF STATE CIVIL APPARATUS (ASN) IN REGULATING ASN PERFORMANCE IN THE ERA OF GLOBALIZATION 全球化时代国家民事机构在规范民事行为中的法律重构
Jurnal Pembaharuan Hukum Pub Date : 2022-12-30 DOI: 10.26532/jph.v9i3.28705
Aghia Khumaesi Suud
{"title":"THE LEGAL RECONSTRUCTION OF STATE CIVIL APPARATUS (ASN) IN REGULATING ASN PERFORMANCE IN THE ERA OF GLOBALIZATION","authors":"Aghia Khumaesi Suud","doi":"10.26532/jph.v9i3.28705","DOIUrl":"https://doi.org/10.26532/jph.v9i3.28705","url":null,"abstract":"The era of globalization requires State Civil Apparatus (ASN) to understand information technology in carrying out public services. Until the discourse of Work From Anywhere (WFA) emerged as a form of changing the pattern of e-government performance to establish good governance. For this reason, a legal reconstruction of the ASN is needed so that it does not violate the merit system in the ASN Law. However, significant changes and training are needed in all respects to make this happen. By using normative juridical methods and secondary data, the author considers that it is necessary to analyze the reconstruction of ASN Law in regulating ASN performance in the Globalization Era and how the mechanism for changing digital-based performance patterns is. The result of this article is legal reconstruction is needed in ASN regulations and the discourse on implementing WFA for ASN can actually be carried out with a merit system mechanism that fulfills five performance indicators namely, productivity, service quality, responsiveness, responsibility and accountability well.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44666570","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 ACCESS TO JUSTICE IN SYNERGIZING PAYMENT OBLIGATIONS OF SPECIAL MINING BUSINESS LICENSE HOLDERS WITH TAX COMPLIANCE IN INDONESIA 在印度尼西亚,特别采矿营业执照持有人的支付义务与税务合规协同作用中的诉诸司法
Jurnal Pembaharuan Hukum Pub Date : 2022-12-30 DOI: 10.26532/jph.v9i3.20549
Yudha Pramana, A. Hermawan, Leo B. Barus
{"title":"THE ACCESS TO JUSTICE IN SYNERGIZING PAYMENT OBLIGATIONS OF SPECIAL MINING BUSINESS LICENSE HOLDERS WITH TAX COMPLIANCE IN INDONESIA","authors":"Yudha Pramana, A. Hermawan, Leo B. Barus","doi":"10.26532/jph.v9i3.20549","DOIUrl":"https://doi.org/10.26532/jph.v9i3.20549","url":null,"abstract":"The obligations of the Special Mining Business License (IUPK) holders to the Government are only given without the active participation of the DGT and the central and local governments to test IUPK compliance as taxpayers. These obligations have the potential to ignore Article 33 and Article 23A of the 1945 Constitution. Based on the normative juridical study using the access to justice and the sustainable development approach, two conclusions are drawn. First, the enactment of several regulations shows that the IUPK's obligation to pay 4% to the Central Government and 6% to the Regional Government from net profits is only given, based on financial reports that have been audited by a public accountant. Second, Article 129 of the Minerba Law, Article 4 (1), Article 6 (1), and Article 9 (1) of the Income Tax Law, as well as Article 15 (3) of PP No. 37 of 2018 must be implemented through monitoring, evaluation, and regular audits of net profits before taxable income on the actual self-assessment reporting conducted by IUPK. It is proposed to make joint audit rules in testing compliance with good mining practice and IUPK obligations, as well as compliance of filling and actual payment of taxes owed.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47626742","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 CONCEPT OF ENERGY CONTROL IN INDONESIA FROM THE ECONOMIC CONSTITUTION PERSPECTIVE 从经济宪法的角度看印尼能源控制的理想理念
Jurnal Pembaharuan Hukum Pub Date : 2022-12-30 DOI: 10.26532/jph.v9i3.17429
I. Qurbani, Ilham Dwi Rafiqi, Emilda Yofita, N. Rahma
{"title":"THE IDEAL CONCEPT OF ENERGY CONTROL IN INDONESIA FROM THE ECONOMIC CONSTITUTION PERSPECTIVE","authors":"I. Qurbani, Ilham Dwi Rafiqi, Emilda Yofita, N. Rahma","doi":"10.26532/jph.v9i3.17429","DOIUrl":"https://doi.org/10.26532/jph.v9i3.17429","url":null,"abstract":"Indonesia's energy transition trends are faced with many challenges and require support in several life sectors. Thus, the pledge of legal certainty and justice through the policies and legal arrangements has become a crucial factor. The present research employed normative legal research with a statutory, historical, and conceptual approach. The purpose of the research was to examine the regulation about energy control in Indonesia all this time and the prospects to regulate energy development from the economic constitution perspective. This study uses a normative juridical method with statutory, historical and conceptual approaches. The results had indicated that such a perspective became an ideal concept to be a basis, reference, and control to the energy regulation in the future. The economic constitution also implied that the economy was built as a shared effort referred to the principle of kinship. Consequently, each of the energy development elements, i.e., policy, management, regulation, and supervision had to be carefully measured for the sake of human’s prosperity. The development and use of renewable energy as the core energy source were strongly consistent with the actualization of economic welfare and safety among the people, which remarked the key to indicating the existence of the economic constitution.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46781843","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 ROLE OF THE GOVERNMENT IN THE PROTECTION OF HEALTH WORKERS DURING THE COVID-19 PANDEMIC COVID-19大流行期间政府在保护卫生工作者方面的作用
Jurnal Pembaharuan Hukum Pub Date : 2022-12-28 DOI: 10.26532/jph.v9i3.29095
Tommy Leonard, E. Pakpahan
{"title":"THE ROLE OF THE GOVERNMENT IN THE PROTECTION OF HEALTH WORKERS DURING THE COVID-19 PANDEMIC","authors":"Tommy Leonard, E. Pakpahan","doi":"10.26532/jph.v9i3.29095","DOIUrl":"https://doi.org/10.26532/jph.v9i3.29095","url":null,"abstract":"This research aims to identify and analyze accountability in protecting the rights of health workers and complement each other in creating a balance of rights and obligations through preventive and repressive efforts. In this paper using normative juridical research methods and analyzed using qualitative data. The resulting research results state that legal protection for the safety of health workers due to the Covid-19 pandemic has not been implemented properly as mandated in laws and regulations, in carrying out the rights of health workers during the Covid-19 pandemic they are still neglected and have not been fulfilled. Therefore, the role and responsibility of the government is urgently needed to fulfill the rights of health workers as the frontline in handling the spread of Covid-19 in Indonesia.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42816769","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: 1
BUILDING AN IDEAL INDUSTRIAL RELATIONSHIP IN INDONESIA POST-DECISION OF THE CONSTITUTIONAL COURT 构建印尼宪法法院判决后的理想产业关系
Jurnal Pembaharuan Hukum Pub Date : 2022-12-27 DOI: 10.26532/jph.v9i3.27467
N. Nuridin, A. Hamzani, M. Taufik, N. Khasanah
{"title":"BUILDING AN IDEAL INDUSTRIAL RELATIONSHIP IN INDONESIA POST-DECISION OF THE CONSTITUTIONAL COURT","authors":"N. Nuridin, A. Hamzani, M. Taufik, N. Khasanah","doi":"10.26532/jph.v9i3.27467","DOIUrl":"https://doi.org/10.26532/jph.v9i3.27467","url":null,"abstract":"The terms of termination of employment due to gross misconduct by workers have been canceled. The ruler can no longer perform unilateral termination of employment. The determination of gross misconduct awaits the verdict of a court that has the force of law remains. The purpose of the study was to review the decision of the working relationship of gross misconduct after the decision of the Constitutional Court and to examine the working relationship between workers and the ideal ruler in the future. This study uses a philosophical approach, which is to examine the working relationships of workers and ideal rulers in the future. The results of this study showed that termination of employment among others because workers make severe mistakes that have the effect of not getting severance money and without any prior warning. The provision has been overturned by the Constitutional Court. Workers who commit gross misconduct must be proven first through criminal proceedings and there is a court ruling that has a fixed legal force. The pattern of worker and employer relationships is expected to create a mutually beneficial working relationship between the two parties in the future. The employment relationship of workers and employers is supposed to be a partnership relationship so that there is no discrimination, intimidation, and exploitation. Industrial relations ideally refers to Pancasila. With the source of Pancasila as a philosophical basis, and the 1945 Constitution all the rules of law governing Industrial Relations as its implementation. With this relationship, it is expected that the nuances of worker and employer relationships in the future can be harmonious, there is a positive syntactic relationship.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42263148","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
MODEL FOR COMPLETING PATIENT RIGHTS TO RISKS INVOLVED IN HEALTH CLINIC BUSINESS 医疗诊所业务中涉及风险的患者权利完善模型
Jurnal Pembaharuan Hukum Pub Date : 2022-12-26 DOI: 10.26532/jph.v9i3.16367
S. Syafruddin
{"title":"MODEL FOR COMPLETING PATIENT RIGHTS TO RISKS INVOLVED IN HEALTH CLINIC BUSINESS","authors":"S. Syafruddin","doi":"10.26532/jph.v9i3.16367","DOIUrl":"https://doi.org/10.26532/jph.v9i3.16367","url":null,"abstract":"Fulfilment of Health is one of the main rights of every citizen. The need for the health sector, making this field one of the profitable businesses in Indonesia, one of which is a health clinic. This study explores and finds a model for fulfilling the patient's right to risk due to the beauty click business. This research is critical, provides legal certainty to patients due to the risks posed by the health clinic business. This research included the concept of doctrinal law research, which emphasizes the legal substance by analyzing legal instruments and related policies. The study results show that the patient is a customer who gets civil and criminal protection based on Article 58 paragraph (1) of Law No. 36/2009 and Article 19 paragraph (2) of Law No. 8/1999. The government or ministry of health should actively evaluate the implementation of a health clinic business to minimize medical risks caused. It means that it looks at the existence of a business license and evaluates it periodically and emphasized in the Minister of Health No. 9/2014. Nevertheless, periodic evaluation and confirmed in the Minister of Health No. 9/2014. However, periodic evaluation and confirmed in the Minister of Health No. 9/2014.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43990217","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 POSITION OF SUPREME COURT REGULATION NUMBER 5 OF 2019 REGARDING GUIDELINES FOR ADDITIONING APPLICATIONS FOR MARRIAGE DISPENSATION POST THE REVISION OF THE MARRIAGE LAW 最高法院2019年第5号法规关于婚姻法修订后增加婚姻豁免申请指南的立场
Jurnal Pembaharuan Hukum Pub Date : 2022-12-20 DOI: 10.26532/jph.v9i3.27683
Ni Nyoman Adi Astiti, Jefry Tarantang
{"title":"THE POSITION OF SUPREME COURT REGULATION NUMBER 5 OF 2019 REGARDING GUIDELINES FOR ADDITIONING APPLICATIONS FOR MARRIAGE DISPENSATION POST THE REVISION OF THE MARRIAGE LAW","authors":"Ni Nyoman Adi Astiti, Jefry Tarantang","doi":"10.26532/jph.v9i3.27683","DOIUrl":"https://doi.org/10.26532/jph.v9i3.27683","url":null,"abstract":"The birth of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage is certainly a legal instrument as a means of achieving justice, certainty and benefits for justice seekers, especially as a condition for marriage under the minimum age limit for marriage after the revision of the marriage law. The purpose of this study is to examine the position of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage. This research uses normative method. The background findings of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trying Marriage Dispensation Applications to complete the legal vacuum after the revision of the Marriage Law in providing a legal umbrella for the process of adjudicating applications for marriage dispensation which so far have not been clearly regulated in laws and regulations. Position of Supreme Court Regulation Number 5 of 2019 Regarding Guidelines for Adjudicating Applications for Marriage Dispensation, judges must ensure that children's statements are heard in court as an effort to prevent violations of children's rights.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48880779","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
“BELI INDONESIA” MOVEMENT AS BREAKTHROUGH TO MANAGE THE PEOPLE'S ECONOMY IN THE MIDDLE OF LEGAL DEADLOCK IN INDONESIA 印尼“贝利”运动是印尼法律僵局中管理人民经济的突破口
Jurnal Pembaharuan Hukum Pub Date : 2022-12-15 DOI: 10.26532/jph.v9i3.27756
Heppy Trenggono
{"title":"“BELI INDONESIA” MOVEMENT AS BREAKTHROUGH TO MANAGE THE PEOPLE'S ECONOMY IN THE MIDDLE OF LEGAL DEADLOCK IN INDONESIA","authors":"Heppy Trenggono","doi":"10.26532/jph.v9i3.27756","DOIUrl":"https://doi.org/10.26532/jph.v9i3.27756","url":null,"abstract":"Beli Indonesia can be said to be a political movement, when viewed from a simple political understanding. Politics builds perceptions in order to gain power. The \"Beli Indonesia\" movement, a purely economic system is not enough to ward off the invasion of foreign products, but a kind of development of positive Indonesian sentiment is needed in all circles. In the midst of the increasingly swift currents of globalization, in the midst of the industrial revolution 4.0 which gave birth to changes in people's economic behavior, in the midst of China's rise which has awakened the awareness of nationalism in the world's nations, we are called to make a real contribution, to contribute to educating the nation. Article 33 of the 1945 Constitution states that the populist economic system is a system for making people sovereign in the economy. The economic system mandated by our constitution is an economic system that involves the widest possible participation of the people, not a monopolistic economic system, not an economic system that accommodates the greed of a few people. Form Beli Indonesia by defending the economy of our own nation's children.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48764048","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
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