Jurnal Pembaharuan Hukum最新文献

{"title":"OUTSOURCING IN EMPLOYMENT LAW REVIEWED BASED ON JUSTICE AND LEGAL CERTAINTY ASPECTS","authors":"Mangaraja Manurung","doi":"10.26532/jph.v9i3.26651","DOIUrl":"https://doi.org/10.26532/jph.v9i3.26651","url":null,"abstract":"Outsourcing is work with the PKWT systems, which are work agreements by companies that can support work at other companies. Before the enactment of the Job Creation Act, there were constraints on the activities of outsourced workers by not being able to do the main work for the company. After the Act's enactment, job creation did not have a job limit for outsourced workers. This study discusses how elements of justice and legal certainty in the law are discussed—employment regarding Outsourcing and How to Outsource after the enactment of the Job Creation Act. This study uses a statute approach to review all laws associated to the problems discussed. This research also applies a normative juridical research method under Indonesia's prevailing rules and regulations.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42135605","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}

{"title":"THE ANALYSIS OF ISLAMIC LAW ON THE NUMBER OF RAKA'AH IN THE TARAWIH PRAYER","authors":"Yahya Zainul Muarif","doi":"10.26532/jph.v9i3.27661","DOIUrl":"https://doi.org/10.26532/jph.v9i3.27661","url":null,"abstract":"In religion everyone has different abilities in carrying it out. What is clear is that no one is perfect in religion except for the Prophet Muhammad Pbuh., no matter how great we are in worship/prayers, we must still have flaws on the other side. This research aims to know the analysis of islamic law on the number of raka'ah in the Tarawih prayer. Likewise in thinking, different people understand or problem solving. However, if the intent is correct and the method is also correct with the correct arguments then it will lead to conclusions that can be considered correct. If the conclusion turns out to be different, intelligent people will easily understand that such a thing is normal in the world of fiqh thinking. This paper used a descriptive qualitative method through several exploratory literature studies. The resulting findings are that the Tarawih prayer in the month of Ramadan is one of the sunnah practices, but there are differences in the number of raka'at. So the conclusion in this differences can be accepted based on argumentatives and clear reasons originating from the arguments of naqli and aqli.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49174157","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}

{"title":"SUPERVISION OF LOCAL PEOPLE'S REPRESENTATIVE BOARDS IN CLEAN LOCAL GOVERNANCE GOVERNANCE","authors":"Mhd. Taufiqurrahman, Muhammad Dias Saktiawan","doi":"10.26532/jph.v9i2.26618","DOIUrl":"https://doi.org/10.26532/jph.v9i2.26618","url":null,"abstract":"The purpose of this study is to find out about the supervision carried out by the Regional House of Representatives, one of which is the performance of the local government apparatus, namely by supervising the Regional Revenue and Expenditure Budget that has been determined and carried out by the regional government apparatus. The approach method used uses a normative juridical approach, the results of the study state that the position of the Regional People's Representative Council in the structure of the Regional Government is as a people's representative institution in the region, and at the same time as an element of regional government administrators. The form of supervision in terms of preventing the occurrence of irregularities in the use of regional budgets is by determining targets and standards for supervision related to concrete matters, for example monitoring and observing the implementation of projects carried out in one fiscal year, and further responding to public complaints against irregularities use of local budgets.  ","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47537017","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}

{"title":"THE LEGAL ANALYSIS AND THE IMPACT OF NOT DELETING OLD DATA IN INFORMATION SYSTEMS OF CREDIT PROGRAM ON KUR FINANCING FOR MICRO, SMALL AND MEDIUM ENTERPRISES","authors":"Andi Aina Ilmih, A. Zulkarnain, Kami Hartono","doi":"10.26532/jph.v9i2.24411","DOIUrl":"https://doi.org/10.26532/jph.v9i2.24411","url":null,"abstract":"This study focuses on the importance of deleting data from the Program Credit Information System for People's Business Credit for MSME customers who have paid off their financing and re-apply for People's Business Credit facilities financing facility assistance from the government, by analyzing legal policies that regulate People's Business Credit facilities financing through Program Credit Information System in Indonesia and knowing the impact of not deleting Program Credit Information System data on People's Business Credit financing for MSME customers in Semarang Syari’ah Banking. This research uses empirical legal research method, with descriptive-analytical method. Based on the research that has been done, the legal arrangements and policies for People's Business Credit financing through Program Credit Information System in Islamic Banking are regulated in the Coordinating Minister for Economic Affairs Regulation Number 2 of 2021 concerning the Second Amendment to the Coordinating Minister for Economic Affairs Regulations Number 8 of 2019 concerning Guidelines for the Implementation of People's Business Credit; and the Coordinating Minister for Economic Affairs Regulations Number 3 of 2021 concerning the Fourth Amendment to the Coordinating Minister for Economic Affairs Regulations Number 6 of 2020 concerning Special Treatment of People's Business Credit facilities during the Covid-19 Pandemic. The impact of not deleting Program Credit Information System data for People's Business Credit financing customers for MSME actors in Islamic Banking includes positive and negative impacts. The positive impact is the existence of a data base for MSME actors as customers of People's Business Credit Financing at Program Credit Information System, becoming a guideline or benchmark for banks in distributing People's Business Credit facilities and the negative impact is the existence of a People's Business Credit financing database for MSME actors who pay off their financing if it is still listed in Program Credit Information System as a digital track record of People's Business Credit financing for SMEs in other Islamic banking and can be an obstacle/obstacle in obtaining People's Business Credit facility assistance from the government.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43642240","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}

{"title":"THE CONSTRUCTION OF THE VICE PRESIDENT'S AUTHORITY IN INDONESIA'S STATEMENT SYSTEM","authors":"Widayati Widayati, S. Kusriyah, Winanto Winanto","doi":"10.26532/jph.v9i2.23920","DOIUrl":"https://doi.org/10.26532/jph.v9i2.23920","url":null,"abstract":"The 1945 Constitution of the Republic of Indonesia stipulates that the President and Vice President are directly elected by the people. The position of the Vice President is at the level below the President. The authority of the Vice President is not clearly and unambiguously regulated in the 1945 Constitution of the Republic of Indonesia or in the laws and regulations below it. As an assistant to the President, the authority of the Vice President is highly dependent on the President. The Vice President's authority will only appear when the President is absent. The authority of the Vice President in Indonesia's constitutional history varies from one to another. For the division of authority between the President and the Vice President, as well as clarity on the authority of the Vice President, it is necessary to have a law regulating the presidential institution. The law on the presidential institution will later serve as the legal basis for the President to share authority with the Vice President. With the division of authority, there will be clarity as to what is the authority of the Vice President, so that when a problem occurs, it can be resolved quickly and thoroughly, without throwing responsibilities at each other. The clarity of the division of authority will also greatly assist the DPR in carrying out its supervisory function, and for the public to assess the performance of the Vice President. ","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44853720","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}

{"title":"THE JURIDICAL REVIEW OF THE IMPLEMENTATION OF SUPREME COURT REGULATION CONCERNING GUIDELINES FOR ADJUDICATING MARRIAGE DISPENSATION","authors":"Trubus Wahyudi, S. Sutrisno","doi":"10.26532/jph.v9i2.23923","DOIUrl":"https://doi.org/10.26532/jph.v9i2.23923","url":null,"abstract":"This reseach aims to know the law enforcement paradigm relating to adjudicating cases of marriage dispensation applications as the implementation of Perma Number 5 of 2019 is part of the litigation task that must be carried out by the judiciary as a form of a case settlement which is a community need for justice seekers for the sake of upholding the law supremacy and justice in Indonesia. Normatively the legal arrangements for the Marriage Dispensation case are Article 7 of Act No. 1 of 1974 concerning Marriage, Act No. 16 of 2019 concerning the First Amendment of Act No. 1 of 1974, Article 7 of the Compilation of Islamic Law, and Regulation of the Supreme Court (PERMA) Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Applications. This study used a sample of several decision objects in certain Religious Courts in the jurisdiction of the Central Java Religious High Court, through a series of research methods with a sociological juridical or Social legal Research, and data collection techniques through interviews and library studies as well as several Religious Court decisions regarding inkracht (permanent) Marriage Dispensation. In this study, aspects of the examination of the Marriage Dispensation case were revealed by the judges in exploring substantive reasons related to the age of children who are not old enough to marry according to the law. The result shown that the implementation of Perma Number 5 of 2019 regarding Guidelines for Adjudicating Marriage Dispensation Applications in Religious Courts can be formulated in the form of a dictum,\"Declaratives” as a court product and what are the legal consequences regarding the stipulation of a Marriage Dispensation by the Court which functions to benefit, justice, and fair legal certainty.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47150927","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}

{"title":"THE RESTITUTION IN HUMAN TRAFFICKING LAW ENFORCEMENT IN RELATION TO VICTIM PROTECTION","authors":"C. Susilowati","doi":"10.26532/jph.v9i2.17550","DOIUrl":"https://doi.org/10.26532/jph.v9i2.17550","url":null,"abstract":"This is a general policy in the form of restitution or compensation from the criminal to the victim of human trafficking crime which becomes a parameter of victim's right fulfilment. The weakness in its formulation leads to lack of firmness of its implementation. In this writing I will make a theoretical study related to restitution law structure for human trafficking victims. This research jurisdically studied about the non-clarity of the policies related to restitution. The method used in this research is law research assisted by library study & evaluation to restitution policy making in human trafficking law enforcement. This research is important because human trafficking is now becoming a trasnational crime which is well structured & sistematically arranged. Human trafficking gives great advantage to the criminal doing it. It is because the victims become a never ending commodity. Some considerations about restitution policy, have negated that human trafficking victims are vulnerable to have a secondary victimization risk. They come face to face with this risk when they deal with the operation of criminal laws, because the law has not fully accomodated the victim's right. That's why we need a legal form in having a victim based approach restitution.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44223405","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}

{"title":"THE URGENCY OF ARRANGEMENT REGARDING ILLICIT ENRICHMENT IN INDONESIA IN ORDER TO ERADICATION OF CORRUPTION CRIMES BY CORPORATIONS","authors":"Hamdan Rampadio, Ana Fauzia, Fathul Hamdani","doi":"10.26532/jph.v9i2.17625","DOIUrl":"https://doi.org/10.26532/jph.v9i2.17625","url":null,"abstract":"Along with the times, the motives or concept of corruption are increasingly complex and growing, as well as the increasing number of transnational crimes, it makes the world need regulations regarding illicit enrichment in legal products at the level of law to allow the imposition of legal sanctions for these crimes, including Indonesia. The purpose of this study is to provide an overview of the practice of illicit enrichment in Indonesia and its comparison with other countries, as well as an analysis of the urgency of regulating illicit enrichment in Indonesian law as one of the most important norms in efforts to eradicate corruption in Indonesia. In this study, the method used is normative juridical using a statutory, conceptual and case approach. From the results of the study, an idea that is presented in efforts to develop and reform law in Indonesia, namely in the context of eradicating corruption. This idea is discussed in more depth through a number of concrete cases that have been processed in Indonesia which shows that if we have illicit enrichment norms, the handling of these cases will be maximized. Through this regulation related to illicit enrichment, of course, it can prevent public officials (corporations) from committing corruption, minimizing initiatives to do business or other activities that are full of conflicts of interest (with their positions).","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49066618","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}

{"title":"A REVITALIZATION OF IJMAK TOWARDS FORMATION CONTEXTUAL OF ISLAMIC LEGAL THEORY","authors":"Zayad Abd. Rahman, Ilham Tohari","doi":"10.26532/jph.v9i2.23329","DOIUrl":"https://doi.org/10.26532/jph.v9i2.23329","url":null,"abstract":"Ijmak, which today is defined as the consensus of the mujtahid of the whole world and occupies the third position in the hierarchy of sources of Islamic law, is not widely used by scholars. Ijmak with this kind of definition is certainly impractical and tends to be idealistic. Because it is impossible to reach a unanimous agreement regarding the furu'iyyah matter, it has become a matter of fact that differences of views are necessary. This research seeks to unearth ijmak artifacts in their historical development to find a true definition of ijmak. This study concluded that ijmak in the early era of its appearance was not the same ijmak as today. The old ijmak—in the era of Caliph Abu Bakr—with today's ijmak seems to have diametrical differences. Ijmak used to be democratic in tone (all people can have faith), open to criticism, and flexible in change. Whereas today the ijmak becomes the authority of the mujtahid, closed to criticism, and rigid. Even opposing the valid ijmak is considered a form of fussiness. In the context of Indonesianness, ijmak is synonymous with local wisdom that develops in the community. One example: polygamy is a taboo in Indonesian society, although Islamic law and state law it does not prohibit it.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45808609","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}

{"title":"NEW STRATEGY JAPANESE MILITARY IN THE ASIA PACIFIC REGION AND THE IMPACT ON INTERNATIONAL SECURITY STABILITY","authors":"Watanabe Yazuru","doi":"10.26532/jph.v9i2.23803","DOIUrl":"https://doi.org/10.26532/jph.v9i2.23803","url":null,"abstract":"The purpose of this study was to determine the new Japanese military strategy in the Asia Pacific region and its impact on international security stability. The South China Sea conflict is one of the major conflicts for the Southeast Asia region and also the Asia Pacific region. Japan has a role in supporting countries involved in the conflict such as Vietnam. Japan promised Vietnam six patrol boats during Prime Minister Abe's visit to Southeast Asia.The approach used in this research is a qualitative approach and the type of research carried out is descriptive by explaining certain phenomena systematically, actually and accurately regarding facts, characteristics, and relationships. The patrol boat is aimed at enhancing Vietnam's capability in maritime law enforcement related to the South China Sea conflict. Japan, which is Vietnam's biggest foreign investor after South Korea, has no territorial claims in the South China Sea conflict. The South China Sea region has a big role in geopolitics because it is a meeting point between China and countries within the Association of Southeast Asian Nations (ASEAN) in terms of territory, security, natural resources and energy security. Disputes in the region include territorial sovereignty and maritime sovereignty. The South China Sea area consists of, among others, several small islands that are widely distributed, but there are two groups of islands that are much contested, namely the Spratly Islands and the Paracels. In addition, the South China Sea area is an important shipping lane and is often referred to as the maritime superhighway because it is one of the busiest international shipping lanes in the world.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47242638","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}