The 21st century has progressed further. As in Indonesia, currently, the development of technology is increasingly rapid. This certainly affects aspects of social life in society and its security. Today's threats are not only enemies in the military, but also non-military. Among them are the threats faced by internet users, the penetration rate shows a high cumulation, opening up opportunities for the emergence of cyber-based crimes. The development of infrastructure is in line with the development of technology. Increasingly sophisticated technology is not only used by the community for positive things. However, not a few are taking advantage of technological sophistication to reap benefits that result in losses for technology users themselves. This study aims to research, examine how legal protection for children from cybercrime. In this case, children become vulnerable to cybercrime in digital era. Why is that? Considering that the control for internet access, as well as legal products in Indonesia, cannot yet fully guarantee protection for victims of cybercrime. The method used in this research is to use the descriptive analysis approach. Assessing and analyzing legal protection for children from cybercrime based on legal theories and applicable laws and regulations. Besides, it also reveals the phenomena of the current situation in the community.
{"title":"ASPECTS OF LEGAL PROTECTION FOR CHILDREN FROM CYBERCRIME","authors":"Ida Musofiana, A. Sudarmaji, I. Maerani","doi":"10.26532/JPH.V7I3.12820","DOIUrl":"https://doi.org/10.26532/JPH.V7I3.12820","url":null,"abstract":"The 21st century has progressed further. As in Indonesia, currently, the development of technology is increasingly rapid. This certainly affects aspects of social life in society and its security. Today's threats are not only enemies in the military, but also non-military. Among them are the threats faced by internet users, the penetration rate shows a high cumulation, opening up opportunities for the emergence of cyber-based crimes. The development of infrastructure is in line with the development of technology. Increasingly sophisticated technology is not only used by the community for positive things. However, not a few are taking advantage of technological sophistication to reap benefits that result in losses for technology users themselves. This study aims to research, examine how legal protection for children from cybercrime. In this case, children become vulnerable to cybercrime in digital era. Why is that? Considering that the control for internet access, as well as legal products in Indonesia, cannot yet fully guarantee protection for victims of cybercrime. The method used in this research is to use the descriptive analysis approach. Assessing and analyzing legal protection for children from cybercrime based on legal theories and applicable laws and regulations. Besides, it also reveals the phenomena of the current situation in the community.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45778893","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}
Sholahuddin Al-Fatih, Fachry Ahsany, Ahmad Faiz Alamsyah
Since the Coronavirus Disease 2019 (Covid-19) pandemic in Indonesia, which continues to grow and has an impact, not a few companies have gone bankrupt. Whether it's a small company, a medium-sized company or even a large corporation are affected by the Coronavirus Disease 2019 (Covid-19). This paper aims to find legal issues on labor right during Covid-19 pandemic in Indonesia. Using the normative legal research, this paper analyzess some of regulation and legal government act to protect labor right who terminated (Pemutusan Hubungan Kerja/PHK) during Covid-19 pandemic. In the end, this paper finds that the government issued two program to solve PHK and protect labor rights, namely Pre-Works Card and Cash Incentive Program (Bantuan Langsung Tunai/BLT). It actively helps employee to create a new job and continue their daily life.
自2019冠状病毒病（新冠肺炎）在印度尼西亚持续增长并产生影响以来，没有几家公司破产。无论是小公司、中型公司还是大公司，都会受到2019冠状病毒病（新冠肺炎）的影响。本文旨在探讨新冠肺炎疫情期间印尼劳工权利的法律问题。本文运用规范的法律研究方法，分析了新冠肺炎疫情期间终止劳动权利的一些法规和政府法律行为（Pemutusan Hubungan Kerja/PHK）。最后，本文发现政府出台了两项解决PHK和保护劳工权利的计划，即预工作卡和现金激励计划（Bantuan Langsung Tunai/BLT）。它积极帮助员工创造一份新工作并继续他们的日常生活。
{"title":"LEGAL PROTECTION OF LABOR RIGHTS DURING THE CORONAVIRUS DISEASE 2019 (COVID-19) PANDEMIC","authors":"Sholahuddin Al-Fatih, Fachry Ahsany, Ahmad Faiz Alamsyah","doi":"10.26532/jph.v7i2.10975","DOIUrl":"https://doi.org/10.26532/jph.v7i2.10975","url":null,"abstract":"Since the Coronavirus Disease 2019 (Covid-19) pandemic in Indonesia, which continues to grow and has an impact, not a few companies have gone bankrupt. Whether it's a small company, a medium-sized company or even a large corporation are affected by the Coronavirus Disease 2019 (Covid-19). This paper aims to find legal issues on labor right during Covid-19 pandemic in Indonesia. Using the normative legal research, this paper analyzess some of regulation and legal government act to protect labor right who terminated (Pemutusan Hubungan Kerja/PHK) during Covid-19 pandemic. In the end, this paper finds that the government issued two program to solve PHK and protect labor rights, namely Pre-Works Card and Cash Incentive Program (Bantuan Langsung Tunai/BLT). It actively helps employee to create a new job and continue their daily life.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43176705","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}
Technological progress and the presence of globalization in third world countries including Indonesia has a variety of consequences, this includes the negative impact of increasing cybercrime in Indonesia. Increasing cybercrime in the community with a variety of increasingly sophisticated modus operandi, in reality, is not balanced by the existence of a comprehensive legal umbrella, and also the absence of adequate facilities and pre-facilities is a separate issue in the enforcement of cybercrime cases in a dynamic society. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. so it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and pre-facilities related to law enforcement in cybercrime. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. So it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and facilities related to law enforcement in cybercrime.
{"title":"REFORMATION OF LAW ENFORCEMENT OF CYBER CRIME IN INDONESIA","authors":"Bambang Tri Bawono","doi":"10.26532/jph.v6i3.9633","DOIUrl":"https://doi.org/10.26532/jph.v6i3.9633","url":null,"abstract":"Technological progress and the presence of globalization in third world countries including Indonesia has a variety of consequences, this includes the negative impact of increasing cybercrime in Indonesia. Increasing cybercrime in the community with a variety of increasingly sophisticated modus operandi, in reality, is not balanced by the existence of a comprehensive legal umbrella, and also the absence of adequate facilities and pre-facilities is a separate issue in the enforcement of cybercrime cases in a dynamic society. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. so it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and pre-facilities related to law enforcement in cybercrime. Enforcement weaknesses are the lack of human resources of investigators who understand cybercrime and the lack of means and pre-law enforcement facilities in cybercrime. So it is necessary to increase the HR of the relevant law enforcers as well as the improvement of facilities and facilities related to law enforcement in cybercrime.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43897353","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}
The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.
{"title":"REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION","authors":"Rakhmat Bowo Suharto","doi":"10.26532/jph.v6i3.9531","DOIUrl":"https://doi.org/10.26532/jph.v6i3.9531","url":null,"abstract":"The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42287996","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}
The objective of this study are: First, to find the reasoning behind changes in offenses in the Copyright Law number 28 /2014. Second, reviewing the impact of offense changes and their influence on the enforcement of copyright in Indonesia. This study uses a normative juridical method. Normative legal research is carried out through qualitative descriptive. While the legal material is collected, sorted and subsequently studied and analyzed for content, to obtain the level of synchronization, the feasibility of norms, and the submission of new normative ideas.The results of this study are that the complaint offense in the 2014 Copyright Law is suitable considering that copyright is something unformed. When a complaint is imposed, the copyright owner must know the details of the object of his creation. The impact of the offense change has become a crucial factor in the enforcement of copyright law in Indonesia. Given that so far the application of normal offenses seems to be running in place because law enforcers become passive and with complaints offense, all stakeholders can protect the copyright of the creator.
{"title":"JURIDICAL REVIEW OF SHIFTED OFFENSE IN COPYRIGHT LAW NUMBER 28 /2014","authors":"Yati Nurhayati, Ifrani Ifrani","doi":"10.26532/jph.v6i3.4458","DOIUrl":"https://doi.org/10.26532/jph.v6i3.4458","url":null,"abstract":"The objective of this study are: First, to find the reasoning behind changes in offenses in the Copyright Law number 28 /2014. Second, reviewing the impact of offense changes and their influence on the enforcement of copyright in Indonesia. This study uses a normative juridical method. Normative legal research is carried out through qualitative descriptive. While the legal material is collected, sorted and subsequently studied and analyzed for content, to obtain the level of synchronization, the feasibility of norms, and the submission of new normative ideas.The results of this study are that the complaint offense in the 2014 Copyright Law is suitable considering that copyright is something unformed. When a complaint is imposed, the copyright owner must know the details of the object of his creation. The impact of the offense change has become a crucial factor in the enforcement of copyright law in Indonesia. Given that so far the application of normal offenses seems to be running in place because law enforcers become passive and with complaints offense, all stakeholders can protect the copyright of the creator.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41946550","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}
ABSTRACTBali Provincial Regulation Number 3 of 2001 which has been amended by Bali Provincial Regulation number 3 of 2003 concerning Desa Pakraman article 9 paragraph (5) explicitly states that land owned by Pakraman village of Bali cannot be certified in the personal name and Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights designates the pakraman village as the subject of joint ownership rights. This brings polemic related to the existence of the village Druwe's land rights. Then the focus of this research is whether the conversion of Druwe Village Rights Into Property Rights According to Article II Provisions for Conversion of the Basic Agrarian Law (UUPA) is in accordance with the law. How should the conversion of Druwe Desa rights to land rights according to the LoGA. as for the research methods used Normative law research (normative law research). The approach used. Statute Approach and Historical Approach. The results of this study are found. Conversion of Village Druwe Rights to Property Rights According to Article II, the Conversion Provisions for the Basic Agrarian Law (UUPA) are not in accordance with the law, because the rights of village druwe with ownership rights do not have in common or similarities either with respect to the subject of the holder of his land rights or the authority of the holder of his right, so that conversions cannot be carried out. This is reinforced by article 9 paragraph (5) of the Regional Regulation of the Province of Bali Number 3 of 2001 which has been amended by the Regional Regulation of the Province of Bali number 3 of 2003 concerning Desa Pakraman regarding land owned by the village of pakraman in Bali cannot be certified in the personal name and the Decree of the Minister of Agrarian Affairs Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights.
摘要巴厘省2001年第3号条例经2003年关于Desa Pakraman的第3号条例修订，第9条第(5)款明确规定，巴厘Pakraman村所有的土地不能以个人名义和农业事务和空间规划部长/国家土地局局长第276号/ Kep-19号法令进行认证。2 / X / 2017号关于任命巴厘省Pakraman村为共同所有权主体的文件，指定Pakraman村为共同所有权主体。这就引发了与村庄德鲁威土地权是否存在有关的争论。那么本文研究的重点是，根据《基本土地法》第二条的转换规定，将德鲁威村权转换为财产权是否符合法律规定。如何根据《土地契约》将德鲁威德萨权利转换为土地权。在研究方法上，运用了规范性法研究(Normative law research)。使用的方法。法规方法和历史方法。本研究的结果被发现。《基本土地法》第二条认为，具有所有权的村姑权利在土地权利人的主体和权利人的权限上没有共同或相似之处，因此村姑权利向财产权的转换不符合法律规定。2001年《巴厘省第3号地区条例》第9条第(5)款加强了这一点，2003年《巴厘省第3号地区条例》对关于巴厘Pakraman村拥有的土地不能以个人名义证明的Desa Pakraman，以及农业事务空间规划部长/国家土地局局长第276号/ Kep-19号法令进行了修订。2 / X / 2017关于任命巴厘省Pakraman村为公有所有权主体的决议。
{"title":"CONVERSION OF VILLAGE DRUWE RIGHTS BECAME PROPRIETARY RIGHTS ACCORDING TO ARTICLE II PROVISIONS ON THE CONVERSION OF AGRARIAN LAWS (UUPA)","authors":"Nonik Latifah","doi":"10.26532/jph.v6i3.10872","DOIUrl":"https://doi.org/10.26532/jph.v6i3.10872","url":null,"abstract":"ABSTRACTBali Provincial Regulation Number 3 of 2001 which has been amended by Bali Provincial Regulation number 3 of 2003 concerning Desa Pakraman article 9 paragraph (5) explicitly states that land owned by Pakraman village of Bali cannot be certified in the personal name and Decree of the Minister of Agrarian Affairs and Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights designates the pakraman village as the subject of joint ownership rights. This brings polemic related to the existence of the village Druwe's land rights. Then the focus of this research is whether the conversion of Druwe Village Rights Into Property Rights According to Article II Provisions for Conversion of the Basic Agrarian Law (UUPA) is in accordance with the law. How should the conversion of Druwe Desa rights to land rights according to the LoGA. as for the research methods used Normative law research (normative law research). The approach used. Statute Approach and Historical Approach. The results of this study are found. Conversion of Village Druwe Rights to Property Rights According to Article II, the Conversion Provisions for the Basic Agrarian Law (UUPA) are not in accordance with the law, because the rights of village druwe with ownership rights do not have in common or similarities either with respect to the subject of the holder of his land rights or the authority of the holder of his right, so that conversions cannot be carried out. This is reinforced by article 9 paragraph (5) of the Regional Regulation of the Province of Bali Number 3 of 2001 which has been amended by the Regional Regulation of the Province of Bali number 3 of 2003 concerning Desa Pakraman regarding land owned by the village of pakraman in Bali cannot be certified in the personal name and the Decree of the Minister of Agrarian Affairs Spatial Planning / Head of National Land Agency Number 276 / Kep-19. 2 / X / 2017 concerning the appointment of Pakraman Village in the province of Bali as the subject of communal ownership rights.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41879514","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}
Adoption is governed by Law No. 23 of 2002 dated 22nd of Oct. 2002 concerning Child Protection; Decree of Minister of Social Affairs No. 44/HUK/1997 dated 31st of July 1997 concerning Fostering of ChildrenWelfare through Adoption; Decree of Minister of Social Affairs No. 2/HUK/1995 dated 25th of Jan. 1995 concerning Completion of Attachment of Decree ofMinister of Social Affairs No. 13/HUK/1993 concerning Implementation of Adoption; Supreme Court Circular Letter No. 2 of 1979 dated 7th of Apr. 1979concerning Adoption; and Supreme Court Circular Letter No. 6 of 1983 dated 30th of Sept. 1983 concerning Completion of Supreme Court Circular Letter No. 2 of 1979 concerning Adoption. An adoption is a legal act that distracts a child from the environment of its parents, legal guardian, or other people responsiblefor the care, education, and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoptionamong Indonesian citizens and foreigners. However, what is the legal consequences arising from the removal of the child? Is the adopted child could inherit fromtheir foster parents or not? Or is there a way to pass down an inheritance to adopted children who allowed the legislation? Therefore, this article will discuss.
{"title":"ADOPTED FOREIGNERS INHERITANCE BY INDONESIAN CITIZEN","authors":"O. A. Victoria, Muhammet Ebuzer Ersoy","doi":"10.30659/SANLAR.1.2.82","DOIUrl":"https://doi.org/10.30659/SANLAR.1.2.82","url":null,"abstract":"Adoption is governed by Law No. 23 of 2002 dated 22nd of Oct. 2002 concerning Child Protection; Decree of Minister of Social Affairs No. 44/HUK/1997 dated 31st of July 1997 concerning Fostering of ChildrenWelfare through Adoption; Decree of Minister of Social Affairs No. 2/HUK/1995 dated 25th of Jan. 1995 concerning Completion of Attachment of Decree ofMinister of Social Affairs No. 13/HUK/1993 concerning Implementation of Adoption; Supreme Court Circular Letter No. 2 of 1979 dated 7th of Apr. 1979concerning Adoption; and Supreme Court Circular Letter No. 6 of 1983 dated 30th of Sept. 1983 concerning Completion of Supreme Court Circular Letter No. 2 of 1979 concerning Adoption. An adoption is a legal act that distracts a child from the environment of its parents, legal guardian, or other people responsiblefor the care, education, and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoptionamong Indonesian citizens and foreigners. However, what is the legal consequences arising from the removal of the child? Is the adopted child could inherit fromtheir foster parents or not? Or is there a way to pass down an inheritance to adopted children who allowed the legislation? Therefore, this article will discuss.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44265304","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}
International law, also known as public international law and law of the nation is the set of rules, norms, and standards generally accepted in relations between nations. The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of lawrecognized by most national legal systems. Human Rights are the basic rights and freedoms to which all human beings are entitled, like civil and politicalrights, the right to life and liberty, freedom of thought and speech/expression, equality before the law, social, cultural and economic rights, the right to food,the right to work, and the right to education. In short, human rights are freedoms established by custom or international agreements that protect the interests of humans and the conduct of governments in every nation. Human rights are distinct from civil liberties, which are freedoms established by the lawof a particular state and applied by that state in its own jurisdiction. Human rights laws have been defined by international conventions, by treaties, and by organizations, particularly the United Nations. These laws prohibit practices such as torture, slavery, summary execution without trial, and arbitrarydetention or exile.
{"title":"INTERNATIONAL LAW INTERNATIONS AND HUMAN RIGHTS","authors":"Saleh Raed Shatat","doi":"10.26532/jph.v6i2.9259","DOIUrl":"https://doi.org/10.26532/jph.v6i2.9259","url":null,"abstract":"International law, also known as public international law and law of the nation is the set of rules, norms, and standards generally accepted in relations between nations. The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of lawrecognized by most national legal systems. Human Rights are the basic rights and freedoms to which all human beings are entitled, like civil and politicalrights, the right to life and liberty, freedom of thought and speech/expression, equality before the law, social, cultural and economic rights, the right to food,the right to work, and the right to education. In short, human rights are freedoms established by custom or international agreements that protect the interests of humans and the conduct of governments in every nation. Human rights are distinct from civil liberties, which are freedoms established by the lawof a particular state and applied by that state in its own jurisdiction. Human rights laws have been defined by international conventions, by treaties, and by organizations, particularly the United Nations. These laws prohibit practices such as torture, slavery, summary execution without trial, and arbitrarydetention or exile.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46090386","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}
Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).
{"title":"DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW","authors":"Peni Rinda","doi":"10.26532/JPH.V6I1.4672","DOIUrl":"https://doi.org/10.26532/JPH.V6I1.4672","url":null,"abstract":"Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, \u0000This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. \u0000The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42093383","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}
Islamic Inheritance Law basically applies to all Muslims in the world. But in fact, a true Muslim society must obey Mawaris jurisprudence is actually more leave even forget this science. Because it is no longer a concern for Muslims, finally arose some disputes between families which is really due to the neglect of science faraidh which has been arranged by God for the benefit of his people. It is important for the writer to contribute how to build awareness of the existence of Muslim faraidh science in the division of inheritance system. In this study, the method used to address the problem is normative. Methods of data collection in this research is done by: Library Researchand Field Research. The analytical methods used this research is qualitative analysis method. Awareness of the importance of the science of inheritance can be grown in a way memperlajari faraidh science. By studying faraidh will automatically raise awareness faraidh to apply science in the division of the inheritance. The author argues that this faraidh science should be included in a curriculum in Madrasah Diniyyah. The principle of peace is a justifiable manner, so that the atmosphere can be established brotherhood. Throughout the peace was not meant to proscribe lawful or justify the unlawful, then it is allowed. The author thinks that the lack of public knowledge about the law faraidh a major cause of the low awareness of the use of science in the division of islamic inheritance/faraidh.
{"title":"MUSLIM AWARENESS IN SCIENCE OF FARAIDH SYSTEMS","authors":"Khifni kafa Rufaida","doi":"10.26532/JPH.V6I1.4362","DOIUrl":"https://doi.org/10.26532/JPH.V6I1.4362","url":null,"abstract":"Islamic Inheritance Law basically applies to all Muslims in the world. But in fact, a true Muslim society must obey Mawaris jurisprudence is actually more leave even forget this science. Because it is no longer a concern for Muslims, finally arose some disputes between families which is really due to the neglect of science faraidh which has been arranged by God for the benefit of his people. It is important for the writer to contribute how to build awareness of the existence of Muslim faraidh science in the division of inheritance system. In this study, the method used to address the problem is normative. Methods of data collection in this research is done by: Library Researchand Field Research. The analytical methods used this research is qualitative analysis method. Awareness of the importance of the science of inheritance can be grown in a way memperlajari faraidh science. By studying faraidh will automatically raise awareness faraidh to apply science in the division of the inheritance. The author argues that this faraidh science should be included in a curriculum in Madrasah Diniyyah. The principle of peace is a justifiable manner, so that the atmosphere can be established brotherhood. Throughout the peace was not meant to proscribe lawful or justify the unlawful, then it is allowed. The author thinks that the lack of public knowledge about the law faraidh a major cause of the low awareness of the use of science in the division of islamic inheritance/faraidh.","PeriodicalId":34168,"journal":{"name":"Jurnal Pembaharuan Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43385204","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}
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