Garuda - Garba Rujukan Digital

ILMU NEGARA DAN PENGANTAR HUKUM INDONESIA: NEGARA HUKUM PANCASILA SEBAGAI JEMBATAN KONSEPTUAL DALAM PEMBENTUKAN KESADARAN HUKUM NASIONAL Irza Ahmad Firdany
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study examines the relationship between State Science as a theoretical discipline on the nature and form of the state, and Introduction to Indonesian Law (PHI) as a discipline that contextually introduces the national positive legal system to law students. PHI differs fundamentally from Introduction to Legal Studies (PIH) which is universal in nature: PHI specifically addresses the legal system operative in Indonesia with its three normative layers, state law, customary law, and religious law, a configuration not found in equivalent form elsewhere. This study argues that the relationship between State Science and PHI is historical contextual: to understand why PHI takes its plural form, students must understand how Indonesia as a state was constituted, a process of formation that constitutes the core material of State Science. Normative legal research methodology is employed with historical, conceptual, and statutory approaches. The study finds that the concept of the Pancasila rechtsstaat constitutes the strongest conceptual bridge between State Science and PHI, and that Indonesian legal pluralism can only be fully understood within the framework of political-legal choices made at the time of state formation. The study recommends a pedagogical approach that explicitly integrates Indonesian constitutional history into PHI. Keywords: State Science, Introduction to Indonesian Law, Pancasila Rechtsstaat, Legal Pluralism, Indonesian Legal History

HUKUM ACARA PERADILAN PIDANA SERANGKAIAN ATURAN DAN PROSEDUR YANG MENGATUR PENEGAKAN HUKUM TERKAIT TINDAK PIDANA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Criminal procedural law is a set of rules and procedures governing the enforcement of criminal acts within the criminal justice system. Through criminal procedural law, the process of handling criminal cases is carried out in a structured manner, starting from the stages of inquiry, investigation, prosecution, examination in court, and implementation of court decisions. The existence of criminal procedural law aims to ensure that the law enforcement process runs in accordance with the principles of justice, legal certainty, and protection of human rights for all parties involved in criminal cases. This study aims to analyze the definition of criminal procedural law, its objectives and functions, the principles underlying its implementation, and the parties involved in the criminal justice process. In addition, this study also discusses the stages of the implementation of the criminal procedural process, the types of evidence used in criminal cases, and the differences between criminal procedural law and civil procedural law. The research method used is normative legal research with a statutory approach and a conceptual approach through literature studies of various relevant legal sources. The results of the study indicate that criminal procedural law plays an important role in systematically regulating law enforcement mechanisms and ensuring the implementation of a fair and transparent judicial process. With clear procedural rules, criminal procedure law can protect the rights of suspects, defendants, and victims, while also assisting law enforcement officials in objectively and responsibly establishing the material truth in a criminal case. Keywords: Keywords: criminal procedure law, criminal justice process, principles of criminal law, evidence, criminal justice system..

ANALISIS PERBANDINGAN HAK KEBENDAAN DAN HAK PERORANGAN DALAM SISTEM HUKUM PERDATA INDONESIA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Property rights and individual rights are two important concepts in the civil law system that have different characteristics, principles, and legal consequences. Both types of rights are systematically regulated in the Civil Code, specifically in Book II, which regulates property and property rights, and Book III, which regulates obligations. This article aims to analyze the definitions, characteristics, and legal principles underlying property rights and individual rights, while also examining the differences between the two in terms of subject, object, nature of rights, and mechanisms for their transfer and legal protection. This research uses a normative legal approach by examining statutory provisions, legal doctrine, and relevant literature. The results show that property rights grant direct power to the rights holder over an object and can be defended against anyone (absolute). These rights are also subject to the principles of priority and droit de suite, which allow the rights to follow the object in the hands of anyone who holds the object. In contrast, individual rights are relative because they only apply between parties bound by a legal relationship or agreement. These differences are also evident in the mechanisms for the transfer of rights and the form of legal protection. Therefore, property rights have broader legal force than individual rights in the civil law system. Keywords: property rights, individual rights, civil law, Civil Code, contracts, property law

HUKUM ACARA PERADILAN TATA USAHA NEGARA (Kewenangan Peradilan Tata Usaha Negara Serta Subjek Dan Objek PTUN di Indonsesia) MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

ABSTRACT The State Administrative Court (PTUN) is a judicial institution that plays an important role in the Indonesian legal system, particularly in resolving disputes between citizens or civil legal entities and state administrative bodies or officials. The existence of the PTUN aims to provide legal protection to the public against government administrative actions or decisions that are considered detrimental and to realize government administration based on the principles of the rule of law. This study aims to analyze the authority of the State Administrative Court in Indonesia and examine the subjects and objects within the scope of the PTUN's authority. The research method used is normative legal research with a statutory approach and a conceptual approach. The sources of legal materials used include primary legal materials in the form of laws and regulations related to the State Administrative Court and secondary legal materials in the form of books, journals, and relevant legal literature. The results of the study indicate that the PTUN's authority is basically to examine, decide, and resolve state administrative disputes arising from the issuance of State Administrative Decisions by state administrative bodies or officials. The subjects in a PTUN dispute consist of the plaintiff, namely the injured person or civil legal entity, and the defendant, namely the state administrative body or official who issued the decision. The object of the PTUN dispute is the State Administrative Decision which is concrete, individual, and final and has legal consequences for the individual or civil legal entity. Thus, the existence of the PTUN plays a crucial role in ensuring legal protection for the public and overseeing government administrative actions to ensure they remain in accordance with applicable legal principles. Keywords: State Administrative Court, PTUN authority, PTUN subject, PTUN object, state administrative dispute

USULAN ATAU RANCANGAN ATURAN YANG MENGATUR TATA CARA DI PENGADILAN AGAMA MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 6 (2026): Volume 10 No 6 2026
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Religious court procedural law is a set of rules governing the procedures for resolving cases within the religious courts. These rules serve as guidelines for the parties, judges, and court officials in conducting the judicial process in an orderly, fair manner, and in accordance with applicable legal provisions. This article aims to examine the definition of religious court procedural law, its underlying principles, and the purpose and function of such procedural law in judicial practice. This research uses a normative legal approach by examining various provisions of laws and regulations and literature related to religious court procedural law. The results of the study indicate that religious courts are one of the legitimate judicial institutions within the national judicial system, authorized to examine, decide, and resolve certain cases for the Muslim community. The establishment and authority of this institution are regulated in the Religious Courts Law and its amendments. In practice, the case resolution process in religious courts begins with case registration through the clerk's office, an examination of administrative completeness, and the appointment of a panel of judges by the chief justice to examine and adjudicate the case. With the existence of religious court procedural law, it is hoped that the case resolution process will be effective, transparent, and provide legal certainty for those seeking justice. Keywords: religious court procedural law, religious courts, principles of justice, litigation process, Indonesian judicial system

HAK ATAS TANAH USULAN TERTULIS YANG DIAJUKAN UNTUK MEMPEROLEH HAK ATAS SEBIDANG TANAH MOCH. DODIK MUNAWIR; NANDHIRZA IZAL ADIARA; IMAM FAYRUS ZABADI; IRZA AHMAD FIRDANY
Jurnal HUKUM BISNIS Vol 10 No 7 (2026): Volume 10 No 7 2026
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Land rights are a crucial aspect of Indonesia's agrarian legal system because they directly relate to the utilization of natural resources and provide legal certainty for the community. Regulations regarding land rights in Indonesia are primarily based on the Basic Agrarian Law, which serves as the legal basis for land control, ownership, and use. This article aims to examine the types of land rights and the mechanisms for acquiring land rights through written proposals submitted to the authorities. The research method used is normative legal research with a statutory and conceptual approach. The results of the study indicate that land rights regulated in Indonesia's agrarian legal system consist of permanent rights and temporary rights. Permanent rights include ownership rights, land use rights, building use rights, use rights, lease rights, land clearing rights, and forest product collection rights as stipulated in Article 16 of the UUPA. In addition, there are also temporary rights such as mortgage rights, profit-sharing business rights, easement rights, and agricultural land lease rights as stipulated in Article 53 of the UUPA. Thus, regulations regarding land rights provide a clear legal framework for individuals and legal entities to acquire and utilize land in accordance with applicable laws and regulations. Keywords: Land rights, agrarian law, UUPA, acquisition of land rights, Indonesian land law

Title

Found 6 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 6 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 6 Documents
Search