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Journal : Unes Law Review

TINJAUAN HUKUM PENJATUHAN SANKSI ADAT TERHADAP PEMBURUAN DAGING PENYU SEBAGAI SATWA YANG DILINDUNGI (STUDI KASUS KECAMATAN PULAU BANYAK) Khatijah, Siti; Trisna, Nila
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.619

Abstract

Article 21 paragraph 2 of law number 5 of 1990 concerning living natural resources and their ecosystems. Violation of the provisions of article 21 paragraph 2 is regulated in article 40 of law number 5 of 1990. However, the reality that occurred in the Pulau Banyak sub-district was resolved through customary law that grew within the community and the community still violates the provisions of customary law that exist in society. The type of research method is empirical juridical using primary data through interview data, literature study of written materials such as books and documents. The results of this study say that in the Pulau Banyak District area there are still violations of customary law provisions that live in the community, so that people still violate customary law regarding turtle protection. Based on the case of turtle meat hunting, customary law cannot provide a definite resolution, so it is contrary to the law, therefore it must be resolved through positive law.
PERLINDUNGAN KONSUMEN TERHADAP PENGGUNA PRODUK KOSMETIK YANG MENGANDUNG BAHAN BERBAHAYA (STUDI KASUS PEREDARAN PRODUK KOSMETIK BAHAN BERBAHAYA DI KECAMATAN ULEE KARENG KOTA BANDA ACEH) Sari, Herni Ayu; Trisna, Nila
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.649

Abstract

This study aims to determine consumer protection against the circulation of cosmetics containing hazardous materials in Ulee Kareng District, Banda Aceh City. To find out how to protect consumers against the use of cosmetic products containing dangerous ingredients in Ulee Kareng sub-district, Banda Aceh city and efforts to resolve disputes against consumers as a result of the use of cosmetics containing hazardous ingredients. This research was conducted to collect data at the BPOM Aceh office and YAPKA using interviews and documentation techniques. The data analysis method used is descriptive in nature, which requires direct interviews and documentation by analyzing data related to research. The results of the study show that legal protection for consumers for the distribution of cosmetics containing hazardous ingredients to the detriment of consumers is carried out by each element involved based on Law No. 8 of 1999 concerning Consumer Protection and BPOM RI Regulation No. HK.00.05.4.17.45 concerning Cosmetics. There are 2 responsibilities for business actors for the circulation of cosmetics that harm consumers, namely first in the form of administration, namely compensation in the form of refunds and second in the form of punishment, namely confinement or imprisonment.
PENOLAKAN DISPENSASI NIKAH DAN AKIBAT HUKUMNYA (STUDI KASUS PUTUSAN NOMOR 70/PDT.P/2022/MS.TTN) Berutu, Junaidi; Trisna, Nila
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.650

Abstract

An application for a marriage dispensation is submitted in order to protect the honor of the family from any behavior that deviates from religious values ​​and applicable legal norms. To avoid greater harm, underage marriage is often the solution to solving problems faced by teenagers who are pregnant out of wedlock. Adjusting to the Marriage Law Number 16 of 2019 concerning Marriage, it explains the age limits for the prospective bride and groom if they wish to enter into a marriage, namely that the prospective husband is at least 19 years old and the prospective wife is at least 19 years old. The Tapaktuan Syar'iyah Court is one of the judicial institutions that has the authority to handle and grant marriage dispensation permits. In 2022 there was one application for marriage dispensation which was rejected by the Tapaktuan Syar'iyah Court, namely determination number: 70/pdt.p/2022/Ms.Ttn. This application was filed by an applicant whose child is 18 years and 10 months old. The applicant wants to marry off his son because he has had a lover for a long time so that there are no undesirable events, so the applicant submits a marriage dispensation to the Tapaktuan Syar'iyah Court. “The authors are interested in researching the stipulation of marriage dispensation Number: 70/pdt.p/2022/Ms because the application was rejected by the Tapaktuan Syar'iyah Court”. The formulation of the problem from this research is what are the judges' considerations in determining the marriage dispensation case Number: 70/pdt.p/2022/Ms.Ttn? and what is the analysis of the consequences of the rejection of the application for marriage dispensation by the judge at the Tapaktuan Syar'iyah Court (Decision Number: 70/Pdt.P/2022/Ms.Ttn).? Analysis of the Consequences of Rejecting an Application for Marriage Dispensation by a judge at the Tapaktuan Syar'iyah Court (Decision Number: 70/Pdt.P/2022/Ms.Ttn). the. The method of this research is field research or empirical juridical method, where the data collection technique for this research is by documentation, namely collecting data related to the determination, and supported by interviews with Judges of the Tapaktuan Syar'iyah Court. Based on the results of this study, it can be analyzed that the Panel of Judges in determining the marriage dispensation case number: 70/pdt.p/2022/Ms.Ttn. using some legal basis. “The legal basis used by the panel of judges is the provisions of Law Number”. 16 of 2019 Concerning Marriage Article 7 paragraph (1) and Compilation of Islamic Law Article 15 paragraph (1). Meanwhile, the judge's consideration in giving the decision to reject the application for marriage dispensation is that the Panel of Judges considers that there is no urgency to enter into a marriage, and there is no information from the applicant's child.