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All Journal Ahkam: Jurnal Ilmu Syariah Jurnal Akta Jurnal Konstitusi JURNAL CENDEKIA HUKUM JURIS (Jurnal Ilmiah Syariah) Al Hurriyah : Jurnal Hukum Islam Pagaruyuang Law Journal Masyarakat Indonesia Jurnal Konstitusi JURIS (Jurnal Ilmiah Syariah) Jurnal Integrasi Ilmu Syariah (Jisrah) Alfuad: Jurnal Sosial Keagamaan Al Hurriyah : Jurnal Hukum Islam Al Ushuliy Jurnal Masyarakat Religius dan Berwawasan Alfuad: Jurnal Sosial Keagamaan
Efendi, Roni
Fakultas Syariah Universitas Islam Negeri Mahmud Yunus Batusangkar
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Role of Civil Servant to Protect Indonesia from Terrorism Roni Efendi; Bambang Trisno; Refika Mastanora; Ratmiati Ratmiati; Agusrida Agusrida; Raihanah Abdullah
Alfuad: Jurnal Sosial Keagamaan Vol 6, No 2 (2022)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jsk.v6i2.5935

Abstract

The State Civil Apparatus (ASN) is an occupation for civil servants and government employes with employment contracts who work for government agencies and play a very fundamental role in maintaining the unitary state of the Republic of Indonesia. ASN urgencies include the implementation of public policies, civil servants and the connected the nation must be able to act as organizers of government and developmental missions through the implementation of policies and professional public services. In fulfilling its function as a link and unification of the nation, ASN must strive to protect the integrity of the unitary state of the Republic of Indonesia from terrorism crimes that can break the sovereignty anchored in Bineka Tunggal Ika. Dirrect speak and written expressions of opinions on social media don’t contain elements of hate speech against to Pancasila, the Constitution, Bhineka Tunggal Ika, the Unified State of the Republic of Indonesia and the government. Don’t convey information that shows the nuances of hate speech against ethnicity, race, religion, and between groups. ASN doesn’t participate in activities that lead to insult, incitement, provocation or hatred of Pancasila, the Constitution, Bhineka Tunggal Ika, the Unified State of the Republic of Indonesia and the government.
Revitalization the Function of Traditional Nagari Density in Handling Criminal Cases Based on Restorative Justice Roni Efendi; Saadatul Maghfira; Hebby Rahmatul Utamy; Erwin Radon Ardiyanto
Alfuad: Jurnal Sosial Keagamaan Vol 7, No 2 (2023)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/jsk.v7i2.10786

Abstract

The criminal justice system, which was previously focused on the criminal aspect or retributive perspective, is now confronted with the reality that there are only a few legal structures, ranging from judges, prosecutors, and police to a small number of prison institutions that serve as execution venues. The author is concerned with this legal fact, so he uses primary data sources and sociological juridical studies to try and find a remedy. According to the author's findings, to prevent the issues mentioned above, criminal cases in Minangkabau can be resolved through the Nagari Traditional Meeting Institution using the restorative justice idea, which aims to repair the social discord caused by criminal acts. When applying restorative justice, the Nagari Customary Association makes use of the relevant legal source of the Nan Salapan Law, while the formal legal procedures can use the Nan Duo Puluah Law.
NOMINEE AGREEMENT REGARDING USE OF THE COASTAL AREA IN THE MENTAWAI ISLANDS Ulya Atsani; Roni Efendi; Hidayati Fitri; Nurhikma .; Hebby Rahmatul Utamy
Masyarakat Indonesia Vol 49, No 1 (2023): Majalah Ilmu-Ilmu Sosial Indonesia
Publisher : Kedeputian Bidang Ilmu Sosial dan Kemanusiaan (IPSK-LIPI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14203/jmi.v49i1.1217

Abstract

Because of the multiple services that land serves, including maintaining a community's identity and an expanding economic function, land is an integral aspect of human life and existence. While land is the property of the state and is used in line with Article 33 Paragraph (1) of the Constitution of the Republic of Indonesia, it can be owned by private people or even communal property in the private sector. However, in the Mentawai Islands Regency, land managed by foreigners is given ownership status and is used through a nominee agreement process in both written and unwritten form. On the Mentawai Coast, nominee agreements are a type of land ownership and use through foreign investment, intermarriage and/or interfaith marriages, as well as through labor agreements, there is legal smuggling.Nominee, Use, Coastal Area
Reforming the Rules on the Division of Joint Property: A Progressive Legal Approach Khairina Khairina; Khairani Khairani; Roni Efendi; Kasmuri Kasmuri; Okky Afrianto
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.11565

Abstract

According to Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) Articles 96 and 97 on the division of joint property, each person in a marriage that dissolves due to divorce or death is entitled to half of the property that is joint property. However, the legal circumstances presented in Payakumbuh Religious Court's Decision No. 657/Pdt.G/2022/PA Pyk did not follow the KHI and gave the plaintiff (the husband) a portion of ¼ and the defendant (the wife) a share of ¾ of the joint property. Therefore, the goal of the analysis presented in this article is to respond to the judge's ratio decidendi when it comes to joint property that are unrelated to the KHI. Then, a more thorough explanation of progressive law as a method of legal change in the realm of community property is provided. The research approach employed in this paper is the normative legal method. The investigation's findings demonstrate that the judge's reasoning is predicated on the idea that the wife's inherited assets, rather than the husband's income from their marriage, constitute the joint property at issue in the proceedings. In terms of income, living expenses, or child-education expenses, the plaintiff was unable to demonstrate how much he contributed to the defendant's household during their time together. The plaintiff could not provide sufficient evidence to support his claim that he could afford to buy the property, house, and four-wheeled vehicle that are at issue. According to the judge's ruling, progressive law satisfies societal legal requirements. The judge's ruling about the contribution of joint assets served as a legal justification for not dividing joint assets in half, based on the facts of the case
The Legal Smuggling Through Nominee Agreement & Its Implications for Coastal Beach Management Ulya Atsani; Roni Efendi; Dodi Syahputra
JURNAL AKTA Vol 11, No 3 (2024): September 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i3.39996

Abstract

This research aims to explore and analyze the impacts caused by legal smuggling through nominee agreements in the management of coastal areas in the Mentawai Islands Regency. As an agreement that is not permitted in Indonesian contract law, nominees certainly have implications, especially in terms of investment practices and land ownership in the Mentawai Islands Regency. Then the Constitution and the Basic Agrarian Law have regulated very strictly regarding land rights and ownership. Historical experience has led Indonesia to establish regulations on land rights and their management in Indonesia. However, the legal facts that occur are that not a few foreign citizens own land in Indonesia, such as in the Mentawai Islands Regency by smuggling the law, including through nominee agreements. The writing method uses an empirical legal research type and is oriented toward primary data sources obtained through interviews and document studies. The survey results show that out of 85 resorts registered with the Tourism, Youth and Sports Office, there are 11 resorts owned by foreign citizens by smuggling the law through nominee agreements which imply being null and void because they are not by the Civil Code. Furthermore, impunity for this legal smuggling means that residents will lose their identity as a customary law community because the land as their local cultural identity has been taken over by foreign countries.
Co-Authors Afdi Bima Agusrida Agusrida Aldi Andryan Aria Zurnetti, Aria Bambang Trisno Dodi Syahputra Eficandra Eficandra Emrizal Emrizal Erwin Radon Ardiyanto Hidayati Fitri Hidayati Fitri Jamal Mirdad Kasmuri Selamat Khairani Khairani Khairina Khairina Mastanora, Refika Muhammad Farhan Nesti Rahmadani Nurhikma . Nurhikma Nurhikma Okky Afrianto Raihanah Abdullah Ratmiati Ratmiati Riki Zulfiko Saadatul Maghfira Salmy Edawati Yaacob Sukmareni Sukmareni Sukmareni Sukmareni Sulastri Caniago Ulya Atsani Ulya Atsani Utamy, Hebby Rahmatul Yana Syukra Yose Rizal Zainuddin Zainuddin