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Teknik Pembuktian Gratifikasi Seks dalam Tindak Pidana Korupsi Chandra Darusman S; Ilka Sandela; Basri Basri; Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7575

Abstract

Gratification as part of the criminal act of corruption has undergone changes in form and mode. Gratification is not only interpreted as giving gifts in the form of money, goods, prizes, or commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free medical treatment, and other facilities, but also sexual services to state administrators or civil servants. This research is normative legal research and aims to examine sexual services as part of gratification and techniques of proving sexual services as part of gratification. The results of the study show that sexual services can be classified as a form of gratification and the technique of proof is used to prove whether or not all of the elements of Article 12B of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes have been fulfilled or not by using a balanced reverse burden of proof system.
Resolusi Konflik: Penyelesaian Sengketa Non-Litigasi Melalui Komunikasi Peradilan Adat di Desa Bumi Sari Dara Quthni Effida; Ilka Sandela; Asmaul Husna
Lok Seva: Journal of Contemporary Community Service Vol 1, No 1 (2022)
Publisher : Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/lok seva.v1i1.6355

Abstract

Hukum adat yang dipraktikkan masyarakat Desa Bumi Sari dalam penyelesaian sengketa adalah melalui musyawarah yang melibatkan tokoh adat dan pihak terkait, namun praktik musyawarah ini belum merujuk pada aturan perundang-undangan yang berlaku seperti Pasal 6 UndangUndang Nomor 44 Tahun 1999, Pasal 98 Undang-Undang Nomor 11 Tahun 2006 yang juga memberikan penguatan atas keberadaan lembaga adat di Aceh, serta Pasal 13 Qanun Aceh Nomor 9 Tahun 2008 tentang Pembinaan Kehidupan Adat Istiadat. Masyarakat belum terbiasa dengan istilah Peradilan Adat, padahal sejatinya Peradilan Adat merupakan lembaga yang tepat dalam menyelesaikan perkara yang terjadi di masyarakat. Pengabdian masyarakat ini menggunakan metode sosialisasi dan diskusi mendalam terkait mekanisme penyelesaian sengketa non litigasi dan peradilan adat. Kegiatan pengabdian kepada masyarakat ini bertujuan meningkatkan pemahaman masyarakat Desa Bumi Sari terhadap mekanisme penyelesaian sengketa non litigasi melalui komunikasi peradilan adat. Pengakuan negara terhadap mekanisme non litigasi ini dimuat dalam beberapa peraturan perundang-undangan, secara khusus mekanisme penyelesaian sengketa melalui peradilan adat secara teknis operasional telah diatur dalam Peraturan Gubernur Aceh Nomor 60 Tahun 2013 tentang Pelaksanaan Penyelesaian Sengketa/Perselisihan Adat dan Istiadat. Pelaksanaan kegiatan pengabdian kepada masyarakat melalui sosialisasi ini memberikan informasi tambahan bagi peserta pengabdian sehingga meningkatkan pemahaman masyarakat Desa Bumi Sari mengenai mekanisme dan jenis perkara yang dapat diselesaikan melalui mekanisme peradilan adat. Diperlukan kegiatan lanjutan guna penguatan kapasitas bagi aparat pemerintahan gampong sebagai tokoh yang berperan dalam penyelesaian sengketa melalui peradilan adat.
Penyuluhan Hukum Penyelesaian Perselisihan Dalam Rumah Tangga Melalui Peradilan Adat Aceh Di Kabupaten Nagan Raya Adella Yuana; Dara Quthni Effida; Ilka Sandela; Nila Trisna; Putri Kemala Sari
AIWADTHU: Jurnal Pengabdian Hukum Volume 3 Nomor 2, September 2023
Publisher : Faculty of Law Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/aiwadthu.v3i2.1714

Abstract

Introduction: The domestic dispute in Nagan Raya Regency have become a serious problem, as the number of such cases remains high every year. Qanun Number 9 of 2008 converning The Development of Customery and Traditional Life regulates domestic dispute that can be resolved through customary in Nagan Raya Regency takes into consideration the lack of information related to this matterPurposes of Devotion: The purpose of the research providing a legal understanding of dispute resolution in domestic affairs through customary court based on Qanun Number 9 of 2008 concerning The Development of Customery and Traditional LifeMethod of Devotion: The method used id legal counseling to the community of Gampong Bumi Sari, Nagan Raya Regency, through panel discussions where speakers present the material and then continue with question and answer session between the speakers and participantsResults of the Devotion: Qanun Number 9 of 2008 concerning The Development of Customery and Traditional Life regulates dispute within households that can be resolver through Indigenous Judiciary. Its implementation prioritizes peace and balance to achieve a sense of justice for all parties involved. The high number of disputes within household in Nagan Raya Regency is attributed to the lack of awareness many communities, especially in Gampong Bumi Sari, about this law, and the mistrust of the Indigenous Judiciary, which is feared to provide subjective decisions. Preventive efforts to reduce the number of disputes are being carried out, including legal education activities that must be conducted continuously.
Pendekatan Komunikasi Efektif dalam Pencegahan Perilaku Bullying di Lingkungan Sekolah Aripin, Nurasma; Pratama, Agus; Sari, Nurhaslita; Sitompul, Siti Jahria; Marlizar, Desi; Sandela, Ilka
Lok Seva: Journal of Contemporary Community Service Vol 3, No 1 (2024)
Publisher : Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/lokseva.v3i1.9727

Abstract

Effective communication carried out by parents and teachers can be an approach to prevent bullying behavior that occurs in the school environment. Law No. 35 of 2014 concerning Child Protection Article 76 C which states that everyone is prohibited from placed, allowing, doing, instructing or participating in violence against children expressly affirms that bullying behavior experienced by children is protected by law. This awareness underlies this community service activity with socialization methods and discussions on how effective communication can prevent bullying behavior in the school environment. The service activities carried out have the purpose of providing understanding to students and teachers that good communication between students and parents, parents and the school, teachers and students can increase the sense of security and comfort to everyone who is pursuing education. The sense of security and comfort felt by the students will keep them respectful and respectful of each other. The results of PKM activities are expected to make parents, teachers, schools, school committees, and the general public in the future pay more attention to building communication with children or students and schools will always establish partnerships with other schools, the government and other institutions that focus on child development.
Implementation Of Central Aceh Regency Government Policy In Ecotourism Development Maulana, Jefrie; Eza Aulia; Dara Quthni Effida; Ilka Sandela
Jurnal Hukum Samudra Keadilan Vol 19 No 1 (2024): Jurnal Hukum Samudra Keadilan
Publisher : Fakultas Hukum, Universitas Samudra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33059/jhsk.v19i1.8903

Abstract

The Aceh Tengah Regency ecotourism development policy is based on the Qanun RIPPARDA since 2018-2025. On its way, the development of ecotourism over the past five years has not had a significant impact. The formulation of the problem in this study is how the implementation of the Aceh Tengah regency government policy in the development of ecotourism and what are the obstacles faced by the Aceh Tengah regency government in implementing the policy. The aim in this this research are to find out and explain the implementation of the policy of the Central Aceh district government in the development of ecotourism and provide an overview of the obstacles experienced by the Central Aceh district government in implementing policies on ecotourism development. This research is a qualitative research by applying descriptive analysis method and empirical juridical approach. The results showed that the ecotourism development policy in Central Aceh Regency has not been supported by separate implementing regulations such as regulations within the scope of tourism destinations, tourism industry, marketing and tourism institutions based on the provisions of tourism legislation. Constraints faced in policy implementation include, among others, a regulatory vacuum that has an impact on the emergence of illegal businesses, the non-absorption of local revenue in the field of tourism to the maximum, and the emergence of ecotourism businesses that do not rely on environmental protection, the high cost of licensing administration in the field of environmental impact control and the behaviour of people who are not friendly to tourists
Pengaturan Sertifikasi Halal bagi Rumah Pemotongan Hewan (RPH) di Indonesia Sandela, Ilka; Yuana, Adella; Sari, Putri Kemala
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8451

Abstract

Halal certification is a series of processes that must be fulfilled by slaughterhouses. The aim is to provide comfort, security, safety and certainty of the availability of halal meat for the community, as well as increasing added value for business actors to produce and sell halal meat products. This research examines the provisions regarding halal certification rules for slaughterhouses in Indonesia, the halal certification mechanism and the consequences for slaughterhouses that are not halal certified. The research method used is the normative juridical method, namely research that focuses on legal norms contained in statutory regulations. The research results show that the provisions for halal certification for slaughterhouses in Indonesia are regulated in Law Number 33 of 2014 concerning Halal Product Guarantees, Law Number 6 of 2023 concerning Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation, Government Regulation Number 39 of 2021 concerning the Implementation of the Halal Product Guarantee Sector, Decree of the Minister of Religion Number 748 of 2021 concerning Types of Products that must be halal certified, and detailed guidelines are regulated in the Decree of the Head of the Halal Product Guarantee Organizing Agency Number 77 of 2023 concerning Guidelines for Implementing the Product Guarantee System Halal in Slaughtering Ruminants and Poultry. The halal certification mechanism consists of the manager or business operator of the slaughterhouse registering and attaching the required documents; BPJPH will examine the requirements that have been attached; Next, an audit and inspection of the product will be carried out, submitting the inspection results to the MUI for a fatwa to be issued; and issue a halal certificate if it passes the audit. The consequences for slaughterhouses that do not implement halal product guarantees are that they will receive administrative sanctions in the form of reprimands, written warnings and revocation of halal certificates for those who already have halal certificates. The author suggests that these consequences be added in the form of slaughterhouses that do not have a halal certificate not being allowed to operate and slaughtered meat being prohibited from circulating.
ASAS PENGAYOMAN DALAM SISTEM JAMINAN PRODUK HALAL DI KABUPATEN ACEH BARAT Yuana, Adella; Sandela, Ilka; Trisna, Nila
Al-Adl : Jurnal Hukum Vol 16, No 2 (2024)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v16i2.13738

Abstract

Aceh Qanun No. 8/2016 on Halal Product Guarantee System is based on the principle of protection. The principle of protection is a function of the Government of Aceh to protect the lives of all people, not only Muslims, but all other religious communities. In this case, the Government of Aceh tries to provide a guarantee of legal certainty for products consumed by the community. Based on the data found, there are 94 MSMEs in West Aceh Regency, but only 30 MSMEs have halal certificates. Based on this, there are two problems, namely the implementation of the principle of protection in the halal product guarantee system and how the form of Local Government supervision of the halal product guarantee system in West Aceh Regency. The research method used is empirical juridical which produces descriptive data regarding the Principle of Protection in the Halal Product Guarantee System in West Aceh Regency. The result of the research found that the implementation of the principle of penayoman by the Government of Aceh to provide legal certainty guarantees for products consumed by the public has not been maximized. This can be seen from the number of Micro, Small and Medium Enterprises that do not have halal certificates that are still many. The application of the principle of protection that has not been maximised is also influenced by the supervision system that has not been maximised either. Supervision involves several institutions in the West Aceh District Government such as the Ministry of Religion and the Health Office. The main obstacle that occurs is the lack of funds allocated for this limited supervision so the supervision of halal products for Micro, Small and Medium Enterprises in West Aceh is not optimal
ANALYSIS OF JUDGES' DECISIONS ON CRIMINAL SANCTIONS FOR ILLEGAL FISHING RECIDIVISTS: (Study of Sinabang District Court Decision Number 7/Pid.Sus/2022/PN Snb jo 28/Pid.Sus/2016/PN Snb) Safira, Widya; Sandela, Ilka
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 2 No. 2 (2023): APRIL
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v2i2.616

Abstract

This research aims to analyze the considerations and reasons of judges when determining the same punishment for recidivist offenders engaged in illegal fishing, as well as the factors that contribute to the ineffectiveness of sanctions imposed on illegal fishing perpetrators. Recidivism is regulated in Articles 486, 487, and 488 of the Criminal Code, which stipulate that the penalty for repeat offenses should be increased by 1/3 of the previous sentence. However, in decision number 7/Pid.Sus/2022/PN Snb jo 28/Pid.Sus/2016/PN Snb, the judge imposed the same sentence of 3 years in prison for the defendant, without increasing the sentence as required. The research utilizes normative juridical and empirical juridical methods. The findings indicate that, in determining sanctions, judges consider aggravating and mitigating circumstances for the defendant. Their decisions are not solely based on formal evidence, but also rely on the judge's conviction. The judge's reasoning for imposing the same sanctions in this case was due to the fact that the defendant did not own the object of the crime, demonstrated good behavior during the trial, and was the breadwinner of the family. Factors contributing to the ineffectiveness of the imposed sanctions include lenient penalties, factors related to law enforcement, environmental considerations, and socio-economic factors.
PELAKSANAAN TANGGUNG JAWAB PELAKU USAHA DEPOT ISI ULANG AIR MINUM TERHADAP SERTIFIKAT HALAL DIKAITKAN DENGAN PERLINDUNGAN KONSUMEN (STUDI PENELITIAN DI KECAMATAN MEUREUBO KABUPATEN ACEH BARAT Moflida, Nina; Sandela, Ilka; Yuana, Adella
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10558

Abstract

Article 4 of Law of the Republic of Indonesia Number 33 of 2014 concerning Halal Product Guarantee states that "Products that enter, circulate, and are traded in the territory of Indonesia must obtain a halal certificate". However, in reality in the field there are still many products circulating in the territory of Indonesia that do not have halal certificates and do not apply these rules, especially in Drinking Water Depots in Meurebo District, West Aceh. The purpose of this study is, to determine the responsibility of Drinking Water Refill Depot business actors for the obligation of halal certificates in Meureubo District, West Aceh Regency. To find out the obstacles faced by Drinking Water Refill Depot business actors in carrying out halal certificate obligations. This research uses empirical juridical research methods, which is one type of legal research that analyzes and examines the operation of law in society. The results showed that drinking water refill depot business actors have not been responsible for the halalness of the products produced, because they do not yet have a halal certificate, the business actors believe that the water produced is halal because it has been laboratory tested by the West Aceh Health Office. Obstacles for drinking water refill depot business actors in carrying out halal certificate obligations are the lack of legal awareness of the community, and the lack of public knowledge. Consumers do not get protection in consuming refill drinking water, because business actors do not carry out obligations for halal certificates.