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Penanggulangan Penyelundupan Narkotika Jenis Sabu-Sabu di Desa Pulo Teungoh Kecamatan Meureubo Kabupaten Aceh Barat Cut Tasya; Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.4927

Abstract

Smuggling 1.2 tons of methamphetamine type narcotics in Pulo Teungoh Village, Kec. Meurebo, Kab. Aceh Barat is an international syndicate. This attempt was thwarted by a number of members of the Directorate of Drug Investigation at the Metro Jaya Police. The data collection method used is a juridical approach, such as the results of interviews and research observations. The results showed that the factors that cause drug smuggling are economic factors in the family tend to someone to commit a crime, be it stealing, murder or drug abuse. In an effort to overcome this, the West Aceh district government through Customs and Excise will more often carry out sea route operations by involving the police team in collaboration with the port and tightening the entry and exit routes via sea so that narcotics smuggling cases are less likely to occur, which are often passed by sea.
TANGGUNG JAWAB RUMAH PENYIMPANAN BENDA SITAAN NEGARA DALAM PENGELOLAAN BENDA SITAAN DAN BARANG RAMPASAN HASIL TINDAK PIDANA Rachmatika Lestari; Nila Trisna; Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2695

Abstract

Article 44 of the KuHP states that: "Confiscated objects are stored in state confiscation houses. In Article 1 number 3 of Government Regulation No. 27 of 1983 on the Implementation of Criminal Events Act also mentions that the State Confiscation House is hereby called RUPBASAN is the place of objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is where objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is established in every capital city or city district, and if necessary can be established RUPBASAN Branch. However, in practice not all district capitals or cities have RUPBASAN to manage confiscated objects and loot proceeds from crimes, so the management of the proceeds of crime is under direct management by the law enforcement agencies that handle such crimes. Based on the background as described above, the formulation of the problems in this study is: what are the arrangements regarding the management of Confiscated Objects in the RUPBASAN? And how is the management of Confiscated Goods and Proceeds of Looting Crimes in Indonesia? This research is a normative juridical study, namely research conducted by examining library materials or secondary data. The results showed the amount of assets or items seized from the defendant in criminal cases by law enforcement officers that were still not properly managed, meaning they had been confiscated or taken from the defendant, but were not properly managed. So far there has been an institution called RUPBASAN, as stipulated in Law No. 8 of 1981 on KUHAP, PP No. 27/1983 on The Implementation of KUHAP, and Regulation of the Minister of Justice Number: M.05.UM.01.06 of 1983 on the Management of Confiscated Goods and State Booty in the State Confiscation House, but not utilized properly. Confiscated items are all stored in the police station or prosecutor's office, whereas if stored and left unmanaged properly then there will be a decrease in value. Keywords: responsibilities of the RUPBASAN, confiscation objects, proceeds of crime
PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN SATWA YANG DILINDUNGI DI WILAYAH HUKUM KABUPATEN BENER MERIAH Wiwin Widiarti; Putri Kemala Sari; Apri Rotin Djusfi; Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3535

Abstract

Law enforcement against tiger trafficking is a form of tiger protection carried out by the government. In upholding this law, it is necessary to have cooperation between law enforcement officers and the community so that it can minimize the crime of tiger trafficking and can be immediately followed up if someone commits a crime of tiger trafficking in Bener Meriah Regency. This research is an empirical legal reseach which is a reseach using a qualitative approach and descriptive reseach analysis. . As for the purpose of this study is to determine whether law enforcement against tiger trafficking in Bener Meriah Regency has been carried out properly in accordance with the prevailing laws. Law enforcement carried out by the Bener Meriah Regency government is in accordance with the applicable provisions, namely Law Number 8 of 1981 concerning the Criminal Procedure Code and Law Number 5 of 1990 concerning Natural Resources Conservation and in accordance with the international convention cites (Convention on International Trade in Endangered Species of Wild Fauna and Flora).
Tinjauan Yuridis Konsepsi Hak Langgeh dalam Masyarakat Tradisional Hukum Adat Aceh Nila Trisna; Ilka Sandela; Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 2 (2021): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i2.4421

Abstract

Recognition of the traditional rights of the community, such as the implementation of traditional and cultural life which differs from one region to another, is the glue of the Unitary State of the Republic of Indonesia. One of them is the customs and culture that exist in society in Aceh, namely Langgeh Rights. Langgeh rights are former rights, namely the right of one person is more important than others, to get the opportunity to buy the neighbor's land at the same price. Langgeh rights can be given to the closest person to the seller, namely, relatives of the seller, other members of customary law, or neighbors whose land is directly sold with the land to be sold. Langgeh rights aim to prevent the land from being purchased by foreigners from outside the customary law community. In practice, the settlement of disputes over the rights of langgeh (syuf'ah) in Aceh almost entirely cannot be resolved through the Syari'ah Court, but will be resolved in the gampong customary court, this is because the Acehnese are a society that upholds the Shari'ah who expect peace. They do not expect mutual hostility, so the outcome of the customary justice process is peace.
IMPLEMENTASI SISTEM KEUANGAN DESA (SISKEUDES) PADA PEMERINTAHAN GAMPONG BLANG NEUANG KECAMATAN BEUTONG KABUPATEN NAGAN RAYA Nila Trisna; Reli Wahyuni
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 3, No 1 (2019): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (100.431 KB) | DOI: 10.35308/jic.v3i1.1435

Abstract

The application is aimed at village government officials to facilitate the management of Village Finance. This study uses normative juridical methods and Empirical Juridical This study uses normative legal research methods. The research material is analyzed with a qualitative approach, with the aim of understanding the meaning of the collected legal material, which is then interpreted normatively, logically and systematically by using the inductive method. In the implementation of the Village Financial System Application (SISKEUDES) there are still constraints on how to collect data on the siskeudes. So that the implementation of the Village Financial System Application (SISKEUDES) has not proceeded as expected by the Statutory Regulations. Keywords: Implementation, siskeudes, Gampong government
KONSEP PENGATURAN PARIWISATA HALAL DI ACEH Ilka Sandela; Nila Trisna; Phoenna Ath Thariq
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3540

Abstract

Halal tourism is a tourism that in its implementation fulfill the provisions of Islamic law. In the implementation of halal tourism, a special regulation is needed so that the implementation can be guaranteed as expected. The purpose of this research was to examine the substance of Qanun Aceh Number 8 of 2013 concerning Tourism, whether it contains elements of halal tourism or not and how far the regulation is. Then, it will be reviewed the concept of halal tourism regulation that are ideally applied in Aceh Province. The research method used is normative juridical research method. The results showed that explicitly there is no term halal tourism in Qanun Aceh Number 8 of 2013 concerning Tourism, but in substance there are some provisions that contain the values of halal tourism, among others the function of tourism, the direction of research and development of tourism in Aceh, tourism business, values that must be considered in the business of objects and tourist attractions, obligations of tourism object businesses , obligations of star hotel managers, provisions for restaurant managers, restrictions on tourist attractions, and provisions that must be met for foreign tourists. However, the existing provisions have not been able to accommodate the implementation of halal tourism optimally. The ideal concept of halal tourism regulation should contain in detail the basic elements and objectives of halal tourism implementation, classification of halal tourism destinations, standards of each type of halal tourism destination, halal tourism certification, promotion and marketing, supervision, and sanctions. It is recommended to establish special legislation on halal tourism in Aceh either in the form of other qanun or in the form of governor regulation, the purpose of which is to become guidelines and reference of halal tourism standards in all regions in Aceh Province, so that the implementation of halal tourism can be carried out opptimally.
PERLINDUNGAN HUKUM TERHADAP PELAKU TINDAK PIDANA MEMBERIKAN HAK PILIH LEBIH SATU KALI PILKADA 2017 DI KABUPATEN ACEH BARAT Muhammad Yunus; Phoenna Ath Thariq; Nila Trisna; Muhammad Nasir
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 2 (2021): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i2.4373

Abstract

Every Indonesian citizen actually has the same rights before the law. Likewise, the perpetrators of criminal acts get treatment in accordance with the capacity of the acts committed. Legal protection does not really focus on welfare, but rather on the determination of the consequences of a legal event. This is outlined in the 1945 Constitution Article 27 Paragraph 1. Responding to the paradigm of thinking about the perpetrators of criminal offenses should get the maximum punishment, it does not mean to impose a sentence that exceeds the legal capacity in force in the country. this also applies to the double cast in the 2017 regional elections which took place in the District of West Aceh. The mechanism of the process of legal protection for perpetrators of criminal acts, is part of legal efforts in ensuring justice with legal certainty for the benefit of the law through formal and or material stages. Law Number 16 of 2011 concerning Legal Aid and Law Number 39 of 1999 concerning Human Rights is a form of the state's seriousness in guaranteeing the constitutional rights of each of its citizens to obtain recognition, guarantees, protection and fair legal certainty and equal treatment. before the law. Keywords: Protection, Law, West Aceh
EKSISTENSI TUHA PEUT DALAM MELAKSANAKAN FUNGSI ANGGARAN DI GAMPONG BABAH KRUENG MANGGIE KECAMATAN PANTON REU KABUPATEN ACEH BARAT Nila Trisna; Rachmatika Lestari
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2692

Abstract

Implementation of Gampong Government as contained in Qanun Number 5 of 2003 Chapter 1 General Provisions Article 1 Point 6 is a legal community unit that has the lowest government organization directly under the Mukim, which occupies certain areas led by a keuchik or other name entitled to hold housing matters own stairs. In Points 9 and 10 also mentioned that the government is called the Gampong government is the administration of the gampong government and Tuha Peut Gampong. As for one of the main functions of the Tuha Peut Gampong as contained in Article 31 of Qanun Number 5 of 2003, namely carrying out the Budget Function. Namely the authority to discuss / formulate and approve the draft Village Budget and Revenue and Expenditure (APBG). This research uses normative juridical methods and Empirical Juridical This study uses normative legal research methods, viz. The study refers to the principles, legal concepts, legal norms contained in the Statutory Regulations. The role and responsibilities of the government of Babah Krueng Manggie Village are needed to support all forms of development activities. In practice, the role of Tuha Peut in the budget function has not yet run optimally because members of Tuha Peut do not understand their duties and functions. This is caused by a variety of factors, such as low levels of education as well as the lack of participation of the Tuha Peut Gampong, resulting in a non-optimal implementation of the budget function. Keywords:     Tuha Peut; budget function; Gampong government
ASPEK HUKUM PENCANTUMAN KLAUSULA EKSONORASI DALAM PERJANJIAN KREDIT PERBANKAN Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (402.699 KB) | DOI: 10.35308/jic.v1i1.471

Abstract

Credit agreements commonly used by banking companies in Indonesia in lending are standard agreements or standard agreements whose clauses have been previously prepared by the bank with the intention of being used repeatedly with various parties and not open the possibility to be negotiated to the customer, and partly deliberately empty to be given the opportunity to negotiate with the customer, which is new in content after obtained agreement by both parties. Since such circumstances constitute a violation of the principle of responsible contracting freedom which results in an unbalanced bargaining power between the bank / creditor and the client / debtor, which then places the client in a weak position, the bank freely formulates clauses this exemption may harm the interests of the customer. In an agreement there is an important legal principle relating to the enactment of the contract is the principle of freedom of contract, meaning that parties are free to determine what contracts are already existing arrangements as well as that. Thus the customer has only the choice between accepting all contents or contract clauses or unwilling to accept the contract clauses either partly or wholly, for to amend the clause or content of the treaty completely absent or closed. This study uses the normative juridical method, which is the approach done by examining the legislation relevant to the problem under study or looking from the normative legal aspects. Technique of data collecting done by Research of Library (Library Research), that is by studying book and literature relevant with writing.Keyword :Exonoration Clauses, Agreements, Credits, Banking
TINJAUAN YURIDIS TERHADAP KEDUDUKAN FRANCHISEE DALAM PERJANJIAN FRANCHISE (WARALABA) Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (298.42 KB) | DOI: 10.35308/jic.v2i1.547

Abstract

The developments taking place in today's society are very rapid, including developments in the field of business contracts. In the business world today there are various types of agreements whether or not they have been defined in legislation, whether they are made in writing or orally. The point in daily life in society can not be separated from the study, ranging from small-scale agreements to multi-complex agreements. Substantially, the Agreement in civil law in Indonesia is generally governed by the Civil Code, which is the most extensive and dynamic legal area. Especially in the open field of the Covenant Law, allowing parties to create new types of agreements that had not previously existed and were not regulated in the Civil Code itself. One type of agreement is the Franchise Agreement. In the franchise contract there are subjects and objects. The legal subject in the franchise agreement is the franchisor and franchisee; The franchisor is a licensing company, whether in the form of patents, trade marks, service marks or any other to the franchisee, while the franchisee is the company that receives the license from the franchisor. And the object of the franchise is the license, the permission given by the franchisor to the franchisee.Keywords: Position, Franchise Agreement, Franchisor