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All Journal USU LAW JOURNAL Arena Hukum Justitia et Pax Jurnal Hukum Samudra Keadilan Jurnal Public Policy Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Ius Civile: Refleksi Penegakan Hukum dan Keadilan Jurnal Geuthee MEUSEURAYA : JURNAL PENGABDIAN MASYARAKAT Fundamental : Jurnal Ilmiah Hukum
Apri Rotin Djusfi
Prodi Ilmu Hukum, Universitas Teuku Umar
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Tinjauan Politik Hukum Hubungan Antara Partai Politik Lokal Dengan Konstituen Pemilih Berdasarkan Peraturan Pemerintah Nomor 2 Tahun 2007 tentang Partai Lokal Aceh Apri Rotin Djusfi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 3, No 2 (2019): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (85.533 KB) | DOI: 10.35308/jic.v3i2.1544

Abstract

The existence of the Local Parties in Aceh was officially and legally recognized, in line with the signing of the MoU (Memorandum of Understanding) between the Government of the Republic of Indonesia and the Free Aceh Movement (GAM) which was then stipulated in Law No. 11 of 2006, which is one form of specificity possessed by Aceh Provision. Where technically regulated in implementing regulations Government Regulation No. 2 of 2007. According to the facts from several previous elections that the electability of the local party continues to decline, thus raising the problem formulation of how the relationship between local parties and the constituents from a political perspective law point of view. The results showed that basically the mechanism of relations between political parties and society was simple: political parties needed voters to vote in general elections. Therefore, political parties are forced to pay attention to the wishes of the voters before making decisions regarding party programs and policies. The advice given is that political parties must prioritize the interests of constituency voters in setting strategic party policies so as to increase the dominance of party votes. Keyword: Political Law, Local Political Parties, Constituency voters.
PENERAPAN PERATURAN MENTERI KELAUTAN DAN PERIKANAN NOMOR 12 TAHUN 2013 TENTANG PENGAWASAN PENGELOLAAN WILAYAH PESISIR DI KABUPATEN ACEH JAYA Nodi Marefanda; Apri Rotin Djusfi
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 (137.431 KB) | DOI: 10.35308/jic.v2i1.692

Abstract

Research on the application of marine and fisheries minister regulation (PERMEN-KP) number 12 of 2013 on supervision of coastal area management aims to find out how far the implementation of the regulation is implemented. The method used in this research is descriptive qualitative with data retrieval technique that is observation, interview and documentation. The results of the research indicate that the interpretation of the Department of Marine and Fisheries on marine and fisheries ministerial regulation number 12 of 2013 in Aceh Jaya Regency is already understand the regulation of the minister of marine and fisheries well and in Aceh Jaya Regency also has a special police (POLSUS) which duty to carry out supervision on PWP3K, while its implementation in Aceh Jaya Regency can not be implemented properly, it can be known from the number of personnel POLSUS which is still lacking, the area of assignment, the lack of transportation means to patrol/ patrolling, the process of action by POLSUS still have constraints that is the lack of understanding of the main tasks and functions that have been determined, but the flow of implementation of action has been appropriate/ follow the flow of the process, while the process of guidance against communities that do the violations also not running well, whereas in terms of extrapolation Dinas Marine and Fisheries to the regulation of the minister of maritime and fishery number 12 of 2013 looks able to understand if marine and fishery ministerial regulations can be implemented properly and correctly it will give positive value to the region, especially the Department of Marine and Fisheries Aceh Jaya DistrictKeywords: DKP Aceh Jaya District, PERMEN-KP Number 12 of 2013, Supervision.
PARTISIPASI PARTAI POLITIK LOKAL DALAM PERPOLITIKAN NASIONAL PADA KEANGGOTAAN DPD Apri Rotin Djusfi; Phoenna Ath Thariq; Eza Aulia
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.v4i2.2841

Abstract

The existence of the Senate (DPD) can be summed up as a meeting between democratization and regional autonomy. The formation of the Senate (DPD) is of course to support regional interests in national policies to protect the Republic of Indonesia. Based on the formulation of problems described earlier regarding the participation of local political parties in national politics at DPD membership, the objectives of the study include examining the participation of local political parties to participate in national politics in DPD membership. Based on the research object above, this research is normative legal research (legal research). The position and function of the DPD are to bridge the local government to the central government in bringing the interests of the people in the regions. The existence of cadres of local political parties in the Senate (DPD) provides channels for the regions in the national decision-making process related to regional interests. Keyword: Senate, DPD, Political Parties
Studi Perbandingan Kedudukan dan Kewenangan Lembaga Tuha Peut Aceh dan Lembaga Kerapatan Adat Nagari Sumatera Barat Ali Mahyu K. Mahyu Ali; Putri Kemala Sari Kemala Sari; Apri Rotin Djusfi rotin Djusfi; Basri Basri
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.v5i2.4389

Abstract

The existence of Indonesia as a form of unitary state has recognized and respected customary law community units and their traditional rights as long as they are still alive and in accordance with the development of society. One of them is regarding the specificity of customary institutions in the province that have certain and special powers such as the Tuha Peut Aceh institution and the West Sumatran Nagari Customary Council (KAN), this study will examine the similarities and differences in the authority of the two traditional institutions in the area. along with the position in the institutional structure of government in the village. This study aims to examine the position of Aceh's Tuha Peut Institution and West Sumatra's Nagari Adat Density Institution and to describe the differences and similarities in authority between the two institutions. The research method uses normative research or library research with a statutory approach and a comparative approach. The results of the study show that the authority for formulating village budgets, formulating village regulations, as well as supervision carried out by the two traditional institutions on the village government will have a positive impact on everyone, where any legal problems that can still be resolved in traditional institutions can still use traditional institutions. existing in an area.
TINJAUAN YURIDIS KEWENANGAN PENGELOLAAN DAN PENGEMBANGAN PELABUHAN PENYEBERANGAN BALOHAN SABANG Rachmatika Lestari; Apri Rotin Djusfi; Phoenna Ath Thariq
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1928

Abstract

In the context of developing the Sabang Free Trade Zone and Free Port, it is necessary to revitalize the development of the Balohan Crossing Port of Sabang City. However, based on Article 11 PP Number 69 of 2001 concerning Ports, it is stated that the management of national, international ports and hub ports is left to BUMN, in this case PT. Indonesian Port (Pelindo). Whereas on the other hand, Law No. 32 of 2004 and Law No. 34 of 1999 indicates the transfer of authority from the central government to regional governments, including in terms of port management. The same is true in the context of Aceh's autonomy, based on Law No. 11 of 2006 concerning the Government of Aceh states that there is a surrender of wider authority to the regions to manage their own household affairs. The problem in this research is how is the authority to operate a port based on positive law in Indonesia? What is the authority for managing regional feeder ports in the context of Aceh's special autonomy? And what are the procedures for the utilization and management of the Balohan crossing port? The method used in this study is a nominative juridical research method. The results of the study showed that the authority to operate the port was technically regulated in Government Regulation No. 61 of 2009 concerning Ports. In the context of Aceh's special autonomy, Law No. 11 of 2006 concerning Aceh Government and PP No. 23 of 2015 concerning National Government Authority in Aceh in the context of Aceh's special autonomy, wasn’t mentioned in detail regarding port management according to the type of hierarchy, but only mentioned regarding port management (in general) managed by BUMN in which the management is managed with the Aceh Government and / or Regency / City Government. Even though the Act and PP aren’t mentioned in detail, the procedures for the utilization and management of the Balohan crossing port can be seen in the Minister of Transportation Decree Number KP. 432 of 2017 concerning the Establishment of a National Port Master Plan. The Ministry of Transportation stated that the Port of Balohan Sabang occupied the PL (Local Feed Port) hierarchy. This means that the Regency / City Government in Prov. Aceh has the authority to manage the Balohan Port in Sabang legally justified and allowed by law.Keywords: authority, management and development, balohan port
KEWENANGAN YURISDIKSI INTERNATIONAL CRIMINAL COURT TERHADAP PELANGGARAN HAK ASASI MANUSIA Eza Aulia; Apri Rotin Djusfi; Phoenna Ath Thariq
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.v4i2.3000

Abstract

Human rights are a reflection of the development of human civilization, where these rights are things that must be upheld by anyone and anywhere in the world. Therefore, through the Rome Statute a permanent court was formed, namely the International Criminate Court (ICC) which aims to uphold human rights values, especially in relation to gross human rights violations. This research is a normative juridical study that describes the scope of the judicial authority of the ICC as seen by the approach of norms in the Rome Statute. The results illustrate that the ICC has jurisdiction covering jurisdiction over the subject matter, namely genocide, crimes against humanity, war crimes and aggression. Personal jurisdiction includes nationals of state parties, nationals of non-state parties that recognize the Court's jurisdiction and nationals of non-state parties, but cases are brought before the Court based on UN Security Council resolutions.Keyword: Human Right, International Criminal Court
PERBUATAN MELAWAN HUKUM MATERIL TERHADAP TINDAKAN MENGAMBIL BRONDOLAN SAWIT (STUDI KASUS KABUPATEN NAGAN RAYA DESA LAMIE) Muhammad Ikhwan Adabi; Chandra Darussman S; Apri Rotin Djusfi; Phoenna Ath Thariq; Eza Aulia; Jalaluddin Jalaluddin
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.v5i2.4416

Abstract

An act against the material law in criminal law is that a person commits an act against the law living in society (unwritten law). So if a person's actions are not against an unwritten law, then he cannot be punished. The author wants to investigate whether the theft of loose palm oil in Lamie Village is an act against the law or not. The author's initial hypothesis is that in several plantations in Lamie Village, after harvest workers have finished harvesting palm oil where they work, there is a habit of harvesting workers choosing loose palm kernels that have fallen to the ground and then sold. The research method in this writing is through an empirical juridical approach. This research was conducted by enforcing or applying normative law into legal relationships in society. The results of the study said that all garden owners in Lamie Village with a land area of 3 ha and above allowed harvesters to take loose palm oil. So the harvester's actions are not against the unwritten law. Then, some garden owners whose land area is 3 ha and below must have prior permission from the garden owner. If the permit is given then it does not violate the unwritten law, but on the contrary if the permission is not given then the perpetrator may be subject to Article 362 of the Criminal Code concerning theft.
PENYELESAIAN SENGKETA HIBAH MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA Apri Rotin Djusfi; Jumadi Winata
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (235.204 KB) | DOI: 10.35308/jic.v2i2.973

Abstract

Article 1666 of the Civil Code provisions regarding grants are regulated in the Civil Code Chapter X Book III concerning Engagement affirms that a Defend is an agreement, whereby an donor submits an item free of charge, without being able to withdraw it, for the benefit of someone who receives the goods and must include all heirs. However, there are still many grants that do not include all heirs in the granting of these grants, which makes other legitimate heirs do not accept the existence of these grants and they want to complete them. To obtain data in this thesis writing, literature research and field research are conducted. Library research to obtain secondary data by studying books, legislation. Compliance in the Civil Code is only an obligator, meaning that it has not transferred ownership rights, because the ownership rights have just moved by levering or juridical submission. It is said that granting is not a sale and purchase and exchange but one of the titles for the transfer of ownership. Keywords: grant,  civil code, private law
Tinjauan Yuridis Sanksi Pidana Delik Perbuatan Cabul terhadap Anak dalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual Muhammad Ikhwan Adabi; Apri Rotin Djusfi; Eza Aulia; Phoenna Ath Thariq; Chandra Darusman; Jefrie Maulana
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.6105

Abstract

This study focuses on sexual crimes in the form of obscene acts against children. According to R. Soesilo, obscene acts are all acts that violate decency or decency, or can also constitute a heinous act that is included in the environment of sexual lust. The problem lies in the criminal sanctions regulated between the two regulations. Criminal sanctions regulated in the PA Law and the PKS Law have differences in terms of the length of the sentence, the amount of the fine, and others. Then there will also be a test of the PA Law and the TPKS Law against the theory of the purpose of punishment. The research method used is a normative research method, namely research conducted with reference to the principles, legal concepts, legal norms contained in the legislation. The results of this research are that in terms of the comparison of the length of imprisonment or the number of fines, the PA Law is more effective than the TPKS Law. There are also articles regulated in the PA Law that are not regulated in the TPKS Law, such as Articles 76D and 76E. In the article, it is more specific how to commit obscene acts, namely by means of "threats of violence and violence." Both the PA Law and the TPKS Law adhere to a combined theory. In the PA Law and the TPKS Law, the main punishments regulated are imprisonment, fines and payment of restitution to victims. If it is related to the combined theory, then the PA Law and the TPKS Law have fulfilled the purpose of the combined theory. However, in the TPKS Law, in addition to stipulating the main punishment, it also regulates additional crimes, namely revocation of child custody or revocation of guardianship, announcement of the identity of the perpetrator and/or confiscation of profits and/or assets obtained from criminal acts of sexual violence. With the provision of additional penalties in the TPKS Law, it can be seen that the types of criminal sanctions in the TPKS Law provide more complete understanding of the combined theory. So that it can be concluded that the TPKS Law in terms of types of criminal sanctions is more comprehensive in its arrangement.
EKSEKUSI PUTUSAN PENGADILAN AGAMA YANG BELUM INKRACHT BERKENAAN DENGAN HAK ASUH ANAK Chandra Darusman S; M. Ikhwan Adabi; Apri Rotin Djusfi; Phoenna Ath Thariq; Eza Aulia; Rahmat Jhowanda; Liza Agnesta Krisna
Arena Hukum Vol. 16 No. 1 (2023)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01601.9

Abstract

Law Number 23 of 2002 concerning Child Protection emphasizes that in the event of separation due to divorce and other situations without eliminating the child's relationship with his parents, the child still has the right to meet and have permanent personal contact with both parents. However, the situation that occurs in society and the existence of a legal vacuum shows that often children cannot meet their parents who have been appointed as custodians because the divorce case decision has not yet become legally binding. This normative juridical research uses statutory approach and the conceptual approach. The concept of child protection regulated in the Child Protection Act and other laws and regulations also includes the protection of children in situations of parental household conflict and protection in situations where the legal process against parental household conflicts is still ongoing and has no permanent legal force. The researcher recommends a change to the Law on Religious Courts. In this case, it is necessary to add legal norms that stipulate those children must be handed over to parents who are holders of custody since the court decision is pronounced, or the issuance of a Supreme Court Rule as the legal basis for implementing execution.
Co-Authors Adabi, Muhammad Ikhwan Afrizal Tjoetra Ali Mahyu K. Mahyu Ali Asmaul Husna Ath Thariq, Phoenna Aulia, Eza Basri Basri Chandra Darusman S Chandra Darusman S. Cut Rina Darusman S, Chandra Eza Aulia Faisal Akbar Nasution Fiandy Mauliansyah Herri Darsan IRSADI ARISTORA Iwan Doa Sampena Jalaluddin Jefrie Maulana Jefrie Maulana Jumadi Winata Jusmadi Sikumbang Krisna, Liza Agnesta Lestari, Rachmatika Masrizal Maulana, Jefrie Muffaruddin Muffaruddin Muhammad Abduh Nila Trisna Nodi Marefanda Phoenna Ath Thariq Putri Kemala Sari Quthni Effida, Dara Rahmad Jhoanda Rahmat Djowanda Rahmat Jhowanda Samwil, Samwil Sudarman Sudarman Wiwin Widiarti Yuhdi Fahrimal Yuliatul Muslimah Zuhrizal Fadhly