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All Journal Arena Hukum Justitia et Pax Jurnal Hukum Samudra Keadilan Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum Jurnal Public Policy Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Ius Civile: Refleksi Penegakan Hukum dan Keadilan NEGREI: Academic Journal of Law and Governance MAQASIDI MEUSEURAYA : JURNAL PENGABDIAN MASYARAKAT Lok Seva: Journal of Contemporary Community Service Fundamental : Jurnal Ilmiah Hukum
Aulia, Eza
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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
POLITIK HUKUM DIUNDANGKANNYA QANUN NOMOR 11 TAHUN 2018 TENTANG LEMBAGA KEUANGAN SYARI’AH (LKS) DI PROVINSI ACEH Rachmatika Lestari; Eza Aulia; Dara Quthni Effida
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.v5i2.4375

Abstract

In the section weighing Qanun Aceh Number 11 of 2018 on Islamic Financial Institutions (LKS) states that the juridical reason of the establishment of Qanun LKS is a follow-up to the implementation of Article 21 Qanun Aceh Number 8 of 2014 on the Principals of Islamic Shari'ah. After the promulging of Qanun LKS, many Conventional Bank Financial Institutions in Aceh decided to close their business in Aceh, so that if people still want to use conventional bank services, then the transaction must be done outside Aceh. In fact, almost all business actors in Aceh's economic activities are connected to outside areas, while in outside areas many business actors, especially corporations, have not fully used the Shari'ah banking system. The formulation of the problems discussed in this study is: "Is the legal politics promulgated Qanun Aceh Number 11 of 2018 on Islamic Financial Institutions has been able to improve the economy in Aceh?". The research method used in this research is normative-empirical research on the implementation of normative law provisions (laws) in action on any particular legal event that occurs in a society with a Live Case Study approach, which is an approach to a legal event whose process is still ongoing or has not ended. The results showed that in practice Aceh's economic independence is still very low, in the case of business actors, many obstacles are experienced in the services of Islamic banks, including difficulty making transactions with partners from outside Aceh who generally use conventional bank accounts. The advice given in this study is that conventional financial institutions that have been established in Aceh in facilitating the transactions of business people in Aceh and to succeed financial institutions based on islamic sharia principles only need to open Sharia business units from their conventional financial institutions that have been formed, this is in accordance with the mandate of Article 21 Qanun Aceh Number 8 of 2014 on The Principals of Islamic Shari'ah which is the basis or juridical reason of the establishment of Qanun LKS so that for business actors who transact with business actors outside Aceh who predominantly have not used shari'ah financial institutions can be facilitated in conducting business transactions, so that this will have an final impact on improving the economy in Aceh.
KODIFIKASI HUKUM ISLAM DI INDONESIA DALAM PERSPEKTIF KEPASTIAN HUKUM Eza Aulia; Dara Quthni Effida
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 (119.5 KB) | DOI: 10.35308/jic.v2i2.1457

Abstract

The idea of Islamic law codification aims to provide clear limits on the law so that it is easy to be socialized in the midst of the community and to help the judge in referring to which law he will apply to the case faced without having to do ijtihad again. The problem in this research is how is the Islamic law codification system applied in Indonesia and how is the codification of Islamic law seen from the aspect of legal certainty that exists in Indonesia. The result of this study is the Islamic law codification system in Indonesia pursued through the path of Islamic law compilation sourced from Impres No. 1/1991, besides that the Islamic law which has become a positive law today is related to private law, namely ubudiyah and muamalah. Whereas those related to public law are still the idealized law. Islamic law codification will certainly be able to guarantee the values of legal certainty for the entire community,because it is appropriate that Indonesia has its own legal style that is independent of the legal culture of colonial heritage. So that the codification can serve as a legal reform and as a solution to cover the legal vacuum Keywords : Islamic Law Codification, Legal Certainty.
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
STUDI KOMPARATIF MEKANISME PERTANGGUNGJAWABAN PRESIDEN REPUBLIK INDONESIA SEBELUM DAN SESUDAH AMANDEMEN UUD 1945 Eza Aulia
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 (277.093 KB) | DOI: 10.35308/jic.v2i1.647

Abstract

With regard to the principle of popular sovereignty embraced by Indonesia, there is an obligation that must be done by the president as head of government to be accountable for all policies or actions related to his position to the people as the holder of the highest sovereignty, after the amendment to the constitution of the state, there is a change in the mechanism of responsibility of the president . The problem of this research is whether the similarities and material related to the mechanism of responsibility of the president before and after the amendment of the 1945 Constitution. The result of this research is that there are equations that are both doing political accountability to the people's representative institution based on the supervisory function through the right of inquiry. In contrast, there are differences in the mechanism of accountability in which before the amendment put forward the political accountability of the implementation of the GBHN, whereas after the amendment more to the legal accountability as regulated in the 1945 Constitution after the amendment. It is recommended that there be a certain regulation and mechanism related to the presidential political responsibility, so that the mechanism can assess the performance of the President against the implementation of RPJM, which has been done by the president only in the form of speech on the basis of the existing constitutional convention.Keywords : Comparison, Responsibility of the President.
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.
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.
Implementasi Nilai-Nilai Pancasila dan Kearifan Lokal dalam Peningkatan Etika dan Budaya dalam Berpolitik Asmaul Husna; Eza Aulia; Yuhdi Fahrimal; Cut Asmaul Husna; Reni Juliani
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.v1i1.6553

Abstract

Pancasila sebagai sumber etika politik, oleh sebab itu masyarakat perlu mengetahui bagaimana implementasinya di dalam kehidupan mereka, terutama bagi masyarakat yang ingin terjun di dunia politik. Oleh sebab itu kegiatan pengabdian ini diselenggarakan guna membawa perubahan positif bagi para pesertanya yang merupakan masyarakat Simeulue, sekurang-kurangnya pemahaman mereka mengenai politik semakin meningkat. Pelaksanaannya kegiatan pengabdian ini terbagi dalam 2 sesi dengan metode ceramah dan dialog interaktif. Di mana setiap sesinya peserta akan diberikan pretest dan post test yang sebarkan melalui google form. Hasil dari kegiatan pengabdian yang dilakukan membawa perubahan positif bagi para pesertanya, sekurang-kurangnya pemahaman mereka mengenai politik semakin meningkat dengan mengimplementasikan nila-nilai Pancasila di dalamnya. Dengan kata lain, yang tidak tahu menjadi tahu, yang sudah tahu menjadi lebih paham, dan yang lebih jauh adalah mereka akan menerapkan pemahaman tersebut dalam kehidupan sehari-harinya.
Penerapan Konsep Restorative Justice Pada Kasus Pelecehan Seksual (studi Penetapan Nomor 9/JN/2021/MS.Skm) Via Susanti Via Susanti; Eza Aulia
Jurnal Humaniora : Jurnal Ilmu Sosial, Ekonomi dan Hukum Vol 7, No 2 (2023): Oktober 2023
Publisher : Center for Research and Community Service (LPPM) University of Abulyatama

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30601/humaniora.v7i2.4033

Abstract

The application of restorative justice based on Determination Number 9/JN/2021/MS.Skm is applied to cases of sexual harassment. In the case of sexual harassment the defendant and 3 (three) other defendants forced and threatened the victim to take turns harassing them. In this case, the judge determines that there is restorative justice in sexual harassment cases, where the defendant should be punished for the actions he committed to get a lesson and a deterrent effect. The consideration of the judge is to accept the existence of restorative justice in cases of sexual harassment and the judge makes legal findings that are not appropriate in the case. From this background, the authors put forward 2 problem formulations, namely the consideration of restorative justice applied to Designation Number 9/JN/2021/MS.Skm and the legal consequences of applying restorative justice to Determination Number 9/JN/2021/MS.Skm. This study uses a normative juridical method. When considering sexual harassment the judge made a legal discovery, the legal finding was inappropriate because sexual harassment is a serious case and violates human rights. Meanwhile, the legal consequences of implementing restorative justice do not have a deterrent effect for the defendant, because the defendant can repeat the same crime again. The conclusion is that in this case, the judge was wrong in making legal findings, because the legal findings from the judge could not be applied to cases of sexual harassment, legal findings were made when there was a legal vacuum, while sexual harassment had rules that governed it.
Co-Authors AA Sudharmawan, AA Adabi, Muhammad Ikhwan Adella Yuana Apri Rotin Djusfi Asmaul Husna Chandra Darusman S Chandra Darusman S. Cut Asmaul Husna Damrus, Damrus Fiandy Mauliansyah Ilka Sandela Ilka Sandela Jalaluddin Jefrie Maulana Jefrie Maulana Jhoanda, Rahmad Kemalasari, Putri Krisna, Liza Agnesta Lestari, Rachmatika M. Nahyan Zulfikar Muhammad Agus Muljanto Muhammad Ali Murtadha Phoenna Ath Thariq Putri Kemala Sari Putri Kemala Sari Quthni Effida, Dara Rahmat Djowanda Rahmat Jhowanda Reni Juliani, Reni Via Susanti Via Susanti Yuhdi Fahrimal Zuhrizal Fadli