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All Journal Arena Hukum Sriwijaya Law Review Jurnal Hukum Samudra Keadilan Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Ius Civile: Refleksi Penegakan Hukum dan Keadilan Jurist Argumentum Pemikiran Intelektual Hukum
Phoenna Ath Thariq
Prodi Ilmu Hukum, Fakultas Ilmu Sosial Dan Ilmu Politik, Universitas Teuku Umar
Agriculture, Biological Sciences & Forestry Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Other

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KAJIAN YURIDIS TENTANG KEDUDUKAN MoU HELSINKI DAN KEKHUSUSAN DALAM UNDANG-UNDANG PEMERINTAHAN ACEH Phoenna Ath Thariq
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 (84.621 KB) | DOI: 10.35308/jic.v3i2.1450

Abstract

Memorandum of Understanding (MoU) Helsinki is an agreement that ends the conflict between GAM and the Government of the Republic of Indonesia. This MoU became a joint commitment between two parties which later gave legalization to Law Number 11 of 2006 concerning the Government of Aceh. This study uses a normative juridical method to see how the position of the MoU Helsinki in the Law on the Government of Aceh. With the normative juridical method, the author sees how the binding power of the MoU Helsinki and how the exclusivity possessed by the Law on the Governing of Aceh. From the results of the study it was found that the MoU Helsinki does not have juridical binding power, and there are some Aceh exclusivities that are obtained through the Law on the Government of Aceh in which these exclusivities are not shared by other regions in Indonesia. Keywords: MoU Helsinki, the law of Government of Aceh, Exclusivity
PEMENUHAN HAK ATAS INFORMASI PUBLIK DAN PERUBAHAN SOSIAL (STUDI TERHADAP PELAKSANAAN UNDANG-UNDANG NOMOR 14 TAHUN 2008 TENTANG KETERBUKAAN INFORMASI PUBLIK) Afrizal Tjoetra; Phoenna Ath Thariq; Arfriani Maifizar
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.v4i1.1992

Abstract

The fulfillment of the right to public information has not taken place after 10 years of the implementation of Law Number 14 of 2008 concerning Public Information Openness (UU KIP). The research objective is to determine the obstacles and challenges of public agencies in carrying out their obligations and to find out social changes that apply after the implementation of the Public Information Openness Law. This research is qualitative research with a descriptive approach. Data collection relies on various literature related to research topics. The results of the study describe public agencies that have not carried out their obligations due to 4 (four) things, namely the unavailability of data in public agencies, not optimal information management and documentation officials in providing information services, the reluctance of public agencies to be open to the general public and the application of sanctions as a complaint offense. However, the implementation of the Public Information Openness Law has encouraged a social change in society through changes in behavior in public agencies and community.Keywords: Public Information, Public Agency, and Social Change.
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
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
ANALISIS YURIDIS KETENTUAN PASAL 37 UNDANG-UNDANG DASAR 1945 SETELAH AMANDEMEN TENTANG PROSEDUR PERUBAHAN UNDANG-UNDANG DASAR DALAM PERSPEKTIF DEMOKRASI KONSTITUSIONAL Putri Kemala Sari; Nila Trisna; 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.v4i2.2694

Abstract

Indonesian independence is a new era in the formation of the constitution and order of state life. Because it was at this moment of independence that Indonesia first formed its written constitution in a standardized manner and compiled it into a state sheet. The constitution is called the 1945 Constitution of the Republic of Indonesia, which has been amended four times to date. The points that become the discussion are regarding the provisions contained in Article 37 regarding the procedure for amending the 1945 Constitution whether it has applied the principles of constitutional democracy because the last amendment of the amendment to the 1945 Constitution from the provisions of Article 37 cannot be implemented anymore. The purpose of this research is to examine and analyze whether the provisions of Article 37 of the 1945 Constitution have applied the principles of constitutional democracy. The research methodology used is normative juridical with a descriptive analysis approach. Based on the results of the research on the amendment procedure of the 1945 Constitution, it adopts a method of change known as "verfassungs-anderung", namely a way of changing the constitution deliberately in the manner specified in the constitution. Then use a system of changes "constitutional reform". With the "formal juridical" pathway and completed as changes by means of "formal amendments", namely changes to the constitution which are made in accordance with the provisions contained in the constitution. So in other words Article 37 of the 1945 Constitution regarding the procedures for amending the 1945 Constitution has inspired the values of democratic principles procedurally but the substance of the provisions of Article 37 of the 1945 Constitution is not fully applied to the principles of constitutional democracy because there are still many provisions in Article 37 regarding the procedures for amending the 1945 Constitution. This still needs to be studied in depth, because of its flexible nature after the changes, but its content is still rigid and difficult to change. Keywords : constitutional, democracy, , constitutional amendment procedure
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.
Penegakan Hukum oleh Jaksa Penuntut Umum terhadap Remaja sebagai Residivis Pelaku Pemerkosaan di Kabupaten Nagan Raya Elly Yuslisa; Phoenna Ath Thariq
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.v6i2.5002

Abstract

The crime of rape is a very serious problem, a crime that is rampant today is the crime of rape against minors. In this research, the type of research used is the Juridical Empirical approach. The research location used as a place to conduct research is the Nagan Raya District Attorney's Office. Because Aceh is a special Autonomous Region and refers to the Lex Specialis Derogat Legi Generali principle, which is a special law that overrides general law, in carrying out the prosecution of this case it will be charged with Aceh Qanun Number 6 of 2014 concerning Jinayat Law. Law enforcement carried out by the Public Prosecutor must provide benefits or be efficient for the community to achieve justice. But of course there is a difference in treatment between adults and children in terms of dealing with the law. There are several factors for the occurrence of criminal acts such as factors that arise from within the individual. Crime occurs not only from factors within the perpetrator's personal self but also from factors from outside the perpetrator such as family environmental factors, and community environmental factors.
Penerapan Hukum terhadap Tindak Pidana Korupsi Anggaran Ternak (Studi Putusan No.1/Pid.Pra/2019.Pn.Lsm) Ferdy Saputra; Ramaniatun Ramaniatun; Phoenna Ath Thariq; Dara Quthni Effida
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.v6i2.6044

Abstract

The crime of corruption is a special offense which is regulated separately in the criminal law book. In the process of handling corruption cases, the principle of priority or precedence in the settlement process applies. This is in accordance with Article 25 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which states that investigations, prosecutions, examinations in court in corruption cases take precedence over other cases for prompt settlement. This study aims to determine the application of material criminal law to the crime of livestock budget corruption in the case of decision Number 1/Pid.Pra/2019.Pn.Lsm, and to find out how the judge's considerations in making a decision on the crime of corruption in the livestock budget in decision Number 1/ Pid.Pre/2019.Pn.Lsm. This study uses a descriptive normative legal research method. Sources of primary and secondary legal materials, data collection techniques are library research, while the analysis of legal materials used in this study is qualitative analysis. Based on the results of the study, it is known that the application of material criminal law to perpetrators of corruption in the livestock budget in the case of decision number 1/Pid.Pra/2019.Pn.Lsm is that in its development, pretrial arrangements are regulated in Article 1 number 10 Jo. Article 77 of the Criminal Procedure Code, there is often treatment of law enforcement officials who are not really serious in reaching the material truth so that the person concerned does not get real legal protection from the state. For that obtain real legal protection from the state. For this reason, such developments can be accommodated through whether or not the determination of suspects is legal and whether the seizure is legal or not, it has been recognized as being the area of pretrial authority, so as to minimize arbitrary treatment by law enforcement officers. It is recommended that law enforcement officers, whether prosecutors, lawyers and judges, must have good knowledge of legal science, especially regarding the criminal law of corruption. If his actions are based on the proper application of criminal law from law enforcement, a sense of justice can be felt for all people.
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.
Co-Authors Adabi, Muhammad Ikhwan Afrizal Tjoetra Apri Rotin Djusfi Arfriani Maifizar Asmaul Husna Aulia Indra Keumala Aulia, Eza Chandra Darusman S Chandra Darusman S. Elly Yuslisa Fiandy Mauliansyah Harun Harun Ilka Sandela Jalaluddin Jefrie Maulana Jefrie Maulana Jhoanda, Rahmad Johari Krisna, Liza Agnesta Lestari, Rachmatika Luh Putu Ratna Sundari Muhammad Nasir Muhammad Yunus Nila Trisna Putri Kemala Sari Quthni Effida, Dara Rahmat Djowanda Rahmat Jhowanda Ramaniatun Ramaniatun Saputra, Ferdy T. Halimah Ummi Kalsum Wan Siti Adibah Wan Dahalan Yuhdi Fahrimal Zikri Agus Ibrahim YB Zuhrizal Fadli