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Jurnal Ilmiah Hukum LEGALITY

legality
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Published by Universitas Muhammadiyah Malang

ISSN : 08546509 EISSN : 25494600 DOI : -

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international law, islamic law, criminal justice system, and the others field of law as a forum to develop the science of Law. JIHL published by University of Muhammadiyah Malang twice in a year every March and September.

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Articles 10 Documents

Search results for , issue "Vol 26, No 2 (2018): September" : 10 Documents clear

HARMONISASI REGULASI KEPEMILIKAN TANAH PERTANIAN SECARA ABSENTEE BAGI PEGAWAI NEGERI DALAM PROGRAM LANDREFORM Tristanto, Yunizar Wahyu
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Peoples needs can not be separated from the need of land . Once the importance of soil functions for society , need to be regulated in order to ensure the mastery and utilization at the same time in order to create legal certainty for the public . The problem that then arises since the start time of independence is disproportionate land ownership . In order to overcome these problems , the government has enacted Law No. 5 of 1960 About the Agrarian and the Reformation has been set TAP MPR No. IX / MPR / 2001 on Agrarian Reform and Natural Resources Management . One important aspect of the law with the enactment of the UUPA is a program of Landreform in Indonesia . Landreform became one of the alternatives for agrarian justice to resolve agrarian disputes and conflicts . one of the land reform program is the prohibition of absentee ownership of agricultural land. The problem that then occurs is the existence of exceptions in absentee land ownership . The problems regarding the permissibility of absentee ownership of agricultural land by the Servants . The exception contained in Article 3 Paragraph (4) of Government Regulation No. 224 of 1961 on the implementation of Land Distribution and Provision of Compensation. Ownership and control of agricultural soils in absentee in Article 10 Paragraph (1) UUPA is basically prohibited, but in Article 3 Paragraph (4) PP No. 224 years 1961, the government granted an exemption absentee ownership of agricultural land to some legal subjects of the Servant , retired civil servants , widows and widows of civil servants retired civil servants.

ASAS NON DISKRIMINASI DALAM CONTEMPT OF COURT Kholis, Nur
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

This research raises the title of non discrimination principle in contempt of Court with legal issue (1). Non-discrimination Principles as the basis for the application of Contempt of Court criminal acts and (2). Formulation of sanction of Contempt of Court crime by using method (1). Normative research type, (2). Approach problems that include (a). Conceptual approach, (b). Legal Approach, (c). Case approach and (d). Comparative approach. The result of this dissertation research in the form of Contempt of court is an insulting behavior, disobedient to the order of the court institution (harassment) which has been included in the criminal law realm. Contempt of court derived from common law system, not derived from countries that the legal system embraces Civil law system including the State of Indonesia. While in Indonesia first knew Contempt of Court on the enactment of Law No. 14 of 1985 on the Supreme Court of the Republic of Indonesia. The Criminal Code (KUHP) does not regulate the crime of Contempt of court, but only acts or criminal acts in the Criminal Code are categorized into the realm of criminal acts Contempt of court, so that the Judge (court) is only a legal object of action criminal Contempt of court. The Non-Discrimination Principle can be applied to the crime of Contempt of Court because all legal subjects must be equal before the law, so that the application of the principle of Non-Discrimination judges will be the subject of law, so there is a shift in the concept of being a legal subject because it is based on the principle of Non Discrimination. The norm as a Contempt of court arrangement is stated as "everyone ...".

PERTANGGUNGJAWABAN PIDANA MEDIA OT ATAS PEMBERITAAN TIDAK BENAR BERDASARKAN UNDANG-UNDANG NOMOR 40 TAHUN 1999 TENTANG PERS Maulana, Katon Fajar; Setyaningrum, Ami
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The purpose of this paper is to deeply understand criminal offense committed by the press for having announces that chief editor of the private television has caught by KPK hand fishing operation with the aim of making bombastic news, of course, the mass media in this case OT media will have a huge advantage over the news. The results showed that OT media in informing the US was caught in the KPK hand fishing Operation (KPK HFO) be accountable for their crime by the Press Law because; Based on the news that is not true, which stating that the US was caught KPK, the online media has violated Article 5 (1) of the Press Law, which determines that the national press is obliged to proclaim the events and opinions with respect religious norms and a sense of decency community as well as the presumption of innocence. In this case the media OT violates the presumption of innocence; Media OT does not carry out the role of the press as set forth in the provisions of Press law Article 6 letter C, which develop public opinion based on information that is precise, accurate, and true. Coverage improper done by media OT impressed incite people to cause controversy among the public; to determine Corporate criminal liability of the OT media is by using the theory of criminal liability Vicarious Liability, because the subject is corporate crime after the devolution of criminal liability of its officers, in this case the editor in chief in accordance with the explanation of Article 12 in conjunction with Article 18 of the Press Law. Based on the Fault made by the OT media, the online media can be penalized as provided for in Article 18 of the Press Law, which is subject to a maximum fine of Rp. 500,000,000.00.

HUKUM DALAM MENDORONG DINAMIKA PEMBANGUNAN PEREKONOMIAN NASIONAL DITINJAU DARI PRINSIP EKONOMI KERAKYATAN Hapsari, Dwi Ratna Indri
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Article 33 paragraph (4) of the 1945 Indonesian Constitution, "The national economy which is regulated based on economic democracy with the principle of togetherness, efficiency, justice, support, environmental insight, independence, and also with financial assistance in various large business activities, cheap, and small in the business partnership pattern ". The concept of the Indonesian national economy commenting on us together and explicitly in our constitution adhering to the principle of kinship agreed upon can be found in Article 33 paragraph (4) of the 1945 Indonesian Constitution, people's sovereignty also promotes Pancasila. As a developing country Indonesia cannot escape the era of globalization, international free trade. However, what makes the challenge is that Indonesia can still keep up with the flow of globalization but still in the populist economic corridor that has been conceptualized in the state constitution concerning national economic development. Law in this case has a special stake in efforts to grow the economy of a country in order to achieve national economic development.

PERUSAKAN LINGKUNGAN SEBAGAI TINDAK PIDANA TERORISME Kafrawi, Rachman Maulana
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

This research aims to identify whether the environmental destruction could be considered as terrorism and to identify why the person who damaged the environmental should be considered as a terrorist. The conclusion of this research indicates a concept which views that the person who did enviromental destruction as terrorism. This concept is textual elaboration which is contained in section 10 Law No. 15, 2003 about the eradication of the terrorism. The crime for environmental destructions which are catagorized as terrorism are as follows: The impacts of the environmental destruction and pollution exceed Baku Mutu Lingkungan Hidup (BMLH), the poisonous chemicals release in the public areas (as happened during internal armed conflict in suriah on March 2011), there are bulk of victims, and it harms and damages the strategical vital objects. Based on those criterion, the environmental destruction is considered as equal as terrorism, because they are catagorized as a crime againts humanity. The environmental destruction happens because of low obedience and awareness of people to protect and to save the environment and it could be indicator that the law enforcement for environmental protection and management has not gone well yet. Based on this concept, it is expected that the responsibility and commitment of Indonesia could be achieved in order to ensure the protection and fulfillment of the environment and human rights and to reach the aims of environmental justice.

EKSISTENSI PEMERINTAHAN DESA DITINJAU DARI PERSPEKTIF ASAS SUBSIDIARITAS DALAM UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Hariri, Achmad
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The existence of the Village Government in the perspective of Law Number 6 of 2014Â concerning Villages is increasingly clear, itâ€™s because the village is given the authority to manage and regulate its own household as known as the subsidiarity principle, while independence in managing governance in regional government is known as the principle of decentralization. This authority is given to realize the vision of the life of a prosperous and independent village government. But in the implementing regulations contrary to the concepts and principles of the establishment of the Village Law, there are several norms explicitly that village authority is still intervened by the government Supra Desa (Regional Government). The purpose of this study is to analyze the existence of village government. The results of this study recommend that there is a need for synchronization and harmonization between the regulations governing village authority, namely Law number. 6 of 2014 concerning Villages, Government Regulation Number 43 of 2014 concerning Implementation Regulations of Law Number 6 Year 2014 concerning Villages, and Government Regulation Number 60 of 2014 concerning Village Funds sourced from the State Budget.

INTEGRASI PAJAK DAN ZAKAT SEBAGAI SUMBER PEMBIAYAAN PEMBANGUNAN NASIONAL Hadiyati, Nur
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The state in carrying out his duties to achieve public welfare requires the costs described in the budget of state income and expenditure (APBN). Taxes are Indonesia's largest source of revenue, but currently have decreased. The government is aware of the potential of zakat as a source of national development financing. Then the idea emerged to integrate tax and zakat withdrawal. This study aims to provide an understanding regarding the formulation of the integration of tax and zakat starting from definition of tax and zakat, the use of tax and zakat, the institutional structure that is authorized to collect tax and zakat. The method used in this journal is normative legal research with primary and secondary legal material sources. There are three models with regard to the integration of zakat and taxes offered: (1) zakat and tax payments are two different things and cannot be put together; (2) the payment of zakat releases the obligation to pay taxes; and (3) zakat payments provide a reduction in the burden of tax payments. Integration of tax and zakat requires in-depth study.

PERSEPSI MAHKAMAH KONSTITUSI TENTANG HUTAN ADAT PASCA PUTUSAN NO. 35/PUU-X/2012 Esfandiari, Fitria
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Law No. 41 of 1999 concerning Forestry normatively provides recognition of the rights of indigenous peoples to forests. However, the issue of customary forest rights has led to various interpretations resulting in sectoral conflicts. This paper analyzes how the Constitutional Court's perceptions can postulate decisions regarding this customary forest issue. Decision of the Constitutional Court Number 35 / PUU-IX / 2012 in the case of Judicial Review of Law Number 41 of 1999 concerning Forestry against the 1945 Constitution of the Republic of Indonesia states that the position of the customary forest which currently exists within the territory of the customary law community the rights of indigenous and tribal peoples as long as in reality they still exist and are recognized. It also does not conflict with national interests in accordance with the development of society and the principles of the unitary state of the Republic of Indonesia as stipulated in the law. The research method used is a normative research method with a statutory approach. Literature study of related reading. The results showed that based on the Constitutional Court Decree Number 35 / PUU-IX / 2012 that, First, the recognition of customary forest is not state forest, Secondly, the customary forest that is intended is part of the customary area or called customary community's customary rights. Third, community rights will be recognized if the existence of indigenous peoples is determined through local regulations.

STAN PASAR SEBAGAI JAMINAN BERDASARKAN PERJANJIAN TENTANG PEMBERIAN HAK MEMAKAI RUANG (STAN) DI BANK CENTRAL ASIA Rianti, Novia
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Space rights agreement is a part of lease agreement. Leasing is an agreement that gives a right called individual rights. It is because the right to lease arises from an agreement between one legal subject to another. Thus, this right can only be accountable to the opponent of the contract in accordance with the principle of privity of contrac. A lease agreement aims at providing the right only to use the property, and not to own it. Therefore, lease agreement only gives individual rights, not property rights. On the other hand, as we know, fiduciary provides object guarantees, which is included in constitutum possessorium (the object transferred remains within the control of the fiduciary giver). The air rights, the market stall, from the agreements of rights granting, are clearly included in individual rights, rather than property, which should not be imposed on fiduciary guarantees. This research is conducted by applying doctrinal research. It adapts statute approach, conceptual approach, and case study for its methodological problem approach. This study analyzes the market stall usage rights as an object from the perspective of security laws and Fiduciary on the usage rights upon a market stall by banks. The results of the research showed that by reviewing it further using air rights perspective, the air rights upon a market stall were included in lease rights. The right to use the stall is not property rights, but is an individual right. It is based on the law of lease rights. In addition, the debtor, as the tenant, only controls the leased objects to make use of it, not for the purpose of owning it. In that way, the lease itself does not result in property rights. However, if it is reviewed further based on the air rights, this can be categorized as an object with security laws, because the air rights fulfill the requirements as an object that can be guaranteed. It is because it has economic value and can be transferred, even though it is approved by another party. Since the air rights are individual right, it cannot be used as a guarantee for pawn, mortgage, and Fiduciary.

TINJAUAN YURIDIS KONSEP MAKAR DALAM PERSPEKTIF HUKUM TATA NEGARA ISLAM Alam, Syariful
Legality : Jurnal Ilmiah Hukum Vol 26, No 2 (2018): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The treason or treason act is closer to the act of betrayal. In a constitutional law perspective, this treason is defined as the act of a person or group of people towards leadership in a country because of its incompatibility with the rules that apply in the country, so that he or they take actions that tend to "deviate" so that it can break down the leadership of a state leader. In the corner of the desert of Islam, treason or treason act can be done by a person or group of people preceded by a political conspiracy, evil consensus, and intrigue to achieve its political goals. In the Qur'an several verses are mentioned about this treason. Where all contain the notion that treason is an act or an attempt to oppose and undermine the power of someone who is not favored or considered an enemy who has conflicting indications. Both in terms of religion and worldliness by means of deception, deception, or other acts that are contrary to the religion of Islam. Starting from this context, the author wants to review specifications and indications of treason from the perspective of Islamic state governance law by taking the constellation of thoughts of classical scholars.

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