Jurnal Ilmiah Hukum LEGALITY
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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291 Documents
<![CDATA[PERAN NEGARA DALAM PENGELOLAAN SUMBER DAYA KELAUTAN BERBASIS KEARIFAN LOKAL UNTUK KESEJAHTERAAN YANG BERKEADILAN ]]>
<![CDATA[Rachmad Safaat]]>;
<![CDATA[Dwi Yono]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Marine and coastal area management is necessary to be operated comprehensively and sustainable. The existence of indigenous peoples and traditional society has a role in the marine and coastal areas management, but the legislation has not been fully giving more protection in its management. Economic base development, generally often ignore local society wisdom, so that a clean environment is being polluted as a result of that waiver. Development that materialistic value oriented, only the physical build that actually provide benefits to investors and not the community itself. What kind of justice that ideally obtained by indigenous and traditional peoples to achieve justice that bring prosperity? The government has neglected and must fix the policies in the legislation as a foundation for development without neglecting the indigenous people themselves. Equitable development not just physically, but sustainable development to preserve nature by observing local society wisdom that have taken place to the next. The government still considered neglectful for environmental management.]]>
<![CDATA[ILLICIT ENRICHMENT DALAM PENEGAKKAN HUKUM PENGAMBILAN IKAN SECARA TIDAK SAH (ILLEGAL FISHING) DI WILAYAH PERAIRAN INDONESIA ]]>
<![CDATA[Endiyono Raharjo]]>;
<![CDATA[Rio Saputra]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[With a sea area of more than 5.8 million km² Indonesia into the fields were wet for the perpetrators of illegal fishing, but it is not only those involved in illegal fishing are committing exploitation of marine resources in it, due to ease and expedite actions of those involved in illegal fishing have interference from government officials and private entrepreneurs who help in exploiting marine resources in it. Illicit enrichment officials and private entrepreneurs in committing permudahan and facilitate the exploitation of marine resources by those involved in illegal fishing would be a bad precedent for officials and the private sector, which should keep and explore marine resources so that their needs and income that should belong to the state. Government that is supported by law enforcement in the rigor and candor regulations should be able to make the deterrent effect of government officials and private entrepreneurs who do illicit enrichment.]]>
<![CDATA[KELESTARIAN LINGKUNGAN SUMBER DAYA ALAM KELAUTAN DALAM IMPLIKASI REKLAMASI LAUT ]]>
<![CDATA[Maria Francisca]]>;
<![CDATA[Ignatius Roberto]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Reclamation is a process of making new land on land that was previously covered by water, such as river banks or coastal coasts. The new area is usually used for residential areas, industry, business, air ports, agriculture, and tourism; in fact this reclamation has a positive and negative impact on the environment and surrounding communities. The Government has provided special arrangements for the spatial plan (RTRW) of each region including the sea, but its implementation is not aligned with more attention to the economic impact than the conservation of its natural resources. The research method used is descriptive analytical and explorative, to obtain an overview of marine policy for the utilization of marine reclamation that still pay attention to the environment and its resources. The reclamation of the sea causes a disruption of the ecosystem that causes many fishermen to lose their livelihood and cause natural disasters in other locations outside the reclamation area]]>
<![CDATA[ARTI PENTING DELIMITASI PERAIRAN PEDALAMAN SETIAP PULAU DI INDONESIA ]]>
<![CDATA[Maria Maya Lestari]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Maritime zones of the sovereignty of the Indonesian archipelago can be divided into inland waters, archipelagic waters and territorial sea. But only in the inland waters of Indonesia have absolute sovereignty without any other state right. In order to guarantee and maintain the sovereignty of the country in the inland water zone from overlapping interests and rights of other countries in the zone of Indonesian maritime sovereignty, Indonesia should immediately establish the limits of delimitation of the inland waters and establish legislation to prevent violations of the sovereignty of Indonesia's inland waters territory by the state other. Delimitation of each islands is considered very important in order to maintain the security and defense of the country. The government must immediately establish inland water areas and ports considered strategic and vital to the defense and security of the country. Areas that are considered important this can be closing and banning to enter and / or stopover. So our marine law is firm and we can become a sovereign country in the sea region.]]>
<![CDATA[EKSISTENSI ROADSTEADS DAN PEMANFAATAN HAK EKONOMI DI LAUT ]]>
<![CDATA[Marlina Marlina]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Roadsteads are part of the territorial sea. The function of Roadsteads in the utilization of economic rights at sea lies in the purpose of keeping in the form of surveillance, prevention of violations and law enforcement in the territorial sea. By default the setting of the 12-mile freeway is an additional zone where special and limited jurisdiction is applicable. So the role for keeping purpose can still be applied in the zone. While on the purpose of managing the fields in ZEE and LK then the existence of Roadsteads as facilities provided by the State coast as one form of temporary arrangement. This form of provisional arrangement is directed at the sustainable use of economic rights. UNCLOS stipulates that temporary, practical arrangements can be taken in the event that there are slices in ZEE and LK between two opposing and contiguous States. Where the utilization of economic rights at sea that provides opportunities to other countries are in space ZEE and LK. The room where there are many violations due to the unfinished issue of mutually agreed limitations. The existence of Roadsteads is able to answer the pattern of maintaining and managing related to the utilization of economic rights at sea. Through library search and related rules, the author tries to provide conceptual answers in the study of Roadsteads and the utilization of economic rights at sea.]]>
<![CDATA[KEKUATAN MENGIKAT HUKUM DALAM PERSPEKTIF MAZHAB HUKUM ALAM DAN MAZHAB POSITIVISME HUKUM ]]>
<![CDATA[Syofyan Hadi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The existence of society is always followed by the existence of law. It indicates that society and law can not be separated from one another. The law is not only an instrument to create security and order relationships between individuals and other individuals in society. However, the law is also an instrument of morality that enters the human ratio to create justice. Related to that, in law there are two most famous schools of law, the school of natural law and legal positivism madhabab. Through the literature study approach, this study tries to answer the strength of binding power between the school of natural law and the school of legal positivism of the School of Natural Law sees the law as a reflection of morals, ethics and justice. While the legal positivism madhhab see law as a sovereign command that has nothing to do with morals, ethics and justice]]>
<![CDATA[PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR ]]>
<![CDATA[Farihan Aulia]]>;
<![CDATA[Sholahuddin Al-Fatih]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.]]>
<![CDATA[UPAYA HUKUM PERMOHONAN EKSEKUSI TERHADAP PUTUSAN NAFKAH HADHANAH (Studi Pelaksanaan Putusan Terhadap Putusan Pengadilan Agama Nomor : 0957/Pdt.G/2014/PA.MLG) ]]>
<![CDATA[Tinuk Dwi Cahyani Cahyani]]>;
<![CDATA[Komariah Komariah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The judge's ruling on the provision of a living has to be protected from legal certainty and justice in the decision Number: 0957 / Pdt.G / 2014 / PA.Mlg if the Petitioner (Defendant) is a civil servant (PNS). Implementation of the provision of income by the Petitioner (Defendant Reconciliation) to the Respondent (Plaintiff of Reconstruction) in the decision Number: 0957 / Pdt.G / 2014 / PA.Mlg. The supporting or inhibiting factor in the provision of the provision of income by the Petitioner (Defendant) to the Respondent (Plaintiff) in Decision Number: 0957 / Pdt.G / 2014 / PA.Mlg which has permanent legal force. To know the implementation of the decision, it is necessary to do research which is a sociological juridical research, using Primary data type which is a decision Number: 0957 / Pdt.G / 2014 / PA.Mlg. Data collection using the analysis of the decision that has been legally fixed (inkracht), interviews, documentation and literature study. The study was taken from the decision of the Panel of Judges in the Religious Courts of Malang and the interviews of the Respondent / Plaintiffs of Reconstruction. in order to be a reference for readers. Meanwhile, there are still obstacles in Malang education office that can not be interviewed because it is not willing to be questioned or information on the grounds there has never been a similar case. The result of research has been done by the researcher that the Petitioner / Defendant of Reconstruction does not fulfill its obligation as it existed in the ruling Decision Number: 0957 / Pdt.G / 2014 / PA.Mlg which is the basis of judge consideration already has elements of justice for the parties because it is in accordance with the circumstances and the ability of the parties to perform their respective obligations. Applicant/Defendant Rekonpensi able to carry out its obligations as an educator as well as a Civil Servant (PNS). Since the verdict was read by the Panel of Judges who had been inkracht, the Petitioner / Defendant of the Reconstruction for three years ignored or neglected his obligations (hadhanah's living). No seizure of guarantee or sanction if Petitioner / Defendant Reconcile neglects to its obligation.]]>
<![CDATA[TANGGUNG JAWAB PIDANA, PERDATA DAN ADMINISTRASI ASISTEN PERAWAT DALAM PELAYANAN KESEHATAN DESA SWADAYA ]]>
<![CDATA[Clara Yunita Ina Ola]]>;
<![CDATA[Khoirul Huda]]>;
<![CDATA[Andika Persada Putera]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[This study analyzes the accountability of nurse's assistant in performing health service practices of people in swadaya village. This research uses a statue approach and conceptual approach. The act of health service which is often given by nurse's assistant to people in swadaya village is one form of health service which is done outside of the authority that should be done by the authorities in accordance with the rules and applicable law. The unequal distribution of health workers necessitates the nurse's assistant in performing medical practice to perform medical action so that it requires clear legal protection. nurse's assistant in performing acts outside of their authority have legal responsibility. The results showed that nurse's assistant in doing the practice outside of its authority to people in swadaya village can be held accountable of criminal, civil and administrative law, therefore it is expected for the government to be able to create policies or regulations so that in the legislation can be explained about the protection of law and legality for nurse's assistant in swadaya village, so there is a legal force for nurse's assistant in doing health service.]]>
<![CDATA[IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH ]]>
<![CDATA[David Aprizon Putra]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Political Law is one of the discourses that control the existence of law.One of the realm of law that has recently received the spotlight and serious attention. Particularly related to the legal political option is the environment law that increasingly strong day include criminal law enforcement in law enforcement. There are some weak things that then have negative implications, against the enforcement of environmental laws related to the lack of cautious political choice. Since 1982 in Law No. 4 of 1982 on the Principles of Environmental Management which was changed in 1997 into Law No. 27 of 1997 on Environmental Management, the legal politics of criminal law policy has been conducted, that the criminal law policy in the realm of the environment is already a choice of legal politics in the realm of environmental law. Law Number 32 Year 2009 About PPLH as the latest generation, adds Chapter XV of the Criminal Code in its charge of 23 Articles. Law Number 32 Year 2009 contains a much more complete criminal provision than Law Number 23 Year 1997. Although there is still much to be fixed on the provisions of Law Number 32 Year 2009. Base on research shows that there are special procedural laws that regulate formal law enforcement. It is based on the principle of ultimum remedium which means that the implementation of the criminal law must wait until the effectiveness of administrative law is upheld. To minimize obstacles in enforcing environmental laws which are sometimes used by political elites to seek profit, formal laws against environmental crimes should be set up specifically with the Act.]]>
