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INDONESIA
Jurnal Ilmiah Hukum LEGALITY
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.
Arjuna Subject : -
Articles 291 Documents
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PEMBATASAN JUMLAH PEMBUATAN AKTA NOTARIS OLEH DEWAN KEHORMATAN PUSAT IKATAN NOTARIS INDONESIA Heni Kartikosari; Rusdianto Sesung
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

To protect the Notary Public Offices and the people who use Notary services related to the legal certainty of the deed made by the Notary, the Central Board of Trustees of the Indonesian Notaries Association issued the Regulation of the Central Board of Honor No. 1 of 2017 on the Fairness Limit of Number of Permanent Deeds. The regulation is determined by the Central Board of Trustees that the limit of fairness in the deed per day is 20 (twenty) deeds. In the fact, there are so many notaries that broke the regulation. So, it must be cleared by a juridical research against that phenomenon. The research method used is normative legal research, that is legal research conducted by examining library materials or secondary law material while in searching and collecting data is done by two approaches, that is law approach and conceptual approach.
KEKUATAN HUKUM PELIMPAHAN WEWENANG DARI DOKTER KEPADA NERS DITINJAU DARI ASPEK PIDANA DAN PERDATA Aning Pattypeilohy; Sutarno Sutarno; Adriano Adriano
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

This study aims to provide an overview of the power of law in the delegation of authority from the doctor to ners both in writing and not written. In performing health services, especially in performing medical acts, it is necessary to transfer the authority of medical personnel to health personnel in order to create a comprehensive and quality health service, this has been regulated in related legislation. Ners is a profession professional and independent, in carrying out its professional duties ners work in accordance with service standards, standard operating procedures and the provisions of the Act-legislation. As a health worker, the ners may receive a delegation of authority only in writing from the doctor to him or her so that the delegate has the force of law. With the delegation of authority in health services, if there is a loss or legal problems in the future, doctors as authors and recipients of authority can be held accountable both criminal and civil.
KEDUDUKAN NOTARIS YANG MERANGKAP SEBAGAI DOSEN DAN MEMILIKI JABATAN STRUKTURAL DI PERGURUAN TINGGI Rosalina Kartini; Rusdianto Sesung
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Characteristic of Notarial as an esoteric science brings consequence which makes this science cannot be taught to person who does not possess knowledge within this field.  In order to produce high quality candidates of notary public, Some University as educational agency of notarial science provides structural position for notarial practitioner to become lecturer in Notarial Master Program at the University. This approach is conducted to adjust between learning curriculum of notarial science and learning outcome of the graduates as notary public. But this approach is obstructed with rules that are enacted in Regulation of Notary Public (Undang-Undang Jabatan Notaris) which prohibit notary public to hold double positions as lecturer coupled with practitioner.
PENERAPAN MODAL SOSIAL DALAM PRAKTEK PERADILAN YANG BERBASIS KEPEKAAN SOSIAL Zaka Firma Aditya
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

The judiciary is an institution that should reflect on justice sought by justice seekers. But the fact is different; justice becomes one of the institutions with a high level of public distrust. The actual social capital has been present and is present in the community but has not yet been functioned and used further, especially by law enforcement officers making law enforcement in Indonesia far from expectations. In fact, the concept of modern justice has been triggered at international meetings that not only prioritize formal legal aspects but also the intellectual, emotional and spiritual aspects of law enforcement as well as social capital. In an effort to bring about a legal state with progressive legal practice will greatly depend not only on good legislation but much more dependent on law enforcement officials as implementers of the law
EKSISTENSI PRAKTIK JUAL GADAI (ADOL SENDE) PADA MASYARAKAT DUSUN PENTONG KELURAHAN SELOREJO KECAMATAN PUNDHONG KABUPATEN BANTUL Nur Putri Hidayah; Inda Rahadiyan
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Adol sende is a form of assurance that currently exists in rural and indigenous communities. Adol sende is implemented as an effort to fulfill people's life needs. But in practice, there is an extortion element in the implementation of adol sende because the object of guarantee is too long controlled by the creditor (controlled and used). This causes the debtor does not get the economic rights of the land which is used as the object of adol sende. In Article 7 of Act Number 56 Prp.1960 the government provides a limitation of the timing of adol sende implementation to overcome the extortion in farming practices. The purpose of this research is to know how to implement pawn transaction (adol sende) and constraints faced by people who live in Pentong Hamlet, Selorejo Subdistrict, Pundhong District, Bantul Regency in connection with the implementation of Article 7 of Law Number 56 Prp 1960. The research method is empirical sociology, research location is Pentong Hamlet, Selorejo Village, Pundhong District, Bantul Regency. The result of the research is the implementation of adol sende by the people of Pentong Hamlet, in relation to the implementation of Article 7 of Law Number 56 Prp 1960, there was no harmony. The Pentong community remains in their living law, where the implementation of adol sende is unlimited. The obstacles in the implementation of adol sende consists of 2 things, internal constraints because of ignorance of the community itself over the time limits set by the government. While external constraints exist in the absence of education in the form of socialization of the government against the provisions of Article 7 of Law Number 56 Prp 1960.
HARMONISASI PERDA NOMOR 4 TAHUN 2011 TENTANG RTRW KOTA MALANG DENGAN PERUNDANG-UNDANGAN BIDANG LINGKUNGAN HIDUP Surya Anoraga
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Law that positively regulates the imposition of civil sanctionx, administrative sanctions and criminal sanctions as regulated in Law Number 26 of 2007 on Spatial Planning and more on the local regulation Malang No. 4 of 2011 on Spatial Planning Malang Year 2010- 2030 (RTRW). Administrative and criminal sanctions as a sanction premium remedium while criminal sanctions as a sanction ultimum remedium. Former Act and regulation are still not meticulous in designing/forming. That is evidenced still weakness in some of the provisions in the legislation are still related to civil sanctions, administrative and ceiminal. The legislator has not been meticulous in making decisions RTRW. Hence it need for harmonization between laws and regulations both at the level of local regulations and at the level of the Act.
MODEL PENGUJIAN PERATURAN PERUNDANG-UNDANGAN SATU ATAP MELALUI MAHKAMAH KONSTITUSI Sholahuddin Al-Fatih
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Post-reform of the role of judicial institution is run by two institutions namely the Supreme Court and the Constitutional Court. The duties and authorities of the two institutions are regulated in the Constitution of the Republic of Indonesia 1945 and the act that addresses the three institutions more specifically. Several powers possessed by the Supreme Court and the Constitutional Court, one of them is the authority to judicial review. The Constitutional Court is authorized to review the act on the Constitution of the Republic of Indonesia 1945, while the Supreme Court is authorized to review under the Act on the above legislation.The unfairness of the regulatory testing function is feared to trigger bureaucratic inefficiency. Based on data released by the Supreme Court Clerk, it was recorded during 2016 that the Supreme Court received 18,514 cases, including the Hak Uji Materi (HUM) subject to legislation under the Act. While the number of cases of judicial review of the Constitutional Court in 2016-2017 amounted to only 332 cases. Therefore, it is necessary to conduct a bureaucratic reform and provide new ideas related to the model of one court of judicial review in Indonesia. So that in this paper will be discussed deeply about problematic of judicial review in Indonesia and the authority of the Constitutional Court to review the act under one roof with SIJURI mechanism.
ALTERNATIF PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DALAM KEBIJAKAN KRIMINAL DI INDONESIA Ratri Novita Erdianti
Legality : Jurnal Ilmiah Hukum Vol. 25 No. 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Narcotics crime in Indonesia becomes a problem that until now never ceased. One of the problems is the increasing number of narcotics abusers. In our country, narcotic users/narcotics addicts can already be said as a criminal offender. In the Narcotics Act no. 35 of 2009 explained that what are meant by Narcotics Abusers are people who use Narcotics without rights or against the law. Persons who use narcotics unlawfully and unlawfully herein may be classified as addicts and distributors who use and conduct circulation. In the narcotics law, a drug addict victim of narcotics must undergo medical rehabilitation and social rehabilitation. But in reality, the article for narcotics abusers is more directed at other positions in the positions of dealers whose criminal consequences become imprisonment. This is for the author less appropriate. So that efforts made in solving cases of perpetrators of criminal acts become part of criminal policy in the context of the prevention of narcotics crime. The problem that the writer raised is about the relevance of criminal prison for narcotics abusers with the purpose of punishment and how the application of alternative punishment against narcotics abusers from the perspective of criminal policy. This study was conducted using normative juridical, which examines Law no. 35 of 2009 which regulates the form of punishment for the perpetrators of narcotics abuse is associated with the theories in criminal law
LINGKUNGAN HIDUP SEBAGAI SUBJEK HUKUM: REDEFINISI RELASI HAK ASASI MANUSIA DAN HAK ASASI LINGKUNGAN HIDUP DALAM PERSPEKTIF NEGARA HUKUM Abdurrahman Supardi Usman
Legality : Jurnal Ilmiah Hukum Vol. 26 No. 1 (2018): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Inspired by “Should Trees Have Standing? Toward Legal Rights for Natural Objects” (Christopher D. Stone, 1974) that popularized the doctrin: “environment as a legal subject”. This thesis was directly elaborating the relation between the constitutional aspect of the “state of law” and its admission of environmental rights, not just about the dimention of the philosophy of law but beyond of it: this thesis was discuss about the theoretical dimention of law and its relevance in Indonesia. At least there are two monumental cases in the world which were become the landmark case of environmental disputes resolution based of by the doctrin of ecocracy. In the dissenting opinion of the judge William O. Douglas in Sierra Club vs Morton’s case, United Stated of America (1972) and in the appeal decision of the Wheeler vs the Government of the provincial of Roja’s case, Ecuador (2011). Those cases had opened a new perspective in the legal proceeding that the environment had be approved as a legal person. In other words, the environment had recognized as a legal subject. Then, by using the conseptual approach and comparative of law approach, this thesis had elaborated the relevance of this doctrin: “The Environment as a Legal Subject” in Indonesian context then verified it with the related legal theories. Besides it all, in this thesis also discuss the relation between of the environmental legal protection and the state of law concept in the ecocracy and constitualism perspective framework. Hopefully this thesis would be the steping stone to realize the constitutionalisation the environment rights and to realize the legal standing innovation in the environmental disputes resolution.
TINJAUAN ATAS PERMASALAHAN PENEGAKAN HUKUM DAN PEMENUHAN HAK DALAM KONTEKS UNIVERSALIME DAN RELATIVISME HAK ASASI MANUSIA DI INDONESIA Ridwan Arifin; Rasdi Rasdi; Riska Alkadri
Legality : Jurnal Ilmiah Hukum Vol. 26 No. 1 (2018): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

The four principles of freedom (four freedoms) include freedom of speech and expression, freedom of religion and belief, freedom from want, and freedom from fear, are basic principles recognized by countries and translated into many more specific forms of human rights fulfillment human. The fulfillment and protection of human rights is one indicator of the progress of a country. The scope of fulfilling human rights that covers a very broad field, from education, health, to law enforcement, is a challenge. The UN Security Council 2017 Universal Periodical Review (UPR) session provides recommendations for strengthening human rights in Indonesia, including the ratification of international human rights instruments, the continued cooperation of UN human rights, the abolition of the death penalty, matters related to sexual orientation and efforts to protect tolerance and diversity. The Commission for Missing Persons and Victims of Violence (Kontras) 2017 records 84 cases of violence and human rights violations that occurred. The issue of interpreting different human rights standards is one of the causes of this high problem in Indonesia. Many different interpretations are caused by the running of different political systems of state administration, causing the implementation of human rights fulfillment to be different. This paper looks at and compares the practices of human rights enforcement covering the four principles of freedom in Indonesia. This paper will compare the implementation of human rights standards and norms in national domestic practices based on international human rights principles and norms.

Page 17 of 30 | Total Record : 291

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