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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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PROBLEMATIKA PELAKSANAAN PENDAFTARAN TANAH MELALUI PENDAFTARAN TANAH SISTEMATIS LENGKAP DI KOTA BATU Isdiyana Kusuma Ayu
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Systematic and Complete Land Registration (PTSL) is a program organized by the Government to assist the public in obtaining the certificate of the land. Batu City is one of the cities in Indonesia that follow to help communities that PTSL majority among those yet to register their land to Office land Batu City. The purpose of this research is to describe the implementation of PTSL in Batu City and analyze its land registry through systematic land registration in Batu City and the efforts complete. The method used in this research is juridical-empiric research method using juridical sociological approach. The role of Councilor and community groups are very important in the implementation of PTSL in Batu City. Problems found in the implementation of PTSL in Batu City, namely the object ground warranted, a period of physical and juridical data announcement 14 working days, an affidavit of Ownership in good faith as a replacement deed of passage, delay in paying taxes of the land, the lack of human resources, and Absentee Land and The forbidden land in Batu City.
ANALISIS YURIDIS KEWENANGAN PENYELESAIAN SENGKETA PEMBIAYAAN KONSUMEN DI INDONESIA Afrizal Mukti Wibowo; Sukarmi Sukarmi; Siti Hamidah
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Consumer financing disputes can be resolved by litigation and non-litigation. However, the choice of dispute resolution raises an competence dispute between dispute resolution institutions. Thus giving rise to legal uncertainty and losses for the parties to the dispute. The purpose of this study is to analyze the competence of consumer financing dispute resolution institutions in Indonesia. This research is a normative juridical approach with a legal, conceptual and case approach. The results of this study are that each dispute resolution institution has the attribute attributive in resolving consumer financing disputes. The competence to settle consumer financing disputes for each settlement institution must pay attention to two aspects, including the types of consumer financing disputes; and the choice of dispute resolution based on the agreement of the parties.
PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUSIA BERDASARKAN TITLE EKSEKUTORIAL Benny Krestian Heriawanto
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

The existence of collateral institutions is very important for creditors particularly to provide certainty over the fulfillment of their rights. In Indonesia there are several collateral institutions, one of which is fiduciary, as a collateral institution, fiduciaries have advantages and disadvantages, especially in carrying out executions, therefore it is necessary to know how the execution of fiduciary collateral objects, especially executions that are based on executorial titles. This paper is based on normative juridical research, with a legal and conceptual approach. According to the research it can be concluded that based on the provisions of article 30 of the Fiduciary Law, with an executorial title, the creditor is given the right to repossess so that the creditor can directly take the object of fiduciary collateral.
PERLINDUNGAN HUKUM ATAS DATA PRIBADI BAGI KONSUMEN DALAM KLAUSULA EKSONERASI TRANSPORTASI ONLINE Muhammad Saiful Rizal; Yuliati Yuliati; Siti Hamidah
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

The exoneration clause is still used in the online transportation agreement clause, when the user registers. This has an impact on the legal uncertainty for consumers in the protection of their personal data managed by the application business actors. This study aims to analyze the presence or absence of violations in Article 18 of the Consumer Protection Law related to exoneration clauses in online transportation, and forms of legal protection of consumer personal data in standard contracts. This research is a normative legal research, with a statue approach and comparative approach. The results of this study are that application business actors have transferred the responsibility of protecting consumer personal data which should be the obligation of the application business actor. The application of exoneration clauses carried out by application businesses is very detrimental to consumers by feeling insecure and comfortable in using online transportation services. Forms of legal protection from the government related to consumer personal data in using online transportation services with the obligation of businesses to revise and replace losses suffered by consumers.
ANALISIS HISTORICAL TRADITIONAL FISHING RIGHT PADA ZONA EKONOMI EKSKLUSIF (ZEE) INDONESIA Satria Unggul Wicaksana Prakasa; Al-Qodar Purwo
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Indonesian people are shocked by the case of the Chinese Fisheries (KM) with the name KM Kway Fey 10078 which is categorized as a Foreign Fish Boat (KIA) fishing around the Natuna Islands waters which are the territorial waters of the Indonesian EEZ. The concept of historical traditional fishing ground towards waters in the Natuna sea region which in fact is still an Indonesian EEZ area needs to be further analyzed. The formulation of the problem in legal research are: (1). Theoretical and regulatory regarding Historical Traditonal Fishing Ground based on UNCLOS 1982. (2). The provisions of IUU Fishing are based on UNCLOS 1982 and Indonesian legislation is applied in the case of Historical Traditonal Fishing Ground which catches fish in Indonesian (EEZ) waters. Legal research methods are used with statute approaches and conceptual approaches. The results of this research are (1). If without a bilateral agreement, it is in accordance with the UNCLOS 1982 Historical Traditions of Fishing Ground is categorized as one of the IUU Fishing and violations of jurisdiction and territorial integrity of Indonesia, where Indonesian legal authorities have the right to take action on every fisherman who claims to have traditional fishing rights in accordance with Indonesian legal mechanisms. (2). Needs support from countries to implement policies, programs, and practices from these countries to make this rule implementable, so that there is an impact of remedy for countries that are considered to do IUU Fishing under the pretext of using historical traditional fishing right, then fish commodities arrested was prohibited from being traded on the international market, because the commodity was captured from a process of violation of international marine law and violation of jurisdiction and sovereignty of the State.
REKONSTRUKSI PENGATURAN PEMBINAAN LEMBAGA KEOLAHRAGAAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 19/PUU-XII/2014 Hermawan Dwi Putra; Tunggul Anshari; Muhammad Lutfi
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

The study, titled “Reconstruction Of The Sport Institute Coaching Arragements In Legislation”  aims to analyze the No. 3 Year 2005 about the National Immune System in the second generation of adults, the political system in Indonesia and the form of breaking up in the Constitution. The method used in this study is normative legal research, the approach taken Law approach, historical approach and comparative approach, there are three sources of legal material, namely the source of primary, secondary and tertiary legal materials. The legal material collection technique analyzes the Minutes of the Indonesian National System, a study of students by collecting and analyzing the population, as well as researchers from the internet. The analysis of the law in the study with descriptive descriptive techniques of the. The results showed that the problem can be concluded as the cause of the obscurity of the norms of the National Sports Committee in 36 articles (1) and (3), based on the SKN Draft Bill, the KONI is written National Sports with the aim to protect the citizenship of KONI. KOI only has to go to the internet and it will take an internal competition. The overlapping of authority in the development of sports due to the absence of legal certainty. Giving the concept of setting up KONI and KOI after being in the mid-1980s, KONI and KOI will eventually be led by a third, Reconstruction in the SKN Law makes it appear that it has a disadvantage so it does not cause conflict.
KEWENANGAN PEMERINTAH DAERAH DALAM PENGATURAN LARANGAN PENAHANAN ATAU PENYIMPANAN DOKUMEN ASLI PEKERJA OLEH PENGUSAHA Sinda Eria Ayuni; Sudarsono Sudarsono; Tunggul Anshari
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

The prohibition or recommendation for the detention of workers 'original documents is not clearly stipulated in the labor law so that some employers detain or retain workers' original documents to be made to bind workers. This is permissible if it becomes an agreement between workers and employers, but of course there will be some risks borne by workers if the original documents are guaranteed. In this case a clear and definite rule is needed regarding the prohibition of hold or save of original documents of workers by employers as an effort to protect workers. The government has the authority to make regulations that can protect workers from arbitrary rules made by employers
STUDI TERHADAP TINDAKAN PENYIDIK DALAM MENANGANI SINDIKAT PENADAHAN ATAS OBJEK JAMINAN HASIL TRANSAKSI FIDUSIA DI POLRESTA MALANG Yohana Puspitasari Wardoyo; Fery Kusnaini Afandi
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

The criminal act of unconscious fiduciary collateral is often experienced by many people, various modes of operation are also carried out. This has become a common secret for law enforcers, especially the police who receive reports too often of alleged criminal offenses. As for the formulation of the problems are: 1) What are the actions of the Investigator to uncover the Penal syndicate for the object resulting from the Fiduciary collateral transaction; and 2) What are the Obstacles of Investigators in handling criminal acts of overcoming objects of fiduciary collateral transaction results. The approach in this study uses a mixed approach, there are conceptual approach and sociological approach. The results of the study: that in carrying out law enforcement criminal acts fiduciary collateral objects in the Malang City Resort Police are very weak, it needs special handling to eradicate criminal offenses that often occur by syndicates or certain groups.
THE CRIMINAL LIABILITY OF ARTIFICIAL INTELLIGENCE: IS IT PLAUSIBLE TO HITHERTO INDONESIAN CRIMINAL SYSTEM? Rofi Aulia Rahman; Rizki Habibulah
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

The pace of technology evolution is very fast. The technology has brought us to the limitless world and becoming our ally in every daily life. The technology has created a visionary autonomous agent that could surpass human capability with little or without human intervention, called by Artificial Intelligence (AI). In the implementation of AI in every area that could be in industrial, health, agriculture, artist, etc. Consequently, AI can damage individual or congregation life that is protected by criminal law. In the current Indonesian criminal system, it just acknowledges natural person and legal person (recht persoon) as the subject of law that can be imposed by criminal sanction. Hitherto and near foreseeable future AI has a notable role in every aspect, which affects also criminal aspects due to the damage resulted. AI has no sufficient legal status to be explained in the Indonesian criminal system. In this paper, the author will assess whether the current criminal system of Indonesia can sue the criminal liability of artificial intelligence, and also will make it clear to whom the possibility of criminal liability of artificial intelligence shall be charged.
RECONSTRUCTION OF MARRIAGE ZONATION IN ISLAMIC LAW PERSPECTIVE Syariful Alam
Legality : Jurnal Ilmiah Hukum Vol. 27 No. 2 (2019): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

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Abstract

Zoning, a limitation system that is so widely discussed today, focuses initially on the education system in Indonesia, namely on the problem of admission of new students which began in 2017. One of these policy settings is for children to be educated in areas close to residence. This system is often connected by the public with the search for a partner to get married. Based on normative Islamic law research, marriage in Islam does not provide specific restrictions regarding this zoning in finding a partner. However, this zoning can be implicit in the recommendations of marriage in Islam. Bringing up conflict that has become a topic of discussion in many media and communities, which in the end, can create a solution for couples who find it difficult to find a life partner as well as presenting internal conflicts that pertain to the realm of privacy, intersect with the right of humans to freely choose from and where their partners. Regardless of a marriage that leads to the coercion of one partner or coincidence of finding the right partner according to the zoning where the couple lives.

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