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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325 Documents
<![CDATA[KEDUDUKAN NOTARIS YANG MERANGKAP SEBAGAI DOSEN DAN MEMILIKI JABATAN STRUKTURAL DI PERGURUAN TINGGI ]]>
<![CDATA[Kartini, Rosalina]]>;
<![CDATA[Sesung, Rusdianto]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.6001
<![CDATA[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.]]>
<![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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DOI: 10.22219/jihl.v25i1.5991
<![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[ALTERNATIF PEMIDANAAN TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA DALAM KEBIJAKAN KRIMINAL DI INDONESIA ]]>
<![CDATA[Erdianti, Ratri Novita]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.6006
<![CDATA[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]]>
<![CDATA[TANGGUNG JAWAB PIDANA, PERDATA DAN ADMINISTRASI ASISTEN PERAWAT DALAM PELAYANAN KESEHATAN DESA SWADAYA ]]>
<![CDATA[Ina Ola, Clara Yunita]]>;
<![CDATA[Huda, Khoirul]]>;
<![CDATA[Putera, Andika Persada]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.5997
<![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[ARTI PENTING DELIMITASI PERAIRAN PEDALAMAN SETIAP PULAU DI INDONESIA ]]>
<![CDATA[Lestari, Maria Maya]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5990
<![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[PENERAPAN MODAL SOSIAL DALAM PRAKTEK PERADILAN YANG BERBASIS KEPEKAAN SOSIAL ]]>
<![CDATA[Aditya, Zaka Firma]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.6002
<![CDATA[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]]>
<![CDATA[KEKUATAN MENGIKAT HUKUM DALAM PERSPEKTIF MAZHAB HUKUM ALAM DAN MAZHAB POSITIVISME HUKUM ]]>
<![CDATA[Hadi, Syofyan]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5992
<![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[PELAKSANAAN MANAGEMENT PROCEDURE PENGELOLAAN SUMBERDAYA IKAN BERKELANJUTAN DI INDONESIA ]]>
<![CDATA[Chomariyah, Chomariyah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5986
<![CDATA[At the eighteenth annual meeting of the CCSBT agreed on the use of Management Procedure (MP) as a guide to total allowable catches globally against Southern Bluefin Tuna. It aims to ensure that the biomass of fish stocks can reach the target redevelopment of up to 20%. CCSBT set the allowable catch based on the results of the MP. MP aims to maintain the stability of the fishing industry reduces the possibility of the number of catches in the future to decrease. Three-year period total allowable catches globally is; 2014 is 12 449 tons, year 2015-2017 is 14 647 tons and 17 647 tons Year 2018-2020 be included ndonesia. Implementation Management Procedure by Indonesia is a resource management strategy that allows the fish formally to ensure that the fish resources can be utilized in a sustainable manner.]]>
<![CDATA[IMPLIKASI POLITIK KEBIJAKAN HUKUM PIDANA DALAM UUPLH ]]>
<![CDATA[Putra, David Aprizon]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.5998
<![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.]]>
<![CDATA[KELESTARIAN LINGKUNGAN SUMBER DAYA ALAM KELAUTAN DALAM IMPLIKASI REKLAMASI LAUT ]]>
<![CDATA[Francisca, Maria]]>;
<![CDATA[Roberto, Ignatius]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5989
<![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]]>
