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INDONESIA
Ajudikasi : Jurnal Ilmu Hukum
Published by Universitas Serang Raya
ISSN : 26139995     EISSN : 26140179     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Adjudication: Journal of Law for contains a research results and studies in various fields of legal science. Journal adjudication is published 2 (two) times a year in June and December. Journal adjudication has been registered at the Scientific Documentation and Information Center (Pusat Dokumentasi dan Informasi Ilmiah - PDII) of the Indonesian Institute of Sciences (Lembaga Ilmu Pengetahuan Indonesia - LIPI) with ISSN Number 2613-9995 (print) and 2614-0179 (online). The manuscript published in the journal of adjudication will be published by Faculty of Law of Universitas Serang Raya, both printed and online through the Open Journal System (OJS) at http://e-jurnal.lppmunsera.org
Arjuna Subject : -
Articles 129 Documents
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LEGAL PROTECTION OF DEBUS ARTS IN THE ADVANCEMENT OF LOCAL UNIQUENESS-BASED CULTURE Purwaningsih, endang; Islami, Irfan; Basrowi; Agil, Achmad Said
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9430

Abstract

This research aims to (1) analyze the form of legal protection of Debus art both in cultural advancement regulation and in copyright; and (2) propose a Model that is appropriate in enhancing the role of related stakeholders in Banten Province for the implementation of Debus protection. This research falls under normative juridical research emphasizing secondary data supported by interviews with informants as supporters, examining positive law (IPR/Copyright and Cultural Advancement). The output of this research is targeted for a scientific publication in the form of a model to increase the role of stakeholders for the protection of Debus Banten. The research results show that 1. The form of legal protection of Debus art needs to be enhanced not only through preservation carried out by Debus performers and their associations, but also stakeholder synergy in regulation, promotion, and education. There are 4 pillars namely protection, development, guidance, and utilization, which are continuously strived for optimally. 2. The appropriate model in enhancing the role of related stakeholders in Banten Province for the implementation of Debus protection, with the optimization of the role of local governments in implementing 4 pillars, plus partnership patterns and partisanship
The Urgency of Land Tenure without Rights as a Result of Wrongful Acts of Law Nirwan Junus; Nurul Fazri Elfikri
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9441

Abstract

The purpose of this research is to find out more about land tenure without rights due to illegal acts. The research method used in this research is the empirical research method by taking a qualitative approach. The result of this research is that it is clear that both parties have agreed to exchange their land which has been outlined in the minutes. The agreement occurs when an agreement is reached between the parties making the agreement, so that the perpetrator's actions are included as unlawful acts. The elements that are fulfilled are the existence of an action that has been carried out by the perpetrator by continuing to control land that does not belong to him; the action must be against the law; and the action causes harm to the heirs. Furthermore, compensation for ownership of land rights due to unlawful acts must compensate the person whose fault caused the loss, either in the form of money or in the form of returning to the original state. The amount of compensation depends on the size of the claim filed by the injured party. The size of the compensation fee is measured by looking at the object of the dispute, the grace period, and the costs incurred in deliberation efforts. However, until now there is no good faith from the perpetrator to return or compensate for his actions
CHARACTERISTICS CYBER CRIME AND DYNAMICS OF THE IMPLEMENTATION LOCUS DELICTI THEORY BY LAW ENFORCEMENT OFFICIALS IN INDONESIA Shidiq, Muhammad Permana
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9466

Abstract

Abstract The implementation of the locus delicti theory in cybercrime faces various complexities. This is due to the special characteristics of cybercrime, where the use of computers as a tool of crime often results in the perpetrator, victim, and impact of the crime being in different locations. This condition has caused debate among law enforcement officials regarding the determination of the right location as the place where the crime occurred. The purpose of this research is to see the implementation of the locus delicti theory in cyber crime by law enforcement officials in Indonesia. The research method applies normative juridical, as well as the descriptive nature of analysis. This research approach uses a theoretical approach, legal principles, a legal rule approach, and a case approach collected through literature studies, data collection techniques, and interviews. After all the data is collected, it is then analyzed qualitatively to produce several conclusions. The locus delicti theory has a necessary position in law enforcement efforts. However, in practice, this theory is not always applied in every case of cyber crimes, but only becomes a reference when the provisions in Article 84 Paragraph (2) of the Criminal Code cannot be applied optimally. Therefore, regulatory reform and a more flexible approach are needed in the application of locus delicti theory in the future.
War Booty in the Perspective of International Humanitarian Law: A Side Effect of Armed Conflict in Afghanistan Lia Yulia; Zurria Sakinah; Danial
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9493

Abstract

War booty is a valuable object including military equipment taken forcibly from the opposing party during the war. The purpose of conducting war booty is to weaken the opposing party. The problem is first; What is the status of means of war as war booty in armed conflict based on the 1907 Hague Convention? Second; What are the side effects of the Taliban's actions in seizing American weapons after the armed conflict in Afghanistan? The method used is normative juridical, with a legal principles approach. While the data analysis is qualitative juridical analysis, which analyzes problem identification based on secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study are: First, the status of means of war as spoils of war in armed conflict based on the 1907 Hague Convention on Means of War as spoils of war which as long as the spoils are movable objects belonging to the state that can be used for military operations and not civilian objects then the spoils are the property of the military authorities occupying the area of conflict before there is a peace agreement from the warring parties; Second, that the side effect of the spoils of war by the Taliban against military vehicles, helicopters, drones, weapons and night goggles is compensation, while against objects that still exist must be returned in the event of a peace agreement, this is regulated in Article 53 of the Hague Convention 1907 Jo Article 54 paragraph 2 and 4 Additional Protocol 1 of 1977.
IMPLICATIONS OF HUSBAND AND WIFE'S LIABILITY FOR JOINT DEBTS TO THIRD PARTIES AFTER DIVORCE ACCORDING TO THE MARRIAGE LAW ikbal sulaiman; Nur Mohamad Kasim; Sri Nanang Meiske Kamba
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9510

Abstract

Perceraian dapat menyebabkan pernikahan berakhir. Setelah pernikahan dibubarkan, istri tidak hanya kehilangan tanggung jawabnya, tetapi juga kehilangan hutang perkawinan. Hutang perkawinan harus dibayar di pengadilan bersamaan dengan pembagian properti. Properti bersama pada dasarnya berbicara tentang kekayaan, uang, atau properti yang dihasilkan dari hutang dan modal. Kepemilikan bersama adalah salah satu hal yang paling sensitif dan bermasalah di masyarakat. Tanggung jawab suami dan istri atas hutang bersama kepada pihak ketiga tidak diatur secara eksplisit dalam undang-undang. Pada dasarnya, utang bersama adalah tanggung jawab bersama. Dalam Pasal 35 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan, harta bersama dan harta warisan adalah dua jenis harta yang diakui dalam perkawinan. Jadi, hutang yang timbul dalam sengketa properti bersama juga dapat diperhitungkan. Dalam penelitian ini kami mengkaji dan menganalisis pertanggungjawaban suami dan istri atas hutang bersama kepada pihak ketiga sesuai dengan undang-undang perkawinan dan implikasinya.
Constitutional Relations Between The President, The House Of Representatives, And The Regional Representative Boards In Lawmaking After The Amendment Of The 1945 Constitution Rahman, Arif; Fatoni, A.
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9638

Abstract

Amendments to the 1945 Constitution shifted legislation authority from the President to the House of Representatives. However, the strengthening of the House of Representatives into a 'super parliament' does not necessarily give it absolute power in lawmaking. Every draft bill, whether originating from the House of Representatives or the President, must be discussed and approved together to be enacted. From the outset, the 1945 Constitution did not apply the pure doctrine of Montesquieu's trias politica. The separation of powers is understood in the sense of 'distribution of power', making the House of Representatives and the President both have legislation authority. The bicameral parliament system allows the Regional Representative Boards to be able to submit draft bills relating to autonomous authority and participate in joint discussions. The participation of the executive in the discussion of the draft bill with the legislative is because the executive holds the function of implementing the law. Thus, the draft bill must be discussed together to obtain the approval of both institutions. Once approved, each draft bill will then be approved by the President.
ISLAMIC LEGAL PHILOSOPHY : ETHICAL BASIS IN CORPORATE SOCIAL RESPONSIBILITY PRACTICES IN THE BUSINESS Radityo, Eka; Disantara, Fradhana Putra; Geraldha Islami Putra Disantara
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.9855

Abstract

The research aims to explore and analyze how Islamic legal philosophy principles can serve as a comprehensive ethical foundation in implementing Corporate Social Responsibility (CSR) to encourage meaningful and empowering business practices. This research uses normative legal research methods with conceptual and normative approaches, examining primary, secondary, and tertiary legal sources through literature study, to analyze Islamic legal philosophy principles as an ethical foundation in CSR practices. The research findings reveal that Islamic legal philosophy principles can serve as a comprehensive ethical foundation for Corporate Social Responsibility through a holistic approach integrating economic, social, and spiritual interests. Islamic values such as maqashid al-shari'ah, justice, trust, and social responsibility encourage companies to transcend financial profit orientation towards community empowerment and environmental preservation, emphasizing the balance between worldly and spiritual obligations. The implementation of Islam-based CSR not only creates harmonious relationships between companies and society but also supports global sustainable development agendas through ethical, transparent business practices with multidimensional positive impacts, thereby transforming CSR from a mere legal obligation into a meaningful instrument of social transformation..
VISORY BODY IN TACKLING MONEY POLITICS IN THE 2024 SERANG DISTRICT REGIONAL HEAD ELECTION Risca, Risca Vanesa; hasuri
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 2 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i2.10253

Abstract

This Money Politics exists because of the obsession of leaders elected by the people to have government authority. Because it is contrary to the principles of the election itself, money politics damages democracy. So, this study will look at how Bawaslu's efforts to prevent and handle money politics in the 2024 Regional Head Elections. The urgency of this study is the threat and impact of money politics on society which can damage democracy and integration in general elections. The research method used is normative juridical which is taken through legal library materials. The results of this study are the role and strategy of Bawaslu in preventing money politics, by educating the public about the threats and impacts of money politics, and the conditions of money politics in the Regional Head Elections in Serang Regency. Thus, Bawaslu has an obligation to take preventive measures so that money politics does not occur in the next general election.
Analysis of Revitalization Practices for Division of Heritage and Implications in Muslim Society Fakhrun Khair
Ajudikasi : Jurnal Ilmu Hukum Vol. 8 No. 1 (2024): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v8i1.8972

Abstract

This can raise a variety of practical problems, especially in terms of the fulfillment of the daily needs of heirs who may be controlled by the long-standing process of inheritance division that the Investigator will investigate the practice of rejuvenation of the division of the Muslim community, and how the implications of this research use normative law research, with the pointing of the law as the building of the norm system, thus the data used is secondary data referring to a set of data, including qualitatively analyzed library studies and documentation, the use of the will to regulate the partition of the heritage into an emerging trend, the implementation of accelerated partition practices in Muslim communities has a significant positive impact, the distribution of the legacy fairly and quickly, minimizing potential conflicts and conflicts in the family, strengthening social bonds and family bonds in the entire Muslim community barbarslot.  There are still obstacles and challenges to be overcome in implementing these practices widely and collaborative efforts are needed to address these issues so that accelerating the division of heritage can become a sustainable norm within the Muslim community.
THE  REALITY OF DIVORCED WOMEN AS SINGLE PARENTS: A LEGAL REVIEW OF NAFAQAH AND CHILDREN IN PULO VILLAGE, BANTEN PROVINCE  Fitria Agustin; B. Syafuri; Nurul Ma’rifah; Naf’an Tarihoran
Ajudikasi : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/adjudikasi.v9i1.a9fq3478

Abstract

Single parent families are known to be mainly female. Some causes of single parent family conditions are not only due to death, but also due to the cancellation of marriage by the Court. The topic of the problem in this research is the Legal Review for the Reality of divorced women related to Nafkah and Childcare with restrictions on single parent women due to divorce. The purpose of the research is intended to find an analysis and understanding of child maintenance and care as a reality lived by women as single parents. This type of research is Juridical-Sociological / Socio Legal Research, where the problem is reviewed from the legal side, accompanied by a non-legal approach, by including social factors, and adding non-legal science studies in the research. By using Qualitative Research, data is presented in the form of descriptions and interpretations of what is found in the field.  The data is presented in the form of descriptions and analyses (Analytical Descriptive), explained with statements, not numbers.  Data is obtained from the location in the form of words or oral from trusted informants. Data collection was carried out with Deep Interviews, where informants tell stories, without having to answer written questions, because it is not easy to tell unpleasant experiences. The conclusion obtained is that being a Single Parent in a family is not easy, especially for a woman who has to take care of children, take care of household needs, and also become a breadwinner. According to the Marriage Law and the Compilation of Islamic Law, parenting authority is given to the mother if the child is not yet an adult, and if the mother has passed away, then parenting becomes the obligation of the father and the surviving family of the father or mother. Even if the father and mother are divorced, the father does not lose his responsibility to provide maintenance even though the child does not live with him. Keywords: Nafaqah, Parenting Authority, Single Parent  

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