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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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Mewujudkan Kopi Cinangka sebagai Produk Unggulan dengan Perlindungan Indikasi Geografis di Kabupaten Serang Dwisvimiar, Inge; Khairunnisa, Hafifa
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6456

Abstract

Serang Regency is one of the areas that does not yet have registered Geographical Indication products, although there are many natural potentials, such as Cinangka coffee, that must be protected within the framework of Geographical Indications as a characteristic of agricultural products in Banten Province. The aim of the research is to identify opportunities for Cinangka coffee in Serang Regency based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and efforts to realize Cinangka coffee as a superior product that has the potential to become a geographical indication in Serang Regency. This type of research is normative-empirical legal research; the focus of the study is on legal norms and the application of law in society. The sources of data used are secondary and primary data. The data analysis used is qualitative. The results of the study show that to identify opportunities for Cinangka coffee in Serang Regency, based on Law Number 20 of 2016, concerning Trademarks and Geographical Indications, it is necessary to use a book of requirements or a predetermined description document. In Article 6 paragraph (3) of Government Regulation on Geographical Indications Number 51 of 2007 and Regulation of Law and Human Rights Number 12 of 2019 concerning Geographical Indications, the Cinangka Coffee description document contains six points out of the ten required. Efforts to realize Cinangka coffee as a superior product include efforts by local governments through training, supervision, and the provision of production support tools, as well as community efforts, namely involving members of coffee producers in various programs launched by local governments to increase productivity and marketing, as well as introducing Cinangka coffee products to the wider community.
Implementation of the Carbon Tax Policy in Indonesia: Concepts and Challenges Towards Net Zero Emissions 2060 Matheus, Juan; Delicia, Nadya Frisca; Rasji
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6464

Abstract

The current increase in the earth's temperature and significant climate change have a negative impact on the sustainability of all living things. Indonesia is one of the countries that is committed to suppressing greenhouse gas production through a carbon tax policy regulated in the Law on Harmonization of Tax Regulations as a net zero emission instrument. However, until now, this carbon tax policy has not been realized by the government because it is hindered by several factors, such as unclear plans for implementing carbon tax implementation and determining effective tax rates due to limited resources and inadequate capacity. This study aims to examine the concepts and challenges of implementing a carbon tax as a net zero emission instrument after the enactment of the Tax Harmonization Law in Indonesia. The research method used is normative-juridical, with a statutory approach and a conceptual approach using secondary data obtained through library research. Based on research results, the implementation of a carbon tax in the national tax agency is considered very important and must be carried out immediately to restore environmental damage due to carbon dioxide emissions, which have been agreed to be reduced by 29% in 2030 and achieve net zero emissions in 2060. Therefore, the government needs to immediately finalize derivative regulations regarding the carbon tax mechanism and other accompanying policies so that every carbon produced can be taxed to increase national tax efficiency.
Dinamika Pemberian Dispensasi Kawin dibawah Umur oleh Hakim Pasca Perubahan Undang-Undang Perkawinan Rohana, Nada Putri; Nasution, Wilda Rahma
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6448

Abstract

The granting of marriage dispensation by judges experienced a discourse from the age of marriage, which originally occurred because of the age difference between men and women, which caused family conditions that were not solid, with the younger age of women causing marriage to look more discriminating against women in the purpose of marriage. Then it changed to a regulation that equalized the age limit for marriage for both men and women. In the treatment of deviations from the rules of marriage age, it is also emphasized that there is equal treatment. However, this cannot limit the judges' ability to render judgments. The examination of marriage dispensation must be carried out thoroughly, so the focus of this study is on how the dynamics present in each decision by judges need to be analyzed. The research method is a study of normative law related to the provisions of the marriage dispensation. The analysis is carried out with the theory of judicial power, which includes legal justice, legal certainty, and legal expediency. The results showed that every judge's decision is affected by the disparity of the judgment on the granting of marriage dispensation when the judge does not examine all the offenses of the application for dispensation in the search for the application for dispensation, which becomes the basis for the judge to consider the decision. So that stigma for urgent reasons does not become unclear and clear. Therefore, every trial must systematically follow the judicial process in order to realize the purpose of marriage.
Eksplorasi Kebijakan dan Hukum Tentang Green Economy ditinjau dengan Islamic Legal Maxims di Indonesia Kamaluddin, Imam; Setiawan, Bagus; Jakiyudin, Ahmad Havid
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6465

Abstract

Based on Indonesian ideals of environmental concern, the green economy was started to transform economic development. The green economy is a spoke of sustainable development because of its revolutionary and transformative effects in the fields of economics, society, and the environment. Unintentionally, numerous laws and regulations include provisions related to the green economy. It is fascinating to analyze from the standpoint of Islamic legal maxims (fiqh rules or qawaid fiqhiyyah) in order to illuminate the significance and motivation behind the adoption of pertinent legal rules and policies. This study intends to investigate the substance of legal studies on the green economy in Indonesia before further analyzing it in light of Islamic legal principles. The research findings are interpreted using a normative juridical research technique. The study of positive law and the literature on Islamic law are sources of information. The study's findings indicate that there isn't a particular law that has provisions related to the green economy in terms of terminology. However, laws and government rules pertaining to environmental protection from an economic standpoint can be found that contain the substance. Therefore, in Presidential Decree No. 98/2021, the government more thoroughly regulates it. Government initiatives and laws pertaining to the green economy can be seen from the perspective of Islamic legal maxims as fulfilling fiqh norms. The current policy is a legal requirement that obliges the legal community to abide by it and contribute to the realization of a green economy. It represents the government's goal to eliminate the risks brought on by environmental degradation.
Roles of Public Prosecutor's Office in Restorative Justice: A Focus on Prosecution Discontinuation Regulations Sasongko, Andy
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7377

Abstract

The implementation of restorative justice in criminal cases is crucial for upholding humanitarian values that prioritize the recovery and protection of both victims and offenders. This approach seeks to restore the situation to its original state without solely focusing on punishing the perpetrator, marking a paradigm shift towards reconciliation and healing. In Indonesia, restorative justice aligns with the societal need for more inclusive prosecutorial and judicial authority. Pre-court resolution of criminal cases must explore the potential for resolution before reaching a conviction. The Prosecutor's Office of the Republic of Indonesia holds a central role in executing this approach.The issuance of Prosecution Regulations Republic of Indonesia Number 15 of 2020, concerning the Termination of Prosecution Based on Restorative Justice, provides concrete guidance for the Attorney General of the Republic of Indonesia. This regulation emphasizes the recovery and protection of victims, aligning with broader aspects of humanity and justice. The primary objective is to establish public order, justice, truth, and legal certainty based on existing laws and values such as morality, religious norms, and courtesy. The Prosecution Regulations aims to encourage a more humane and conscientious approach by the Public Prosecutor, prioritizing the recovery of victims and the rehabilitation of offenders. This departure from traditional punitive thinking contributes positively to society. As an integral part of Indonesia's criminal justice system, the Prosecutor's Office bears significant responsibility in creating legal certainty, truth, legal order, and justice based on human values, morality, courtesy, and religious norms.This shift reflects a positive change in a criminal justice system that increasingly emphasizes inclusivity and social healing. Restorative justice goes beyond being a conceptual framework; it signifies a commitment to instigate positive transformations in the handling of criminal cases in Indonesia, ensuring that human values and justice form the bedrock of the justice system.
Faktor Penyebab Terjadinya Perceraian di Pengadilan Agama Serang Sa'adiyyah, Ade Millatus; Aulawi, Anton; Apriliani, Senah
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7520

Abstract

Divorce is the final point of a marriage that is unable to achieve the noble goal of family happiness as expected by every married couple. This study aims to find out about the factors that cause divorce in the Serang Religious Court. To achieve these objectives, the researchers used descriptive research with a qualitative approach. Informants in this study were judges, junior clerks and Posbakum. Data collection was carried out using the method of observation, interviews and documentation. The data analysis technique used is data reduction, data presentation and conclusion. Based on the research results, it was found that the highest causes of divorce in the Serang Religious Courts were (1) Continuous Quarrels and Disputes (47%), (2) Economics (36%), (3) Domestic Violence (12%), (4) Leaving one of the parties (5%), and the consequences of divorce are very broad and complex, because it is not only the divorced husband and wife who feel the consequences of the divorce but also the impact on children and wealth.
Penerapan Asas Nebis in Idem yang Diajukan di Peradilan Berbeda Berdasarkan Asas Contante Justitie: (Studi Putusan Nomor 287/Pdt.G/2023/PA.Skh) Setiawan, Andi; Junaidi, Amir; Khaerudin, Ariy; Yudanto, Dika
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7636

Abstract

This research aims to analyze the application of the principle of nebis in idem in the handling of civil case Number 287/Pdt.G/2023/PA.Skh. which corresponds to the principle of contante Justitie and to know and analyze the handling of cases carried out by judges who examine, hear, and decide cases handled by the Sukoharjo Religious Court, by looking at the considerations of judges in applying the principle of nebis in idem. This research is normative legal research, using secondary data which is processed using qualitative techniques. The results of this study indicate that: (1) the handling of civil case Number 287/Pdt.G/2023/PA.Skh. in its decision is appropriate and has applied the principle of nebis in idem properly, because the elements of nebis in idem as required in the Civil Code have cumulatively been fulfilled; (2) the considerations given by the panel of judges in giving the decision are appropriate and correct based on applicable legal principles. (3) cases containing elements of nebis in idem must be filed an exception and an exception can only be filed in the first answer along with a rebuttal to the subject matter. It is recommended that in the future a dismissal process can be carried out before cases related to nebis in idem are examined and tried like the mechanism in the state administrative court, in order to provide legal certainty for justice seekers as well as implement the principles of fast, simple, and light costs.
Nilai Pancasila dalam Metode Penemuan Hukum: Orientasi dan Konstruksi Nilai Pancasila dalam Rechtsvinding Amin, Fakhry
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7655

Abstract

This study examines the role of Pancasila values in the process of legal discovery or rechtsvinding in Indonesia. Pancasila, as the foundational philosophy of the Republic of Indonesia, holds a crucial position in shaping the nation's identity, character, and developmental direction. Beyond being a philosophical underpinning of the state, Pancasila's values serve as guiding principles in the life of the nation, state, and society. Within the legal context, Pancasila is highly relevant in the rechtsvinding process, which involves searching for laws related to specific cases or situations.The research utilizes normative methods with a philosophical and analytical approach. Data is gathered through literature studies, analyzing legal norms, regulations, and relevant legal works. The primary goal is to analyze how Pancasila values manifest in the rechtsvinding approach and their impact on legal stability and justice in the Indonesian legal system.The study findings reveal that Pancasila values play a central role in the rechtsvinding process. These values influence the interpretation and application of the law by judges and legal practitioners. The 1945 Constitution reflects Pancasila values in its principles that form the basis of state law and policy. Articles within the constitution embody Pancasila values like social justice, balance of rights and responsibilities, and human rights protection. Furthermore, Pancasila values significantly contribute to legal stability, fostering certainty and harmony in the Indonesian legal system. The integration of Pancasila principles in the rechtsvinding process guides decision-making with a focus on justice, unity, and equality.
Konseptualisasi Otonomi Khusus dalam Tinjauan Otonomi Daerah: Konstruksi dan Formulasi Razak, Askari
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7656

Abstract

The development of the government system in Indonesia has resulted in significant changes in the form of granting autonomy to the regions. Regional autonomy includes the granting of authority to regions to regulate local issues in accordance with the needs and characteristics of the region. Special autonomy is a variation of the concept of regional autonomy that gives special authority and responsibility to regions with certain characteristics. The purpose of this research is to analyze the way the concept and implementation of special autonomy is interpreted in the situation of regional autonomy. This research uses a normative legal approach method to examine relevant legal regulations and literature related to this topic. The results show that special autonomy is an important step in building governance that is responsive to local needs. While recognizing the privileges of regions with special characteristics, special autonomy must still maintain the unity of the state and respect the values of diversity. The implementation of special autonomy has had a positive impact on regional empowerment, but needs to be improved to remain in line with national goals and human rights. The interaction between the central and local governments in the context of special autonomy also needs to be maintained and strengthened to achieve sustainable and inclusive development throughout Indonesia.
Analisis Hukum Terhadap Penyampaian Informasi Elektronik yang Melanggar Norma Moral Agustini, Shenti; Tan, Winsherly; Geovanni, Grace
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7665

Abstract

This research aims to analyze the legal aspects of electronic information dissemination that violates moral norms. The unethical dissemination of information, including hoaxes, hate speech, and other harmful behaviors, has become a significant concern in the digital environment today. The research method employed is normative legal research, utilizing three approaches: legislative, case-based, and conceptual. Research data were collected from secondary sources, including relevant laws and literature on legal issues related to electronic information dissemination. Additionally, tertiary data was derived from specific cases that exemplify the phenomenon of morally unethical information dissemination empirically, both within the digital space and outside the network. Data analysis involved stages of reading, note-taking, reduction, interpretation, and concluded with deduction. The research results outline the pertinent articles and sections within legal regulations concerning violations of moral norms in electronic information dissemination. Furthermore, the study discusses law enforcement measures that can be taken against the perpetrators of such violations. This research contributes to understanding the legal aspects related to morally unethical electronic information dissemination in the current digital era. It is essential to ensure that ethics and legal compliance are maintained in the increasingly complex online environment.

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