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Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 25414682     EISSN : 26145642     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
he publication of Jurnal Justisia: Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial was based on the enthusiasm of lecturers of Law Department, UIN Ar-raniry to express their thought trhrough writing. However, at that time, the Law Department did not have a media to accommodate their enthusiasm. Hence the publication of this journal is very important. Interestingly, the presence of the journal is warmly welcome by Sharia and Law faculty's lecturers. In addition, the publication of the journal has contributed to the accreditation process of the Law Department as a new major in UIN Ar-raniry. The publication of the printed version of Journal Justisia in 2016 had a positive impact on the result of "B" level accreditation based on the assessment National Committe of Accreditation.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 5, No 2 (2020)" : 6 Documents clear
Analisis Perda Kabupaten Mukomuko Nomor 5 Tahun 2016 Tentang Berpakaian Muslim dan Muslimah Bagi Siswa Berdasarkan Teori Peraturan Perundang-Undangan Robiatul Adawiyah; Lita Tyesta Addy Listya Wardhani
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 5, No 2 (2020)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v5i2.8453

Abstract

In the context of implementing autonomy and co-administration, local governments have right to make regional regulations. This authority opens the opportunity for the emergence of regional regulations with Islamic nuances, for example the Mukomuko Regency Regional Regulation Number 5 of 2016. This raises pros and cons among the community. Therefore, this is very important to be studied comprehensively. The research method used is normative. As for the issues raised: first, What is the content of the provisions of the Mukomuko District Regulation Number 5 of 2016? second, What is the Regional Regulation of Mukomuko Regency Number 5 of 2016 based on the theory of statutory regulations? Based on research results, that the regional regulation is a sharia-based regional regulation that regulates moeslim dress. In the formation of regulations, including at the regional level, it must not conflict with Pancasila and also the content material principles in Law of PPPU. When referring to Guidelines for Legal Analysis and Evaluation Number PHN-01.HN.01.03 of 2019 which is result of breakdown of Pancasila and Law of PPPU, it is found that based on the variables and indicators of assessing values of Pancasila, this is contrary to the variable of plowing, humanity, nationality, Diversity in Unity, justice, equality in law and government, and legal order and certainty. And type of statutory regulation, namely this regional regulation is not appropriate. This regional regulation also creates disharmony in regulations.
Penyelesaian Kasus Jarimah Ikhtilat Di Gayo Menurut Hukum Islam Jamhir Jamhir
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 5, No 2 (2020)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v5i2.8454

Abstract

This research discusses "The settlement of the Jarimah Ikhtilat case in Gayo according to Islamic law". The formulation of the problem put forward is (1). How is the settlement of Jarimah ikhtilath according to Gayo customary law? (2) How is the settlement of Jarimah ikhtilath in Gayo according to Islamic law? This research is descriptive analysis. Using a qualitative approach, namely research describing the results of objective research on situations encountered in the field and analyzed according to Islamic law. The conclusion of this study shows that the customary legal sanctions given to ikhtilath actors in Gayo are a fine of one complete goat or a fine on the agreement of the village sarak opat. If viewed according to Islamic law, that customary law sanctions do not contradict the concept of Islamic law. Because, in Islam it is stipulated that the perpetrator of ikhtilath is part of the finger of ta'zir, where the imposition of the sentence is fully handed over by the government, both in type and size, starting from the lightest punishment such as giving advice to the perpetrator, fines, lashing or exile up to the highest punishment, namely the perpetrator must be killed. The customary law sanctions regarding the ikhtilath case in Gayo include ta'zir sanctions, which type and size are determined by Sarak Opat, namely in the form of a fine of one goat.
Peran Pemerintah Desa dalam Pengelolaan Sampah Perspektif Peraturan Daerah Nomor 2 Tahun 2015 Tentang Pengelolaan Sampah Tamrin Muchsin; Sri Sudono Saliro
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 5, No 2 (2020)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v5i2.8455

Abstract

The purpose of this study was to determine the role of the Sepuk Tanjung Village Government in waste management, and to determine the inhibiting factors for implementing the government's role. When the amount of waste increases, it will cause problems that can endanger humans, both health and the environment. Therefore, it is important to involve the village government as the government that is closest to the people. This research method uses empirical research methods with a statutory approach, to obtain data, researchers conducted observations and interviews with the village government and the community using purposive sampling. The results of the study reveal that the role of the village government is in accordance with Article 11 of Regional Regulation Number 2 of 2015 concerning Waste Management. As for the inhibiting factors, namely, the community factor, the infrastructure factor and the village government factor.
Tinjauan Hukum Pasal 302 UU MD3 Mengenai Rangkap Jabatan dan Penggunaan Anggaran Kelembagaan Oleh Anggota DPD RI yang Berstatus Ketua PKK dan DEKRANASDA di Daerah Jefirstson Richset Riwukore; Yohanes Susanto; Fellyanus Habaora
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 5, No 2 (2020)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v5i2.8451

Abstract

The purpose of this research is to examine the dual position and budget used of the Regional Representative Council of Indonesia toward the status of position as Chairperson of the Family Welfare Movement and the Chairperson of the National Craft Council in an area based on the provisions of the law. This study was carried out in Kota Kupang for 6 (six) months, from January to July 2019. This study was included in the case study classification. The subjects used were legal references and expert opinions. The type of data used is secondary data with documentation techniques. Analysis of the data obtained was done descriptively. The result of the analysis about concurrent of positions and budget used for DPD RI members in accordance with Article 302 paragraph (1) and paragraph (2) in Law in MD3 are not valid if someone other than being a DPD RI member is also as Chairperson of the Family Welfare Movement, and Chairperson of the National Craft Council.
Peranan Kepala Desa Dalam Pelaksanaan Pembangunan Ditinjau Dari Fiqh Siyasah dan UU Desa No. 6 Tahun 2014 Mirza Rahmatillah; Ridwan Nurdin
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 5, No 2 (2020)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v5i2.8456

Abstract

The success of developing a village cannot be separated from the role of the Village Head and the entire community. A developed village can be seen from the adequate facilities and infrastructure. The head of government has a big responsibility for the progress of his village in order to create a prosperous society. The formulation of the problem in this study is how the role of the village head in the implementation of development in Li-Eue Village and how the Siyasah Fiqh and Village Law review the role of the village head in the implementation of development in Li-Eue Village. This type of research is classified as field research (field research), which is descriptive analysis, namely research that tells and describes data sourced from primary data through interviews, observations and reports in the form of documents and secondary data by conducting library research in the form of Al- Qur'an, Hadiths, opinions of scholars, laws and regulations, documents and books and other scientific works. Based on the results of the analysis, it can be concluded that the role of the Li-Eue Village head in the implementation of development in Li-Eue Village is generally less than optimal so that it is less trustworthy or responsible for the duties as village head. Judging from the existence of several developments that have not been implemented. And less transparent and less mobilizing community participation. Review of Siyasah Fiqh and Village Law, namely leaders who are less trustworthy and less responsible.
Problematika Proses Pengadaan Tanah Setiyo Utomo
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 5, No 2 (2020)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v5i2.8452

Abstract

The land has a social function; therefore, everyone has the right to make the best use of the land, from the land for agriculture to land to develop an area. This paper aims to analyze land acquisition problems in the West Kutai Regency and forms of legal protection for the community against land acquisition. This research method is normative juridical research. The land is fundamental to support the sustainable development of an area to impact the community whose land is designated for development. The legal umbrella still constrains land acquisition in West Kutai Regency in the form of regional regulations that provide access to the land acquisition process in the West Kutai Regency. The absence of legality of land certificates becomes an obstacle for the government to carry out land acquisition to trigger agrarian conflicts. For this reason, land acquisition, of course, the community must have a sense of sincerity if the land has been included in development activities. However, the government must provide compensation for communities affected by regional development. The concept of land acquisition carried out in an area must have a regional regulation formation in advance. In the land acquisition process, the community knows the legal basis, and the government has a legal basis in land acquisition. Justice for communities affected by land acquisition's impact, the government, must have an ideal system to provide justice for the community in terms of land acquisition. 

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