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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 16 Documents
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Search results for , issue "Vol 7, No 1 (2022)" : 16 Documents clear
Piti Maranggangu (Kawin Tangkap) dalam Perspektif Hukum Safrin Salam; Rambu Susanti Mila Maramba; Rambu Hada Indah; Pajaru Lombu
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v7i1.12869

Abstract

Sumba Island holds a lot of local wisdom. One of the local wisdom is Piti Maranggangu. Piti Maranggangu is a catch / take in meetings that often occur in public places or public places, such as in traditional markets, places of customs activities (traditional parties), on the street, at home and even planted. The purpose of this study was to find out and understand Piti Maranggangu from the point of view of Customary Law and Law No. 1 of 1974 on marriage. The type of research used is socio-legal research with a research location in Sumba Island, East Nusa Tenggara. The results showed that Piti Mara interfered with a review of the principles of customary law that piti maranggangu practices are recognized in the sumba island community and is a form of honest exogamous mating mating system. Referred to as honest exogamy because the edited woman has been positioned as a surrogate in the clan. While Piti Maranggangu in the perspective of Law No. 1 of 1974 can be concluded that there are 2 (two) conditions violated in the marriage process, namely substantive conditions that there is no consent from the bride, then the age of the edited bride is underage (under 19 years). As a result of violating these substantive conditions, Piti Maranggangu can legally be void by law.
Peran Majelis Permusyawaratan Ulama (MPU) Aceh Dalam Menerbitkan Qanun Jinayat Dalam Sistem Hukum Tata Negara Muhammad Riski
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v7i1.12763

Abstract

The Aceh Ulama Consultative Council (MPU) is a forum and organization where Muslim clerics and scholars in Aceh gather who are independent and have an equal position with the National Legislative Body in formulating their fatwas in the form of Qanun jinayat. The existence of Qanun Number 6 of 2014 concerning the law of jinayat has a positive impact on the development of the implementation of Islamic sharia in a kaffah manner in Aceh, because of the application and implementation of laws taken directly from the Koran. The purpose of this study was to determine the role of the Ulama Consultative Council in issuing laws for someone who violates the rules of jinayat law, starting from making laws, enacting and implementing jinayat laws. This research is a library research by taking material from books. And besides that, this research also uses a statute approach. The Ulema Consultative Assembly, especially in Aceh, is a place for legal interpretation, both for the community and for the government. With the MPU either in the province or in the district as a government assistant in setting legal policies and giving consideration to government policies. The MPU plays an active role in the government, either directly or indirectly, providing input, consideration and supervision to the government. 
Penegakan Hukum Terhadap Operasi Tangkap Tangan Perkara Tindak Pidana Korupsi Kresna Yogi Pratama
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v7i1.12009

Abstract

Corruption is a crime that is categorized as an extraordinary crime, the eradication of which must also be carried out in an extraordinary or particular way (extraordinary measure). In handling corruption cases, of course, various operations are carried out, including what is known as the Hand Catching Operation with a wiretapping technique, the results of which can be used as evidence for corruption. Law enforcement officers in Indonesia, namely the Corruption Eradication Commission (KPK), the Police and the Attorney General's Office, have the right to conduct wiretapping. However, in terms of its implementation, only the Corruption Eradication Commission can conduct wiretapping in terms of investigations. The efforts made by the Police and the Prosecutor's Office in dealing with Corruption Crimes will be maximized if the authority to conduct wiretapping is equated with the implementation of wiretapping carried out by the Corruption Eradication Commission. The type of research used is normative. The data used is secondary data obtained through library research or documentation and then analyzed by qualitative analysis..
Kenaikan Harga Minyak Goreng dalam Perspektif Hukum Persaingan Usaha dan Ekonomi Andi Nova Bukit; Uswatun Hasanah; Khairun Na’im; Elyani Elyani
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v7i1.13212

Abstract

The current increase in cooking oil prices greatly affects purchasing power and greatly impacts the community's economy. Various ways have been taken by the government to suppress the rate of cooking oil prices, ranging from issuing a ministerial regulation of trade to cooking oil subsidies. However, these policies have not been able to suppress the rate of cooking oil prices. This study is carried out to analyze whether there are cartel practices that have caused the current soaring cooking oil prices, as well as their impact on the economy. The research was conducted using a normative juridical method with the results of the study. It is strongly suspected that the existence of cartel practices caused this situation to continue. Based on the findings made by the KPPU, namely the discovery of evidence of alleged violations of articles 5, 11, and 19 letter c of Law No. 5/1999 where it is alleged that there has been an oligopoly practice of the national cooking oil market structure by fixing prices and regulating production. However, there are some shortcomings in Law no. 5/1999 in ensnaring the perpetrators of this cartel is about the criteria for a cartel which has not yet been specifically defined, so it is not easy to win a cartel case in court.
Tinjauan Yuridis Tindak Pidana Pornografi dan Penerapan Prinsip Right to be Forgotten di Indonesia Arini Ferya Putri; Tantimin Tantimin
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v7i1.12772

Abstract

This study analyzes the crime of cyber pornography in the Indonesian legal system and the position of the rights of victims of cyber pornography in terms of the principle of rights to be forgotten. The method used is normative legal research that is prescriptive and applied, analyzing secondary data in the form of primary legal materials and secondary legal materials. Obtaining data using library research techniques and analyzed using the syllogism method with a deductive pattern. This study shows that pornography has complex legal arrangements in Indonesia, but cyber pornography does not yet have comprehensive regulations. An understanding of the position of the victim of the right to be forgotten in the case of cyber pornography can be based on the provisions of Article 26 of the ITE Law.
Urgence Of Combined Claims Of Default And Branch Of Contract In Civil Procedure Law Indah Siti Aprilia; Akhmad Budi Cahyono
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 7, No 1 (2022)
Publisher : Law Department, Sharia and Law Faculty.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/justisia.v7i1.12201

Abstract

Lawsuits in civil law are divided into 2 (two) types, namely claims for breach of contract and lawsuits agains the law. In practice, many legal practitioners combine these 2 (two) basic claims in one lawsuit. This study uses a normative juridical method with the statue approach and case approach. The results of the study stated that a person is said be in default if he has fulfilled the achievements as stated in Article 1234 of Civil Code or as agreed then a person is considered to have committed an unlawful act if he fulfills the elements in 1365 of the Civil Code, and the party whose rights have been violated must prove that his rights have been violated and ask for compensation loss. Then in the doctrinal provisions, it is not permissible to mix up the claim for breach of contract as well as an act that violates the law, but if in formulating the posita it has been firmly separated between the fact of the act of default and the fact of the violating the law, then the merger is allowed. In addition, a default can at the same time lead to unlawful acts, as long as the fact is that it is afegault and the fact itself occurs outside the obligations required by the contract

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