Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial
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.
Articles
110 Documents
<![CDATA[Peranan Kepala Desa Dalam Pelaksanaan Pembangunan Ditinjau Dari Fiqh Siyasah dan UU Desa No. 6 Tahun 2014 ]]>
<![CDATA[Mirza Rahmatillah]]>;
<![CDATA[Ridwan Nurdin]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v5i2.8456
<![CDATA[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.]]>
<![CDATA[Problematika Proses Pengadaan Tanah ]]>
<![CDATA[Setiyo Utomo]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 5, No 2 (2020) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v5i2.8452
<![CDATA[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. ]]>
<![CDATA[Legal Flaws in the Election of Wali Nanggroe 2018-2023 Period in Aceh ]]>
<![CDATA[Muhammad Ihsan]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v6i1.10612
<![CDATA[The problem of elections in public office is often interesting to study, especially with the development of the electoral system which is continually being renewed to prevent corruption, collusion and nepotism, as well as to get candidates who are capable in their fields. One of these public offices which is Aceh-specific is Wali Nanggroe. This institution is a mandate of Aceh Government Law Number 11 of 2006. The determination of the Wali Nanggroe for the 2018-2023 period raises legal problems. Therefore this study will examine the wali nanggroe candidate selection system, the mechanism for selecting wali nanggroe based on Qanun number 8 of 2012, and whether there is a legal flaw in the election of wali nanggroe for the 2018-2023 period. This study uses a normative legal research method with a Law and Conceptual approach. The results of the research show that the wali nanggroe candidate selection system has not been carried out openly and transparently, even though Qanun allows for other candidates, in terms of election mechanisms, according to Qanun, an Election Commission must be formed in which there are 4 elements, but in practice the Commission Elections were not formed, this would be legally problematic, even legally flawed because one of the elements of the Election Commission was not involved as a member of the Election Commission as regulated by the Qanun. The elements that were not involved were representatives of ulama in each district/city.]]>
<![CDATA[Determination Of Legal Remedies For Civil Cases To Make The Principles Of Justice Simple, Fast And Lighting Cost ]]>
<![CDATA[Andrianantenaina Fanirintsoa Aime]]>;
<![CDATA[Zulfikar Dori Ad’ha]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v6i1.10608
<![CDATA[One of the principles in the justice system is justice that is simple, fast and low cost. In this regard, the People's Consultative Assembly (MPR) takes this matter seriously and responds to it by issuing a decree, namely TAP MPR No. VIII/MPR/2000 concerning the Annual Report of High State Institutions at the 2000 Annual Session of the People's Consultative Assembly of the Republic of Indonesia, which one of its substances recommends that the Supreme Court immediately resolve delinquent cases by increasing the number and quality of decisions and that the Supreme Court makes regulations to limit entry cassation case. With this principle, it is necessary to conduct a study regarding the application of these principles.]]>
<![CDATA[Efektivitas Undang-Undang Nomor 16 Tahun 2019 Terhadap Pernikahan Di Bawah Umur ]]>
<![CDATA[Aulil Amri]]>;
<![CDATA[Muhadi Khalidi]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v6i1.10613
<![CDATA[Legal certainty and firmness must exist in a law or regulation. Because without legal certainty, the rights of legal subjects will be taken away and neglected. Likewise, without strictness in the law, it will make legal subjects feel worried and insecure because they feel that the law does not provide protection for them. Law Number 16 Year 2019 concerning Amendments to Law Number 1 Year 1974 is deemed not to have legal certainty and firmness, because the stipulation of the age limit for marriage in this law only considers and is based on Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 Concerning Child Protection. Furthermore, Law Number 16 Year 2019 still provides an opportunity for the Indonesian people to carry out child marriage. Law Number 16 Year 2019 must look at various other legal aspects and have clear legal consequences, so a comprehensive revision of this law is required. Even if possible, Law Number 1 Year 1974 must be reviewed and adjusted to the current and future legal problems. By applying the concept of benefit and rejecting harm in a law or regulation, the objectives of the law or regulation will be achieved and become effective.]]>
<![CDATA[Kedudukan Peradilan Administrasi Negara Sebagai Upaya Dalam Mendorong Terbentuknya Pemerintahan Yang Baik ]]>
<![CDATA[Khalid Dahlan]]>;
<![CDATA[Anna Erliyana Chandra]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v6i1.10609
<![CDATA[Efforts to encourage the implementation of proper governments are continually done in each country, including one of them in the Republic of Indonesia. A decent government can be realized if it is followed by government decisions that are responsive to the needs and interests of the community. The decision of the state administration officials in the effort to realize a proper government must be based on the general principles of good governance, especially those that have been mentioned in Act. No. 30 of 2014 concerning Government Administration. In term of realizing a proper government, it not only becomes the duty of the state administration officials through the decisions formed, but also the involvement of the community as the plaintiff for any government decision that feels disadvantaged and the state administrative court as an institution that examines and decides disputes between the community and the government by continuing to refer the laws and general principles of a good government is part of realizing a good governance.]]>
<![CDATA[Penolakan Omnibus Law Menurut Paradigma Sosiologi Hukum dan Teori Konflik ]]>
<![CDATA[Nada I Asmani]]>;
<![CDATA[Agus Machfud Fauzi]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v6i1.10614
<![CDATA[The Omnibus Law, which has been valid and has become a regulation in the constitution in Indonesia, has experienced many new things in the process and has not opened up the flow of democracy from the people. There were several articles that were changed, especially regarding employment which eventually got rejected in society. Workers as subjects who are bound by the Omnibus Law are also involved in demonstrations and expect a change to the law. In terms of legal sociology, social revolution, as the answer desired by modern society today, will never occur because it is hampered by social mobility through the decomposition of the new labor force and middle class. Articles that have the potential to become a legality tool for suppressing human rights and discriminating against workers against employees must be further guarded by academics so that practices of abuse of the rules in the Omnibus Law will not occur.]]>
<![CDATA[Menakar Perlindungan HAM Dalam Revisi UU Minerba Melalui UN Guiding Principles on Business and Human Rights ]]>
<![CDATA[Ayu Kholifah]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v6i1.10610
<![CDATA[The ratification of Law Number 3 of 2020 (Revision of the Mining Law) on June 10, 2020 by President Joko Widodo raised a polemic so that several parties have filed a judicial review of the law. This phenomenon indicates that there are interests that are not accommodated in the Revision. The natural resource business as the sector with the greatest risk of human rights violations is in the spotlight whether the Revision are much better to guarantee human rights protection or not. The UN Guiding Principles on Business and Human Rights (UNGPs) is a recommendation that can be used as a parameter how human rights are protected on the Revision. This research is normative legal research using qualitative descriptive methods by combining statutory approaches and conceptual approaches. The results show that the absence of mandatory regulations and guidelines for human rights protection in domestic business activities is a factor in the low level of human rights protection in the Revision. Human Rights Protections by the State and Human Rights Respects by companies have not been comprehensively regulated, access to recovery for human rights impacts is still not maximal and needs to be developed as recommended in the UNGPs.]]>
<![CDATA[Tindak Pidana Pencurian Jaringan Wifi Menurut Pasal 30 Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi dan Transaksi Elektronik ]]>
<![CDATA[M. Syuib]]>;
<![CDATA[Maisarah Maisarah]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 6, No 1 (2021) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v6i1.10611
<![CDATA[This research is motivated by the number of internet (Wi-Fi) stealing around Syiah Kuala Sub District, Banda Aceh, in which this action can disserve the owner of the internet and against to the law. The method of this research is qualitative in which it describes the result of research objectively to conditions encountered in the gorund. The research problems are how the Wi-Fi internet is theft (modus operandi) and what are juridical consequences of the act according to Article 30 of Law No. 19/2016 concerning Electronic Information and Transactions, and how is the Islamic law perspective on the act of internet stealing. The result showed that the modus operandi of Wi-Fi internet stealing is by using a laptop or mobile phone and downloading certain software or applications they need to break through the security system and obtain a username and password. Theft or internet (Wi-Fi) stealing in Syiah Kuala District, Banda Aceh City, can be punished under Article 30 paragraph (1), (2) and (3) in conjunction with Article 46 paragraph (1), (2) and (3) Law No. 19/2016 concerning Electronic Information and Transactions. The action categorized as illegal access. The theft of the Wi-Fi internet in Islamic law perspective is clearly prohibited (haram) due to someone has used other people property without permission. So, it is expected that the perpetrators or other people in order not to do the actin because it is against to the law, and also expected the Wi-Fi owner could report the case to the police.]]>
<![CDATA[Digitalisasi Produk Bank Konvensional Dan Bank Syariah Di Indonesia ]]>
<![CDATA[Andrew Shandy Utama]]>
<![CDATA[ Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Vol 6, No 2 (2021) ]]>
Publisher : <![CDATA[Law Department, Sharia and Law Faculty. ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22373/justisia.v6i2.11532
<![CDATA[Technological developments make the world borderless. The development of information and communication technology has touched the banking sector. Based on the operational system, the types of banks can be divided into conventional banks and Islamic banks. This study aims to explain the digitalization of conventional bank products and Islamic banks in Indonesia. The method used in this research is normative legal research. The development of information and communication technology has touched the banking sector. As one of the efforts to increase bank capability, more optimal utilization of information technology development is a prerequisite in supporting bank service innovation. Therefore, digital banking is a very potential business opportunity and an inevitable necessity in the banking sector in the digital era. In addition to increasing the efficiency of bank operational activities, digital banking can improve the service quality of conventional banks and Islamic banks to customers in transactions. The Financial Services Authority of the Republic of Indonesia then issued Financial Services Authority Regulation Number 12/POJK.03/2018 concerning the Implementation of Digital Banking Services by Commercial Banks. There are forms of e-Banking services that can be used at conventional banks and Islamic banks, namely ATM (Automated Teller Machine), EDC (Electronic Data Capture), internet banking, SMS banking, mobile banking, e-Commerce, phone banking, and video.]]>
