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Jurnal Ius Constituendum

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Published by Universitas Semarang

ISSN : 25412345 EISSN : 25808842 DOI : 10.26623

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Journal Ius Constituendum a scientific journal that includes research, court decisions and assessment/comprehensive legal discourse both by researchers and society in general to emphasize the results in an effort to formulate new rules of the new in the field of the legal studies in accordance with the character of ius constituendum. Journal Ius Constituendum periodic journal published twice a year in April and October, has been indexed SINTA 3 (Accredited by the Directorate General of Research And Development of the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 36/E/ KPT/2019). Registered as a member of Crossref system with Digital Object Identifier (DOI) prefix 10.26623. All articles will have DOI number.

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Articles 5 Documents

Search results for , issue "Vol 1, No 2 (2016): Oktober" : 5 Documents clear

ANALISIS YURIDIS TENTANG PELAKSANAAN PEMBATALAN HIBAH TANAH OLEH PEMBERI HIBAH Hengky Prasetyo
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Grant is an agreement that is in everyday life, especially in modern society, the covenant is a constantly found in everyday life. Classified in the grant agreement freely in word freely demonstrated their prestige from one side only, while the other woods do not have to provide counter prestisnya. In principle a grant can not be withdrawn, but for the reasons specified by law and given certain circumstances, a grant it is possible to be withdrawn by the giver. The problems in this study are whether that is a consideration in the decision on the implementation of the cancellation judge grants of land by the grantor? And how the considerations of the judges are ideal to be applied in the cancellation of the grant of land by the grantor in Decision No. 95/Pdt.G/2004/PN Smg? The purpose of this research is to determine and analyze the consideration of judges in the implementation of the decision of cancellation of grants of land by the grantor; and to identify and analyze the consideration ofjudges ideal to be applied in the cancellation of the grant of land by the grantor No. 95/Pdt.G/2004/PN Smg. The method used in this research is normative juridical research. Judge consideration by the Civil Code, Compilation of Islamic Law, Customary Law and Agrarian Law. The judge gives a decision that the grant made under the hand not have the force of law or legal defects that do not have binding legal force. The grant deed null and void, meaning not only canceled aktanya alone but the legal act also canceled. In an effort to cancellation of the grant by the grantor ideally Judge must look at aspects of the norms written and unwritten. Consequently sought the response of legal certainty for the parties involved to donate land. The judges must pay attention to how the decision to have the values of local wisdom into consideration in the cancellation of the land grant that will be actualized for the parties involved in making the grant deed.

IMPLEMENTASI PENYELESAIAN HUKUM ATAS EKSEKUSI JAMINAN DALAM PERBANKAN SYARIAH Abdul Ghoni
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Phenomenon that happened [at] banking [of] Moslem law during the time sometime not or not yet touched from principles of Moslem law banking, good in context al-bai' (merchant), al-Ijarah (renting), al-Musyarakah (corporation), al-Mudharabah (sharing holder), Ar-Rahn (the mortage), alqard (receivable debt), ad-dhaman and al-kafalah (guarantee and warranty), al-hawalah (evacuation of debt underwriter), but exactly sometime is equal to principle applied by conventional bank. Principle by this Moslem law banking nor far with the fidusia which in this that penghutang (debitur) that is: (1) giving materialism rights; (2) giving rights prioritize to creditor; (3) enabling to giver of guarantee fidusia to remain to master the object of debt guarantee; ( 4) giving rule of law; and (5) easy to executed the. The problem in this research are: (1) how the principles and remedies for the execution of the collateral in Islamic banking; and (2) how the implementation of remedies for the execution of the collateral in Islamic banking? The method used in this research is the method: (1) observation; (2) interview; and (3)documentation. This research target description of about: (1) how principle and solving of law for executing guarantee in Moslem law banking; and (2) how implementation of solving of law for executing guarantee in Moslem law banking. Result obtained that in solving of law for executing guarantee in banking that: (1) that banking of Moslem law in solving of law for executing guarantee use the law fidusia and act to apply the concept going into effect in Moslem law banking. Therefore principle which must be bring back and apply the Islam concept in running Moslem law banking; (2) that implementation during the time felt by debitor refer the system run by a Moslem law banking, debitor exactly its burdenprogressively heavily because of sanction applied by a banking. Therefore, banking of Moslem law have to bring back or run the banking wheel have to relate the concept kemaslahatan, justice, ta'awun.

PENDAYAGUNAAN ZAKAT SEBAGAI UPAYA PENGENTASAN KEMISKINAN (Studi di Baznas Provinsi Jawa Tengah) Abdul Aziz
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Zakat is a religious “maaliyah ijtima’iyah”, worship associated with theproperty, which has a position is very important to improve the welfare of thecommunity, if properly managed, trustworthy, transparent Shari'a compliantIslamiyah, both collection and distribution. Suspected not optimal zakat becausethe government does not have specific policies to make zakat as a source of state revenues. However, if the charity has shown remarkable function as a tool of poverty and pensejahtera pengentas people, the government could begin to look to charity as a major instrument in the nation's economy.The problem in this research is the utilization of zakat what is appropriateas the fight against poverty? And how is ideally Baznas utilization of zakat inCentral Java province attempted to alleviate poverty? The purpose of this studywas to determine the utilization of zakat is appropriate as the fight againstpoverty, and to determine the utilization of zakat in Central Java province Baznasstrived for poverty alleviation.The method used in this research is juridical empirical research, theresearch refers to the norms and principles of law contained in legislation andjudicial decisions and adjusted to actual conditions. Specifications of this research is descriptive analytical research, a study that tried to illustrate the legal issues, legal and studying it or analyze it according to the needs of the research in question, namely on the Empowerment of charity as an effort to increase poverty.The data analysis used is qualitative analysis, which, after collecting data,processing is done, analyzing and constructing thoroughly, systematicallydescribes the relationship between different types of data. Further data iscompleted and processed, and then analyzed descriptively. So as to provide asolution to the problems in this study, which is about the Empowerment Zakat forPoverty Reduction Efforts? Baznas utilization of zakat in Central Java province is not suitable as reducing poverty. Because until now only zakat profession is maintained and only a couple of the Local Government Unit (SKPD) only in Central Java. Poverty is not just caused by natural factors alone, but also equitable development factors influence on this issue. One solution is to empower community-based charity. In effect, alleviating poverty is to alleviate the cause, either individuals or groups in society.

KONSISTENSI PERDA NOMOR 14 TAHUN 2011 TENTANG RENCANA TATA RUANG KOTA SEMARANG 2011-2031 DALAM PERSPEKTIF PEMBANGUNAN YANG BERkELANJUTAN Muhammad Junaidi
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Environmental problems can NOT be released from the arrangement of spaceproblems in Indonesia, as well as THE issue occurred in the city of Semarang. It is caused by Singer Development Activities The city ASPECTS NOT pay attention to the Environment. In HAL embodies Sustainable Development, City of Semarang LocalRegulation No. 14 Year 2011 CONCERNING Spatial Plan Semarang from 2011 to 2031, as the legal umbrella of the City Government of Semarang hearts set Spatial city. Operates SPECIAL Research singer explained how consistency Regional Regulation No.14 of 2011 Against the Law on Spatial Planning No. 26 of 2007 and Law on the Protection and Management of the Environment No. 32 of 2009, as the Guidelines, Tutorial, and Strategy For the City of Semarang hearts held Governance And Development Activities spatial. The method which was used hearts Research singer, using methods of normativejuridical approach, Research singer seeks to review conduct an inventory of positive law and principles of the law incronceto to review then performed sinkronsiasi hearts HAL singer Regulation No. 14 Year 2011 CONCERNING Spatial Plan Semarang 2011 -2031 WITH Devices legal rules structuring space, as well as the Protection and Management of the Environment The previous beraku Currently in Indonesia.

PERBANDINGAN ANTARA HUKUM POSITIF DENGAN HUKUM ISLAM MENGENAI PEMBAGIAN HARTA BERSAMA AKIBAT PERCERAIAN Masrokimin Masrokimin
Jurnal Ius Constituendum Vol 1, No 2 (2016): Oktober
Publisher : Universitas Semarang

Positive Law of the treasure together for this is still not the Resolute to provide rules on the division of the problem treasure together all still feel ambiguous are no rules that specify the split of the treasure together in KHI (Compilation of Islamic Law) by dividing equally that half to his wife and half for husband , but in a specific case by case if all decisions jointly owned by such disputes will be found, less able to reflect the sense of justice by a particular party, the Islamic law there is no clear division of the treasure together, both in classical and contemporary jurisprudence, is not even found in Al-Quran or Al-Hadith on this issue, there are certain differences in solving problems of common property, from differences in both the Positive Law and Islamic Law regarding subdivision and settlement when there is a dispute about the treasure joint will be obtainedcomparison, the ratio will be understood as a positive step in understanding and explore how the distribution and completion of this common treasure, so that would be obtained justice for those who want to resolving the problem treasure together.Legal dispute settlement joint property according to the Law-Marriage Law No. 1 of 1974 and the Compilation of Islamic Law that according to article 37, that is: "If the marriage broke up because of divorce, the joint property set by statute each-each, any property obtained during marriage is community property, where as in the compilation of Islamic Law, joint property due to divorce will be split half and half for the husband to the wife. The judge in the consideration of the joint property dispute resolution processes as a result of the divorce, the judge must be able to contribute to find a law that make of public order and sense of justice among the parties in addition to the meaning of legal certainty and legal protection. The procedure for resolving disputes together limitative property has been set in the civil procedural law, ranging from the laws it until judge so submission concerning joint property dispute after their divorce. In the process of dispute resolution does not rule out treasure along with the reconciliation process or mediation outside the Judiciary or in Non-Litigation with principles-principles and basic-basic fairness amongpihak. In Islamic law principles for dispute resolution highly promoted because it will be much can find a sense of justice among between with attention to customary law and without prejudice to the other party. But when disputes the joint property is entered in the Litigation in court Judge precisely given the right to according in this settlement by way istimbath law as rights - the right of a judge that they have in accordance with the main points of the power of Justice.

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Journal Mail Official pasca@usm.ac.id

Editorial Address Pasca Sarjana Program Studi Magister Hukum Universitas Semarang (USM) Jl Soekarno Hatta Tlogosari Semarang

Location Kota semarang, Jawa tengah INDONESIA

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Journal Mail Official
pasca@usm.ac.id

Editorial Address
Pasca Sarjana Program Studi Magister Hukum Universitas Semarang (USM) Jl Soekarno Hatta Tlogosari Semarang

Location
Kota semarang,

Jawa tengah

INDONESIA