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Jurnal Akta Yudisia
Published by Universitas Borneo Tarakan
ISSN : 25022253     EISSN : 26865963     DOI : -
Core Subject : Humanities, Education, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Jurnal Akta Yudisiaaims to develop legal sciences with focus on providing original essay, legal commentaries, responses to article printed to the journal, both establishes and emerging academic and practioners. Jurnal Akta Yudisia published on January and July. It contains articles on doctrine and scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 127 Documents
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KERUKUNAN ANTARUMAT BERAGAMA DALAM PERSPEKTIF HUKUM PIDANA July Esther
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v1i2.968

Abstract

Abstract Religious diversity is often a challenge in harmony, there is still statically addressed (exclusive), has not led to a motion proactive in building unity among religious. Harmony among religious believers in the perspective of criminal law refers to one of the articles in the Code of Penal about setting Crimes Against Public Order, namely Article 156a, which is the rider with the Presidential Decree of the Republic of Indonesia Number 1 / the 1965 on the Prevention of Abuse and / or blasphemy. Treatment of the perpetrators either individual or organization or belief is preceded procedural measures and stages of criminal sanctions for perpetrators of violations of Article 1 of the Republic of Indonesia Presidential Decree No. 1 / the 1965 as the final sanction which wants peace.Keywords: harmony, religious communities, the criminal law.
PERSAMAAN HUKUM KEBEBASAN BERPOLITIK ANGGOTA TENTARA NASIONAL INDONESIA DAN KEPOLISIAN NEGARA REPUBLIK INDONESIA DALAM PEMILIHAN UMUM DI INDONESIA Basuki Kurniawan
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v3i1.984

Abstract

ABSTRACT  The members of INA and PIR don’t give right to vote and be elected in general elections because there is worried about right to vote and be elected will be bringing on not neutral in general election, with the result that general elections principle is direct, general, secret, honest, and fair will not be achieved if right to vote and be elected is given. Although that worried still be able to debate in theoretical. It is becaused if right to vote and be elected for members of INA and PIR are given, so will not influence the vote result majority in general elections. The concept  to give right to vote and be elected  for members INA and PIR in general elections need to be implemented, because in the first general elections in 1955 the members of INA and PIR follow to vote and be elected in general election, and than there was not problem happen in thats time. Because of that  be alternative thought bargained  in this thesis; The concept  of  legal protection  for members INA and PIR in political freedom is looked from human right protection principle is given  freedom for members INA and PIR  to vote the candidates house representatives, house representative region, house representative people, President and Vice President with free without any pressures from the institution INA and PIR. And than  for the members INA and PIR propose their self as candidates the members House Representative, House Representative Region, House Representative People, President and Vice President permitted to be candidate as form of political freedom to every people Keyword: legal equality, political freedom, general election.
Pengelolaan Dana Desa Di Tinjau Dari Perspektif Pencegahan Korupsi Roy Marthen Moonti
JURNAL AKTA YUDISIA Vol 5, No 1 (2020): Jurnal Akta Yudisia Volume 5 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v5i1.1215

Abstract

The research aims at investigating the prevention efforts of corruption crime of management village fund reviewed from Indonesian law and to investigate the village fund management model reviewed from the perspective of corruption prevention aspect. This research used normativeempirical, the data used primary and secondary data from questionnaires and interview. This research is analyzed in qualitative with inductive method, and descriptive which is explaining, and describe appropriate with problems related with this research. In prevent corruption happens in management village fund, the effort which is offered by the researcher is: identified corruption modus, the increase ofintegrity capacityvillage officials, increase the capacity of village facilitators, refused intervention from local government in order to prevent the fraud in managing village funds and model village funds management of all village refers to Minister of Home Affairs regulation number 20 year of 2018 changes to the Minister of Home Affairs regulation number 113 year of 2014 which clearly there are all governance of village fund management models that are right on target, but in managing the village fund is still has officials not maximum or patient in manage village fund.Suggestion which is offered from the researcher in prevent corruption are identifycorruption modus, the increase ofintegrity capacity village officials, increase the capacity of village facilitators, refused intervention from local government, and T test result showed that the efforts of corruption prevention is effective and influence in management of village fund.
PRINSIP-PRINSIP NEGARA HUKUM DALAM AL-QURAN DAN AS-SUNAH DAN IMPLEMENTASINYA DI INDONESIA Siti Hamimah
JURNAL AKTA YUDISIA Vol 2, No 1 (2017): Jurnal Akta Yudisia Vol. 2 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v2i1.979

Abstract

Abstract As known in the Republic of Indonesia, which is the basis of its legal life is Pancasila, both as outlined in the preamble nor the body of the Constitution of 1945. And therefore the whole law dibujo by the state or government in the broadest sense, is not permitted contrary to God's law, even more so, any order made law, must berksaran above and diktunjukan for the implementation of the law of God. It en el mar as a logical consequence than the precepts on God in Pancasila, which is legally binding, to the people and the government to put it into practice. Inside the Pancasila enviar, religion has a central position. In it, embodied the principle that puts religion and to the Lordship of the Almighty in a position first and foremost. Therefore, it can not not, religion, also, must, admittedly, has a position, which is important, main, deep, effort, reform, law, criminal, national. Therefore, the authors are interested, write to, approach, law, Islam, about, practice, constitutional, that is, Indonesia, by referring, on the principles, contained in the Qur'an and the Sunnah of the ProphetKeywords : Prinsiple, Pancasila, civil law
PENENGGELAMAN KAPAL TERKAIT TINDAK PIDANA ILLEGAL FISHING SEBELUM ADANYA PUTUSAN PENGADILAN YANG BERKEKUATAN HUKUM TETAP Banan Prasetya
JURNAL AKTA YUDISIA Vol 4, No 2 (2019): Jurnal Akta Yudisia Volume 4 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i2.1196

Abstract

ABSTRACTThis research will be reviewed by the legal facts of the act of sinking illegal fishing vessels conducted by law enforcement officers or fisheries investigators in the Indonesian Fisheries Waters. The sinking of ships was carried out given the increasingly widespread theft of fish by foreign ships. An interesting legal issue to explore is about the sinking of illegal fishing vessels in a review of Indonesia's legal perspective. The purpose of this study is to analyse the sinking of ships related to the crime of illegal fishing before a court decision has permanent legal force, whether it is following applicable law. The next objective is to analyse the legal consequences of the ship sinking in the practice of enforcing illegal fishing criminal acts before a court decision has permanent legal force. This research is legal research with normative legal research type so that the analysis method used is a qualitative study that is built based on legal arguments to answer the problematic issues of this research law. The results showed that the act of sinking illegal fishing vessels in Indonesian fisheries waters by law enforcement officers or Indonesian fisheries investigators, normatively dogmatically, was following the provisions of Indonesian national law, which had been informed in Article 69 Paragraph 4 of Law Number 45 the Year 2009 regarding Fisheries, has also been by the provisions of international law, as regulated in Article 73 of UNCLOS 1982. Furthermore, the legal consequences of the sinking of illegal fishing vessels before the existence of a court decision have permanent legal force, normatively, has juridical implications on three things, namely: First, after the sinking of illegal fishing vessels became the basis for law enforcement officers or fisheries investigators to conduct further investigations within the formal criminal law enforcement framework; Second, the sinking of the ship has a legal effect on the status of the ship that sunk into status as evidence of the proceeds of crime or criminal acts that can be confiscated; Third, the sinking of the illegal fishing vessel has legal implications on the offender who can be subject to the status of a suspect and can even be raised to the status of a defendant of an illegal fishing crime. The author recommends that the Indonesian government through the foreign ministry should make diplomatic efforts to the international community to urge the United Nations to make illegal fishing a transnational crime. The procedure of permanent sinking of illegal fishing vessels, should not only be limited to the regulations of the Director-General of Fisheries but by the Indonesian government in the form of special legislation. Kata Kunci: Penenggelaman Kapal, Illegal Fishing, dan Penegakan Hukum 
KEWENANGAN PT. PELINDO IV TARAKAN TERHADAP HAK ATAS TANAH DAERAH LINGKUNGAN KERJA PELABUHAN Endy Kurniawan
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v1i2.974

Abstract

Abstract The title of the research is to " LAW REVIEW THE LAND ENVIRONMENT WORKING OF PORT AREAS (DLKr) PT. PELINDO IV OF TARAKAN. The purpose of this research is to analyze the authority of PT PELINDO IV Tarakan as holders of land rights in the form of Rights Management (HPL) the land environment working of port areas. In addition, the study also to analyze the land of rights can be given to the people on ) the land environment working of port areas or coastal region. This Research to use normative legal method to study with the type of normative juridical. As for the approach used in this study is the statute approach and conceptual approach. Sources of legal materials used are primary, secondary and tertiary legal material. Legal materials collection techniques used this study to collect and analyze the Regulation in relating to the legal issues raised, as well as collecting the conceptual framework and legal theory to be the basis of analyzing the legal issues studied. PT. PELINDO IV of Tarakan has the authority to the land environment working of port areas with Right to used (HPL) contained in the Joint Decree of the Minister of Home Affair and Minister of Transportation Number 31 of 1992 K.M Number 9 of 1992 concerning frontier Work Environment Ports. In the fourth dictum of the Joint Decree of the Minister of Home Affair and Minister of Transportation, PT. PELINDO IV of Tarakan required to complete the land registration process in the Land Office in accordance with applicable regulations. Until now PT. Pelindo IV Tarakan not enroll all of the land which they are entitled and limitations affect the authority of PT. Pelindo IV Tarakan on the overall the land environment working of port areas. Keynote : Land Law, HPL, Law Review
KEDUDUKAN SIGHAT TAQLIQ TALAQ DALAM HUKUM ISLAM Zainal Abidin Muhja
JURNAL AKTA YUDISIA Vol 4, No 1 (2019): Jurnal Akta Yudisia Volume 4 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i1.1021

Abstract

Weddings are performed by bond of trust , means that men and women who were married in the territory of the Republic of Indonesia shall have the religion together . The principle of the law of marriage is absolute means to not have a period of time dalaluarsa . Marriage must also be registered at the Office of Religious Affairs and registered atNote Civil . Marriage is an agreement between a man and a woman in the scope of family law . Marriage is a worship that will continue to take place up in heaven . By because it's every couple must keep the rope marriage that is not interrupted and canceled . Inamong those who cancel the marriage are divorce. Divorces according to Language is decided bond . As for the term fiqhi is decided bond of marriage with the pronouncement of talaq or that convey the same to the pronouncement of divorce . This study discusses "the effect of the Sighat Tak'lik agreement on the marriage bond in Sharia and its impact on divorce in religious courts in Tarakan City "The research is aimed to know the result of treaty sighat Tak'lik and its impact on the divorce that happened in court Religion Tarakan City and knowing Forms agreement sighat Tak'lik who cancels wedding in sharia . The type of research that is used is the study of law Juridical Normative among others case approach, conceptual approach and statute approach. Case approach is  the approach by way of doing research on the case - a case that relates to the issues that face .             Keywords: Sighat Taqliq , Talaq, Marriage , Marriage , Shariah
MEMPERLUAS MAKNA ZINA DALAM GUGATAN PERCERAIAN (Studi kasus putusan Pengadilan Agama Tigaraksa No. 1538/Pdt.G/2013/PA.Tgrs) Umar Haris Sanjaya
JURNAL AKTA YUDISIA Vol 1, No 2 (2016): Jurnal Akta Yudisia Vol. 1 Nomor 2
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v1i2.969

Abstract

Abstract This study focused on discussing the meaning of zina laws that existed at the Compilation of Islamic Law and Government Regulation No. 9 Year 1975 on the implementation of Law No. 1 Year 1974 on Marriage, which the courts in applying the word adultery should also look at the changing patterns of behavior and adultery today. Adultery should no longer be defined as sexual intercourse with the entry of male into the female sex, but the behavior of adultery was bermcam-wide one is oral sex. Behavior oral sex is a matter of a lawsuit against a husband and wife on the grounds of adultery lawsuit, but the court rejected it. This study contains the problem is how judges interpret the word adultery in making judgments in divorce? whether oral sex can be classified into the word adultery? The study found that oral sex by law can not be regarded as adultery, but the act of adultery into. Proof of adultery can only be recognized when the entity relationship entry into the male female sex. In conclusion, the judges interpret the meaning of the word adultery adultery per se, but the behavior of adultery are now widely different patterns and actions. Justice should not only look at the regulations simply make judgments, but look at the pattern of behavior or adultery committed in defining the word adultery.Keywords: adultery, oral sex, meaning law
ASPEK HUKUM LABORATORIUM FORENSIK KEIMIGRASIAN: STUDI KASUS PEMERIKSAAN PASPOR PALSU KEBANGSAAN INGGRIS ATAS NAMA ABBAS TAUQEER Muhammad Alvi Syahrin
JURNAL AKTA YUDISIA Vol 3, No 1 (2018): Jurnal Akta Yudisia Vol. 3 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v3i1.985

Abstract

ABSTRACTIncreased traffic flow of people entering and leaving Indonesia, had causing various level of immigration crimes. Passport fraud as a crime committed by replacing, altering part or all of a passport, or using false information to receive a passport, has become a serious matter now. Currently, almost all the proof of counterfeit passport process is checked in the Immigration Forensic Laboratory at the Immigration Intelligence Directorate. The formulation of the problem studied in this paper is how the role and challenge of Immigration Forensic Laboratory in conducting examination of fake passport on behalf of Abbas Tauqeer. The research method used is normative and empirical legal research. Based on the results of the research can be seen that the Immigration Forensic Laboratory has an important role as the center of examination of fake immigration documents consisting of several technical stages. Forensic analysis of the case found damage to passport biodata pages, different types of letters on passport biography, photos and biodata replaced, passport chips damaged, and unreadable chips in Automatic Document Reader. Then, the challenges faced include the lack of human resources, facilities and infrastructure has not been representative, the absence of Standard Operational Procedure (SOP), and the lack of care of officers in the field.Keywords: Immigration Forensic Laboratory, Counterfeit Passport
BANTUAN HUKUM TERHADAP TERSANGKA YANG DIANCAM PIDANA LIMA TAHUN ATAU LEBIH DALAM PROSES PENYIDIKAN sunaryo sunaryo
JURNAL AKTA YUDISIA Vol 5, No 1 (2020): Jurnal Akta Yudisia Volume 5 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v5i1.1252

Abstract

Abstract Sunaryo. 2019. Legal Assistance to Suspects who are subject to a sentence of five years or more in The Investigation Process. Under supervised by Dr. Syafruddin, S.H., M.Hum, Dr. Ilham Agang, S.H., M.H                     This research background was based on the law enforcement of criminal law in Indonesia where the appreciation of human rights is often ignored by investigators to the suspect by doing acts of violence both psychological and physical violence through persecution. This occurred because suspects do not have legal assistance in process investigation.  Based on Criminal Code Procedures (KUHAP) guarantees the right of suspects who threatened with a sentence of five years or more must be accompanied by his/her lawyer at every level of examination as stipulated in Article 114 KUHAP in section Article 56, verse (1). The research design of this research was normative law. The statute approach and conceptual approach were used in analyzing research data. Research data were primary; written law product, and secondary; law literature and specific literature and other relevant research sources. The results showed that the fulfillment of legal assistance to the suspects, who were threatened with a sentence of five years or more, in the investigation process was necessary needed to protect their rights and avoid acts of arrogance, arbitrariness, physical acts and psychological violence. However, if the investigators do not fulfill this matter, the lawsuits or demands of the public prosecutor cannot be accepted, so the case file is returned and asked for reinvestigation is carried out in accordance with the Criminal Procedure Code. The investigators should be punished because of their negligence. This research recommends that investigators should carry out the process investigations adhere to the Criminal Procedure Code by providing legal assistance to the suspect and if investigators commit negligence in carrying out investigations can be prosecuted with the ethics code of the National Police based on the law criminal procedure. Keywords: Legal assistance, Sanctions, and suspect's rights

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