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INDONESIA
ADIL : Jurnal Hukum
Published by Universitas Yarsi
ISSN : 20866054     EISSN : 25979884     DOI : https://doi.org/10.33476/ajl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal adil adalah jurnal yang berfokus pada ilmu hukum secara keseluruhan yang dihasilkan dari ilmu-ilmu dasar hukum, masyarakat serta penelitian ilmu hukum yang mengintegrasikan ilmu hukum dalam semua aspek kehidupan. Jurnal ini menerbitkan artikel asli, ulasan dan laporan kasus-kasus hukum yang menarik.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
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Search results for , issue "Vol 2, No 3 (2011): DESEMBER 2011" : 9 Documents clear
KORUPSI DI KALANGAN PENEGAK HUKUM DAN SELEKSI HAKIM SEBUAH PENDEKATAN SEJARAH Chatamarrasjid Ais
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (470.607 KB) | DOI: 10.33476/ajl.v2i3.842

Abstract

Corruption has been in existence since the human history began. Such practice is rife notonly among commoners in the society but also among law enforcers. Some measures havebeen taken to prevent corruption from occurring among law enforcers; one of which istight selection when recruiting in-service judges or justices and other law enforcers.Indonesian Judicial Commission which is in charge of this selection process proposes andsubmits three times the number of expected justices to the House of Representatives whowill then—from the names given—choose the appointed supreme court justice. It isassumed that the appointed officer is the one who possesses solid integrity, is capable ofpreventing corruption practices, and has the courage to give punishments to theperpetrators of corruption. This research is normative in nature, applying literature-studymethod, with history and statute approach. History has shown evident differences betweenin-service judge selection process in the past and the one of today. There is cleardistinction between these two selection processes in terms of the candidates’ origin andselection requirements. Prabu Hayam Wuruk has apparently laid the basis of supremecourt justice selection process to generate justice with high integrity. According to itsvision and mission, Judicial Commission is expected to perform well by—in this particularmatter—recruiting quality justices.
DELIK AGAMA DALAM PERSPEKTIF HUKUM PIDANA DAN KAITANNYA DENGAN HAM Maria Silvya E. Wangga
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (415.313 KB) | DOI: 10.33476/ajl.v2i3.847

Abstract

his research explains Article 156a of the Indonesian Code Penal aboutblasphemy. This Article can only be apllied the implementation of Articles 1,2,and3 of the Act number 1/1965 on Protection, Abuse and or Blasphemy. Those articlesregulate the requirements of the settlement of blasphemy. Those requirementsconsist of 1) letter from the minister of religion, the attorney general and theminister internal affairs; 2) The President of the Republic Indonesia will state thatwhether and religious organization will be prohibited and 3) when the prohibitedorganization will continue has activites than at will be sunction by 5 years ofimprison. In this paper, the writer will also explain the implementation of Article156a of Indonesian Code Penal and Article 1,2,and 3 of the Act number 1/1965 onProtection, Abuse and or Blasphemy is in accordance with principles of humanrights
FUNGSI MELAYANI KEPENTINGAN SOSIAL DALAM REFORMASI HUKUM MENUJU HUKUM RESPONSIF Soenyono Soenyono
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (255.36 KB) | DOI: 10.33476/ajl.v2i3.843

Abstract

Laws, according to Philippe Nonet and Philip Selznick, have fallen into three categories:repressive, autonomy, and responsive laws. Responsive law particularly deals with publicservice. This research prioritizes literature study on the theories of law by Nonet-Selznick,supported by juridical studies on legislation which is in line with responsive law. Thefindings of this research suggest that law can perform–in this regard, to serve the publicinterest—well on several conditions: (1) its substance highly values public interest andsocial justice, (2) it is implemented by sound and reliable legal institutions supported byhigh-integrity apparatus, (3) people consciously abide by the law. Therefore, achieving theexistence of the so-called responsive law—that is the law which provides the people withprotection and serves the public interests based on legal, moral, and social justice—requires (1) the development of law substances to uphold social interest and social justice,(2) the establishment of a legal institution which is responsive to social needs and publicdynamics, and (3) the promotion of legal awareness.
IMPLIKASI ASAS KEBEBASAN BERKONTRAK DALAM PRAKTEK PENGGUNAAN FORMAT-FORMAT KONTRAK M. Nuzul Wibawa
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (282.83 KB) | DOI: 10.33476/ajl.v2i3.848

Abstract

One thing that is common in most of case files submitted to the court is theambiguously multi-interpretational contracts or the imbalanced positions of the partiesinvolved, which consequently results in dispute instead of sustainable harmony betweenthem. This research applies normative method which involves literature study andrelated provisions of law. From the above explanation, it can be concluded that anyaspects related to legal contracts could potentially lead to dispute when none of theinvolved parties has the willingness to anticipate it. In practice, moreover, physicalform of legal contract might spark particular conflicts. Government, in this regardthrough relevant agencies, should play an active role in formulating clear, definitivestandard—including the one which regulates technical aspects—of legal contracts tominimize potential conflicts or disputes in the future.
HAK GUNA BANGUNAN ATAS HAK PENGELOLAAN (Suatu Kajian Perolehan Hak dan Perpanjangan Jangka Waktu) Urip Santoso
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (344.333 KB) | DOI: 10.33476/ajl.v2i3.844

Abstract

Building rights on land can have effect on state land, right-of-management land, andproperty-right land. Building rights on land over right-of-management land can beattained through land-use agreement, whose issuance should be under approval of districtland office. Its extension period should be under written approval of the owner ofmanagement right. This research applies legal-research method, particularly normativelawresearch. This means that it examines an issue based on the existing laws, especially the ones related to land issues. And this research embraces both statute and conceptual approaches. The right to build on a pot of right-of-management land is proceeded by mutual land-use agreement between the owner of management rights and the prospective owner of building rights. The former has the full authority whether or not to approve the extension period for the latter. Also, the former has the capacity to decide the compensation rate, the terms and conditions which the prospective owner of building rights must abide by. The detailed articles on the above aspects should be put in written on a notarized deed or on a sub-rosa deed by the two parties.
ANALISIS YURIDIS PERKAWINAN YANG TIDAK DICATATKAN PADA LEMBAGA PENCATAT PERKAWINAN Wahyudi Sulistia Nugroho
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.79 KB) | DOI: 10.33476/ajl.v2i3.849

Abstract

he Law No.1/1974 clearly stipulates that marriage must be registered at theregister office or at religious affairs office. Still, there are people who ignore it; theylet their marriage be unregistered. Although unregistered marriage is essentiallyaccepted from the religious aspect since it has met all the religious terms andrequirements, it is legally unjustifiable because it is not registered to the civilmarriage registrar. What has then become an issue is that the number ofunregistered marriages is significantly growing so that the couples do not haveauthentic evidence which is an essential document for the legal security of theirmarriage. An unregistered marriage unquestionably brings legal consequences tothe status of the couples (the husband and the wife), the status of their children, aswell as the status of their estate. There are many factors which contribute to thephenomenon of unregistered marriages.
PERDAGANGAN ORANG (TRAFFICKING IN PERSONS) DITINJAU DARI KUHP DAN HAK ASASI MANUSIA Fransiska Novita Eleanora
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.53 KB) | DOI: 10.33476/ajl.v2i3.845

Abstract

Human trafficking is a type of trade involving public migration and trans-law system, andits existence is illegal for the labors work by force, and its main aim is very much close toslavery. This research applies literature-study method. The findings of this researchsuggest that the number of articles related to the punishments for the involvement in humantrafficking in the Criminal Code (KUHP) is reasonably numerous since such an actsubstantially deprives one’s rights to live, grow, and develop. Human trafficking is alsoclearly against human rights to which a person is inherently entitled. From the humanrights perspective, human trafficking is considered a serious violation which deprives one’srights to live, grow, and develop. The contributing factors of this issue are poverty, pooreducation, poor birth recording system, culture, slavery-like jobs, early marriage, legalpolicy, gender bias, and corruption.
PELUNASAN BEA METERAI ATAS DOKUMEN DI INDONESIA Evie Rachmawati Nur Ariyanti
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (219.671 KB) | DOI: 10.33476/ajl.v2i3.850

Abstract

The Law No. 13/1985 sets a tax on documents, which is called stamp duty. Itsdetailed and technical implementation is further described in GovernmentRegulation No. 24/2000 on the New Tariff for Stamp Duty and its Imposition Limitof Nominal Price. So far, many people are familiar with only one type of stamp:seal on receipts. In addition, many people are still uninformed about when it iscompulsory to stamp on their documents. Through juridical-normative approach,this research found out that there is another alternative to attaching stamps orseals to pay stamp duty on documents: either manual or digital franking machine.This means of repayment involves fixed procedures. The sealing or stamping itselfuses seals on receipts or tax collection letters. This ty,stmpingmeans of sealing isdone to documents used as evidence previously not payable on stamp duty andinsufficiently paid. This stipulation also applies to documents made in othercountries which are to be used in Indonesia.
PENEGAKAN HUKUM JABATAN NOTARIS DALAM PEMBUATAN PERJANJIAN BERDASARKAN PANCASILA DALAM RANGKA KEPASTIAN HUKUM Endang Purwaningsih
Jurnal ADIL Vol 2, No 3 (2011): DESEMBER 2011
Publisher : Lembaga Penelitian Universitas YARSI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (354.322 KB) | DOI: 10.33476/ajl.v2i3.846

Abstract

Notaries, when exercising their authority as public officials, should equip themselves withPancasila values so that they can perform impartially and help contribute to public orderand legal certainty. This research reviews notaries’ implementation of Pancasila values ina bid to achieve legal certainty to any related parties, particularly those involved in legalagreements. This research is normative in nature, featuring legal documents as materialsor literature to analyze and from which conclusions are drawn. The findings of thisresearch suggest that—to have quality notary professionals—the law enforcement fornotary office based on Pancasila values should be done through such measures as: (1)properly and consequently exercising their authorities as notaries as stipulated in UUJNand (2) performing based on Pancasila values, upholding professional ethics with moralintegrity in a way that they value honesty, are aware of their boundaries, and possess thetrue sense of justice. This means that they are not tempted by bribe; they also work notmerely to gather formal evidence without putting the sense of justice into consideration.Thus, the expected qualities of notaries are: (1) having good will, (2) impartial, (3)upholding justice for the sake of legal certainty, (4) respecting shared consensus, (5)upholding agreement on the legal basis, (6) providing the best service on the accountablebasis, (7) upholding professionalism based on codes of ethics, (8) upholding andimplementing Pancasila values, (9) maintaining public trust, (10) exercising authoritieswithin boundaries as stipulated in UUJN (formal authorities), and (11) always upgradingtheir competence, skills, and professional network.

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