Madani Legal Review
Fokus dari Jurnal ini untuk menyediakan sebuah wadah baik akademisi, peneliti, praktisi untuk mempublikasikan hasil-hasil penelitian dan bidang cakupannya sesuai dengan topik Jurnal yakni membahas masalah Hukum, diantaranya: Hukum Pidana, Hukum Perdata, Hukum Internasional, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Islam, Hukum dan HAM, Hukum Ekonomi Bisnis, ekonomi syariah, Hukum Kesehatan, Hukum Lingkungan, Hukum Adat, Filsafat Hukum, Sosiologi Hukum, Psikologi Hukum, Hukum Pajak dan HAKI.
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85 Documents
<![CDATA[IMPLEMENTASI REHABILITASI TERHADAP ANAK SEBAGAI KORBAN PENYALAHGUNAAN NARKOTIKA ]]>
<![CDATA[Andi Winarni]]>
<![CDATA[ Madani Legal Review Vol 2 No 1 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i1.328
<![CDATA[This study aims to determine the implementation of rehabilitation of children as victims of narcotics abuse. This type of research is empirical research. The results of this study indicate that the implementation of rehabilitation of children as victims of narcotics abuse so far not considered effective. This is because there is no separation conducted by BNN Baddoka Rehabilitation Center between adult resident and resident of child. So that the therapy program (rehabilitation) obtained by the child is no different from that obtained by adults. Factors that impede the implementation of rehabilitation of children as victims of narcotics abuse are (a) legal substance factors, in which there are no clear rules governing the form and type of rehabilitation given to victims of childhood narcotics abuse; (b) facilities and facilities factors. The absence of adequate human resources (HR) and facilities to carry out child-specific rehabilitation; (c) individual factors of the child, family and community. The presence of it wants to be free of children and fear of slanted news obtained by the child about the condition of the rehabilitation hall to make children and families became reluctant to bring their children to undergo rehabilitation program. Meanwhile, the negative stigma of the people about the victims of drug abuse has not changed. Those who have completed the rehabilitation program at the rehabilitation center are also viewed as dangerous negative figures if they exist in the community]]>
<![CDATA[PENGUATAN CLASS ACTIONS DAN LEGAL STANDING DALAM PEMIKIRAN PERBARUAN UUPPLH DENGAN PERSPEKTIF HUKUM PROGRESIF ]]>
<![CDATA[Nuria Siswi Enggarani]]>
<![CDATA[ Madani Legal Review Vol 2 No 1 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i1.329
<![CDATA[Increasing cases of pollution and environmental destruction are closely related to environmental law instruments as the pillars of law enforcement in the settlement of environmental disputes. Environmental law instruments are regulated by Law no. 32/2009 on Environmental Protection and Management. The type of this research is normative law research with statute approach and conceptual approach with research object that is Law no. 32 of 2009 on the Protection and Management of the Environment and various practices of class action and legal standing lawsuits. This study aims to examine the form of settlement of environmental disputes through litigation accommodated by the Environmental Law through class action (legal action) and legal standing (lawsuit of Environmental Organization). Even class action movements have been recognized in the juridical formal level, but are still constrained by the understanding of the shallow society in practical terms. Likewise, the legal standing is hampered by its own procedural petition which is considered to be limiting and reducing the space of the Environmental Organization to defend with compensation. This is the importance of the UUPPLH's renewal concept in order to better accommodate the power of community autonomy in environmental advocacy with a progressive legal perspective as a breakthrough. More concretely, the expected long-term goal of creating an upcoming environmental law reform is directed to a number of things, among others, the idea of a certified judge in the field of environment, the formulation of KLH institutional strengthening and greater access placement for communities to strengthen community autonomy towards civil society]]>
<![CDATA[ASAS PUBLISITAS PADA PELAKSANAAN PROGRAM NASIONAL AGRARIA DALAM RANGKA MEWUJUDKAN EFEKTIVITAS PELAYANAN PUBLIK ]]>
<![CDATA[Rahmat Wiwin Hisbullah]]>
<![CDATA[ Madani Legal Review Vol 2 No 1 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i1.331
<![CDATA[PRONA is a series of activities of massive land certification, in a village administration area or other title or parts thereof. Currently, the implementation of PRONA in Indonesia is implemented based on Regulation of the Minister of Agrarian Affairs and Spatial / National Land Agency Number 4 Year 2015 on the National Agrarian Program (hereinafter referred to ATR Regulation of PRONA). Implementation of PRONA is the responsibility of the State so that its implementation is charged to the State Civil Apparatus working in the District Land Office. Thus, the implementation of PRONA is also closely related to government action. In addition to government action, PRONA is also related to public services. Therefore, it is necessary to pay attention to the principles in the administration of land registration, public administration and public services]]>
<![CDATA[EKSISTENSI DAN INTEGRITAS BAWASLU DALAM PENANGANAN SENGKETA PEMILU ]]>
<![CDATA[Muhammad Ja’far]]>
<![CDATA[ Madani Legal Review Vol 2 No 1 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i1.332
<![CDATA[As an institution that is presented to oversee the implementation of elections, the General Election Supervisory Board is expected the role and integrity so that the implementation of elections can run as expected and running smoothly. The formulation of the issues raised is how the role of Election Supervisory Body in handling election disputes in Indonesia. The research method used is juridical normative with primary law material. The result of the research is that the Election Supervisory Board has an important role as the guard of the general election as mandated in the Law on the Implementation of General Election, it is mentioned that the function of Election Supervisor is as described in the duties, authorities and obligations of General Election Supervision]]>
<![CDATA[PENEGAKAN HUKUM OLEH HAKIM AGUNG REPUBLIK INDONESIA DALAM MENANGANI KASASI PERKARA KARTEL PUTUSAN KPPU YANG MENGGUNAKAN ALAT BUKTI TIDAK LANGSUNG (INDIRECT EVIDENCE) ]]>
<![CDATA[Fransiska Lestari Simanjuntak]]>
<![CDATA[ Madani Legal Review Vol 2 No 1 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i1.333
<![CDATA[Business Competition Supervisory Commission (KPPU) is an institution authorized to handle unfair business competition violation. In fact, in several KPPU decisions it was revealed that KPPU prioritizes indirect evidence in handling cartel cases in Indonesia. KPPU's decision is not final and binding. Business actors who do not accept the decision of KPPU may file an objection at the District Court. The parties who do not accept the decision of the district court, may file an appeal in the Supreme Court of the Republic of Indonesia. The type of research is used in this research is normative legal research, that is research done by reviewing the rules of law applicable or applied to a certain legal problem. The result of the research shows that in the Supreme Court appeal, KPPU's decision was upheld and canceled by Supreme Court to KPPU's decision uses indirect evidence in handling cartel case. The basis of consideration of the Supreme Court Justices ruling the KPPU's decision in the case of the tire cartel and the cement cartel is the Chief Justice accepting and acknowledging the indirect evidence as valid evidence, since the evidence is sufficient and logical evidence, and there is no evidence the more powerful that can weaken the indirect evidence. While the consideration of the Supreme Court Judge overturning the KPPU's decision in the case of cartel fuel surcharger is not accepting and acknowledging indirect evidence as valid evidence, because the evidence is insufficient and illogical, and there is stronger evidence that can weaken the tool indirect evidence]]>
<![CDATA[SANKSI KERJA SOSIAL, SEBUAH ALTERNATIF PENALISASI TERHADAP PELANGGARAN LALU LINTAS DI KOTA PAREPARE ]]>
<![CDATA[Firmansyah]]>
<![CDATA[ Madani Legal Review Vol 2 No 2 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i2.334
<![CDATA[Social work sanctions is an alternative in handling traffic violations without going through a litigation process, this research aims; First, to find out the right strategies related to social work sanctions. Second, to find out the factors that influence the implementation of social work sanctions and finally to find out the impact of the application of social work sanctions. The research method used is a socio-normative research method. Data collection techniques for library research and interviews. The results of this study indicate that the strategies is used in implementing social work sanctions are; Field survey, socialization Collaborate with the police to conduct sweeping on the object of research, carry out social / social work sanctions and install stickers to control and there needs to be a conscious area or traffic order. namely the existence of the concept of ultimum Remedium. It’s mean that criminal is the last step and the Discretion is a power or authority that is carried out based on the law for consideration and belief and emphasizes moral considerations rather than legal considerations. The inhibiting factors are; Written rules or regulations / substances that do not yet exist, lack of socialization and legal culture or attitudes of both the community and the police are still low regarding legal issues. Finally, the impact of the implementation is the creation of rules or laws that specifically regulate the issue of social work sanctions. The next thing is the creation of the Community Police Concept]]>
<![CDATA[PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM ]]>
<![CDATA[citra]]>
<![CDATA[ Madani Legal Review Vol 2 No 2 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i2.335
<![CDATA[Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children]]>
<![CDATA[PELAKSANAAN PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM (STUDI DI KOTA MAKASSAR) ]]>
<![CDATA[Sulastri M]]>
<![CDATA[ Madani Legal Review Vol 2 No 2 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i2.336
<![CDATA[The focus of the research is based on facts in the field regarding public land acquisition. Besides wanting to know how the land acquisition process is, it also wants to know the factors that influence land acquisition for the public interest in the city of Makassar. This research is legal research (empirical research) with a legal approach (statute approach). The results of the study indicate that the politics of land law in Indonesia is contained in the LoGA, that the state is not the owner so that the state does not own land. Therefore, the UUPA is not known as eigendom. However, the existence of a state within the scope of the land is only authorized to regulate various issues relating to land in Indonesia, including the authority of land regulation that is increasingly important especially if there are government agencies that need land as the land where development is carried out in the public interest. land to government agencies for development in the public interest, it is deemed necessary to have a legal rule that can be used as a reference in a positive law.]]>
<![CDATA[MENDORONG RESES PARISIPATIF MASUK DALAM TATA TERTIB DPRD KOTA PAREPARE ]]>
<![CDATA[ibrahim Fattah]]>
<![CDATA[ Madani Legal Review Vol 2 No 2 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i2.337
<![CDATA[The recess is regulated in the DPRD rules but does not regulate the method of community involvement so that many recess results do not reveal the problems faced by the community and consequently the solution is not found to later become a development activity that is budgeted annually through the APBD. The purpose of this paper is to find out the right strategy related to revising the DPRD Regulations governing the recess of DPRD members. To find out the factors that influence the implementation of recess of DPRD members. To find out the results of implementing Participatory Recess for DPRD members and the community. The research method that I use in this study is socio-normative consisting of normative and sociological research. The approach to legislation (statue approach) is to review a number of legislative rules relating to the recess of DPRD members. The results of the research are conducting a strategy, namely; Identify to Publish the process of implementing participatory recesses through media newspapers and online media. The influencing factors are; 1) the availability of Human Resources that are national regulations on Information Technology, Integrity, consistent attitudes and behaviors, media publications, and Civil Society Organization (CSO) Partitions. The results of the implementation of Participatory Recess for DPRD members and the community in the City of Parepare are more maximal]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PRODUK PANGAN INDUSTRI RUMAH TANGGA YANG TIDAK BERLABEL DI KABUPATEN ENREKANG ]]>
<![CDATA[Asram AT Jadda]]>
<![CDATA[ Madani Legal Review Vol 2 No 2 (2018): Madani Legal Review ]]>
Publisher : <![CDATA[FAKULTAS HUKUM UM PAREPARE ]]>
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DOI: 10.31850/malrev.v2i2.338
<![CDATA[The development and expansion of ecenomy especially in the sector of nasional industry and trading have been produce all kinds of goods snd services that can be consumend. That condition makes the position of consumer and producer aren’t balance. The main factor which being weakness for consumer is the consciousness bout their right are still low. One of the rights for consumer is information roghts, it forms food label but there are still can be found products from home industries food label in food in fact. That purpose from this research is know legal protection for the consumer againts unlable home industry’s food product and responbillity from producer unlabel home industry’s food. The research uses normative law receach. The writer uses legislation nd concept approach. The law data taken from primary, secondary, tertiary law. It will be analyzed a prescriptive that extend argumentation of the result as the writer did the research. From the research, it can be conclude that the legal protection for consumer about home i dustries food product which have not label that is preventive legal protection. Sanction related to food labeling only administrative sanction]]>
