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Madani Legal Review
Published by Universitas Muhammadiyah Parepare
ISSN : 25979353     EISSN : 25806319     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 90 Documents
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FUNGSI SATPOL PP DALAM PENEGAKAN PERDA NOMOR 7 TAHUN 2006 TENTANG KETERTIBAN UMUM DI KABUPATEN SAMBAS (Studi Kasus di Desa Jagur) Tamrin, Marilang, Kurniati
Madani Legal Review Vol. 5 No. 1 (2021): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i1.950

Abstract

Each district / city must have a plan to achieve in managing and regulating its government. One of them is in the aspect of order and peace. To carry out matters of peace, public order, and protection of the community, the local government formed Satpol PP. The focus of this research problem is how the function of Satpol PP in enforcing Regional Regulation Number 7 of 2006 concerning public order in Sambas Regency and what factors become obstacles. This study uses empirical legal research methods. The results of the study show that the function of the Satpol PP is based on the Sambas Regency Regional Regulation Number 4 of 2016 concerning the Formation and Organizational Structure of the Sambas Regency Regional Apparatus and the Sambas Regent Regulation Number 53 of 2016 concerning the Position, Organizational Structure, Duties, Functions and Work Procedures of the Pamong Praja Police Unit of Sambas Regency and factors inhibiting the implementation of the function, among others: the factor of the lack of personnel to enforce the regional regulation, the geographical factor of the very wide Sambas district, the factor of public awareness and the factor of facilities and infrastructure.
EFEKTIVITAS PELAKSANAAN PENYIDIKAN DI POLRES SAMBAS PASCA DIUNDANGKANNYA PP NOMOR 58 TAHUN 2010 Prapto Yudono; Rini; Sri Sudono Saliro
Madani Legal Review Vol. 5 No. 1 (2021): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i1.951

Abstract

This research was motivated by the fact that many officers who served as investigators still did not hold an S1 degree or equivalent so that the provisions for investigators had not met the provisions of Government Regulation Number 58 of 2010 concerning Amendments to Government Regulation Number 27 of 1983 concerning Implementation of KUHAP Article 2A. paragraph (1) letter a concerning requirements for investigators. The type of research used is field research using Field Research, which is to find events that become the object of ongoing research, both from direct information and conditions in the field. The data collection techniques used were interviews and documentation based on primary sources in the field, and secondary sources based on books or research work related to this research. Based on the results of the research supported by several sources and theories of legal effectiveness, it was concluded that it was found that investigators did not have an S1 degree so that the Sambas Police and its staff were not yet effective in its implementation.
ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM KASUS PENCEMARAN AIR Firmansyah, Asram A.T. Jadda, Uly Anggara
Madani Legal Review Vol. 5 No. 1 (2021): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i1.952

Abstract

This research aims to know the juridical analysis of corporate criminal liability in the case of river water pollution and barriers to the application of criminal sanctions against corporate criminal liability in the case of river water pollution Data analysis is done by using the Deskriftif-qualitative analysis. Findings gained from this study include, in law No. 32 of 2009 on environmental protection and management there is no coformity in the policy phase of the application, so in the future it needs to be further affirmed again and Barriers to implementation of criminal sanctions on corporate criminal liability in the case of river water pollution a criminal act committed to environmental pollution is very difficult to know. So in the application of criminal sanctions against corporate criminal liability suffered some obstacles in terms of relatively complex substance, environmental law enforcement structures are still not professional, public awareness of law and facilities that support law enforcement are not optimal.
ANALISIS TERHADAP HILANGNYA HAK POLITIK BAGI TERPIDANA KORUPSI DITINJAU DARI HAK ASASI MANUSIA Mirza Hilmi Fahlevi, Achmad Hariri
Madani Legal Review Vol. 5 No. 1 (2021): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i1.954

Abstract

As we understand, the problem that occurs is how the revocation of political rights for convicted corruption perpetrators in Indonesia and what consequences will occur if the implementation of the revocation of political rights for corruption convicts from the point of view of human rights. The purpose of this study is to find out that the revocation of political rights for convicts of corruption from the point of view of human rights based on Court Decision Number 537 K/Pid.Sus/2014 An. Inspector General Djoko Susilo. The method used is a normative juridical research method, which is based on the decision of the Supreme Court, books on corruption and the severe opinions of legal experts. The revocation of political rights for convicts of corruption is not a form of violation of human rights, because convicts of corruption are mostly state officials whose duties and functions are to protect and help the community.
PERAN HUKUM ADMINISTRASI DALAM PENEGAKAN HUKUM LINGKUNGAN DI KOTA PAREPARE Wahyu Rasyid, Sadriyah Mansur, Burhanuddin
Madani Legal Review Vol. 5 No. 1 (2021): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i1.955

Abstract

This study aims to determine the role of administrative law in environmental law enforcement in the city of Parepare, which is considered effective. This research uses the empirical normative method by examining legal documents and other papers as well as the application to legal events through data collection techniques by means of literature studies, field studies and interviews, with data analysis techniques used are descriptive qualitative. Based on the data analysis carried out, the role of administrative law in environmental law enforcement is still running in accordance with the application of administrative sanctions mandated in law so that administrative sanctions are effective and minimize cases of environmental pollution. Obstacles in the application of administrative sanctions in enforcement are internal and external obstacles so that the need to conduct socialization on environmental management and the need to increase awareness of law enforcement officials to conduct socialization so that the public can understand correctly in managing the environment.
ANALISIS YURIDIS TERHADAP TINDAK PIDANA YANG DILAKUKAN OLEH PENYEDIA APLIKASI PINJAMAN ONLINE Dirga Agung, Wahyu Rasyid
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1432

Abstract

Since This research discusses the types of crimes committed by online loan application providers and criminal sanctions against criminal acts committed by online loan application providers. In addition, this study examines criminal acts related to interference (interference) within the scope of online loan applications. The results of this study refer to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Government Regulation of the Republic of Indonesia Number 82 of 2012 concerning Implementation of Electronic Systems and Transactions, and Regulation of the Minister of Communication and Information of the Republic of Indonesia. Indonesia Number 7 of 2016 concerning Administration of Investigation and Enforcement of Criminal Acts in the Field of Information Technology and Electronic Transactions. Then legal protection for online loan application users occurs when the obligations of the online loan application provider are not carried out, it can be resolved through litigation (courts) or non-litigation channels (mediation, reconciliation, etc.).
REALITAS PELAKSANAAN HUKUM ISLAM PERSPEKTIF FATWA MAJELIS ULAMA INDONESIA DAN PERUNDANG-UNDANGAN DI INDONESIA Nilhakim, Marilang, Kurniati
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1433

Abstract

The majority of Indonesia's population is Muslim, with a long history of Islamic growth. This historical (historical) aspect is a fact of the roots of Islam in accompanying the growth journey of Indonesian citizens which is not only related to religion, social life, especially the life of the nation and state. The emergence and establishment of such Muhammadiyah and Nahdlatul Ulama as mass organizations with a religious character have shared the pattern of growth and journey of Islamic law in Indonesia with the birth of fatwas and their decisions. Positive progress in the national legal system in Indonesia was seen during the New Order era, the growth of fatwas in Indonesia faced positive progress, namely the occurrence of the Indonesian Ulema Council (MUI). The procedure in this research is a qualitative procedure with a survey of documents in the form of an MUI fatwa. In collecting information, the researcher reviews the library research, after that it is collected so that a normative (syar'i) and juridical theological approach is carried out. With the establishment of the MUI, recorded in history up to now, there have been many MUI fatwas and advices referred to as products of Islamic legal thought which have become a reference source in various laws and regulations. In the Indonesian constitution, the MUI lies in the role of elements of the administrative infrastructure. Because MUI is an organization of Muslim Ulama who has the duty and role to empower citizens or Muslims, so that MUI is an organization that exists within the community, not part of state-owned institutions or representing a country. The reality of the application of Islamic law from the perspective of the MUI fatwa and legislation in Indonesia from an abstract regulatory perspective, a fatwa will be binding if it has been in the form of a certain law by an authorized institution, for example a law or regional regulation (PERDA) so that it becomes a positive law. There are also times when there are people or Muslim citizens who want to carry out a fatwa so that it can be an individual religious understanding, but not as a legal obligation.
TINJAUAN YURIDIS PELAKSANAAN IZIN ALIH FUNGSI LAHAN PERTANIAN KE NON PERTANIAN DI KABUPATEN PINRANG Asram A.T.Jadda, Sadriyah Mansur, Sitti Rahma Haeruddin
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1434

Abstract

This study aims to determine the implementation of permits for conversion of agricultural land to non-agricultural and law enforcement against violations of permits for conversion of agricultural land to non-agricultural functions in Pinrang Regency. This research uses descriptive qualitative research with an empirical normative approach. Data obtained from the results of literature studies and interviews. The results of this study indicate that the implementation of permits for conversion of agricultural land to non-agricultural functions in Pinrang Regency has been carried out in accordance with applicable laws and regulations where not all permit applications are granted, the granting of permits must be in accordance with the established Regional Spatial Plan (RTRW). The obstacles that cause the implementation of permits have not been maximized due to the lack of comprehensive socialization and the lack of responsiveness of the community in complying with licensing procedures. Law enforcement of violations of permits for conversion of agricultural land to non-agricultural functions in Pinrang Regency has also been carried out but has not been maximized. The sanctions given to people who violate permits are still not firm and do not cause a deterrent effect.
TINJAUAN YURIDIS PERAN DINAS LINGKUNGAN HIDUP DALAM PENANGANAN SAMPAH DI WILAYAH PESISIR PANTAI KOTA PAREPARE Muthmainnah, Nurhaedah Hasan, Vina Wulandari Mursjid
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1435

Abstract

The purpose of this study is to find out the juridical review of the role of the environmental service in handling waste in the coastal area of ​​Parepare City, and to find out the constraints of the environmental service in handling waste in the coastal area of ​​Parepare City. This study uses a descriptive-qualitative type of research with an empirical normative approach. The data collection techniques used are by means of library research, field studies and interviews. Based on this research, it shows that in carrying out its role the Environmental Service regarding waste transportation has been equipped with facilities and infrastructure including garbage transportation cars or cars (fleets). So the regulation on the role of the Environment Agency in the waste reduction target from 2018 to 2021 has increased, while the waste handling target from 2018 to 2021 has gone up and down. As for the constraints of the Environmental Service in achieving its objectives, namely from the environmental analysis carried out, internal factors can be identified and external factors related to waste management in Parepare City.
SANKSI /PIDANA KERJA SOSIAL, TELAAH DOUBLE TRACK SYSTEM (MONO-DUALISTIK/DAAD-DAADER STRARFTRECHT) Firmansyah,Riska Amalia Armin
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1436

Abstract

This study aims to determine the concept of the double track system and its relation to social work crimes. This study uses a normative approach, data analysis is carried out using descriptive-qualitative analysis. The findings obtained from this study, among others. double track system or a 2 (two) track system, which recognizes the equality between criminal sanctions and action sanctions by looking at the fact that the elements of reproach/suffering through criminal sanctions and elements of coaching through action sanctions are equally important. Meanwhile, related to social work crime, it is associated with the concept of a double track system, which can be applied to 2 (two) aspects, namely non-litigation, that the case is resolved outside the court by applying social work sanctions and coaching, while litigation uses the term social work crime by modifying it in the form of working witnesses. which has several benefits such as fostering a social spirit, an event for socialization and an arena for building emotional relationships between the community and the community and the community with law enforcement as well as for the welfare of the community because the target is the economically disadvantaged

Page 5 of 9 | Total Record : 90

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