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Al-Adl : Jurnal Hukum
Published by Universitas Islam Kalimantan Muhammad Arsyad Al Banjari
ISSN : 19794940     EISSN : 24770124     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al - Adl : Jurnal Hukum is a journal that contains scientific writings in the field of law either in the form of research lecturers and the results of studies in the field of law published the first time in 2008 with the period published twice a year. Al - Adl Journal of Law is registered in LIPI with the code E-ISSN 2477-0124 and P-ISSN 1979-4940. Every script that goes into the editorial will be reviewed by reviewers in accordance with the field of knowledge. The review process is not more than 1 month and there is already a decision about whether or not the submission is accepted.This journal provides open access which in principle makes research available for free to the public and will support the largest exchange of global knowledge. Al Adl : Jurnal Hukum publihes twice a year (biannually) on January and July focuses on matters relating to: - Criminal law - Business law - Constitutional law - State Administration Law - Islamic law - The Basic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 276 Documents
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Potensi Bumdes Berbasis Syariah Pasca Legalisasi UU Nomor 11 Tahun 2020 Tentang Cipta Kerja Nunik Nurhayati; Brillian Feza Eryan Prasetya; Rina Nur Widyastuti; Muhammad Edi Hermawan
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.5279

Abstract

This study aims to discuss the regulation of Village Own Enterprise (BUMDes) and the opportunities for sharia BUMDes after the legality of the Job Creation Act. The research method used is normative-juridical research, which is carried out by analyzing interrelated laws and regulations, as well as collecting related information through books, scientific journals, scientific research results, articles, and other valid supporting sources from the internet. Then based on these sources will be processed and analyzed based on the formulation of the problem that has been determined, in order to obtain a solution to the problems that occur. The emergence of the formulation of BUMDes in the Village Act has become an essential provision for villages to be able to try to advance their territory. Villages with all the local culture inherent in them are required to be able to advance independently, with the spirit of mutual cooperation through the implementation of BUMDes in their area. After the issuance of the Job Creation Act, BUMDes underwent significant changes that required a legal entity as its embodiment. However, to date, there have been no further provisions that stipulate with certainty the types of business with legal entities that are relevant to be applied by village communities. In order to reach benefit from the diversity of potentials in the village, the development of sharia cooperative business is a universal recommendation for villages to advance the economy in their area.
Wasiat Sebagai Penyeimbang Pembagian Warisan Menurut Hazairin Perspektif Teori Keadilan Distributif Aristoteles Muhammad Misbakhul Ulum; Zaenul Mahmudi; Moh. Toriquddin
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6019

Abstract

The division of inheritance is a problem that will be faced by every family of Muslims.Jumhur ulama has established a method of division of property, namely by the method of inheritance. However, Hazairin has his own thought that the distribution of inheritance is not only done by inheritance method, but can also be compromised with a will in order to provide justice for each existing heir. This study aims to examine more deeply about the method offered by Hazairin, whether it can provide justice for the heirs or not. Therefore, a deeper study is needed using Aristotle's theory of distributive justice. The research uses a qualitative approach with the type of character study research, using secondary legal materials. The results showed that Hazairin's goal of making a will as a counterweight in the distribution of inheritance was to provide a share that was in accordance with the conditions of each heir, both in terms of weaknesses and strengths that were not considered in the inheritance system. Furthermore, the method initiated by Hazairin has met the indicators of Aristotle's distributive justice including being in accordance with the law, impartial, and proportional.
Kejahatan Kekerasan Dan Brutalisme Massa (Perspektif Kriminologi) Yulianis Safrinadiya Rahman
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6284

Abstract

Indonesia is a country based on the rule of law, not mere power. This statement is explicitly stated in the general explanation of the 1945 Constitution of the Republic of Indonesia. This shows that Indonesia is a state of law, and as a state of law, Indonesia accepts law as an ideology to create order, security, justice, and welfare for its citizens. The criminal law currently in force in Indonesia is a codified criminal law, i.e. most of it and the rules have been compiled in a single law called the Criminal Code. Crime is an act that violates ethics and morals so that a crime committed by an offender has a detrimental impact on other people as legal subjects. Crimes of violence and mass brutalism that are occurring in Indonesia at this time are concerning and the causes and solutions must be found immediately. Because usually, the victims are the people themselves. Especially on mass brutalism, which has a very large impact on the destruction of the legal system that has been built. The research method used in this study is normative legal research because it is carried out by analyzing the library materials or based on those taken from secondary data as a reference for research in a way that is taken based on regulations and literature related to the problems studied. The normative legal research includes research on legal systematics, research on the level of legal synchronization, research on legal history, and research on comparative law. Society is a very free meaning, they have its own orderly and natural system. Behavior, actions, and conflicts will change naturally and cannot be forced, people will interpret the law through meanings that can be captured by each flow of change, and the way they interpret is different from what is interpreted by legal experts, policymakers, or conglomerates, policies can just be evil, good can be deceit, and justice can become greed, the law cannot be seen as something genuine but contains the interests of certain groups. Whereas the press and other media are like the inspiration for crime, it must be remembered that in a dynamic social system, print and film media are an integral and urgent part of the community development process.
Analisis Hukum Atas Penerapan Klasifikasi Saham Dengan Hak Suara Multipel Di Pasar Modal Indonesia Andy Rahmad Wijaya
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6935

Abstract

The Financial Services Authority (OJK) issued OJK Regulation Number 22/POJK.04/2021 concerning the Application of Stock Classification with Multiple Voting Rights by Issuers with Innovation and High Growth Rates conducting Public Offerings of Equity Securities in the form of Shares (POJK 22/2021). The problem raised in this research is the implications for investors on the regulation of the implementation of stock classification with multiple voting rights by issuers in the capital market. This research is a normative or doctrinal legal research, which describes, explains, and analyzes the optional policies carried out by OJK through POJK 22/202. The analysis is carried out using a qualitative descriptive approach that begins with collecting legal materials, qualifying them, connecting theories related to research problems, drawing conclusions to determine results and recommendations. The results of this study indicate that issuers who exercise multiple voting rights in the capital market can make the majority shareholder unable to control the company. Investors who will own shares in issuers that implement this policy only have the advantage of enjoying dividends only if the issuer makes a profit. However, if the issuer suffers a loss, the investor will suffer the biggest loss.
Konsep Perlindungan Hukum Peradilan Bagi Anak Korban Kekerasan Dalam Rumah Tangga Istiana Heriani; Indah Dewi Megasari; Muthia Septarina
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.7574

Abstract

The purpose of this study is first to find out how to protect legal protection for children who are victims of domestic violence. Second, to find out how the judicial mechanism is for victims of domestic violence. The research method is normative juridical, with a descriptive approach, namely the results obtained from this study are expected to provide an overview of legal protection for children as victims of domestic violence. The results of his research are legal protection for children as victims of domestic violence, namely the protection provided, including: providing legal assistance; confidentiality of the victim's identity; arrest of the offender with preliminary evidence; providing other assistance in the form of health services; rehabilitation efforts. The judicial mechanism for child victims of domestic violence is with the right handling and approach so that this problem can be handled properly, namely directed to the resolution of domestic violence crimes through restorative justice efforts to restore the rights of victims and relationships with the perpetrators.
Penyelesaian Sengketa Jaminan Fidusia Dalam Praktik Gadai Arifatul Uyun; Abdul Mujib
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6149

Abstract

 One form of prudence from financial institutions is to ask for a fiduciary assurance from debtors to guarantee debt repayment or fulfillment of the contract in accordance with the agreement. In a fiduciary assurance, the goods that become the fiduciary object cannot be transferred to a third party either by being sold, pawned, and so on without the written permission of the debtor. Debtors who transfer the object of fiduciary security with pledges and defaults, then there are efforts made to resolve them. This research is qualitative research using the descriptive-analytical method. The approach used in this study is a normative juridical approach, by examining the settlement of disputes in fiduciary assurance which are transferred with a pledge by the debtor. The results of this study indicate that a fiduciary assurance is an additional agreement that previously contained a main agreement by the parties, while the object of a fiduciary assurance is movable and immovable goods, tangible or intangible, except for mortgages, ship mortgages, mortgages airplanes, and pawns. Efforts to resolve disputes that occur in fiduciary assurance can be carried out by direct approaches, subpoenas, mediation, and execution of the fiduciary object. Disputes that occur in fiduciary assurance, are resolved first in accordance with the material rights attached to the fiduciary object, namely Droit de Preferenc and Droit de Suite rights.
Analisis Yuridis Terhadap Penegakan Hukum Pelanggaran Lalu Lintas Dan Angkutan Jalan Berdasarkan Electronic Traffic Law Enforcement (ETLE) Dalam Kaitan Prinsip Sanksi Pidana Hanya Dapat Dijatuhkan Melalui Proses Peradilan Ahmad Gazali
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.5707

Abstract

This study aims to determine the application of Electronic Traffic Law Enforcement (ETLE) and to determine the implementation of the principle of criminal sanctions that can only be imposed through court decisions in the law enforcement proceeding of traffic violations based on Electronic Traffic Law Enforcement (ETLE). This research is Normative Legal Research in which researchers will collect and review primary data on the law enforcement proceeding of ETLE violation along with secondary data in the form of primary, secondary, and tertiary legal materials. The results indicate that the implementation of ETLE is regulated by various laws and regulations including Act No. 22/2009 on Traffic and Transportation; Government Regulation No. 80/2012 on Procedures for Inspection of Motorized Vehicles on the Road and Enforcement of Traffic and Road Transportation Violations in conjunction with Chief of Police Regulation No. 5/2012 on Registration and Identification of Motorized Vehicles in conjunction with The Supreme Court Regulation No. 12/2016 on Procedures for Settlement of Traffic Violations Cases and there is no visible contradiction or disharmony. However, in the application of these regulations there are indications of disharmony between the law and their implementation and law enforcement, where violators entrust payment of fines that have been adjusted to the number of fines that will later be will be decided by a court judge, even though if referring to Article 267 Paragraph (4) of the Traffic Act, the amount of money deposited is equal to a maximum fine of the criminal penalty.
Danau Toba Sebagai Unesco Global Geopark Dalam Perspektif Hukum Lingkungan Elfira Fitriyani Pakpahan; Mira Handayani; Erwin Mendes; Ayu Mustika
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v15i1.7490

Abstract

An area known as a geopark is an area that has three fundamental pillars—conservation, education, and local economic development—and includes significant geological heritage and biodiversity, as well as integrated biodiversity and culture. Development in the fields of culture and tourism is multi-sectoral, interdisciplinary and based on a synergistic system, and is expected to be able to support efforts to educate society, advance civilization, foster national unity and strengthen international friendship. Transport and changes in the cultural and tourism sectors have led to new systems that are more reliable and sustainable. However, the improvements brought about by revolution and reform have not yet reached their full potential. The waters around Lake Toba before it was designated as a UNESCO Global Geopark experienced various disturbances to the preservation of nature due to floating net cages (KJA) animal feed, reduction of land to individual ownership, arbitrariness in the form of logging and waste generated by the community originating from the restaurant business, including oil vessel., which is contaminating the lake water. Toba Government Regulation Number 37 of 2014 concerning Soil and Water Conservation as a legal basis for structuring the Lake Toba Geopark tourism area as a legal umbrella must be holistic, fundamental and partly so that water damage to the surrounding environment can be overcome. This research aimed to analyze the impact of UNESCO's designation of Lake Toba as a Geopark. This research is juridical law research by conducting data collection activities in the form of secondary data. Data analysis used a quantitative descriptive method. The research results show that the government is still trying to maintain the sustainability and beauty of the area by providing education about the ecosystem and realizing Lake Toba as a World Geopark. The government also carries out rehabilitation, reclamation and reforestation of forests to prevent landslides on critical land. It has a Lake Toba Caldera website to implement information on the Toba Caldera area. The existence of Government Regulation Number 37 of 2014 can prevent and preserve the environment around Lake Toba.
Telaah Unsur Delik Trading In Influence dalam Pembaharuan Hukum Pidana di Indonesia Sheryn Lawrencya
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v15i1.6178

Abstract

Trading in influence acts that are non-mandatory offences has been regulated in the UNCAC, ratified by Law Number 7 of 2006 concerning the Ratification of the UNCAC. Based on cases in Indonesia, the act of Trading in Influence has developed in Indonesia but is considered a "bribery". Indonesia has not been able to ensnare influence trading actors based on the Corruption Law because there are no regulations governing it, resulting in legal uncertainty and a legal vacuum. So that there must be a difference between bribery and acts of trading in influence by examining the elements of the offence for reforming criminal Law, especially corruption. The normative juridical method uses literature or document studies and a statutory and comparative research approach. There is a proposed element of delict given based on a comparison between the UNCAC, French, Spanish and Belgian regulations, which is adjusted to a horizontal pattern with a trilateral relationship and is divided into two forms, active and passive. This act must be immediately regulated in positive Law in Indonesia, so there is no legal vacuum and uncertainty. It is hoped that the legislature and other authorized institutions can criminalize acts of trading in influence based on the values and principles of people's lives in Indonesia in the context of reforming the criminal Law.
Analisis Pengaturan Label Halal Terhadap Produk yang Beredar di Indonesia Oktaviana Hardayanti Adismana
Al-Adl : Jurnal Hukum Vol 15, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v15i1.7854

Abstract

This study aims to analyze the qualifications of violating Article 26 Paragraph (2) of the Law on Halal Product Guarantee and the probability of criminal prosecution of violations of Article 26 Paragraph (2) of the Law on Halal Product Guarantee whether or not it can be carried out. The research method is normative research, data collection techniques use library research, and data analysis is descriptive-analytical with a qualitative approach. The study results show that the qualification for violating Article 26 Paragraph (2) of the Law on Halal Product Guarantee is an administrative violation with provisions for administrative sanctions in the form of a verbal warning, written warning, or administrative fine. Then the violation is not included as a criminal offence with the criminal sanctions provisions in Article 10 of the Criminal Code. In the future, legislators hope to take actionIviolationIobligationIbusinessmenIincludeIdescriptionInoIhalalIonIproductImade fromIharam, with stricter sanction provisions in the form of criminal sanctions. Criminal sanctions are needed as a preventive effort to avoid the possibility that business actors will violate their obligations or repeat their actions. The possibility of criminal prosecution for violations of Article 26 Paragraph (2) of the Halal Product Guarantee Law may be possible because such violations constitute unlawful acts and are also acts prohibited in Article 8 Paragraph (1) Letter i of the Consumer Protection Law by imposing criminal sanctions in the form of imprisonment or fines. Criminal prosecution for violations of Article 26 paragraph (2) of the Law on Halal Product Guarantee needs to be carried out by regulating the provisions on criminal sanctions but does not eliminate the provisions on administrative sanctions in Article 27 paragraph (2) of the Law on Guarantee of Halal Products. PenaltyIcriminallusedlaslthe last remedy, lastlusedlwhenlsuspectedlpenaltyladministrativelonlChapterl27lsentencel (2) LawlGuaranteelProductlHalallwhichlalreadylappliedlnoleffectivelforlcopelcrime basedlconsiderationljudge 

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