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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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LIMITATIONS ON THE EXCLUSIVE RIGHTS OF INTELLECTUAL PROPERTY RIGHT HOLDERS (SOCIAL JUSTICE PERSPECTIVE) Sigit Nugroho
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.9683

Abstract

Social justice is the goal of the Indonesian state, which must be realized in all fields so that welfare is realized for all Indonesian people which also radiates in the field of intellectual property law, bearing in mind that the initial regulation of intellectual property came from developed countries which are industrial countries which are different from Indonesia. Social justice is the fundamental norm as well as the goal of the state, which is used as a reference in the formation of intellectual property law rules. Thus, arrangements regarding the distribution of intellectual property rights must pay attention to the public interest. Based on such arguments, the regulation regarding restrictions on the exclusive rights of intellectual property rights holders is realized in the public interest. At the implementation level, setting the exclusive rights of older intellectual property law protected without prejudice to the protection of community (general) rights as a form of limiting these rights for the common good. Restrictions on the exclusive rights of the holder of intellectual property law as a form of social justice have been regulated in the Indonesian legal system, although there are still deficiencies. 
Tindak Pidana Penyalahgunaan Narkotika Jenis Psikotropika yang Dilakukan Anggota TNI (Putusan No.80-K/PM I-02/AD/VII/2018) Mulyadi Mulyadi; Thurva Naziha Visar; Habibie Rahman Sinaga; Baeyhaki Ekaputra Hamidi
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.9572

Abstract

The Indonesian National Armed Forces (TNI) is part of society and protectors specially prepared to carry out the duties and defense of the country. In addition, the Indonesian National Army (TNI) is limited by laws and military regulations, so all actions undertaken must be based on applicable laws and regulations. To carry out specific duties and obligations, the Indonesian National Army (TNI) is educated and trained to comply with orders or decisions and carry them out appropriately and efficiently. The increase in the illicit circulation of narcotics in the territory of Indonesia is due to the lack of strictness or the lightness of the punishments imposed on dealers and users or the development of narcotics abuse and illicit trafficking not only in the general public but also in the military community, both as manufacturers, dealers and users. The illicit circulation of narcotics within the military is currently very concerning for the discipline and future of the Indonesian National Armed Forces (TNI) because it will lead to dependence on its users and hinder the implementation of its primary duties, damage the physical and mental health of military members who use narcotics, and the Criminal Code will be enforced. The Military Criminal Law, especially regarding the imposition of a sentence, but if the act is not regulated in the Criminal Procedure Code, another law that regulates it will apply. This study aims to find out the factors that cause narcotics abuse by military members and to analyze the judge's decision regarding the criminal act of narcotics abuse by members of the TNI. This study uses a normative juridical approach and is descriptive by using legal sources in the form of secondary data, in this case, bibliographical data. Data collection techniques are carried out using decision studies and searches of related documents, laws, literature, etc. The study results showed that the Military Prosecutor in the trial brought the defendant along with his identity data, and the defendant confirmed that the identity was his so that there was no wrong subject.
PELAKSANAAN DIVERSI DALAM PERKARA TINDAK PIDANA ANAK PADA PENGADILAN NEGERI DI WILAYAH HUKUM PENGADILAN TINGGI PALANGKARAYA BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK FEBDHY SETYANA
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.11398

Abstract

Penelitian ini bertujuan untuk menganalisis terkait kendala pelaksanaan diversi dalam perkara tindak pidana anak pada Pengadilan Negeri di wilayah hukum Pengadilan Tinggi Palangkaraya berdasarkan Undang- Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak. Dalam penelitian ini merumuskan mengenai kendala pelaksanaan diversi dalam perkara tindak pidana anak pada Pengadilan Negeri di wilayah hukum Pengadilan Tinggi Palangkaraya berdasarkan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak. Jenis penelitian yang penulis gunakan adalah penelitian hukum empiris. Penelitian hukum empiris mengkaji hukum yang dikonsepkan sebagai perilaku nyata (actual behavior), sebagai gejala sosial yang sifatnya tidak tertulis, yang dialami setiap orang dalam hubungan hidup bermasyarakat. Dalam penelitian ini Penulis melakukan penelitian pada Pengadilan Negeri di wilayah Hukum Pengadilan Tinggi Palangkaraya.
KEWENANGAN PENYIDIKAN TERHADAP TINDAK PIDANA DI SEKTOR JASA KEUANGAN Nisa Amalina Adlina
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.11088

Abstract

The purpose of this research is, first, to find out what are the legal implications of the discrepancy between Article 49 Paragraph (5) Law No. 4 of 2023 concerning the Development of Strengthening the Financial Sector with Article 2 Paragraph (1) Implementing Regulation No. 5 of 2023 concerning Investigation of Criminal Acts in the Financial Services Sector. Second, to find out how to resolve the provisions of the authority to investigate criminal acts in the financial services sector. The research method used in this research is normative research which places law as a system of norms. The data collection technique in this study was to use library research and data analysis with a qualitative descriptive analytical approach. The results of this study indicate that there has been a discrepancy in Article 49 Paragraph (5) Law No. 4 of 2023 concerning the Development of Strengthening the Financial Sector with Article 2 Paragraph (1) Implementing Regulation No. 5 of 2023 concerning Investigation of Criminal Acts in the Financial Services Sector which raises a legal implication, namely the existence of a conflict of norms between law Development of Financial Sector Strengthening with implementing Regulation No. 5 of 2023 concerning Investigation of Criminal Acts in the Financial Services Sector which may have an impact on legal uncertainty. As for completion of provisions on the authority to investigate criminal acts in the financial services sector, namely by applying the right to judicial review to the Constitutional Court that the provisions of Article 49 Paragraph (5) Law Development of Financial Sector Strengthening not in line with Article 30 Paragraph (4) of the 1945 Constitution so that this is a way out to resolve the conflict of norms that occurs between law Development of Financial Sector Strengthening with Implementing Regulation No. 5 of 2023 concerning Investigation of Criminal Acts in the Financial Services Sector.
KHULU' SEBUAH UPAYA MEMUTUSKAN IKATAN PERKAWINAN (STUDI KASUS DI PENGADILAN AGAMA GARUT) Qisthy Fajriyanti; Diana Farid; Muhammad Husni Adulah Pakarti; Aceng Hobir; Moh Imron Taufik
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.9570

Abstract

This research aims to find out (1) why the husband's violation of taklik talaq becomes one of the divorces decided as a matter of khulu. (2) What considerations form the basis of the judge in accepting and deciding on the khulu' case and (3) The legal consequences arising from divorce by way of khulu. The research method used is qualitative by conducting interviews to obtain the necessary information. The data sources used were obtained from the Garut Religious Court in the form of documents and data related to this research. Based on the study's results, it was found that the reason for taklik talak being part of khulu' cannot be separated from the history of taklik talak being enforced as part of an effort to prevent the husband's arbitrariness. Next, in accepting and breaking up the divorce by way khulu cannot be separated from the suitability of the lawsuit filed, and in a divorce by way of the khulu', the opinion of the judge in his decision will be influenced by the willingness of the wife in the amount of iwadh to be paid. Implementation of divorce khulu also has inherent consequences, namely the enactment of the iddah period and there is no reconciliation except with a new contract, the obligation to pay iwadh by the wife, and the loss of the husband's obligation to provide iddah and mutʼah.
Kedudukan Keterangan Korban Pada Agenda Pembuktian Yang Tidak Dapat Hadir Dipersidangan Muchammad Huzaifi
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.10645

Abstract

This study aims to analyze the importance of the position of the victim whose statement will be heard in order to shed light on a crime. The type of research that the writer uses is normative legal research. The type of research in thesis writing is about the blurring of norms contained in Article 160 paragraph (1) letter b. As for this study, researchers used several approaches. statute approach and conceptual approach. The results of this study are that the testimony of the victim given can be of evidentiary value even though it depends on other evidence, which is different from the evidence provided by witnesses who are bound by the principle one witness no witness pursuant to Article 186 paragraph (6) of the Criminal Procedure Code.
Pelaksanaan Redistribusi Tanah Eks Hak Guna Usaha Zaenal Arifin; Nikmatul Wachidah
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.10906

Abstract

This study aims to analyze the implementation of land redistribution of ex-use rights(HGU) as well as to analyze the constraints and solutions for implementing the land redistribution in Semarang Regency. One of the problems in the land sector in Indonesia is that there is still an imbalance in terms of land ownership which is still controlled by the owners of capital. There are still many farmers who do not own land that can be managed to improve farmer's health. In order to realize equal distribution of land ownership and increase the welfare of farmers, the government implemented a land redistribution program for ex-HGU lands that have expired and whose permits have not been extended. HGU permit for PT. Sinar Kartasura, which is located in Candi Village and Kenteng Village, Semarang Regency, has used its permit to become an object of agrarian reform as part of the government's efforts to reduce the imbalance of land ownership between farmers/people and capital owners.This research uses a normative juridical approach with the support of primary data. The research data uses primary legal materials such as laws and regulations on agrarian affairs and secondary legal materials which include books and journals that study agrarian reform. The results of this study explain that the priority for implementing agrarian reform is for ex-HGU and HGB land whose HGU has expired and within 1 year has not submitted an application for a permit extension. the implementation of land redistribution in Candi Village and Kenteng Village, Semarang Regency, as many as 3.26i of ex-HGU plots of PT. Sinar Kartasura has successfully completed 100%. Utilization of ex-HGU land is still used as agricultural land. Obstacles encountered in land redistribution are limited human resources and limited time to complete land redistribution. The recommendation from this study is that the participation of the public and the private sector in supporting the implementation of land redistribution will realize optimal and sustainable implementation of agrarian reform.
Urgensi Kontrak Perdagangan E-Commerce Dalam Hukum Perjanjian Salamiah Salamiah; Ningrum Ambarsari
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.8021

Abstract

This study aims to determine the urgency of trade contracts via the Internet (e-commerce) in terms of contract law in Indonesia and the solutions for problems in implementing trade via the Internet (e-commerce). Using normative research methods, it can be concluded: 1. The agreement applies as a law for the parties who make it, meaning that the parties must comply with the agreement they made the same as obeying the law. As stated in 1320 BW, the legal terms of an agreement are essential (urgency), if the terms of the agreement are not fulfilled, then the agreement is considered null and void by law, both conventional and online, as in e-commerce agreements, 2. The presence of the Internet has changed people's perspective on shopping activities, where shopping can be done both conventionally and online through buying and selling platforms on the Internet (e-commerce). However, some things must be considered when shopping online, including additional costs, product quality, digital payments, security, and sending and returning goods. And if there are problems in implementing trade via the Internet (e-commerce), they can be resolved through two events: Litigation and non-Litigation.
Penyelesaian Tindak Pidana yang Dilakukan Anak Melalui Diversi Dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak Akhmad Munawar; Sudiyono Sudiyono; Muhammad Deny Sugiyanto
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.8066

Abstract

In the Indonesian constitution, children have a strategic role: "The state guarantees the right of every child to survival, growth, and development as well as protection from violence and discrimination". Children are an integral part of human survival and the survival of a nation and state. Therefore, children's best interests should be internalized as the best interests for the survival of mankind. The consequences of the provisions of Article 28B of the 1945 Constitution of the Republic of Indonesia need to be followed up by making government policies aimed at protecting children. To protect the interests of children, the state established Law Number 23 of 2002 concerning Child Protection, amended by Law Number 35 of 2014 concerning Child Protection. More specifically the state also regulates the protection of children who commit crimes. in Law Number 3 of 1997 concerning Juvenile Court which was replaced by Law Number 11 of 2012 concerning the Child Criminal Justice System; however, even though the law has been formed, especially in the settlement of criminal acts committed by children through diversion, there are still weaknesses and legal vacuum. The first formulation of the problem in this study is What are the requirements for a crime that can be diversified in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System? and the second formulation of the problem is What are the juridical consequences if diversion is not carried out by law enforcers in Law Number 11 of 2012 concerning the Child Criminal Justice System? To analyze these problems, the researcher used normative research by reviewing and analyzing laws and regulations related to the settlement of crimes committed by children through diversion in Law Number 11 of 2012 concerning the Child Criminal Justice System.
PENYELESAIAN SENGKETA RAHASIA DAGANG DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 30 TAHUN 2000 TENTANG RAHASIA DAGANG Sherly Nelsa Fitri; Usawatun Hasanah
Al-Adl : Jurnal Hukum Vol 15, No 2 (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.v15i2.8966

Abstract

This study aims to find evidence on trade secret disputes and settling trade secret disputes in Indonesia. This research was conducted because there are many trade secret disputes in Indonesia at this time, and trade secrets have an essential role in the field of intellectual property rights, then trade secrets have the same important position as copyrights, trademarks, and designs. Global economic competition requires trade secret protection to create a healthy and dynamic economic environment. This legal research is included in normative legal research, which means research aimed at finding and formulating legal arguments through analysis of the subject matter. This research is perspective and applied, which means that this research is written according to law according to facts or legal events from the research results. Legal materials in this writing use primary legal materials and secondary legal materials. The legal materials were collected through document studies, law, and case approaches and then analyzed using deduction techniques. It can be seen that for proof if it is related to a license or the transfer of ownership rights to a trade secret if at any time a dispute occurs, then there is no authentic evidence or an authentic deed in writing made before a public official who is authorized to make it so that it will be difficult to prove when faced with evidence in a confidential case trade, settlement of trade secret disputes can be carried out by way of litigation or non-litigation. However, the legal subject of trade secrets is still unclear, so when a dispute occurs, longer evidence is needed to prove who owns the trade secret.

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