Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Jurnal Ius Civile intents to publish issues on law studies and practices in Indonesia covering several topics related to International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
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<![CDATA[HUKUM TANAH DALAM HAK KOMUNAL MASYARAKAT ]]>
<![CDATA[Hamler Hamler]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.652
<![CDATA[Land has an important role to human livelihood and the economic need for land that is inversely proportional to the availability of the amount of land (tendrung is static) to be one factor triggering the spike in the number of disputes, conflicts and land affairs that occurred in Indonesia. Land use change can be a cause of disputes followed by the development of plantation development that continues to increase causing increased demand for land. Communal rights to customary community land should be given legal protection. These communal rights shall be regulated in the Regulation of the Minister of Agrarian Affairs / Spatial Planning and Head of BPN Number 10 of 2016, and in particular the provisions of Article 16 paragraph 1 h jo Section 53 of the BAL, In case of land rights disputes granted to legal subjects with communal rights of customary law community then the law must be enforced in its settlement to be resolved through the Court (litigation) of the institution having the authority to resolve the dispute and settlement of a non litigation dispute or alternative disputes resolution. Alternative dispute resolution in the form of win-win solusen that can provide mutual benefit.Keywords: land, communal rights, disputes, indigenous and tribal peoples.]]>
<![CDATA[PENERAPAN PERATURAN BUPATI NAGAN RAYA NOMOR 13 TAHUN 2015 TENTANG PEDOMAN PEMBANGUNAN GAMPONG ]]>
<![CDATA[Nellis Mardhiah]]>;
<![CDATA[Yurilawati Yurilawati]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.678
<![CDATA[Regent of Regulation Number 13 Year 2015 About Guidelines for Gampong Development It is a legal produ of Nagan Raya District Government in the successful implementation of development in accordance with the obligation in village law No. 6 of 2014. This study aims to determine the success of Gampong government in carrying out development in accordance with applicable rules in Nagan Raya District. The intended implementation is based on the conceptual approach of George Edward III. This research uses qualitative research with descriptive approach which can give actual picture in the field based on the prevailing regulation. The results showed that the guidelines for the implementation of regents regulation has not been maximally run by all Gampong government due to the weakness of socialization and not supervise inherent in the development plan with the actualization of the program in accordance with the scale of national development planning. And internally, the gampong government in the Nagan Raya government area is still the weakness of the empowerment of the village apparatus in self-actualization of the human resources capability, so that the planning of village development can not utilize the use of location and the utilization of space and land in the dimension of development continuously.Keywords: village development, regent of regulation]]>
<![CDATA[TINJAUAN YURIDIS KETENTUAN PASAL 13 AYAT (2) PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 42 TAHUN 2013 TENTANG SYARAT DAN TATA CARA PEMBERIAN BANTUAN HUKUM DAN PENYALURAN DANA BANTUAN HUKUM ]]>
<![CDATA[Apri Rotin]]>;
<![CDATA[Sudarman Sudarman]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.546
<![CDATA[Legal assistance is legal services provided by legal aid providers free of charge to legal aid recipients. The recipient of legal aid is the person or group of the poor. While the legal aid providers are legal aid agencies or community organizations that provide legal aid services based on Law Number 16 Year 2011. This legal research focuses more on lecturers and law faculty students as legal aid providers. With the existence of Law No. 16 of 2011 on Legal Aid can open opportunities for students to train lawyers in the Court. This research used normative legal research method, the type of research used is normative juridical, the approach taken is the statutory approach (statute approach) Legal Aid Act exactly explains and expands the parties that can provide legal aid Not only advocates which can provide legal assistance but also paralegals, faculty and law faculty students, the provision of legal aid by lecturers and students of law faculties is an action that must be realized because it is the implementation of the third function of Tri Dharma Perguruan Tinggi, that is the dedication to the society In handling the legal matter communities, paralegals, faculty, and law faculty students are subject to the same procedural law. Keywords:legal aid providers]]>
<![CDATA[TINJAUAN YURIDIS MENGENAI PENERAPAN HAK MENDAHULU (PREFEREN) DALAM PENAGIHAN UTANG PAJAK PADA KASUS KEPAILITAN (Studi Kasus Putusan Mahkamah Agung Nomor 168 PK/Pdt.Sus/2012) ]]>
<![CDATA[Putri Kemala Sari]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.665
<![CDATA[ Taxes are a compulsory contribution to a country that is indebted by an individual or a coercive body under the Act with no direct remuneration and used for the purposes of the state for the greatest possible prosperity of the people. The provision indicates that the position of the state or in other words referred to as the fiscal gets a very special place to regulate all arrangements concerning taxation and this is also marked by the nature of the inherent force to the taxpayer to pay off the tax debt. As regulated in Law Number 16 Year 2009 (hereinafter referred to as UU KUP), Article 21 paragraph (1) which reads "The State has the prior right to tax debt on goods belonging to the tax penanggungan". The purpose of this study is to examine how the introduction of the provision of State Owned Rights to tax debt by taxpayers. The method used is normative juridical approach method with descriptive analytical research specification. The result of the research shows that based on the analysis done by the writer on the Decision of Supreme Court Number 168 PK / Pdt.Sus / 2012 in the case of bankruptcy, asserted that not necessarily the provision of Article 21 paragraph (1) UU KUP gives space as big as to the state as the body having a privileged position to receive tax deductible by the taxpayer.Keywords: Preferen, Tax, Tax Debt, Tax Colection]]>
<![CDATA[ANALISIS MENGENAI BENTUK-BENTUK PENERAPAN KAIDAH HUKUM TERTULIS DAN TIDAK TERTULIS TERKAIT PERTAMBANGANEMAS RAKYAT DI GUNONG UJEUN KABUPATEN ACEH JAYA ]]>
<![CDATA[Aminah Aminah]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.684
<![CDATA[ This study aims to analyze the forms of application of the rules of mining law written and the rules of mining law is not written related gold mining people in Aceh Jaya district. The research method used in this research is empirical law research method. The data in this research was obtained through literature (library research) and field research. The research literature is done by reading textbooks, legislation, and other reading materials related to this research. While the field research conducted by interviewing informants. The results showed that the process of gold mining of people in Gunong Ujeun Aceh Jaya District has occurred since 2006. There are various laws that have been established for the governance of gold mining in Gunong Ujeun people among which the rules of mining law written and the rules of mining law is not written. The rules of mining law include: (1) Aceh Jaya Regent's Decree Number 21 of 2011 on the Arrangement of People's Mining (2) Designing Qanun Related Mining by the Acehnese House of Representatives (DPRK) Aceh Jaya (3) Appeal from the Aceh Regency Government Jaya (4) Rules (Qanun) Gampong (Village). While the rules of mining law are not written consisting of (1) Women should not participate Mine (2) Thursday afternoon until Friday afternoon should not be active in gunong ujeun area (3) Giving alms for the construction of mosques every bring down the golden stone (4) Perform peusijuek process (flour) in the event of an accident or Conflict (5) Mutual help with one another.Keywords: Law, Mining and Mining People.]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP KEDUDUKAN FRANCHISEE DALAM PERJANJIAN FRANCHISE (WARALABA) ]]>
<![CDATA[Nila Trisna]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.547
<![CDATA[The developments taking place in today's society are very rapid, including developments in the field of business contracts. In the business world today there are various types of agreements whether or not they have been defined in legislation, whether they are made in writing or orally. The point in daily life in society can not be separated from the study, ranging from small-scale agreements to multi-complex agreements. Substantially, the Agreement in civil law in Indonesia is generally governed by the Civil Code, which is the most extensive and dynamic legal area. Especially in the open field of the Covenant Law, allowing parties to create new types of agreements that had not previously existed and were not regulated in the Civil Code itself. One type of agreement is the Franchise Agreement. In the franchise contract there are subjects and objects. The legal subject in the franchise agreement is the franchisor and franchisee; The franchisor is a licensing company, whether in the form of patents, trade marks, service marks or any other to the franchisee, while the franchisee is the company that receives the license from the franchisor. And the object of the franchise is the license, the permission given by the franchisor to the franchisee.Keywords: Position, Franchise Agreement, Franchisor]]>
<![CDATA[ASPEK HUKUM PENEGAKAN ADMINISTRASI ]]>
<![CDATA[Said Syahrul Rahmad]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.667
<![CDATA[Administrative law is a rule in the government that must be executed to achieve the goals of the State and kemakruran fair for the people. To achieve the aspired it, then the government should run a good administration to perform a variety of ways whether it is conducting surveillance, investigation and administrative sanctions. Law enforcement is necessary for all government administrative functions can be executed in accordance with applicable laws corridor. Administrative law can be run properly implemented in accordance with applicable laws corridor. Besides, it is also necessary supervision as a preventive measure to enforce compliance, while the application of a sanction repressive measures to enforce complianceKeywords : Enforcement Administration, sanctions]]>
<![CDATA[PENERAPAN PERATURAN MENTERI KELAUTAN DAN PERIKANAN NOMOR 12 TAHUN 2013 TENTANG PENGAWASAN PENGELOLAAN WILAYAH PESISIR DI KABUPATEN ACEH JAYA ]]>
<![CDATA[Nodi Marefanda]]>;
<![CDATA[Apri Rotin Djusfi]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.692
<![CDATA[Research on the application of marine and fisheries minister regulation (PERMEN-KP) number 12 of 2013 on supervision of coastal area management aims to find out how far the implementation of the regulation is implemented. The method used in this research is descriptive qualitative with data retrieval technique that is observation, interview and documentation. The results of the research indicate that the interpretation of the Department of Marine and Fisheries on marine and fisheries ministerial regulation number 12 of 2013 in Aceh Jaya Regency is already understand the regulation of the minister of marine and fisheries well and in Aceh Jaya Regency also has a special police (POLSUS) which duty to carry out supervision on PWP3K, while its implementation in Aceh Jaya Regency can not be implemented properly, it can be known from the number of personnel POLSUS which is still lacking, the area of assignment, the lack of transportation means to patrol/ patrolling, the process of action by POLSUS still have constraints that is the lack of understanding of the main tasks and functions that have been determined, but the flow of implementation of action has been appropriate/ follow the flow of the process, while the process of guidance against communities that do the violations also not running well, whereas in terms of extrapolation Dinas Marine and Fisheries to the regulation of the minister of maritime and fishery number 12 of 2013 looks able to understand if marine and fishery ministerial regulations can be implemented properly and correctly it will give positive value to the region, especially the Department of Marine and Fisheries Aceh Jaya DistrictKeywords: DKP Aceh Jaya District, PERMEN-KP Number 12 of 2013, Supervision.]]>
<![CDATA[PERAN LEMBAGA ADAT DALAM PENANGANAN PELANGGARAN SYARI’AT ISLAM DI ACEH ]]>
<![CDATA[Adam Sani]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.548
<![CDATA[The purpose of this study is to determine the role of customary institutions in handling violations of Islamic Shari'ah in Aceh. This research is done through normative juridical approach that is study in the form of legislation, legal principle, norm, and others. The main data sources in this study consisted of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection is done through literature study that is searching library materials covering primary legal material in the form of provisions mentioned in the legislation, secondary legal materials in the form of literature books related to the problem under study. Data analysis is the process of organizing and sorting data into patterns, categories, and basic descriptive units so that the theme can be found and workable hypotheses can be formulated as suggested data. The results show the role and function of customary institutions against the violation of Islamic Shari'ah in Aceh as a tool of control, prevention, guidance and as a peace judge at the village level through gampong customary meeting. If customs are not completed then customary institutions shall notify the authorities. Suggested To adat stakeholder expected to settlement of case of Islamic shari'ah violator in Aceh refers to provision of Islamic law.Keywords: Roles, Customary institutions, Violations, Syari'ah Islam.]]>
<![CDATA[KEDUDUKAN KHULUK DALAM PERSPEKTIF UNDANG-UNDANG PERKAWINAN INDONESIA DAN FIKIH ISLAM (Analisis Putusan Pengadilan Agama Pasir Pengaraian, nomor 273/Pdt.G/2015/PA.Ppg) ]]>
<![CDATA[Nouvan Moulia]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.671
<![CDATA[Marriage is the inner bond between a man and a woman as husband and wife in order to form a sakinah family, mawaddah, wa rahmah. However, under certain circumstances the marriage may end with a divorce suit filed by the wife, usually the lawsuit is filed because the wives are no longer able to bear the behavior of her husband who has exceeded the limit of patience. In this research, the writer tries to analyze one of the decision of the Religious Court about the divorce and the position of the decision according to Islamic jurisprudence perspective, the decision to be analyzed is the decision of Religious Court of Pasir Pengaraian numbered 273/Pdt.G/2015/PA.Ppg. This research is a normative-empirical legal research, that is research done by reviewing written regulations and its aspects. The approach used in this research is the approach of legislation, conceptual approach, and comparative approach. From this research note that the divorce lawsuit contained in the KHI is not entirely the same as the divorce lawsuit contained in the UUP and PP 9/1975. According to the juristic law the consequences of divorce due to khuluk differ from divorce because taklik talak, either from the way it works to the legal consequences. Meanwhile, according to KHI different how it works but the same due to the law.Keywords: Divorce suit, khuluk, taklik talak, iwad]]>
