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[KEWENANGAN PEMERINTAH ACEH DALAM KERANGKA OTONOMI DAERAH ]]>
<![CDATA[Adam Sani]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.969
<![CDATA[The purpose of this study was to determine the authority given by the central government through the Regional Autonomy Law to the Government of Aceh and the extent of the authority of the Aceh government in the implementation of regional autonomy. This type of research uses normative juridical method, the main data source in this study consists of primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out through literature study, namely the search of library materials, which included primary legal material in the form of provisions mentioned in the legislation, secondary legal materials in the form of literature books relating to the problem under study. Analysis of primary and secondary data obtained from analytical descriptive research with a normative juridical approach is carried out qualitatively. The results of the study, namely the birth of a special autonomy status for the Aceh region, have eroded some of the authority that is the authority of the central government. The central government is only fully authorized on several matters, namely defense and security, religion, fiscal, education and foreign policy. Apart from this authority, the local government can do this. The implementation of the special autonomy law for the Aceh region with the birth of Law Number 11 of 2006 indicates that the implementation of autonomy is fully held by the region. All matters that become government affairs are further regulated in the Aceh Government law. It is suggested to the government in terms of determining the policy of making the laws of the next regional government so that more attention to all aspects of the affairs of the regional government and the nature of the regulation must be absolute decentralization. It is also advisable to the government to pay special attention to regions with special autonomy status such as Aceh, and it is expected that all implementing regulations which have been obstacles for Aceh in carrying out Aceh's authority can be realized properly. Keywords: Authority, Aceh government, regional autonomy.]]>
<![CDATA[PENGAMBILAN KEPUTUSAN SECARA KOLEKTIF OLEH PIMPINAN KPK BERDASARKAN PASAL 21 AYAT (5) UNDANG-UNDANG NOMOR 30 TAHUN 2002 TENTANG KOMISI PEMBERANTASAN KORUPSI ]]>
<![CDATA[Putri Kemala Sari]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.974
<![CDATA[Article 21 paragraph (5) of the Corruption Eradication Commission Law states that the Chairperson of the Corruption Eradication Commission "works collectively", which in the explanation stated that each decision making must be approved and decided together. The main problem of this research is about the pre-trial case of Budi Gunawan which was determined by the suspect by the KPK in the arguments of the petitioner's petition stating that the suspect's determination was not carried out collectively because at that time there was a vacancy of one of the KPK Leaders. Therefore this study aims to examine and examine the decision-making process by the KPK Leaders as the application of Article 21 paragraph (5) of the KPK Law and also determine the scope of tasks that are collectively decided and agreed upon together. This study uses a normative juridical method. The research specifications used are descriptive analytical, using a statute-approach approach, conceptual approach and comparative approach. The results of the study can be summarized as follows: First, the collective decision-making process is carried out in the form of ordinary mechanisms, formal mechanisms and urgent mechanisms. With the decision making procedure carried out by deliberation to reach consensus and use the most votes (voting) as stated in Commission Regulation No. 3 of 2009 concerning the procedures for decision making by the KPK leadership, but in the provisions of Article 7 PK / 3/2009 formulate that decision making can be carried out in less than 3 (three) people (not fulfilling the quorum) in the event of an urgent situation, and meaning the collective "by the KPK is not always interpreted as making decisions in its entirety (the five leaders), then the provision overrides the actual collective meaning based on the principle of working collectively. Second, as for the scope of the collective decision-making tasks by the KPK Leaders regulated in Article 3 CHAPTER III LEADERSHIP Regulation No. 1 of 2015 concerning the Organization and Work Procedure of the KPK, it is stated that the increase in the status of suspects is the scope of tasks decided and agreed collectively with expose procedure. Keywords: komisi pemberatasan korupsi, pengambilan keputusan, keputusan kolektif]]>
<![CDATA[REGULASI DAN KONSEKWENSI HUKUM TERHADAP WALI DALAM PENGELOLAAN HARTA ANAK DI BAWAH UMUR ]]>
<![CDATA[A Hamid]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.970
<![CDATA[The purpose of this study is to determine how the low regulation to quardianship in managing the child's legacy under his guardianship, how's the law consequence against the guardianship of children underage who are not based on a court decision. The impact of this problems is also there needs to a special handling and sustainable on the rights of children that have been orphan because of loss father and mother, cause of they are still underage, so it is needed the management system of their parents legacy (if there is). This research using Library Research and Field Research namely, to seek secondary data by studying the variety of literature in the form of books, legislation, papers, articles, journals and another documents relating to this research. Also using the method of approach to the problem by looking at the norms / provisions of applicable law , then are connected with the facts that there from the problems will be researched.The results of of research found that, After tsunami disaster in Aceh, majority of the guardianship system that occurred in every village at Peukan Bada subdistrict were not the result of formal appointment based on the decision of Syar'iyah Court, but based on mutual agreement within the family or community with didn't regard to the orphans did them have a treasure or did not, anything like this are customary provisions that apply in the society. Keywords: Law, Treasure, Underage child, guardianship.]]>
<![CDATA[STUDI KOMPARATIF MENGENAI ALAT BUKTI SURAT DALAM HUKUM ACARA PERDATA INDONESIA DENGAN HUKUM ACARA PERDATA ISLAM ]]>
<![CDATA[Muhammad Iqbal Tarigan]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.975
<![CDATA[The mix can be seen in the civil procedure law in Indonesia. Civil procedure law applicable in the District Court also applies to the Religious Courts. That is, the two judiciary institutions both refer to colonial law. The mixing of the civil procedure law clearly shows that both the district court and the religious court both recognize the letter of evidence as a tool that has perfect verification power. Where as if it is seen in Islamic civil procedural law then it is not a letter that has perfect power but an acknowledgment or pledge Keywords: Letter Evidence, Indonesian civil procedural law and Islamic civil procedure law]]>
<![CDATA[MEMAHAMI KEBERADAAN DAN PERAN ASISTENSI DALAM PEMBANGUNAN DAERAH DI KABUPATEN ACEH BARAT ]]>
<![CDATA[Irsadi Aristora]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.971
<![CDATA[In regional development is an important part of achieving national development goals. In detail we can read in the provisions of Article 1 number 3 in Law Number 25 of 2004 concerning the National Development Planning System, stated that "The National Development Planning System is a unified procedure for development planning to produce development plans in the long term, long term medium, and yearly carried out by state and community administrators at the central and regional levels ". Therefore regional development must be planned appropriately, in accordance with the needs of development which are always changing dynamically. Considering that regional development must be able to accommodate two aspirations at once, namely the aspirations of government superiors and the aspirations of the local community. Law Number 23 of 2014 concerning renewed Regional Government with Law Number 9 of 2015. And Law Number 11 of 2006 concerning the Government of Aceh. The main objective of Regional Autonomy is to improve the service and welfare of the community, the better and the development of democratic life, justice and equitable development, therefore freedom of information and involvement of the community in each development process is one way to achieve the objectives of the Regional Autonomy. The establishment of the Aceh Barat TP2D assistance team based on the legality of the law in the West Aceh Regent's Regulation Number 37 of 2017 concerning Guidelines for the Acceleration of Regional Development, dated October 24, 2017, after 14 (fourteen) days of the West Aceh Regent elected Ramli MS. Strengthening and accelerating the development process of West Aceh, the West Aceh Regent issued a Decree of the West Aceh Regent Number 610 Year 2018 concerning the Establishment and Secretariat of the Acceleration of Aceh Barat District Regional Development Year 2018, on December 4, 2017. Keywords: local goverment, team assistance, regional development]]>
<![CDATA[PEMENUHAN KEWAJIBAN HUKUM DALAM PERDAGANGAN BARANG UNTUK MEWUJUDKAN DAYA SAING BANGSA ]]>
<![CDATA[Teuku Ahmad Yani]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.976
<![CDATA[The country of Indonesia is a large country, in addition to its vast territory, as well as its large population. Therefore Indonesia has become a large market share, so it has become the target of selling goods from other countries. This large market will also be a big capital for domestic products if domestic products can be competitive in their own countries, even if they are exported to other countries. To create competitiveness in its own country, businesses in Indonesia must be able to produce and trade goods in quality, using identities that are easily recognizable and can be trusted by consumers. Keywords: fulfillment of obligations, cunsemer, private law]]>
<![CDATA[KEEFEKTIFAN PELAKSANAAN PENANGGULANGAN BENCANA DI KABUPATEN ACEH BARAT DALAM PERSPEKTIF HUKUM BENCANA ]]>
<![CDATA[Budi Handoyo]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.966
<![CDATA[Article 4 of West Aceh Qanun No.13 of 2011 about Disaster Management says that the implementation of disaster management aims to provide protection to the public from the threat of disaster, aligning the legislation that already exists, ensure the implementation of disaster management in a planned, integrated, coordinated, and comprehensive, appreciate the local culture, building and public participation. However, in practice the function structure, substance and legal culture in disaster management has not been effective because it is still faced with mIany obstacles that affect the effectiveness. The implementation of disaster management in Aceh Barat District have not been fully implemented yet effective considering the functioning of the three elements of the legal system became a major element of disaster management.In fact, if all three elements of a functioning legal system with another implementation of disaster management can be effective as effective as can be seen in the alignment of the substance elements Qanun No.13 of 2012 on the disaster management with other legislation.Effective functioning legal culture provide an understanding of the legal community as integration through community participation and socialization legislation implemented through institutional legal authorities.Factors which become obstacles in the disaster relief efforts in Aceh Barat District include inadequate institutional performance and disaster management officials, the low awareness of disaster risk and low understanding of both the law and public administration officials to the disaster rules. Keywords: Effectiveness and Disaster Management]]>
<![CDATA[PERTANGGUNGJAWABAN HUKUM PELAKU USAHA ATAS IKLAN YANG MENYESATKAN DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Nila Trisna]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.972
<![CDATA[Consumer Protection Against Misleading Advertising in matters relating to advertising activities carried out by mass media players based on the rights and obligations of both parties by taking into account the provisions regarding advertising and analyzing it based on Law Number 8 of 1999 concerning Consumer Protection. Efforts to protect consumers must first be done through law. Legal regulations must be created to protect consumers and the responsibilities of businesses or producers. The Consumer Protection Law is basically motivated by consumers and business actors who in practice are not balanced. In the case of business actors' responsibilities, it is necessary to see whether there is a loss suffered by consumers as a result of the use, use and use of products produced by certain business actors. Keyword : legal liability, misleading advertising, business actors]]>
<![CDATA[KODIFIKASI HUKUM ISLAM DI INDONESIA DALAM PERSPEKTIF KEPASTIAN HUKUM ]]>
<![CDATA[Eza Aulia]]>;
<![CDATA[Dara Quthni Effida]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.1457
<![CDATA[The idea of Islamic law codification aims to provide clear limits on the law so that it is easy to be socialized in the midst of the community and to help the judge in referring to which law he will apply to the case faced without having to do ijtihad again. The problem in this research is how is the Islamic law codification system applied in Indonesia and how is the codification of Islamic law seen from the aspect of legal certainty that exists in Indonesia. The result of this study is the Islamic law codification system in Indonesia pursued through the path of Islamic law compilation sourced from Impres No. 1/1991, besides that the Islamic law which has become a positive law today is related to private law, namely ubudiyah and muamalah. Whereas those related to public law are still the idealized law. Islamic law codification will certainly be able to guarantee the values of legal certainty for the entire community,because it is appropriate that Indonesia has its own legal style that is independent of the legal culture of colonial heritage. So that the codification can serve as a legal reform and as a solution to cover the legal vacuum Keywords : Islamic Law Codification, Legal Certainty.]]>
<![CDATA[TEORI TA’ZIR DALAM HUKUM PIDANA ISLAM ]]>
<![CDATA[Ahmad Syarbaini]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.967
<![CDATA[Ta'zir is a part of ‘uqubat (punishment) in Islamic criminal law against something jarimah (error) or in the form of immorality that has been committed by someone. There are several forms of at uqubat in Islamic criminal law: first; jarimah hudud, second; jarimah diyat or qisas, and third; jarimah ta'zir. Ta'zir is a predetermined punishment for jarimah ta'zir. The forms are various, but the determination is left to the authorized party, namely the legislative body or the judge. Ta'zir is a punishment that is educational in nature for sin (immorality) whose punishment has not been determined by syara ', so it must be determined by waliyu amri or the government, because there are no clear texts mentioned by the shari'a in the Al-Qur'an and Al -Hadits. Jarimah ta'zir can be divided into two parts, namely: first; jarimah ta'zir, which is confusing the rights of Allah, and secondly; jarimah ta'zir, which is confusing to individual or human rights. The purpose of the sentence is determined to cleanse, shape and improve the perpetrators of disobedience and as a form of protection for the community. Keywords: Ta'zir, Law, Criminal, Islam]]>
