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INDONESIA
Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Published by Universitas Teuku Umar
ISSN : 26145723     EISSN : 26206617     DOI : 10.35308
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
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Search results for , issue "Vol 4, No 2 (2020): Oktober" : 14 Documents clear
TANGGUNG JAWAB RUMAH PENYIMPANAN BENDA SITAAN NEGARA DALAM PENGELOLAAN BENDA SITAAN DAN BARANG RAMPASAN HASIL TINDAK PIDANA Rachmatika Lestari; Nila Trisna; Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2695

Abstract

Article 44 of the KuHP states that: "Confiscated objects are stored in state confiscation houses. In Article 1 number 3 of Government Regulation No. 27 of 1983 on the Implementation of Criminal Events Act also mentions that the State Confiscation House is hereby called RUPBASAN is the place of objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is where objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is established in every capital city or city district, and if necessary can be established RUPBASAN Branch. However, in practice not all district capitals or cities have RUPBASAN to manage confiscated objects and loot proceeds from crimes, so the management of the proceeds of crime is under direct management by the law enforcement agencies that handle such crimes. Based on the background as described above, the formulation of the problems in this study is: what are the arrangements regarding the management of Confiscated Objects in the RUPBASAN? And how is the management of Confiscated Goods and Proceeds of Looting Crimes in Indonesia? This research is a normative juridical study, namely research conducted by examining library materials or secondary data. The results showed the amount of assets or items seized from the defendant in criminal cases by law enforcement officers that were still not properly managed, meaning they had been confiscated or taken from the defendant, but were not properly managed. So far there has been an institution called RUPBASAN, as stipulated in Law No. 8 of 1981 on KUHAP, PP No. 27/1983 on The Implementation of KUHAP, and Regulation of the Minister of Justice Number: M.05.UM.01.06 of 1983 on the Management of Confiscated Goods and State Booty in the State Confiscation House, but not utilized properly. Confiscated items are all stored in the police station or prosecutor's office, whereas if stored and left unmanaged properly then there will be a decrease in value. Keywords: responsibilities of the RUPBASAN, confiscation objects, proceeds of crime
RESTITUSI BAGI ANAK KORBAN PENYALAHGUNAAN NARKOTIKA Ika Dewi Sartika Saimima; Fransiska Novita Eleanora
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2374

Abstract

ABSTRACT Children are trustworthy and entrusted by God Almighty, so they need to be given protection, and guarded and cared for to maturity, guarded and cared for in the sense of being given protection against themselves both protection from their parents, or others who are obliged to look after it or also from society, so as not to become a victim of the abuse of the narcotics. Narcotics itself is defined as a substance or drug that comes from plants or not from plants, whether it is also synthesis or not that harms anyone and if consumed in excessive amounts can cause death. If the child as a victim of abuse of narcotics resulting from mistreatment by ordering or forcing the child to consume it, is a violation of the child's rights, which will have an impact that the child is increasingly addicted to get these items, as well as efforts to escape from depression and stress, but with inviting children or involving or also telling children to consume them is unlawful, and includes damaging their lives. Protection of children is not only limited to providing drugs, and health services but also to get restitution as stipulated in Government Regulation Number 43 Year 2017 Regarding Provision of Restitution for child victims of crime, giving restitution to children because the effect of the child as a victim greatly affects the physical and psychic to grow and develop children. Research Method, this study uses normative juridical by referring to existing laws, concepts and principles, where the result is that the implementation of restitution of children can be submitted during the investigation stage and those who can submit are victims of children, parents or guardians of the victims themselves . Keywords ; restitution, children, victims, narcotics
POLITIK HUKUM OTONOMI KHUSUS BERDASARKAN UNDANG UNDANG NOMOR 11 TAHUN 2006 TENTANG PEMERINTAHAN ACEH Jefrie Maulana
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2691

Abstract

Special autonomy needs to be examined further on the constitution in terms of providing loopholes or justifying the implementation of special autonomy, so that harmonization and synchronization of statutory regulations can be realized. The purpose of this study is to analyze the formation of the Law on Aceh Government in accordance with the mandate of the constitution and to determine the juridical consequences of the enactment of the Law on Governing Aceh. The results showed that the Special Autonomy of Aceh Province is a mandate of the constitution as viewed from the historical approach to the constitution regarding regional governance. The juridical consequence in terms of Indonesian constitutionality is that Aceh as a regional government has broad authority in the administration of autonomy with the broadest possible principle of special autonomy. Keywords: legal policy, special autonomy, government, Aceh
AUDIT MUTU HUKUM PENGATURAN DAN PENERAPAN PERATURAN DAERAH PROVINSI JAWA BARAT TENTANG PERTANGGUNGJAWABAN SOSIAL Novrizha Dinda Larasati; Tarsisius Murwadji; Deden Suryo Rahardjo
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2696

Abstract

Corporate Social Responsibility (CSR) is a commitment from a company to contribute to the community around the company's operational area. The Local Government of West Java Province established a Regulation which regulates the implementation of CSR programs in West Java. This research aims to determine the regulation and application the CSR Program in West Java by using the audit of legal quality theory. This research is based on documents and activities such as the Regional Medium Term Development Plan document (RPJMD), and research in Nagrog Village. Based on the results of the research, the implementation of CSR has been carried out well and in accordance with the Regulations of West Java Province, although there are some deficiencies that can be corrected and developed. Keywords: Audit of Legal Quality, Corporate Social Responsibility, Local Government Regulation
Pendekatan Konsep Restorative Justice Dan Pemenuhan Hak Dalam Proses Peradilan Anak (Menurut UU No. 11 Tahun 2012) Muhammad Surya Adi Wibowo; Drs. M. Yunus
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2291

Abstract

AbstractThe judicial process children give priority to the concept of restorative justice in the implementation as an effort to continue to maintain the future children , but the rights of the child in the judicial process that is often ignored .The problems that have arisen how the implementation of the concept restorative justice in the judicial process for violation of children and how the protection of the law that will be given to the rights of children as regulated in the law number 11 2012 about child criminal justice systems .The purpose of which are how the judicial process and protection of what they were by the son .Usefulness for providing information on the judicial process and legal protection for children in accordance with the regulations .By using the method juridical normative , obtained the results of research regarding the application of the concept of restorative justie in the judicial process children often find various obstacles because involves various parties. Keyword: Protection of Law, The Rights of Child, Restorative justice
EKSISTENSI TUHA PEUT DALAM MELAKSANAKAN FUNGSI ANGGARAN DI GAMPONG BABAH KRUENG MANGGIE KECAMATAN PANTON REU KABUPATEN ACEH BARAT Nila Trisna; Rachmatika Lestari
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2692

Abstract

Implementation of Gampong Government as contained in Qanun Number 5 of 2003 Chapter 1 General Provisions Article 1 Point 6 is a legal community unit that has the lowest government organization directly under the Mukim, which occupies certain areas led by a keuchik or other name entitled to hold housing matters own stairs. In Points 9 and 10 also mentioned that the government is called the Gampong government is the administration of the gampong government and Tuha Peut Gampong. As for one of the main functions of the Tuha Peut Gampong as contained in Article 31 of Qanun Number 5 of 2003, namely carrying out the Budget Function. Namely the authority to discuss / formulate and approve the draft Village Budget and Revenue and Expenditure (APBG). This research uses normative juridical methods and Empirical Juridical This study uses normative legal research methods, viz. The study refers to the principles, legal concepts, legal norms contained in the Statutory Regulations. The role and responsibilities of the government of Babah Krueng Manggie Village are needed to support all forms of development activities. In practice, the role of Tuha Peut in the budget function has not yet run optimally because members of Tuha Peut do not understand their duties and functions. This is caused by a variety of factors, such as low levels of education as well as the lack of participation of the Tuha Peut Gampong, resulting in a non-optimal implementation of the budget function. Keywords:     Tuha Peut; budget function; Gampong government
TINJAUAN PENERAPAN PUTUSAN HAKIM TAHUN 2017-2019 PERUSAKAN HUTAN UU NO.41 TAHUN 1999 DENGAN UU NO.18 TAHUN 2013 Vivi Sundari; Rumondang Rumondang; Musa Gabriel Ginting; Samuel Bambang Syaputra Siagian
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2697

Abstract

This study aims to find out the differences and similarities about forest destruction, to assess the quality of Comparison of Criminal Acts of Forest Destruction According to Law No.41 of 1999 with Law No.18 of 2013. With the background of problems regarding criminal acts of forest destruction and the application of the law taken by the judge. The research method used in this study is a normative juridical approach and cases of criminal acts of forest destruction. Criminal acts in the forestry sector are regulated in Law No.41 of 1999 concerning Forestry and Law No.18 of 2013 concerning the Prevention and Eradication of Forest Destruction. Forest destruction is generally an activity that uses forest areas without a permit (illegitimate) were the forms of forest destruction such as illegal logging, forest encroachment, an acquaintance of flora and fauna originating from forest friends protected by the law. Keywords: Implementation, Judge's Decision, Criminal Acts, Forest Destruction
KONSEPSI NEGARA KESATUAN MENURUT UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA 1945 Pratiwi Nur Hidayah; Tomy Michael
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2268

Abstract

In the interperting form of a unitary state in Indonesia there are still many different interpretations so that many people who want to build a khilafah state led by the caliph of all sources from the Qur’an. Even before independence the predecessors had determined the form of the state to be a unitary state. The more conflicts occur, many parties whp want to be right themselves in their own way to form a forbidden organization that wants to return to the prophetic as before, establishing a new kingdom and tne occurrence of blasphemy of religion that led to intolerance between people. In this cas the role of the government is able to create togetherness into one unified without differences. In order to create a unitary state and national unity, the author seeks to explain the meaning of the unitary state and compare the shape of the Indonesian state with the Russian state so as to provide an understanding of the true form of the unitary state.Keywords: unitary state, khilafah
ANALISA PERLINDUNGAN KONSUMEN SEBAGAI PENGGUNA INFORMATION TECHNOLOGY AND COMMUNICCATION Noviyanti Wulandari Sitepu
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2693

Abstract

Technological sophistication at this time was very easy and helped people who live in this age. Everything can be easily obtained in order to fullfill the needs of his life that everything can be obtained only through the sophistication of information technology and communication. Without having to meet with the seller or vice versa everything is so facilitated only through the sophistication of information technology and communication. But in other hands these advantages it turn out into those disadvantages also that result in losses to the buyer or consumer of course. Because without having not meeting face to face is difficult for consumers as buyers and users of the sophistication of information technology and communication to report or complain about the losses they suffer. So that there is a need for legal protection for consumers as buyers who are often harmed by the seller. And what about the responsibillity of the seller who has broken the law. It is expected that by this research consumers' rights will be fulfilled and the seller can be held accountable for his actions both in civil, criminal and state administration if they have violated the existing legal provisions. Thus no party is harmed or misused the sophistication of information technology and communication. Keywords: consumers, consumer protection, sellers / business actors, information technology communication.
PENERAPAN SANKSI ADMINISTRASI BAGI PERUSAHAAN PERKEBUNAN YANG MELAKUKAN PELANGGARAN HUKUM DI BIDANG PERKEBUNAN Hendra Pratikno Manurung; Kartina Pakpahan; Valentin Tania; Reno Aditya Suhendro; Mei Fernando Marpaung
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2579

Abstract

The purpose of this research is to regulate the administration of administrative sanctions in the plantation sector, the application of administrative sanctions for plantation companies and the supervision efforts undertaken by the government as an effort to prevent administrative violations in the plantation sector. Using normative juridical research, namely library research. The source of legal materials used is secondary data. Law Number 18 of 2004 concerning plantations states that realizing the prosperity of the community and welfare in a fair manner, one form of processing natural resources is needed in a responsible, planned, integrated and professional manner.

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