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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 15 Documents
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Search results for , issue "Vol 6, No 1 (2022): April" : 15 Documents clear
Perlindungan Hukum bagi Korban Kejahatan Penipuan Muhammad Nasir; Johari Johari; T. Halimah; Phoenna Ath Thariq; Ummi Kalsum
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.5194

Abstract

The arrangement on victims in the Kuhap is only stipulated in Article 98 to Article 101, the articles relate to the right of victims in demanding compensation. The mechanism taken is the merger of lawsuit cases in exchange for criminal cases. The purpose of this study is to explain the underlying importance of legal protection against victims of fraud crimes and forms of legal protection for victims of fraud crimes in the provisions of the Kuhap and RKUHAP. The research methods used in this study are: Normative type of juridical research. With a legal approach, and a conceptual approach. The victim is a party who is harmed in the occurrence of a crime so that it must get attention and service in providing protection against it. The importance of protection to create a just and peaceful society without any crime or violence. Article 133 RKUHAP is regulated on compensation for victims who state if the defendant is criminally convicted and there are victims who suffer material losses. For law enforcement officials to pay attention and prioritize justice in providing protection to victims because victims have suffered losses and mental disorders and the rule of law that has been made must be carried out and given in accordance with what has been determined.
Implementasi Restorative Justice dalam Penyelesaian Perkara Tindak Pidana melalui Penerapan Qanun di Aceh Aulia Saiful Hadi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.4873

Abstract

Restorative justice is a development of the purpose of prosecution in general that focuses on criminal acts that occur. As the purpose of the prosecution in general, that focus on retaliation for actions carried out with the aim of providing a deterrent effect for the perpetrator. Meanwhile, the purpose of prosecution based on restorative justice is to emphasize the fulfillment of the rights of each party involved with criminal acts that occur, especially realizing a sense of justice in society. In this case, the existence of restorative justice is as a concept of recovery of the parties involved to return to the original condition or resemble the original situation before the occurrence of criminal acts in society. The concept of restorative justice directly involves the perpetrator, victim, and community in accommodating the needs of the relevant parties. The policy of the State Police of the Republic of Indonesia, in general, has fulfilled the concept of restorative justice as a whole, which focuses on restoring the rights of the relevant parties in realizing a harmonious community life as usual. Similarly, with the customary judiciary found in Aceh with the existence of Qanun Aceh has also accommodated the overall concept of restorative justice to the settlement of criminal cases in the community.
Ruang Lingkup Pengaturan Perlindungan Buruh/Pekerja Pasca Berlakunya Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja Dede Agus
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.5146

Abstract

Tahune protection of Labour/worker can be enforced by various laws, including Law Nomor 13 of 2003 on Manpower which several articles were deleted and amended (added/revised) by Tahune Job Creation Law Nomor11 of 2020. Of course Tahunis has resulted in changes to Tahune terms of substance and scope of employment regulation. Tahunerefore, Tahunis paper is aimed to discuss Tahune protection of labour/worker in terms of Tahune scope of Tahune regulation, at Tahune pre-employment, during and post employment according to Law Nomor 13 of 2003 on Manpower post Tahune Law Nomor11 of 2020 on Job Creation. Tahunis research meTahuNomord, Normative juridical based on Tahune secondary data and Tahune satute approach and Tahune conceptual approach, and qualitative descriptive analysis. Tahune results showed Tahunat Tahune regulated pre-employment, such as: Manpower Planning and Employment Information, Job Training, Labour Placement and Expansion of Employment Opportunities. Tahune regulated during employment, such as: Employment Relationships (work agreements), Protection, Wages and Welfare and Industrial Relations. Tahune regulated post employment, such as: Termination of Employment and Tahune rights Tahunem. From Tahune scope of Tahunis regulation, Tahunere have been fundamental and basic change to some of its provisions post Tahune enactment of Tahune Law Nomor11 of 2020 on Tahune Job Creation, which have an impact on regulating Tahune content/material of Tahune manpower act.
Penegakan Hukum Terhadap Tindak Pidana Prostitusi Online Anak Dibawah Umur (Studi Penelitian Kabupaten Nagan Raya) Erfita Ramadhani; Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.4793

Abstract

In the pandemic era, technology is one way to do activities to facilitate a human activity, the legal aspects that regulate life which aims to regulate harmonization between humans are often violated by certain elements to gain profits, apart from globalization, prostitution also participates Entering the realm of online media, there are many pimps who promote prostitution on social media. Violating online postings violate not only moral norms but also legal norms. This social disease occurs in many areas in Indonesia, including Aceh, especially Nagan Raya. This study aims to determine Law Enforcement Against the Crime of Online Prostitution of Minors in Nagan Raya Regency and the obstacles faced in law enforcement against online prostitution crimes. The method in this study is the empirical judicial method by conducting interviews with both informants and respondents who have been determined previously. The results of the study indicate that law enforcement against online prostitution in Nagan Raya Regency has been running and a series of investigations and investigations have been carried out to uncover cases of online prostitution. From the results of the investigation conducted, it is known that the perpetrators of online prostitution crimes for minors use WhatsApp as a transaction medium. For pimps, Article 506 of the Criminal Code (KUHP) states that: "Anyone who takes advantage of the obscene acts of a woman and uses it as a livelihood, is threatened with a maximum imprisonment of one year. The obstacles faced by law enforcement in dealing with online prostitution in Nagan Raya Regency are divided into 2, namely internal and external. Internal obstacles include the lack of legal instruments to ensnare perpetrators (Commercial Sex Workers) and users (consumers) of online prostitution, the lack of police personnel who can immediately follow up on the finding of the cyber team, the need for up-to-date equipment and personnel capabilities to balance the growing cyber crime, the difficulty of completing evidence and witnesses for court filings and the lack of socialization programs related to online prostitution as a preventive measure such as outreach to students. External constraints encountered include the attitude of the people who are permissive and reluctant to report online prostitution that they encounte.
Pertimbangan Hakim dalam Penjatuhan Uqubat Jarimah Pelecehan Seksual terhadap Anak di Aceh (Analisis Putusan No 8/Jn/2020/MS.Ttn) Achmad Fikri Oslami
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.4589

Abstract

Aceh is one of the provinces that has a high number of cases of sexual violence against women and children. The Syar'iyah Court is a court within the Religious Courts which hears cases related to sexual crimes including sexual harassment, adultery, and rape as regulated in Qanun number 6 of 2014 concerning Jinayat Law. Ideally, the punishment or 'uqubat for child sexual abuse in the jinayat law is at least the same as the child protection law or heavier with the increasing number of cases of sexual abuse of both women and children. This paper was written to find out what things are considered by the Panel of Judges of the Syar'iyah Court on cases of sexual violence against children in Aceh by analyzing decision number 8/JN/2020/MS.Ttn so that it can provide an ideal picture. Jinayat law enforcement image. especially in cases of child sexual abuse. This research is a type of normative research using a case approach, carried out using case studies related to the issues at hand which have become court decisions with permanent legal force, related to the themes discussed which were obtained from primary materials in the form of decisions at the level of The first was tried by the Panel of Judges of the Tapaktuan Syar'iyah Court number 8/JN/2020/MS.Ttn, then the appeal decision of the Aceh Syar'iyah Court Judges number 17/JN/2020/MS.Aceh and the last was the Supreme Court's cassation decision number 11 K/AG/JN/2020. The results of this study need a minimum penalty for sexual abuse against children due to its special handling and has become a serious problem in Indonesia, so that there is no uqubat disparity imposed between the Syar'iyah Courts in Aceh.
Ketentuan Pengaturan Penteraan Alat Metrologi Legal dalam Transaksi Perdagangan di Indonesia Ilka Sandela; Nila Trisna; Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.5231

Abstract

Legal metrology tools such as measuring instruments, measurements, scales and equipment used in trade transactions must be calibrated and recalibrated within a certain period of time. The goal is the measurement results using these tools remain correct as they should be. If it is not calibrated or recalibrated, it can cause measurements to be inaccurate, so that it can be detrimental to consumers in trade. This study aims to study further on the regulation of calibration of legal metrology equipment, sanctions, mechanisms or procedures for calibration and recalibration. The research method used is a normative juridical research method. The results of the study indicate that the provisions relating to the calibration of legal metrology equipment consisting of measuring, weighing and complete instruments are regulated in Law Number 2 of 1981 concerning Legal Metrology and Government Regulation Number 2 of 1985 concerning mandatory and free to be calibrated and/or or recalibration for measuring, weighing instruments and their accessories. In this provision, it is determined that there is an obligation to calibrate and recalibrate measuring, and weighing instruments used for public purposes, business purposes, the need for delivery and receipt of goods, determination of the company's final product, mandatory calibration and recalibration. As for the sanctions for business actors who commit acts prohibited by the Legal Metrology Law, they are subject to criminal sanctions in the form of imprisonment for a maximum of 1 (one) year and a fine of a maximum of Rp. 1,000,000 (one million rupiah). Furthermore, the mechanism or procedure for calibration of legal metrology tools includes the owner or user of measuring instruments, measuring, weighing in a clean condition, registering and paying calibration fees, then employees carry out inspections and tests, then the results are posted.
Penerapan Sanksi Pidana Terhadap Pelaku Tindak Pidana Manipulasi dan Penciptaan melalui Akun Media Sosial Facebook Agie Rinaldy Maizuly; Bambang Hartono; Indah Satria
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.3794

Abstract

The development of the internet which is increasing both in technology and its use, has made crimes that were originally conventional such as threats, theft and fraud can now be carried out by using computer media online with a very small risk of being caught. cases of fraud by manipulating someone's data or using someone's name to carry out their fraudulent actions through Facebook and Whatsapp online media occurred in the Lampung Province area. This study was conducted to identify and explain the factors that cause perpetrators to commit criminal acts of manipulation and creation through Facebook social media accounts and how to implement criminal sanctions. This research is a normative juridical research that wants to identify the background aspects and the application of criminal sanctions. The data used consists of primary legal materials, secondary legal materials, and tertiary legal materials. The results showed that the factors causing the perpetrators to commit criminal acts of manipulation and creation through Facebook social media accounts were environmental factors, lack of social control, community interests, people's ignorance, facilities, facilities, technological progress and psychological factors. The application of material criminal sanctions against the perpetrators of the criminal act of manipulation and creation through the Facebook social media account that was applied was appropriate because the elements of a criminal act were proven.
Penanggulangan Penyelundupan Narkotika Jenis Sabu-Sabu di Desa Pulo Teungoh Kecamatan Meureubo Kabupaten Aceh Barat Cut Tasya; Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.4927

Abstract

Smuggling 1.2 tons of methamphetamine type narcotics in Pulo Teungoh Village, Kec. Meurebo, Kab. Aceh Barat is an international syndicate. This attempt was thwarted by a number of members of the Directorate of Drug Investigation at the Metro Jaya Police. The data collection method used is a juridical approach, such as the results of interviews and research observations. The results showed that the factors that cause drug smuggling are economic factors in the family tend to someone to commit a crime, be it stealing, murder or drug abuse. In an effort to overcome this, the West Aceh district government through Customs and Excise will more often carry out sea route operations by involving the police team in collaboration with the port and tightening the entry and exit routes via sea so that narcotics smuggling cases are less likely to occur, which are often passed by sea.
Kajian Perkawinan Campuran dalam Perspektif Hukum Perdata Internasional (Perkawinan antara Warga Indonesia dan Warga Belanda) Renti Friska Pangaribuan; Winda Fitri
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.5296

Abstract

The rapid progress of science and innovation affects the simplicity of relations between individuals and nations. One of the impacts is the mixing of relations between couples with different identities, including Indonesian experts and workers from various countries. Issues that mixed-identity relationship strategy are the stage of producing supporting documents from the marriage registrar and at the different stages of planning archives. The purpose of this legal research is to identify and analyse mixed marriages between Indonesia and Netherlands also the procedures under international civil law. The method using normative juridicial research based on statute approach and conceptual approach.  
Asas Kepastian Hukum Pelaksanaan Hukuman Mati di Indonesia Agatha Jumiati; Ellectrananda Anugerah Ash-shidiqqi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.3935

Abstract

This article aims to examine aspects of legal certainty and justice in the application of the death penalty in Indonesia, as well as the concept of legal and fair deadlines for executions. Using normative judicial methods, this article shows that current law does not reliably and fairly determine when the death penalty should be executed. Due to time constraints, the legal certainty and justice of those sentenced to death are not guaranteed. Therefore, it is necessary to revise the laws and regulations for execution in the basic criminal law, public criminal law, and statutory law.

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