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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 9 Documents
 1 
Search results for , issue "Vol 7, No 1 (2023): April" : 9 Documents clear
Teknik Pembuktian Gratifikasi Seks dalam Tindak Pidana Korupsi Chandra Darusman S; Ilka Sandela; Basri Basri; Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7575

Abstract

Gratification as part of the criminal act of corruption has undergone changes in form and mode. Gratification is not only interpreted as giving gifts in the form of money, goods, prizes, or commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free medical treatment, and other facilities, but also sexual services to state administrators or civil servants. This research is normative legal research and aims to examine sexual services as part of gratification and techniques of proving sexual services as part of gratification. The results of the study show that sexual services can be classified as a form of gratification and the technique of proof is used to prove whether or not all of the elements of Article 12B of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes have been fulfilled or not by using a balanced reverse burden of proof system.
Pertanggungjawaban Pidana Pelaku Pencabulan terhadap Anak yang Dilakukan oleh Anak Ditinjau dari Undang-Undang Perlindungan Anak & Sistem Peradilan Pidana Anak Taufiq Ramadhan; Dewi Pika Lbn Batu
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7057

Abstract

Children are subjects that cannot be separated from the survival of humans, the nation and the state because children are the next generation of the nation. In line with the rapid development of the times and supported by several factors of juvenile delinquency, low intelligence, minimal education, bad association of children and the mass media (shows that tend to be unfavorable) are the causes of a crime. Crimes that are mostly committed by children, for example sexual abuse. This study aims to determine the process of criminal justice against children who are in conflict with the law and to find out about the criminal responsibility of perpetrators of sexual abuse of children committed by children. The nature of the research used is analytical descriptive with a normative juridical approach. The criminal justice process for children in conflict with the law is carried out by prioritizing the concept of restorative justice to protect juvenile offenders which is currently adopted in Law No. 11 of 2012 concerning the juvenile justice system through the diversion system. Criminal responsibility for children as subject actors must prioritize the principles of protection, justice, non-discrimination, the best interests of the child, respect for the child's opinion, continuity and development of the child, guidance and guidance for children, the principle of proportionality, deprivation of liberty and punishment for children is an effort final or ultimum remedium. Keywords: Criminal Liability, Children, Obscenity
Analisis Yuridis Tingginya Cerai Gugat Istri terhadap Suami pada Masa Pandemi Covid-19 (Studi Penelitian di Mahkamah Syar’iyah Lhoksukon) Eko Gani PG; Eka Chyntia
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7327

Abstract

The number of divorce cases that occurred during the Covid-19 pandemic is a concern. Divorce applications at the Lhoksukon Sharia Court are mostly from ordinary or middle class people who apply for divorce for various reasons. Article 38 Law no. 1 of 1974 regarding "marriage can be broken due to death, divorce and on a court decision. Dissolution of a marriage caused by death does not require special discussion because neither party is aggrieved either recognizing their responsibilities or rights. This study aims to find out and analyze the legal arrangements for divorce between a wife and her husband during the Covid-19 pandemic from the aspects of Civil Law, the Civil Code and to find out the purpose of a wife's divorce from her husband according to the Criminal Code. In this study, the researcher wanted to see what factors influenced the parties filing for divorce that occurred during the Covid-19 period at the Lhokseumawe Syar'iyah Court, how were the efforts made by judges to reduce divorce during the Covid-19 period at the Lhokseumawe Syar'iyah Court and the obstacles what is faced in solving the problem of divorce which has increased during the covid-19 pandemic.The type of research used to answer these problems is juridicalempirical legal research using an empirical approach. Data collection was carried out through interview studies and field research. Data analysis used is qualitative analysis. The results show that Divorce is increasing due to economic problems, infidelity and domestic violence, and families are facing problems leading to lawsuits for divorce. The high number of divorces during the Covid-19 pandemic can be overcome through preventive efforts, namely preventing unwanted things such as divorce from happening in the future. Hindering the resolution of high divorce cases is the strong desire of the parties to maintain the divorce and third party intervention to help couples feel more confident about their divorce.
Perlindungan Hukum Terhadap Korban Ekspolitasi Seksual Komersial Anak (ESKA) Dalam Ranah Pariwisata Saparudin Efendi; Prandy Arthayoga Louk Fanggi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7455

Abstract

This article raises the Indonesian government's efforts to reduce commercial sexual exploitation of children (CSEC) in the tourism industry. As a link in supporting the sustainable development agenda for the creation of a society that is earlier aware of sexual violence against children. CSEC will usually involve a lot of tourism actors, both foreign and domestic, who put children at a disadvantage physically and mentally. The purpose of this paper is to first look at the forms of CSEC in Indonesia and secondly, what strategic steps have been taken by Indonesia to prevent CSEC from occurring in the tourism sector. This research method includes normative research, which uses the doctrinal and theoretical principles in the science of law, regarding the legal materials used, which consist of primary legal materials, secondary legal materials, and tertiary legal materials. This method uses the norms that apply to the conceptual approach, namely referring to concepts, principles, and theories that are related to the issues discussed. as well as based on several programs that have been implemented by the government and are carried out with limited prevention by maximizing the role of the various parties who are responsible for preventing cases of CSEC. These steps are of course carried out in order to create a harmonious environment in the life of the nation and state, as well as to protect citizens from the threat of crime.
Hukum Responsif: Hukum sebagai Institusi Sosial Melayani Kebutuhan Sosial dalam Masa Transisi Sulaiman Sulaiman; Muhammad Nasir
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7570

Abstract

The purpose of this paper is to analyze more deeply responsive legal concepts developed by Nonet and Selznick, the differences between the types of responsive law to the type of autonomous laws and law as a social institutions that serve social needs in transition. The results obtained, responsive law types have prominent features, namely: a. The shift in emphasis from rules to principles and objectives; b. The importance of the character of populist either as a law purpose and how to achieve it. The main characteristics of an autonomous law types are: a. The emphasis on the rule of law as a major effort to oversee the formal and informal power. b. Free trial. c. Separation of law from politics. d. The Court can not guarantee but may seek the law is just. The law is a social institution, viewed more than a mere regulatory system and in transition meet social needs.
Efektivitas Penerapan Sanksi Pidana terhadap Pelanggaran Parkir di Badan Jalan (Suatu Penelitian di Dinas Perhubungan Kota Banda Aceh) Muhammad Al Kausar; Muhammad Iqbal; Wiratmadinata Wiratmadinata; Jummaidi Saputra; Anhar Nasution
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7025

Abstract

Article 106 paragraph (40 letter e of Law Number 22 of 2009 Concerning Road Traffic and Transportation explains that everyone driving a vehicle on a road must comply with the provisions for stopping and parking. Furthermore, Article 287 states that everyone driving a motorized vehicle on a road that violating the rules of order or prohibition stated by traffic signs as referred to in Article 106 paragraph (4) letter b shall be punished by imprisonment for a maximum of 2 (two) months or a fine of a maximum of Rp. 500,000.00 (Five hundred thousand rupiahs). The criminal act was seriously threatened, but in practice the application of the crime has not been carried out, in fact there are still many violations. The purpose of this study is to explain the legal basis for applying criminal sanctions for parking violations on the street, the factors that cause parking violations on the road and explain the efforts made in dealing with parking violations on the road. In writing this thesis the writer uses empirical juridical methods. The empirical juridical method is legal research regarding the enactment or provisions for the implementation of normative law in action on certain legal events that occur in society. Library research was conducted to obtain secondary data, while field research was conducted to obtain primary data through interviews with respondents and informants. The results of the study show that although the rules in the law on traffic and road transportation have been implemented, they are not yet effective, namely because there are still some people who are negligent with traffic signs and the limited availability of parking space in the city of Banda Aceh. Obstacles faced in applying these criminal sanctions are socialization that has not been maximized, the unavailability of sufficient parking lots and the low awareness of violators to comply with the rules. Factors causing parking violations on the road are habitual factors, infrastructure factors, vehicle volume factors, natural conditions factors. Efforts made to deal with violations of parking on the road are the provision of parking lots, outreach, warnings, enforcement, imposition of sanctions. It is suggested to the law enforcement officers of the Banda Aceh City Transportation Service to be able to provide strict sanctions, socialize traffic signs and control overall vehicle drivers, especially four-wheeled vehicles so that these rules are actually realized.
Pembelaan Terpaksa Melampaui Batas (Noodweer Exces) dalam Perkara Pidana Putusan Nomor 34/PID.B/2020/PN MII Elmina A Herysta; Faisal Faisal; Toni Toni; Ibrohim Ibrohim
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7562

Abstract

This research examines Decision Number 34/Pid.B/2020/ PN MII in the case of loss of life of another person cannot be convicted because it is based on forced defense beyond the limit or noodweer exces. Noodweer exces is a defense when a person experiences an attack or threat of attack, the exceeding of the limits of a defense must be due to the influence of a great mental shock. The purpose of this study is to determine the applicability of noodweer exces in criminal case number 34/Pid.B/2020/ PN MII and to determine the criminal liability of the perpetrator in Decision Number 34/Pid.B/2020/ PN MII in terms of forced defense beyond the limit. The type of research used is normative juridical with a case approach method. The results showed that noodweer exces could not be applied because the shooting of the victim's head by the defendant Sumantri was not caused directly by severe mental shock. According to the Theory of necessary defense, the defense must be proportional to the nature of the attack. Because the element of necessity defense is not fulfilled and the defendant's actions fulfill the element of negligence, the defendant can be convicted as formulated in Article 359 of the Criminal Code.  
Pemaksimalan Penyidikan Tindak Pidana Keimigrasian oleh PPNS (Studi Kasus Pt. Atrinco Mulia Sejati) Ahmad Ady Majeng; M. Iman Santoso; Chairul Huda
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7315

Abstract

This study aims to find out the application of criminal investigations against corporations and the impact resulting from the implementation of immigration criminal investigations against corporations. The method used is normative-empirical and further deepened through the collection and processing of qualitative data. The results of this study indicate that PT. Atrinco Mulia Sejati was proven to have committed an immigration crime, namely he was unable to carry out his obligations as a guarantor and in decision No. 397/Pid.Sus/2017/PN.Jkt.Ut sentenced Risnawati as a representative of PT. Atrinco Mulia Sejati and no other crimes were imposed apart from the corporation. In addition, there is an impact arising from the decision. Every court decision issued regarding an immigration crime can have a deterrent effect on perpetrators of criminal acts and prevent or suppress the possibility of the same crime being committed again, either by the same or a different subject. However, if you look at the facts on the ground, there are still forms of immigration violations committed by foreigners and the guarantor who guarantees the foreigner while in Indonesia does not know who the guaranteed foreigner is.
Alih Pengetahuan Tenaga Kerja Asing (Tka) di Indonesia (Ditinjau dari Aspek Regulasi dan Kebijakannya) Muhammad Nahyan Zulfikar; Basri Basri; Jefrie Maulana; Muharrir Muharrir
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.6958

Abstract

Arrangements for Foreign Workers are regulated in Law Number 13 of 2003 concerning Manpower which is basically intended for certain jobs or positions that cannot be occupied by local workers and to accelerate the human development index (HDI) needed to support and improve field competence for local Indonesian workers through Knowledge Transfer and Technology or which is often referred to as the transfer of knowledge and technology by means of transferring skills from foreign workers to local workers through their field education and training, in terms of accepting foreign workers in Indonesia, this cannot be separated from the General Agreement on Trade in Services (GATS)/ WTO as the rules of the WTO game that wants policies without discrimination in all aspects. This study uses the juridical-normative legal research method. As for the Juridical-Normative approach, it uses all the methods and techniques that are often used in legal research studies, namely through a statutory approach (statute approach, case approach) to see cases of the entry of Foreign Workers in Indonesian, a comparative approach to compare regulations between one country and another and the last approach, namely, a conceptual approach in the form of views that can be elaborated in solving the issues faced by foreign workers at this time. However, Indonesia must also be careful in observing WTO rules by looking at the GAST/WTO Provisions concerning the natural movement of persons. It also needs to be adopted in the policy of placing foreign workers by taking into account experience and its application in other countries in the interest of protecting Indonesian workers and not using services. foreign workers who do not have good work skills.

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