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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 10 Documents
 1 
Search results for , issue "Vol 7, No 2 (2023): Oktober" : 10 Documents clear
Eksistensi Adat Kenduri Laot pada Masyarakat Nelayan di Aceh Bagian Timur Suriyani, Meta; Anwar, Saiful
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7098

Abstract

The existence of kenduri laot in fishing communities in East Aceh Regency as an implementation of laot customs and customary law. Kenduri laot is a traditional ceremony with the concept of friendship based on Islamic law. Kenduri laot is held every year. Kenduri laot is a ceremony before the east or west season ends. However, the current implementation of the kenduri laot in East Aceh Regency is uncertain and has been neglected. So it is carried out every year or every three years or the time is uncertain. The Lhok Panglima Laot who is in charge of implementing, maintaining and supervising the implementation of Laot customs and customary law only provides customary sanctions of warning and advice regarding the laot kenduri to be implemented every year. The obstacle to implementing the kenduri laot is that the fishing community deliberately ignores and puts aside the kenduri laot. Efforts made are to hold deliberations between the District/Lhok Panglima Laot and the fishing community to discuss and preserve the local wisdom of implementing the kenduri laot every year. Then determine sanctions for those who violate the prohibition from going to sea for several days and/or confiscation of fishing catches
Kekuatan Hukum Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 tentang Petunjuk Bagi Hakim dalam Mengadili Perkara Permohonan Pencatatan Perkawinan Antar-Umat yang Berbeda Agama dan Kepercayaan Muharrir, Muharrir; Maulana, Jefrie; Zulfikar, Muhammad Nahyan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8462

Abstract

The issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023 concerning Instructions for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs has caused pros and cons reactions in society, in essence in this SEMA applications for registration of marriages between different religions cannot be granted by the Court, this is of course contrary to Supreme Court Decision Number 1400 K/Pdt/1986 which states that differences in the religion of prospective husband and wife are not prohibited in marriage, and also contradicts the content in the Elucidation of Article 35 letter a of Law Number 23, 2006 concerning Population Administration, where it is explained that the Court can determine marriages between people of different religions. This research aims to determine the position and legal strength of SEMA in the hierarchical system of statutory regulations. This research method uses normative juridical with a statutory approach. The research results show that the position of SEMA Number 2 of 2023 is under the law and its legal force cannot erase or revoke articles in the Population Administration law, even though SEMA Number 2 of 2023 contains the same material as Article 2 paragraph (1 ) and Article 8 letter f of Law Number 1 of 1974 concerning Marriage, but can only revoke legal products issued by the Supreme Court, so with the issuance of SEMA this automatically revokes Supreme Court Decision Number 1400 K/Pdt/1986. The binding legal power of SEMA is not directly legally binding, but contains legal relevance aimed at the Judicial body under the Supreme Court, thus closing the door for the Court to grant Applications for Registration of Interfaith marriage.
Implikasi Pandemi Covid-19 Terhadap Penanganan Tindak Pidana Korupsi Oleh Kejaksaan Munirah, Intan; Awaljon, M Gempa
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7748

Abstract

The crime of corruption is included in a special crime, regulated by a special law, namely Law Number 31 of 1999 as amended by Law Number 20 of 2001. However, based on data on the performance achievements of the Attorney General's Office of the Republic of Indonesia in December 2020, it is explained that the process of handling corruption crimes has not yet reached the performance target at each stage of handling corruption cases, besides that the level of public satisfaction with the performance of the Attorney General is ranked fourth. It is important to study the obstacles and barriers. Obstacles in the handling of corruption cases that occur at the investigation stage, the number of personnel is not balanced with the high workload so that additional professional personnel are needed. obstacles in the process of handling corruption crimes due to the Covid-19 pandemic outbreak which hindered the process so that it was not resolved on time.
Penyelesaian Sengketa Mawah di Lembaga Adat Aceh dalam Hukum Islam mardhatillah, Fitria; Maghfirah, Fitri; Thani, Shira
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8313

Abstract

Mawah transactions in Aceh is agree orally without written evidence, potentially leading to prolonged disputes. The mawah agreement does not mention a time limit for the duration of the agreement with a certain period of time, causing the heirs of the mawah property manager to sue. If there is a dispute in Acehnese society (including mawah disputes) it will be resolved through peaceful means and/or customary courts before being handed over to the police. This research approach uses an empirical juridical approach that aims to examine aspects that must be considered in resolving mawah disputes and procedures for resolving mawah disputes in Aceh Customary Institutions based on Islamic law. The results showed that aspects of the agreement, legal aspects and judges need to be observed so that the settlement does not violate Islamic law. The dispute resolution procedure in the Acehnese customary court is in accordance with the settlement in Islam which is in the nature of the settlement in accordance with peace (aṣṣulh) and the form of implementation is in accordance with the judiciary (al-qaḍā) with an appeal at the Mukim level if Keuchik unable to complete. Furthermore, if the customary court has not been able to be resolved it will be resolved through the Religious court, for Aceh the Religious court is called the Shar'iyah Court.
Pengaruh Kevakuman Jabatan Majelis Pengawas Wilayah Notaris terhadap Efektivitas Pembinaan dan Pengawasan Notaris di Aceh Suhaimi, Suhaimi; MH, Nurdin; Tinianus, Enzus
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8096

Abstract

Article 72 of Law No.30 of 2004 concerning to the Position of a Notary, as amended by Law Number 2 of 2014 concerning to Amendments to Law No.30 of 2004 concerning to the position of a Notary (hereinafter referred to as the Law on Notary Position and abbreviated as UUJN), states that the duration of position for the Notary Regional Supervisory Council (MPWN) are 3 (three) years, but the duration of notary for the Aceh MPWN, which on 27 September 2020 has alredy turned 3 (three) years, turns out that until 19 May 2021 there has been no replacement for a new MPWN. As a result, there has been a vacuum in the Aceh MPWN for 7.2 months. So it would be interesting if a scientific study was carried out on the effect of the MPWN's vacuum on the effectiveness of the guidance and supervision of Notaries in Aceh. This type of research is included in empirical legal research. The primary data was obtained through field research, by conducting interviews with respondents and several informants. The results of the study revealed that when the Aceh MPWN was vacuumed, there were 2 (two) MPDN recommendations with 2 (two) Notaries indicating violations of the UUJN and/or the Notary Code of Ethics, namely the MPDN for Banda Aceh Municipality and Aceh Besar District. However, due to the vacuum of the Aceh MPWN and its members having been retired, the Aceh MPWN is not authorized to handle and follow up on the recommendations of the two MPDN. The legal consequence is that the guidance and supervision of Notaries is not carried out effectively.
PELAKSANAAN PERJANJIAN BAGI HASIL PERUMAHAN TITAN ARUM HOUSE ANTARA PEMILIK TANAH DENGAN PELAKSANA PEMBANGUNAN PT. RUBEK MEUPAYONG (Studi Penelitian di Kabupaten Aceh Barat Daya) Syahputra, Imam Zirham; Faisal, Faisal; Kurniasari, Tri Widya
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i2.7931

Abstract

This study is intended to determine the implementation of the rights and obligations of the parties to the production-sharing contract and the obstacles and efforts to resolve defaults carried out by the executor of the Titan Arum House housing development. The problem of this study is the implementation of the rights and obligations of the parties in the profit-sharing agreement and obstacles as well as efforts to resolve defaults carried out by the executor of the housing development Titan Arum House. The study method is empirical juridical, with descriptive analysis, namely providing an overview and disclosure of the implementation of profit-sharing agreements for housing development in Southwest Aceh District. The agreement was caused by the agreement of the parties with the principle of freedom of contract. The agreement made by the parties is carried out by putting it in the form of a written agreement made before an authorized notary. The parties agreed to build 25 housing units on the land of the first party for 8 months. The second party carried out the construction for 11 months, so it was considered a default not in accordance with the specified time. The default was due to obstacles in the form of inaccuracy in analyzing time and Budget Details (RAB). The settlement efforts taken by both parties are by way of deliberation in order to obtain a mutually beneficial agreement. The two sides again made an addendum containing an additional three months of construction time.
Analisis Penerapan Tindak Pidana Persiapan dalam Undang-Undang No. 1 Tahun 2023 tentang Kitab Undang -Undang Hukum Pidana Adabi, Muhammad Ikhwan; Sani, Adam; Zulfikar, Muhammad Nahyan; Jhowanda, Rahmat
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8441

Abstract

Preparatory criminal acts are actions committed by a person or group of people to plan or prepare a certain criminal act. Even though the actual criminal act has not been committed, these preparatory actions can also be considered a criminal act if they involve elements regulated in criminal law. The problem in this research is what is the difference between preparatory action, trial and initial action of execution as well as analyzing criminal acts of preparatory action in the new Criminal Code. The type of research used is normative legal research, namely legal research carried out by reviewing library materials or secondary data. The results of the research can be concluded that the difference between initial implementation actions and preparatory actions is that preparatory actions are carried out before the start of implementation to prepare the action and not violate the law. Meanwhile, the start of implementation was carried out after preparatory measures and was contrary to the law. So after the enactment of the latest Criminal Code, preparatory acts are no longer seen as acts that are not against the law. Preparatory acts in the latest Criminal Code are considered a separate criminal act. Meanwhile, the urgency of implementing preparations in the latest Criminal Code is the prevention of criminal acts, community protection, prevention, justice, investigation and disclosure.
Upaya Penyelesaian Kredit Macet Dana Bergulir di Unit Pengelola Kegiatan (Upk) Kecamatan Jeumpa Kabupaten Aceh Barat Daya Mahfuzah, Mahfuzah; Trisna, Nila
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i2.8406

Abstract

Savings and loans revolving fund PNPM Mandiri Rural in the UPK Jeumpa District, Aceh Barat Daya Regency has been running since 2009 until now, but in its implementation many loans are experiencing bottlenecks because the borrower group does not use the loan in accordance with the agreement letter.The purpose of this study was to determine the efforts to resolve bad loans and the obstacles in the settlement of non-performing loans in revolving funds at the UPK Jeumpa District, Southwest Aceh Regency. This research is an empirical juridical research using descriptive analysis method that describes efforts to resolve bad loans.The results of this study indicate that the settlement of bad debts is carried out by the following mechanism, arrears in the first month are given a verbal warning to the group leader, if the first method does not work then a warning letter will be given three times in a row and if the debtor still does not have good intentions To pay off the credit, the UPK will make efforts to save the credit, namely the confiscation of the collateral. Furthermore, a negotiated settlement is carried out for debtors who have good intentions, namely by providing credit relief by extending the loan period. As for the obstacles in resolving bad loans, there are debtors who have bad intentions who intentionally do not complete their credit payments, the spread of the Corona Virus which has an impact on the community's economy, business failures that result in debtors having difficulty completing their loans, and the UPK's lack of firmness in imposing sanctions on debtors. or groups of borrowers who are in arrears, so that the debtor ignores the sanctions.Suggestions for the Activity Management Unit (UPK), to be more thorough, careful and careful in choosing groups to be given loans, and to collect regularly, in an effort to settle bad loans, the UPK should be more strict with debtors who violate the agreement by providing heavier sanctions so that the debtor feels deterred. And for the Women's Savings and Loans group (SPP) it is expected that they fulfill the agreements that have been made and mutually agreed upon so as not to cause problems in the future.
Pengaturan Sertifikasi Halal bagi Rumah Pemotongan Hewan (RPH) di Indonesia Sandela, Ilka; Yuana, Adella; Sari, Putri Kemala
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8451

Abstract

Halal certification is a series of processes that must be fulfilled by slaughterhouses. The aim is to provide comfort, security, safety and certainty of the availability of halal meat for the community, as well as increasing added value for business actors to produce and sell halal meat products. This research examines the provisions regarding halal certification rules for slaughterhouses in Indonesia, the halal certification mechanism and the consequences for slaughterhouses that are not halal certified. The research method used is the normative juridical method, namely research that focuses on legal norms contained in statutory regulations. The research results show that the provisions for halal certification for slaughterhouses in Indonesia are regulated in Law Number 33 of 2014 concerning Halal Product Guarantees, Law Number 6 of 2023 concerning Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation, Government Regulation Number 39 of 2021 concerning the Implementation of the Halal Product Guarantee Sector, Decree of the Minister of Religion Number 748 of 2021 concerning Types of Products that must be halal certified, and detailed guidelines are regulated in the Decree of the Head of the Halal Product Guarantee Organizing Agency Number 77 of 2023 concerning Guidelines for Implementing the Product Guarantee System Halal in Slaughtering Ruminants and Poultry. The halal certification mechanism consists of the manager or business operator of the slaughterhouse registering and attaching the required documents; BPJPH will examine the requirements that have been attached; Next, an audit and inspection of the product will be carried out, submitting the inspection results to the MUI for a fatwa to be issued; and issue a halal certificate if it passes the audit. The consequences for slaughterhouses that do not implement halal product guarantees are that they will receive administrative sanctions in the form of reprimands, written warnings and revocation of halal certificates for those who already have halal certificates. The author suggests that these consequences be added in the form of slaughterhouses that do not have a halal certificate not being allowed to operate and slaughtered meat being prohibited from circulating.
Restitusi Sebagai Upaya Ganti Kerugian atas Derita yang Dialami Anak Akibat Pencabulan yang Dilakukan Oknum Guru di Lingkungan Sekolah Suryani, Dewi Ervina
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i2.8426

Abstract

Initially, restitution was more popular in the field of civil law, but along with the development of criminal law, the term restitution was heard more often, especially in criminal cases involving children as victims. Child victims have the right to obtain compensation for the suffering they experience as a result of criminal acts. However, the implementation of this restitution cannot yet be said to be optimal, because there are still many children who are victims of criminal acts, especially sexual abuse, who do not receive restitution as they should, and some even do not know about it. This research is normative juridical by examining secondary data (library research). The results of this research provide an illustration of how the fulfillment of children's rights and protection is implemented in the decision of the Banda Aceh District Court in case Number: 132/Pid.Sus/2020/PN Bna, which is a case of sexual abuse committed by unscrupulous teachers at SD Negeri 64 Banda Aceh Ateuk Jawo Village , Baiturrahman District, Banda Aceh City to underage female students.

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