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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 11 Documents
 1   2 
Search results for , issue "Vol 8, No 1 (2024): April" : 11 Documents clear
EKSISTENSI PETUGAS KAMPANYE MENURUT UNDANG-UNDANG PEMILIHAN UMUM DAN PERATURAN KPU NOMOR 15 TAHUN 2023 Darusman S, Chandra; Djusfi, Apri Rotin; Thariq, Phoenna Ath; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9227

Abstract

Campaigning is one of the stages in the general election. Campaign implementation can be carried out by campaign executives, election participants, campaign teams, and campaign officers. However, the existence of campaign officers is not regulated in the Election Law but only regulated in KPU Regulation Number 15 of 2023. This has the potential to cause legal problems related to the accountability of campaign officers according to the law. This research is a normative juridical research with a statutory approach. From the research conducted, it is known that campaign officers cannot be held criminally liable if they commit prohibited actions in the process of conducting campaigns. This is because there is no formulation of legal norms in the Election Law that recognizes, recognizes and regulates the existence of campaign officers. The implementation of criminal law accountability must guide the principle of legality which is one of the fundamental principles in criminal law.
POLITIK HUKUM PERADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA Zulfikar, Muhammad Nahyan; Adabi, Muhammad Ikhwan; Muharrir, Muharrir
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9173

Abstract

AbstractThe problematic legal arrangement of the tax court as stipulated in Article 5 paragraph (1) and paragraph (2) of Law number 14 Year 2002 on Tax Court, paragraph (1) "Technical judicial guidance for the Tax Court is carried out by the Supreme Court and paragraph (2) Organisational, administrative, and financial guidance for the Tax Court is carried out by the Ministry of Finance (now Ministry of Finance). This is certainly different from the independent judicial system or what is known as the "one roof system" in Law number 48 of 2009 concerning Judicial Power. This research uses a juridical-normative legal research method. The Juridical-Normative approach uses methods and techniques through a statute approach, case approach to examine the separation of powers and checks and balances of two power institutions, which attributively regulate the position of the Tax Court with the Tax Court Law and the Judicial Power Law and examine the Constitutional Court's decision relating to the discussion of the legal issues studied. The results of an in-depth study of the legal politics of the establishment of the Tax Court Law, should be directed at efforts to establish an independent judicial system "one roof system" and the Constitutional Court's decision to grant and declare Article 8 paragraph (2), Article 8 paragraph (3) and Article 13 paragraph (1) of the Tax Court Law does not have binding legal force, in maintaining the spirit of independent judicial power so that the court does not become an instrument of power (machtsapparaat), but becomes an instrument of law (rechtsapparaat), it is necessary to revise the Tax Court Law as part of improving the separation of powers and cheks and balances.Keywords: Legal Politics, Tax Court, Separation of Powers, checks and balances 
TINJAUAN YURIDIS PERATURAN GUBERNUR ACEH NOMOR 15 TAHUN 2023 TENTANG PEDOMAN PENGOLAHAN DAN PENGELUARAN GETAH PINUS Lestari, Rachmatika; Sari, Putri Kemala; Mubarak, Zamzam
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9269

Abstract

Aceh Governor Regulation Number 15 of 2023 concerning Guidelines for Pine Sap Processing and Expenditure was issued and signed directly by the Acting Governor of Aceh on May 29, 2023. Since the issuance of this Pergub, the sale of raw pine sap outside the Aceh region has stopped, causing farmers or business actors to be unable to continue trade contracts that have been running with business actors outside Aceh. The results showed that the spirit and purpose of the issuance of this Pergub is so that pine sap which is one of Aceh's Natural Resources can be utilized, managed, have added value, and can increase Regional Original Income which in the end can be used for the prosperity of the people. From Article 7 of the Governor's Regulation it can be seen that the Government of Aceh stops the sale of pine sap outside the Aceh region temporarily until the needs of the Pine Sap processing industry in the Aceh region are met first. However, based on data published by DPMPTSP Aceh in 2021, conditions in the field currently Aceh only has 2 (two) pine sap processing plants, namely in Central Aceh and Gayo Lues, causing pine sap stocks in the region to be abundant, and causing pine sap prices in the Aceh region to be low, which ultimately has an impact on price stability and the economy of pine sap farmers themselves. Therefore, the Government of Aceh must pay attention to various aspects both from philosophical, sociological, and juridical aspects in the formation of Governor Regulation No. 15 of 2023 so as not to cause negative impacts on the economy of the community, especially farmers or pine sap business actors. The advice given is that the Government of Aceh needs to review Governor Regulation No. 15 of 2023, especially related to the economic impact caused, and harmony between other laws and regulations while still paying attention to aspects of the specificity of Aceh itself, so that the enactment of the Governor's Regulation does not actually hamper the productivity that has been carried out by farmers and / or pine sap business actors. Keywords: Gubernatorial Regulation, Processing and Expenditure, Pine Sap
KORUPSI POLITIK DAN PELANGGARAN HAK ASASI MANUSIA DI INDONESIA Lestari, Yeni Sri; Chadijah, Devi Intan; Sariyanti, Lilis
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9198

Abstract

The number of political elites who hold positions both in parliamentary institutions and regional heads and ministers has influenced the increase in the number of political corruption in Indonesia. However, until now there has been no regulation that is able to reduce the number of political corruption, both to corruptors and to improve the legal system. One of the impacts of the increasing political corruption in Indonesia is expanding human rights violations. The purpose of this study is to describe the impact of political corruption on human rights violations. This study uses descriptive qualitative research method through literature study. The results found that political corruption leads to misappropriation of the country's economy, a tyrannical system of government, the increasing practice of collusion between rulers and businessmen, the bluntness of laws and regulations and the death of the country's democracy.
ITSBAT NIKAH DALAM RANGKA MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP PERNIKAHAN SIRI Rahmah, Siti Rahmah; Kadir, M. Yakub Aiyub; Susanna, Eva; Astini, Dewi; Delima, Meutia; Kamisah, Kamisah
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9172

Abstract

Nikah siri dilihat dari hukum positif Indonesia tidak diakui secara sah karena pernikahan siri adalah pernikahan yang tidak terdaftar secara resmi di Kantor Urusa Agama (KUA) atau Pencatatan Sipil. Dalam hukum Islam pernikahan siri sah, nikah yang syarat dan rukun nikahnya telah terpenuhi yaitu,wali nikah, dua orang saksi yang adil, ijab dan kabul. Hukum adat jika proses adatnya telah dilaksanakan yang diketahui oleh ketua adat perkawinan sah tanpa dilakukan dihadapan pegawai pencatat nikah.Tujuan penelitian ini adalah untuk mengetahui bagaimana negara melindungi perempuan dan anak dalam pernikahan siri dan bagaimana prosedur pengajuan itsbat terhadap pernikahan siri. Penelitian yang digunakan adalah penelitian hukum normatif. Untuk mendapatkan perlindungan hukum bagi istri nikah siri dapat diterapkan dengan melakukan permohonan itsbat nikah ke Pengadilan Agama/Mahkamah Syar’iyah. Pernikahan siri karena berada dalam status perkawinan poligami tanpa izin istri sah, tidak dapat mengajukan itsbat nikah, kecuali mengajukan istbat nikah karena dalam rangka penyelesaian perceraian. Selain itu, pengajuan itsbat nikah juga tidak dapat dilakukan apabila salah satu pihak bukan beragama Islam.
TINDAK PIDANA PENEBANGAN POHON DI TANAH ULAYAT MASYARAKAT ADAT DALAM KAWASAN HUTAN KONSERVASI CAGAR ALAM MANINJAU (Studi Kasus Nomor: 129/ Pid.B/ LH/ 2017/ PN. LBB) Trisna, Nila; Husnaini, Husnaini; Yuana, Adella
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9042

Abstract

In Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, in this case, it does not pay attention to the rights of indigenous peoples who have obtained customary rights or rights to control forests for generations. In Nagari Koto Malintang, they have local wisdom that they have practiced for years, such as felling 2 trees for basic needs and not for commercial purposes through permission from local traditional leaders and the Wali Nagari Koto Malintang.This research is a normative juridical research using a case approach and a statute approach, in this research the analysis is carried out by criticizing, supporting, or commenting, then making a conclusion on the results of the study with their own thoughts. and literature review assistance.The application of material punishment in decision number 129/Pid. B/LH/2017/PN.LBB, According to the author, it is not appropriate and does not meet the elements charged by the public prosecutor, but in the judge's consideration of the aggravating circumstances, the panel of judges did not reflect a sense of justice towards the defendants and the values of local wisdom who have lived and run in the community for many years. The judge's consideration in this case also contradicts the theory of criminal responsibility in which the defendants can be given excuses for forgiveness and the ultimum theory remediates that punishment is the last step.Law Enforcement Officials should be wiser in eradicating the crime of logging trees on customary lands of customary law communities and must pay attention to the values that live in local communities such as local wisdom that they have practiced for years. 
Pertanggungjawaban Hukum Kepada Lender dari Konsep Bisnis Inventory Financing serta Penyelesaian Sengketa Riyantika, Annisa; Putra, David Aprizon
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.8754

Abstract

The Inventory Financing business model is starting to develop in the peer-to-peer lending system in Indonesia. The development factor from peer-to-peer lending to Inventory Financing is the existence of collateral that is still controlled by the borrower (debtor). This research examines the legal responsibility of the lender in Inventory Financing, and dispute resolution when one party is negligent in performing its obligations. This article aims to find Inventory Financing arrangements that protect lenders and dispute resolution methods of Inventory Financing. This research uses a normative juridical method (desk research) using secondary data, namely laws and regulations and theories of contract law, development law, and legal protection. The findings in this study are that Inventory Financing is still not regulated, so it has the potential to cause disputes in its implementation. Another finding is that the method of resolving inventory financing disputes can be done through judicial and non-judicial institutions (Alternative Dispute Resolution Institutions). Alternative Dispute Resolution Institutions can be ideal because they can resolve problems quickly, easily, and cheaply.Keywords: Alternative Dispute Resolution Institution, Financial Services Authority, Peer to Peer Lending
PELAKSANAAN PUTUSAN HAKIM TERHADAP PEMENUHAN NAFKAH ANAK PASCA PERCERAIAN (STUDI PENELITIAN DI MAHKAMAH SYAR’IYAH BIREUEN) Khairani, Ridha; Aksa, Fauzah Nur; Afrizal, Teuku Yudi; maghfirah, fitri
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9160

Abstract

The judge's decision determines child custody after divorce. In some cases, the child's custody rights are given to the mother or father, and in implementation, there are parents who do not heed the results of the judge's decision, so that the plaintiff must carry out the execution by submitting the contents of the petition or withdrawing the point of claim such as the Syar'iyah Court Decision Number 594/ Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir. This research aims to find out and explain the analysis of the judge's decision regarding the fulfillment of child support based on the Syar'iyah Court Decision Number 594/Pdt.G/2021/MS.Bir and 97/Pdt.G/2023/MS.Bir and to find out the obstacles and the efforts taken in implementing the Shar'iyah Court Decision Number 594/Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir. This type of research is qualitative research with an Empirical Juridical approach, and the nature of the research is descriptive. Based on the results of the research, it is known that before determining the cost of child support rights, the judge first confirms the parties involved, then the judge will also analyze the ability of the party charged with child support due to divorce. There are no obstacles in implementing the Shar'iyah Court decision Number 594/Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir, and if the father does not fulfill his obligations as stated in the decision, then the father does not receive sanctions, because the court's obligations do not reach the stage of giving sanctions to the father, so the solution given is that the mother must apply for execution or submit a request for the contents of the decision. If this effort is also unsuccessful, then legal efforts can be taken that can protect children from irresponsible parental actions in Article 76 B and Article 77 B of Law Number 35 of 2014 concerning Child Protection.
UPAYA PENCEGAHAN KEKERASAN TERHADAP ANAK DALAM PRESPEKTIF HUKUM PIDANA DAN KRIMINOLOGI DI KOTA TANJUNGPINANG Widiyani, Heni; Ferilanda, Jelly Yanti; Arida, Maina; Eryanti, Niken Febri; Kamalia, Disya Putri
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9065

Abstract

Violence against children is currently becoming a hot phenomenon, so violence against children has an impact on various places such as families, schools, playgrounds, Islamic boarding schools, and orphanages. This study focuses on violence against children in Tanjungpinang City, This study formulates the reasons for the phenomenon of violence against children in Tanjungpinang City using qualitative and juridical normative methods. The researchers' data collection technique uses interview techniques. Based on the results of the study, the author found that the causes of violence in Tanjungpinang City children are economic factors, stress or experiencing pressure, and the effects of pornographic films that create and maintain violence against children. In the problem, it is seen in the perspective of criminology in efforts to prevent children in Tanjungpinang City based on the sociological research approach of law raised in law. The results of the study explained that in 2021 there were 76 children as victims, in 2022 there were 83 children as victims, and in 2023 there were 90 children as victims. So that in total from 2021 to 2023 there were 249 cases of violence against children recorded in UPTD PPA Tanjungpinang City and Simfoni PPA. Forms of violence against children in Tanjungpinang City range from physical, psychological, neglect, sexual, and trafficking.  It was recorded in the UPTD PPA Tanjungpinang City and the PPA Symphony, that the form of sexual violence was the most common form of violence from 2021 to 2023 in Tanjungpinang City. The fewest forms of violence from 2021 to 2023 were trafficking. Then the number of violence against children by age, the most are at the age of 13-18 years. Meanwhile, the highest number of violence against children based on education level was recorded in elementary schools from 2021 to 2022.
Diskursus Kampung Restorative Justice Dan Eksistensi Peradilan Adat Di Provinsi Jambi Kurniawan, Ardian; Marwendi, Reza Okva; Yusuf, M. Yusuf; Aiman, Muhammad; Tauvani, A. Yuli
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9146

Abstract

This research delves into the discourse related to village restorative justice and customary law in the Province of Jambi in the context of the diversity of authority shifts between modern legal approaches and existing legal traditions. The research background refers to conceptual differences and perspectives on dispute resolution between the state and customary law. To examine the relationship between the concept of restorative justice and customary justice, this study employs a qualitative approach by conducting in-depth interviews with representatives from the prosecution, community leaders, as well as traditional leaders in several restorative villages in the Province of Jambi. The literature review involves a profound understanding of restorative justice, customary justice, and the interaction between state law and customary law. The research findings highlight the conflicts and convergences between the restorative justice approach and the existence of customary justice. Conflicts arise in the interpretation of rights, obligations, and authority held by each system. However, this research also reveals the potential synergy between these two approaches in resolving disputes with a more holistic and contextual approach. The findings of this research indicate the importance of dialogue and collaboration between the state and customary law in developing initiatives such as village restorative justice. In the context of the Province of Jambi, wise integration of state and customary law can bring benefits for the preservation of cultural values as well as the fulfillment of individual and community rights.

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