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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 10 Documents
 1 
Search results for , issue "Vol 8, No 2 (2024): Oktober" : 10 Documents clear
PEMBERANTASAN TINDAK PIDANA KORUPSI INDONESIA DAN SINGAPURA Nugroho, Cahyo Jati; Tan, Winsherly; Situmeang, Ampuan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.9857

Abstract

According to data from the anti-corruption education center released by Transparency International's Corruption Perceptions Index, Indonesia ranks 96th in 2021 in the corruption perception index with a score of 38 on a scale of 100. This study aims to determine the differences in the regulation and imposition of sanctions on perpetrators of corruption between Indonesia and Singapore. With Normative legal research, data is collected by literature study using secondary data which includes primary, secondary and tertiary legal materials which will be reviewed and studied one by one. This research provides results that show that there are several differences in preventing criminal acts of corruption in Indonesia and Singapore in terms of legislation, criminal sanctions, and anti-corruption institutions.
PELAKSANAAN TANGGUNG JAWAB PELAKU USAHA DEPOT ISI ULANG AIR MINUM TERHADAP SERTIFIKAT HALAL DIKAITKAN DENGAN PERLINDUNGAN KONSUMEN (STUDI PENELITIAN DI KECAMATAN MEUREUBO KABUPATEN ACEH BARAT Moflida, Nina; Sandela, Ilka; Yuana, Adella
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10558

Abstract

Article 4 of Law of the Republic of Indonesia Number 33 of 2014 concerning Halal Product Guarantee states that "Products that enter, circulate, and are traded in the territory of Indonesia must obtain a halal certificate". However, in reality in the field there are still many products circulating in the territory of Indonesia that do not have halal certificates and do not apply these rules, especially in Drinking Water Depots in Meurebo District, West Aceh. The purpose of this study is, to determine the responsibility of Drinking Water Refill Depot business actors for the obligation of halal certificates in Meureubo District, West Aceh Regency. To find out the obstacles faced by Drinking Water Refill Depot business actors in carrying out halal certificate obligations. This research uses empirical juridical research methods, which is one type of legal research that analyzes and examines the operation of law in society. The results showed that drinking water refill depot business actors have not been responsible for the halalness of the products produced, because they do not yet have a halal certificate, the business actors believe that the water produced is halal because it has been laboratory tested by the West Aceh Health Office. Obstacles for drinking water refill depot business actors in carrying out halal certificate obligations are the lack of legal awareness of the community, and the lack of public knowledge. Consumers do not get protection in consuming refill drinking water, because business actors do not carry out obligations for halal certificates.
Pertanggungjawaban Pidana dengan Menggunakan Bukti Tidak Langsung (circumstantial evidence) Bagas, Alkautsar; Mulyati, Nani; Danil, Elwi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10182

Abstract

The use of circumstantial evidence in Indonesia's criminal justice system has sparked significant legal debate, particularly in complex cases like the Jessica Kumala Wongso trial. This research examines the application of Indirect evidence in criminal proceedings, focusing on its implications for proving criminal liability and ensuring justice. The study analyzes the Jakarta Central District Court's Decision No. 777/PID.B/2016/PN.JKT.PST, which heavily relied on circumstantial evidence to convict the defendant of premeditated murder. The research aims to evaluate the legal standing of circumstantial evidence in Indonesian criminal law, assess its impact on the principles of due process and presumption of innocence, and explore the challenges in balancing effective law enforcement with the protection of defendants' rights. Using a normative juridical approach with analytical descriptive characteristics, this study employs case study, statutory, and conceptual approaches to examine relevant laws, court decisions, and legal doctrines. The methodology involves comprehensive analysis of secondary data sources, including legislation, books, journals, and other pertinent literature. The findings highlight the need for clearer guidelines and stricter standards in the use of circumstantial evidence, emphasizing the importance of maintaining the integrity of the justice system while adapting to the complexities of modern criminal cases. This research contributes to the ongoing discourse on reforming Indonesia's criminal evidence system to better address challenges in contemporary legal practice.
TINJAUAN POLITIK HUKUM PEMBENTUKAN BADAN KHUSUS DALAM UNDANG-UNDANG OTONOMI KHUSUS PAPUA Rizki, Fahmil Alfian; -, Sandyka Buana
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10379

Abstract

One of the fundamental problems with the second amendment to the Papua Special Autonomy Law is the presence of a special body called Badan Pengarah Percepatan Pembangunan Otonomi Khusus Papua as stipulated in chapter 68A. Which chapter was also reviewed to Indonesia Constitutional Court by the people’s assembly of Papua (MRP) and was considered contrary to the principle of the widest possible autonomy. This paper seeks to unravel the legal policy background of the second amendment to Papua Special Autonomy Law using three variables, namely technocracy, legal-philosophy, and participation. To answer the problem, the author uses juridical-normative research with a conceptual and statutory approach and uses secondary data. The result shows that the involvement of the Vice President as chairman of the special body is contrary to the constitution; there is an overlap with similar bodies that have been regulated by the Local Government Law; narrowing the implementation of governance by local governments in Papua. In addition, there are legal-philosophical problems in the interpretation of Article 68A which contradicts the constitutional basis for special autonomy in Article 18B of the 1945 Constitution of the Republic of Indonesia and the lack of participation in the process of amending the Papua Special Autonomy Law.
Upaya Pemerintah Desa Mengurangi Angka Pernikahan Dini Melalui Pemberdayaan Organisasi Keagamaan IPNU-IPPNU Desa Jungsemi Kendal Nurfatoni, Muhamad; Anwar, Khoirul; Rofiq, Wulida Ainur
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10507

Abstract

The Jungsemi Village Government recognizes the high rate of early marriages as a serious issue that needs to be addressed immediately. To reduce early marriages, the village government collaborates with religious organizations such as IPNU-IPPNU in an effort to provide education to teenagers. This research discusses the factors causing underage marriages in Jungsemi Village, Kendal Regency, their impacts, and the efforts of the village government in collaboration with the religious organization IPNU/IPPNU to address the issue. This research uses a qualitative field method with a phenomenological approach, conducted in Jungsemi Village, Kangkung District, Kendal Regency, focusing on early marriage, through observation, interviews, documentation, and data analysis involving reduction, presentation, verification, and triangulation to ensure validity. The Jungsemi Village Government has implemented various strategic measures to reduce the rate of early marriage, including conducting socialization about the Marriage Law Number 16 of 2019 with support from organizations such as IPNU/IPPNU and PKK. Through this approach, the village government aims to raise public awareness, especially among teenagers, about the importance of adhering to legal regulations. In addition, policies that tighten marriage permits for minors and require marriage dispensations through the court have been implemented to prevent the negative impacts of early marriage on mental, physical, and economic well-being. Support from religious leaders and the community is also a key factor in creating a supportive social environment. With regular evaluations and ongoing commitment, these measures aim not only to reduce the rate of early marriages but also to enhance legal awareness and social welfare in Jungsemi Village.
PENGARUH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 60/PUU-XXII/2024 TERHADAP KEKHUSUSAN PARTAI POLITIK LOKAL ACEH DALAM PILKADA 2024 Munandar, Agung; Zulfikar, Muhammad Nahyan; Darusman, Chandra; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10345

Abstract

Law No. 11/2006 on the Governance of Aceh (UUPA) addresses only the nomination thresholds for local political parties. However, Qanun Aceh No. 12/2016 has standardized the nomination threshold for regional heads from national political parties to 15%, which conflicts with Indonesian Law No. 10/2016. The Constitutional Court Decision No. 60/PUU-XXII/2024, which reduced the threshold percentage, has resulted in a loss of specificity for local political parties in Aceh. This research aims to analyze the impact of the Constitutional Court Decision on local elections in Aceh, address the normative conflicts between local and higher regulations, elucidate the hierarchy of legislation, and propose solutions. The research employs a normative juridical method, using secondary data obtained from literature. Findings indicate that the regulation of national political parties should be governed by national laws and their derivative regulations to avoid normative conflicts, while the regulation of local political parties can be managed through regional regulations such as qanun. To resolve normative conflicts, preventive measures include harmonizing laws and regulations, while repressive measures involve either the annulment of qanun by the government or material testing by the Supreme Court and Constitutional Court concerning UUPA (Aceh Special Autonomy Law).
PERAN SATUAN TUGAS PENANGANAN DAN PENCEGAHAN KEKERASAN SEKSUAL DI KAMPUS DALAM MENEKAN TERJADINYA PERKARA (STUDI KASUS DI UNIVERSITAS TEUKU UMAR) Aristora, Irsadi -
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10430

Abstract

Task Force (Satgas) is specifically a unit of people in a work team who are assigned to carry out task specifications based on the policies of the task force formers. Based on Permendikbud Number 30 of 2021 concerning Handling and Prevention of Sexual Violence (PPKS) in the scope of higher education requires universities to form a PPKS task force in handling cases of sexual violence that occur on campus as well as suppressing and preventing these cases from occurring or recurring by the same perpetrator. The work policies of each member of the PPKS task force team at Teuku Umar University (UTU) with a humanist and sensitive approach are considered capable of suppressing the rate of occurrence of sexual violence cases within the UTU campus from its establishment until now.  By using the normative juridical method, the research method in this case combines elements of normative law which are then supported by additional data. The work pattern of the UTU PPKS task force has attracted the attention of the campus community because it is able to close the value of sensitivity and has the power to suppress the occurrence of cases and the recurrence of cases of sexual violence on the Teuku Umar University campus. Since 2022 until now, it has resolved 4 cases by means of a humanist work pattern and maintaining personal rights that are guarded as mandated in Law No. 14 of 2014 concerning Public Information Disclosure. A consistent and responsible teamwork pattern is one of the work patterns built together so that it can have a deterrent effect on campus residents to commit the same sexual violence. Governance and roles are carried out in accordance with the tasks set out in the Decree on the formation of the UTU PPKS Task Force in detail the duties and functions of each role.
PELIMPAHAN PORSI CALON HAJI YANG TELAH WAFAT KEPADA SALAH SATU AHLI WARIS MENURUT PERSPEKTIF HUKUM WARIS ISLAM moulia, nouvan; Muharrir, Muharrir; Fazzan, Fazzan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10483

Abstract

The performance of the Hajj pilgrimage is one of the pillars of Islam that must be fulfilled by Muslims who possess the ability (istita'ah). Due to the overwhelming number of applicants and the restrictions on the number of pilgrims allowed to depart each year imposed by the Saudi Arabian government, the Ministry of Religious Affairs of the Republic of Indonesia has limited the departure of prospective Hajj pilgrims through a quota system and the allocation of waiting numbers known as "nomor porsi" (quota numbers). This quota and waiting list system has resulted in a waiting period for prospective Hajj pilgrims in Indonesia reaching up to 46 (forty-six) years from the time of registration. One consequence of this situation is that some prospective Hajj pilgrims who have registered and received their quota numbers may pass away before their departure. To address this issue, the Director General of Hajj and Umrah Implementation has issued Decree Number 130 of 2020, which allows for the transfer of quota numbers to one of the heirs of a deceased prospective Hajj pilgrim who did not have the opportunity to perform the pilgrimage. The transfer of the Hajj quota to one of the heirs has sparked debate in society regarding its status: whether the quota is part of the inheritance that must be divided among the heirs or whether it is not considered part of the inheritance. The research method employed is normative juridical with a conceptual approach. The findings of the study indicate that the Hajj quota of a deceased prospective pilgrim is part of their rights that fall into the category of inheritance. When such a right falls into this category, it can become an inheritance that must be divided among heirs who meet the requirements.
EFEKTIFITAS PENERAPAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 2018 TENTANG PELAYANAN PERIZINAN BERUSAHA TERINTEGRASI SECARA ELEKTRONIK PADA PELAYANAN TERPADU SATU PINTU KABUPATEN BANTAENG Masturi, Rahmad; Kamran, Muhammad; Nugraha, A Afgan; Adabi, Muhammad Ikhwan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10160

Abstract

The efficiency with which Government Regulation Number 24 of 2018 is being implemented in the area of electronically integrated business licensing. The study's goals are as follows: (1).Explain how Government Regulation Number 24 of 2018 in Electronically Integrated Business Licensing (2) is applied and analyze it. The aim of this study is to examine and elucidate the challenges encountered during the execution of Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing. Normative research is the analytical technique employed, which entails gathering data via a review of the literature. The study's findings indicate that the electronic one-stop integrated service policy has not been fully implemented effectively. This is because of a number of factors, the first of which is the occurrence of network disruptions during system operation. These disruptions can make it more difficult for the integrated licensing service information system to perform its functions, including data collection, printing, and monitoring. Thus, network interruption is a critical component in the deployment of an integrated licensing service information system, according to experts. The second issue is a lack of management training, which can lead to a lack of understanding among staff members and impede work processes. Third, there are still people who visit the office to take care of permits because there is a deficiency of socialization in the neighborhood.It is anticipated that the government's electronic one-stop integrated service program will be further enhanced in order to ensure smooth operation free from any roadblocks that could impede the system's implementation.
PERLINDUNGAN HUKUM TERHADAP KONSUMEN AIR ISI ULANG DI KECAMATAN JOHAN PAHLAWAN Sari, Tri Ajar; Trisna, Nila; Jhowanda, Rahmat
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10492

Abstract

Article 4 of the Consumer Protection Law grants consumers the right to comfort, safety, and security when consuming goods and/or services. However, in practice, there are 32 refillable water depots in the Johan Pahlawan District that operate without permits. This indicates a violation of the Consumer Protection Law regulations. The purpose of this research is to understand the legal provisions for consumers related to refillable water depots in the Johan Pahlawan District and to identify the obstacles in implementing the Consumer Protection Law. The research method used is empirical juridical. The implementation of legal protection in the Johan Pahlawan District has not been effective due to consumers still not receiving their rights regarding refillable water quality standards, and they continue to feel disadvantaged due to irresponsible business operators. The main obstacles faced by refillable water depots in the Johan Pahlawan District in implementing Law Number 8 of 1999 concerning Consumer Protection are related to both business operators and consumers lacking legal knowledge about the Consumer Protection Law.

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