Ius Civile: Refleksi Penegakan Hukum dan Keadilan
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.
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<![CDATA[PELANGGARAN SYARAT DOMISILI DALAM PENERAPAN GUGATAN SEDERHANA DI PENGADILAN NEGERI BANDA ACEH ]]>
<![CDATA[Hilmi, Muhammad Razan]]>;
<![CDATA[Bahri, Syamsul]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.13215
<![CDATA[Small claim court is a procedure in civil litigation in which the trial can be conducted more quickly and simply compared to an ordinary lawsuit. To file a small claim court, certain criteria must be met as stipulated by regulation; however, in practice, violations often occur regarding the requirements that should be fulfilled. Violation of domicile requirements in the application of small claims court has the potential to undermine the purpose of simplified justice, and this article aims to explain the forms of such violations, the reasons behind their occurrence, and the judges’ responses at the Banda Aceh District Court. This article is empirical juridical with techniques to examine applicable legal provisions and what occurs in society. Data collection through library and field research, field research was conducted by interviewing respondents related to this article, library research was conducted by reading textbooks and regulations. The data obtained were analyzed descriptively to identify patterns and problems that exist in the application of the Small Claims system in the Banda Aceh District Court. The results of the study indicate that there are violations of the requirements in the application of the small claims system, namely related to the parties' understanding of the domicile requirements in accordance with the regulations. Practice in the field shows that there are discrepancies in the implementation of applicable regulations, the use of legal loopholes to avoid the article is a violation in the application of small claims. There is a need to increase the understanding of the parties through law enforcement or seminar forums regarding small claims procedures, especially related to domicile requirements. This can be done by the Supreme Court by clarifying the provisions in the regulations to reduce ambiguous interpretations]]>
<![CDATA[PERTANGGUNGJAWABAN KEPALA DAERAH ATAS PENYALAHGUNAAN DANA TRANSFER KE DAERAH: TANGGUNG JAWAB HUKUM DAN POLITIK ]]>
<![CDATA[Mamnun, M. Khairu]]>;
<![CDATA[Tjandra, W. Riawan]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.12571
<![CDATA[This paper examines the complexity of regional heads' accountability for the misuse of Intergovernmental Fiscal Transfers (TKD) within Indonesia's fiscal decentralization framework. Although TKD is intended to support equitable development and improve welfare, it is often misappropriated by regional leaders at various levels. Employing a normative juridical method with literature review and case study approaches, this study reveals that misuse of TKD is not only a legal violation but also reflects structural weaknesses in fiscal and political oversight systems. Legally, accountability is enforced through criminal and administrative instruments involving the Corruption Eradication Commission (KPK), the Police, the Attorney General’s Office, and the Audit Board (BPK). Politically, mechanisms such as accountability reports to local parliaments (LKPJ), the right of inquiry, and public opinion play roles in supervising regional leaders. However, inadequate human resources, political interference, permissive culture, and poor inter-agency coordination hinder effective accountability. Therefore, an integrated strategy is required—encompassing digitalization of regional finance, strengthened oversight, regulatory reform, and public participation—to build a transparent and accountable fiscal governance system.]]>
<![CDATA[PRINSIP DUE PROCESS OF LAW DALAM MENJAMIN PERLINDUNGAN HUKUM BAGI PESERTA SELEKSI CALON PEGAWAI NEGERI SIPIL (STUDI PUTUSAN PENGADILAN NOMOR 2/G.2021.PTUN.JBI) ]]>
<![CDATA[Ilmania, Nurika Falah]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.13310
<![CDATA[In Indonesia, the recruitment of civil servant candidates is highly sought after by the public, as evidenced by the enthusiasm of the public during the opening of civil servant candidate registration. The administrative selection process up to the competency-based selection process is clearly regulated under Law Number 5 of 2014 on the Civil Service. Despite the existing regulations, it cannot be denied that cases still occur, one of which is reflected in Court Decision Number 2/G/2021/PTUN.JBI. The purpose of this research is to determine the legal regulations regarding the prohibition of civil servant candidates from engaging in practical politics and the legal protection for civil servant candidates against Court Decision No. 2/G/2021/PTUN.JBI. The research method used is normative legal research, employing a legislative approach, a conceptual approach, and a legislative approach, utilizing primary and secondary legal materials. Civil servant candidates and civil servants retain the right to vote in elections as part of their rights as citizens, but this right is limited to casting votes and does not extend to involvement in practical political activities. In the case of civil servant candidates involved in Court Decision No. 2/G/2021/PTUN.JBI, there is a repressive legal protection measure, namely that civil servant candidates have the right to pursue legal action through an administrative objection filed with the Administrative Court. The basic principle is that participants in the selection process should not suffer losses due to administrative errors made by the committee, as the state is obliged to guarantee legal certainty and justice for every citizen]]>
<![CDATA[PERUM DANAREKSA AS A STATE-OWNED HOLDING IN THE PERSPECTIVE OF SHARIA PRINCIPLES ON THE MANAGEMENT OF STATE ASSETS ]]>
<![CDATA[Nurkhaerani, Ema]]>;
<![CDATA[Effida, Dara Quthni]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.13389
<![CDATA[The transformation of BUMN is an important part of national development that is oriented towards the welfare of the people. Perum Danareksa was appointed as the holding company in the financial sector through Government Regulation Number 113 of 2021. This transformation is strengthened by Law Number 1 of 2025 concerning SOEs which adopts the principle of business judgment rule. The Holding structure is expected to be able to create efficiency, synergy, and increase the competitiveness of state corporations. However, when viewed from the perspective of sharia business law, BUMN governance is not enough to only emphasize profits, but also must fulfill the principles of justice (al-'adl), trust, usefulness (maslahah), and avoid the practice of riba, gharar, and maysir. This research uses a normative juridical approach with a legal and conceptual approach. The results of the study show that Danareksa's holding model is legally positive and benefits the efficiency of state assets. However, part of the portfolio is still placed in conventional interest-bearing instruments, which in sharia it is considered problematic. This poses a challenge so that the management of state assets is in line with Islamic values that emphasize justice and benefits. By strengthening the Sharia Governance framework, increasing transparency, and expanding sharia instruments such as sukuk and sharia mutual funds, Danareksa has the potential to become a model of BUMN governance that is not only modern, but also ethical and in accordance with Islamic principles.]]>
<![CDATA[Validitas Bukti Digital Closed Circuit Television Dalam Praktik Penegakan Hukum Pidana Indonesia ]]>
<![CDATA[Setiawan, M Nanda]]>;
<![CDATA[Lasmadi, Sahuri]]>;
<![CDATA[Sudarti, Elly]]>;
<![CDATA[Liyus, Herry]]>;
<![CDATA[Putra, Akbar Kurnia]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.12661
<![CDATA[Abstrak. Perkembangan teknologi informasi telah membawaa perubahan besar dalam sistem penegakan hukum pidana di Indonesia, khususnya melalui pemanfaatan rekaman Closed Circuit Television sebagai alat bukti elektronik. Artikel ini menganalisis keabsahan rekaman CCTV dalam praktik peradilan pidana Indonesia dengan pendekatan yuridis normatif, mengkaji peraturan perundang-undangan, dokumen hukum, dan literatur akademik terkait. Hasil kajian menunjukkan bahwa meskipun KUHAP belum secara eksplisit mengatur alat bukti elektronik, legitimasi hukum terhadap rekaman CCTV telah diperkuat melalui Undang-Undang Informasi dan Transaksi Elektronikdan yurisprudensi Mahkamah Konstitusi. Pengakuan ini didukung oleh konsep functional equivalent approach, yang menempatkan bukti elektronik setara dengan alat bukti konvensional. Namun, keabsahan rekaman CCTV sangat bergantung pada keaslian, integritas, serta prosedur perolehan dan penyajian yang sesuai dengan hukum acara pidana, termasuk aspek forensik digital dan chain of custody. Tantangan utama meliputi sinkronisasi regulasi, pemahaman teknis aparat penegak hukum, dan perlindungan hak asasi. Artikel ini merekomendasikan penguatan regulasi, peningkatan kapasitas teknis, serta harmonisasi antara KUHAP dan UU ITE untuk mengoptimalkan penggunaan CCTV sebagai alat bukti yang sah, efektif, dan berkeadilan dalam sistem peradilan pidana Indonesia.Kata Kunci: Validitas: alat bukti elektronik; Digital Forensik; Hukum Pidana]]>
<![CDATA[PEMAAFAN HAKIM (RECHTERLIJK PARDON) DALAM KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP) BARU DI SISTEM PEMIDANAAN INDONESIA ]]>
<![CDATA[Bangun, Anza Ronaza]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.13035
<![CDATA[Judicial Pardon (Rechterlijke Pardon) refers to the authority granted to judges to forgive a person who is guilty of committing a minor criminal offense before a verdict is rendered. This research aims to explore in greater depth the regulatory system of Judicial Pardon (Rechterlijk Pardon) in Indonesia’s Criminal Code (KUHP), compare it with similar provisions in other countries, examine the urgency of incorporating Judicial Pardon (Rechterlijk Pardon) into the new Criminal Code (KUHP), and identify the types of criminal offenses that may be resolved through Judicial Pardon. The method used in this study is a normative juridical research method with a descriptive-analytical character. Theories employed include the theory of comparative law, the theory of judicial pardon, and the theory of law enforcement. The research uses secondary data, which includes primary legal materials, secondary legal materials, and tertiary legal materials. The techniques and tools for data collection include library research, involving the study of various literature sources such as books, legislation, and course materials related to law, as well as documentary research. The data in this research is analyzed using qualitative data analysis methods. The findings of the study reveal thatJudicial Pardon (Rechterlijk Pardon)has been included in Article 54 paragraph (2) of Law Number 1 of 2023 concerning the National Criminal Code (KUHP). The regulation of Judicial Pardon (Rechterlijk Pardon) in Indonesia, compared to that in several European countries such as Greece, Portugal, and the Netherlands, demonstrates that each country’s legal framework has its own strengths and weaknesses regarding the concept and implementation of Judicial Pardon (Rechterlijk Pardon).]]>
<![CDATA[POTENSI TINDAK PIDANA KORUPSI DALAM PENGELOLAAN DANANTARA (ANALISIS PERSPEKTIF SISTEM HUKUM) ]]>
<![CDATA[Wahyudi, Endik]]>;
<![CDATA[Yulian, Bagus Marta]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.13010
<![CDATA[The establishment of the Daya Anagata Nusantara Investment Management Agency (Danantara) through Law No. 1 of 2025 represents a strategic initiative by the government to integrate state assets and strengthen the national economic structure in pursuit of Golden Indonesia 2045. With direct presidential authority and initial capital of at least IDR 1,000 trillion, Danantara holds a strong and independent institutional position. However, this institutional design raises serious concerns, particularly regarding the oversight system in fund and budget management. Given the inherent and sometimes unpredictable risks of investment activities, questions arise as to how Danantara implements its programs within the framework of the latest State-Owned Enterprises (BUMN) law and what potential corruption risks may emerge. This study employs a normative juridical method using Lawrence M. Friedman’s legal system theory and Syed Hussein Alatas’s theory of corruption to analyze Danantara’s supervisory structure and legal accountability. It further examines the legal protection provisions within Danantara’s framework, the role of individuals involved, and the mechanisms of public accountability. The findings are expected to contribute to the development of a more comprehensive oversight system for state asset management and to reinforce anti-corruption principles in public investment institutions.]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP PELANGGARAN LALU LINTAS TIDAK MENGGUNAKAN SABUK PENGAMAN DI KAWASAN HUKUM POLRES ACEH BARAT ]]>
<![CDATA[Sari, Nurmala]]>;
<![CDATA[Adabi, Muhammad Ikhwan]]>;
<![CDATA[Aristora, Irsadi]]>;
<![CDATA[Jhowanda, Rahmat]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.13161
<![CDATA[The violation of not wearing a seat belt is regulated in Article 289 of Law Number 22 of 2009 concerning Traffic and Road Transportation. Based on this article, failure to wear a seat belt while driving will be subject to sanctions. In reality, in the jurisdiction of the West Aceh Police, the level of public compliance with seat belt use remains low, as evidenced by the discovery of people not wearing seat belts when accidents occur in West Aceh, which can lead to the risk of injury from collisions. The lack of attention from law enforcement officers to seat belt violations leads to blatant violations. This study addresses the issue of law enforcement regarding traffic violations of not wearing a seat belt and the obstacles to law enforcement. This study uses empirical legal research using qualitative methods. Data were obtained through interviews with the West Aceh Traffic Police and the West Aceh Transportation Agency, field observations, and literature review. The research results indicate that law enforcement has not been effective. From 2021 to 2023, seat belt violations were only issued with warnings, while in 2024, only 46 (forty-six) violations were issued, recorded in Traffic Police data. This high number of violations was due to the lack of deterrent effect in the previous year. Obstacles to law enforcement include a lack of public awareness and compliance with seat belt use while driving and the inability to cover all outlying areas for enforcement. This research recommends that the police prioritize traffic violations involving non-use of seat belts and enforce strict enforcement, intensify outreach, and collaborate with the West Aceh Regency government to effectively implement surveillance cameras and the operation of electronic ticketing.]]>
<![CDATA[AMBIGUITAS KEWENANGAN ANTARA PEMERINTAH PUSAT DAN DAERAH PASCA UNDANG-UNDANG CIPTA KERJA ]]>
<![CDATA[Nasution, Anhar]]>;
<![CDATA[Irwansyah, Irwansyah]]>;
<![CDATA[Iqbal, Muhammad]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.13541
<![CDATA[The allocation of authority between the central government and local governments is a fundamental element in the decentralization system of the unitary state of the Republic of Indonesia. However, the enactment of Law Number 11 of 2020 on Job Creation (the Job Creation Law) has led to ambiguity in the distribution of power, which significantly affects the effectiveness of regional autonomy. This law restructured numerous sectoral laws, including Law No. 23/2014 on Regional Government, using an omnibus law approach that has generated both structural and substantive consequences for the governance system. This study employs a normative juridical method using statutory and conceptual approaches. The data sources consist of primary legal materials such as laws and Constitutional Court decisions, as well as secondary data from relevant scholarly journals published in the last five years. The analysis was conducted qualitatively through a critical normative review of conflicting legal norms. The findings indicate that since the enactment of the Job Creation Law, there has been a significant shift of authority from regional to central government, particularly in business licensing, spatial planning, and environmental management. Legal ambiguities arise due to inconsistencies between parent legislation and its derivative regulations, as well as the vague interpretation of legal phrases that are delegative and general in nature. As a result, legal gaps emerge between the constitutional mandate for decentralization as stipulated in Article 18 of the 1945 Constitution and the centralized practices embedded in the Job Creation Law and its implementing regulations. A reformulation of the central-local government relationship is urgently needed, adopting a more harmonious and cooperative framework that upholds the genuine principle of autonomy in accordance with the Constitution. Such efforts are essential to prevent jurisdictional conflicts, enhance the legitimacy of local governments, and ensure justice and efficiency in governance]]>
<![CDATA[PREVENTIVE EFFORTS IN LAW ENFORCEMENT OF CYBER FRAUD BASED ON ARTIFICIAL INTELLIGENCE ]]>
<![CDATA[Jalaluddin, Jalaluddin]]>;
<![CDATA[Muharrir, Muharrrir]]>;
<![CDATA[Munandar, Agung]]>;
<![CDATA[Zulfikar, Muhammad Nahyan]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 2 (2025): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v9i2.13410
<![CDATA[Artificial Intelligence has become a new aspect of social life in 2020, as the widespread use of technology has led to the development of devices with Artificial Intelligence as a key feature. Furthermore, Artificial Intelligence with more sophisticated features continues to develop and can be accessed by installing a dedicated program or through relevant websites. Cybercrimes are inherently diverse and not limited to online fraud. However, the growing phenomenon of online fraud stems from the close connection between perpetrators and victims, a strong relationship driven by numerous factors, such as urgency and high needs. This study aims to determine preventive measures for law enforcement against AI-based online fraud. The research method employed is a normative juridical approach with a conceptual approach. The findings demonstrate that preventive measures for law enforcement against Artificial Intelligence based online fraud can be implemented from three perspectives: from the perspective of the public as users, from the perspective of law enforcement as the spearhead of law enforcement, and from the perspective of the regulation itself as the legal umbrella.]]>
