cover
Contact Name
Putri Keumala Sari
Contact Email
putkemalasari@gmail.com
Phone
+6282214066169
Journal Mail Official
putkemalasari@gmail.com
Editorial Address
Jl. Alue Peunyareng, Ujong Tanoh Darat, Meureubo, Kabupaten Aceh Barat, Aceh 23681, Indonesia
Location
Kab. aceh barat,
Aceh
INDONESIA
Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Published by Universitas Teuku Umar
ISSN : 26145723     EISSN : 26206617     DOI : 10.35308
Core Subject : Social,
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 186 Documents
Implementasi Peraturan Pemerintah Nomor 13 Tahun 2016 Tentang Bantuan Stimulan Perumahan Swadaya (Studi Kasus di Dinas Pekerjaan Umum Dan Perumahan Rakyat Kabupaten Aceh Singkil) Muhir Muhir; Nellis Mardhiah
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.3901

Abstract

The self-help housing stimulant assistance program (BSPS) is an effort by the government to assist the implementation of the construction of decent houses or housing in a healthy and safe environment independently. This program aims to help the community to have a healthy, safe and comfortable home. The purpose of this study was to determine the implementation of the self-help housing stimulant program at the Department of Public Works and Public Housing, Aceh Singkil Regency. The research method used is descriptive-qualitative method, where data collection uses observation and interview techniques in the form of written or spoken words from the people or actors observed. The Aceh Singkil Regency Self-Help Stimulant Housing Assistance Program (BSPS) is running well, but there are some that cannot be overcome in the implementation of the stimulant assistance program, in the sense that this program is almost completely running smoothly.
Pengusahaan Sumber Daya Alam dengan Persetujuan Masyarakat Adat Roni Sulistyanto Luhukay
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.3805

Abstract

State control of natural resources for the sake of the greatest prosperity of the Indonesian people can be seen from the regulations that were born where this regulation provides an authority by the state carried out at the will of the Indonesian people. However, the text of the recognition and constitutional protection of indigenous peoples still leaves two main problems. First, the recognition of indigenous peoples is placed on conditions as long as they are still alive, in accordance with community development and the principles of the Unitary State of the Republic of Indonesia. Second, the constitution introduces two terms, namely the Unity of the Customary Law Community (Article 18 B paragraph 2) and the Traditional Community (Article 28 I paragraph 3). There is absolutely no explanation regarding these two terms, thus giving rise to new interpretations of these two things which have led to polemics in the regulatory arrangements under them. In this study using normative legal research methods using a literature study legal approach. When the occurrence of the two legal problems above the state raises a polemic in carrying out judicial efforts which have always been in conflict with the legal status of indigenous peoples, for that the government places more emphasis on a sociological approach. only guaranteeing welfare from the economic field, but considerations in the environmental field for that the state guarantees this as the most important part of the constitutional mandate this cannot be separated from various factors ranging from the environment which has an impact on health, the economy which has an impact on welfare is carried out as part of the the state is present in providing guarantees for respect and protection of the rights of indigenous and tribal peoples.
Peranan Hukum Pajak sebagai Sumber Keuangan Negara pada Pembangunan Nasional dalam Upaya Mewujudkan Kesejahteraan Rakyat Fatma Ulfatun Najicha
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.4568

Abstract

The purpose of this paper is to determine the condition of the problems of public welfare in Indonesia and to determine the role of tax law as an effort to improve the welfare of the Indonesian people as a cost for national development. This paper uses a descriptive normative legal research method. The technique of tracing legal materials uses document study techniques, and analysis of studies using qualitative analysis. The result of this research is that improving people's welfare is the essence of national development. However, due to the COVID-19 pandemic in the last two years, the level of public welfare has decreased. Seeing the condition of the community's welfare level during the pandemic, it is necessary to have an instrument to improve and restore the Indonesian economy for development and public welfare. Taxes are an instrument of the Indonesian economy and are the main contribution of government revenues used for national development and state spending. Tax receipts in a pandemic situation have a role for economic recovery. From this condition, tax instruments can be prioritized for financing state spending, so that the state can overcome the problem of budget deficits, increase state spending, national development, and efforts to improve the welfare of the people so that people can feel the benefits of tax revenues for the construction of public service facilities and infrastructure, education. affordable, affordable health, defense and security, fuel subsidies, energy, and food orderly and smoothly.
Penegakan Hukum oleh Jaksa Penuntut Umum terhadap Remaja sebagai Residivis Pelaku Pemerkosaan di Kabupaten Nagan Raya Elly Yuslisa; Phoenna Ath Thariq
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.5002

Abstract

The crime of rape is a very serious problem, a crime that is rampant today is the crime of rape against minors. In this research, the type of research used is the Juridical Empirical approach. The research location used as a place to conduct research is the Nagan Raya District Attorney's Office. Because Aceh is a special Autonomous Region and refers to the Lex Specialis Derogat Legi Generali principle, which is a special law that overrides general law, in carrying out the prosecution of this case it will be charged with Aceh Qanun Number 6 of 2014 concerning Jinayat Law. Law enforcement carried out by the Public Prosecutor must provide benefits or be efficient for the community to achieve justice. But of course there is a difference in treatment between adults and children in terms of dealing with the law. There are several factors for the occurrence of criminal acts such as factors that arise from within the individual. Crime occurs not only from factors within the perpetrator's personal self but also from factors from outside the perpetrator such as family environmental factors, and community environmental factors.
Peran Unit Pelaksana Teknis Dinas Pemberdayaan Perempuan dan Perlindungan Anak Kota Bandar Lampung dalam Penanganan Kasus Terkait Perempuan dan Anak (Studi Penelitian pada Dinas Pemberdayaan Perempuan dan Perlindungan Anak Kota Bandar Lampung) Rizki Agip Saputra; Lintje Anna Marpaung; Yulia Hesti
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.4534

Abstract

Based on the regulation of the mayor of Bandar Lampung Number 6 of 2020, the technical implementation unit for the protection of women and children was farmed to provide protection for women and children in Bandar Lampung city. This study uses a normative juridical method, and an empirical approach. The problem that will be discussed in this research is how the role of the technical implementation unit of the department of womens empowerment and child protection in Bandar lampung city in handling cases and what are the inhibiting factors. The results of the study indicate that the role of the technical implementing unit is to provide services for women and children who experience violence, discrimination, special protection, and other problems
Peranan Kejaksaan dalam Penanganan Perkara Pelecehan Seksual Anak Dibawah Umur Di Kabupaten Aceh Barat Desi Maulida; Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.5092

Abstract

This research is entitled "The role of the prosecutor in handling cases of sexual abuse of minors in Aceh Regency. The method used is empirical and the data analysis used is qualitative, the data collection technique is conducted interviews and documentation, the type of data used is primary data, secondary data, based on the results of research on proving that in Aceh Province, especially in West Aceh, there are cases of child abuse under This age and the indictment dropped by the public pros ecutor are in accordance with the Aceh Qanun law, in the process of handling cases of sexual abuse of minors, the application or working method of the public prosecutor is in accordance with the prosecutor's law, although there are tips and certain tricks contained in the m legislation used by the prosecutor's office.
Praktek Qadhi Nikah Tidak Tercatat Setelah Berlakunya Undang-Undang Perkawinan (Studi Penelitian di Wilayah Hukum Kota Sabang) Fauzan Fauzan; Faisal Faisal; Hamdani Hamdani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.5675

Abstract

Marriage is an bond between a man and a woman to justify the relationship as husband and wife. Illegal marriages or unregistered marriages still often occur in the practice of the people of Sabang City. This is due to the ease of managing the files. The purpose of this study is to explain and analyze the implementation of the practice of unregistered marriage qadhi as well as to explain and analyze the impact or legal consequences in the jurisdiction of the City of Sabang. This survey is a qualitative survey with a normative and empirical legal approach. The normative judicial approach examines laws and regulations related to unrecorded Gaddy marriage practices. While considering the normative provisions that can be applied in practice, an empirical legal approach provides an alternative solution to the problem of illegal marriage caddy practice in the jurisdiction of the people of the city of Sabang. The results of the study show that the practice of implementing qadhi marriages is not recorded in the view of Islamic law which has occurred for a long time and is still developing in the Sabang community due to the inability of the community to meet the requirements and mechanisms regulated by the Office of Religious Affairs (KUA). KUA does not want to take the risk to resolve the reasons related to unregistered marriage. Efforts that can be made are by marriage itsbat or remarriage. It is recommended to the public that marriages be carried out in accordance with written laws. Law enforcement officials should take firm action against the perpetrators of illegal/siri marriages so as to create a deterrent effect. For KUA, it should record and re-socialize couples who have unregistered marriages to be remarried so that they are legal according to regulations and religion.
Penerapan Hukum terhadap Tindak Pidana Korupsi Anggaran Ternak (Studi Putusan No.1/Pid.Pra/2019.Pn.Lsm) Ferdy Saputra; Ramaniatun Ramaniatun; Phoenna Ath Thariq; Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.6044

Abstract

The crime of corruption is a special offense which is regulated separately in the criminal law book. In the process of handling corruption cases, the principle of priority or precedence in the settlement process applies. This is in accordance with Article 25 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which states that investigations, prosecutions, examinations in court in corruption cases take precedence over other cases for prompt settlement. This study aims to determine the application of material criminal law to the crime of livestock budget corruption in the case of decision Number 1/Pid.Pra/2019.Pn.Lsm, and to find out how the judge's considerations in making a decision on the crime of corruption in the livestock budget in decision Number 1/ Pid.Pre/2019.Pn.Lsm. This study uses a descriptive normative legal research method. Sources of primary and secondary legal materials, data collection techniques are library research, while the analysis of legal materials used in this study is qualitative analysis. Based on the results of the study, it is known that the application of material criminal law to perpetrators of corruption in the livestock budget in the case of decision number 1/Pid.Pra/2019.Pn.Lsm is that in its development, pretrial arrangements are regulated in Article 1 number 10 Jo. Article 77 of the Criminal Procedure Code, there is often treatment of law enforcement officials who are not really serious in reaching the material truth so that the person concerned does not get real legal protection from the state. For that obtain real legal protection from the state. For this reason, such developments can be accommodated through whether or not the determination of suspects is legal and whether the seizure is legal or not, it has been recognized as being the area of pretrial authority, so as to minimize arbitrary treatment by law enforcement officers. It is recommended that law enforcement officers, whether prosecutors, lawyers and judges, must have good knowledge of legal science, especially regarding the criminal law of corruption. If his actions are based on the proper application of criminal law from law enforcement, a sense of justice can be felt for all people.
Penyelesaian Sengketa oleh Majelis Adat Setikar Kampung di Kabupaten Aceh Tamiang dan Kedudukannya dalam Sistem Peradilan Indonesia Jefrie Maulana; Muharrir Muharrir; Muhammad Nahyan Zulfikar
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.6210

Abstract

Settlement of disputes between residents in Aceh Tamiang Regency was organized by the Setikar Village Council (MDSK) as a village deliberation body, which was later better known by the community through mediation through village traditional apparatus. This study aims to find out and explain how the procedures for resolving disputes between communities by MDSK, and analyze the legal certainty of dispute resolution between communities by MDSK in the Indonesian Judicial system. The research method of this study is normative juridical research by examining aspects of legal certainty in dispute resolution by the Aceh Tamiang District MDSK in the Indonesian justice system. The legal materials used consist of primary, secondary and tertiary legal materials. The approach taken in this research is the approach to legislation and the approach to the principle of legal certainty. The research data will be analyzed qualitatively in accordance with the legislation and conformity with the principle of legal certainty. The results of the study indicate that out-of-court dispute resolution in Aceh Tamiang District is organized by MDSK. The dispute resolution process is carried out by examining initial data related to the subject of the dispute, examining documentary evidence and adjusting it in the field, then making decisions by deliberation and consensus. Dispute resolution by MDSK has not met the principle of legal certainty. Because, MDSK does not have legality as a mediation forum and is not recognized as a mediator as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Then, there are no implementing regulations in the form of guidelines for dispute resolution through MDSK, standard rules for implementation procedures and dispute resolution procedures. 
Tinjauan Yuridis Sanksi Pidana Delik Perbuatan Cabul terhadap Anak dalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual Muhammad Ikhwan Adabi; Apri Rotin Djusfi; Eza Aulia; Phoenna Ath Thariq; Chandra Darusman; Jefrie Maulana
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.6105

Abstract

This study focuses on sexual crimes in the form of obscene acts against children. According to R. Soesilo, obscene acts are all acts that violate decency or decency, or can also constitute a heinous act that is included in the environment of sexual lust. The problem lies in the criminal sanctions regulated between the two regulations. Criminal sanctions regulated in the PA Law and the PKS Law have differences in terms of the length of the sentence, the amount of the fine, and others. Then there will also be a test of the PA Law and the TPKS Law against the theory of the purpose of punishment. The research method used is a normative research method, namely research conducted with reference to the principles, legal concepts, legal norms contained in the legislation. The results of this research are that in terms of the comparison of the length of imprisonment or the number of fines, the PA Law is more effective than the TPKS Law. There are also articles regulated in the PA Law that are not regulated in the TPKS Law, such as Articles 76D and 76E. In the article, it is more specific how to commit obscene acts, namely by means of "threats of violence and violence." Both the PA Law and the TPKS Law adhere to a combined theory. In the PA Law and the TPKS Law, the main punishments regulated are imprisonment, fines and payment of restitution to victims. If it is related to the combined theory, then the PA Law and the TPKS Law have fulfilled the purpose of the combined theory. However, in the TPKS Law, in addition to stipulating the main punishment, it also regulates additional crimes, namely revocation of child custody or revocation of guardianship, announcement of the identity of the perpetrator and/or confiscation of profits and/or assets obtained from criminal acts of sexual violence. With the provision of additional penalties in the TPKS Law, it can be seen that the types of criminal sanctions in the TPKS Law provide more complete understanding of the combined theory. So that it can be concluded that the TPKS Law in terms of types of criminal sanctions is more comprehensive in its arrangement.