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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 187 Documents
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Konflik Hukum Perkawinan Beda Agama di Indonesia (Studi Penetapan Hakim Nomor: 12/Pdt.P/2022/Pn Ptk) Adella Yuana; Ilka Sandela
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.v6i2.6123

Abstract

Article 1 of Law Number 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law) which states "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Almighty". Creating physical and spiritual bonds in forming a marriage must meet the terms and conditions. Fulfillment of these terms and conditions aims to ensure that a marriage is considered valid both religiously and stately. Article 2 paragraph (1) of the Marriage Law states that "Marriage is legal, if it is carried out according to the laws of each religion and belief". In particular, Article 40 letter c of the Compilation of Islamic Law prohibits interfaith marriages in Islam. In the case with the Judge's Determination Number: 12/Pdt.P/2022/PN Ptk, the request was granted by the judge to be recorded at the Population and Civil Registry Office. This incident created legal conflicts and uncertainty over the norms of interfaith marriages. The purpose of this study is to identify and analyze legal conflicts and legal certainty of interfaith marriages in Indonesia through case studies. The research method used in this research is normative juridical. The result of this research is invalid based on Article 40 letter c of the Compilation of Islamic Law. Indonesian Positive Law regulates a legal marriage if it is in accordance with Article 2 paragraph (1) of the Marriage Law. Based on religion and belief, Islam clearly prohibits interfaith marriages. The judge in this case handed down the determination based on the norms of Article 35 of Law Number 23 of 2006 concerning Population Administration which opens the opportunity for interfaith marriages to be recorded at the Population and Civil Registry Office. The occurrence of conflicting norms for interfaith marriages in Indonesia results in the uncertainty of marriage law in its regulations.
Penyelesaian Sengketa Mawah Hewan Ternak dalam Masyarakat Kecamatan Pasie Raja menurut Perspektif Hukum Perdata Salmawati Salmawati; Nouvan Moulia
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.v6i2.6088

Abstract

Mawah is an agreement made between the owner of the property and the manager in which the proceeds will be divided based on the agreed agreement. Each agreement can be verbal or written, as long as the conditions for the validity of the agreement as stipulated in Article 1320 of the Civil Code are fulfilled. Generally, mawah agreements are made in the agricultural, land, plantation, animal husbandry sectors, and so on. This research aims to examine how the profit sharing agreement of mawah for livestock between farmers and livestock owners in Pasie Raja District, Aceh Selatan Regency, how to resolve profit sharing disputes in the practice of mawah on livestock and how the perspective of civil law on dispute resolution related to profit sharing. The method used in this research is empirical juridical. Collecting data in the field through interviews with respondents and informants, as well as documentation of activities in the field. The results of the study show that the agreement on the practice of mawah for livestock is still carried out orally. In the implementation of the mawah profit sharing agreement, there are differences between male buffalo, female buffalo that have never given birth, and female buffalo that have given birth. Efforts to resolve profit-sharing disputes in the practice of mawah on livestock are by way of deliberation or kinship, and the perspective of civil law regarding dispute resolution related to mawah profit sharing is appropriate, because the settlement route taken is non-litigation.
Tinjauan Yuridis Tindak Pidana Pencucian Uang di Industri Fintech Gotman Tambunan; Kartina Pakpahan; Nikodemus Ariandy Manik; Timothy Pamungkas Situmorang
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.v6i2.3792

Abstract

The development of technology and information systems in the financial sector has changed people's habits inefficient financial transactions. The method used the normative legal method, the aim of analyzing the legal arrangements for money laundering criminals in the Fintech Industry. The results of the research is regulation of money laundering is the provisions of Law No. 8 of 2010 articles 3, 4 and 5, Law No. 11 of 2008 as amended into Law No. 19 of 2016 articles 29 and 32, Then, the Draft Criminal Code is contained in articles 607, 608 and 609, if more than one money laundering regulation, the more specific regulation is used, namely in the Fintech Industry, as with the application of the principle of lex specialis derogat legi generalis, prevention of money laundering through repressive and preventive measures. There is prevention of money laundering in the Fintech Industry by the Financial Services Authority (OJK) by issuing circular letter no. 6/ SE OJK. 05/2021. Every perpetrator of money laundering in the Fintech Industry, can be accountable for the actions if there is an element of error consisting of intentional and negligence.
Kedudukan Electronic Documents Sebagai Alat Bukti Dalam Sengketa Kepabeanan Di Pengadilan Pajak Azmi Fahri
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.v6i2.5361

Abstract

The Tax Court is a judicial body that exercises jurisdiction over Taxpayers or Tax insurers seeking justice in tax disputes, including customs disputes. Customs disputes are discrepancies in opinion or interpretation of statutory provisions, calculation, and determination of the amount of import duty, excise, and Import Tax that should be paid between Customs service users and the Directorate General of Customs and Excise. Along with the rapid progress of science and technology, the world is now entering the digital era. Thus, there is strong pressure on the law, including the law of evidence, to harmonize and follow developments in society. The research was conducted with a normative juridical approach, with the conclusion that in seeking material truth to resolve Customs disputes in the Tax Court, the Judge may request evidence from the Appellant in which all information regarding the import and export process is available on the application system of the Directorate General of Customs and Excise. Thus, all available electronic information can be printed and used as evidence in the Tax Court. In addition, the Tax Court adheres to the principle of free evidence, where the evidence can be in the form of letters or documents, expert statements, witness statements, confessions of the parties, and/or the knowledge of the judge.
Teknik Pembuktian Gratifikasi Seks dalam Tindak Pidana Korupsi Chandra Darusman S; Ilka Sandela; Basri Basri; Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7575

Abstract

Gratification as part of the criminal act of corruption has undergone changes in form and mode. Gratification is not only interpreted as giving gifts in the form of money, goods, prizes, or commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free medical treatment, and other facilities, but also sexual services to state administrators or civil servants. This research is normative legal research and aims to examine sexual services as part of gratification and techniques of proving sexual services as part of gratification. The results of the study show that sexual services can be classified as a form of gratification and the technique of proof is used to prove whether or not all of the elements of Article 12B of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes have been fulfilled or not by using a balanced reverse burden of proof system.
Pertanggungjawaban Pidana Pelaku Pencabulan terhadap Anak yang Dilakukan oleh Anak Ditinjau dari Undang-Undang Perlindungan Anak & Sistem Peradilan Pidana Anak Taufiq Ramadhan; Dewi Pika Lbn Batu
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7057

Abstract

Children are subjects that cannot be separated from the survival of humans, the nation and the state because children are the next generation of the nation. In line with the rapid development of the times and supported by several factors of juvenile delinquency, low intelligence, minimal education, bad association of children and the mass media (shows that tend to be unfavorable) are the causes of a crime. Crimes that are mostly committed by children, for example sexual abuse. This study aims to determine the process of criminal justice against children who are in conflict with the law and to find out about the criminal responsibility of perpetrators of sexual abuse of children committed by children. The nature of the research used is analytical descriptive with a normative juridical approach. The criminal justice process for children in conflict with the law is carried out by prioritizing the concept of restorative justice to protect juvenile offenders which is currently adopted in Law No. 11 of 2012 concerning the juvenile justice system through the diversion system. Criminal responsibility for children as subject actors must prioritize the principles of protection, justice, non-discrimination, the best interests of the child, respect for the child's opinion, continuity and development of the child, guidance and guidance for children, the principle of proportionality, deprivation of liberty and punishment for children is an effort final or ultimum remedium. Keywords: Criminal Liability, Children, Obscenity
Analisis Yuridis Tingginya Cerai Gugat Istri terhadap Suami pada Masa Pandemi Covid-19 (Studi Penelitian di Mahkamah Syar’iyah Lhoksukon) Eko Gani PG; Eka Chyntia
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7327

Abstract

The number of divorce cases that occurred during the Covid-19 pandemic is a concern. Divorce applications at the Lhoksukon Sharia Court are mostly from ordinary or middle class people who apply for divorce for various reasons. Article 38 Law no. 1 of 1974 regarding "marriage can be broken due to death, divorce and on a court decision. Dissolution of a marriage caused by death does not require special discussion because neither party is aggrieved either recognizing their responsibilities or rights. This study aims to find out and analyze the legal arrangements for divorce between a wife and her husband during the Covid-19 pandemic from the aspects of Civil Law, the Civil Code and to find out the purpose of a wife's divorce from her husband according to the Criminal Code. In this study, the researcher wanted to see what factors influenced the parties filing for divorce that occurred during the Covid-19 period at the Lhokseumawe Syar'iyah Court, how were the efforts made by judges to reduce divorce during the Covid-19 period at the Lhokseumawe Syar'iyah Court and the obstacles what is faced in solving the problem of divorce which has increased during the covid-19 pandemic.The type of research used to answer these problems is juridicalempirical legal research using an empirical approach. Data collection was carried out through interview studies and field research. Data analysis used is qualitative analysis. The results show that Divorce is increasing due to economic problems, infidelity and domestic violence, and families are facing problems leading to lawsuits for divorce. The high number of divorces during the Covid-19 pandemic can be overcome through preventive efforts, namely preventing unwanted things such as divorce from happening in the future. Hindering the resolution of high divorce cases is the strong desire of the parties to maintain the divorce and third party intervention to help couples feel more confident about their divorce.
Perlindungan Hukum Terhadap Korban Ekspolitasi Seksual Komersial Anak (ESKA) Dalam Ranah Pariwisata Saparudin Efendi; Prandy Arthayoga Louk Fanggi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7455

Abstract

This article raises the Indonesian government's efforts to reduce commercial sexual exploitation of children (CSEC) in the tourism industry. As a link in supporting the sustainable development agenda for the creation of a society that is earlier aware of sexual violence against children. CSEC will usually involve a lot of tourism actors, both foreign and domestic, who put children at a disadvantage physically and mentally. The purpose of this paper is to first look at the forms of CSEC in Indonesia and secondly, what strategic steps have been taken by Indonesia to prevent CSEC from occurring in the tourism sector. This research method includes normative research, which uses the doctrinal and theoretical principles in the science of law, regarding the legal materials used, which consist of primary legal materials, secondary legal materials, and tertiary legal materials. This method uses the norms that apply to the conceptual approach, namely referring to concepts, principles, and theories that are related to the issues discussed. as well as based on several programs that have been implemented by the government and are carried out with limited prevention by maximizing the role of the various parties who are responsible for preventing cases of CSEC. These steps are of course carried out in order to create a harmonious environment in the life of the nation and state, as well as to protect citizens from the threat of crime.
Hukum Responsif: Hukum sebagai Institusi Sosial Melayani Kebutuhan Sosial dalam Masa Transisi Sulaiman Sulaiman; Muhammad Nasir
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7570

Abstract

The purpose of this paper is to analyze more deeply responsive legal concepts developed by Nonet and Selznick, the differences between the types of responsive law to the type of autonomous laws and law as a social institutions that serve social needs in transition. The results obtained, responsive law types have prominent features, namely: a. The shift in emphasis from rules to principles and objectives; b. The importance of the character of populist either as a law purpose and how to achieve it. The main characteristics of an autonomous law types are: a. The emphasis on the rule of law as a major effort to oversee the formal and informal power. b. Free trial. c. Separation of law from politics. d. The Court can not guarantee but may seek the law is just. The law is a social institution, viewed more than a mere regulatory system and in transition meet social needs.
Efektivitas Penerapan Sanksi Pidana terhadap Pelanggaran Parkir di Badan Jalan (Suatu Penelitian di Dinas Perhubungan Kota Banda Aceh) Muhammad Al Kausar; Muhammad Iqbal; Wiratmadinata Wiratmadinata; Jummaidi Saputra; Anhar Nasution
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7025

Abstract

Article 106 paragraph (40 letter e of Law Number 22 of 2009 Concerning Road Traffic and Transportation explains that everyone driving a vehicle on a road must comply with the provisions for stopping and parking. Furthermore, Article 287 states that everyone driving a motorized vehicle on a road that violating the rules of order or prohibition stated by traffic signs as referred to in Article 106 paragraph (4) letter b shall be punished by imprisonment for a maximum of 2 (two) months or a fine of a maximum of Rp. 500,000.00 (Five hundred thousand rupiahs). The criminal act was seriously threatened, but in practice the application of the crime has not been carried out, in fact there are still many violations. The purpose of this study is to explain the legal basis for applying criminal sanctions for parking violations on the street, the factors that cause parking violations on the road and explain the efforts made in dealing with parking violations on the road. In writing this thesis the writer uses empirical juridical methods. The empirical juridical method is legal research regarding the enactment or provisions for the implementation of normative law in action on certain legal events that occur in society. Library research was conducted to obtain secondary data, while field research was conducted to obtain primary data through interviews with respondents and informants. The results of the study show that although the rules in the law on traffic and road transportation have been implemented, they are not yet effective, namely because there are still some people who are negligent with traffic signs and the limited availability of parking space in the city of Banda Aceh. Obstacles faced in applying these criminal sanctions are socialization that has not been maximized, the unavailability of sufficient parking lots and the low awareness of violators to comply with the rules. Factors causing parking violations on the road are habitual factors, infrastructure factors, vehicle volume factors, natural conditions factors. Efforts made to deal with violations of parking on the road are the provision of parking lots, outreach, warnings, enforcement, imposition of sanctions. It is suggested to the law enforcement officers of the Banda Aceh City Transportation Service to be able to provide strict sanctions, socialize traffic signs and control overall vehicle drivers, especially four-wheeled vehicles so that these rules are actually realized.

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