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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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Pembelaan Terpaksa Melampaui Batas (Noodweer Exces) dalam Perkara Pidana Putusan Nomor 34/PID.B/2020/PN MII Elmina A Herysta; Faisal Faisal; Toni Toni; Ibrohim Ibrohim
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.v7i1.7562

Abstract

This research examines Decision Number 34/Pid.B/2020/ PN MII in the case of loss of life of another person cannot be convicted because it is based on forced defense beyond the limit or noodweer exces. Noodweer exces is a defense when a person experiences an attack or threat of attack, the exceeding of the limits of a defense must be due to the influence of a great mental shock. The purpose of this study is to determine the applicability of noodweer exces in criminal case number 34/Pid.B/2020/ PN MII and to determine the criminal liability of the perpetrator in Decision Number 34/Pid.B/2020/ PN MII in terms of forced defense beyond the limit. The type of research used is normative juridical with a case approach method. The results showed that noodweer exces could not be applied because the shooting of the victim's head by the defendant Sumantri was not caused directly by severe mental shock. According to the Theory of necessary defense, the defense must be proportional to the nature of the attack. Because the element of necessity defense is not fulfilled and the defendant's actions fulfill the element of negligence, the defendant can be convicted as formulated in Article 359 of the Criminal Code.  
Pemaksimalan Penyidikan Tindak Pidana Keimigrasian oleh PPNS (Studi Kasus Pt. Atrinco Mulia Sejati) Ahmad Ady Majeng; M. Iman Santoso; Chairul Huda
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.v7i1.7315

Abstract

This study aims to find out the application of criminal investigations against corporations and the impact resulting from the implementation of immigration criminal investigations against corporations. The method used is normative-empirical and further deepened through the collection and processing of qualitative data. The results of this study indicate that PT. Atrinco Mulia Sejati was proven to have committed an immigration crime, namely he was unable to carry out his obligations as a guarantor and in decision No. 397/Pid.Sus/2017/PN.Jkt.Ut sentenced Risnawati as a representative of PT. Atrinco Mulia Sejati and no other crimes were imposed apart from the corporation. In addition, there is an impact arising from the decision. Every court decision issued regarding an immigration crime can have a deterrent effect on perpetrators of criminal acts and prevent or suppress the possibility of the same crime being committed again, either by the same or a different subject. However, if you look at the facts on the ground, there are still forms of immigration violations committed by foreigners and the guarantor who guarantees the foreigner while in Indonesia does not know who the guaranteed foreigner is.
Alih Pengetahuan Tenaga Kerja Asing (Tka) di Indonesia (Ditinjau dari Aspek Regulasi dan Kebijakannya) Muhammad Nahyan Zulfikar; Basri Basri; Jefrie Maulana; Muharrir Muharrir
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.v7i1.6958

Abstract

Arrangements for Foreign Workers are regulated in Law Number 13 of 2003 concerning Manpower which is basically intended for certain jobs or positions that cannot be occupied by local workers and to accelerate the human development index (HDI) needed to support and improve field competence for local Indonesian workers through Knowledge Transfer and Technology or which is often referred to as the transfer of knowledge and technology by means of transferring skills from foreign workers to local workers through their field education and training, in terms of accepting foreign workers in Indonesia, this cannot be separated from the General Agreement on Trade in Services (GATS)/ WTO as the rules of the WTO game that wants policies without discrimination in all aspects. This study uses the juridical-normative legal research method. As for the Juridical-Normative approach, it uses all the methods and techniques that are often used in legal research studies, namely through a statutory approach (statute approach, case approach) to see cases of the entry of Foreign Workers in Indonesian, a comparative approach to compare regulations between one country and another and the last approach, namely, a conceptual approach in the form of views that can be elaborated in solving the issues faced by foreign workers at this time. However, Indonesia must also be careful in observing WTO rules by looking at the GAST/WTO Provisions concerning the natural movement of persons. It also needs to be adopted in the policy of placing foreign workers by taking into account experience and its application in other countries in the interest of protecting Indonesian workers and not using services. foreign workers who do not have good work skills.
Eksistensi Adat Kenduri Laot pada Masyarakat Nelayan di Aceh Bagian Timur Suriyani, Meta; Anwar, Saiful
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7098

Abstract

The existence of kenduri laot in fishing communities in East Aceh Regency as an implementation of laot customs and customary law. Kenduri laot is a traditional ceremony with the concept of friendship based on Islamic law. Kenduri laot is held every year. Kenduri laot is a ceremony before the east or west season ends. However, the current implementation of the kenduri laot in East Aceh Regency is uncertain and has been neglected. So it is carried out every year or every three years or the time is uncertain. The Lhok Panglima Laot who is in charge of implementing, maintaining and supervising the implementation of Laot customs and customary law only provides customary sanctions of warning and advice regarding the laot kenduri to be implemented every year. The obstacle to implementing the kenduri laot is that the fishing community deliberately ignores and puts aside the kenduri laot. Efforts made are to hold deliberations between the District/Lhok Panglima Laot and the fishing community to discuss and preserve the local wisdom of implementing the kenduri laot every year. Then determine sanctions for those who violate the prohibition from going to sea for several days and/or confiscation of fishing catches
Kekuatan Hukum Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 tentang Petunjuk Bagi Hakim dalam Mengadili Perkara Permohonan Pencatatan Perkawinan Antar-Umat yang Berbeda Agama dan Kepercayaan Muharrir, Muharrir; Maulana, Jefrie; Zulfikar, Muhammad Nahyan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8462

Abstract

The issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023 concerning Instructions for Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of Different Religions and Beliefs has caused pros and cons reactions in society, in essence in this SEMA applications for registration of marriages between different religions cannot be granted by the Court, this is of course contrary to Supreme Court Decision Number 1400 K/Pdt/1986 which states that differences in the religion of prospective husband and wife are not prohibited in marriage, and also contradicts the content in the Elucidation of Article 35 letter a of Law Number 23, 2006 concerning Population Administration, where it is explained that the Court can determine marriages between people of different religions. This research aims to determine the position and legal strength of SEMA in the hierarchical system of statutory regulations. This research method uses normative juridical with a statutory approach. The research results show that the position of SEMA Number 2 of 2023 is under the law and its legal force cannot erase or revoke articles in the Population Administration law, even though SEMA Number 2 of 2023 contains the same material as Article 2 paragraph (1 ) and Article 8 letter f of Law Number 1 of 1974 concerning Marriage, but can only revoke legal products issued by the Supreme Court, so with the issuance of SEMA this automatically revokes Supreme Court Decision Number 1400 K/Pdt/1986. The binding legal power of SEMA is not directly legally binding, but contains legal relevance aimed at the Judicial body under the Supreme Court, thus closing the door for the Court to grant Applications for Registration of Interfaith marriage.
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
Implikasi Pandemi Covid-19 Terhadap Penanganan Tindak Pidana Korupsi Oleh Kejaksaan Munirah, Intan; Awaljon, M Gempa
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7748

Abstract

The crime of corruption is included in a special crime, regulated by a special law, namely Law Number 31 of 1999 as amended by Law Number 20 of 2001. However, based on data on the performance achievements of the Attorney General's Office of the Republic of Indonesia in December 2020, it is explained that the process of handling corruption crimes has not yet reached the performance target at each stage of handling corruption cases, besides that the level of public satisfaction with the performance of the Attorney General is ranked fourth. It is important to study the obstacles and barriers. Obstacles in the handling of corruption cases that occur at the investigation stage, the number of personnel is not balanced with the high workload so that additional professional personnel are needed. obstacles in the process of handling corruption crimes due to the Covid-19 pandemic outbreak which hindered the process so that it was not resolved on time.
Penyelesaian Sengketa Mawah di Lembaga Adat Aceh dalam Hukum Islam mardhatillah, Fitria; Maghfirah, Fitri; Thani, Shira
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.8313

Abstract

Mawah transactions in Aceh is agree orally without written evidence, potentially leading to prolonged disputes. The mawah agreement does not mention a time limit for the duration of the agreement with a certain period of time, causing the heirs of the mawah property manager to sue. If there is a dispute in Acehnese society (including mawah disputes) it will be resolved through peaceful means and/or customary courts before being handed over to the police. This research approach uses an empirical juridical approach that aims to examine aspects that must be considered in resolving mawah disputes and procedures for resolving mawah disputes in Aceh Customary Institutions based on Islamic law. The results showed that aspects of the agreement, legal aspects and judges need to be observed so that the settlement does not violate Islamic law. The dispute resolution procedure in the Acehnese customary court is in accordance with the settlement in Islam which is in the nature of the settlement in accordance with peace (aṣṣulh) and the form of implementation is in accordance with the judiciary (al-qaḍā) with an appeal at the Mukim level if Keuchik unable to complete. Furthermore, if the customary court has not been able to be resolved it will be resolved through the Religious court, for Aceh the Religious court is called the Shar'iyah Court.

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