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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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KORUPSI POLITIK DAN PELANGGARAN HAK ASASI MANUSIA DI INDONESIA Lestari, Yeni Sri; Chadijah, Devi Intan; Sariyanti, Lilis
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.v8i1.9198

Abstract

The number of political elites who hold positions both in parliamentary institutions and regional heads and ministers has influenced the increase in the number of political corruption in Indonesia. However, until now there has been no regulation that is able to reduce the number of political corruption, both to corruptors and to improve the legal system. One of the impacts of the increasing political corruption in Indonesia is expanding human rights violations. The purpose of this study is to describe the impact of political corruption on human rights violations. This study uses descriptive qualitative research method through literature study. The results found that political corruption leads to misappropriation of the country's economy, a tyrannical system of government, the increasing practice of collusion between rulers and businessmen, the bluntness of laws and regulations and the death of the country's democracy.
ITSBAT NIKAH DALAM RANGKA MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP PERNIKAHAN SIRI Rahmah, Siti Rahmah; Kadir, M. Yakub Aiyub; Susanna, Eva; Astini, Dewi; Delima, Meutia; Kamisah, Kamisah
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.v8i1.9172

Abstract

Nikah siri dilihat dari hukum positif Indonesia tidak diakui secara sah karena pernikahan siri adalah pernikahan yang tidak terdaftar secara resmi di Kantor Urusa Agama (KUA) atau Pencatatan Sipil. Dalam hukum Islam pernikahan siri sah, nikah yang syarat dan rukun nikahnya telah terpenuhi yaitu,wali nikah, dua orang saksi yang adil, ijab dan kabul. Hukum adat jika proses adatnya telah dilaksanakan yang diketahui oleh ketua adat perkawinan sah tanpa dilakukan dihadapan pegawai pencatat nikah.Tujuan penelitian ini adalah untuk mengetahui bagaimana negara melindungi perempuan dan anak dalam pernikahan siri dan bagaimana prosedur pengajuan itsbat terhadap pernikahan siri. Penelitian yang digunakan adalah penelitian hukum normatif. Untuk mendapatkan perlindungan hukum bagi istri nikah siri dapat diterapkan dengan melakukan permohonan itsbat nikah ke Pengadilan Agama/Mahkamah Syar’iyah. Pernikahan siri karena berada dalam status perkawinan poligami tanpa izin istri sah, tidak dapat mengajukan itsbat nikah, kecuali mengajukan istbat nikah karena dalam rangka penyelesaian perceraian. Selain itu, pengajuan itsbat nikah juga tidak dapat dilakukan apabila salah satu pihak bukan beragama Islam.
Pengaruh Kevakuman Jabatan Majelis Pengawas Wilayah Notaris terhadap Efektivitas Pembinaan dan Pengawasan Notaris di Aceh Suhaimi, Suhaimi; MH, Nurdin; Tinianus, Enzus
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.v7i1.8096

Abstract

Article 72 of Law No.30 of 2004 concerning to the Position of a Notary, as amended by Law Number 2 of 2014 concerning to Amendments to Law No.30 of 2004 concerning to the position of a Notary (hereinafter referred to as the Law on Notary Position and abbreviated as UUJN), states that the duration of position for the Notary Regional Supervisory Council (MPWN) are 3 (three) years, but the duration of notary for the Aceh MPWN, which on 27 September 2020 has alredy turned 3 (three) years, turns out that until 19 May 2021 there has been no replacement for a new MPWN. As a result, there has been a vacuum in the Aceh MPWN for 7.2 months. So it would be interesting if a scientific study was carried out on the effect of the MPWN's vacuum on the effectiveness of the guidance and supervision of Notaries in Aceh. This type of research is included in empirical legal research. The primary data was obtained through field research, by conducting interviews with respondents and several informants. The results of the study revealed that when the Aceh MPWN was vacuumed, there were 2 (two) MPDN recommendations with 2 (two) Notaries indicating violations of the UUJN and/or the Notary Code of Ethics, namely the MPDN for Banda Aceh Municipality and Aceh Besar District. However, due to the vacuum of the Aceh MPWN and its members having been retired, the Aceh MPWN is not authorized to handle and follow up on the recommendations of the two MPDN. The legal consequence is that the guidance and supervision of Notaries is not carried out effectively.
PELAKSANAAN PERJANJIAN BAGI HASIL PERUMAHAN TITAN ARUM HOUSE ANTARA PEMILIK TANAH DENGAN PELAKSANA PEMBANGUNAN PT. RUBEK MEUPAYONG (Studi Penelitian di Kabupaten Aceh Barat Daya) Syahputra, Imam Zirham; Faisal, Faisal; Kurniasari, Tri Widya
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.v7i2.7931

Abstract

This study is intended to determine the implementation of the rights and obligations of the parties to the production-sharing contract and the obstacles and efforts to resolve defaults carried out by the executor of the Titan Arum House housing development. The problem of this study is the implementation of the rights and obligations of the parties in the profit-sharing agreement and obstacles as well as efforts to resolve defaults carried out by the executor of the housing development Titan Arum House. The study method is empirical juridical, with descriptive analysis, namely providing an overview and disclosure of the implementation of profit-sharing agreements for housing development in Southwest Aceh District. The agreement was caused by the agreement of the parties with the principle of freedom of contract. The agreement made by the parties is carried out by putting it in the form of a written agreement made before an authorized notary. The parties agreed to build 25 housing units on the land of the first party for 8 months. The second party carried out the construction for 11 months, so it was considered a default not in accordance with the specified time. The default was due to obstacles in the form of inaccuracy in analyzing time and Budget Details (RAB). The settlement efforts taken by both parties are by way of deliberation in order to obtain a mutually beneficial agreement. The two sides again made an addendum containing an additional three months of construction time.
TINDAK PIDANA PENEBANGAN POHON DI TANAH ULAYAT MASYARAKAT ADAT DALAM KAWASAN HUTAN KONSERVASI CAGAR ALAM MANINJAU (Studi Kasus Nomor: 129/ Pid.B/ LH/ 2017/ PN. LBB) Trisna, Nila; Husnaini, Husnaini; Yuana, Adella
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.v8i1.9042

Abstract

In Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, in this case, it does not pay attention to the rights of indigenous peoples who have obtained customary rights or rights to control forests for generations. In Nagari Koto Malintang, they have local wisdom that they have practiced for years, such as felling 2 trees for basic needs and not for commercial purposes through permission from local traditional leaders and the Wali Nagari Koto Malintang.This research is a normative juridical research using a case approach and a statute approach, in this research the analysis is carried out by criticizing, supporting, or commenting, then making a conclusion on the results of the study with their own thoughts. and literature review assistance.The application of material punishment in decision number 129/Pid. B/LH/2017/PN.LBB, According to the author, it is not appropriate and does not meet the elements charged by the public prosecutor, but in the judge's consideration of the aggravating circumstances, the panel of judges did not reflect a sense of justice towards the defendants and the values of local wisdom who have lived and run in the community for many years. The judge's consideration in this case also contradicts the theory of criminal responsibility in which the defendants can be given excuses for forgiveness and the ultimum theory remediates that punishment is the last step.Law Enforcement Officials should be wiser in eradicating the crime of logging trees on customary lands of customary law communities and must pay attention to the values that live in local communities such as local wisdom that they have practiced for years. 
Pertanggungjawaban Hukum Kepada Lender dari Konsep Bisnis Inventory Financing serta Penyelesaian Sengketa Riyantika, Annisa; Putra, David Aprizon
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.v8i1.8754

Abstract

The Inventory Financing business model is starting to develop in the peer-to-peer lending system in Indonesia. The development factor from peer-to-peer lending to Inventory Financing is the existence of collateral that is still controlled by the borrower (debtor). This research examines the legal responsibility of the lender in Inventory Financing, and dispute resolution when one party is negligent in performing its obligations. This article aims to find Inventory Financing arrangements that protect lenders and dispute resolution methods of Inventory Financing. This research uses a normative juridical method (desk research) using secondary data, namely laws and regulations and theories of contract law, development law, and legal protection. The findings in this study are that Inventory Financing is still not regulated, so it has the potential to cause disputes in its implementation. Another finding is that the method of resolving inventory financing disputes can be done through judicial and non-judicial institutions (Alternative Dispute Resolution Institutions). Alternative Dispute Resolution Institutions can be ideal because they can resolve problems quickly, easily, and cheaply.Keywords: Alternative Dispute Resolution Institution, Financial Services Authority, Peer to Peer Lending
Analisis Penerapan Tindak Pidana Persiapan dalam Undang-Undang No. 1 Tahun 2023 tentang Kitab Undang -Undang Hukum Pidana Adabi, Muhammad Ikhwan; Sani, Adam; Zulfikar, Muhammad Nahyan; Jhowanda, Rahmat
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.v7i1.8441

Abstract

Preparatory criminal acts are actions committed by a person or group of people to plan or prepare a certain criminal act. Even though the actual criminal act has not been committed, these preparatory actions can also be considered a criminal act if they involve elements regulated in criminal law. The problem in this research is what is the difference between preparatory action, trial and initial action of execution as well as analyzing criminal acts of preparatory action in the new Criminal Code. The type of research used is normative legal research, namely legal research carried out by reviewing library materials or secondary data. The results of the research can be concluded that the difference between initial implementation actions and preparatory actions is that preparatory actions are carried out before the start of implementation to prepare the action and not violate the law. Meanwhile, the start of implementation was carried out after preparatory measures and was contrary to the law. So after the enactment of the latest Criminal Code, preparatory acts are no longer seen as acts that are not against the law. Preparatory acts in the latest Criminal Code are considered a separate criminal act. Meanwhile, the urgency of implementing preparations in the latest Criminal Code is the prevention of criminal acts, community protection, prevention, justice, investigation and disclosure.
Upaya Penyelesaian Kredit Macet Dana Bergulir di Unit Pengelola Kegiatan (Upk) Kecamatan Jeumpa Kabupaten Aceh Barat Daya Mahfuzah, Mahfuzah; Trisna, Nila
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.v7i2.8406

Abstract

Savings and loans revolving fund PNPM Mandiri Rural in the UPK Jeumpa District, Aceh Barat Daya Regency has been running since 2009 until now, but in its implementation many loans are experiencing bottlenecks because the borrower group does not use the loan in accordance with the agreement letter.The purpose of this study was to determine the efforts to resolve bad loans and the obstacles in the settlement of non-performing loans in revolving funds at the UPK Jeumpa District, Southwest Aceh Regency. This research is an empirical juridical research using descriptive analysis method that describes efforts to resolve bad loans.The results of this study indicate that the settlement of bad debts is carried out by the following mechanism, arrears in the first month are given a verbal warning to the group leader, if the first method does not work then a warning letter will be given three times in a row and if the debtor still does not have good intentions To pay off the credit, the UPK will make efforts to save the credit, namely the confiscation of the collateral. Furthermore, a negotiated settlement is carried out for debtors who have good intentions, namely by providing credit relief by extending the loan period. As for the obstacles in resolving bad loans, there are debtors who have bad intentions who intentionally do not complete their credit payments, the spread of the Corona Virus which has an impact on the community's economy, business failures that result in debtors having difficulty completing their loans, and the UPK's lack of firmness in imposing sanctions on debtors. or groups of borrowers who are in arrears, so that the debtor ignores the sanctions.Suggestions for the Activity Management Unit (UPK), to be more thorough, careful and careful in choosing groups to be given loans, and to collect regularly, in an effort to settle bad loans, the UPK should be more strict with debtors who violate the agreement by providing heavier sanctions so that the debtor feels deterred. And for the Women's Savings and Loans group (SPP) it is expected that they fulfill the agreements that have been made and mutually agreed upon so as not to cause problems in the future.
PELAKSANAAN PUTUSAN HAKIM TERHADAP PEMENUHAN NAFKAH ANAK PASCA PERCERAIAN (STUDI PENELITIAN DI MAHKAMAH SYAR’IYAH BIREUEN) Khairani, Ridha; Aksa, Fauzah Nur; Afrizal, Teuku Yudi; maghfirah, fitri
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.v8i1.9160

Abstract

The judge's decision determines child custody after divorce. In some cases, the child's custody rights are given to the mother or father, and in implementation, there are parents who do not heed the results of the judge's decision, so that the plaintiff must carry out the execution by submitting the contents of the petition or withdrawing the point of claim such as the Syar'iyah Court Decision Number 594/ Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir. This research aims to find out and explain the analysis of the judge's decision regarding the fulfillment of child support based on the Syar'iyah Court Decision Number 594/Pdt.G/2021/MS.Bir and 97/Pdt.G/2023/MS.Bir and to find out the obstacles and the efforts taken in implementing the Shar'iyah Court Decision Number 594/Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir. This type of research is qualitative research with an Empirical Juridical approach, and the nature of the research is descriptive. Based on the results of the research, it is known that before determining the cost of child support rights, the judge first confirms the parties involved, then the judge will also analyze the ability of the party charged with child support due to divorce. There are no obstacles in implementing the Shar'iyah Court decision Number 594/Pdt.G/2021/MS.Bir and Decision Number 97/Pdt.G/2023/MS.Bir, and if the father does not fulfill his obligations as stated in the decision, then the father does not receive sanctions, because the court's obligations do not reach the stage of giving sanctions to the father, so the solution given is that the mother must apply for execution or submit a request for the contents of the decision. If this effort is also unsuccessful, then legal efforts can be taken that can protect children from irresponsible parental actions in Article 76 B and Article 77 B of Law Number 35 of 2014 concerning Child Protection.
UPAYA PENCEGAHAN KEKERASAN TERHADAP ANAK DALAM PRESPEKTIF HUKUM PIDANA DAN KRIMINOLOGI DI KOTA TANJUNGPINANG Widiyani, Heni; Ferilanda, Jelly Yanti; Arida, Maina; Eryanti, Niken Febri; Kamalia, Disya Putri
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.v8i1.9065

Abstract

Violence against children is currently becoming a hot phenomenon, so violence against children has an impact on various places such as families, schools, playgrounds, Islamic boarding schools, and orphanages. This study focuses on violence against children in Tanjungpinang City, This study formulates the reasons for the phenomenon of violence against children in Tanjungpinang City using qualitative and juridical normative methods. The researchers' data collection technique uses interview techniques. Based on the results of the study, the author found that the causes of violence in Tanjungpinang City children are economic factors, stress or experiencing pressure, and the effects of pornographic films that create and maintain violence against children. In the problem, it is seen in the perspective of criminology in efforts to prevent children in Tanjungpinang City based on the sociological research approach of law raised in law. The results of the study explained that in 2021 there were 76 children as victims, in 2022 there were 83 children as victims, and in 2023 there were 90 children as victims. So that in total from 2021 to 2023 there were 249 cases of violence against children recorded in UPTD PPA Tanjungpinang City and Simfoni PPA. Forms of violence against children in Tanjungpinang City range from physical, psychological, neglect, sexual, and trafficking.  It was recorded in the UPTD PPA Tanjungpinang City and the PPA Symphony, that the form of sexual violence was the most common form of violence from 2021 to 2023 in Tanjungpinang City. The fewest forms of violence from 2021 to 2023 were trafficking. Then the number of violence against children by age, the most are at the age of 13-18 years. Meanwhile, the highest number of violence against children based on education level was recorded in elementary schools from 2021 to 2022.

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