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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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URGENSI PENEGAKAN ASAS MONOGAMI DAN PENYETARAAN GENDER DALAM HUKUM PERKAWINAN INDONESIA Aulia, Farah Nizrina; Rato, Dominikus; Ali, Mohammad
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.10556

Abstract

The principle of monogamy as stated in the Indonesian Marriage Law is the principle adopted by the law, which states that in a marriage a husband may only have one wife and vice versa. However, the law also explains the permissibility of a husband practicing polygamy or having more than one wife by fulfilling the stipulated requirements. Often in practice, the right to polygamy is misused so that injustice or gender inequality arises. In addition, the Compilation of Islamic Law (KHI) is also the basis for regulating polygamy, which is regulated in Articles 55 to 59. Article 55 of the KHI firmly states that a man who practices polygamy will be limited to up to four wives by fulfilling the main requirement, namely that there must be fair treatment from the husband towards his wife and children. If the husband violates the main requirements, then he is not allowed to practice polygamy. The researcher uses a normative legal method in research or is generally called doctrinal legal research, this method is a method that emphasizes the investigation of the application of legal norms or positive rules that are enforced and associated with the enforcement of the principle of monogamy in Indonesian marriage law. In addition, this study uses a comparative technique between marriage law and a compilation of Islamic law related to the principle of monogamy that is enforced in marriage in Indonesia. Polygamy in marriage in Indonesia must be understood as an alternative path or a choice to do it or not in a truly emergency situation. Therefore, the principle of monogamy needs to be enforced, namely by a man being limited to having more than one wife except in urgent conditions.
IMPLEMENTASI HUKUM WISATA HALAL BERDASARKAN QANUN ACEH NO. 8 TAHUN 2013 TENTANG KEPARIWISATAAN (Studi Penelitian Gampong Ujong Blang Kecamatan Banda Sakti Kota Lhokseumawe) Yasir, Muhammad; Nasir, Muhamamad; Hamdani, Hamdani; Ath Thariq, Phoenna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.11578

Abstract

This study aims to determine how the implementation of halal tourism law based on Aceh Qanun Number 8 of 2013 concerning tourism in Ujong Blang Village, Banda Sakti Subdistrict, Lhokseumawe City, as well as what are the obstacles and solutions in implementing the qanun in Ujong Blang Village. Aceh Qanun No. 8/2013 on Tourism is a regulation established by the government of Aceh to regulate various aspects related to tourism development in Aceh Province. This Qanun aims to create a legal framework that supports the management and development of a sustainable tourism sector in accordance with the cultural values and norms of the people of Aceh. This research uses a qualitative method with an empirical juridical approach that is descriptive in nature. The research data is sourced from primary data, where data collection techniques are carried out through informants and obtained by interview, observation, and documentation. The results obtained from this study are the implementation of halal tourism law based on Aceh Qanun Number 8 of 2013 in Ujong Blang Village shows the strategic efforts of the departement of youth, sport, and tourism of Lhokseumawe City through coaching and socialization aimed at improving the understanding of the community and business actors about the concepts of halal tourism. Although there are adequate supporting facilities, obstacles such as lack of in-depth understanding of halal tourism, limited infrastructure in accordance with sharia standards, and lack of supervision are the main challenges. To overcome this problem, measures such as continuous education, training for business actors, strict law enforcement, cross-sector collaboration, and the preparation of strategic programs that support the effective implementation of halal tourism in Ujong Blang Village, Banda Sakti Subdistrict, Lhokseumawe City are needed.
TINJAUAN PENGISIAN JABATAN JAKSA AGUNG BERDASARKAN UU NO. 16 TAHUN 2004 DALAM MEWUJUDKAN INDEPEDENSI LEMBAGA KEJAKSAAN Murtadha, Muhammad Ali; Aulia, Eza; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.11584

Abstract

This study examines the normative regulation of Article 19 of Law Number 16 of 2004 concerning the appointment and dismissal of the Attorney General in Indonesia and its implications for prosecutorial independence. The research employs a normative juridical method using a statute approach, comparative approach, and conceptual approach. The findings indicate that the President's exclusive authority to appoint and dismiss the Attorney General without an adequate checks and balances mechanism poses a significant risk to the independence of the Attorney General’s Office. While the House of Representatives (DPR) has proposed legislative involvement in the appointment process, the final agreement between the government and DPR maintained full presidential authority. This raises concerns about potential political intervention and the dependency of the Attorney General on the executive branch. A comparative analysis reveals that other countries, such as the United States and Myanmar, implement stricter selection and dismissal mechanisms to ensure prosecutorial independence. In the United States, the Attorney General is appointed by the President with Senate approval and can be removed through an impeachment process. In Myanmar, the selection process involves independent oversight to maintain prosecutorial integrity. The study highlights the importance of implementing a stronger checks and balances system in Indonesia to prevent political influence and safeguard the professionalism of the Attorney General’s Office. Strengthening legal frameworks and ensuring institutional independence are crucial for maintaining the integrity of law enforcement. This study concludes that reforms in the Attorney General’s appointment mechanism are necessary to enhance the independence and credibility of the prosecutorial system in Indonesia.
Upaya Pemerintah Desa Mengurangi Angka Pernikahan Dini Melalui Pemberdayaan Organisasi Keagamaan IPNU-IPPNU Desa Jungsemi Kendal Nurfatoni, Muhamad; Anwar, Khoirul; Rofiq, Wulida Ainur
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10507

Abstract

The Jungsemi Village Government recognizes the high rate of early marriages as a serious issue that needs to be addressed immediately. To reduce early marriages, the village government collaborates with religious organizations such as IPNU-IPPNU in an effort to provide education to teenagers. This research discusses the factors causing underage marriages in Jungsemi Village, Kendal Regency, their impacts, and the efforts of the village government in collaboration with the religious organization IPNU/IPPNU to address the issue. This research uses a qualitative field method with a phenomenological approach, conducted in Jungsemi Village, Kangkung District, Kendal Regency, focusing on early marriage, through observation, interviews, documentation, and data analysis involving reduction, presentation, verification, and triangulation to ensure validity. The Jungsemi Village Government has implemented various strategic measures to reduce the rate of early marriage, including conducting socialization about the Marriage Law Number 16 of 2019 with support from organizations such as IPNU/IPPNU and PKK. Through this approach, the village government aims to raise public awareness, especially among teenagers, about the importance of adhering to legal regulations. In addition, policies that tighten marriage permits for minors and require marriage dispensations through the court have been implemented to prevent the negative impacts of early marriage on mental, physical, and economic well-being. Support from religious leaders and the community is also a key factor in creating a supportive social environment. With regular evaluations and ongoing commitment, these measures aim not only to reduce the rate of early marriages but also to enhance legal awareness and social welfare in Jungsemi Village.
PENGARUH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 60/PUU-XXII/2024 TERHADAP KEKHUSUSAN PARTAI POLITIK LOKAL ACEH DALAM PILKADA 2024 Munandar, Agung; Zulfikar, Muhammad Nahyan; Darusman, Chandra; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10345

Abstract

Law No. 11/2006 on the Governance of Aceh (UUPA) addresses only the nomination thresholds for local political parties. However, Qanun Aceh No. 12/2016 has standardized the nomination threshold for regional heads from national political parties to 15%, which conflicts with Indonesian Law No. 10/2016. The Constitutional Court Decision No. 60/PUU-XXII/2024, which reduced the threshold percentage, has resulted in a loss of specificity for local political parties in Aceh. This research aims to analyze the impact of the Constitutional Court Decision on local elections in Aceh, address the normative conflicts between local and higher regulations, elucidate the hierarchy of legislation, and propose solutions. The research employs a normative juridical method, using secondary data obtained from literature. Findings indicate that the regulation of national political parties should be governed by national laws and their derivative regulations to avoid normative conflicts, while the regulation of local political parties can be managed through regional regulations such as qanun. To resolve normative conflicts, preventive measures include harmonizing laws and regulations, while repressive measures involve either the annulment of qanun by the government or material testing by the Supreme Court and Constitutional Court concerning UUPA (Aceh Special Autonomy Law).
Diskursus Problematika Wanprestasi Terhadap Pembatalan Perjanjian Pengikatan Jual Beli (PPJB) Lahan di Bakauheni Kalianda (Studi Kasus Putusan Nomor 75/Pdt.G/2022/PN.Tgr) Eranda, Genta; Hartono, Rudi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.9844

Abstract

The cruciality of the implementation of the Land Sale and Purchase Agreement (PPJB) often raises the issue of default, so that in the midst of running the repayment payment must be canceled, and the creditor in this case must return the full amount of money plus moratoir interest jointly and severally as the contents of the agreement. As in Decision Number 75/Pdt.G/2022/PN.Tgr in which Hutama Karya (Persero) against Drs. Iskandar Zulkarnaen (PT Sanitarindo Tangsel Jaya), the defendant was declared negligent in not returning the payment of IDR 205,148,825,000, where the payment obligation by PT Sanitarindo Tangsel Jaya arose from PPJB Number: X/002/Perj./STJ/HK/X/2021 dated October 29, 2021 and Deed of Addendum I. This research uses a normative approach. This research method uses a normative approach that refers to the applicable laws and regulations accompanied by literature studies in the form of books, journals, and other literature that supports this research. Analysis of jurisprudence uses qualitative descriptive to describe legal phenomena to be later concluded from general statements to specific conclusions. The results showed that PT Sanitarindo Tangsel Jaya is obliged to return all the money to Hutama Karya (Persero) for the purchase of the land in the amount of Rp. 205,148,825,000. PT Sanitarindo Tangsel Jaya must pay off the payment no later than 6 (six) months from the date of signing the Agreement, but until the case is heard it does not carry out its obligations. Because it was not agreed by the litigants, the interest determined by law, which although set at 6% per year The consequences incurred are material losses from the remaining losses due to default, namely in the form of debt accommodation for the return of advances that have not been returned by the seller / defendant to the buyer / Hutama Karya (Persero) other costs, which can be in the form of accommodation of costs incurred during the management of the case concerned. Paying immaterial court costs can be in the form of psychological losses to Hutama Karya (Persero) or the buyer due to the defendant's default.Keywords: Decision, Default, Land, PPJB
KEPASTIAN HUKUM KETENTUAN WAJIB MUNDUR TENAGA PENDAMPING PROFESIONAL (TPP) SEBAGAI CALON ANGGOTA LEGISLATIF Munandar, Agung; Zulfikar, Muhammad Nahyan; Muharrir, Muharrir; Adabi, Muhammad Ikhwan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.11744

Abstract

A situation involving Professional Assistance Personnel (TPP) running for legislative office has emerged in Langkat District. Two legislative candidates from the National Awakening Party (PKB) are also registered Village TPPs. Concurrently, Komnas HAM received a complaint alleging that the Ministry of Villages (MoV) terminated the employment of 1,040 TPPs because they became legislative candidates. However, the TPP employment contracts reportedly lack clauses prohibiting political candidacy, raising legal questions regarding the employment status of TPPs. This study aims to determine the regulations concerning the resignation requirements for TPPs seeking legislative office, in accordance with applicable legislation. Employing a socio-legal approach, the research finds that TPPs are eligible to run as legislative candidates provided they meet the necessary requirements. Nevertheless, TPPs must resign from their positions because funding for TPP roles originates from the state budget. TPPs are considered Ministry personnel, and those committing serious violations, such as serving in political party management, face sanctions including dismissal.
PERAN SATUAN TUGAS PENANGANAN DAN PENCEGAHAN KEKERASAN SEKSUAL DI KAMPUS DALAM MENEKAN TERJADINYA PERKARA (STUDI KASUS DI UNIVERSITAS TEUKU UMAR) Aristora, Irsadi -
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10430

Abstract

Task Force (Satgas) is specifically a unit of people in a work team who are assigned to carry out task specifications based on the policies of the task force formers. Based on Permendikbud Number 30 of 2021 concerning Handling and Prevention of Sexual Violence (PPKS) in the scope of higher education requires universities to form a PPKS task force in handling cases of sexual violence that occur on campus as well as suppressing and preventing these cases from occurring or recurring by the same perpetrator. The work policies of each member of the PPKS task force team at Teuku Umar University (UTU) with a humanist and sensitive approach are considered capable of suppressing the rate of occurrence of sexual violence cases within the UTU campus from its establishment until now.  By using the normative juridical method, the research method in this case combines elements of normative law which are then supported by additional data. The work pattern of the UTU PPKS task force has attracted the attention of the campus community because it is able to close the value of sensitivity and has the power to suppress the occurrence of cases and the recurrence of cases of sexual violence on the Teuku Umar University campus. Since 2022 until now, it has resolved 4 cases by means of a humanist work pattern and maintaining personal rights that are guarded as mandated in Law No. 14 of 2014 concerning Public Information Disclosure. A consistent and responsible teamwork pattern is one of the work patterns built together so that it can have a deterrent effect on campus residents to commit the same sexual violence. Governance and roles are carried out in accordance with the tasks set out in the Decree on the formation of the UTU PPKS Task Force in detail the duties and functions of each role.
PELIMPAHAN PORSI CALON HAJI YANG TELAH WAFAT KEPADA SALAH SATU AHLI WARIS MENURUT PERSPEKTIF HUKUM WARIS ISLAM moulia, nouvan; Muharrir, Muharrir; Fazzan, Fazzan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10483

Abstract

The performance of the Hajj pilgrimage is one of the pillars of Islam that must be fulfilled by Muslims who possess the ability (istita'ah). Due to the overwhelming number of applicants and the restrictions on the number of pilgrims allowed to depart each year imposed by the Saudi Arabian government, the Ministry of Religious Affairs of the Republic of Indonesia has limited the departure of prospective Hajj pilgrims through a quota system and the allocation of waiting numbers known as "nomor porsi" (quota numbers). This quota and waiting list system has resulted in a waiting period for prospective Hajj pilgrims in Indonesia reaching up to 46 (forty-six) years from the time of registration. One consequence of this situation is that some prospective Hajj pilgrims who have registered and received their quota numbers may pass away before their departure. To address this issue, the Director General of Hajj and Umrah Implementation has issued Decree Number 130 of 2020, which allows for the transfer of quota numbers to one of the heirs of a deceased prospective Hajj pilgrim who did not have the opportunity to perform the pilgrimage. The transfer of the Hajj quota to one of the heirs has sparked debate in society regarding its status: whether the quota is part of the inheritance that must be divided among the heirs or whether it is not considered part of the inheritance. The research method employed is normative juridical with a conceptual approach. The findings of the study indicate that the Hajj quota of a deceased prospective pilgrim is part of their rights that fall into the category of inheritance. When such a right falls into this category, it can become an inheritance that must be divided among heirs who meet the requirements.
Analisis Keadilan Substantif Dalam Putusan Pengadilan Mengenai Kasus Penipuan Melalui Media Sosial jeshlyn, jeshlyn; Fitri, Winda; Tantimin, Tantimin
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.10778

Abstract

This article examines the application of substantive justice in court decisions related to social media fraud, focusing on Court Decision Number 63/Pid.Sus/2022/PN Btm. The rapid expansion of digital platforms, such as WhatsApp and Facebook, has led to a substantial rise in technology-based fraud cases, presenting significant new challenges for consumer protection in the digital era. In Indonesia, social media fraud falls under the Consumer Protection Law (UUPK) and the Electronic Information and Transactions Law (UU ITE), which provide general legal grounds but lack specific provisions to address the complexities of fraud on social media platforms. As a result, legal gaps arise, requiring judges to interpret laws in cases where existing regulations are limited or ambiguous. Using a normative juridical approach and case study analysis, this research highlights that applying substantive justice necessitates judicial consideration of both legal aspects and the social and emotional harm experienced by victims. The court ruling analyzed emphasizes the need for sentences that serve not only a punitive purpose but also educational and preventive functions, reinforcing public trust in digital transactions and deterring similar crimes in the future. This study underscores the importance of judicial discretion in interpreting laws to adapt to the unique challenges of social media fraud cases, including the wide-reaching impacts on victims’ lives and society. The findings point to an urgent need for updated regulatory frameworks, stronger enforcement mechanisms, and greater public awareness to protect consumers more effectively within the digital landscape, ensuring that legal protections evolve alongside rapidly advancing technology in society.

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