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Ius Civile: Refleksi Penegakan Hukum dan Keadilan

jcivile
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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 177 Documents

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DISPARITAS DAN TANTANGAN PENINGKATAN MUTU PENDIDIKAN DI ACEH DITINJAU DARI QANUN ACEH NOMOR 9 TAHUN 2015 Cut Asmaul Husna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 3, No 1 (2019): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Global competitiveness index at the World Economic Forum 2017-2018, Indonesia ranks 36th, up five ranks from the previous year 41st position out of 137 countries. When compared to Malaysia, Singapore and Thailand, we are still below. In regulating all these aspects the Aceh Government has established the Aceh Qanun Number 11 of 2014 concerning the Implementation of Education and the Aceh Qanun Number 9 of 2015 Amendment to the Aceh Qanun Number 11 of 2014 concerning the administration of Education. However, there are still many things that happen in the reality of education in Aceh that causes the quality of education in Aceh is still low. The problem discussed in this journal is how does the Government of Aceh make efforts to improve the quality of education in Aceh? This research is a qualitative research with a descriptive approach. This research seeks to understand and describe the efforts made by the Government of Aceh to improve the quality of education in Aceh. The results of the study show that Aceh already has policies and a strong legal foundation in the delivery of education, it's just that synergy between parties must be built so that what has become guidelines, foundations and rules can be implemented to reduce disparity and make opportunities to face challenges so influence the advancement of education which in turn can contribute to the level of welfare of the people of Aceh. The various challenges that exist with Aceh's potential must be used as opportunities in developing good future education plans in improving the quality of education in Aceh and global competitiveness.Keywords: Disparity, Challenges for Improvement, Aceh's Quality of Education

KAJIAN NORMATIF PERLINDUNGAN DAN HAK ANAK DALAM KONVENSI INTERNASIONAL Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

The purpose of this study is to determine the protection and rights of children in the international convention on the rights of children. The research method is through normative juridical study that is study in the form of legislation, legal principle, norm, etc. that is describe and analyze data about protection and rights of child in International convention about child rights. To the right of the child To the Convention on the Rights of the Child states that the States Parties to the Convention shall ensure that no child may be subjected to torture, or any other cruel, inhuman or humiliating punishment, shall not be deprived of his or her liberty unlawfully or arbitrarily, arbitrary. Every child deprived of his liberty must be treated humanely and respect the inherent dignity of the human person, and in a way and remember the needs of the person at his age. The rights of children in CRC are grouped into 4 (four) categories, namely the right to survival, protection rights, rights rights to grow (development rights and participation rights), namely the rights of children in The Convention on the Rights of the Child which includes the right of the child to express opinions in all matters affecting the child (the rights of a child to express his / her views in all metter affecting that child).Keywords: Protection, Child Rights, International Convention

SYARAT PERSETUJUAN POLITIK MPR DALAM PROSES PEMAKZULAN KEPALA PEMERINTAHAN PADA SISTEM PEMERINTAHAN PRESIDENSIL INDONESIA DALAM TINJAUAN PRINSIP SUPREMASI HUKUM Eza Aulia
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

impeachment is an extraordinary effort contained in the presidential government system with respect to the process of impeating the head of government from the power it possesses. Indonesia as a country that adopts a presidential government system governs the issue of impeachment of heads of government based on the constitution of the state of the UUD 1945 in Article 7A, which regulates the acts and an incompetence which, when done or happened to the head of government can lead to a means to drop the head government from his power. The impeachment mechanism is regulated in Article 7B of the UUD 1945 which requires a political decision in the MPR with the consent of 2/3 of the number of MPR members present at the plenary session after obtaining a legal decision from the MK. The problem of this research is whether the MPR's political decisions are a requirement in the impeachment mechanism of the head of government in the presidential system of Indonesia in accordance with the principle of rule of law. The result of this research is that the requirement of MPR's political approval in Article 7B of the UUD 1945 is contradictory to the principle of rule of law adopted by Indonesia and can potentially annul the Constitutional Court decision which is final and binding, and can be a gap in maintaining the power of the head of government if the head of government has a majority vote in the MPR. It is recommended to immediately amend the UUD 1945 by removing the terms of political approval of the MPR contained in Article 7B paragraph (7) of the UUD 1945 Indonesia and giving the final decision to the Constitutional Court as the key in the process of impeachment of the head of government.Keywords : Impeachment, Presidential system Indonesia.

TINJAUAN YURIDIS KETENTUAN PASAL 13 AYAT (2) PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 42 TAHUN 2013 TENTANG SYARAT DAN TATA CARA PEMBERIAN BANTUAN HUKUM DAN PENYALURAN DANA BANTUAN HUKUM Apri Rotin; Sudarman Sudarman
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Legal assistance is legal services provided by legal aid providers free of charge to legal aid recipients. The recipient of legal aid is the person or group of the poor. While the legal aid providers are legal aid agencies or community organizations that provide legal aid services based on Law Number 16 Year 2011. This legal research focuses more on lecturers and law faculty students as legal aid providers. With the existence of Law No. 16 of 2011 on Legal Aid can open opportunities for students to train lawyers in the Court. This research used normative legal research method, the type of research used is normative juridical, the approach taken is the statutory approach (statute approach) Legal Aid Act exactly explains and expands the parties that can provide legal aid Not only advocates which can provide legal assistance but also paralegals, faculty and law faculty students, the provision of legal aid by lecturers and students of law faculties is an action that must be realized because it is the implementation of the third function of Tri Dharma Perguruan Tinggi, that is the dedication to the society In handling the legal matter communities, paralegals, faculty, and law faculty students are subject to the same procedural law. Keywords:legal aid providers

TINJAUAN YURIDIS MENGENAI PENERAPAN HAK MENDAHULU (PREFEREN) DALAM PENAGIHAN UTANG PAJAK PADA KASUS KEPAILITAN (Studi Kasus Putusan Mahkamah Agung Nomor 168 PK/Pdt.Sus/2012) Putri Kemala Sari
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Taxes are a compulsory contribution to a country that is indebted by an individual or a coercive body under the Act with no direct remuneration and used for the purposes of the state for the greatest possible prosperity of the people. The provision indicates that the position of the state or in other words referred to as the fiscal gets a very special place to regulate all arrangements concerning taxation and this is also marked by the nature of the inherent force to the taxpayer to pay off the tax debt. As regulated in Law Number 16 Year 2009 (hereinafter referred to as UU KUP), Article 21 paragraph (1) which reads "The State has the prior right to tax debt on goods belonging to the tax penanggungan". The purpose of this study is to examine how the introduction of the provision of State Owned Rights to tax debt by taxpayers. The method used is normative juridical approach method with descriptive analytical research specification. The result of the research shows that based on the analysis done by the writer on the Decision of Supreme Court Number 168 PK / Pdt.Sus / 2012 in the case of bankruptcy, asserted that not necessarily the provision of Article 21 paragraph (1) UU KUP gives space as big as to the state as the body having a privileged position to receive tax deductible by the taxpayer.Keywords: Preferen, Tax, Tax Debt, Tax Colection

ANALISIS MENGENAI BENTUK-BENTUK PENERAPAN KAIDAH HUKUM TERTULIS DAN TIDAK TERTULIS TERKAIT PERTAMBANGANEMAS RAKYAT DI GUNONG UJEUN KABUPATEN ACEH JAYA Aminah Aminah
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

This study aims to analyze the forms of application of the rules of mining law written and the rules of mining law is not written related gold mining people in Aceh Jaya district. The research method used in this research is empirical law research method. The data in this research was obtained through literature (library research) and field research. The research literature is done by reading textbooks, legislation, and other reading materials related to this research. While the field research conducted by interviewing informants. The results showed that the process of gold mining of people in Gunong Ujeun Aceh Jaya District has occurred since 2006. There are various laws that have been established for the governance of gold mining in Gunong Ujeun people among which the rules of mining law written and the rules of mining law is not written. The rules of mining law include: (1) Aceh Jaya Regent's Decree Number 21 of 2011 on the Arrangement of People's Mining (2) Designing Qanun Related Mining by the Acehnese House of Representatives (DPRK) Aceh Jaya (3) Appeal from the Aceh Regency Government Jaya (4) Rules (Qanun) Gampong (Village). While the rules of mining law are not written consisting of (1) Women should not participate Mine (2) Thursday afternoon until Friday afternoon should not be active in gunong ujeun area (3) Giving alms for the construction of mosques every bring down the golden stone (4) Perform peusijuek process (flour) in the event of an accident or Conflict (5) Mutual help with one another.Keywords: Law, Mining and Mining People.

REGULASI DAN KONSEKWENSI HUKUM TERHADAP WALI DALAM PENGELOLAAN HARTA ANAK DI BAWAH UMUR A Hamid
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

The purpose of this study is to determine how the low regulation to quardianship in managing the child's legacy under his guardianship, how's the law consequence against the guardianship of children underage who are not based on a court decision. The impact of this problems is also there needs to a special handling and sustainable on the rights of children that have been orphan because of loss father and mother, cause of they are still underage, so it is needed the management system of their parents legacy (if there is). This research using Library Research and Field Research namely, to seek secondary data by studying the variety of literature in the form of books, legislation, papers, articles, journals and another documents relating to this research. Also using the method of approach to the problem by looking at the norms / provisions of applicable law , then are connected with the facts that there from the problems will be researched.The results of of research found that, After tsunami disaster in Aceh, majority of the guardianship system that occurred in every village at Peukan Bada subdistrict were not the result of formal appointment based on the decision of Syar'iyah Court, but based on mutual agreement within the family or community with didn't regard to the orphans did them have a treasure or did not, anything like this are customary provisions that apply in the society. Keywords: Law, Treasure, Underage child, guardianship.

STUDI KOMPARATIF MENGENAI ALAT BUKTI SURAT DALAM HUKUM ACARA PERDATA INDONESIA DENGAN HUKUM ACARA PERDATA ISLAM Muhammad Iqbal Tarigan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

The mix can be seen in the civil procedure law in Indonesia. Civil procedure law applicable in the District Court also applies to the Religious Courts. That is, the two judiciary institutions both refer to colonial law. The mixing of the civil procedure law clearly shows that both the district court and the religious court both recognize the letter of evidence as a tool that has perfect verification power. Where as if it is seen in Islamic civil procedural law then it is not a letter that has perfect power but an acknowledgment or pledge Keywords: Letter Evidence, Indonesian civil procedural law and Islamic civil procedure law

PENERAPAN HUKUM QANUN ACEH NOMOR 6 TAHUN 2014 TENTANG HUKUM JINAYAT TERKAIT TINDAK PIDANA (JARIMAH) KHALWAT Muhammad Yunus Bidin
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 3, No 1 (2019): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Law Number 44 of 1999 concerning the Privileges of Aceh is a juridical basis for the implementation of the Islamic Sharia in a comprehensive, besides organizing customary life, organizing education and the role of ulama in the determination of regional policies. In connection with this the Aceh Government has issued several derivative legal products in the form of qanun as implementing technical regulations, namely: First, Aceh qanun Number 11 of 2003 concerning the Implementation of Islamic Sharia in the Field of Aqeedah, Worship, and Islamic Sharia; Second, Aceh qanun Number 12 of 2003 concerning Khamar; Third, Aceh qanun Number 13 of 2003 concerning Maysir or Gambling; Fourth, Aceh Qanun Number 14 of 2014 concerning Seclusion as amended in Aceh Qanun Number 6 of 2014 concerning criminal Law. This is an unusual breakthrough in the conception of positive law, which then has implications for its application to achieve expectations in the future, as a prosperous and Islamic society.Keywords: Aceh, Qanun, Law.

KAJIAN YURIDIS TENTANG KEDUDUKAN MoU HELSINKI DAN KEKHUSUSAN DALAM UNDANG-UNDANG PEMERINTAHAN ACEH Phoenna Ath Thariq
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 3, No 2 (2019): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Memorandum of Understanding (MoU) Helsinki is an agreement that ends the conflict between GAM and the Government of the Republic of Indonesia. This MoU became a joint commitment between two parties which later gave legalization to Law Number 11 of 2006 concerning the Government of Aceh. This study uses a normative juridical method to see how the position of the MoU Helsinki in the Law on the Government of Aceh. With the normative juridical method, the author sees how the binding power of the MoU Helsinki and how the exclusivity possessed by the Law on the Governing of Aceh. From the results of the study it was found that the MoU Helsinki does not have juridical binding power, and there are some Aceh exclusivities that are obtained through the Law on the Government of Aceh in which these exclusivities are not shared by other regions in Indonesia. Keywords: MoU Helsinki, the law of Government of Aceh, Exclusivity

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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