Ius Civile: Refleksi Penegakan Hukum dan Keadilan
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.
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183 Documents
<![CDATA[Tinjauan Politik Hukum Hubungan Antara Partai Politik Lokal Dengan Konstituen Pemilih Berdasarkan Peraturan Pemerintah Nomor 2 Tahun 2007 tentang Partai Lokal Aceh ]]>
<![CDATA[Apri Rotin Djusfi]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 3, No 2 (2019): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v3i2.1544
<![CDATA[The existence of the Local Parties in Aceh was officially and legally recognized, in line with the signing of the MoU (Memorandum of Understanding) between the Government of the Republic of Indonesia and the Free Aceh Movement (GAM) which was then stipulated in Law No. 11 of 2006, which is one form of specificity possessed by Aceh Provision. Where technically regulated in implementing regulations Government Regulation No. 2 of 2007. According to the facts from several previous elections that the electability of the local party continues to decline, thus raising the problem formulation of how the relationship between local parties and the constituents from a political perspective law point of view. The results showed that basically the mechanism of relations between political parties and society was simple: political parties needed voters to vote in general elections. Therefore, political parties are forced to pay attention to the wishes of the voters before making decisions regarding party programs and policies. The advice given is that political parties must prioritize the interests of constituency voters in setting strategic party policies so as to increase the dominance of party votes. Keyword: Political Law, Local Political Parties, Constituency voters.]]>
<![CDATA[PENERAPAN UPAYA PAKSA DALAM EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA KEPADA PEJABAT TATA USAHA NEGARA ]]>
<![CDATA[PUTRI KEMALA SARI]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v1i1.454
<![CDATA[Act number 51 of 2009 concerning the second amandement to Act Number 5 Year 1986 concerning the State Administrative Court governing the implementation of Decision of State Administrative Court based on the awareness of State Business Officials/Officers with hierarchical stages of hierarchy as stipulated in Article 116 of Act Number 5 Year 1986, was not effective enough to fource the State Admnistrative Officers to carry out the Decision of the State Admnistrative Judge. This is evident form some decisions that are not implemented by the State Admnistratin Officer. Therefore, the amandement to Act Number 5 of 1986 concerning the State Administrative Court brought significant chages to this matter, namaely Article 116 paragraph (4) of Act Number 9 of 2004 and the second amandement of Act Number 51 Year 2009 states that “In the event that has obtained permanent legal force, the official concerned shall be subjected to a forced attempt in the form of payment of sum of forced and/or admnistrative sanctions. But in the curse of the implementation of the forced effort is also not fully implemented because it creates various obstacles. The purpose of this paper analyzes and examinis the implementation of forces efforts in the execution of state admnistrative court decisions to state admnistrative officials. The method used is normative juridical research specification used is descriptive analytical, that is trying to describe or describe the problems associated with the object of reasearch. The result of thi reasearch is the application of the forced effort is an additional punisment that is as “condemnatoir”. It is intended that this additional punishment may fultill the implementation of the forced effort that imposes the admnistrative officer of the state to pay a sum of money and is subject to admnistrative senctions not yet fully enforceable because there is no further regulation concerning the payment of the amount of money, the amount, who is entitled to determine payment and/or admnistrative sanctions and payment mechanisms. Suggestions form the result of this study are to recommend to the Supreme Court to make operational guidelines or Juknis about further rules on forced efforts. Recommend to the state admnistrative bodies/official in issung state administrative decisions should be more careful and follow all decisions issued by the Admnistrative Court so that the dignity of the Institute can be maintained.Keywords : state administrative courts, forced effort, dwangsom]]>
<![CDATA[ASPEK HUKUM PENCANTUMAN KLAUSULA EKSONORASI DALAM PERJANJIAN KREDIT PERBANKAN ]]>
<![CDATA[Nila Trisna]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v1i1.471
<![CDATA[Credit agreements commonly used by banking companies in Indonesia in lending are standard agreements or standard agreements whose clauses have been previously prepared by the bank with the intention of being used repeatedly with various parties and not open the possibility to be negotiated to the customer, and partly deliberately empty to be given the opportunity to negotiate with the customer, which is new in content after obtained agreement by both parties. Since such circumstances constitute a violation of the principle of responsible contracting freedom which results in an unbalanced bargaining power between the bank / creditor and the client / debtor, which then places the client in a weak position, the bank freely formulates clauses this exemption may harm the interests of the customer. In an agreement there is an important legal principle relating to the enactment of the contract is the principle of freedom of contract, meaning that parties are free to determine what contracts are already existing arrangements as well as that. Thus the customer has only the choice between accepting all contents or contract clauses or unwilling to accept the contract clauses either partly or wholly, for to amend the clause or content of the treaty completely absent or closed. This study uses the normative juridical method, which is the approach done by examining the legislation relevant to the problem under study or looking from the normative legal aspects. Technique of data collecting done by Research of Library (Library Research), that is by studying book and literature relevant with writing.Keyword :Exonoration Clauses, Agreements, Credits, Banking]]>
<![CDATA[TINJAUAN YURIDIS TERHADAP KEDUDUKAN FRANCHISEE DALAM PERJANJIAN FRANCHISE (WARALABA) ]]>
<![CDATA[Nila Trisna]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.547
<![CDATA[The developments taking place in today's society are very rapid, including developments in the field of business contracts. In the business world today there are various types of agreements whether or not they have been defined in legislation, whether they are made in writing or orally. The point in daily life in society can not be separated from the study, ranging from small-scale agreements to multi-complex agreements. Substantially, the Agreement in civil law in Indonesia is generally governed by the Civil Code, which is the most extensive and dynamic legal area. Especially in the open field of the Covenant Law, allowing parties to create new types of agreements that had not previously existed and were not regulated in the Civil Code itself. One type of agreement is the Franchise Agreement. In the franchise contract there are subjects and objects. The legal subject in the franchise agreement is the franchisor and franchisee; The franchisor is a licensing company, whether in the form of patents, trade marks, service marks or any other to the franchisee, while the franchisee is the company that receives the license from the franchisor. And the object of the franchise is the license, the permission given by the franchisor to the franchisee.Keywords: Position, Franchise Agreement, Franchisor]]>
<![CDATA[ASPEK HUKUM PENEGAKAN ADMINISTRASI ]]>
<![CDATA[Said Syahrul Rahmad]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.667
<![CDATA[Administrative law is a rule in the government that must be executed to achieve the goals of the State and kemakruran fair for the people. To achieve the aspired it, then the government should run a good administration to perform a variety of ways whether it is conducting surveillance, investigation and administrative sanctions. Law enforcement is necessary for all government administrative functions can be executed in accordance with applicable laws corridor. Administrative law can be run properly implemented in accordance with applicable laws corridor. Besides, it is also necessary supervision as a preventive measure to enforce compliance, while the application of a sanction repressive measures to enforce complianceKeywords : Enforcement Administration, sanctions]]>
<![CDATA[PENERAPAN PERATURAN MENTERI KELAUTAN DAN PERIKANAN NOMOR 12 TAHUN 2013 TENTANG PENGAWASAN PENGELOLAAN WILAYAH PESISIR DI KABUPATEN ACEH JAYA ]]>
<![CDATA[Nodi Marefanda]]>;
<![CDATA[Apri Rotin Djusfi]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i1.692
<![CDATA[Research on the application of marine and fisheries minister regulation (PERMEN-KP) number 12 of 2013 on supervision of coastal area management aims to find out how far the implementation of the regulation is implemented. The method used in this research is descriptive qualitative with data retrieval technique that is observation, interview and documentation. The results of the research indicate that the interpretation of the Department of Marine and Fisheries on marine and fisheries ministerial regulation number 12 of 2013 in Aceh Jaya Regency is already understand the regulation of the minister of marine and fisheries well and in Aceh Jaya Regency also has a special police (POLSUS) which duty to carry out supervision on PWP3K, while its implementation in Aceh Jaya Regency can not be implemented properly, it can be known from the number of personnel POLSUS which is still lacking, the area of assignment, the lack of transportation means to patrol/ patrolling, the process of action by POLSUS still have constraints that is the lack of understanding of the main tasks and functions that have been determined, but the flow of implementation of action has been appropriate/ follow the flow of the process, while the process of guidance against communities that do the violations also not running well, whereas in terms of extrapolation Dinas Marine and Fisheries to the regulation of the minister of maritime and fishery number 12 of 2013 looks able to understand if marine and fishery ministerial regulations can be implemented properly and correctly it will give positive value to the region, especially the Department of Marine and Fisheries Aceh Jaya DistrictKeywords: DKP Aceh Jaya District, PERMEN-KP Number 12 of 2013, Supervision.]]>
<![CDATA[MEMAHAMI KEBERADAAN DAN PERAN ASISTENSI DALAM PEMBANGUNAN DAERAH DI KABUPATEN ACEH BARAT ]]>
<![CDATA[Irsadi Aristora]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.971
<![CDATA[In regional development is an important part of achieving national development goals. In detail we can read in the provisions of Article 1 number 3 in Law Number 25 of 2004 concerning the National Development Planning System, stated that "The National Development Planning System is a unified procedure for development planning to produce development plans in the long term, long term medium, and yearly carried out by state and community administrators at the central and regional levels ". Therefore regional development must be planned appropriately, in accordance with the needs of development which are always changing dynamically. Considering that regional development must be able to accommodate two aspirations at once, namely the aspirations of government superiors and the aspirations of the local community. Law Number 23 of 2014 concerning renewed Regional Government with Law Number 9 of 2015. And Law Number 11 of 2006 concerning the Government of Aceh. The main objective of Regional Autonomy is to improve the service and welfare of the community, the better and the development of democratic life, justice and equitable development, therefore freedom of information and involvement of the community in each development process is one way to achieve the objectives of the Regional Autonomy. The establishment of the Aceh Barat TP2D assistance team based on the legality of the law in the West Aceh Regent's Regulation Number 37 of 2017 concerning Guidelines for the Acceleration of Regional Development, dated October 24, 2017, after 14 (fourteen) days of the West Aceh Regent elected Ramli MS. Strengthening and accelerating the development process of West Aceh, the West Aceh Regent issued a Decree of the West Aceh Regent Number 610 Year 2018 concerning the Establishment and Secretariat of the Acceleration of Aceh Barat District Regional Development Year 2018, on December 4, 2017. Keywords: local goverment, team assistance, regional development]]>
<![CDATA[PEMENUHAN KEWAJIBAN HUKUM DALAM PERDAGANGAN BARANG UNTUK MEWUJUDKAN DAYA SAING BANGSA ]]>
<![CDATA[Teuku Ahmad Yani]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v2i2.976
<![CDATA[The country of Indonesia is a large country, in addition to its vast territory, as well as its large population. Therefore Indonesia has become a large market share, so it has become the target of selling goods from other countries. This large market will also be a big capital for domestic products if domestic products can be competitive in their own countries, even if they are exported to other countries. To create competitiveness in its own country, businesses in Indonesia must be able to produce and trade goods in quality, using identities that are easily recognizable and can be trusted by consumers. Keywords: fulfillment of obligations, cunsemer, private law]]>
<![CDATA[KODIFIKASI HUKUM ISLAM SEBAGAI IUS CONSTITUENDUM TERHADAP LIVING LAW YANG HIDUP DI DALAM MASYARAKAT ]]>
<![CDATA[Eza Aulia]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 3, No 2 (2019): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v3i2.1439
<![CDATA[Indonesia applies a codification system to Islamic law, namely through compilation pathways, although there is a difference in understanding among legal experts regarding terms of compilation that are different from codification, but the most important thing to understand is that the provisions of Islamic law that apply in Indonesia require an urgency for equality of laws and for covering up the legal vacuum in society, so that codification is a solution to answer these problems (ius constituendum). However, it can be projected that the idea of coding is hampered by a variety of pluralities that exist in the community, especially living law that is unwritten law in force in society. the problem in this research is how is the codification of Islamic law as ius contituendum towards living law that lives in society. The result of this research is that it is also necessary to know that although pluralism within Indonesian society can be an obstacle, not a few cultures in Indonesia have actually applied traditional values originating from Islamic values, where Islam itself is the religion adopted by the majority of the population in Indonesia.Keywords : Islamic Law Codification, Living Law.]]>
<![CDATA[TINJAUAN YURIDIS INDIKASI GEOGRAFIS SEBAGAI HAK KEKAYAAN INTELEKTUAL NON-INDIVIDUAL (KOMUNAL) ]]>
<![CDATA[Dara Quthni Effida]]>
<![CDATA[ Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 3, No 2 (2019): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum, Universitas Teuku Umar ]]>
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DOI: 10.35308/jic.v3i2.1451
<![CDATA[Industrial Revolution Era 4.0. requires us to continue to innovate, this innovation is something that is expensive and must be protected. One step to protect innovation is the protection of Intellectual Property Rights (IPR). Geographical Indications as one form of Intellectual Property Rights that has economic value, so it needs to get legal protection. This research is a qualitative research using Normative Juridical Approach.Geographical Indication is a sign that shows the area of origin of goods and / or products which due to geographical environmental factors including natural factors, human factors, or a combination of the two factors, give a certain reputation, quality and characteristics to the goods and / or products produced. To get protection for geographical indications, you need to request protection from the Minister. The concept of protection against geographical indications is communal protection, therefore applicants for geographical indications can come from the elements of: (1) Institutions that represent the public in a particular geographical area that is commercializing an item and / or product in the form of: a. natural resources; b. handicraft items; or c. industrial output. (2) Provincial or district / city regional governments.Keywords: Legal Protection, Geographical Indications, Communal.]]>
