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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 183 Documents
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TINJAUAN POLITIK HUKUM TERHADAP PEMBATASAN PERIODESASI JABATAN KEPALA DAERAH TINGKAT II DI ACEH Eza Aulia
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1932

Abstract

The system of limiting periodicals for second level regional heads of office in Aceh province contains norms that limit a maximum of two terms. Therefore a legal political review is needed by aligning existing regulations with the development of state administration. The purpose of this research is to analyze in the perspective of legal politics related to the limitation of the term of office and to determine the das sollen that is in line with current legal developments. The result of the research is that the norm which limits the two terms of office was born due to the consequences of the old order government where previously the term of office was not limited. The option of limiting the term of office of the second-level regional head currently being implemented is inappropriate because the limitation does not accommodate constituent and territorial binding elements.Keywords: limitation, periods, regional head position, Aceh
PERTANGGUNGJAWABAN PIDANA KORPORASI MENGEDARKAN MAKANAN OLAHAN TANPA IZIN EDAR Kartina Pakpahan; Leviyanti Leviyanti; Heni Widiyaani; Ferris Chandra
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1927

Abstract

The role of the state is important in realizing the availability regulation for the fulfillment of safe, quality, nutritious food. This study aims to find out the positive law regarding criminal liability to perpetrators who circulate food without permission and crime prevention efforts. Using library research, normative juridical methods, analyzing qualitative approach data. Packaged, circulated food must have a marketing authorization. Corporations may be liable to include organs from corporations if they have errors as regulated in Article 91. The act of distributing certain processed domestic and foreign processed food products that are marketed in secure packaging without permission with a criminal fine is regulated in Article 142 of the Food Law. Mitigation efforts are carried out through both penal and non-penal policies. Keywords: criminal liability, corporation, food without permission
PEMENUHAN HAK ATAS INFORMASI PUBLIK DAN PERUBAHAN SOSIAL (STUDI TERHADAP PELAKSANAAN UNDANG-UNDANG NOMOR 14 TAHUN 2008 TENTANG KETERBUKAAN INFORMASI PUBLIK) Afrizal Tjoetra; Phoenna Ath Thariq; Arfriani Maifizar
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1992

Abstract

The fulfillment of the right to public information has not taken place after 10 years of the implementation of Law Number 14 of 2008 concerning Public Information Openness (UU KIP). The research objective is to determine the obstacles and challenges of public agencies in carrying out their obligations and to find out social changes that apply after the implementation of the Public Information Openness Law. This research is qualitative research with a descriptive approach. Data collection relies on various literature related to research topics. The results of the study describe public agencies that have not carried out their obligations due to 4 (four) things, namely the unavailability of data in public agencies, not optimal information management and documentation officials in providing information services, the reluctance of public agencies to be open to the general public and the application of sanctions as a complaint offense. However, the implementation of the Public Information Openness Law has encouraged a social change in society through changes in behavior in public agencies and community.Keywords: Public Information, Public Agency, and Social Change.
TINJAUAN YURIDIS KEWENANGAN PENGELOLAAN DAN PENGEMBANGAN PELABUHAN PENYEBERANGAN BALOHAN SABANG Rachmatika Lestari; Apri Rotin Djusfi; Phoenna Ath Thariq
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1928

Abstract

In the context of developing the Sabang Free Trade Zone and Free Port, it is necessary to revitalize the development of the Balohan Crossing Port of Sabang City. However, based on Article 11 PP Number 69 of 2001 concerning Ports, it is stated that the management of national, international ports and hub ports is left to BUMN, in this case PT. Indonesian Port (Pelindo). Whereas on the other hand, Law No. 32 of 2004 and Law No. 34 of 1999 indicates the transfer of authority from the central government to regional governments, including in terms of port management. The same is true in the context of Aceh's autonomy, based on Law No. 11 of 2006 concerning the Government of Aceh states that there is a surrender of wider authority to the regions to manage their own household affairs. The problem in this research is how is the authority to operate a port based on positive law in Indonesia? What is the authority for managing regional feeder ports in the context of Aceh's special autonomy? And what are the procedures for the utilization and management of the Balohan crossing port? The method used in this study is a nominative juridical research method. The results of the study showed that the authority to operate the port was technically regulated in Government Regulation No. 61 of 2009 concerning Ports. In the context of Aceh's special autonomy, Law No. 11 of 2006 concerning Aceh Government and PP No. 23 of 2015 concerning National Government Authority in Aceh in the context of Aceh's special autonomy, wasn’t mentioned in detail regarding port management according to the type of hierarchy, but only mentioned regarding port management (in general) managed by BUMN in which the management is managed with the Aceh Government and / or Regency / City Government. Even though the Act and PP aren’t mentioned in detail, the procedures for the utilization and management of the Balohan crossing port can be seen in the Minister of Transportation Decree Number KP. 432 of 2017 concerning the Establishment of a National Port Master Plan. The Ministry of Transportation stated that the Port of Balohan Sabang occupied the PL (Local Feed Port) hierarchy. This means that the Regency / City Government in Prov. Aceh has the authority to manage the Balohan Port in Sabang legally justified and allowed by law.Keywords: authority, management and development, balohan port
IMPLEMENTASI UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK (Studi Kasus Penanganan Anak Korban Tindak Kekerasan di Kabupaten Nagan Raya) Nila Trisna; Ida Zulbaidah
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.2000

Abstract

In Law Number 35 Year 2014 concerning Child Protection Article 1 Paragraph (1) explains that a child is someone who is not yet 18 (eighteen) years old. Forms of violence against children are classified into physical, psychological, sexual and social violence. The violence can occur due to several factors including family vulnerability, economic factors, educational factors, socio-cultural factors, and environmental factors. The number of cases of violence against children requires comprehensive treatment. Handling given not only to victims but also to perpetrators, this study uses normative juridical methods and Empirical Juridical This study uses normative legal research methods, therefore the study is prescriptive The approach used in this study, namely the legislative approach state approach, and conceptual approach, the research material is analyzed with a qualitative approach, with the aim to understand the meaning of the legal material that has been collected, which is then interpreted normatively, logically and systematically using inductive methods. Keywords: Implementation, Children, Violence
TANGGUNG JAWAB RUMAH PENYIMPANAN BENDA SITAAN NEGARA DALAM PENGELOLAAN BENDA SITAAN DAN BARANG RAMPASAN HASIL TINDAK PIDANA Rachmatika Lestari; Nila Trisna; Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2695

Abstract

Article 44 of the KuHP states that: "Confiscated objects are stored in state confiscation houses. In Article 1 number 3 of Government Regulation No. 27 of 1983 on the Implementation of Criminal Events Act also mentions that the State Confiscation House is hereby called RUPBASAN is the place of objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is where objects confiscated by the State for the purposes of judicial proceedings. RUPBASAN is established in every capital city or city district, and if necessary can be established RUPBASAN Branch. However, in practice not all district capitals or cities have RUPBASAN to manage confiscated objects and loot proceeds from crimes, so the management of the proceeds of crime is under direct management by the law enforcement agencies that handle such crimes. Based on the background as described above, the formulation of the problems in this study is: what are the arrangements regarding the management of Confiscated Objects in the RUPBASAN? And how is the management of Confiscated Goods and Proceeds of Looting Crimes in Indonesia? This research is a normative juridical study, namely research conducted by examining library materials or secondary data. The results showed the amount of assets or items seized from the defendant in criminal cases by law enforcement officers that were still not properly managed, meaning they had been confiscated or taken from the defendant, but were not properly managed. So far there has been an institution called RUPBASAN, as stipulated in Law No. 8 of 1981 on KUHAP, PP No. 27/1983 on The Implementation of KUHAP, and Regulation of the Minister of Justice Number: M.05.UM.01.06 of 1983 on the Management of Confiscated Goods and State Booty in the State Confiscation House, but not utilized properly. Confiscated items are all stored in the police station or prosecutor's office, whereas if stored and left unmanaged properly then there will be a decrease in value. Keywords: responsibilities of the RUPBASAN, confiscation objects, proceeds of crime
RESTITUSI BAGI ANAK KORBAN PENYALAHGUNAAN NARKOTIKA Ika Dewi Sartika Saimima; Fransiska Novita Eleanora
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 2 (2020): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i2.2374

Abstract

ABSTRACT Children are trustworthy and entrusted by God Almighty, so they need to be given protection, and guarded and cared for to maturity, guarded and cared for in the sense of being given protection against themselves both protection from their parents, or others who are obliged to look after it or also from society, so as not to become a victim of the abuse of the narcotics. Narcotics itself is defined as a substance or drug that comes from plants or not from plants, whether it is also synthesis or not that harms anyone and if consumed in excessive amounts can cause death. If the child as a victim of abuse of narcotics resulting from mistreatment by ordering or forcing the child to consume it, is a violation of the child's rights, which will have an impact that the child is increasingly addicted to get these items, as well as efforts to escape from depression and stress, but with inviting children or involving or also telling children to consume them is unlawful, and includes damaging their lives. Protection of children is not only limited to providing drugs, and health services but also to get restitution as stipulated in Government Regulation Number 43 Year 2017 Regarding Provision of Restitution for child victims of crime, giving restitution to children because the effect of the child as a victim greatly affects the physical and psychic to grow and develop children. Research Method, this study uses normative juridical by referring to existing laws, concepts and principles, where the result is that the implementation of restitution of children can be submitted during the investigation stage and those who can submit are victims of children, parents or guardians of the victims themselves . Keywords ; restitution, children, victims, narcotics
BEBAN RESTITUSI PELAKU PEMERKOSAAN MENURUT PERSPEKTIF FIKIH DAN QANUN JINAYAT Nouvan Moulia; Putri Kemala Sari
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3086

Abstract

Compensation for rape victims stipulated in Aceh’s Qanun No. 6/2014 concerning the Law of Jinayat has not been implemented as expected. The initiation of a victim's request and the inability of perpetrators to pay the restitution were considered as the inhibiting factors. This research tried to identify and explain: (1) the basis of Islamic jurisprudence (fiqh) regarding restitution for victims of rape, (2) a fiqh perspective regarding the provisions and procedures for restitution for victims of rape that have been regulated in Qanun Jinayat and Qanun Acara Jinayat, (3) a fiqh perspective on the obligation of the state to assist rape perpetrators who are financially unable to pay the restitution. This type of research is a literature study employing a review of the document. All data were qualitatively analyzed using methods of descriptive analysis and content analysis. The findings revealed that: (1) compensation for victims of rape from a fiqh perspective is part of the basic sentence decided by the judge along with decision of physical punishment, while according to Qanun Jinayat and Qanun Acara Jinayat, compensation is not part of the basic sentence, (2 ) according to a fiqh perspective, a rape victim has the right to receive compensation in the form of mahar misil (dowry) which is paid multiple times according to repeated rape, ursy al-bikarah, or others in accordance with the losses suffered by the victim, whereas according to Qanun Jinayat and Qanun Acara Jinayat, compensation for rape victims is an amount of money or certain assets paid for suffering, loss of property, or compensation for certain actions, (3) from a fiqh perspective, the state is obliged to help the perpetrators of rape to pay off the burden of restitution which cannot be repaid due to financial constraints by distributing for them the right of gharim from the treasury of zakat collected by baitul mal.
KEBIJAKAN PEMERINTAH DAERAH DALAM PELAKSANAAN PENDIDIKAN DI KABUPATEN KONAWE Hartono Hasim
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.2687

Abstract

Context of the implementation of education in Konawe there are many problems arise. Understanding and strong commitment from the local government is very necessary in order to answer the existing constraint. This can be seen in the formulation of legislation. As expressed in Article 2 of Law No. 20 of 2003 that: "The national education based on Pancasila and the Constitution of the Republic of Indonesia Year 1945. Implementation Konawe education is a process of implementation starting from: 1) Planning Education 2) Organizing Education; 3) Direction Education Activity; 4) Implementation of Education; 5) Monitoring of Education (Monitoring and Evaluation).
PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN SATWA YANG DILINDUNGI DI WILAYAH HUKUM KABUPATEN BENER MERIAH Wiwin Widiarti; Putri Kemala Sari; Apri Rotin Djusfi; Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3535

Abstract

Law enforcement against tiger trafficking is a form of tiger protection carried out by the government. In upholding this law, it is necessary to have cooperation between law enforcement officers and the community so that it can minimize the crime of tiger trafficking and can be immediately followed up if someone commits a crime of tiger trafficking in Bener Meriah Regency. This research is an empirical legal reseach which is a reseach using a qualitative approach and descriptive reseach analysis. . As for the purpose of this study is to determine whether law enforcement against tiger trafficking in Bener Meriah Regency has been carried out properly in accordance with the prevailing laws. Law enforcement carried out by the Bener Meriah Regency government is in accordance with the applicable provisions, namely Law Number 8 of 1981 concerning the Criminal Procedure Code and Law Number 5 of 1990 concerning Natural Resources Conservation and in accordance with the international convention cites (Convention on International Trade in Endangered Species of Wild Fauna and Flora).

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