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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 186 Documents
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PENANGGUHAN PENAHANAN TERHADAP GISEL ANASTASIA DITINJAU DARI KITAB UNDANG HUKUM ACARA PIDANA DAN UNDANG-UNDANG TENTANG PORNOGRAFI Muhammad Ikhwan Adabi; Chandra Darusman; Jalaluddin Jalaluddin; Adam Sani
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.v5i1.3538

Abstract

Suspension of detention is regulated in Article 31 of Law no. 8 of 1981 concerningCriminal Procedure Law, which states that at the request of a suspect or defendant,an investigator or public prosecutor or judge, in accordance with their respectiveauthority, can hold a suspension of detention with or without a guarantee of moneyor a guarantee of person, based on the conditions. which is determined. Theserequirements are regulated in Article 21 paragraph (1) of the Criminal ProcedureCode or referred to as subjective requirements and Article 21 paragraph (4) KUHAPor so-called objective requirements. The subjective view carried out by the PoldaMetro Jaya investigators in suspending detention of a case (GA) is not in accordanceor continuous with Article 21 paragraph (1) of the Criminal Procedure Codeaccording to the author's subjective view. Against (GA) is charged with Article 4paragraph (1) jo. Article 29 and / or Article 8 of Law no. 44 of 2008 concerningPornography. The criminal regulation that ensnares (GA) is in the form ofimprisonment for more than five years. If seen from the objective requirements, thisis not in accordance with Article 21 paragraph (4) of the Criminal Procedure Code.Article 21 paragraph (4) of the Criminal Procedure Code states that the conditions fordetention of a suspect or defendant cannot be withdrawn, the suspect's ordefendant's relationship with a prison sentence of more than five years
ANALISA PERLINDUNGAN KONSUMEN SEBAGAI PENGGUNA INFORMATION TECHNOLOGY AND COMMUNICCATION Noviyanti Wulandari Sitepu
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.v4i2.2693

Abstract

Technological sophistication at this time was very easy and helped people who live in this age. Everything can be easily obtained in order to fullfill the needs of his life that everything can be obtained only through the sophistication of information technology and communication. Without having to meet with the seller or vice versa everything is so facilitated only through the sophistication of information technology and communication. But in other hands these advantages it turn out into those disadvantages also that result in losses to the buyer or consumer of course. Because without having not meeting face to face is difficult for consumers as buyers and users of the sophistication of information technology and communication to report or complain about the losses they suffer. So that there is a need for legal protection for consumers as buyers who are often harmed by the seller. And what about the responsibillity of the seller who has broken the law. It is expected that by this research consumers' rights will be fulfilled and the seller can be held accountable for his actions both in civil, criminal and state administration if they have violated the existing legal provisions. Thus no party is harmed or misused the sophistication of information technology and communication. Keywords: consumers, consumer protection, sellers / business actors, information technology communication.
PENERAPAN SANKSI ADMINISTRASI BAGI PERUSAHAAN PERKEBUNAN YANG MELAKUKAN PELANGGARAN HUKUM DI BIDANG PERKEBUNAN Hendra Pratikno Manurung; Kartina Pakpahan; Valentin Tania; Reno Aditya Suhendro; Mei Fernando Marpaung
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.v4i2.2579

Abstract

The purpose of this research is to regulate the administration of administrative sanctions in the plantation sector, the application of administrative sanctions for plantation companies and the supervision efforts undertaken by the government as an effort to prevent administrative violations in the plantation sector. Using normative juridical research, namely library research. The source of legal materials used is secondary data. Law Number 18 of 2004 concerning plantations states that realizing the prosperity of the community and welfare in a fair manner, one form of processing natural resources is needed in a responsible, planned, integrated and professional manner.
PARTISIPASI PARTAI POLITIK LOKAL DALAM PERPOLITIKAN NASIONAL PADA KEANGGOTAAN DPD Apri Rotin Djusfi; Phoenna Ath Thariq; Eza Aulia
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.v4i2.2841

Abstract

The existence of the Senate (DPD) can be summed up as a meeting between democratization and regional autonomy. The formation of the Senate (DPD) is of course to support regional interests in national policies to protect the Republic of Indonesia. Based on the formulation of problems described earlier regarding the participation of local political parties in national politics at DPD membership, the objectives of the study include examining the participation of local political parties to participate in national politics in DPD membership. Based on the research object above, this research is normative legal research (legal research). The position and function of the DPD are to bridge the local government to the central government in bringing the interests of the people in the regions. The existence of cadres of local political parties in the Senate (DPD) provides channels for the regions in the national decision-making process related to regional interests. Keyword: Senate, DPD, Political Parties
TANGGUNG JAWAB PEMERINTAH SEBAGAI AKIBAT PENGARUH ASAP KEBAKARAN LAHAN DAN HUTAN DI PROVINSI RIAU BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Muhammad Zaqi Reyhan; Ardiansyah Ardiansyah; Aliar Syam
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.v5i1.2623

Abstract

The form of responsibility that has not been realized by the government is that there are still forest and land fires that cause poor health, so it is necessary to take firm action from the government to immediately realize the compensation for the impact of the smoke. In the end everyone, women, young people, children have the right to other fundamental health related and highly dependent on a healthy environment. The formulation of the problem in this study is the responsibility of the government as a result of the effects of the smoke from land and forest fires in Riau Province based on Law Number 36 of 2009 concerning Health, due to the legal responsibility of the government as a result the effect of smoke from land and forest fires in Riau Province based on Law Number 36 of 2009 concerning Health. The method used is normative legal research. Sources of data consist of primary legal materials, secondary legal materials, and tertiary legal materials. In this study the data were analyzed qualitatively and in drawing conclusions, the authors applied the deductive thinking method. The conclusion in this study has answered the problems that arise, namely the responsibility of the government as a result of the influence of the smoke from land and forest fires in Riau Province based on Law Number 36 of 2009 concerning Health, that the state's responsibility to fulfill the right to health has at least 3 forms, namely respecting the right to health, protecting the right to health and fulfilling the right to health. The government should uphold the right to health for all people in order to improve a healthy standard of living in order to realize the highest public health standard, and this is also the responsibility of the state for the realization of fundamental rights in the health sector. The conception of state responsibility in fulfilling the right to health is a positive legal right, therefore the government is obliged as the personification of the state to fulfill the rights of citizens' health. The neglect of the right to public health in the form of denial of the protection and provision of proper public health services is a violation of the constitution. The legal consequence is the government's responsibility as a result of the influence of the smoke from land and forest fires in Riau Province based on Law Number 36 of 2009 concerning Health that health is fundamental rights of every human being, therefore every individual, family and society has the right to receive protection for their health. The government is responsible for regulating and protecting the right to optimal public health. The government's responsibility in fulfilling the right to health is manifested in the provision of proper health facilities and facilities that are easily accessible to the public.
KEPASTIAN HUKUM PENYALURAN DAN KETERSEDIAAN BBM BERSUBSIDI UNTUK NELAYAN DI KECAMATAN SOROPIA, KABUPATEN KONAWE, SULAWESI TENGGARA Wahyu Prianto
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.v5i1.2681

Abstract

Subsidized fuel oil (BBM) is the right of the poor in this country, including the small ones, BBM has an important role in increasing the productivity of fisheries, especially capture fisheries. The cost of using fuel in fisheries is up to 80% of the operational costs at sea. This is what makes BBM a strategic means of production for fishermen. The provision of adequate fuel, both in terms of quantity and price, is needed so that fishermen can use fuel according to their operational needs, this is the case with fishermen in Soropia District. The government's efforts to fulfill fishermen's rights through the policy of providing fuel subsidies have not worked as expected, the problem is that the small fishermen in Soropia sub-district, who are the targets of this fuel subsidy policy, do not enjoy it at all, the main thing is that the distribution patterns the government has taken so far are less effective, there are still many gaps that can be exploited by individuals to get benefits for themselves.This study aims to find the source of the problem of the obstruction of the distribution of subsidized fuel to small fishermen in Soropia Subdistrict, Konawe Regency and try to propose an operational pattern of distribution of subsidized fuel that is efficient, of course in accordance with legal provisions so that according to the title of this article is to provide protection of rights and legal certainty to Fishermen in Soropia District. The legal materials used consist of three types, the primary legal materials consist of all respondents (fishermen, the community and parties involved in the subsidized fuel oil distribution) regarding the distribution and use of subsidized fuel in Soropia sub-district, and combined with the perspective of legislation . whereas Legal Materials textbooks because textbooks contain basic principles of law science and classical views of highly qualified scholars. And Suber is an indication and explanation of primary and secondary legal materials. Collecting techniques through document studies or library materials and field studies, document studies are this activity aimed at obtaining data through tracing notes, writings or documents that have been made by other people related to the issues being discussed. Field studies are field observations with competent parties in order to obtain data information about the subject and object under study. The data used is to analyze the data obtained in accordance with the symptoms and objects that occur in the field and then summarize, select the main things, look for themes and patterns. The method of analysis of legal materials used is descriptive method. with this descriptive method, actual detailed information can be obtained.Based on the results of the research that the ineffective distribution and availability of subsidized fuel for fishermen in Soropia Subdistrict, Konawe Regency, Southeast Sulawesi, occurred due to several things, starting from Soropia Subdistrict, Konawe Regency, Southeast Sulawesi, the absence of Fishermen Solar Pack Dealer (SPDN), The sub-district fisherman card management for fishermen in the Soropia sub-district is that this problem is not taken care of in the Soropia sub-district itself, but has to take care of the main Konawe district, namely the Unaaha district and about how from a legal standpoint whether this fuel subsidy actually reaches fishermen, this is There is a game between the owners of Solar Pack Dealer Fishermen (SPDN) or brokers or subsidized fuel retailers, then the question is how to legally protect the rights of fishermen, especially the rights of fishermen in Soropia sub-district to distribute subsidized fuel
ANALISIS YURIDIS KETENTUAN PASAL 37 UNDANG-UNDANG DASAR 1945 SETELAH AMANDEMEN TENTANG PROSEDUR PERUBAHAN UNDANG-UNDANG DASAR DALAM PERSPEKTIF DEMOKRASI KONSTITUSIONAL Putri Kemala Sari; Nila Trisna; Phoenna Ath Thariq
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.v4i2.2694

Abstract

Indonesian independence is a new era in the formation of the constitution and order of state life. Because it was at this moment of independence that Indonesia first formed its written constitution in a standardized manner and compiled it into a state sheet. The constitution is called the 1945 Constitution of the Republic of Indonesia, which has been amended four times to date. The points that become the discussion are regarding the provisions contained in Article 37 regarding the procedure for amending the 1945 Constitution whether it has applied the principles of constitutional democracy because the last amendment of the amendment to the 1945 Constitution from the provisions of Article 37 cannot be implemented anymore. The purpose of this research is to examine and analyze whether the provisions of Article 37 of the 1945 Constitution have applied the principles of constitutional democracy. The research methodology used is normative juridical with a descriptive analysis approach. Based on the results of the research on the amendment procedure of the 1945 Constitution, it adopts a method of change known as "verfassungs-anderung", namely a way of changing the constitution deliberately in the manner specified in the constitution. Then use a system of changes "constitutional reform". With the "formal juridical" pathway and completed as changes by means of "formal amendments", namely changes to the constitution which are made in accordance with the provisions contained in the constitution. So in other words Article 37 of the 1945 Constitution regarding the procedures for amending the 1945 Constitution has inspired the values of democratic principles procedurally but the substance of the provisions of Article 37 of the 1945 Constitution is not fully applied to the principles of constitutional democracy because there are still many provisions in Article 37 regarding the procedures for amending the 1945 Constitution. This still needs to be studied in depth, because of its flexible nature after the changes, but its content is still rigid and difficult to change. Keywords : constitutional, democracy, , constitutional amendment procedure
KEDUDUKAN PERATURAN DESA DALAM SISTEM PEMBENTUKAN PERATURAN PERUNDANG UNDANGAN NASIONAL Kadek Wijayato; Lusiana Margareth Tijow; Fence M. Wantu
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.v4i2.2548

Abstract

ABSTRACTThe purpose of this study is to Analyze the position of Village Regulations after the enactment of Law Number 12 of 2011 concerning the Formation of Legislation and Know and Analyze the Urgency of Village Regulations in the Implementation of Village Government Affairs. The study uses a type of normative juridical legal research using the approach to the Act (Statute Approach), and Conceptual Approach (Conceptual Approach). The results of this study indicate: First, That the Position of the Village Regulation Post the Law No. 12 of 2011 is legally normative is not explicitly recognized in Law No. 12 of 2011 although the previous law still recognizes this point clearly in Law Number 10 of 2004 Village regulations state that Article 7 paragraph (2) letter c states "Village regulations / equivalent regulations, made by village representative bodies or other names together with village heads or other names." However, with the change from Law No. 10 to Law No. 12 In 2011, it is clear that Article 7 only mentions the type and hierarchy of laws only to Regional Regulations. Second, That the Urgency of Village Regulations in the Implementation of the Government Administration Desadalam in its development to carry out government functions in the village. The governmental function is derived from co-administration tasks originating from a higher level of government, namely regency / city. Law Number 6 of 2014 concerning Villages provides space for villages and village apparatus to be creative and has a legal basis in terms of improving village welfare, as we know that the village is the lowest unit of state administration in Indonesia.Keywords: Position of Village Regulation; Village Government. Village Autonomy.
KEWENANGAN YURISDIKSI INTERNATIONAL CRIMINAL COURT TERHADAP PELANGGARAN HAK ASASI MANUSIA Eza Aulia; Apri Rotin Djusfi; Phoenna Ath Thariq
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.v4i2.3000

Abstract

Human rights are a reflection of the development of human civilization, where these rights are things that must be upheld by anyone and anywhere in the world. Therefore, through the Rome Statute a permanent court was formed, namely the International Criminate Court (ICC) which aims to uphold human rights values, especially in relation to gross human rights violations. This research is a normative juridical study that describes the scope of the judicial authority of the ICC as seen by the approach of norms in the Rome Statute. The results illustrate that the ICC has jurisdiction covering jurisdiction over the subject matter, namely genocide, crimes against humanity, war crimes and aggression. Personal jurisdiction includes nationals of state parties, nationals of non-state parties that recognize the Court's jurisdiction and nationals of non-state parties, but cases are brought before the Court based on UN Security Council resolutions.Keyword: Human Right, International Criminal Court
PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL (HKI) DI INDONESIA Suhaimi Suhaimi; Kurniawan Kurniawan; Roslaini Ramli; Enzus Tinianus; Dedy Yuliansyah
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.v5i1.3276

Abstract

In everyday life, whether we realize it or not, we will always come into contact with the use of Intellectual Property Rights (IPR) on the products we consume or use. In the current era of globalization, IPR has become a very important issue and has always received the attention of various parties, both national and international levels. IPR is the only right that is specifically granted to the inventor / creator, while other parties are prohibited from using the invention / creation. For this reason, IPRs need to be legally protected. The formulation of the problem in this research is what are the steps in providing legal protection for IPR in Indonesia and how is Indonesia's concern as a member of the WTO in providing legal protection for IPR. As a normative juridical research, to obtain data, literature research is carried out in order to obtain legal material, both primary, secondary and tertiary legal materials. The approach method used is the statutory approach, namely by examining the applicable legal provisions which are related to the issue of legal protection of IPR in Indonesia. In the legal protection of IPR, several routes can be taken, namely national, regional, European and international routes. As an effort to protect IPR, Indonesia has ratified several international conventions and harmonized several laws and regulations in the IPR sector. However, the legislation that has been produced should be supported in the form of law enforcement, so that it will have a positive impact on creators. Especially now that there are more and more practices of IPR violations, CD and VCD piracy, song or art piracy and so on. Likewise, violations in the field of brands that are rife with the development of online businesses such as Shopee, Lazada, Tokopedia, Bukalapak, JD.ID, OLX and others, both officially registered and unregistered.

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