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AL-Ishlah : Jurnal Ilmiah Hukum
Published by Universitas Muslim Indonesia
ISSN : 14109328     EISSN : 26140071     DOI : https://doi.org/10.56087/aijih.v25i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Ishlah : Jurnal Ilmiah Hukum adalah jurnal peer review yang diterbitkan dua kali setahun Mei dan November oleh Fakultas Hukum Universitas Muslim Indonesia sejak Tahun 1998, dimaksudkan untuk menjadi jurnal untuk penerbitan hasil penelitian tentang hukum baik studi empiris dan normatif, terutama dalam masalah hukum kontemporer. Berbagai topik tetapi tidak terbatas pada: 1. Hukum Pidana 2. Hukum Konstitusi 3. Hukum Perdata dan Komersial 4. Hukum Hak Asasi Manusia 5. Hukum Ekonomi 6. Hukum Internasional 7. Hukum Islam atau Syariah 8. Hukum Adat 9. Hukum Lingkungan 10. Pendidikan Hukum 11. Hukum Komparatif Jurnal ini bertujuan terutama untuk memfasilitasi dan menyediakan forum bagi para sarjana hukum dan profesional untuk membahas dan mempromosikan perkembangan terkini tentang masalah hukum di seluruh dunia, diterbitkan dalam bahasa Indonesia, dan tinjauan ini berupaya memperluas batasan wacana hukum Indonesia untuk mengakses kontributor dan pembaca di seluruh dunia. Oleh karena itu, tinjauan ini menerima kontribusi dari para sarjana dan profesional hukum internasional serta dari perwakilan pengadilan, penegak-penegak hukum, otoritas eksekutif, pemerintah, dan lembaga kerjasama pembangunan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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Optimalisasi Pelayanan Sekretariat KPU kepada Komisioner KPU dalam Menyelenggarakan Pemilihan Umum R., Karina Rahmiz A.; Yasin, H. M.
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.56

Abstract

This study aims to determine the role of the General Election Commission Secretariat of Bone Regency, especially in improving the quality of the apparatus that is reliable, professional, and proportional, to provide optimal service to the General Election Commission Commissioners in holding general elections. This study also aims to determine what factors influence the General Election Commission Secretariat's services to General Election Commission Commissioners is holding General Elections. This study uses empirical research methods. Data obtained directly from the object of research in the field through observations and interviews with informants. The data is processed and analyzed qualitatively. The results obtained indicate that the services provided by the General Election Commission Secretariat of Bone Regency are based on Law No. 7 of 2017, namely facilitating the General Election Commission Commissioners of Bone Regency in organizing the General Election following its main function is to provide services, including a. administrative services which include correspondence, reporting, and accountability; b. services in the financial sector, which include the preparation and formulation of budgets according to the Election's needs, receiving, spending, and being accountable following statutory regulations; and c. services in the field of infrastructure include election logistics, managing and maintaining General Election Commission assets and inventory, and maintaining all facilities owned by the General Election Commission. The factors that affect the Bone Regency General Election Commission Secretariat services in facilitating the Bone Regency General Election Commission Commissioners so that they have not achieved optimal results are influenced by human resources, work environment, and geographical or natural factors.
Evaluasi Kinerja Komisi Pemilihan Umum dalam Meningkatkan Partisipasi Pemilih Noviyati, N.; Yasin, H. M.
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.57

Abstract

This study aims to determine the General Election Commission of Bone Regency's duties and powers in implementing the General Election, especially implementing the 2019 Presidential and Presidential Election based on Law No. 7 of 2017. Besides, this study also aims to determine the factors that influence the election to be considered not optimal. This study uses empirical research methods. Data obtained directly from the object of research in the field through observations and interviews with informants. The data is processed and analyzed qualitatively. The results obtained show that the General Election Commission of Bone Regency's performance in the implementation of 2019 Presidential and Vice-Presidential Election has been going well and is implemented based on Law No. 7 of 2017. Although in general, it is assessed that the performance of the General Election Commission of Bone Regency has not reached optimal performance because it is proven that there are still problems related to the final voter list and violations of Article 372 section (2) letter d of Law No. 7 of 2017, and culminating in a Re-Voting in several sub-districts or villages in Bone Regency. The factors affecting the General Election Commission's performance have not yet reached optimal performance due to internal and external factors. Internal factors include human resources and infrastructure. Meanwhile, the external factor is still low public knowledge in the political field, especially electoral matters.
Optimalisasi Pelaksanaan Pembinaan Residivis Narapidana Narkotika pada Lembaga Pemasyarakatan Samsu, S.; Yasin, H. M.
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.60

Abstract

This study uses primary data through research surveys obtained directly from the research site, in this case, the Class II-A Watampone Prison, to produce secondary materials in the form of interviews and observations. Secondary data through a research survey obtained from data provided by the staff of Class II-A Watampone Prison regarding the development of narcotics convicts recidivists. The data were obtained using the library method or known as document study. The results of this study indicate that the implementation of the Narcotics Prisoner Recidivist training carried out by the Class II-A Watampone Prison has been running according to the provisions of Law no. 12 of 1995, where the coaching and guidance of the Correctional Assistance Citizens consist of two patterns, namely the Personality Development Pattern and the Independence Development Pattern. The implementation of the Narcotics Prison Recidivist Development at the Watampone Class II Penitentiary is considered not optimal because it is influenced by two factors: internal factors consisting of the quality of human resources, facilities and infrastructure, and budget constraints. Meanwhile, external aspects of related institutions have not been optimal in carrying out coaching due to public acceptance.
Peranan Lembaga Pemasyarakatan dalam Melakukan Pembinaan terhadap Narapidana Lanjut Usia Aswar, Andi Kaisar Agung Saputra; Yasin, H. M.
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.61

Abstract

The purpose of this study is to describe the role of Class II A Watampone Penitentiary in providing guidance and determine the factors that influence the part of the Class II A Prison in Watampone in giving direction to elderly prisoners based on Law No. 12 of 1995. This research was conducted at Class II A Watampone Penitentiary. This study uses an empirical approach to examine the efforts to develop elderly prisoners in Class II A Watampone Prison according to the reality in the field and is connected with the prevailing laws and regulations. This study's results indicate that the development of elderly prisoners at the Class II A Watampone Prison is in accordance with Law No. 12 of 1995 as the basic principle of all activities in LAPAS. Guidance for elderly prisoners is carried out through personality development and independence development. Patterns of personality development include fostering religious awareness, fostering national and state awareness, fostering intellectual abilities (intelligence), fostering legal awareness, fostering healthy reintegration with society, and fostering physical and spiritual health. The self-reliance pattern is given in the work service activity program by providing work skills based on groups that are determined and according to talents. The factors that influence the efforts to guide elderly prisoners in Class II A Watampone Prison, namely: facilities and infrastructure, human resources and other factors related to elderly prisoners.
Batasan Perlindungan Hukum Bagi Anak yang Dapat Dipertanggungjawabkan sebagai Pelaku Kejahatan Hamdan, H.; Jaya, Alwi; Syam, Elvi Susanti
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.62

Abstract

This study aims to identify and understand the limits of legal protection for children who can be accounted for as criminals and to know and understand the factors that influence the consideration of legal protection for children who can be accounted for as criminals. This study uses a normative juridical approach. The analysis method is carried out by systematically identifying, polarizing, categorizing, and grouping according to the discussion flow in this study. Based on the description of the results and discussion, it can be concluded that the limitation of legal protection for children who can be accounted for as criminals, namely 12 years and under, children 12 years and over or under 14 years of age are subject to criminal sanctions in the form of action (action in the sense of juridical). Imprisonment is the last alternative for child perpetrators of crime, in contrast to adults. The factors that affect legal protection for children who can be held accountable as criminals are sociological and criminal aspects. The criminological aspect consists of three crucial sub-sectors, namely economy, environment, and family. Besides, regarding the concept of diversion, which has been sharpened with the concept of restorative justice, it is not time to become a constitutum in Indonesia because crimes in Indonesia are massive and systematic crimes.
Peran dan Fungsi Badan Pengawas Pemilihan Umum dalam Penegakan Hukum Pemilu Tahun 2019 Menuju 2024 Tahe, Saifuddin; Yasin, H. M.; Jaya, Alwi
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.63

Abstract

This study aims to determine and analyze the Election Supervisory Agency of Sinjai Regency's role and function in the Law Enforcement of the 2019 Election and the strategies carried out by the Election Supervisory Agency of Sinjai Regency to optimize its role in the Law Enforcement of the 2019 Election. As for this research's benefits, it is hoped that it will improve the organizing institution, especially the Election Supervisory Agency of Sinjai Regency, to lead to the 2024 General Election. This research is empirical legal research. The types of data used in this study include primary data and secondary data. Preliminary data and secondary data that have been collected during the survey are then arranged systematically and analyzed qualitatively according to their validity and reliability. Based on the description of the results and discussion, the Election Supervisory Agency of Sinjai Regency role and function in enforcing Law No. 7 of 2017 in the 2019 Election are considered good enough. However, problems must be fixed and improved in the 2024 General Elections and getting attention from the Election Supervisory Agency of Sinjai Regency as there are still money politics, some non-neutral State Civil Servants and Village Heads, the use of State facilities, places of worship and educational places as means of campaigns and activities that disturb public order.
Tinjauan Yuridis Penetapan Surat Perintah Penghentian Penyidikan PPAT terhadap Akta Jual Beli Amanda, Utari; Muchtar, Syamsuddin; Marwah, Marwah
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.76

Abstract

This study aims to examine the accountability of the Land Deed Official for the Sale and Purchase Deed it made and what is the basis for stopping the investigation of the Land Deed Official who has made the Sale and Purchase Deed No. 123/2014. This research was conducted using a normative legal research method with a statute approach. The method of analysis in this study is to use qualitative analysis. The results of this study indicate that the responsibility of the Land Deed Official to the Sale and Purchase Deed can be categorized into two things, namely legal responsibility and ethical responsibility. Furthermore, legal responsibilities can also be divided into three categories: administrative law, civil law, and criminal law. Meanwhile, the issuance of the Warrant of Termination of Investigation Number: S.Tap/70.6/VIII/2019 is based on the findings of the facts from the Palu Resort Police investigation, that the Parties knew and agreed to include the price for a piece of land in the Sale and Purchase Deed No. 123/2014. Therefore, the Land Deed Official cannot be subject to a crime based on Article 266 of Law no. 1 of 1960 because the Land Deed Official had carried out their duties properly. In addition, the Land Deed Official is the person who was ordered (manus miniatra), and in criminal law, the person who is ordered cannot be held criminally responsible for his actions. Sale and Purchase Deed No. 123/2014 is also not used by the Land Deed Official to cause harm. So the case against Sale and Purchase Deed No. 123/2014 is declared unfit or cannot be continued. It is recommended that the Land Deed Official be more thorough and professional and be careful in carrying out the duties and authorities of his position, especially regarding the procedures for making the Land Deed Official deed to minimize errors regarding formal and material requirements.
Pertanggungjawaban Notaris terhadap Isi Akta Autentik yang Tidak Sesuai dengan Fakta Amalia, Rizky; Musakkir, Musakkir; Muchtar, Syamsuddin
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.77

Abstract

In making an authentic deed, the Notary must guarantee certainty, order, and legal protection based on Law Number 2 of 2014. This research aims to determine the indicators so that the Notary can be held accountable for the contents of the Authentic Deed he made and explain the form of accountability that can be imposed on Notary regarding the contents of the Authentic Deed, which are inconsistent with the facts. The type of research used in this research is normative research and is supported by interview data. This study uses a statutory approach, a case approach, and a comparative approach. This study uses secondary data sources consisting of primary, secondary, and tertiary legal materials. The method of analysis in this study is to use qualitative analysis. The results show that the indicator so that the Notary can be held accountable for the contents of the Authentic Deed he makes is the intention or negligence of the Notary in making the authentic deed. Furthermore, the forms of accountability that can be passed on to the Notary for the contents of the Authentic Deed that are not following the facts, among others, are Civil, Criminal, and Administrative Liability/Code of Ethics. Based on these conclusions, it is recommended that notaries make authentic deeds based on morals, ethics and prudence, thoroughness, objectivity, and good faith to comply with all applicable legal provisions. Besides, it is necessary to renew the Law related to the cumulation or incorporation of the application of sanctions as a form of accountability for a notary public because the regulation of the cumulation or merger of the application of these sanctions will undoubtedly provide more protection and legal certainty for the injured parties, including the Notary itself.
Urgensi Partisipasi Masyarakat terhadap Izin Usaha Pertambangan Pasir Samad, Rezki Purnama; Wahid, A. M. Yunus; Halim, Hamzah
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.87

Abstract

This study aims to understand the essence of community participation in various stages of a sand mining business permit in Sidenreng Rappang Regency. This research was conducted using an empirical legal research method with data collection techniques through interviews, documentation studies, and data recording directly related to the research problem. The results of this study indicate that community participation in various stages of sand mining business licensing in Sidenreng Rappang Regency consists of determining the Mining Area as a requirement for preparing the Mining Business Permit Area, Regional Spatial Planning, and submitting and issuing environmental permits. The community participation related to their involvement in the issuance of mining business permits is considered not to have been effective as based on Law No. 3 of 2020, Law No. 32 of 2009, Government Regulations No. 8 of 2018, Government Regulations No. 22 of 2021, Regulation of the Minister of State Environment No. 17 of 2012, as well as related laws and regulations. Therefore, the Regional Government of Sidenreng Rappang Regency must be proactive in involving the local community, especially environmental impact analysis or environmental management efforts and environmental monitoring efforts. In addition, it is hoped that the Regional Government of Sidenreng Rappang Regency will re-identify the completeness of the mining business license requirements for mining business actors when they want to extend the mining business permits of the related companies.
Pembebanan Pajak Penghasilan pada Pendaftaran Tanah untuk Pertama Kali Erviana, Irma; Aspan, Zulkifli; Nur, Sri Susyanti
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 1: Mei 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i1.88

Abstract

This study aims to determine the imposition of income tax on the transfer of rights to land and/or buildings on land registration for the first time. This research was conducted using empirical legal research methods with data collection techniques through observation, interviews, and literature. In addition, this research uses the descriptive analysis method. The results of this study indicate that the imposition of income tax on the transfer of rights to land and/or buildings on land registration for the first time is not a requirement for applicants for rights related to land registration for the first time. However, the Bone Regency Land Office requires proof of payment of income tax on the transfer of rights to land and/or buildings to the applicant during the land registration application for the first time. Thus, the imposition of income tax on the transfer of rights to land and/or buildings to the applicant regarding land registration for the first time at the Bone Regency Land Office is considered contrary to Article 4 section (1) of Law No. 36 of 2008 jo. Article 4 section (1) Government Regulations No. 34 of 2016. Therefore, it is hoped that the Head of the Bone Regency Land Office will abolish the requirement for the imposition of income tax on the transfer of rights to land and/or buildings to applicants for rights related to land registration for the first time. Apart from that, eliminating these requirements also avoids the imposition of inappropriate or on target taxes to uphold aspects of justice and legal certainty (the principle of certainty).

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