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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 118 Documents
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Jual Beli di Bawah Tangan yang dilakukan oleh Kepala Adat Atas Tanah Petuanan Saputan, Robert Lowell; Pide, A. Suryaman Mustari; 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.v24i1.89

Abstract

This study aims to determine legal certainty and protection against buying and selling that is not under state regulations carried out by Customary Heads on customary land. This research was conducted using empirical legal research methods with a statute approach and a conceptual approach. They are collecting data in this study using field research techniques and literature research techniques. The data obtained, both primary and secondary data, were analyzed qualitatively. The results showed that customary land could only be managed, owned, and in principle can be handed over or sold to fellow indigenous and tribal peoples’. As for buying and selling of customary land, it must be proven by a letter of relinquishment of rights and a certificate issued by the Customary Head. In addition, for those who are not indigenous and tribal peoples’, if the material requirements of the legal relationship of buying and selling of land have been fulfilled, the buying and selling of customary land carried out by the Customary Head as based on customary law procedures is considered valid. This letter is the proof of ownership recognized by indigenous and tribal peoples’ in Ambon City, even though the letter is an inauthentic deed. On the other hand, a letter of relinquishment of rights and a certificate issued by the Customary Head are among the documents required by the Ambon City National Land Agency to register land title certificates. Therefore, the National Land Agency needs to raise legal awareness for customary land buyers. As for the party who buys customary land, it is necessary to follow up at the Land Office to immediately register the title of title to land to reduce the risk of overlapping ownership and even disputes over customary land.
Efektivitas Perlindungan Hukum Bagi Korban Kekerasan Akibat Tindak Pidana Penganiayaan Bunyamin, Bunyamin
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 2: November 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i2.279

Abstract

This study aims to determine the effectiveness of legal protection for the victims of violence due to the criminal of mishandling in Bone Regency and the factors that influence it. In this study the researcher uses normative and empirical research which is descriptive and prescriptive. The process of collecting data in this study were through by interview, documentation, and also literature study. The analysis method is carried out by systematically identifying and connecting the primary data with the primary legal materials. The result of this study indicates that legal protection for the victim of violence due to criminal of mishandling in Bone Regency is still running less effective. In this point, mishandling case is tend to increase every day. In other hand there are still several cases that have not been completely resolved, which is by the police considered as lack of solid evidences. Likewise, there are still mishandling cases in the court that have not been resolved because they are still in process. In addition, the fulfillment of victims’ rights has not been fully implemented, such as the right to receive spiritual guidance services. So, even though the implementation of government’s obligation and law enforcement has been effective, it still needs to be improved in order to achieve the effectiveness of legal protection for the victims of mishandling criminal under the jurisdiction of Bone subregional police. The factors that influenced the effectiveness of legal protection for the victims of mishandling criminal in Bone Regency, namely the legal substance factor, legal structure factor, legal culture factor, facilities and infrastructure factor, legal knowledge factor, and legal awareness factor. Therefore, it is necessary to increase the professionalism of law enforcement towards officers, and fulfil the rights of the victims. In addition, the government and law enforcement must be maximized the providing of legal protection, especially by considering the factors that affect the effectiveness, so that legal protection can be optimally realized in the future.
Aktualisasi Asas-Asas Umum Pemerintahan yang Baik dalam Sistem Penyelenggaraan Pemerintahan Sapada, Andi Tenri; Rezah, Farah Syah
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 2: November 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i2.286

Abstract

This study aims to examine the actualization of general principles of good governance in the government administration system at Bone Regency. The type of research used is empirical research. Data collection techniques used in this study were interviews and literature study. The research data were analyzed quantitatively and then presented descriptively. The results showed that the actualization of general principles of good governance in the government administration system at Bone Regency is still not implemented. One of the main reasons is that the professionalism and competence of SCA resources in Bone Regency are still low. Furthermore, the factors that influence realizing the general principles of good governance in the government administration system at Bone Regency include leadership capability, supervision, SCA resources, and consensus between government and citizens. Therefore, substantial efforts are needed to improve the professionalism and competence of SCA resources through education and the provision of special training. In addition, leadership capability, supervision, and consensus between government and citizens also need to be improved and carried out consistently so that the actualization of general principles of good governance in the government administration system at Bone Regency can be carried out well in the future.
Pertanggungjawaban Notaris Selaku Pejabat Pembuat Akta Tanah Atas Penyalahgunaan Kepercayaan Terkait Penggelapan Sertifikat Aryani, Vioni Fadhila; Pulungan, M. Sofyan
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 2: November 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i2.294

Abstract

This study aims to describe and analyze the Notary Public’s accountability as an LDMO for the abuse of trust related to certificate embezzlement and legal remedies that can be taken by the appeared as the aggrieved party for this action. The type of research used in this research is normative juridical research. The type of data used in this research is secondary data through document studies or literature studies. The legal materials that have been collected are then processed and analyzed systematically using qualitative data analysis methods. The results showed that the Notary Public as LDMO has accountability for the abuse of authority given based on trust related to embezzlement of certificates in the management of land rights transfer registration. The accountabilities that can be charged are administrative, criminal, and moral accountabilities. In addition, legal remedies taken by parties who feel aggrieved are categorized through two channels, namely the non-litigation by reporting to the local Regional Supervisory Council of Notary Public and the litigation by reporting to the local police. Based on this conclusion, it is recommended that the Notary Public and the Notary Public as LDMO carry out their duties and positions by upholding and complying with the applicable code of ethics and laws and regulations. Then an amendment to Law No. 2 of 2014 and Government Regulation No. 24 of 2016. In this case, it is necessary to add provisions on criminal sanctions against the Notary Public’s actions that violate the Office Law and the code of ethics to have a deterrent effect. In addition, the Notary Public and LDMO will be more careful, responsible, and professional in carrying out their professions and offices.
Implikasi Undang-Undang Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum terhadap Penyelesaian Konflik Pengadaan Tanah Larasati, Meka Azzahra; Sujadi, Suparjo
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 2: November 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i2.304

Abstract

This study aims to evaluate and analyze legal certainty in resolving conflicts over land acquisition for development in the public interest in the context before and after the enactment of Law No. 2 of 2012. The research uses a normative legal research method with a statute approach. The method of analysis in this study is to use qualitative analysis. The study results indicate that legal certainty in resolving conflicts over land acquisition for development in the public interest in the context before and after the enactment of Law No. 2 of 2012, obviously very different. However, from the two cases, land acquisition and compensation for land rights for development in the public interest have not been processed and run effectively. Based on this conclusion, it is recommended that laws and regulations on land acquisition for development in the public interest be more clarified, particularly regarding deliberation activities and the form/amount of compensation value. In addition, all stakeholders involved in negotiating the agreement must attach importance to the principle of deliberation and consensus regarding land acquisition for development in the public interest.
Analisis Yuridis tentang Presidential Threshold di Indonesia Rezah, Farah Syah; Sapada, Andi Tenri
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 2: November 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i2.310

Abstract

This study aims to determine the juridical fundamentals and analyze the constitutionality of the provisions of the Presidential Threshold against the 1945 Constitution. The type of research used is normative or doctrinal legal research using a comparative law approach. The method of analysis in this study is to use qualitative analysis. The study results indicate that the Presidential Threshold mechanism in Indonesia has had juridical fundamentals from 2004 until now. In this case, it includes Article 6A section (2) and section (5) of the 1945 Constitution, Article 5 section (4) and Article 101 of Law No. 23 of 2003, Article 9 of Law No. 42 of 2008, to Article 222 of Law No. 7 of 2017. However, Article 222 of Law No. 7 of 2017 is a closed legal policy and not an open legal policy. Therefore, the Presidential Threshold mechanism regulated in Articles of Law up to Article 222 of Law no. 7 of 2017 can be judged unconstitutional or contrary to the 1945 Constitution. Based on this conclusion, it is suggested that the Constitutional Court consider the juridical language of Article 6A section (5) of the 1945 Constitution. In this case, Law No. 7 of 2017 does not contradict the 1945 Constitution. In addition, it is also recommended for Legislators to make amendments to Law No. 7 of 2017. Furthermore, it is hoped that Legislators will consider increasing the Parliamentary Threshold as an effort to strengthen the presidential system in Indonesia.
Hak-Hak Tersangka dalam Proses Penyidikan: Studi Kasus di Polda Sulawesi Selatan Susi Aryani Manangin; Abd. Rasjak
Al-Ishlah: Jurnal Ilmiah Hukum Vol 25 No 1: Desember 2021 - Mei 2022
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v25i1.361

Abstract

This study aims to analyze the position of the suspect forgery of documentary instruments of evidence of land rights in the investigation process at the Directorate of the General Criminal Investigation of South Sulawesi Regional Police. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively to describe problems and answer study purposes. The results show that the suspect forgery of documentary instruments of evidence of land rights still gets human rights protection in the investigation process. Investigators still prioritize humanitarian action by upholding the dignity of the suspects. The rights fulfilled by the Directorate of the General Criminal Investigation, South Sulawesi Regional Police, against suspects at each stage of an investigation include: the right to be examined promptly; self-defense; freely provide information; obtain an interpreter; obtain assistance from lawyers or legal advisers; and maintain physical and psychological health. Therefore, it is recommended that all Police investigators continue to implement investigative procedures for all criminal cases while upholding the dignity of suspects as legal subjects. On the other hand, a suspect must be cooperative and use the right to freely provide information to prove their innocence in the investigation process. In this case, the Directorate of the General Criminal Investigation of South Sulawesi Regional Police has applied the accusatory principle to realize a balanced investigation as regulated in Law No. 8 of 1981.
Sengketa Pemilihan Kepala Desa Serentak: Studi Kasus di Kabupaten Luwu Utara La Ode Husen; Abd. Kahar Muzakkir; Nasirah Nasirah
Al-Ishlah: Jurnal Ilmiah Hukum Vol 25 No 1: Desember 2021 - Mei 2022
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v25i1.362

Abstract

This study aims to describe the simultaneous Village Head election disputes in 2016 and 2018 in North Luwu Regency. This research combines normative juridical and empirical research methods. The primary data were collected using direct interviews, while the secondary data was collected using literature study techniques. The data obtained in this research were then analyzed qualitatively to describe problems and answer study purposes. The results show the implementation of the simultaneous Village Head election of 2016 and 2018 in North Luwu Regency, consisting of 64 Villages. Of the 64 simultaneous Village Head elections, six of them are still considered to contain legal defects by several candidates. Accordingly, the six candidates submitted lawsuits against the simultaneous Village Head election results at the State Administrative Court to prove the violation. In this case, there are two lawsuits for Regent Decision No. 188.4.45/386/VI/2016 and four for Regent Decision No. 188.4.45/479/XI/2018. One of the six lawsuits was granted by the Judge in the Decision of the State Administrative Court, but the Decision of the State Administrative High Court voided the Court Decision of the first instance. In contrast, the other five lawsuits were immediately dismissed by the Judge at the Decision of the State Administrative Court. Therefore, it is recommended that the Regency Government be able to predict and provide solutions to a series of problems that will arise at all stages of implementing the simultaneous Village Head election. In this case, to minimize future disputes of the simultaneous Village Head election.
Peranan Alat Bukti Tambahan: Studi Kasus Tindak Pidana Korupsi Muh. Nasir; Bambang Nurdiantoro
Al-Ishlah: Jurnal Ilmiah Hukum Vol 25 No 2: Juni - November 2022
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v25i2.363

Abstract

This research aims to examine and analyze the additional proof role and the factors that influence it in eradicating the criminal act of corruption. This research uses empirical legal research methods. The primary data collection was carried out using a questionnaire, while the secondary data was collected using literature study techniques. The data obtained in this research is then quantified using a quantitative descriptive analysis model, then described using a frequency distribution table for answer research purposes. The results show that additional proof has a very large role in eradicating the criminal act of corruption. In this case, the scope of proof regulated in Law No. 8 of 1981 is still limited, while Article 26A of Law No. 20 of 2001 is quite broad. Furthermore, the factors of legal substance, legal structure, and legal culture also significantly affect the use of additional proof in eradicating the criminal act of corruption. Therefore, it is recommended that the House of Representatives amend Law No. 8 of 1981 regarding the additional proof. Furthermore, it is recommended that law enforcers pay attention to the details of the additional proof regulated in Article 26A of Law No. 20 of 2001 to maximize the eradication of the criminal act of corruption in Indonesia.
Pengawasan dan Pengamatan Pelaksanaan Putusan Pengadilan: Studi Kasus Tindak Pidana Anak Andi Purnawati; Ilham Ilham
Al-Ishlah: Jurnal Ilmiah Hukum Vol 25 No 2: Juni - November 2022
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v25i2.364

Abstract

This study aims to determine the role of the Supervisor and Observer Judge and to analyze the factors influencing the implementation of Court Decisions against child crimes in the Class IIA Penitentiary of Maros. This research uses empirical legal research methods. The primary data collection was carried out using a questionnaire, while the secondary data was collected using literature study techniques. The data obtained in this research is quantified using a quantitative descriptive analysis model, then described using a frequency distribution table for answer research purposes. The results show that the role of the Supervisor and Observer Judge is not limited to supervising and observing child convicts during their punishment period at the Penitentiary but also supervising and observing child convicts after they leave the Penitentiary or have finished their punishment period and return to society. Furthermore, three dominant factors influence the implementation of Court Decisions against child crimes in the Class IIA Penitentiary of Maros: the law enforcer factor, the facilities factor, and the community factor. Awareness of child convicts as a community factor has positively influenced the implementation of the Maros District Court Decision. Therefore, it is recommended for the Supervisor and Observer Judge to maximize their role. In this case, the role of the judge must supervise and observe the activities of child convicts and the role of Correctional Officers in implementing Court Decisions in the Class IIA Penitentiary of Maros. In addition, it is suggested to the Minister of Law and Human Rights make regulations regarding the proportion of the Supervisor and Observer Judge to the number of convicts in the Penitentiary so that the implementation of Court Decisions can run optimally in the future.

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