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Achmad Faiz
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Fakultas Hukum Universitas Muhammadiyah Tangerang. JL. Mayjend. Sutoyo No. 2 Sukarasa, Kota Tangerang, 15111, Banten, Indonesia
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INDONESIA
JHR (Jurnal Hukum Replik)
Published by Universitas Muhammadiyah Tangerang
ISSN : 23379251     EISSN : 25979094     DOI : 10.31000
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aim Jurnal Hukum Replik is venue for academicians, researchers, and practitioners for publishing their original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of constitutional law, criminal law, civic law, administrative law, agrrian law, medical law and interconnection study with Legal Studies in accordance with the principle of novelty
Arjuna Subject : Ilmu Sosial - Hukum
Articles 145 Documents
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ANALYSIS OF ARTICLE 177 LETTER (D) LAW NUMBER 7 OF 2017 CONCERNING GENERAL ELECTIONS REGARDING WOMEN'S REPRESENTATION QUOTAS IN LEGISLATIVE ELECTIONS 2019 IN TANGERANG CITY Nilasari, Nur Apisha; Nazah, Farida Nurun; Ahmad, Dwi Nur Fauziah
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.11058

Abstract

Women's participation in politics is essential for the policy formation process. The aim of women's participation in parliament is to create accommodative and substantial political policy making. The right of politicized women was legislated through Law Number 68 of 1945. The aim of the research is to determine the representation of female legislative candidates who have met the qualifications of the Tangerang City Electoral Commission in the 2019 Election and to assess the contribution of women in parliament at the Tangerang City Regional Legislative Council to political policy making. This research is empirical, utilizing data collection methods such as observation, interviews, and documentation at the Electoral Commission and Regional Legislative Council offices in Tangerang City. The research results show a significant disparity in the representation of female legislative candidates in Tangerang City who have met the qualifications set by the Tangerang City Electoral Commission qualifications has a very unequal number. In the 2019 election, 648 candidates qualified for the permanent candidate list, comprising 411 men and 234 women from a total of 16 political parties. Meanwhile, 50 people were appointed as members of the Tangerang City Regional Legislative Council, comprising 44 men and 6 women, with a percentage of 12%. The contribution of women as members of the Tangerang City Regional Legislative Council in making political policies has been sufficiently considered. This is proven by the implementation of socialization programs at the women's protection service and the establishment of policies related to public health services (Kesta).Keywords : Women's Representation, Legislative Elections, Political Policy
JURIDICAL ANALYSIS OF THE ROLE OF BANKING IN PREVENTING MONEY LAUNDERING CRIMES Yasmine, Inge; Markoni, Markoni; Machmud, Aris
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.7970

Abstract

Banks, recognized as trusted institutions mandated to mediate financial transactions by collecting and channeling funds, are legally authorized entities obligated to operate with utmost diligence to thwart suspicious transactions susceptible to exploitation for illicit activities, particularly money laundering crimes. This research endeavors to explore the pivotal role of banks in Indonesia in combating money laundering. Employing a normative legal research methodology with a statutory approach, the study investigates the mechanisms employed by banks to prevent money laundering. The findings underscore that banks effectively deter money laundering practices through the implementation of robust know your customer (KYC) protocols and adherence to anti-money laundering (AML) principles as prescribed by pertinent regulationsKeywords: Know your customer (KYC) principle, banking, money laundering prevention
Development of Limited Liability Companies after the Enactment of Law Number 6 of 2023 Concerning the Ratification of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation Yunus, Muhammad; Setiady, Tri
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.11534

Abstract

This study aims to analyze the development of limited liability companies (LLCs) following the enactment of Law Number 6 of 2023, which ratifies Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation, and to explore the concept of The Private Individual Limited Company in Indonesia. The research employs a qualitative methodology, using a normative legal approach. The findings indicate that the Job Creation Law introduced a new legal entity, The Private Individual Limited Company, and altered the conventional paradigm of LLCs. Previously, LLCs were understood as capital partnerships requiring at least two founders, formed through an agreement. However, under the new law, LLCs can now be established by a single individual, provided the company qualifies as a micro, small, or medium enterprise (MSME). The concept of The Private Individual Limited Company allows a single person to establish an LLC, expanding the traditional understanding of LLCs as partnerships formed through agreements. However, this concept of single-person LLCs is not entirely new in Indonesia. Before the Job Creation Law, the Company Law (PT Law) already permitted such exceptions, allowing LLCs to be established by one person if the company’s shares were wholly owned by the state, state-owned enterprises, or regional government-owned enterprises.
The Effectiveness of Witness and Victim Protection Institutions as Non-Structural Institutions Kartikojati, Yulius; Markus, Dwi Pratiwi; Tuasikal, Hadi
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.11771

Abstract

Legal protection is an essential service mandated by the Constitution of the Republic of Indonesia, 1945. Article 28I, paragraph (4), underscores the state's responsibility for the protection, promotion, enforcement, and realization of human rights. In recognition of the importance of safeguarding the community, the Witness and Victim Protection Institution was established under Law Number 31 of 2014 and further defined in Presidential Regulation Number 60 of 2016. The institution’s mandate encompasses all stages of the criminal justice process, ensuring that witnesses and victims feel safe when providing testimony. This research employs a normative methodology, involving a review of library documents to analyze legal texts in accordance with applicable principles and standards. The findings indicate that while the Witness and Victim Protection Institution has made significant achievements in protecting witnesses and victims in severe cases, its effectiveness as a non-structural institution remains questionable. This is attributed to a lack of regulations governing its management, staffing, oversight, and transparency. To enhance the institution's effectiveness, it is essential to improve regulatory frameworks, increase public awareness, and strengthen its capacity. With these improvements, the Witness and Victim Protection Institution is expected to play a more pivotal role in safeguarding the rights of witnesses and victims, supporting equitable law enforcement, and protecting human rights within Indonesia's criminal justice system.Keywords: Effectiveness, Legal Protection, Witness and Victim Protection Institutions, Non-Structural Institutions
Dispute Resolution of Sharia Gold Pawn in Indonesia Dewi, Inggrid Kusuma; Nadirah, Ida
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.10811

Abstract

Among the sharia economic products that are present in society are pawn products. However, of course sharia pawning must still be tested in an effort to improve the welfare of society. This research tries to find answers related to questions regarding the execution of collateral objects carried out by Sharia Banks or Sharia Pegadaian on customers' gold when gold prices are falling which can cause losses for customers. Apart from experiencing losses due to the sale of their gold which has a lower value, they also have to pay pawn deposit fees and other costs. For this reason, legal protection is needed for customers to prevent and overcome these problems. The suggestion that the researcher recommends is that regulations need to be made, a standard pawn system and socialization of sharia pawn products, which at the very least will be supported by the government. In the event of a dispute, mediation must be prioritized which refers to the teachings of Islamic law
Consumer Protection for Bank Customers in Standard Clause Agreements Burhanuddin, Sitti Khairunisa; Fuad, Fokky; Rohaya, Nizla; Machmud, Aris
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.10756

Abstract

A standard agreement is a legally binding document containing pre-formulated clauses that govern the relationship between banks and their customers. Although regulated by the Consumer Protection Act No. 8 of 1999, such agreements can unilaterally place customers in vulnerable positions, necessitating legal safeguards to ensure customer security and prevent potential harm. This study employs an empirical legal research method, analyzing how laws are applied in society by focusing on public behavior through the distribution of questionnaires. Based on the collected data, customer rights are generally well-protected, as indicated by respondents' high level of trust in banking institutions to safeguard their funds. Furthermore, a low number of respondents reported experiencing losses due to standard agreement clauses, resulting in few complaints to banks, regulatory institutions, or authorities.Keywords: Consumer Protection, Standard Agreement, Banking
Implications of Cancellation of Notification of An Appeal Decision Canceled By The Chairman of The Serang District Court Desiliani, Melin; PS, Agus Prihartono; Agustina, Rani Sri
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.9991

Abstract

As a case breaker, the judge is assisted by court officials in handling a case, both the Substitute Registrar who accompanies the judge at trial, as well as the Bailiff/Alternate Bailiff who carries out the duties of adjudication and plays an important role in the proceedings at the Court. Bailiffs in carrying out their duties often face several obstacles/obstacles. The most crucial obstacle is the delivery of relaas through the headman. Bailiff/Substitute Advocate in making notification of the decision if the residence or residence of the parties is known, the notification of the decision is delivered directly to the disputing parties (in person), the term in person can be extended again to include the next of kin in a straight line up and down below (parents and children) or husband/wife. If the residence or residence of the person is known but neither is he or his family, a letter of notification shall be submitted to the local headman/Village Head. Relaas Summons/Notifications (Summons of the parties and notification of either a decision or a reprimand), is a very important instrument in civil proceedings because without a relaas the judge's decision cannot be justified and is not based on law. This study aims to find out the procedures for submitting notifications of appeal decisions and the implications of canceling the minutes of notification of appeal decisions that were canceled by the head of the Serang District Court. This study uses a normative juridical legal research method with a statutory approach based on secondary data supported by primary data and analyzed using a qualitative juridical method. The result of this research is the cancellation of the minutes of notification of the appeal decision which was canceled by the head of the Serang District Court resulting in the minutes of notification of the contents of the decision having to be re-executed because they were not submitted legally and properly due to procedural-administrative errors. The cancellation of the minutes of decision notification is carried out to correct errors that have occurred in order to avoid the potential to hinder the process of implementing the contents of the decision at a later date.Keywords: Implication, Cancellation, Minutes of Notification of Decision
Supreme Court Circular Legislation Ratio Number 4 Of 2016 Related to Reserved Good Faith Buyer Ihsan, Ahmad Yulianto; Hariri, Achmad; Stansyah, Dedy
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.8534

Abstract

The land sale and purchase dispute in this case drags the seller who has sold the same object to two buyers in two transactions. The second buyer (plaintiff) filed a lawsuit against the first buyer (Defendant II). The legal position is a dilemma. Both buyers feel they have rights to the disputed land because they have purchased the same object from the seller. To prove who the right buyer is, the judge needs to consider the principle of "good faith" as the basis for determining the buyer who deserves legal protection. The problem is, both buyers claim that they are buyers with good intentions. In protecting parties with good intentions in an agreement, regulations are needed that can provide legal certainty. In 2016 the Supreme Court held a plenary meeting and issued a Supreme Court Circular Number 4 of 2016, which provides a formulation regarding the criteria for buyers who have good intentions in purchasing land. In this study, it examines the first, the implementation of the Supreme Court Circular No. 4 of 2016 in court decisions. Second, the consideration of judges in deciding cases related to buyers in good faith is in accordance with applicable regulations. This type of research is normative research.
Legal Protection of Regional Local Potential Through Registration of Geographical Indications of Ponda Mats to Strengthen the Community Economy In Buton Regency Komuna, Avelyn Pingkan; Salam, Safrin; Wirawan, A. Rachmat; Slamet, Agus; Sanjaya, I Made Gunawan
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.11938

Abstract

The character of geographical indications from the provisions of international law refers to the area of the object of geographical indications. The purpose of this research is to find the characteristics of Ponda Wasampela Mats so that they have the potential to meet the criteria to be given legal protection as a geographical indication product and analyze the local government's efforts in encouraging legal protection of Ponda Wasampela Mats as geographical indication products. This research uses the type of Socio-Legal Legal Research. The legal approach taken is the legislation approach, concept approach and case approach. The results showed that the Ponda Wasampela mat has met the criteria to be submitted for registration of geographical indications, this is reflected in the aspect of reputation, namely that it has been used during the Buton Sultanate era in traditional rituals of marriage, death events, from the aspect of quality, namely the raw material of the mat (pandan leaves) used, raw materials (dyes and seawater), leaf drying techniques, shapes / motifs, weaving techniques, the level of neatness, and the quality of the resulting mats, aspects of characteristics namely Pandanus duri leaves (as raw material), dyes (as coloring materials), economic aspects namely Ponda Wasampela Mats currently have a selling price in the range of IDR. 50,000 (fifty thousand rupiah) and has been marketed both locally and nationally. While the government's efforts in order to encourage Ponda Wasampela Mats in geographical indication registration are the local government of Buton Regency needs to initiate commitment and efforts in carrying out supervision and guidance in encouraging Ponda Wasampela Mats to be submitted for Geographical Indication registration
Empirical Examination of the Prospects and Challenges of the State Policing System in Nigeria Ikubanni, Oluwaseye Oluwayomi; Adeboye, Oluwaseye Thompson; Oyebade, Alade Adeniyi; Oyebanji, Aderemi Olubunmi
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.11280

Abstract

The rising insecurity in Nigeria has cast doubt on the effectiveness of the Nigerian Police Force, which operates under the control of the federal government. This has led to calls for the decentralization of policing powers to the states as a possible solution to addressing the security challenges. This study investigates the prospects and potential challenges of implementing a state policing system in Nigeria, using both doctrinal and non-doctrinal research methods. A descriptive and analytical approach was applied to interpret empirical data gathered from 1,051 questionnaires distributed to randomly selected respondents. The findings indicate that the current centralized structure of the Nigerian Police Force is inadequate for ensuring public safety. Additionally, the synthesis of the data shows that state policing holds significant potential for effectively combating insecurity in Nigeria, although issues such as corruption and lack of funding remain significant obstacles. The study concludes by recommending reforms to the existing legal framework to allow for the decentralization of policing in Nigeria.Keywords: Policing, Insecurity, State Policing, Nigerian Police Force, Police and Security

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