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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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Application of the Maximum 1/3 Obligatory Bequest (Wasiat wajibah) Principle in Adopted Children Grants Kusuma Arum, Nimas Ayuni; Sanjaya, Umar Haris
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.v12i1.9691

Abstract

This research focuses on explaining about grants to adopted children that exceed 1/3 of the assets of their adoptive parents, resulting in heirs being hindered from obtaining their inheritance. This research using contxt of probles as how is the application of the maximum one-third provision on grants to adopted children? What are the consequences if the assets granted to the adopted child exceed one-third of the assets of the adoptive parents? This study falls under the typology of normative legal research. The research findings explain that grants to adopted children must adhere to the maximum one-third provision of the assets owned by the grantor, as stipulated in Article 210 of the Compilation of Islamic Law (KHI). If this provision is not followed by the grantor, a violation occurs in the grant process, potentially causing harm to the heirs. As a result of assets exceeding the maximum 1/3 provision, the grant can still be valid or null and void under the law.
Challenges concerning the Legal Framework of an Automated Personal Income Tax in Edo State, Nigeria Aidonojie, Paul Atagamen
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.v12i1.7717

Abstract

Concerning the need to curb corrupt income tax practices and to increase internally generated revenue via income tax in Edo State, the Edo State Government 2019 introduced an automated personal income taxing system. However, it must be noted that the income tax procedure in Nigeria is a function of law regulated by the Personal Income Tax Act. Concerning this, there is a legal uncertainty concerning the effectiveness of extant the current legal framework in providing for and regulating an automated personal income tax system in Edo State. It is in this regard, that this study tends to adopt a hybrid method of research in examining to what extent the extant law provides for and regulates income tax in Edo State. The questionnaire was sent to 321 respondents and the data generated therein were analyzed via a descriptive and analytical method. The study found that the Personal Income Tax Act of 2004 does not provide for and regulate an automated income taxing system in Edo State. It was therefore concluded and recommended that for effective compliance with an automated income tax administration in Edo State, there is a need to amend the extant law to provide for an automated income tax procedure.
Criminal Liability for People of Physical Abuse by Children Risdianto, Muhammad Faisal
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.v12i2.10761

Abstract

This research is driven by the growing issue of physical bullying, where diversion efforts have proven ineffective in deterring perpetrators. The study aims to examine and analyze the legal protection provided to child victims of physical bullying and the criminal liability of child perpetrators. This research employs a normative juridical method, utilizing both statutory and conceptual approaches. The findings reveal that legal protection must be afforded to children who fall victim to criminal acts, including physical bullying. In offering such protection, it is essential to uphold principles of non-discrimination, the best interests of the child, the child’s right to survival and development, and respect for the child’s views. Furthermore, child victims of physical abuse may seek restitution from the perpetrator. The author argues that imprisonment can serve as an effective deterrent for child perpetrators, as they meet the criteria for criminal responsibility. However, diversion is more suitable for minor offenses or crimes involving damage to property.Keywords: Criminal Liability, Physical Abuse, Children
Key Considerations on the Authority of the Commercial Court and the State Court in Debt Qualification Marpaung, Abdul Hakim; Sunarmi, Sunarmi; Robert, Robert
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.v12i2.11491

Abstract

Article 1, Clause 6 of Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations defines debt, but confusion often arises when cases that should fall under the District Court's authority are instead handled by the Commercial Court, especially regarding debt proof. This thesis examines the evolution of debt in Indonesian bankruptcy law, the application of simple debt proof, and the overlap of jurisdiction between District and Commercial Courts in bankruptcy cases. The research, based on a normative legal approach using statutory, case-based, and historical methods, identifies that the concept of debt in Indonesia has evolved significantly, starting from Failisement Verordening to Law No. 37/2004, reflecting the need for refined legal mechanisms. Simple proof of debt is established when the debtor has two or more creditors and fails to pay at least one due and collectible debt, with creditors required to meet specific conditions to prove default. Jurisdiction between the Commercial and District Courts depends on the complexity of evidence—straightforward cases go to the Commercial Court, while complex ones fall under the District Court’s authority. However, the ambiguity in defining the respective authority of each court persists, highlighting the need for amending Article 1, Clause 6 of Law No. 37/2004 to establish clearer benchmarks for simple evidentiary standards in debt-related cases.Keywords: Bankruptcy, Debt, Commercial Court, District Court, Legal Authority, Indonesia.
Enforcement of Reduced Punishment for Perpetrators of Terrorism Crimes against Death Penalty Punishment Serbabagus, Shalahudin; Andreianto, Frifqi Dewangga; Munir, Ahmad; Hudi, Moh.
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.v12i1.10361

Abstract

Terrorism is one of the crimes that fall under the death penalty category. The threat of the death penalty for perpetrators of criminal acts of terrorism as a tool to enforce the law. However, there are conflicting rules between the death penalty and human rights. So, can the death penalty be changed to life imprisonment? This research aimed to analyse whether reducing punishment for those convicted of terrorism could be enforced. This research uses a normative research method with a statutory, conceptual, and case approach through judge decisions relating to terrorism cases. The implementation of Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism considers acts of terrorism to be a threat to ideology and national security. The death penalty is imposed as a last resort to protect society and can be carried out after a prisoner's request for pardon is rejected by the President. Legal efforts that can be taken to reduce terrorism punishment range from filing an appeal, cassation, and judicial review to the final application to ask for forgiveness from the President, who is the convict's only hope of reducing the sentence to obtain human rights protection and legal relief.
Analysis of Foreign Investment Policy from the Perspective of Economic Development Law (Case Study: The New National Capital Nusantara) Herlambang, Embang; 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.v12i2.11519

Abstract

Foreign investment plays a crucial role in driving a nation's economic growth. It involves capital investments by international investors into various sectors of a country's economy. In qualitative research on policy and law, data collection methods often include the analysis of official documents such as laws, government regulations, financial reports, and previous studies related to foreign investment and economic development in Indonesia's new national capital. Law No. 25/2007 concerning investors also reflects the significant impact of foreign investment on Indonesia's economic growth. Foreign sinvestment can stimulate growth through several mechanisms, such as increasing investment in sectors with a high multiplier effect, creating jobs, facilitating technology and management knowledge transfer, and enhancing the competitiveness of domestic products in the global market. The legal aspects of economic development play a key role in regulating and protecting foreign investments. Legal protection of intellectual property rights, ownership rights, and safeguarding investments from potential risks provides added security for foreign investors. Keywords: Investment, Policy, Economy
Responsibility in Marriage of Persons With Mental Disabilities Reviewed Based on Law Number 16 of 2019 Concerning Marriage and Law Number 8 Of 2016 Regarding Persons With Disabilities (Case Study In Selapajang Village, Cisoka District, Tangerang District) Badriah, Nurliatul; Tahir, Palmawati; Itang, Itang
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.v12i1.10829

Abstract

Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on Belief in One Almighty God. In running a household, both a husband and a wife must carry out their respective obligations as a husband and wife in accordance with Article 34 of Law Number 16 of 2019 concerning Marriage. In practice, there is a marriage, where a wife has a disability. The wife who has a disability cannot carry out her obligations as a wife in accordance with Article 34 paragraph (2) which states that the wife is obliged to manage the household as well as possible. Therefore, it is necessary to study the responsibilities for rights and obligations in marriages for people with mental disabilities in Selapajang Village, Cisoka, Tangerang, is the marriage in accordance with Law Number 16 of 2019 concerning Marriage and Law Number 8 of 2016 concerning Persons with Disabilities. The research method used in writing this thesis is a qualitative method with a typologyEmpirical legal research is here as the main research type, while normative legal research is a supporting research type.The data source used is secondary data with data collection techniques, namely the study of documents or library materials. The results showed that The marriage that is pursued is in line with Article 34 paragraph (1), where the husband has carried out his duties and obligations mentioned in Article 34 paragraph (1). In addition, the research also shows that marriage is not in line with Article 34 paragraph (2), where a wife who has a mental disability cannot carry out her obligations as a wife mentioned in Article 34 paragraph (2).Keywords: Responsibility, Marriage, People with Mental Disabilities
THE AL 'AFWU (FORGIVING EACH OTHER) APPROACH IN RESTORATIVE JUSTICE FOR DISPUTING MUSLIMS Nugroho, Taufiq; Samudera, Kiki; Cakraningrat, Karisma; Maulana, Jasmine Fahira; Ratnasari, Yenny; Budiono, Arief
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.v12i1.9690

Abstract

In criminal law, restorative justice is a new thing. Previously, Islam had already known the term restorative justice in its criminal law (jinayah) with the term al-istiadah. Forms of application of al-istiadah include islah (peace) and al-'afwu (forgiveness). As something new, the implementation of restorative justice has resulted in reforms in the criminal justice system in Indonesia. In this study, the author tries to explain the benchmarks for implementing restorative justice in terms of the values of the mutual forgiveness approach (al 'afwu) for those who believe in Islam. This descriptive research uses normative legal research methods that prioritize secondary data and are analytical and descriptive in nature. The results of this study indicate a benchmark for the implementation of restorative justice as an alternative settlement of criminal cases using the Al 'Afwu approach in the context of resolving criminal cases for Muslims. The restorative justice system strives to fix or recover the impacts of a criminal act. But there needs to be the perpetrators’ efforts to return or fix the condition due to the impacts caused by the criminal actions they carried out.
Prevention of Employment-Based Human Trafficking: A Comparative Review Between Indonesia and South Korea Wijaya, Vivian; Setiawan, Peter Jeremiah
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.v12i2.11835

Abstract

One of the biggest exporters of migrant laborers from Asia is Indonesia. It is common for migrant workers to be exploited in a number of ways, both legal and illicit. In 2020, women were the majority of the detected victims, with a percentage of 58% compared to the percentage of men at 18%. Based on Global Organized Crime Index data on Ranking by Human Trafficking, the Republic of Korea is ranked 129th out of 193 nations worldwide and 35th out of 46 countries in Asia. This paper will examine the regulation of prevention of persons and the comparison of prevention of persons regulations in Indonesia and the Republic of Korea. The methodology of this research is used Normative-Empirical and uses prescriptive analysis. The approach used is the statute approach. The prevention of human trafficking in Indonesia is a violation of human rights that arises as a result of exploitation and human trafficking. In the comparison of human trafficking regulations between Indonesia, namely Law Number 21 of 2007 with the Republic of Korea (Act on Prevention of Human Trafficking and Protection of Victims) there are numerous regulations that have not been regulated in Indonesia.
Liability of Intermediary Parties in the Context of Copyright Protection: A Case Study of 41pk/Pdt.Sus-Hk/2021 Satrio, Bagas Putra; Wasitaatmadja, Fokky Fuad; 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.v12i2.11046

Abstract

 In this study, the researcher aims to examine the practice of re-performing songs, commonly referred to as "song covers," as regulated under Indonesian Law No. 28 of 2014 on Copyright. The research focuses on three main aspects. First, it seeks to identify how copyright regulations are applied in the context of reusing copyrighted works, specifically in the form of songs, in accordance with the copyright law. Second, it analyzes the legal consequences imposed on copyright violators in this context. Third, it evaluates the compatibility of the Supreme Court Decision No. 41PK/Pdt.Sus-HK/2021 with the principles of Legal Protection Theory. This study employs a Normative Juridical approach, based on the principles of norms and laws applicable in Indonesia. The researcher uses this approach to refer to the legal norms and regulations in effect in the country. The research draws on legal materials from literature as both primary and secondary sources. Based on the analysis, the researcher concludes that anyone intending to upload song covers on social media platforms such as YouTube must comply with the economic rights held by the performers. This includes steps like obtaining permissions or licenses and paying royalties for the copyrighted works.Keywords: Song Covers; Copyright; Exclusive Rights; Intellectual Works; License; Royalties

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