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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 THE OMNIBUS LAW ON JOB CREATION IN THE PERSPECTIVE OF SOCIOLOGY OF LAW Mohammad Dimas Atmadja; Titi Yuliati; Upik Mutiara
Jurnal Hukum Replik Vol 8, No 2 (2020): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v8i2.3584

Abstract

One of the widely discussed issues is related to the implementation of the Omnibus Law on Job Creation. In the Omnibus Law, there are 3 patterns, namely "omnibus law which is a review of laws, regulations on new materials and the revocation of related regulations, as well as economic policy regulations." This study uses a normative approach with research results showing that the Omnibus Law in democratic societal change should lead to social happiness. So that the Omnibus Law needs to be analyzed in depth so as not to run away from the teachings of the sociology of law itself. Keywords: Omnibus Law, Job Creation, Sociology of Law
RESPONSIBILITY FOR THE SALES OF FAKE STAMPS ON TOKOPEDIA'S DIGITAL MARKETPLACE PLATFORM Kelvin Adytia Pratama; Muhamad Amirulloh; Somawijaya Somawijaya
Jurnal Hukum Replik Vol 8, No 1 (2020): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v8i1.3016

Abstract

Today the internet has dramatically influenced business behavior by offering the opportunity to sell products of daily necessities directly to customers. In its development, the use of this technology sometimes tends to lead to negative things as well. One of them is the factual case of selling fake stamps on the Tokopedia digital platform. Based on this background, this research will discuss; First, regarding the legal qualifications of selling fake stamps on the Tokopedia digital platform. Second, related to the responsibilities of sellers and platforms regarding the sale of fake stamps on the Tokopedia digital marketplace. Both are based on the ITE Law and the Stamp Duty Law. This study used a normative juridical approach based on a law that is conceptualized as a rule or norm that becomes the benchmark for human behavior. The research specification used is descriptive analysis research specification. The data used is in the form of secondary data by reviewing literature and laws and regulations related to the sale of fake stamps and their correlation with the law of information technology and electronic transactions and stamp duty. By offering fake stamps on marketplace platforms, merchants, and e-commerce providers, namely the marketplace platform, are in effect breaking the law. Through the existing criminal law provisions, the seller/perpetrator must be held accountable for his mistake in accordance with the applicable sanctions. From the platform side, the various obligations that Tokopedia does not carry out in buying and selling activities cause problems, including the circulation of illegal goods on the platform, so that Tokopedia is obliged to be responsible.Keywords: E-Commerce; Platform; Information and communication technology; Stamp Duty.
URGENCY OF MARRIAGE AGREEMENTS FOR ISLAMIC RELIGIONS IN CREDIT TRANSACTIONS WITH FINANCING INSTITUTIONS Imran Bukhari Razif
Jurnal Hukum Replik Vol 9, No 1 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i1.4170

Abstract

Regulations related to joint assets of husband and wife of Muslims are subject to the provisions of the Marriage Law and the Compilation of Islamic Law. The position of the compilation of Islamic law that is under the Marriage Law and the emergence of legal consequences on joint assets of husband and wife in terms of credit transactions with financial institutions are the basis for the urgency of making a marriage agreement. Where the marriage agreement must explicitly regulate the mixing or separation of joint assets between husband and wife. The goal is to achieve legal certainty regarding the rights and obligations of husband and wife regarding joint assets in the event of a credit transaction with a financing institution.Keywords: Marriage Agreement, Joint Assets, Compilation of Islamic Law, Marriage Law
LEGAL PROTECTION OF WIFE AND CHILDREN IN SELF MARRIAGE Nizla Rohaya; Suartini Supendi
Jurnal Hukum Replik Vol 8, No 2 (2020): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v8i2.3580

Abstract

This study aims to contribute ideas in the form of knowledge to the public regarding the efforts that can be made by the parties to provide legal protection for wives and children in unregistered marriages, where unregistered marriages are generally known as valid marriages under sharia but are not recorded in administration. The state creates legal uncertainty for wives and children born in unregistered marriages. The research method used is the normative research method, where the author examines several positive laws governing marriage with various types. The contradiction in legal regulations that the authors found in the research results was then processed and analyzed. The authors found several solutions for wives and children born in unregistered marriages to obtain legal protection following the provisions of laws and regulations that are still valid but not known to the public. It is hoped that, from this research, there will be no more wives and children who are denied their rights because of the uncertainty of the status of Siri marriages.Keywords: Legal Protection, Wife, Children, Unregistered Marriage, Marriage Law
IMPLIKASI HUKUM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 16/PUU-X/2012 TERHADAP KEWENANGAN PENYIDIKAN KEJAKSAAN PADA TINDAK PIDANA KORUPSI DALAMPRESPEKTIF SISTEM PERADILAN PIDANA Sobirin Sobirin; Dwi Nur Fauziah Ahmad
Jurnal Hukum Replik Vol 7, No 2 (2019): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v7i2.2939

Abstract

ABSTRAKPenelitian ini dilatar belakangi oleh banyaknya tumpang tindih kewenangan penyidikan kejaksaan terhadap tindak pidana korupsi. Selain itu tidak ada kontrol dan pengawasan cukup kuat dan tegas terhadap kewenangan penyidikan kejaksaan. penelitian ini bertujuan untuk mengetahui implikasi hukum yang ditimbulkan oleh putusan Mahkamah Konstitusi terkait dengan kewenangan kejaksaan terhadap tindak pidana korupsi, serta bagaimana kewenangan penyidikan kejaksaan pada tindak pidana korupsi. Jenis penelitian ini menggunakan pendekatan Normatif-Empiris yang menitikberatkan pada teori kewenangan khususnya terkait kewenangan penyidikan tindak pidana korupsi. Hasil penelitian ini menjelaskan bahwa dalam pasal Undang-Undang Nomor 16 Tahun 2004 Tentang Kejaksaan mengatakan kejaksaan selain memiliki fungsi penuntutan sekaligus memiliki fungsi penyidikan terhadap tindak pidana korupsi. Dalam rumusan pasal Aquo, jelas harus ada undang-undang yang secara tegas memberikan kewenangan kepada kejaksaan. Jika kewenangan tersebut harus berdasarkan Undang-Undang Nomor 31 Tahun 1999 Tentang Tindak Pidana Korupsi sebagaimana diubah dengan Undang-Undang Nomor 20 Tahun 2001 tidak ada satu pasalpun yang tegas memberikan kewenangan kejaksaan sebagai penyidik tindak pidana korupsi. Selain itu dalam pelaksanaannya juga terdapat tumpang tindih kewenangan antara lembaga lain yang mempunyai kewenangan yang sama. Kata Kunci: Kewenangan, Penyidikan, Kejaksaan, Putusan Mahkamah Konstitusi, Korupsi.ABSTRACTThis thesis is motivated by the overlapping authority of the prosecutor's investigation of corruption. In addition, there is no control and supervision strong enough and firm on the authority of the prosecutor's investigation. This thesis aims to determine the legal implications of the Constitutional Court's decision related to the authority of the prosecutor's office on corruption, and how the authority to investigate the prosecutor's office on corruption. This type of research uses a Normative-Empirical approach that focuses on the theory of authority, especially related to the authority to investigate criminal acts of corruption. The results of this study explain that in Article Law No. 16 of 2004 concerning the Prosecutor's Office, the prosecutor's office, in addition to having a prosecution function, also has a function of investigating corruption. In the formulation of article Aquo, it is clear that there must be a law that expressly gives authority to the prosecutor's office. If the authority must be based on Law Number 31 the Year 1999 Concerning Corruption Acts as amended by Law Number 20 the Year 2001, there is no single party that expressly gives the authority of the prosecutor's office as an investigator of criminal acts of corruption. In addition, in the implementation, there are also overlapping authorities between other institutions that have the same authority. Keywords: Authority, Investigations, Prosecutors' Office, Constitutional Court Decision, Corruption.
STUDY OF THE VALUE OF CULTURE AND LOCAL WISDOM IN THE INDIGENOUS PEOPLE OF TENGGER TRIBE Sholahuddin Al-Fatih; Zakaria Saxon; Ahmad Murtadho
Jurnal Hukum Replik Vol 9, No 1 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i1.4212

Abstract

The existence of indigenous peoples that are guaranteed directly in the constitution of the State of Indonesia. This research aims to analyze the value of culture and local wisdom, by the traditional and indigenous people, namely Tengger tribe. The type of legal research conducted is juridical empirical. The research will examine between the rule of law and the environment in which the law applies. This research found that Cultural values and local wisdom are one of the foundations of the existence of indigenous peoples. Because, through these values, indigenous peoples do all forms of law that they believe in and the system of life that has been agreed together to realize a regularity in the lives of indigenous peoples, especially indigenous peoples Tengger tribe.
Application Of Diversion To Children In Case Of Traffic Accidents That Cause Lives Dwi Nur Fauziah Ahmad; Handayani Handayani
Jurnal Hukum Replik Vol 9, No 2 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i2.5066

Abstract

Minors in driving a motor vehicle are very dangerous, lack of education on road safety and a very early age results in the ability to drive a vehicle not accompanied by instinct and mature thinking so that traffic accidents often occur caused by minors. Law No. 11 of 2012 regulates how to settle cases of child crimes, including in cases of traffic accidents caused by children by diversion. Traffic accident cases regulated in Law No. 22 of 2009 about Traffic and Road Transportation as a law that specifically regulates traffic accidents, the diversion process against children as perpetrators in traffic accidents carried out in every District Court and diversion carried out according to the Act. No. 11 of 2012 and Government Regulation No. 65 of 2012 about Guidelines for the Implementation of Diversion and Handling of Children who are not yet Twelve Years Old. Application of diversion at the Tangerang City Police Station encountered obstacles but there were also efforts to overcome these obstacles.Keywords: children, diversion, traffic
OMNIBUSLAW IS LINKED TO THE ACHIEVEMENT OF COUNTRY GOALS Andi Batubara; Amiludin Amiludin; Muhammad Asmawi
Jurnal Hukum Replik Vol 9, No 2 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i2.4844

Abstract

Omnibuslaw, are a legal product to simplify legislation which is previously, reputed overlapping, with make efficiency process/change information regulations, to delete ego sectoral. However in the formation process, and legalization break Government Regulation Number 12 of the Year 2011, concerning Formating Government Regulations, and be in conflict of interest business politic from oligarchy network available at Parlement, where 55 % (fifty-five percent) member of Parliament is a businessman so that the product of law salted fulfilled with interest authority party and the winner of selection. And if studied further, it will be found articles that are not in favor of the workforce, such as the article on outsourcing, there is no limit on the types of work that may use outsourcing, then all types of work in the main job or main work in a company can use outsourced employees. Thus, the workforce no longer has clarity on wages, health insurance, pension insurance, and job security. The Specific Time Work Agreement system is not explicitly regulated regarding the period, it is only stated that it will be regulated in a Government Regulation or technical rules derived from the Law, Long Leave is submitted to work agreements, company regulations, or work agreements together so that the legal certainty needs to be questioned. Concerning wages for severance pay in the Omnibus Law, workers who are affected by the termination of employment or stop working for other reasons may now no longer receive severance pay.Keywords: Power; Political Instristing; Political Law, Law Product.
IMPLEMENTATION OF LEGAL PROTECTION ON WOMEN VICTIMS OF DOMESTIC VIOLENCE Abdul Kadir; Tiara Putri; Almirah Shalwa; Sephia Wahyuni; Regita Nurcahyani; Salwa Salsabila
Jurnal Hukum Replik Vol 9, No 2 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i2.5138

Abstract

The laws and regulations have the provisions for illegal acts or crimes which include domestic violence. Domestic violence is a form of special crime. This study examines the form than implementing legal protection for women victims of domestic violence based on the criminal justice system in Indonesia as well as how the obstacles that arise in this regard. The existence of Law Number 23 of 2004 concerning the elimination of domestic violence is expected to be able to provide legal protection for victims of domestic violence significantly, in this case are women. The results showed that the decision Number: 519 K/Pid.Sus/2020 as an example of the implementation of legal protection for wives as victims is appropriate. In relation to the obstacles that arise, among others, law enforcement officers who have various understandings regarding domestic violence, difficulties for legal officers in implementing Law No. 23 of 2004, lack of courage to report incidents of domestic violence from victims, and difficulties in proving the problem of domestic violence.Keywords: Domestic violence, protection, implementation, women
LEGAL POLICY FOR VISUM ET REPERTUM TEST IN EVIDENCE OF RAPE CRIME: PERSPECTIVE OF THE STATE COURT IN INDONESIA Arief Budiono
Jurnal Hukum Replik Vol 9, No 2 (2021): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v9i2.5002

Abstract

Rape is a sexual crime and carries a maximum of 12 years in prison for the perpetrator under Indonesian law, but in practice it is rarely carried out and enforced. The judges' considerations contained in the decision of the case need to be questioned in relation to the protection of victims, as well as the tendency of judges to fulfill juridical, philosophical and sociological aspects in legal considerations as the basis for their sentences.Proof of the crime of rape is carried out by the forensic test method, namely visum et repertum. The result of the Visum et Repertum (VeR) is one of the valid evidences and is accepted by the District Court in Indonesia in handling cases of rape. VeR is carried out by doctors who have forensic expertise and the VeR test is a judge's consideration in deciding.Key words: Forensic, Test, Visum, Court, Rape

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