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Alauddin Law Development Journal (ALDEV)
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : 27148742     EISSN : 26863782     DOI : https://doi.org/10.24252
Core Subject : Humanities, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
ALAUDDIN LAW DEVELOPMENT JOURNAL (ALDEV) IS A PEER-REVIEWED JOURNAL PUBLISHED BY FACULTY OF SYARIAH AND LAW, ALAUDDIN STATE ISLAMIC UNIVERSITY. ALDEV PUBLISHED THREE TIMES A YEAR IN MARCH, AUGUST, AND NOVEMBER. THIS JOURNAL PROVIDES IMMEDIATE OPEN ACCESS TO ITS CONTENT ON THE PRINCIPLE THAT MAKING RESEARCH FREELY AVAILABLE TO THE PUBLIC SUPPORTS A GREATER GLOBAL EXCHANGE OF KNOWLEDGE. THE AIMS OF THIS JOURNAL IS TO PROVIDE A VENUE FOR ACADEMICIANS, RESEARCHERS, AND PRACTITIONERS FOR PUBLISHING THE 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 CRIMINAL LAW, CIVIL LAW, INTERNATIONAL LAW, CONSTITUTIONAL LAW, ADMINISTRATIVE LAW, ISLAMIC LAW, ECONOMIC LAW, MEDICAL LAW, ADAT LAW, ENVIRONMENTAL LAW AND ANOTHER SECTION RELATED CONTEMPORARY ISSUES IN LAW.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
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Search results for , issue "Vol 4 No 1 (2022): ALDEV" : 20 Documents clear
Peran Pendidikan Seksual “Sex Education” Anak Usia Dini Sebagai Upaya Preventif Atas Tindak Pidana Seksual Erna Muchlis; St. Nurjannah
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.16783

Abstract

In this research is carried out with the aim of knowing (1). What is the Role of Sexual Education as a Preventive in Early Childhood Protection from Sexual Crime in the East Luwu District (2). How the Legal Provisions About Sexual Crimes in Early Childhood in Positive Law. This research is classified as an empirical juridical or field research. The data source of this research is primary data and secondary data by conducting interviews at the East Luwu Police and documentation. The data analysis technique used is qualitative analysis, namely analyzing data by describing in detail the state or reality of an object in the form of a sentence in order to provide a clearer picture and it is easy to draw a conclusion. The results showed that (1). The role of sexual education as a preventive in protecting early childhood from sexual crimes comes from the family environment, school, and the environment around the child (2). The legal provisions regarding sexual crimes in early childhood in positive law have been regulated by the Law on the Criminal Act of Sexual Violence against Children in terms of Law Number. 35 of 2014 concerning Child Protection and also the Application of Criminal Sanctions against Perpetrators of Sexual Violence Against Children.
Kekuatan Keterangan Saksi Verbalisan Ditinjau Dari Segi Pembuktian Alfian Alfandi; Fadli A. Natsif
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.16947

Abstract

This study aims to determine how the position of verbalized witnesses in the Criminal Procedure Code, and also to find out what factors caused verbalized witnesses to be presented in the trial process and to find out how the strength of evidence against verbalized witness statements was carried out in the Makassar District Court, using research methods qualitative field method by going directly to the field by conducting interviews with judges, besides that the author also takes a theoretical basis by studying books, scientific works, articles and laws and regulations relating to the title of the thesis and the problem of the object of research. The results of the research obtained are: 1) The position of verbal witnesses is not regulated in the Criminal Procedure Code but regarding the meaning of verbal witnesses, namely the judge takes the legal basis from the decision of the Constitutional Court Number 65/PUU-VIII/2010. As the legal basis for verbal witnesses. 2) Factors that cause verbal witnesses to be presented in the trial process because the defendant or witness denies his actions or does not admit the mistakes contained in the Investigation Report. (BAP).
Implementasi Pemenuhan Hak Tersangka Pada Tingkat Pemeriksaan di Polsek Panakkukang Muhaimin Malaba; Marilang
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.16973

Abstract

The rights of suspects are part of Human Rights (HAM). In the criminal justice system, investigators who examine suspects (who should be suspected of committing a criminal act) must position the suspect as a subject of criminal investigation (not an object) based on the principle of presumption of innocence and with all rights that must be fully respected, protected and fulfilled by investigators. for the sake of creating legal certainty (equality before the law). This is what must be understood and guided in every law enforcement for all parties involved in the process of examining criminal acts so that the examination process by means of the inquisitor or inquisitorial system does not recur.
Tanggungjawab Pengelolaan Objek Wisata Terhadap Kecelakaan Wisatawan Didaerah Objek Wisata Aswad Andika Putra; Muh. Amiruddin
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.16987

Abstract

The results of this study indicate that the management of tourist objects feels that they are based on Regional Regulation No.3 of 2017 concerning the Withdrawal of Retribution for Recreation and Tourism Objects, namely SOP / operational costs are borne by the tourism office, then all entrance fees to tourist attractions, gasebo tickets, and the toilets are deposited daily to the treasurer for the tourism office's income for 24 hours, then from the revenue treasurer deposits to the regional treasury, the tourism office employs honorarium workers who have their respective duties, including working in lockers, guarding the gasebo, and maintaining toilets and other officers who hired as cleaning and security officers, as well as providing paramedics and SAR teams and working with the PM and the police on certain days such as holidays. The form of responsibility given by the manager of a tourist attraction who has an accident will be given health facilities by the tourism office while those who die in the world will be given a grant if they apply for assistance to the tourism office, but only local tourists who have a KTP / KK Bantaeng Regency can receive grant assistance while tourists outside the region are only provided with health facilities.
Efektivitas Pelaksanaan Pemberhentian Kepala Desa Menurut Undang-Undang Tentang Desa Nurul Muammar; Ade Darmawan Basri
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.16992

Abstract

This study is entitled Effectiveness of Village Head Dismissal According to Law Number 6 of 2014 concerning Villages (Case Study of Bontosunggu Village, Bontoharu District, Selayar Islands Regency) which aims to determine the reasons for dismissing and how to implement the dismissal of the village head in Bontosunggu Village, Bontoharu District, Selayar Islands Regency. The type of research used is juridical-empirical research, in other words, sociological legal research and can also be called field research, which examines applicable legal provisions and what happens in reality in society. The results of this study indicate that, the reason for the frequent dismissal of the Village Head in Bontosunggu Village, Bontoharu District, Selayar Islands Regency is the first to die. Because the deaths that came unexpectedly made one factor into the vacant position in the village government which ended in dismissing and appointing a new village head to fill the void. And the second is the misuse of village funds, which sees the village budget which is quite a lot to make some people tempted to use every budget that goes to the village for personal interests and benefits which can have a negative impact on state finances, especially villages. And to achieve the effectiveness of a law, of course, requires awareness of the parties who will carry out each of these statutory regulations. For example, in the case of dismissing the village head, which of course cannot be stopped arrogantly, but has been regulated in statutory regulations and several other regulations such as regional regulations, domestic ministerial regulations and other regulations. In the statutory regulations, the procedure for dismissing the village head has been explained, starting from reporting to examining the village head concerned before it is decided to be dismissed.
Tinjauan Hukum Konsep Hak Menguasai Negara Dalam Penetapan Kawasan Hutan Ahmad Maulana Anha; Eman Solaiman
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.17017

Abstract

Article 570 of the Civil Code, which is still in use today, also states that "property right is the right to enjoy the use of something material freely, and to act freely on that material with full sovereignty". Other norms also emphasize ownership rights over land, as stipulated in article 571 of the Civil Code which reads "title to a plot of land contains ownership of everything on it and in the land". Seeing the above legal rules clearly reinforce the legal protection of the civil rights of the Indonesian people, especially for the Pattapang people who cannot be contested over lands that have been cultivated and controlled for generations, which have the status of ownership rights and are unilaterally claimed in SK 434 of stipulating forest areas in urban villages. Pattapang, Tinggimoncong District, Gowa Regency. This research was conducted to find out how the concept of the law of the right to control the State in the decree of forest area determination No. 434 in the Patappang village, Kab.gowa district. To minimize some of the legal problems that exist in the process of implementing the State's Right to Control in determining the location of forest areas, it is necessary to pay attention to the rights of the people living in the vicinity of the forest area to involve the community in the discussion process up to the determination of the location of the forest area. So that the principle of openness and even more so, the principle of democracy becomes part of every rule to be established. If indeed the State and its apparatus continue to make similar mistakes, seize people's living space on the pretext of rules and public interests, and do not care about the lives of their people, then it is necessary to ignore what they call rules and return to activities such as ordinary but not forgetting to prepare for resistance if at any time the State re-criminalizes the community. In the word of Allah S.W.T in surah Ar-Ra'd verse 11 it reads. Verily, Allah will not change the condition of a people before they change their own condition.
Tinjauan Yuridis Aplikasi Sistem Keuangan Desa di Kabupaten Gowa Ahmad Zulfikar; Kasjim Salenda
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.17049

Abstract

The law provides a more certain guarantee that each village will receive funds from the government through the State and Regional Budgets, which are many times higher, far above the amount currently available in the village budget. The village budget distributed from the center has recently been misused because of the lack of understanding by village officials in managing the budget. So that the budget that had been expected to be used to advance the village was misused by certain elements. In order for the Village Fund Budget (ADD) to achieve the desired goals and be realized properly, in accordance with the mandate of the Law, of course, a planning mechanism, distribution, use, reporting and accountability and supervision of Village Fund Allocation is needed. This has prompted the government together with the Ministry of Home Affairs and BPKP to encourage accountability for village financial management by developing village financial management applications through the village financial system (Siskeudes). The Village Financial System (Siskeudes) application was developed jointly between the Financial and Development Supervisory Agency (BPKP) and the Ministry of Home Affairs (Kemendagri). How to Manage Finance Using the Siskeudes Application Based on Legislation and the Effectiveness of Village Financial Management Using the Application.
Tinjauan Kriminologi Terhadap Pemerkosaan Akibat Perilaku Seks Bebas di Kalangan Remaja A. Nurfachrul Ismail; Tri Suhendra Arbani
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.17114

Abstract

This study raises one problem of juvenile delinquency. Wearing teens, which is usually only done in big cities, now includes small areas, such as Sinjai District. In Sinjai itself, juvenile delinquency is increasing day by day, the sense of knowledge and the culture of wanting to be said makes teenagers seem to want to compete in doing, the most dangerous thing committed by teenagers is the act of rape due to promiscuity. The act of rape has been regulated in Article 285 of the Criminal Code and Article 81 paragraph 1 of Law no. 22 of 2002 concerning Child Protection. The purpose of this study was to look at the factors that influence free sex behavior in adolescent groups and to measure the measures taken to reduce rape due to casual sex among adolescents. The type of research used is descriptive qualitative in which the research generally describes the object discussed in accordance with the data obtained through interviews and others using the Sociological Normative approach. The data sources used in this research are primary and secondary, then the information method used is to collect good data through interviews, books, magazines, websites, and documents.
Urgensi Pembentukan Lembaga Eksekutor dalam Eksekusi Putusan Pengadilan Tata Usaha Negara Nurfajrin Ramadhan; Nila Sastrawati
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.17147

Abstract

The subject of this research reinforces the concept of the governance of the state by wich the verdict should be executed by any state governance body and the limitation of presidential authority as authorized in executing every judicial decision of state governance in accordance with the statement of 116 verse 5 (5) the 1986 article no. 5 The comprehensive author seeks to review and analyze several decisions in the state governance courts that are not yet fully impelemented and analyze the presidential commission mechanism in executing a state ordinance ruling that should be indifferent to the ruling and a juxo philosophical comparison of the 1986 no. 5 act on the judicial system of state, The 2004 act no. 9 on the first change to act no. 5 in 1986 on the second change to act 5 in 1986 on the state administrative judicial being derivated throught several points: 1) How should a judicial decision in a state governance court be carried out?, 2) What are the limits of the authority of the executioners in the execution of the state ordinance judicial decisions?. The type of research used in this study is the normative-based library (library research). Legislation as a primary source and various literature derived from books, journals, papers, scripts, as well as articles secondary to the conceptual approach. The study suggest that: 1) The absence of executioners in executing individual state governance judicial decisions leaves many officials who have not carried out the ruling. 2) The president’s authorization to execute each judicial decision of state enterprises also does not have a positive effect on the administration of state governance. As for the implications the author gets: 1) The need for an executive body to be formed in executing judgement rulings of state enterprises that are obliged to impose and oversee whether the ruling is ignored by state adminisitrators or not. 2) The need for the ruling to be carried out by the official/administration of the state after amar verdict has been read by the judge to make sure that the certainly of the law as the goal of the law is realized.
Tinjauan Yuridis tentang Kedudukan Anak dari Perkawinan Siri di Kabupaten Bulukumba Nining Safira Sari; M Thahir Maloko
Alauddin Law Development Journal (ALDEV) Vol 4 No 1 (2022): ALDEV
Publisher : Law Department, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v4i1.23979

Abstract

Penelitian ini bertujuan untuk mengetahui bagaimana kedudukan anak dari perkawinan siri di Kabupaten Bulukumba. dan untuk mengetahui bagaimana bentuk perlindungan hukum terhadap anak dari perkawinan siri. Penelitian ini menggunakan penelitian yuridis normative dan yuridis empiris. Pendekatan yuridis normatif adalah pendekatan penelitian menggunakan kepustaakaan (library research) yang memperoleh data sekunder yang meliputi buku-buku literature, peraturan perundang-undangan, dokumen-dokumen resmi dan lain-lain. Sedangkan pendekatan yuridis empiris adalah pendekatan yang digunakan untuk memperoleh data primer yang meliputi data langsung dari lapangan dengan melihat fakta-fakta dan asas- asas yang berlaku di masyarakat dengan cara melakukan wawancara kepada para narasumber yang bersangkutan dengan materi penelitian. Hasil penelitian ini menunjukkan bahwa bagamaina kedudukan hukum terhadap anak dari perkawinan siri di kabupaten bulukumba yaitu jika anak lahir dari perkawinan sah maka anak tersebut juga sah namun dikatakan sah secara hukum apabila telah ada putusan atau ketetapan dari pengadilan sehingga itulah yang disebut sah secara hukum sedangkan Bagaimana bentuk perlindungan hukum terhadap anak dari perkawinan siri. Indonesia sebagai Negara hukum telah mengatur Undang-undang tentang perkawinan yang tertuang dalam Undang-undang Nomor 1 Tahun 1974 (UU Perkawinan), dilengkapi dengan peraturan pemerintah Nomor 9 Tahun 1974 yaitu tentang pelaksanaan Undang-Undang Nomor 1 Tahun 1974 tentang perkawinan (PP No. 9 Tahun 1975), dan intruksi Presiden Nomor 1 Tahun 1991 tentang Kompilasi Hukum Islam (KHI) dan peraturan-peraturan lainnya mengenai perkawinan. Dalam pasal 1 Undang-Undang No 1 Tahun 1974, perkawinan ialah ikatan lahir bathin antara seorang pria dengan seorang wanita sebagai suami istri dengan tujuan membentuk suatu keluarga ( Rumah Tangga) yang bahagia dan kekal berdasarkan Ketuhanan Yang Maha Esa.

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