Alauddin Law Development Journal (ALDEV)
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.
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333 Documents
<![CDATA[Problematika Pemberian Diskresi dan Impunitas kepada Pemerintah Terkait Kebijakan Keuangan Negara dalam Penanganan Pandemi Covid-19 ]]>
<![CDATA[Saharuddin]]>;
<![CDATA[Asmar, Abd. Rais]]>;
<![CDATA[Natsif, Fadli Andi]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.21423
<![CDATA[This study analyzes the use of discretion and impunity in the management of state finances during the COVID-19 pandemic. The results showed that regulation No. 1 of 2020 which became law No. 2 of 2020 is contrary to the principle of the rule of law because it abolishes criminal and civil sanctions for officials who harm the state. This has implications for the state budget. Normative research with data collection from library sources was used in this study. Overall, this study concludes that discretion and impunity in the management of state finances during the COVID-19 pandemic are contrary to the principles of the rule of law and have an impact on the state budget.]]>
<![CDATA[Perlindungan Hukum Terhadap Anak yang Diterlantarkan ]]>
<![CDATA[Utami, Rifka Aulia]]>;
<![CDATA[Jumadi]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.21469
<![CDATA[Children are a mandate and a gift from Almighty God, which is inherent in their dignity and their dignity as a whole human being. Children need special handling, but not all parents who sincerely accept children and give love. Parents sometimes don't care about parents' lack of care and affection for their children. Few parents accept disabled children with a sincere heart. This has caused many cases of parents who have abandoned their children. The method of this research is a normative legal research aiming to find and formulate legal arguments, through the analysis of the main problem. The technique of collecting legal documents is done by studying literature. The approach used in this study is the statutory approach, in particular by examining the legal rules applicable with regard to the legal protection of children abandoned by their parents. Interviews were conducted at the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in the city of Makassar, as support and to refine the normative analysis.]]>
<![CDATA[Pelaksanaan Pelayanan Publik di Bidang Pendidikan sebagai Implementasi Kebijakan Otonomi Daerah di Kabupaten Gowa ]]>
<![CDATA[Sukma, Nur Ichsan]]>;
<![CDATA[Jayadi, Ahkam]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.21499
<![CDATA[The main problem of this research is how public services in the field of education in Gowa Regency. The subject matter is then included in several subproblems or research questions, namely: 1) how is the implementation of the public in the field of education as the implementation of regional autonomy policies in Gowa Regency?, 2) What are the factors that affect the performance of the Education Office in implementing public services as the implementation of regional autonomy policies in Gowa Regency?. The results of this study indicate that: 1) Public implementation in the field of Education as the implementation of regional autonomy policies in Gowa Regency is good because the government first designs all programs that will be carried out later. 2) The factors that influence the performance of the Gowa Regency Education Office in carrying out the implementation of regional autonomy are due to several factors including the organizational structure factor and the public service apparatus.]]>
<![CDATA[Implementasi Peraturan Daerah tentang Bangunan Gedung dan Surat Keputusan Bersama 2 Menteri terhadap Pembangunan Rumah Ibadah Non-Muslim di Kabupaten Jeneponto ]]>
<![CDATA[Rifat, Andi Muh. Iqrah]]>;
<![CDATA[Marilang]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.21754
<![CDATA[Implementation of Regional Regulation No. 3 of 2014 concerning Buildings and the Joint Decree (SKB) of 2 Ministers on the Construction of Non-Muslim Houses of Worship by describing some of the results of the research while on site. This research in Kec. Binamu Kab. Jeneponto, field research with an empirical approach which is one of the research methods that uses descriptive data in the form of words from related parties which is then supported by various literary sources from books, journals, articles, theses and other written works. The results obtained by the author in this study Implementation of Ministerial Decree No. 2, 8 and 9 of 2006 and Regional Regulation No. 3 of 2014 Regarding Buildings, everything has been clearly regulated and has been running properly. Without exception the construction of houses of worship which often triggers conflicts to this day. Even though it is clear that the provisions in the above rules do not distinguish between the construction of Muslim and non-Muslim houses of worship. Because the administrative requirements are the same.]]>
<![CDATA[Tinjauan Yuridis tentang Pengembalian Mahar Akibat Perceraian ]]>
<![CDATA[Adiliah, Nur]]>;
<![CDATA[Erlina]]>;
<![CDATA[Nurjannah, St.]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.21763
<![CDATA[This study aims to analyze the basic legal considerations of judges in judging the case of the return of dowry entirely due to divorce, as well as factors that cause the return of dowry. This study uses the method of library research by collecting data through quoting, adapting, and analyzing the contents of the literature relevant to the problems discussed. The results showed that in the decisions that were used as Case Studies, no judge decided to return the entire dowry given to the husband. This is in accordance with the provisions of Article 35 paragraph (1) KHI which requires the husband to pay half the dowry when mentalaq qabla al-dukhul. The factors that led to the return of the dowry are, among others, arranged marriages by families and disagreements. This research is broadly in accordance with the legislation in force in the religious courts.]]>
<![CDATA[Pembebasan Narapidana melalui Asimilasi dan Integrasi dalam Perspektif Asas Salus Populi Suprema Lex Esto ]]>
<![CDATA[Akmal, Fathurrahman]]>;
<![CDATA[Arbani, Tri Suhendra]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.21913
<![CDATA[This study examines the substance of the KEMENKUMHAM Decree Number M. Hh-19.Pk.01.04.04 of 2020 in the handling of Covid-19, as well as the relevance of assimilation and integration with the principle of "Salus Populi Suprema Lex Esto". Literature research with a conceptual approach is used to analyze legislation and Related Literature. The results showed that the Prevention of the spread of the virus in prisons and detention centers is difficult to implement due to over-capacity conditions. Government efforts are needed to reduce the number of prisoners to maintain their health under the Correctional law. Restrictions on access in and out of Prisons and detention centers are important, while reducing the number of inmates is counterproductive. Prison clusters are evidence of the importance of attention to alarming prison conditions.]]>
<![CDATA[Analisis Perlindungan Hukum Terhadap Konsumen yang Dirugikan dalam Transaksi Jual Beli pada Situs Belanja Daring ]]>
<![CDATA[Ela]]>;
<![CDATA[Solaiman, Eman]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.21925
<![CDATA[This study analyzes the legal protection of consumers who are at a loss in buying and selling transactions on online shopping sites. This research is expected to provide benefits both scientifically in the study of legal science, as well as practically and academically, which can be used as input for writers for those who have a desire to analyze the process of buying and selling online and the responsibility of business actors to consumers. who are disadvantaged in buying and selling transactions on online shopping sites. The research method used in this study is a normative juridical research method, namely research refers to legal norms that exist in legislation, literature, opinions experts, papers. The author analyzes how the responsibility of business actors to consumers who are at a loss in buying and selling transactions on online shopping sites. The law used in this research is Article 7 letter g of the Consumer Protection Act, so business actors are obliged to provide compensation, compensation and/or replacement if the goods and/or services received or used are not in accordance with the agreement.]]>
<![CDATA[Proving of Predicate Crimes in Cases of Money Laundering Crimes ]]>
<![CDATA[Muchtar, Musdayanti]]>;
<![CDATA[Asis, Abd.]]>;
<![CDATA[Muin, Audyna Mayasari]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.35422
<![CDATA[This study aims to analyze the application of law in UURI No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes in proving predicate crimes. The research was carried out using normative juridical research methods using statutory and case approaches. The results of the study show that in the application of Article 69 to the crime of money laundering in the decision, namely Decision Number 43/Pid.Sus/2017/PN.Bir with the defendant Murtala Ilyas Bin Ilyas, has used Article 69 because there was no previous decision related to the predicate crime. As for some of the obstacles experienced in the application of Article 69, namely the potential for the accused to be free from legal bondage, the lack of certain facilities and amenities, and the potential for violating the principle of the presumption of innocence.]]>
<![CDATA[Kebijakan Hukum Pidana Terhadap Kejahatan Penguntitan Berbasis Elektronik untuk Tujuan Seksual ]]>
<![CDATA[Agung Liawi, Aldias]]>;
<![CDATA[Muhammad Sofyan, Andi]]>;
<![CDATA[Adhyanti Mirzana, Hijrah]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.35504
<![CDATA[Problems regarding the regulation of electronic-based sexual violence crimes are unclear and require more detailed elaboration, especially in the case of stalking crimes. The research method is normative legal research and applies two approaches, namely, the Comparative and Conceptual approaches. The results showed that understanding the law itself, especially comparisons that aim to assume equality (there are similarities in various legal systems), has a definite goal that is of course related to the formal way of building the system (reviewing); moreover, it aims to unite one law because it is related to cyberstalking; it is universal and can be reached from various regions, not only in Indonesia. Law enforcement for cyberstalking cases in Indonesia can be linked to provisions in the Criminal Code, the ITE Law, and the Pornography Law. So that the provisions in the TPKS Law that regulate electronic-based stalking for sexual purposes have not yet been implemented.]]>
<![CDATA[Kewenangan Mahkamah Konstitusi Menangani Perkara Pengaduan Konstitusional Melalui Penafsiran Konstitusi ]]>
<![CDATA[Idris, Munawara]]>;
<![CDATA[Bachri, Syamsul]]>;
<![CDATA[Naswar]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 5 No 2 (2023): ALDEV ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v5i2.35592
<![CDATA[Constitutional complaints aim to improve checks and build a good and clean government. The Constitutional Court often rejects constitutional complaints that come in on the basis of a lack of authority. However, the Constitutional Court sometimes accepts constitutional lawsuits and even grants these requests using interpretation according to the power of The Sole Interpreter of the Constitution. Therefore, the problem raised is how the interpretation is carried out by the Constitutional Court so that it can accept a constitutional lawsuit without making changes to the constitution. This study uses normative research methods with statutory, conceptual, historical, and comparative approaches. The results of this research show that through the Judicial Review window, the Constitutional Court can resolve cases of constitutional complaints using the interpretation of indicator analogies. Because the Constitutional Court may not reject a case submitted to it on the basis of the Ius Curia Novit principle.]]>
