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Muhammad Ikram Nur Fuady
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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 333 Documents
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Cyber-Sabotage from The Perspective of Information and Electronic Transactions Regulation Agung, Dirga; Andi Dewi Pratiwi
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.42846

Abstract

Most cyber criminals on the internet will be ensnared by Law Number 11 of 2008 concerning Electronic Information and Transactions. The law should offer protection to internet users with good intentions, and provide strict action for cybercrime, especially cyber sabotage actors who disrupt electronic systems and even cause electronic systems to not work properly. Similarly, in Article 5, namely obtaining evidence, there are many obstacles, especially against perpetrators of crimes in Article 33 of Law Number 11 of 2008. Based on the results of the study, it can be concluded that in addition to creating good laws, it also builds the skills of law enforcers to especially find evidence of cybercrime (cybercrime) which is not easy because the crime is in cyberspace by sabotaging the electronic system. In addition, the perpetrators of crimes also hide their identity and the actions they take in cyberspace which is a form of protection.
Application of Good Governance Principles in Land Registration Service in Parigi Moutong Surahman; Wahid, Abdul; S., Irzha Friskanov; Anandy, Widyatmi
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.43330

Abstract

The purpose of this article is to determine and analyze the application of good governance principles in land registration services in Parigi Moutong Regency. The findings showed that the law that covers the land certificate policy states that land can be owned by people either alone or jointly with other people and legal entities. By using empirical juridical research methods and using the theory of the rule of law and general principles of good governance as well as identifying with legal and conceptual approaches. It is concluded that the implementation of good governance in the performance of land registration public services in Parigi Moutong based on regulations can be measured through the elements of productivity, responsiveness and accountability. The element of responsiveness to the implementation of BPN Parigi Moutong's performance still has a less than optimal attitude towards parties applying for land permits.
Legal Protection for Buyers Against Cancellation of The Certificate of Land Rights Due to Administrative Defects Ramadani, Moch Januar; Pujiwati, Yani; Rukmana, Yenni Yunithawati
Alauddin Law Development Journal (ALDEV) Vol 6 No 2 (2024): Government Policy and Its Implementation to Maintain the Stability of the Nation
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i2.44030

Abstract

The purpose of this research is to analyze the position of land rights certificates which were canceled by BPN due to administrative defects related to the status of land rights and legal protection for buyer. This research makes use of a normative juridical approach as its methodology. In this research, it is stated that Land Rights established on Management Rights and then transferred to third parties/buyers without permission from the Management Rights holder can be categorized as genuine but fake certificates (asphalt), so that such certificates are declared administratively defective and must be cancelled. Regarding protection for buyers whose certificates are later cancelled, legal protection can be implemented repressively, namely by the buyer getting compensation for the canceled certificate which should be the buyer's right.
The Legal Protection in The Use of Authentic Deeds in The Patent License Agreements Mulyana, Silvia Sofiatunnisa; Fauza Mayana, Ranti; Gultom, Elisatris
Alauddin Law Development Journal (ALDEV) Vol 6 No 2 (2024): Government Policy and Its Implementation to Maintain the Stability of the Nation
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i2.44063

Abstract

This research examines the urgency of incorporating authentic deeds in patent licensing agreements and formulating such documents to establish legal safeguards that enhance the effectiveness of patent licensing ventures. This study employed a normative juridical approach with analytical descriptive methods. The results showed that the integration of authentic deeds in patent licensing agreements ensures legal certainty for the involved parties, as these deeds serve as conclusive evidence to validate legal actions taken by the parties. Furthermore, authentic deeds act as a deterrent against bad faith actions by preventing parties from disavowing the agreement's contents. Additionally, there are no specific government-mandated formulations for patent licensing agreements. To achieve optimal legal protection, the formulation of an authentic deed in a patent license agreement should encompass aspects such as license exclusivity, limitations on patent usage, annual patent fees, information disclosure clauses, the equilibrium of patent use, sanctions, and dispute resolution.
Interfaith Marriage from a Legal Justice Perspective After The Supreme Court's (SEMA) 2023 Circular Letter Ahmad Faiz Shobir Alfikri; Rahmatullah, M. Azam
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.44215

Abstract

Supreme Court Circular Letter No. 2 of 2023 aims to ensure unity and legal certainty in interfaith marriage. This study used normative methodology. The results showed that from a juridical standpoint, it holds legal recognition and binding force under Law 12/2011 and the Supreme Court Law. Sociologically, it aligns with prevailing social realities. Philosophically, its establishment seeks to foster legal unity and certainty. However, its implementation falls short of optimal due to incomplete fulfillment of legal justice aspects, particularly regarding legal certainty per Gustav Radbruch's perspective and requires evaluation through John Rawls' justice principles, particularly concerning equality.
Menilik Penerapan Teori Hukum Progresif dalam Sengketa Hak Asuh Anak: Analisis Kasus Putusan No. 0334/Pdt.G/2019/PA.Gdt Falah, Mohammad Bachrul; Siswanto; Ikhwan, Muhammad; Yurievna, Gritcenko Lyubov
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.44216

Abstract

Article 105 of the Compilation of Islamic Law grants child custody primarily to the mother, ensuring the child's welfare. However, Decision No. 0334/Pdt.G/2019/PA.Gdt diverges from this, granting partial custody to the father. This research employs Sadjipto Rahardjo's progressive legal theory to analyze the decision. Despite the contradiction with Article 105, the decision embodies progressive legal values. The judge courageously adopts a joint custody model, prioritizing the child's welfare and justice. This approach allows both parents to care for the child, preserving the child's bond with each parent. The research contributes by showcasing how progressive legal principles can shape custody decisions, ultimately enhancing justice.
Legal Protection for Consumers Who Use Electronic Wallets (E-Wallets) As a Means of Payment Asriati
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.44560

Abstract

This research aims to explore and analyze the legal protection of e-wallet applications as a means of payment, as well as factors that influence the use of e-wallets in transactions. The research method used is normative legal research, which relies on the analysis of library materials and secondary data, taking into account the suitability between the theory applied and the relevant legal aspects. The results of this study indicate that to achieve legal protection against e-wallet applications as a means of payment there are two significant things. The first is the legal protection given to customers in cases of data leakage, regulated in Law Number 8 Year 1999 concerning Consumer Protection. Second, the obligations of digital wallet service providers to customers related to financial losses are regulated in Article 7 Letter f of the Consumer Protection Law.
Protection of Human Rights for Minors Against Acts of Sexual Abuse Tjolleng, Arfah; Muhammad Fachri Said
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.44748

Abstract

The state's unequivocal responsibility to safeguard children as victims of violence, particularly sexual abuse, is imperative due to their pivotal role in future development. The study method used the normative way. The research findings aim to serve as a guide for crafting policies aligning with national law, contributing positively to legal science by addressing material and formal legal aspects, as well as enhancing victim protection and recovery. The prevalence of unsettling acts of sexual harassment underscores a pressing need for vigilant attention. Child victims of sexual violence endure profound psychological impacts, ranging from mild to severe trauma, leading to a loss of self-confidence, shame, and, tragically, suicide in some cases. This study delves into child protection policies in Makassar, Indonesia, scrutinizing shortcomings in addressing sexual crimes against minors. Therefore, legal innovations for enhanced handling of such cases, ensuring justice for the victims and fostering societal balance are needed.
The Role of a Notary in the Establishment of A Limited Liability Company After the Job Copyright Law Enactment Destesa Yuna Fahira; Mahmudah, Siti
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.44846

Abstract

This study aims to analyze the role of notaries in the establishment of limited liability companies after the enactment of Law Number 11 of 2020 regarding job copyright law. This research used normative. The results showed that before the ratification of Law Number 11 of 2020, the establishment of a limited liability company must be done through a notary deed. Article 153A, paragraphs (1) and (2), is a new article in Law Number 40 of 2007 after the enactment of Law Number 11 of 2020. The article specifies that a company that meets the criteria for micro and small enterprises can be established by one person electronically to the Minister based on a statement of establishment. Thus, with these changes, the establishment of an individual company that falls into the category of micro and small enterprises no longer requires a notary deed.
Ambivalence in The Regulation of Indigenous Peoples' Rights in Indonesia's Legal Hierarchy Andika Prawira Buana; Arsy , Muhammad
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Department of Law, Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.44923

Abstract

The recognition and protection of indigenous peoples in Indonesia remain uncertain due to the absence of ratified laws specifically addressing their rights. This lack of legal instruments undermines their recognition and protection, leading to uncertainty regarding their traditional rights. This article aims to identify potential arrangements for derivative regulations to address this gap. Normative legal research, employing a legislative and conceptual approach, was utilized. The findings suggest that while legal recognition of indigenous peoples exists in various laws, regional regulations tailored to local conditions are necessary. However, there's no consensus on which regulations should serve as the basis for these regional laws. Recommendations propose that the Agrarian Law, Human Rights Law, Village Law, and Job Creation Law could inform regional regulations to recognize, protect, and fulfill the traditional rights of indigenous peoples, thereby mitigating dualism of authority.

Page 28 of 34 | Total Record : 333

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