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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 334 Documents
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Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle Prihandini, Nadia Aurynnisa; Priyono , Ery Agus
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.v6i1.45452

Abstract

This research investigates the considerations necessary for creating a fair standard contract and implementing the principle of freedom of contract. A standard contract, typically drafted by one party with predetermined terms, is crucial in commercial transactions. Despite the principle of freedom of contract, ensuring fairness for all parties involved remains a challenge. The method employed is normative juridical research, utilizing secondary data sources. The findings showed that the standard contracts may not violate the principle of freedom of contract outlined in Article 1320 and Article 1338 of the Civil Code, conflicts may arise, particularly due to restrictive clauses like exoneration clauses. Parties have the right to review the contract and accept or reject its terms. However, disparities persist in standard contract formation, highlighting the need for further examination of their fairness and compliance with legal principles
Efforts to Combat Criminal Acts of Unlicensed Cosmetics Distribution in Makassar City Sutiawati; Jasmaniar
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.v6i1.45608

Abstract

This empirical legal research aims to investigate the causes of crimes related to the circulation of cosmetics without distribution permits in Makassar City and propose countermeasures. Conducted at the Sub Directorate 1 of Trade Industry of the Special Criminal Investigation Directorate of South Sulawesi Police and the Makassar Food and Drug Monitoring Center (BPOM), the study utilizes primary data gathered through informant interviews and secondary data from various sources like laws, regulations, and research findings. Factors contributing to these crimes include inadequate supervision, high permit costs, slow processing, aggressive marketing, competitive pricing, and the allure of fast cosmetics. Countermeasures involve Pre-Emptive, Preventive, and Repressive strategies. However, obstacles such as insufficient witness participation, difficulty accessing expert assistance, limited investigator resources, budget constraints, and inadequate infrastructure hinder these efforts.
The Use of Oath Evidence and Its Implementation (Study in Surakarta Religious Court): English Wibowo , Muhammad Kurniawan Budi; Kurnia Pradana, Aditya Fajri
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.v6i2.46251

Abstract

The evidence of the oath considering that the oath is directly related to God, then all the risks and consequences that arise will be felt alone to the reciter of the oath. What makes the most basic problem is that oath evidence is set at the end of various other evidence. The method of approach in this research is normative juridical, which is legal research conducted by examining library materials / secondary data as a basis for research by conducting a search for regulations related to the issues discussed. The results of research on oaths in Islamic law are the fulfilment of Allah's commandments that have a strong foundation. The oath by which one party binds the other party to the decision of a case, which is made orally in the presence of the opposing party and before the judge in the ongoing trial, is called the deciding oath/dicissoir.
Exploring Employment Rights for Individuals with Disabilities: A Cross-National Comparative Analysis in The Context of Fair Competition and Sustainable Development Goals Rianda Dirkareshza; Sahda Saraswati Akbar; Gilang Abi Zaifa
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.v6i2.46473

Abstract

Disabilities are defined as people who show functional difficulties along with the obstacles present from the social environment so as to limit their participation in society. This research aims to provide insight for policy makers, practitioners, and organizations that care about the rights of workers with disabilities in developing and improving existing regulations and policies. This study uses a comparative legal research method that compares existing regulations in Germany, Canada, Australia, Japan, and the US with existing regulations in Indonesia through a statutory law research and a conseptual approach. The novelty in this writing is to conduct a comparative study of the rights of workers with disabilities from 4 continents, especially with 6 different countries to create ideal regulatory and policy concepts that can be implemented in Indonesia. However, Indonesia itself has created a Disability Vocational Training Center (PPVD) which aims to empower disabled workers to welcome an inclusive Indonesia.
Analysis of The Prospects for The Implementation of The Customary Land Registration System: Benefits and Legal Issues Salam, Safrin; Sari, Rizki Mustika; Nurcahyo, Edy; Izu, Cynthia C.; Syahrul; Tonny, Fajrin
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.v6i2.46518

Abstract

The existence of Permen ATR/KBPN No. 14 of 2024 regulates the customary land registration system in Indonesia. The purpose of this research is to analyses the customary land registration system and conceptually analyses the legal certainty of the issuance of customary land certificates. This type of research is normative legal research. The approaches used in analyzing in this research are legislative approach, case approach and concept approach. The results showed that the customary land registration system has been regulated in Permen ATR / KBPN No. 14 of 2024, in this legal provision it is regulated that customary land can be controlled in the form of management rights decisions and property rights certificates while the legal certainty of the issuance of customary land certificates according to Permen ATR / KBPN No. 14 of 2024 still encounters problems in terms of legal concepts.
Constitutional Court Decision Influence on The Role of Notaries in Legalisation of Marriage Agreements and Third Parties: - Edenela, Kirana; Busro, Ery Achmad
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.v6i2.47116

Abstract

The Constitutional Court Decision Number 69/PUU-XIII/2015 has changed the norms. The agreement is valid from the start of the marriage if the husband or wife do not decide when it takes effect. The notary has additional authority to ratify marriage agreements that conflict with Article 16 (1) UUJN. The research uses qualitative research with normative juridical research, collecting data from laws, books, theses, and journals. The results showed that the third parties who make marriage agreements in the form of a notarial deed, ensuring the contents do not conflict with applicable norms and cannot be changed at will by the husband or wife. The notary is expected to request an inventory list of assets acquired in the marriage bond and make a statement that these assets have never been transacted in any way or form.
Normative Review of The Dissolution of Limited Companies Proposed by Shareholders Dana Arta, Erlangga; Putri, Aju; Janti
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.v6i2.47885

Abstract

This study explains the legal framework governing the dissolution of Limited Liability Companies in Indonesia based on the Limited Liability Company Law (UUPT), with an emphasis on proposals encouraged by the General Meeting of Shareholders (GMS). Acknowledging the multifaceted nature of dissolution, this research emphasizes its far-reaching impact on employees, creditors, and society at large. The normative juridical approach is a methodological framework based on primary legal sources, which includes a comprehensive review of theories, concepts, legal principles and statutory regulations related to the subject matter under study. The legal consequence for a Limited Liability Company (PT) that does not undergo a liquidation process is that the company's continued existence remains, so that it is subject to ongoing legal obligations and administrative requirements which can result in sanctions and fines, while the inability to terminate legal entity status can complicate taxation issues. , licensing, and corporate governance.
Legal Protection for Victims of Crimes of Abuse That Result in Serious Injuries: A Human Rights Perspective Ismail, Naufal; Gagarin Akbar, M. Gary; Abas, Muhamad
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.v6i2.48253

Abstract

Human Rights (HAM) are inherent rights that every person possesses from birth and must be respected by all individuals. In the case of decision number 467/Pid.B/2022/PN.Dpk., the victim of the abuse did not receive their due rights for the suffering and losses endured. This study employs a normative legal research method with a juridical normative approach to analyze human rights theories and relevant legislation concerning legal protection for victims of criminal acts in Indonesia. The findings reveal that such acts of abuse violate human rights values ​​enshrined in both national and international regulations. The state plays a crucial role in restoring the human rights of victims to ensure legal protection and justice. Legal protection should include judges' understanding of victims' rights, including the application for restitution and compensation, as well as the merging of criminal and civil cases.
A Comparison of Liability Between Partners in a Civil Partnership and Partners in a Firm Sharfina, Nurul Hulwanita
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.v6i2.48285

Abstract

The research aims to examine the distinctions in liability between partners in civil partnerships and those in firms, while exploring the legal implications of the partnership establishment from the Civil Code perspective. The research was a normative juridical approach with legislative and used the qualitative analysis. The research found that the necessity for civil partnerships to adhere to the guidelines outlined in Regulation No. 17 of 2018. While aligning a civil partnership's name with Regulation No. 17 of 2018 does not alter partners' liability towards third parties to mimic that of firm partners, it highlights the unique management and liability characteristics distinguishing civil partnerships from firms. Consequently, there exist discrepancies in partner liability towards third parties: in civil partnerships, liability pertains solely to members involved in legal actions and is personal, whereas in firms, liability is shared among all partners.
Legal Protections for Limited Liability Company Shareholders with Mental Health Disorders Fakhri M, Rivaldo
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.v6i2.48317

Abstract

Minority shareholders, including those suffering from mental illness, frequently encounter numerous obstacles in securing adequate legal protection. The study employs a normative juridical method with a statutory approach to address its objectives. The results showed that the shareholders can file direct lawsuits against the company or derivative lawsuits on behalf of the company if the directors or management engage in unlawful activities that infringe on their rights, as outlined in the corporation law. They can also initiate lawsuits against the company in cases of loss or psychological harm. In situations where the company suffers a loss, the right to sue belongs to the company itself, not to the minority shareholders, reinforcing a bias towards the directors over minority shareholders, including those with mental disorders, since the directors are authorized to represent the company in legal matters.

Page 29 of 34 | Total Record : 334

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