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.
Articles
333 Documents
<![CDATA[Marriage Cancellation Due to Coercion from Marriage and Islamic Law Perspectives ]]>
<![CDATA[Vinabilah, Vanisa]]>;
<![CDATA[Kusmayanti, Hazar]]>;
<![CDATA[Nasution, Fatmi Utarie]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.49175
<![CDATA[This study analyzes preventive and repressive legal protection for injured parties in marriages carried out on the basis of coercion in relation to marriage law and Islamic law. The methods used were the juridical normative. The results showed that preventive and repressive legal protection is very important in preventing and handling cases of marriages carried out based on coercion and threats. Preventive protection, such as counseling to the community, pre-marital guidance by the KUA, and the role of the family in increasing awareness of the right to freedom in choosing a life partner. Implementing repressive measures such as filing for marriage annulment and reporting criminal acts based on threats is essential to ensure justice for victims. There must be legal safeguards that guarantee that all marriages are based on the voluntary consent of the bride and groom, as expressly stated in the marriage and Islamic compilation law.]]>
<![CDATA[A Review of International Criminal Law on Human Rights Violations to The Rohingya Ethnicity ]]>
<![CDATA[Tisna Amidjaja, Ryigen]]>;
<![CDATA[Dasuki]]>;
<![CDATA[Putra Zenno Januarsyah, Mas]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.49895
<![CDATA[The Rohingya ethnic minority faces discrimination as a result of the policies and actions of the Myanmar government. This discussion will centre on the delineation of violations and the manner in which international law evaluates human rights transgressions perpetrated against the Rohingya ethnic group in Myanmar. The research methodology employed in this study is a normative juridical approach, specifically utilising legal ideas and norms that are applicable in broader society. The legal materials utilised encompass elementary, secondary, and tertiary legal sources. The grave human rights atrocities that took place in Myanmar can be categorised as international crimes, specifically genocide and crimes against humanity. These violations satisfy the significant standards of mass murder, widespread prejudice against religious minorities, and intentional targeting of specific ethnicities and communities. The crimes mentioned are delineated in articles 6 and 7 of the Rome Statute, which are under the purview of the International Criminal Court (ICC).]]>
<![CDATA[The Validity of Boarding House Rental Agreements from Civil Law Perspectives ]]>
<![CDATA[Rachman, Rahmia]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.51228
<![CDATA[Tenants of boarding houses generally make rental agreements informally; in fact, the situation tends to be weak, so legal protection is needed. The purpose of the research is to determine the validity of the room rental agreement and to understand the legal protection for tenants of boarding houses. The research method used in this study is normative juridical. The results of the study indicate that the validity of the room rental agreement is valid and binding on the parties if the agreement meets the requirements for a valid contract based on Article 1320 of the Civil Code, even if it is in an unwritten form. Legal protection for tenants of boarding houses includes preventive legal protection, paying the rental price and returning the room in good condition. Repressive legal protection applies if there is loss or damage in the boarding room caused by the negligence of the tenant.]]>
<![CDATA[The Urgency of Amicus Curiae in The Indonesian Law (A Case Study of the 2024 Presidential Election Dispute) ]]>
<![CDATA[Sulistyowati]]>;
<![CDATA[Mery, Lisa]]>;
<![CDATA[Maharani, Dewi Nadya]]>;
<![CDATA[Andika, Andi]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.51252
<![CDATA[One of the authorities of the Constitutional Court (MK) is to resolve disputes over general election results. In the 2024 presidential election, the presidential candidate pair Anies Baswedan-Muhaimin and the Ganjar-Mahfud pair filed a lawsuit with the Constitutional Court. This study uses normative research. The results show that many figures have emerged as Amicus Curae, such as Megawati Soekarnoputri, Dien Syamsudin and others. In addition, this Amicus Curae is very important in order to achieve openness and justice in general election disputes in the Indonesian legal system.]]>
<![CDATA[Legal Consequences of Unregistered Fiduciary Guarantee Deeds on The Agreements Validity ]]>
<![CDATA[Rismawati, Irma]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.51297
<![CDATA[This study aims to examine the legal protection of creditors in fiduciary guarantee credit agreements. The method used is normative research. The results show that the provision of legal protection for creditors in the case of unregistered fiduciary credit guarantee agreements begins from the signing of the notarized fiduciary guarantee deed and is then confirmed through registration. Registration of fiduciary guarantees must uphold the principle of publicity and ensure legal certainty for creditors in recovering their debts. The details of the law on unregistered fiduciary guarantee deeds against the validity of the guarantee agreement are the invalidity of ownership of the promised goods. This is caused by notarial deeds that are not consistently documented at the fiduciary registration office or only rely on personal deeds, thus harming the executor of the deed and causing creditors to lose priority rights.]]>
<![CDATA[Community Partnerships Based on Responsive Law as Preservation Strategies in The Dieng Temple Complex ]]>
<![CDATA[Aziz Zaelani, Muhammad]]>;
<![CDATA[Dewi, Nourma]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.51623
<![CDATA[This study addresses the challenges of community partnerships in the conservation of zoning and cultural heritage in the Dieng Temple complex. Using a sociological legal research method, it aims to formulate a partnership model to optimize conservation strategies. The preservation of cultural heritage objects has been marginalized due to factors such as the lack of community involvement, which has not been accommodated by the Cultural Preservation Center of Region X. Synergy with the Banjarnegara Regency Government and the Dieng community is essential. The results show that uncontrolled mass tourism, regulatory issues, and environmental degradation hinder preservation efforts. The proposed partnership model involves community participation, the establishment of a Dieng Temple Area Conservation Information Center, and optimizing the role of the Banjarnegara Tourism Office.]]>
<![CDATA[Dimensions of Judges Independence in The Judicial Process ]]>
<![CDATA[Jufri, Supriadi]]>;
<![CDATA[Yasmin, Muhammad]]>;
<![CDATA[Fitria, Ika]]>;
<![CDATA[Cahyani, Afrilia]]>;
<![CDATA[Adhilia, Lia Trizza Firgitta]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.51651
<![CDATA[This research aims to analyze and criticize the independence of judges in maintaining integrity and social trust in the judicial process. This type of research is normative research. The results showed that factors that can affect the independence of judges in carrying out their duties. Judges in resolving conflicts faced by them must be able to resolve objectively based on applicable law and the concept of judge independence is a fundamental principle in the judicial system which emphasizes that judges must be able to carry out their duties independently, without pressure or influence from any party. The independence of judges is an important prerequisite in maintaining integrity, fairness and trust in the judicial process in a country. The presence of independent judges ensures that the judicial process is transparent, fair, and in accordance with the principles of democracy and the rule of law.]]>
<![CDATA[Ethical and Legal Aspects of Research Involving Animal Subjects in Indonesia ]]>
<![CDATA[Sugihardana, Danang]]>;
<![CDATA[Awandi Putri, Sabrina Diyang]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.51664
<![CDATA[Advances in science often benefit human health but can also involve sacrifices, particularly when animals are used as research subjects. This study explores the ethical and legal aspects of using animals in research, focusing on improving understanding and compliance with animal welfare regulations in Indonesia. The research aims to analyze laws and ethical principles such as the 3R and 5F to ensure humane treatment of animals. Utilizing a normative legal approach and library research methodology, this study evaluates various regulations, including laws, government policies, and institutional guidelines concerning animal welfare in research. The novelty of this research lies in its comprehensive analysis of how legal requirements intersect with ethical considerations, underscoring the need for ethics committees to oversee research practices. The findings emphasize that while animal research is essential for scientific progress, strict adherence to regulations is necessary to protect animals from abuse and ensure ethical research practices.]]>
<![CDATA[Analysis of Similarities in Principle and Resolution Between MS Glow and PS Glow Brand Disputes ]]>
<![CDATA[Aulia Kintamani, Risalatul Putri]]>;
<![CDATA[Wins, Basoeky]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.51764
<![CDATA[This research discusses similarities in essence as regulated in Article 6 paragraph (1) letter b of Law No. 15 of 2001 concerning Trademarks in its explanation regarding the rejection of applications that have similarities in overall terms and conditions of similar goods and services but are detrimental to well-known brands. In this legal research, normative and secondary research is used, including primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by the literature and then analysis techniques are used. The results showed that it is already familiar to the public and the resolution of disputes experienced by the MS GLOW and PSGlow brands is reviewed from Law No. 20 of 2016 concerning Marks and Geographical Indications.]]>
<![CDATA[From Trust to Betrayal: Child Grooming in Indonesia's Legal Framework ]]>
<![CDATA[Faisal, Fitriah]]>
<![CDATA[ Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society ]]>
Publisher : <![CDATA[Department of Law, Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/aldev.v6i3.51780
<![CDATA[This study explores the gaps in Indonesia's legal system regarding child grooming. Through a normative legal research methodology, this study examines both national and international legal approaches to child grooming, highlighting how Indonesia’s current legal provisions inadequately capture the complex and manipulative nature of the crime. The paper also underscores the influence of cultural norms and religious beliefs that obscure the recognition of grooming as a serious form of child exploitation. By comparing Indonesia's laws with those of countries like the United Kingdom, Australia, and the United States. This study emphasizes the need for legal reform in Indonesia to explicitly criminalize child grooming and enhance child protection efforts. The findings reveal a significant need for clearer definitions, preventive measures, and legal accountability to safeguard children from exploitation under the guise of familial consent or cultural practices.]]>
