cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
M. Saoki Oktava
Contact Email
m.saokioktava@gmail.com
Phone
+628175717689
Journal Mail Official
jmuhakkamah@gmail.com
Editorial Address
Jl. Kaktus No. 1-3 Gomong Kec. Mataram, Kota Mataram, Nusa Tenggara Barat
Location
Kota mataram,
Nusa tenggara barat
INDONESIA
Jurnal Muhakkamah Fakultas Hukum Universitas Nahdlatul Wathan Mataram
Published by Universitas Nahdlatul Wathan Mataram
ISSN : 2528651X     EISSN : 25988042     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Muhakkamah adalah jurnal ilmiah  dibidang Ilmu Hukum yang diterbitkan oleh Unit Jurnal Fakultas Hukum Universitas Nahdlatul Wathan Mataram. Jurnal Muhakkamah memilki muatan berupa hasil-hasil penelitian dan review di bidang kajian hukum yakni Hukum Tata Negara, Hukum Pidana, Hukum Perdata, Hukum Ekonomi atau Hukum Bisnis, Hukum Islam, Hukum Internasional, Sosiologi Hukum, Sejarah Hukum, Perbandingan Hukum, serta berisi tentang bidang kajian yang berkaitan dengan Hukum dalam arti luas. Diterbitkan dua kali setahun pada Bulan Juni dan November.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
MARRIAGE COUNSELING (Studi Terhadap Peran Badan Penasihatan, Pembinaan, dan Pelestarian Perkawinan dalam Membentuk Keluarga Samara) Suparlan, Suparlan
Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Islam encourages a person, both male and female, to marry if he already has material and mental readiness (psychic). The suggestion is basically as a form of maintaining Islam for human glory. In the sense of the word, marriage - as the initial door to forming a family - is something that has always been a desire for everyone, both men and women. Because, with marriage, men and women can get along nobly in family life as beings who have glory. BP-4 as an official marriage counseling institution in Indonesia on the one hand has an important and large role in forming a sakinah, mawaddah, and rahmah family. But on the other hand, the existence of BP-4 is still not optimal. That is caused by various aspects, both aspects of legal substance, legal structure, and legal culture. Thus, according to the speaker, in the future it may be necessary to have maximum cooperation between BP-4 as a Family Counseling Agency with the Social Service and BKKBN, or other agencies to create a prosperous, prosperous and healthy family. In addition, Non-Government Family Counseling Institutions are needed as BP-4 partners to maximize the duties of BP-4 itself.
EKSISTENSI PENGHUBUNG KOMISI YUDISIAL NUSA TENGGARA BARAT DALAM MELAKUKAN PENGAWASAN KODE ETIK HAKIM Habibi, Habibi
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study intends to find out the existence of the West Nusa Tenggara judicial commission (PKY) liaison in maintaining and overseeing the behavior of judges. The method used by the writer is juridical-normative. The results of this study can be concluded that in general PKY is a supporting institution under the Judicial Commission (KY). PKY is included in an additional supporting institution. This is based on Article 24B of the 1945 Constitution which gives authority to KY to form a supporting institution. The liaison officer of the West Nusa Tenggara Judicial Commission has the duty to receive public reports, conduct court monitoring, judge advocacy and other tasks given by the RI Judicial Commission. Factors influencing the liaison of the West Nusa Tenggara Judicial Commission to carry out their duties and functions in realizing Clean Judiciary, there are inhibiting and supporting factors, inhibiting factors include insufficient human resources and lacking liaison budgets, while inhibiting factors include Human Resources, Collaboration and Professionalism , and the Judicial Commission Network, a small area and court.
TELAAH POLEMIK PEMBATASAN SOSIAL BERSKALA BESAR DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN DI INDONESIA Ari Amalia, Riska; Oktava, M. Saoki
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to determine and understand the rules regarding Large-Scale Social Restrictions (PSBB), namely whether Government Regulation Number 21 of 2020 concerning Large-Scale Social Limits in the Context of Handling Corona Virus Disease 2019 (Covid 19) delegated by Law Number 6 In 2018, Health Quarantine fulfills formal and material requirements, and whether including PSBB sanctions in governor regulations is justified in statutory regulations. This research is a normative legal research with a statutory approach, conceptual approach, and case approach. The conclusion is that Government Regulation No. 21 of 2020 concerning PSBB in the Framework of Accelerating Handling of Corona Virus Disease 2019 (Covid 19) does not meet formal and material requirements. And that the governor's regulation which contains sanctions is a material defect.
PERSONALITAS NGOs DALAM PERKEMBANGAN HUKUM INTERNASIONAL MASA KINI Aulia Nissa, Hassya
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The actions of NGOs as an independent institution are at the forefront of enforcement and protection of human rights with activities that cross national borders, make a contribution that cannot be denied in the development of international law. Especially with the participation of NGOs as those who are actively involved in international justice institutions, and his involvement in the preparation of several important declarations in the international community. with the increasing role of NGOs in the international community, hence the position and capacity of NGOs is also questioned so the author draws a problem about the personality of NGOs in the development of international law today. This article is a normative legal research (doctrinal research), by focusing on the juridical conception of NGO personalities in International Law. The discussion begins with a description of NGOs' definitions and history, continued in the progress of NGOs so far, especially in the enforcement of human rights, following his active participation in international conventions which concluded at the conclusion, that NGOs are recognized as subjects of international law who have legal standing to be participants in both quasi-international institutions and in international convention forums with limited personality status.
PERLINDUNGAN HUKUM BAGI KONSUMEN DALAM PERJANJIAN ELEKTRONIK LAYANAN JASA PENGANGKUTAN Bagiartha W, I Putu Pasek
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Attachment of legal subjects in the transportation services of Gojek refers to econtracts which are divided into 2 types of agreements, namely partnership agreementsbetween Gojek and Gojek Partners and transportation agreements between Gojek Partnersand consumers. To guarantee the fulfillment of rights and obligations in the implementationof the agreement, the legal protection provided is oriented to preventive and repressive forms.Preventive form is by giving regulations, and repressive emphasis is by the law enforcementin the level of state administrative law, criminal law, and civil law. However, this conditiondoes not completely prevent the emergence of disputes, which in Gojek Code of Conductmentions 2 types of Gojek Partner violations as causes of disputes namely violations reportedby consumers and violations detected by the system, both in the low, medium, high, veryhigh and maximum very high categories. The cause of consumer disputes is generallyreflected in the form of complaints based on an assessment of service quality in terms oftangible, reliability, responsiveness, assurance, and empathy, which demand to be resolvedeither through deliberation or through court.
PERAN LEMBAGA PERLINDUNGAN PEREMPUAN DALAM MEMBERIKAN PERLINDUNGAN TERHADAP KORBAN KDRT Sukarno, Sukarno
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Violence against women lately has been widely discussed in the form of workshops,seminars, discussions and public dialogues. The organizers consisted of various groups bothfrom government, non-government organizations and academics. The formulation of theproblems raised in this study are: (1) What is the form of legal protection for victims ofdomestic violence according to Law Number 23 of 2004; (2) What is the role of women'sprotection institutions in providing protection to victims of domestic violence; This studyexamines the subject matter through a normative juridical approach which is examining theregulations regarding the Role of the Women's Protection Agency in providing protection tovictims of domestic violence according to Law Number 23 of 2004 concerning theelimination of violence in household. The conclusion in this study is the Law on theElimination of Domestic Violence was born to save victims of crime in the household. This isa good sign for those victims of domestic violence because they can carry out prosecutionsand are legally protected. Forms of victim protection, providing legal education with genderequality, assistance in the legal process, and the role of women's protection institutions, legalaid institutions, and the role of the government in fighting for the emancipation of women ofgender equality.
PERKEMBANGAN PELAKSANAAN PEMILIHAN UMUM KEPALA DAERAH LANGSUNG DAN SERENTAK DALAM RANGKA PENGUATAN DEMOKRASI LOKAL DALAM PERSPEKTIF KETATANEGARAAN INDONESIA Mz, H. Ismail
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The simultaneous regional head elections have a very close correlation with the implementation of people's sovereignty. This is in accordance with the mandate of Article 1 paragraph (2) of the 1945 Amendment, explaining that "Sovereignty is in the hands of the people and is carried out according to the Constitution. Along with the amendments to the 1945 Constitution, theoretically changing the constitution of a country can be seen as part of the process of perfecting the state administration due to changes in the political system of law and democracy in the regime of power during a certain period. The amendments to the 1945 Constitution, both the first, second, third and fourth changes, and there is even the possibility of a fifth change later, are expected to be able to create and oversee a political transition of power that is authoritarianism towards constitutional democracy as an effort to realize good and democratic governance, at the national and regional levels. The implementation of direct regional head elections has been implemented since June 1, 2005 as a manifestation of the desire to strengthen the democratic system in the regions, which is implemented based on Law 23 of 2014 concerning Regional Government. Therefore, in the historical development of modern countries, elections are considered as a milestone in the establishment of a democratic system.
PENGATURAN HUKUM POSITIF DI INDONESIA TERHADAP PEREMPUAN HAMIL KARENA ZINA Jamil, Sukran; Saputra, Hendra Adi
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Adultery is a crime that violates decency. Adultery can lead to pregnancy and have children so that other problems arise with the status of the relationship between men and women who commit adultery and what about the status of children who come from adultery. So that raises a problem how is the positive legal arrangements in Indonesia for pregnant women due to adultery? Adultery in the sense of criminal law is different from adultery in terms of Islamic law, in criminal law a person who is married has sex with someone else's partner is called adultery while in Islamic law a person who conducts a relationship like a husband and wife both the status of the person is married and unmarried then considered adultery. And if she is pregnant, she must wait for the iddah before she is married to someone else. But according to KHI, it is permissible for pregnant women to be married because adultery is married.
LARANGAN KEPEMILIKAN TANAH SECARA LATIFUNDIA BERDASARKAN PASAL 7 UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG POKOK AGRARIA (UUPA) Zubaedi, Zubaedi
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Land is a very vital asset for humans who is given by God the Almighty, land is used as a place to live, a place to grow crops, a place to build various things and various other benefits so that people are competing to own it. Because land is so important to the community, it does not expect that many people own land in such a large number and on the other hand there are also many people who do not own a piece of land, this has created social inequality in the community even though the distribution of natural resource use must be evenly distributed among the people. all levels of society which is the mandate of the constitution. The problem in this writing is how is the implementation of article 7 of the UUPA concerning the prohibition of latifundia in the community and how the role of the government in this case is BPN to overcome land ownership by latifundia. The method used in this writing is the empirical normative method, which examines the laws and regulations or norms and concepts that apply and examines the implementation of these norms in society. The purpose of this paper is to provide an overview to the community about the concepts and prohibitions of latifundia land ownership and what are the impacts and consequences as well as to provide an overview of the duties and authorities of BPN in overcoming these problems so that people become aware and aware of the law and are more careful in transacting in the land sector. which in turn can create an even distribution of land and an even distribution of community welfare.
BAGI HASIL (PROFIT SHARING) SEBAGAI BENTUK PERKEMBANGAN EKONOMI ISLAM DI INDONESIA Ernawati, Ernawati
Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah
Publisher : Fakultas Hukum Universitas Nahdlatul Wathan Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The principle of profit sharing is an operational alternative that can be applied in banking activities to avoid usury by sharing in profits and losses based on Islamic sharia. In the principle of profit sharing is based on the principle of At Ta awun, which is to help each other and cooperate among community members for good and the principle of avoiding Al Iktinaz, namely holding money (funds) and leaving it idle which does not rotate in transactions that are beneficial to the general public. One of the principles of profit sharing (Syirkah) is applied in the mudharabah contract. Mudharabah consists of mudharabah mutlaqah and mudharabah muqayyadah. Profit sharing in mudharabah financing is according to the agreed ratio and is calculated based on the gross revenue (revenue sharing) from the results of the mudarib business. Because most of the funds used in mudharabah financing come from public funds (third party funds). So that Islamic banks must take measures so that funds from depositors of funds used in financing are not harmed because the risk in financing for the results is relatively high. Efforts to save problem financing are carried out by restructuring financing through rescheduling, adding financing facilities and temporary equity participation. Meanwhile, the settlement of problem financing is carried out through guarantees, write-offs and settlement of disputes both through litigation and non-litigation (arbitration).

Page 2 of 2 | Total Record : 20

 1   2 

Filter by Year

2019 2020


Reset
Filter By Issues
All Issue Vol 5 No 1 (2020): Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah