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Audito Comparative Law Journal (ACLJ)
Published by Universitas Muhammadiyah Malang
ISSN : 27231968     EISSN : 27232476     DOI : https://doi.org/10.22219/aclj.v3i1.19873
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum in publishing works that promote up-to-date legal scholarships in the South East Asia countries, specializing in comparative law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2021): Mei 2021" : 5 Documents clear
KEWENANGAN BADAN PENGAWAS PEMILU DALAM PENANGANAN PELANGGARAN ADMINISTRASI DITINJAU DARI PERSPEKTIF SISTEM PERADILAN INDONESIA Alasman Mpesau
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 2 (2021): Mei 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (309.566 KB) | DOI: 10.22219/aclj.v2i2.16207

Abstract

In the General Election and Regional Head Election Law, the Election Supervisory Board (Bawaslu) has the authority supervisory to each Election stages, it is the center for law enforcement activities of the Election (Sentra Gakkumdu) to criminal acts and carrying out the judicial functions for investigating, examining, and decided on administrative disputes of General Election and Regional Head Election.  With the Bawaslu’s authority then placed as a super-body institution in the ranks of the Election Management Body, due to its essential role in building a clean and credible electoral system, it also has potential for abuse of power within it. In Law no. 48 of 2009 concerning Judicial Power has defined state institutions that have the authority to administrate judicial functions. These are the Supreme Court and Judicial Bodies that under its lines of general court, Religious Courts, Military Courts, Administrative Court (PTUN) and the Constitutional Court. The research method is normative juridical, that focuses on the analysis of the laws and regulations on General Election, Regional Head Elections and the Law on Judicial Power. The analytical tool is descriptive analysis, by describing the main issues, an analysis is carried out that was supported by case-approach related to the research. The study concludes that Bawaslu in carrying out judicial functions in its position as a semi-judicial institution has not a hierarchical relationship to the Supreme Court (MA) and the Constitutional Court (MK); however, what does exist is functional relationship.
PERBANDINGAN HUKUM ARBITRASE DAN ALTERNATIF PENYELESAIAN SENGKETA ARBITRASE ONLINE INDONESIA DAN CINA Afrizal Mukti Wibowo
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 2 (2021): Mei 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (239.05 KB) | DOI: 10.22219/aclj.v2i2.16372

Abstract

This article focuses on legal comparisons between Indonesian law and China law regarding arbitration and alternative dispute resolution, especially online arbitration. The author sees a similarity in terms of law, namely that there is no single law regulating the use of online arbitration. Even more, the conditions of the Covid-19 pandemic focused alternative dispute resolution to be carried out online as well. This paper is normative legal research with a comparative approach. The results of this paper are neither in Indonesia nor China regulates online arbitration in their legal system, but both provide opportunities for online arbitration to be held. There are differences in Indonesia and China. In Covid-19 pandemic situation force BANI Arbitration Center implemented online arbitration. But in China, China International Economic and Trade Arbitration Commission (CIETAC) fully implement online arbitration before covid-19 pandemic.
STRENGTHENING LHKPN: PREVENTION OF ILLICIT ENRICHMENT IN EFFORTS TO ERADICATE CORRUPTION Vita Mahardhika
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 2 (2021): Mei 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (164.892 KB) | DOI: 10.22219/aclj.v2i2.16429

Abstract

This research aimed to discuss State Organizer's Asset Report or Laporan Harta Kekayaan Pejabat Negara (LHKPN) problems due to the eradication corruption process in Indonesia. This research is normative legal research with a conceptual, historical, and statutory approach. From the research it can be seen that as an effort to prevent illicit enrichment carried out by state officials, it is necessary to strengthen the wealth reports of state administrators, namely by making changes to Law Number 28 of 1999, from collusion, corruption, and nepotism. related to the form and mechanism of the application of sanctions. The recommendation is the law on the Free Implementation of Corruption should be strictly regulated regarding severe administrative sanctions in the form of types of penalties, that directly impact the position of state administrators, and criminal sanctions for state officials who are indicated to have falsified their reporting.
ANALISIS PELAKSANAAN PUTUSAN PERADILAN AGAMA TERHADAP NAFKAH PERCERAIAN DALAM PRESPEKTIF HUKUM NASIONAL DAN HUKUM ISLAM BAGI PNS Rendra Widyakso; Fifik Wiryani
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 2 (2021): Mei 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (434.93 KB) | DOI: 10.22219/aclj.v2i2.16492

Abstract

Decisions can be executed if, a court decision contains an order for one of the parties to pay a sum of money or vacate a permanent object. Usually, divorce cases that occur will punish the husband to make a payment of some money as a living for the divorced wife after the Religious Court Judge decides. The penalty is in the form of giving 1/3 (one third) of the salary given to the ex-wife and 1/3 (one third) of the others assigned to his child. Based on Government Regulation No. 10 of 1983 jo Government Regulation No. 45 of 1990, the penalty applies to husbands who work as Civil Servants (PNS). In some case adoption of decisions, often not going well even not implemented. Therefore, many respondents demanded the Petitioner to provide several divorce wages, such as mut' ah payments for livelihoods, iddah income, and Ahmadiyah livelihoods, which were carried out before the promise of divorce was pronounced and had to make a living. For sacrifice after the execution of the divorce agreement is canceled. The Panel of Judges will grant such a request, but this request is not for civil servants. So, the authors conducted research using the juridical-normative method to examine the source of law in the Regulations stated in the Religious Court decision. The results obtained that the panel of judges in their decision view that the regulation is only an administrative requirement in each government agency.
PERTANGGUNGJAWABAN HUKUM DOKTER PROGRAM INTERNSIP DALAM PELAYANAN KESEHATAN TERHADAP PASIEN Ade Irwanto; Fakhruddin Razy
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 2 (2021): Mei 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (203.505 KB) | DOI: 10.22219/aclj.v2i2.16501

Abstract

.  Suppose there is a problem related to the loss incurred to the patient when the doctor of the Internship program does not meet the established educational standards. In that case, health services will be exposed to a greater risk of civil liability if they ignore internal arrangements related to internal physicians. The risk of joint civil litigation will be very burdensome for interns and hospitals if hospital leaders issue wrong clinical assignments. Hospitals need to be aware that material and substance cannot be compared between hospitals and hospitals. Each hospital should ask their medical committee to arrange bylaws related to implementing the profession of interns in their respective hospitals. The approach used in this study is the method of the Legislative Approach (Statue Uproach), Conceptual Approach, and Sociological Approaches. By law anyone who causes or incurs a loss to another person is required to account for any such loss. Likewise, doctors, as health workers who have provided health services (medical measures) to patients, if the doctor incurs losses with these services, are obliged to provide accountability. The responsibility of doctors who commit malpractice can be punched in 3 (three) aspects: civil, criminal, and administrative matters.  

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