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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. 3 (2021): September 2021" : 5 Documents clear
INDEPENDENSI PERADILAN MILITER TERHADAP PRAJURIT TNI SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA Auliajr Aulia Jihan Rifani; Satria Unggul Wicaksana Prakasa
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.126 KB) | DOI: 10.22219/aclj.v2i3.16756

Abstract

Narcotics can be categorized into extraordinary crimes. Currently, the circulation of narcotics has targeted almost all circles. Military institutions are also not spared from the circulation of narcotics. The basic question is how to handle narcotics crimes by the Military judiciary and the legal efforts that can be made by the soldiers who are accused. The research method used is socio-legal legal studies: Data sources come from secondary data sources or literature studies, which review data from laws and regulations, readings, and books  related to research titles. The settlement of narcotics crimes involving TNI soldiers is carried out by the military judiciary. The component or sub-system of military justice is the same as the general judiciary, namely the existence of Ankum and Papera which are important components in the military justice system, in addition to the Military Police, Oditur, and Military Judges. Soldiers involved in such crimes can also make legal efforts as a form of self-defense. The Military Judiciary has the authority to resolve its cases without interference from other agencies, as whose authority and position are contained in Law No. 31 of 1997
PENEGAKAN HUKUM TINDAK PIDANA PEMILU TERHADAP PENGGUNAAN HAK PILIH ORANG LAIN La Ode Hermanto; Syamsul Bachri; Winner A. Siregar
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.801 KB) | DOI: 10.22219/aclj.v2i3.17329

Abstract

This study aims to determine the implementation of the Kendari City Bawaslu Supervision of Voter Data on the use of voting rights in the 2019 general election and to analyze the enforcement of general election law against the use of other people's voting rights in the 2019 general election. This research method uses empirical normative legal research. . The results of study show that in carrying out its functions and authorities, the Kendari City Bawaslu has not shown optimal performance in the 2019 General Election, as evidenced by; there are still voters who do not meet the requirements are still being recorded, there are still eligible voters who are not registered in the voter list, lower-level technical implementing officers have not shown good work due to understanding of regulations that can change at any time, the professional level of the organizers' work, and the process supervision is not optimal due to limited supervisory personnel. As a recommendation, the Kendari City Bawaslu needs to improve the quality of election management resources so that they can work professionally, accountably, reliably and accurately and with integrity in the next election process.
CONSTRUCTION OF THE CONCEPT OF BUILDING POPULIST ECONOMIC LAW Safrin Salam; Rizki Mustika Suhartono; Imron Rizki A; Mustakim La Dee
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (162.985 KB) | DOI: 10.22219/aclj.v2i3.17494

Abstract

The 1945 Constitution does contain the idea of political democracy and at the same time economic democracy. That is, in the highest power holder in our country is the people, both in the political and economic fields. All political and economic resources are controlled by sovereign people. However, in a democratic system built certainly not all of them are directly controlled by the people. The purpose of this research  is  to formulate the concept of populist economic law based on economic law in Indonesia and to understand the legal comparison between Islamic economic system and conventional economic system in the development of economic law in Indonesia. This research is normative legal research that is conducted by researching and studying the laws and regulations. The research approach used in this study is 2 (two) namely statute approach and conceptual approach. The results showed that  the Concept of Economic Law Based on Populist Economy in Indonesia was built through 4 (four) principles of economic law, namely legal justice, legal certainty of benefits and affordable rules so as to realize the main goal of economic law, namely creating economic growth, balanced equality and welfare  while the Comparison of Law Between Islamic economic system and conventional economic system in economic law development in Indonesia is Islamic economy based on sharia principles while conventional economy based on human will.
PEMANTAPAN DIMENSI ETIKA DAN ASAS SEBAGAI PENGUATAN SISTEM HUKUM LINGKUNGAN DI INDONESIA Himas Muhammady Imammullah El Hakim
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (331.109 KB) | DOI: 10.22219/aclj.v2i3.18041

Abstract

Humans as social beings who use the environment make the law an instrument of regulation and protection. Laws relating to the environment itself systemically provide both general and specific regulation. However, environmental law instruments still require further development through strengthening of the ethical dimension. Ethics as one of the norms that can be codified and processed through the judiciary can strengthen the implementation of environmental law. The study was conducted by means of a literature study and analysis in order to find ethical positions and opportunities in the environmental law system. The Job Creation Act which directly changes the politics of environmental law certainly presents its own challenges. This development requires encouragement from other systems, one of which is ethics by presenting a positive ethical system as a law of ethics, both code of ethics and court of ethics. ethical law system that specifically regulates environmental law then requires general principles so that the ethical law instrument can take shape and be applied properly. There are several general principles of environmental law ethics, including the principle of clarity of purpose, the principle of independence, the principle of justice, the principle of certainty, the principle of benefit, the principle of balance, the principle of openness and the principle of protection. The challenge of implementing the general principles of environmental law ethics is in both substantial and formal dimensions that can be encouraged by the holders of power as constitutional mandates in the context of realizing the ideals of the state through the implementation of the mandate of the MPR Decree VI/MPR/2001 concerning the Ethics of the Nation's Life.
REVOCATION OF BUSINESS COMPETITION SUPERVISORY COMMISSION DECISIONS OVER CARTEL-RELATED CASES IN INDONESIA Herwastoeti
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (264.195 KB) | DOI: 10.22219/aclj.v2i3.18167

Abstract

Business Competition Supervisory Commission (henceforth KPPU), a law enforcement body in Indonesia, was established based on Antimonopoly Law. This commission is a quasi-judicial body holding executorial authority over business competition-related cases. The crucial issue is apparent when business people submit petitions to the District Court since, from this point, different approaches and treatments between the KPPU and the District Court are revealed. This weak legal procedure, especially regarding the efforts made for petitions, is often seen as an opportunity by business people to stand against the decisions of the KPPU by submitting petitions to District Court, and several cartel-related cases have been reinforced by Supreme Court. This research employed normative-juridical methods involving secondary data that were further analyzed by emphasizing juridical aspects for the analysis of the qualitative analysis method to present a description, from which a conclusion and recommendations were drawn. With it, decisions of the KPPU would not be labeled weak in law enforcement concerning business competition. Moreover, this approach is intended to deter business people regarding the violations of Law concerning Antimonopoly especially those regarding cartels which not only harm business people, but also the members of public in general.

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