Garuda - Garba Rujukan Digital

Article Per Year (5 Year)

All

Audito Comparative Law Journal (ACLJ)

audito
Website

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 76 Documents

1 2 3 4 5

HOUSE OF ROLE AS AN EFFORT TO PROTECT CHILDREN FROM VIOLENCE: AN INDONESIAN HUMAN RIGHTS PERSPECTIVE Sholahuddin Al-Fatih
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 1 (2021): Januari 2021
Publisher : Universitas Muhammadiyah Malang

This research aims to discuss the children's violence that occur in Indonesia. This research using legal research, namely research conducted to produce arguments, new theories or concepts as a prescriptive in solving the problems faced. This research found that the number of cases of violence against children in Indonesia is very high and tends to increase from year to year. To overcome this, it is necessary to create a role model house, namely a house that involves 5 elements (parents, family, community, government, local and state governments) in fulfilling children's rights to prevent violence.

IMPLEMENTATION OF CONSISTENT PILKADA IN MALANG DISTRICT FROM PRECAUTIONARY PRINCIPLES Fitria Esfandiari; Arsyi Manggali Arya Putra
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 1 (2021): Januari 2021
Publisher : Universitas Muhammadiyah Malang

The implementation of the Regional Head Election (Pilkada) which was held simultaneously on December 9, 2020 in Malang Regency is a step towards realizing democracy directly in the region. In contrast to the implementation of pilkada in previous years, this year's regional elections were held in the midst of the Covid 19 pandemic. With the issuance of PKPU Number 5 of 2020, it was decided to continue. This research raises the problem of how the simultaneous regional elections in Malang Regency are viewed from the principle of prudence and how to project the strengthening of democracy through simultaneous regional elections in Malang Regency. The method used is the descriptive normative method by reviewing literature that is in line with existing problems with statutory regulations as well as statutory approaches and literature. The conclusion from this research is that the stages of the Pilkada implementation which are carried out with the principle of prudence are an effort to limit the spread of the Covid 19 virus. On the other hand, it is also an effort to continue to fulfill the constitutional rights of the people in the regions in the Pilkada. Furthermore, if it is related to the simultaneous regional election scheme in 2027, Malang Regency in its development is able to play a very significant role for democracy in the regions with. The technology and information approach must be seen as an effort to solve democracy in the regions in the pandemic era.

PROBLEMATIKA PENGATURAN DAN PENERAPAN SANKSI PIDANA ATAS PELANGGARAN PASAL 15 UNDANG-UNDANG NOMOR 24 TAHUN 2011 TENTANG BADAN PENYELENGGARA JAMINAN SOSIAL Abdul Khakim
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 1 (2021): Januari 2021
Publisher : Universitas Muhammadiyah Malang

The purpose of this paper analyzes the differences in sanctions regulation for violations of Article 15 and Article 19 of Law No. 24 of 2011 on Social Security Administering Body (Law 24/2011), which is a violation of Article 15 of Law 24/2011 subject to administrative sanctions (based on Article 5 PP 86/2013), while violations of Article 19 paragraph (1) and (2) of Law 24/2011 are subject to criminal sanctions (based on Article 55 of Law 24/2011). This study used normative juridical research methods. The results of this study show that there is a gap in the regulation and application of sanctions between Article 15 and Article 19 of Law 24/2011, whereas substantive violations of both articles are the same, because employers do not register themselves and their workers as participants to the Social Security Administering Body (BPJS). In fact, it aims to avoid the collection and payment of dues of participants who are responsible to BPJS. It should be a violation of Article 15 of Law 24/2011 not subject to administrative sanctions, but criminal sanctions article 55 of Law 24/2011 as well as Article 19 paragraph (1) and (2) Law 24/2011. The problem is constrained by the principle of legality in criminal law and depends on the ‘Courage’ of the judge to make a legal discovery. Conclusions obtained in the study are: (a) open possibility of application of criminal sanctions (ultimum remedium)against violations of Article 15 of Law 24/2011; (b) the occurrence of dissent against the possible application of criminal sanctions for violations of Article 15 of Law 24/2011 due to the separation of sanctions arrangements; (c) Employees of The Manpower Supervisory (PPK) must be observant and committed in law enforcement, especially against violations of Article 15 of Law 24/2011; and (d) on the issue of differences in sanctions it needs a deep understanding and built comprehensive legal construction as well as the need for legal discovery by judges.

STUDI TERHADAP TINDAK PIDANA KEHUTANAN DALAM PENEBANGAN HUTAN DILUAR RENCANA KERJA TAHUNAN PADA PEMILIK IZIN USAHA PEMANFAATAN HASIL HUTAN KAYU Alasman Mpesau
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 1 (2021): Januari 2021
Publisher : Universitas Muhammadiyah Malang

The problems in this study is deforestation outside the Annual Work Plan (RKT) on Timber Product Utilization Business License owner (IUPHHK) as acts against forestry administration law based on article 74 Government Role Number 6 of 2007. However, if it is viewed from its effect on the destruction of forest which is done without planning, logging area map, work target in Annual Work Plan (RKT) can destruct the forest. This research is a descriptive analysis which describe the problems in this research, then the analysis is carried out based on the principles of criminal law and forestry legislation. Deforestation acts outside the Annual Work Plan (RKT) on Timber Product Utilization Business License owner (IUPHHK) is forestry criminal law based on Article 50 Chapter (2) of Law Number 41 of 1999 of forestry. It becaused permission of the forest cultivation is in only refers to certain area. Therefore, if it is done outside the mentioned area, it is categorized as illegal logging and it can destruct the forest.

ANALISIS YURIDIS IMPLEMENTASI ASAS LEGALITAS DAN EQUALITY BEFORE THE LAW DALAM UNDANG-UNDANG NARKOTIKA Sunardi Riono; Haris
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 1 (2021): Januari 2021
Publisher : Universitas Muhammadiyah Malang

This research will discuss about how the application of the principle of legality in Law No. 35 years old. 2009 regarding the regulation of the authority to arrest suspects in criminal acts of abuse and illicit trafficking of narcotics and narcotics precursors by Police Investigators, PPNS and BNN Investigators. This research is based on the type of normative juridical research. The results of the research show that Article 82 paragraph (2) should have originally only been up to the letter "h", plus one point, namely the letter "i" which has the formula: "i. The exercise of the authority to arrest referred to in letter h is carried out in accordance with the provisions of Article 76 of this Law”.

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

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

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

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

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

. 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.

Page 2 of 8 | Total Record : 76

1 2 3 4 5

Filter by Year

2020 2025

Filter By Issues

All Issue Vol. 6 No. 1 (2025): January Vol. 5 No. 1 (2024): January 2024 Vol. 5 No. 3 (2024): September Vol. 5 No. 2 (2024): May Vol. 4 No. 3 (2023): September 2023 Vol. 4 No. 2 (2023): May 2023 Vol. 4 No. 1 (2023): January 2023 Vol. 3 No. 3 (2022): September 2022 Vol. 3 No. 2 (2022): May 2022 Vol. 3 No. 1 (2022): January 2022 Vol. 2 No. 3 (2021): September 2021 Vol. 2 No. 2 (2021): Mei 2021 Vol. 2 No. 1 (2021): Januari 2021 Vol. 1 No. 2 (2020): September 2020 Vol. 1 No. 1 (2020): Mei 2020 More Issue

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name
Nur Putri Hidayah

Contact Email
audito@umm.ac.id

Phone
-

Journal Mail Official
audito@umm.ac.id

Editorial Address
Magister Ilmu Hukum, DPPS, University of Muhammadiyah Malang Jl. Raya Tlogomas No. 246 Malang » Tel / fax : 0341-464318 Psw 373 / (0341) 460782

Location
Kota malang,

Jawa timur

INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Nur Putri Hidayah

Contact Email audito@umm.ac.id

Phone -

Journal Mail Official audito@umm.ac.id

Editorial Address Magister Ilmu Hukum, DPPS, University of Muhammadiyah Malang Jl. Raya Tlogomas No. 246 Malang » Tel / fax : 0341-464318 Psw 373 / (0341) 460782

Location Kota malang, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Nur Putri Hidayah

Contact Email
audito@umm.ac.id

Phone
-

Journal Mail Official
audito@umm.ac.id

Editorial Address
Magister Ilmu Hukum, DPPS, University of Muhammadiyah Malang Jl. Raya Tlogomas No. 246 Malang » Tel / fax : 0341-464318 Psw 373 / (0341) 460782

Location
Kota malang,

Jawa timur

INDONESIA