IBLAM Law Review
Welcome to the official website of IBLAM Law Review. With the spirit of further proliferation of knowledge on the legal system in Indonesia to the wider communities, this website provides journal articles for free download. Our academic journal is a source of reference both from law academics and legal practitioner . IBLAM Law Review is a double-blind review academic journal for Legal Studies published by Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) IBLAM School Of Law. IBLAM Law Review contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, IBLAM Law Review also covers multiple studies on law in a broader sense. This journal is periodically published (in January, May, and September), and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view) and the hardcopy version will be circulated at the end of every period.
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<![CDATA[IMPLEMENTASI PERTANGGUNG JAWABAN PELAKU TINDAK PIDANA KORUPSI DALAM PENYALAH GUNAAN ANGGARAN PENDAHULUAN DAN BELANJA KAMPUNG (APBK) YANG DILAKUKAN OLEH OKNUM MANTAN KEPALA KAMPUNG MENANGA JAYA (STUDI KASUS NOMOR:13/PID.SUS-TPK/2020/PN.TJK) ]]>
<![CDATA[alfarizzy, alfarrizy]]>;
<![CDATA[Hartono , Bambang]]>;
<![CDATA[Hasan , Zainudin]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.24
<![CDATA[The term corruption comes from the Latin "corruption"(English) and "corruptive"(Dutch), the literal meaning of which refers to corrupt, rotten, dishonest actions related to finances. Tanjung Karang District Court NUMBER: 13/PID.SUS-TPK/2020/PN.TJK) with the defendant Wahid Maulana who committed a criminal act of corruption, misuse of the income budget and the village Dutch in the village of Wina Jaya. The research method used in this thesis research is normative juridical approach and empirical approach. Data collection is based on library research and field studies. The factors causing the corruption crime in the aquo case are the lack of exemplary leadership, the absence of the right organizational culture, the inadequacy of the correct accountability system, the weakness of the management control system, and weak supervision. The criminal liability of the perpetrator is carried out by convicting the defendant with imprisonment for 5 years and a fine of Rp.200,000,000,- provided that if the fine isn’t paid by the defendant, it’s replaced with imprisonment for 3 months. In addition, the defendant was also sentenced to pay compensation for state financial losses amounting to Rp.457,622,500. As a form of accountability and the arena meets the elements of error and intentional in committing a crime.]]>
<![CDATA[ANALISIS PUTUSAN HAKIM TERHADAP TINDAK PIDANA MEMBERI KESEMPATAN PADA ORANG LAIN UNTUK MENGANGKUT MENJUAL BATU BARA ]]>
<![CDATA[Yunanda, Shopi]]>;
<![CDATA[B, Erlina]]>;
<![CDATA[Baharudin]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.25
<![CDATA[The company must have a Mining Business Permit,a Special Mining Business Permit (IUPK),and Business Permit to Transport and Sell Coal.One of the decisions regarding the criminal act of abusing mining business permits is in the decision Number:550/Pid.B/LH/2020/PN.Tjk.The problems in this study are what are the factors causing and how judges consider criminal acts to provide opportunities for other people to use Mining Business Permits (IUP),IUPK and Business Permits to transport and sell coal.Decision Study Number:550/Pid.B/LH /2020/PN.Tjk).This study using secondary data sources and primary data.Factors causing the crime to provide opportunities for other people to use IUP,IUPK,and Business Permits to transport and sell coal were carried out by the Defendant because the Defendant was a worker who was ordered by his superior named Limanto to submit documents on behalf of PT.Prisma Jaya to the truck driver for transport and deliver coal.The judge's consideration of criminal act provides an opportunity for other people to use the IUP,IUPK and business permits to transport and sell coal where the Judge gives a verdict that the defendant is subject to imprisonment for 10 months and the Defendant remains detained and determines that the Defendant is burdened with paying court fees in amount of Rp.5,000.00]]>
<![CDATA[FORKING DALAM GITHUB, DILEMA DALAM IMPLEMENTASI HAK KEKAYAAN INTELEKTUAL PERANGKAT LUNAK ]]>
<![CDATA[Wicaksono, Soetam Rizky]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.26
<![CDATA[Protection of software has been protected in the 2014 copyright law, particularly in article 45. However, the recognized copyright is an existing computer program as well as a copy of the program itself. This protection is not fully guaranteed, because in software, the elements that make up the product can consist of various source code (program listings). Because it could be that a registered computer program is the result of forking from Github or the result of a clone which is then modified. For non-programmers, this activity may be sentenced as a frontal copyright infringement, but in fact, it has become a new habit for programmers. But on the other hand, there are still many forked software which are later claimed to be new products, even registered as new copyrights. The Copyright Law itself does not specifically regulate the provisions for program listings, as well as the ITE Law. Therefore, this article describes different points of view on the protection of software intellectual property rights, especially for the forking process. So that the ambiguity of the forking results can be minimized and the programmers can be aware of which ones are eligible to become new copyrights. There should also be a revision of the Copyright Law and there must be more jangintensive socialization to the programmer community so that they are aware and understand about the risks of forking and what must be protected from their work.]]>
<![CDATA[TANGGUNG JAWAB HUKUM PENGELOLA HUNIAN TERHADAP PENGAWASAN IZIN TINGGAL WARGA NEGARA ASING DI WILAYAH HUNIAN APARTEMEN ]]>
<![CDATA[Laela, Sofa]]>;
<![CDATA[Rakasiwi, Galih]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.27
<![CDATA[Fulfilling the housing needs for foreign nationals in Indonesia is not only limited to houses on the ground but also regular houses such as apartments. In the context of the supervisory function of the presence of foreigners in Indonesia who live in apartments, it is necessary to have the participation of apartment dwelling managers in assisting the government by providing reports on their whereabouts. The problem in this research is how is the legal responsibility of residential managers in reporting the presence of foreigners living in apartment dwellings and what are the legal sanctions for apartment dwelling managers who do not report the presence of foreigners living in apartment dwellings. The problem approach in this study was carried out using a normative and empirical juridical approach. The results of the study stated that the mechanism for managing residence permits for foreign nationals in apartment dwellings was carried out with rules that had been made by the apartment dwelling managers themselves but still had to coordinate with relevant agencies, namely companies where foreigners work and also with the local government, especially the immigration authorities. Meanwhile, regarding the sanctions for apartment dwelling managers who do not report the presence of foreigners living in their apartment dwellings, Article 117 of Law Number 6 of 2011 concerning immigration.]]>
<![CDATA[KONSEP DIYAT SEBAGAI SOLUSI KESEJAHTERAAN KELUARGA KORBAN PEMBUNUHAN DAYA PAKSA (OVERMACHT) PERSPEKTIF MAQASHID SYARIAH ]]>
<![CDATA[Iqbal , M]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.28
<![CDATA[In discussing criminal liability, we will talk about the perpetrator of a criminal act, namely someone who has committed an act that is expressly prohibited and threatened with criminality by law, ideally that person should be convicted or punished. Likewise, the perpetrators of murder are threatened with imprisonment in accordance with the provisions of the Criminal Code. However, the perpetrators of criminal acts are not always punished because the Criminal Code provides several reasons that can erase a person's guilt so that they are free from all punishments. One of them is coercive power which is regulated in Article 48 of the Criminal Code. However, the problem is that there is no formulation of coercion in the Criminal Code so that judges in deciding cases of murder due to coercion are only based on the judge's considerations and beliefs. Islamic law in comparing the existing arrangements in the Criminal Code is because Islam prioritizes protection and compensation charged to the perpetrator against the family of the murder victim, both intentional and unintentional murder. Meanwhile, the existing criminal policies in the Criminal Code have not met the principles of legal certainty and a sense of justice in society. The concept of Diyat is a welfare solution for the families of victims of murder by force, because this sanction provides benefits that can have an impact on the future. This is what is called maqshid sharia, where the law was created aiming to maintain 5 things, namely religion, reason, soul, lineage, and treasure. And the concept of diyat at least maintains 2 things, namely descent and treasure.]]>
<![CDATA[AKIBAT HUKUM DARI PERKAWINAN DI BAWAH TANGAN (STUDI KASUS PUTUSAN NOMOR 40/PDT.P/2018/PA.WSB ]]>
<![CDATA[Huda, Misbahul]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.29
<![CDATA[Marriage is one of the sacred covenants of a man with a woman to form a happy family. Marriage is a sacred thing because marriage is the beginning of building a household. In Indonesia, marriage has been regulated in Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage. prove that marriage is important in society. Everyone who wants to get married must meet the requirements that have been determined by law such as age limit the marriage must be of the same religion and the marriage is recorded. The goal is that every marriage does not violate applicable norms and is also administratively orderly. The formulation of the problem: 1). What are the legal consequences of underhanded marriage? And what is the basis for the consideration of the Panel of Judges in deciding case number 40/Pdt.P/2018/PA.Wsb? The research method of this thesis is normative juridical, meaning that the issues raised, discussed and described in this research is focused on applying the rules or norms in positive law. In this study, the legal consequences of underhanded marriages, even though they are considered valid in religion or belief, are marriages conducted outside the knowledge and supervision of the marriage registrar, and do not have permanent legal force and are considered invalid in the eyes of state law. The legal consequences of marriage, one of which results when children enter school age when registered, every educational institution always requires the registrant (children's parents) one of which is a birth certificate. The requirement to make a child's birth certificate is a marriage book and the person who has a marriage book is the person who when holding the marriage contract registers his marriage.]]>
<![CDATA[MENIMBANG DEMOKRASI DELIBERATIF DALAM PROSES PEMBENTUKAN HUKUM YANG DEMOKRATIS DI INDONESIA ]]>
<![CDATA[Sukma, Fadjar]]>;
<![CDATA[Saparuli]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.30
<![CDATA[Citizens as subjects as well as objects of law have an important role in the process of forming laws that apply as a model that becomes patterns of interaction in the life of the state and society as well as an order of behavior that must be fulfilled. This is also in line with the latent spirit of the Indonesian nation, namely "consensus" in making a decision or policy. But now democracy in Indonesia is only defined as the election of the president and vice president and representative institutions to sit in parliament. After that, public participation in various aspects of life seemed to be abolished, especially in terms of the formation of a regulation or law which actually directly affects people's lives, even though our constitution mandates that the highest power is in the hands of the people. A study on liberalized democracy popularized by Jurgen Hambermas emphasizes the active participation of the community as a pillar in direct supervision and inspection as well as on the formation of laws outside the parliament in order to direct the quality of Indonesian law towards a better direction.]]>
<![CDATA[IMPLEMENTASI KONSEP BENEFICIAL OWNER ATAS PEMANFAATAN TAX TREATY INDONESIA-BELANDA (STUDI SENGKETA PAJAK TERKAIT PEMBAYARAN BUNGA) ]]>
<![CDATA[Ardianyah, Ardianyah]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.31
<![CDATA[The Indonesia-Netherlands Tax Treaty is widely used by multinational corporations to avoid tax. The most crucial matter is how to determine the beneficial owner status, which is one of the requirements in the use of the Tax Treaty between Indonesia and the Netherlands. The main issue that becomes a problem is that the definition of beneficial owner is not clearly regulated in the Tax Treaty between Indonesia and the Netherlands. Therefore, disputes regarding the determination of the beneficial owner often occur. The attitude of judges in Indonesia on this matter is inconsistent. In certain decisions, the judge uses the principle of Substance Over Form and overrides formal evidence in the form of a Domicile Certificate. However, in another decision, the judge views the Domicile Certificate (SKD) as a reference without considering substantive facts. In another ruling, the judge used Dutch law to determine the beneficial owner status and override domestic legal provisions]]>
<![CDATA[MEKANISME PENYELESAIAN SENGKETA KONSTRUKSI MENURUT UNDANG-UNDANG NOMOR 2 TAHUN 2017 TENTANG JASA KONSTRUKSI ]]>
<![CDATA[Priyambodo, Mas Agus]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.32
<![CDATA[In essence, construction projects arise because of the convergence of two interests.On the one hand, there is a demand (demand) from the Service User, on the other hand the Service Provider offers its service (offer). Therefore, law number 2 of 2017 concerning Construction Services in Article 1 Paragraph (5) and (6) defines Service Users as owners or employers who use Construction Services, while Service Providers are providers of Construction Services. Construction is a very complex industry, this is because in construction projects there are multiple disciplines and dealing with many people who have their own interests. This condition also opens up opportunities for greater disputes. Disputes in construction work contracts or construction disputes are events that sometimes arise and cannot be avoided in the execution of the contract. The causes of this also vary from both internal and external factors. The problem in this paper is howto resolve construction disputes according to law number 2 of 2017 concerning construction services. The research used is normative legal research, which relies on secondary data as the main data source. The results showed that after the issuance of Law no. 2/2017 concerning Construction Services, construction disputes must first be resolved through deliberation for consensus. If the disputing parties do not find an agreement, then the settlement is taken through the stages ofdispute resolution as regulated in the construction work contract. Then if the dispute resolution is not stated in the construction work contract, then the parties with written approval will regulate the dispute resolution procedure chosen.]]>
<![CDATA[REKONSTRUKSI PEMBERI GRATIFIKASI SEBAGAI SUBYEK TINDAK PIDANA KORUPSI ]]>
<![CDATA[Sulastri, Lusia]]>;
<![CDATA[Tri Wibowo, Kurniawan]]>
<![CDATA[ IBLAM LAW REVIEW Vol. 1 No. 3 (2021): IBLAM LAW REVIEW ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM) ]]>
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DOI: 10.52249/ilr.v1i3.33
<![CDATA[Gratification has not yet been regulated by laws and regulations as a criminal act. This happened in the Samin Tan case, where the judges of the Jakarta Corruption Court released Samin Tan from granting a gratuity of IDR 5 billion to Eni Maulani Saragih as a member of Commission VII DPR for the 2014-2019 period. The current formulation of policies regarding gratification in Law Number 31 of 1999 concerning Corruption requires restructuring, especially in the substance of the meaning of gratification, reporting on receipt of gratification to the KPK, criminal sanctions, and qualifications of the giver and recipient of gratification. so that the optimization of the application and enforcement of appropriate laws is achieved, namely certainty and justice. Reconstruction of the gratification provider for corruption must be based on a low level of gratification and bribery according to its definition. Bribery has the definition of a relationship due to the consequences of actions that result in or influence a person in his position as a state administrator to the interests of the bribe giver. While gratification should only be a gift, without having to be associated with any reciprocal actions. With a clear distinction between bribery and pure gratification that does not lead to bribery, the weight of the punishment is determined. Likewise, the gratuity giver, if it is said to be a bribe, must explain how much punishment was given to him. For example, the giver of gratuities as referred to in Article 12 B of Law no. 31 of 1999 as amended by Law no. 20 of 2001 concerning the Eradication of Corruption Crimes is the same as receiving gratuities. Thus the effect can be felt in a balanced way because it destroys requests and requests for prohibited acts.]]>
