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IBLAM Law Review
Published by Sekolah Tinggi Ilmu Hukum IBLAM
ISSN : 22754146     EISSN : 27753174     DOI : 10.52249
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 311 Documents
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PENJATUHAN PUTUSAN PIDANA TERHADAP PERKARA PENIPUAN PROYEK PEMBANGUNAN AMENITAS KAWASAN PARIWISATA DI KABUPATEN PESISIR BARAT (Studi Putusan Nomor 17/Pid.B/2022/PN.Tjk). Harimurti, Pangestika Raras; Seregig, I Ketut; Ramadan, Suta
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.333

Abstract

Fraud cases are a crime that has recently been frequently reported in newspapers, magazines and other mass media and has experienced quite a serious increase. Article 378 of the Criminal Code states that a person who commits a crime of fraud is threatened with a maximum prison sentence of 4 years. The issues that will be discussed in this issue are, Factors that Cause Perpetrators to Commit Criminal Acts of Fraud on Tourism Area Amenity Development Projects in Pesisir Barat Regency based on Decision Number 17/Pid.B/2022/PN.Tjk and How Criminal Decisions Are Handed Down in Cases of Criminal Project Fraud Development of Tourism Area Amenities in Pesisir Barat Regency based on Decision Number 17/Pid.B/2022/PN.Tjk. The research method used is a normative juridical and empirical approach, using secondary and primary data, obtained from literature studies and field studies, and data analysis using normative juridical analysis. The results of the research are factors in the occurrence of criminal acts of fraud using the financing method, namely due to several factors such as the defendant's lack of understanding of religion, apart from internal factors, there are factors that influence the defendant in committing fraud, such as environmental conditions and the condition of the defendant's residence which supports the occurrence of the crime. This, the defendant's low education and economic conditions were also very influential in the occurrence of this crime
AUTHORITY OF NOTARY IN LEGALIZING THE UNDER-HAND AGREEMENT DEED: EXAMINING RESPONSIBILITY AND LEGAL CONSEQUENCES Putri, Prima Resi; Novira , Elyana; Annisa, Febrina; Astuti Palupi, Dwi
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.337

Abstract

This research examines the legal authority of notaries in legalizing underhand deed agreements based on their responsibilities and legal consequences. The method used in this research is normative legal research method, which is based on statutory approach and conceptual approach. The results obtained show that the responsibility of a notary in legalizing a deed agreement under the hand must be able to guarantee that he is able to carry out, implement, and realize the existence of laws governing the activities of legalizing letters under the hand including to see or check the validity of agreements made by related parties by being careful and disciplined in carrying out procedures for legalizing letters under the hand in accordance with the Notary Position Law. The legal consequences arising in the ratification of the agreement of the deed under the hand, namely if the letter has been legalized by the Notary, the letter under the hand has formal evidentiary power but does not have outward and material evidentiary power. In carrying out its duties, if a Notary is proven to have violated the law, it can be subject to civil sanctions in the form of reimbursement of costs, compensation and interest by passing the evidentiary process. However, a Notary cannot be convicted if they have not committed a violation of a criminal article and have acted in the interest of implementing the provisions of the Notary Law
KONSTRUKSI KEERASAN PSIKIS DALAM UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLIDUNGAN ANAK Masrufa, Masrufa; Wulan, Evi Retno
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.339

Abstract

Penelitian ini bertujuan untuk mengetahui dan mengkaji definisi kekerasan psikis dalam Undang-Undang KDRT No 23 Tahun 2004 dapat diterapkan didalam UU Perubahan Perlindungan Anak No 35 Tahun 2014. Penelitian ini merupakan penelitian yuridis normatif. Hasil penelitian menunjukkan bahwa definisi kekerasan psikis dalam Undang-Undang Nomor 23 Tahun 2004 Tentang Penghapusan Kekerasan dalam Rumah Tangga dapat diterapkan didalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak.
IMPLEMENTASI HAK PELAYANAN KESEHATAN PASIEN TIDAK MAMPU UNTUK MEWUJUDKAN PERLINDUNGAN HUKUM DI RS MARDI RAHAYU KUDUS Yoci Santoso, Kristian; Wibawa, Iskandar
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.340

Abstract

This research was carried out with the aim of finding out the implementation of health care rights for indigent patients to realize legal protection at Mardi Rahayu Kudus Hospital. This research used a clinical approach. The results of the research explain that the right that patients have is to obtain complete and complete health services. Likewise, poor patients should receive services that meet the requirements of scientific competence. Health services available at hospitals are emergency rooms, specialist clinics, laboratories, inpatient centers, morgues and many more. Regarding the approach to the community, especially for people who do not have the means to obtain inpatient services in hospitals, namely through emergency departments or professional clinics, and if patients use health coverage or insurance, they can be presented in 2 examples. Apart from that, people with disabilities must also meet the requirements set by the Government. The means of prison protection for indigent sufferers that can be provided by hospitals is to provide superior, complete and comprehensive health services in accordance with scientific competency standards.
DISPUTES IN THE APPLICATION OF EMPLOYMENT COPYRIGHT LAW RELATING TO THE PRINCIPLE OF STRICT LIABILITY IN ENVIRONMENTAL CLUSTERS Mashudi, Mashudi; Basid, Abdul
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.348

Abstract

Numerous conflicts have arisen since the Omnibus Law-based Job Creation Law was passed, particularly in the environmental cluster. In this instance, it is evident in the environmental cluster of Article 22 Number 33 of the Job Creation Law, where the phrase "without the need to prove elements of error" is omitted, leading to ambiguity in its meaning. Subsequently, the legal ramifications for law enforcement, settlement quality, and environmental preservation; following this, the legal ramifications for land fire and forest fire incidents; and last, the indirect legal ramifications for environmental legal politics. As the owner of the authority, the government should review and revise the Job Creation Law in the environmental cluster and strengthen the law enforcement system in order to achieve justice and a sustainable development without ignoring the protection and management of the environment so that its sustainability is always maintained both now and in the future. This is because the government is best suited to manage matters like these, which have connections to law enforcement and other important legal components. It's likely that the data from this study will be useful for future research on the environment or other subjects..
AUTHORITY OF NURSES TO INSTALL INFUSATIONS DURING THE PANDEMIC OUTSIDE OF HEALTH CARE FACILITIES Effendi, Prihatin; Nasichim , Mohammad
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.349

Abstract

During the COVID-19 pandemic emergency, one of the medical measures that nurses can use in certain limited conditions is installing infusion outside of healthcare institutions. The author's study methodology, which employs three approaches—legislation (statement approach), comparative approach (comparative approach), and conceptual approach (conceptual approach)—uses a normative legal research type to address these issues. Furthermore, primary, secondary, and tertiary legal documents are the sources of the legal materials used. The study's findings clarify the role and authority of nurses for infusions outside of healthcare facilities during the pandemic. Specifically, a nurse who is ill or in a state of restricted mobility during the COVID-19 emergency period is authorised to administer first aid in the form of medical action, such as infusions, in accordance with the law and her expertise in assessing the patient's condition. Although the nurse is personally accountable for the infusion because it is an autonomous duty, meaning that the nurse in question will take full responsibility if a mistake is made.
INHERITANCE RIGHTS OF OUTSIDE MARRIAGE DESCENDANTS AFTER THE RULING OF THE CONSTITUTIONAL COURT NUMBER 46 OF 2010 Adawiyah, Rodiatun; Prasetyo, Muhammad Arif; Ongko , Eric; Wibowo, Stefani; Kamal, Julius
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.350

Abstract

Humans were created by God to consist of men and women, therefore they are required to live in pairs in a bond called marriage. As stated in the 1945 Constitution, Article 28B Paragraph (1), which reads "Everyone has the right to form a family and continue their offspring through legal marriage". Before there were special regulations regarding marriage, in particular Indonesia still used the Civil Code (KUHPerdata) or Burgerlijk Wetboek (BW) as stated in Book One, Chapter IV concerning Marriage. The research method used in this research is normative juridical, which is supported by primary and secondary data sources, and qualitative analysis is carried out. The research results show that in the Civil Code, children outside of marriage have the status of illegitimate children of their parents. However, the Civil Code provides an opportunity for both parents to recognize the child as a legitimate child. Article 42 of the marriage law. If the marriage is invalid, then the children born from the marriage do not occupy the position of legitimate children. Constitutional Court Decision Number 46/PUU-VIII/2010 only recognizes children resulting from religiously valid marriages. Apart from that (the result of adultery), legally the child has no blood relationship with his father, but only has a civil relationship. If the biological father is not responsible, then the child through the mother can sue the father in civil law. The regulation of the inheritance rights of illegitimate children in Indonesian legislation and after the issuance of the Constitutional Court Decision Number 46/PUU-VIII/2010 can be concluded in Article 863 B.W. First part Regarding the inheritance share of illegitimate children in group I, if the testator dies leaving legitimate descendants and/or the husband/wife who lives the longest, then illegitimate children who can be recognized as inheriting a third of what they would have received had they been legitimate child. Then Article 100 KHI states that children born out of wedlock only have a lineage relationship with their mother and their mother's family. Then article 43 paragraph 1 of Law Number 1 of 1974 states that children born outside of marriage only have a civil relationship with their mother and their mother's family.
INHERITANCE RIGHTS OF OUTSIDE MARRIAGE DESCENDANTS AFTER THE RULING OF THE CONSTITUTIONAL COURT NUMBER 46 OF 2010 Abrori, Ahmad; Wibawa, Iskandar
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.351

Abstract

The aim of this research is to find out. Based on the background description above, a problem can be drawn, namely: How is the organizational performance of the Class II B Kudus State Detention Center implemented in improving public services and what are the obstacles that occur in implementing the organizational performance of the Class II B Kudus State Detention Center in improving public services? This research uses a sociological juridical approach. Sociological juridical approach, namely a research approach that examines the legal perceptions and behavior of people (humans and legal entities) and society as well as the effectiveness of the enactment of positive law in society. Implementation of the performance of the Class II B Kudus Prison in improving public services is reflected in the decision to accept prisoners, even though its main function is accepting prisoners. This is due to the unique situation in Kudus Regency which does not yet have a prison, forcing the Class IIB Kudus Detention Center to adapt and meet public needs in the criminal justice system. As a result, the detention center not only handles detainees but also inmates, having a broader impact on the criminal justice system and Kudus Regency society in general. This statement also highlights the relationship between legal structure, legal substance and legal culture in the context of public services
PERLINDUNGAN HUKUM TERKAIT ADANYA INDIKASI PENYALAHGUNAAN WEWENANG OLEH OKNUM DIRJEND KI KEMENKUMHAM DALAM SENGKETA PATEN Wardoyo, Hadi; Marwenny, Elwidarifa
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.353

Abstract

Abuse of authority which is a right owned by Government Agencies and/or Officials and other state administrators to take decisions and/or actions in administering government. In this case also Abuse of authority is the use of authority by Government Agencies and/or Officials in taking decisions and/or actions in government administration carried out by exceeding authority, mixing up authority, and/or acting arbitrarily as intended in Article 17 and Article 18 of Law Number 30 of 2014 concerning Government Administration. And states the aspect of authority where the problem lies in whether the official who issued the letter has the authority or does not have the authority to issue the letter based on existing regulations. And when issuing decisions, officials should have authority and if they do not have authority, they are prohibited from issuing decisions. Therefore, this statement is also in accordance with the provisions of Article 1 point 22 of Law No.30.
IMPLEMTASI PERSETUJUAN DPR PADA PEREKRUTAN HAKIM AGUNG BERDASARKAN UUD RI TAHUN 1945 Aminah, Siti
IBLAM LAW REVIEW Vol. 4 No. 1 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i1.358

Abstract

Hakim adalah pejabat negara yang merdeka dan independen dalam melaksanakan tugasnya, sehingga lembaga perekrut Hakim Agung harusnya adalah lembaga yang merdeka dan independen jauh dari pada kepentingan politik. Proses perekrutan hakim agung merupakan hal yang sangat penting untuk menciptakan hakim yang memiliki profesionalitas, integritas dan kualitas. Proses perekrutan Hakim Agung secara tegas dinyatakan dalam Pasal 24A Ayat (3) UUD 1945 yang menyatakan bahwa calon hakim agung diusulkan Komisi Yudisial kepada Dewan Perwakilan Rakyat untuk mendapatkan persetujuan dan selanjutnya ditetapkan sebagai hakim agung oleh presiden. Proses perekrutan hakim agung sebagaimana yang dinyatakan dalam Pasal 24A Ayat (3) UUD RI 1945 melibatkan 3 (tiga) lembaga yaitu Komisi Yudisial, Dewan Perwakilan Rakyat RI dan Presiden. Pada mekanisme pemilihan hakim agung di Dewan Perwakilan Rakyat, proses pemilihan dilaksanakan dengan cara keputusan berdasarkan suara terbanyak secara rahasia. Dalam penulisan artikel ini mempergunakan metode normatif analisis, pengumpulan data dengan teknik kepustakaan, dan teknik analisa data menggunakan teknik deskripsi.

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