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Juridical Review of the Performance of the State Civil Apparatus According to Law Number 5 of 2014 in the Kokalukuna District of Baubau City I K Dewi; Yoga Subiyanto
Gerechtiheid Law Journal Vol 1 No 1 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

Employee performance is very influential on organizational performance in carrying out tasks and achieving its goals, because employees are the driving force of the organization. This study aims: (1) To find out how the implementation of the performance of the State Civil Apparatus based on Law Number 5 of 2014. (2) To determine what factors are hampering the improvement in the performance of the State Civil Apparatus based on Law Number 5 of 2014. Research This uses a normative juridical qualitative approach, which is intended to understand the phenomena about what is experienced by the research subjects. The results showed that the implementation of the performance of the State Civil Apparatus (SCA) in the Kokalukuna District Office namely (1) Still not fully optimal based on Law Number 5 of 2014, this can be seen from the lack of adequate human resources in which office officials/employees Kokalukuna District in providing services to the community there is still the term selective logging. So that the community in taking care of something in the district office still feels difficulties. (2) Not optimal due to the lack of government officials as evident from the vacant position of the Head of the Public Service Section, making the service at the sub-district office less than the maximum felt by some members of the community. (3) Factors that hinder the improvement of ASN performance based on Law number 5 of 2014 in the Kokalukuna District Office, namely: (1) Effect of Discipline on Performance; (2) Effects of Education and Training on Performance; (3) Effect of Work Atmosphere on Performance; (4) Human Resource Development Strategy.

The Role of Bhayangkara Trustees of Community Security and Order Based on the Head of National Police Regulation No. 3 of 2015 Concerning Community Policing in Preventing Inter-Group Fights in Baubau City La Gurusi; Muchsin Aziz
Gerechtiheid Law Journal Vol 1 No 1 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

Indonesia has the Republic of Indonesia's National Police Unit as a state instrument that has the role of maintaining security and order. This research aims (1) To find out the role of Bhayangkara Trustees of Community Security and Order (BTCSO) in the prevention of fighting between groups in Batupoaro District. (2) To find out the obstacles faced by BTCSO in preventing inter-group fighting in Batupoaro District. This study uses a qualitative method. The role of BTCSO in preventing inter-group fights in Batupoaro Subdistrict is that BTCSO conducts fostering of community members by making efforts through Pre-emptive, preventive and repressive activities. "Batupoaro namely: a) Internal factors b) External factors.

Juridical Review of Criminal Acts in the Ownership of Firearms and Ammunition F M Ramadhan; S Rajab
Gerechtiheid Law Journal Vol 1 No 1 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

Criminalization is one aspect of criminal law that is often the subject of discussion in the community. There are times when the conviction is felt very light or very heavy when compared with the perpetrators. In fact, in criminal offenses, many things are taken into consideration, both in juridical and sociological aspects. The purpose of this study was to determine the application of criminal law for criminal acts of possession of firearms and ammunition in the decision No.102/Pid.Sus/2018/PN-Bau and to determine the legal considerations of judges in criminal acts of ownership of firearms and ammunition in the decision No.102 /Pid.Sus/2018/PN-Bau. This research is a qualitative normative law research that is more concerned with understanding the existing legal material rather than the quantity or amount of data. In normative legal research, researchers simply need to collect secondary legal materials and construct them in a series of research results. The nature of the research to be carried out is analytical descriptive. The results showed that the indictment was charged by the public prosecutor using a single indictment, namely Article 1 paragraph (1) of Law Number 12 of 1951 concerning firearms and explosives. Then the demands of the public prosecutor namely Dropping the criminal on Defendant Masrudin S Alias Fajrin Bin La Isa with 7 (seven) months imprisonment were reduced as long as the defendant was in custody with an order that the defendant remain detained in Baubau Detention Center, and the panel of judges sentenced the criminal to the defendant Masrudin S Alias Fajrin Bin La Isa, therefore was sentenced to five (5) months in prison. Judge's Legal Considerations in Criminal Acts of Ownership of Firearms and Ammunition in Decision Number 102/Pid.Sus/2018/PN-Bau. Based on the evidence, namely the witness' statement and the defendant's statement accompanied by evidence. the judge must consider all aspects including juridical, philosophical, and sociological aspects.

Application of Criminal Law Actors Spreading hate speech through social media based on Act Number 19 of 2016 concerning Information and Electronic Transactions (ITE) Laode Dedi Abdulah; Siti Aisyah
Gerechtiheid Law Journal Vol 1 No 1 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

Technological developments are not only in the form of positive impacts, but also negative impacts, criminal acts of contempt or hate speech, and dissemination of information on social media aimed at inciting hatred or animosity between certain individuals and/or groups of people based on over ethnicity, religion, race and class. The purpose of this study was to determine the application of material criminal law against the perpetrators of the dissemination of hate speech through social media in decision Number 38/ Pid.Sus/2018/PN-Bau Smelling about spreading hate speech through social media. This research is a qualitative normative law research. Source of data comes from primary data in the form of legislation, secondary data and tertiary data. The results showed that (1) The application of criminal law against the perpetrators of criminal acts spreading hate speech through social media in case No. 38/Pid.Sus/2018/PN Bau, in the case of the writer who discussed this the criminal provisions of Article 45 A paragraph (2) jo. Article 28 paragraph (2) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to the Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. Based on the indictment, the demands of the Public Prosecutor and the court's decision; (2) Judge's Considerations in Imposing Criminal Sanctions Against Actors spreading hate speech through social media in case number 38/Pid.Sus/2018/ PN Bau based on consideration of legal facts include witness statements, defendant statements and evidence, then the judge considers juridical aspects (legal certainty), sociological value (expediency) and philosophical (justice).

Juridical Analyst Supervision Function of the Notary Supervisory Board in the City of Baubau D Andara; Soekarno Aburaera; Hamza Baharuddin
Gerechtiheid Law Journal Vol 1 No 1 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

Notaries as public officials who carry out the profession in providing legal services to the public, need to get protection and guarantees in order to achieve legal certainty. This study aims: (1) To determine the implementation of notary supervision conducted by the Notary Regional Supervisory Board in the City of Baubau (2) To determine the factors that influence the implementation of notary supervision by the Regional Notary Supervisory Board of the City of Baubau. This study uses an Empirical Juridical approach that seeks to link prevailing legal norms with reality in society, the authors conduct research with analytical descriptive research that is to reveal the real problem or situation, to reveal the facts of the research so as to provide an objective picture. The results of the study show that (1) The implementation of notary supervision by the Notary Supervisory Board in the City of Baubau by making efforts to guide, supervise the notary, that supervision as a preventive and curative activity, preventive activities carried out are activities that include authority administrative, regulate procedural procedures and notary protocols, while curative regulates the taking of suspected violations. (2) Factors influencing the implementation of notary supervision by the Regional Supervisory Board of Baubau City, namely in carrying out their functions and duties, human resources are not yet maximal, supporting infrastructures are still limited, budgets are still very minimal, coordination between management is still low. weak, lack of legal awareness from several notaries, especially administrative order.

Sale and Purchase Contracts Through the Internet (E-Commerce) Judging From Civil Law, Electronic Transaction Information Law (ETIL) and Islamic Law Risky Kurniawan Hidayat; Syahruddin Nawi; Sri Lestari Poernomo
Gerechtiheid Law Journal Vol 1 No 1 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

Abstract. Contracts or sale and purchase agreements that are regulated in the Civil Code and Islamic Law, while (e-commerce) is basically a modern trading transaction model regulated in Act Number 19 of 2016 amending Law Number 11 Year 2008 About Information and Electronic Transactions. The research aims to find out analyzing the validity of contracts for buying and selling via the Internet (e-commerce) in the Civil Law and Islamic Law (2) Similarities and differences in buying and selling contracts via the internet (e-commerce) according to the Civil law, the ETIL and Islamic Law. This research is included in the category of library research, namely research that analyzes books and produces a conclusion. The author makes a comparison of the results of the literature on contracts to buy and sell via the internet (e-commerce) in terms of the Civil Law and Islamic Law. Data sources consist of primary, secondary and tertiary legal materials for primary legal materials, namely the Civil Law and PERMA No. 2 of 2008 Sharia Economic Law Compilation, secondary legal materials include legal books and scientific journals and tertiary legal materials using legal dictionaries, and websites from the internet. The legal material from the results of the study was then analyzed by qualitative, qiyas (equalizing) and comparative analysis methods. The results of this study indicate that (1) The validity of e-commerce agreements in the Civil Law, is valid according to Article 1320 of the Civil Law and the principle of freedom of contract as stipulated in article 1338 of the Civil Law on freedom of contract. Whereas in Islamic Law, it is pronounced with a salam and istishna contract 'in article 20 of the Compilation of Sharia Economic Laws. So according to Islamic law it is also valid based on the salam agreement. (2) The similarity lies in the intent of the understanding of the sale and purchase agreement that together creates a legal relationship, the same concept of agreement, the equality of Article 1330 of the Civil Law and PERMA No. 2 of 2008 Article 4 Compilation of Sharia Economic Laws, equality of terms of the object of the sale-purchase agreement, equality of legal remedies against default parties. While the difference lies in a number of principles, differences due to the default law, and differences in dispute resolution.

Juridical Analysis of The Decision of The Maros State Court of The Legal Sure of The Right to The Land A Muhajir; A Muin Fahmal; Sufirman Rahman
Gerechtiheid Law Journal Vol 1 No 2 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

This study aims: 1). To review the basis for the consideration of the panel of judges in deciding the case Number: 17Pdt.G/2015.PN.MRS. 2). To study the legal consequences of the Maros District Court Decision Number: 17 Pdt.G/2015.PN.MRS. This research uses normative legal research methods, using primary and secondary legal materials. The collection of legal materials is carried out by reviewing the relevant regulations and laws and then processing it with a qualitative analysis analysis. The results showed that: 1) Legal Basis for Consideration of the Judge of the Maros District Court Number: 17 Pdt.G/2015.MRS Implementation of Actions The Head of the Maros Regency National Land Agency Office in issuing Freehold Certificate Number 00007/Desa Abbulosibatang on behalf of Rukaya has acted is not accurate and has contradicts the general principles of good governance, especially the principles of legal accuracy and certainty. 2) The legal consequence of the decision of the Panel of Judges Number: 17 Pdt.G/2015 The suitability of MRS of the Minister of Agrarian Affairs 11 of 2016 concerning the Settlement of Land Cases on the verdict is to cancel the certificate of land rights, which states that they do not have legal power over the certificate of land rights the. So it is necessary to process land registration for the first time again at the local National Land Agency Office by submitting an application letter and the necessary attachments.

The Legal Sure of Marriage Itsbat Towards The Status of Marriage (Study of The Decision of The Takalar Religious Court) Hudalinnas h; Syamsuddin Pasamai; Hamza Baharuddin
Gerechtiheid Law Journal Vol 1 No 2 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

The marriage ceremony is one of the government's efforts to provide services to people who do not yet have a marriage certificate to register their marriage again, so that they have legal certainty for their marital status. This research was conducted with the aim of knowing the implications that arise after the marriage ceremony by the judges at the Takalar Religious Court and to determine the factors that encourage husband and wife to propose marriage certificate. The method used in this research is the normative juridical method through two approaches, namely the statute approach and the case approach. The reason for using this method is because legal research is a process to find legal rules. The results showed that the implication of marriage status on marital status is related to the principle of legal certainty, namely by the existence of marriage, which was previously carried out, namely marriages that were not recorded by the Registrar of Marriages, making the marriage have legal certainty, meaning that it is in accordance with the legal objective, namely to regulate order. society in a peaceful and just manner and the marriage becomes legal. Itsbat nikah provides a foundation of certainty on the validity of the status of the child born. Meanwhile, the legal certainty of the status of marriage regarding the status of marital assets becomes clear about the ownership of joint assets.

Legal Protection Policy For Witnesses in The Criminal Jurisdiction Process Hadi Supriyanto
Gerechtiheid Law Journal Vol 1 No 2 (2020): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

In writing this scientific paper, the main focus is how a criminal justice process in effect in Indonesia, as regulated in the Criminal Procedure Code (CPC) has accommodated witness protection issues. The birth of the Witness Protection Law, as well as the author's observations on the criminal court process, have become concepts of thinking about the importance and need for witness protection in the criminal justice process. The problems in this scientific paper are how the legal formulation of witness protection in the criminal justice process, how the implementation of legal protection policies for witnesses in the criminal justice process, and how the legal formulation policies regarding witness protection in the criminal justice process in the future. On the basis of these observations, research was carried out by selecting the type of descriptive analytical research. The formulation of the witness protection law is a phenomenon of Indonesian criminal procedural law as a sub-system of criminal justice, where enforcement always intersects with law enforcers. In enforcing the law in the protection of witnesses, it was found that witnesses often did not receive legal protection and were even made suspects. Thus in the policy formulation of law regarding witness protection in the future, it is necessary to harmonize the law, both the Criminal Code, the Criminal Procedure Code which is formed in one legal system, so as to facilitate the implementation of the law. The witness and victim protection law is the nation's newest work in the development of Indonesian criminal law which has inspired a legal ideal that protects all human rights. the Indonesian nation, especially the rights of witnesses and victims in the criminal justice process. Thus witness protection law is a guideline in formulating criminal law in a standard legal system, namely in a legal formulation of the Indonesian criminal justice system.

The Effectiveness of Spatial Agrarian Functions/National Land Agency in Resolving Land Disputes Through Mediation Jihan Fahirah S. Rahman H. Baharuddin
Gerechtiheid Law Journal Vol 2 No 1 (2021): Gerechtigheid Law Journal
Publisher : Research institutions and community service Universitas Muhammadiyah Buton

The aims of this study are (i) to analyze and explain the effectiveness of the ATR/BPN function in resolving land disputes in Maros Regency, and (ii) to analyze and explain the factors that influence the effectiveness of the ATR/BPN function in resolving disputes through mediation. This research is an empirical research, namely legal research conducted with an approach to the legal reality in society. The data analysis technique used is descriptive qualitative, that is, after the data has been collected it is then poured in the form of a logical and systematic description, then analyzed to obtain clarity of problem solving, then deductive conclusions are drawn, namely from general things to specific things. The results of this study indicate that as a mediator, the ATR/BPN Office of Maros Regency has the function of assisting the parties in understanding each other's views and helping to find things that are considered important to them. Mediation within the land agency environment, in this case the ATR/BPN Office of Maros Regency, actually makes it easier for the community to resolve land disputes because at this time mediation efforts already have a legal umbrella equipped with adequate technical guidelines and instructions so that there is no doubt for the implementing apparatus to carry it out.

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Ferdy

Contact Email
laferdy.parewa39@gmail.com

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Journal Mail Official
laferdy.parewa39@gmail.com

Editorial Address
Jl. Betoambari No. 36 Kota Baubau Sulawesi Tenggara

Location
Kota bau bau,

Sulawesi tenggara

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Ferdy

Contact Email laferdy.parewa39@gmail.com

Phone -

Journal Mail Official laferdy.parewa39@gmail.com

Editorial Address Jl. Betoambari No. 36 Kota Baubau Sulawesi Tenggara

Location Kota bau bau, Sulawesi tenggara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Ferdy

Contact Email
laferdy.parewa39@gmail.com

Phone
-

Journal Mail Official
laferdy.parewa39@gmail.com

Editorial Address
Jl. Betoambari No. 36 Kota Baubau Sulawesi Tenggara

Location
Kota bau bau,

Sulawesi tenggara

INDONESIA