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Muhammad Andri
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INDONESIA
Justicia Journal
Published by Universitas Darul Ulum
ISSN : 25277278     EISSN : 28305221     DOI : https://doi.org/10.32492/jj.v14i2
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Justicia Journal merupakan publikasi di bidang ilmu-ilmu Hukum untuk mengkonsumsikan persoalan-persoalan Hukum dan aplikasinya. Jurnal ini didesain untuk mewadahi pemikiran-pemikiran ilmiah dalam perspektif hokum dan kemasyarakatan, sehingga mempersyaratkan tulisan yang bersifat ilmiah untuk dapat dimuat dalam setiap penerbitan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 120 Documents
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Politik Hukum Pengaturan Unsur Pimpinan Partai Politik kuswanto, kuswanto
Justicia Journal Vol. 4 No. 1 (2015): Vol. 4 No. 1 (2015): September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

Political party is a precondition for democracy. Political party should receive public trust to exist as the people’s representative. Indonesian politics to day distrusts the political party. Many politicians are prosecuted because commiting criminal offense such as corruption. To respond this situasion, the dignity of the political party needs to be restored. This article proposes that requirements of political party leader should be regulated in legislation. Political party leader should have moral and ethics capability higher than its regular member. Furthermore, this article proposes that the law No 2 of 2008 should be amended to accommodate this proposal.
Pelaksanaan Peraturan Daerah Di Era Otonomi Daerah Di Kabupaten Nganjuk Sholikhin Ruslie, Ahmad
Justicia Journal Vol. 4 No. 1 (2015): Vol. 4 No. 1 (2015): September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

The problem in this research is how the local government according to Law number 22 of 1999.?. With the aim of research to find out what regional regulations have been issued by the district government. With diskriptid qualitative research methods and the acquisition of data on primary data sourced from literature and field data.The results were obtained under unfounded OTDA number 22 of 1999, the government issued a lot PERDA Kediri in PERDA no. 9 of 2000 which establishes the Office 15, Office 8, 3 Agency, 21 districts, 4 Village, DPRD Secretariat, the Regional Secretariat with 4 Assistants and 10 Section.
Pengaruh Politik Indonesia Terhadap Penegakan Hukum Dalam Pemilihan Umum (Studi Tentang Pemilu Legislatif) Rafi’ie, Mohammad
Justicia Journal Vol. 4 No. 1 (2015): Vol. 4 No. 1 (2015): September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

In the general election (Election) 2004 legislative political representation in the general election isnot much different from the general election in the Orde Baru (Orba), ethics and professionalism politicsstill is not healthy, so it is difficult to distinguish between the era retormasi and New Order era thatalways raises political configuration repressive, and law enforcement is always income barriers aretriggered by unhealthy political,
Pengaruh Operasi Patuh Dalam Usaha Mencegah Terjadinya Kecelakaan Lalu Lintas Kajian (Pasal 360 (1) Kitab Undang-Undang Hukum Pidana prasodjo, romlan
Justicia Journal Vol. 4 No. 1 (2015): Vol. 4 No. 1 (2015): September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

The problem posed is how to exercise held adherent operation carried out by the National Police in order to prevent the occurrence of traffic accidents, especially in cases of serious injuries (Pasal 360 (1) of the Criminal Law Act shrimp) in the region of Madiun District Police? and the purpose of this study is to further explore the effects of the operation on Patuh in efforts to prevent traffic accidents, especially in cases of serious injuries (Pasal 360 Penal Code). The research approach menggukanan literature 1. (library research) 2. The field research (field research) in Madiun region police office, and POLRES POLRESTA Madiun Madiun. Analysis of study data using the theory of deductive and inductive theory.The result showed that the implementation of Operation Patuh conducted by INP is an activity the use of force Police (POLRI) efforts mitigation efforts before the accident to prevent and counteract disturbances and threats in order to ensure security, order and smooth traffic on the highway on a public road.
Akibat Hukum Perkawinan Sirri Ditinjau Dari Hukum Islam Dan Undang-Undang No. 1 Tahun 1974 Tentang Perkawinan Andri, Muhammad
Justicia Journal Vol. 4 No. 1 (2015): Vol. 4 No. 1 (2015): September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

Marriage is a bond between one's inner and outer man with person woman as husband - wife to form a happy home, the eternal popularity of divinity Almighty. The marriage was valid when conducted according to the Law on Religion and belief respectively and in order to have the force of law and apply the power of these marriages must be registered. Reality in all societies there is often a practice of marriage Sirri deemed lawful religion, but does not have the power under the law applicable positive.In this study in trying ffor know how the views of Islamic law and positive law in the implementation of marriage Sirri, the factors that led to marriage Sirri, and how the settlement process of marriage Sirri by positive law.The findings generated in this study are as follows: (1) the basis of marriage Sirri menutut Islamic law is valid, but according to the positive law of marriage does not have the power serve as evidence to ensure legal certainty. (A) major factors that lead to marriage Sirri was done because of lack of knowledge and awareness of the law that marriage is to be registered. (B) completion of the process according to the positive law is the determination of the completion of the ratification of the marriage, as well as with the decision of divorce into one.In order to ensure legal certainty in the face of Sirri marriage problems should be considered carefully whether the marriage is really fixed in accordance with the legislation in force, so that in case of divorce was not until there was a marriage that does not have a marriage certificate. So that people understand the need for a registered marriage tau listed, so do not arise from the law, because marriage Sirri then KUA officials did not hesitate to socialize.
Peranan Identifikasi Tes Dna Sebagai Alat Bukti Terhadap Sistem Perkara Pidana susilowati, tri
Justicia Journal Vol. 4 No. 1 (2015): Vol. 4 No. 1 (2015): September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

Law is a written rule as a means to achieve the goal, which is to create an atmosphere of secure,peaceful, orderly, and prosperous. By because the law must involve along with the development ofsociety, Science and technology the changes in people’s live, affects all elements relating to the law,including the creation of rules of law, application of the law, and law enforcement, etc.One specific thing is the increasing incident of criminal matters, good quality, quantity, or modusoperandi. It thus should be able to function protective, must be balanced by the quality andresponsibility of the State as protector and public servant.Efforts to control and eradicate criminal incident, the State is obliged to carry out preventive andrepressive action. Both of the efforts must be implemented in a balanced way, in order to create, orderwith in the community. One effort that is emphasized is the repressive efforts, these efforts taken sothat the legal function as protectors of the people of the event that was about to rape her can beenforced.In the effort repressive, such as is done by applying the proof of the events Criminal Case, which isbased on the existing rules of positive law, in order to ensure the dignity and human dignity, theprotection of Human Rights, in particular to the perpetrators of criminal events, Related to the evidence,the law of criminal procedure adheres to the system of proof under the law is negative (negativewettelijk bewijs theories). Therefore, the guilt of the accused before the court is determined by thejudge’s convictionThe provision relating to evidence and legal evidence, in the process of proving a criminal casebased on the Code of Criminal Procedure, and other legislations. Linkage general rules with specific rulesmentioned above, as a consequence of the development of criminal law (criminalization).Along with the development of science and technology today, cause a shift of Science andTechn0ology, in an effort to identification of the victim and shifted to the Dactiloskopi Sciences toMedical Science B-DNA structure.The use of the science related to the experts who testified based on his expertise has value thestrength of evidence is a loose, non-binding and determine, judges can use when deemed necessaryaccording to the provisions of the Act. In practice, associated with things that are special, to clarify aparticular issue, the judge asked for assistance to the experts, who have special expertise in the field, inorder to understand the problems of technical and specific nature that are not controlled by the judge.When the judge faces the problems related to the absence of the identity of the victim, the judgecan use DNA testing of evidence. DNA tests, presence in court is required to assist judge inunderstanding the things that are technical and scientific correlated as evidence from expertstestimonies, letters, and instructions by the judge in order to strengthen his faith in order to find thematerial truth.Should legislative policy for creation of the Book of the Law of Criminal Procedure in the future,defined the formulation of clauses that regulate expressly qualified an expert and legal evidence, alongwith the development of science and technology, so as to overcome the constraints in criminalproceedings.Law enforcement should not only emphasize the rule of law, but shifted in the benefit of law, inline with the objective of criminal law to seek the material truth.
Euthanasia Dalam Tinjauan Aspek Hak Asasi Manusia susilowati, tri
Justicia Journal Vol. 5 No. 1 (2016): VOL 5 NO.1 (2016) September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

With the development in the field of medicine, is not impossible to contain the thorny and complex issue which through knowledge and medical technology is very current, diagnosis of a disease can be more perfect, more immediate treatment can penyakitpun eefektif. With modern medical equipment, then the pain a person can diperingann seseorangpun life can be extended for a certain period of time by installing a "Respirator", even when the calculation of a person's death disease patients can be more precise.The problems that arise from such diverse medical technology advances, one of them is euthanasia. Euthanasia means the act, ending the life of someone who according to medical science will not sembuhlagi, or death actively facilitate actions, whether conducted by delivering pain medication overdose or with the tools necessary in maintaining the patient's life.Sedanglkan Passive euthanasia is given as an act of medical termination of patient effort. Of the two types of euthanasia mentioned above, in terms of Indonesian positive law was contrary to the 1945 Constitution, if the terms of Human Rights (HAM) is also contradictory premises n nature ofGodAlmighty.
Pengalihan Objek Jaminan Fidusia Oleh Debitur Tanpa Persetujuan Kreditur Dalam Perjanjian Kredit Bank prasodjo, romlan
Justicia Journal Vol. 5 No. 1 (2016): VOL 5 NO.1 (2016) September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

In the credit agreement, Financial Institutions (both bank and non-bank) always requires a guarantee that must be met to be able to get a loan. The credit agreement with a fiduciary is the measures taken in order to adapt it to the business world and the needs of the community. One of them will be discussed in this thesis that the object of fiduciary transfer of the bank credit agreement. Debtor acts by diverting the object of fiduciary without creditors' approval by reselling to third parties.The approach used is the approach taken by based on laws and regulations (statute approach), which is the approach taken to examine all laws and regulations relevant to the legal issues being addressed, as it also used the conceptual approach (conceptual approach ) approach that is referring to the definitions, concepts and opinions or arguments jurists. And issues to be discussed are legal consequences if the debtor objects fiduciary transferred without the consent of the creditors in the bank credit agreement, as well as legal protection for creditors to object the transfer of fiduciary by the debtor without the consent of the creditor.The legal consequences if the debtor to transfer the object of fiduciary without the consent of the lender based on the right material attached to the fiduciary and the nature of the droit de suite where such rights follow the object in the hands of anyone the object is, the creditor has the right to withdraw security object fiduciary and execution. Execution of fiduciary guarantee the seizure and sale of objects which became the object of fiduciary insurance for injury debtor promise to the creditor. Legal protection for creditors to object the transfer of fiduciary is by registering and insuring fiduciary guarantee object fiduciary. If no registration fiduciary guarantee it will not issue a certificate fiduciary, which means the deed of fiduciary considered to have no binding legal force, while the insured object fiduciary for the purpose of transfer of risk in the event of undesirable events such as the transfer of objects fiduciary by the debtor.
Redefinisi Jihad Makna Dan Manfaatnya sahal, Sahal afhami
Justicia Journal Vol. 5 No. 1 (2016): VOL 5 NO.1 (2016) September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

Jihad as a holy teachings of Islam which degrades the meaning, there is flow legality abusing Islamic jihad to violence, terrorism, and murder humans illegally. Though the true meaning of jihad is the struggle of all forms of struggle. This research will look for answers to the meaning and benefits of true jihad. The findings produced that jihad was taught Islam is a suggestion and not a goal that Islam teaches not only a form of warfare against the enemy but to fight on all aspects of life that brings people to ignorance, poverty, injustice, and even fight for my family members to do good deeds, and maintain parents. Fight against the enemy is not prohibited, but if the enemy had laid down arms it is no longer advisable to war. While the benefits are for the forgiveness of Allah and success in the life hereafter.
Telaah Dan Evaluasi Hukum Terhadap Eksistensi Ketetapan Mpr Secara Normatif Konstitusional Dalam Rangka Mengawal Tegaknya Konstitusi Negara husni, luthfi
Justicia Journal Vol. 5 No. 1 (2016): VOL 5 NO.1 (2016) September
Publisher : Fakultas Hukum Universitas Darul Ulum

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Abstract

Politics of Law none other than policy of law which not only will form and enforce law which written and organize as positive law, however also which must confess as single law which is have highest status. At Annual Conference of MPR in the year 2003, MPR specify Decision Of MPR RI Number of I/Mpr/2003 about Sighting to Items and Status Punish Decision of MPRS and Decision Of MPR RI since year 1960 up to year 2002. Target of forming of Decision of the MPR is to evaluate status and items punish each Decision of MPRS and Decision of MPR, specifying existence of Decision of MPRS and Decision of MPR to in this time and a period of to come, and also to give rule of law and Constitutional rights of citizen. Before Code Number 12 in the year 2011, and type of hierarchy law and regulation arranged in Code Number 10 in the year 2004 about Forming of Law And Regulation. In Section 7 sentence (1), wherein him do not the including Decision Of MPR. UU No. 12 in the year 2011 about Forming of Law And Regulation replaced in arranging law and regulation massage under Constitution and above Code/regulation of government of substitution of code (Perpu) so that peep out consequence punish in system legislation of us. On the contrary, entry of Decision of MPR in and type of hierarchy law and regulation exactly bear problem of new law, that is opposition between Rule Section 4 Decision Of MPR Number of I/Mpr/2003 Section 7 sentence (1) Code Number 12 in the year 2011.

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