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Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30319684     EISSN : 30319706     DOI : 10.62383
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Topics of interest in the Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 313 Documents
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Faktor-Faktor Pendorong dan Bentuk Perlindungan Hukum Terhadap Pegawai Koperasi Harian Korban Tindak Pidana Kekerasan Yang Dilakukan Konsumen Dalam Menjalankan Tugas Penagihan di Kota Kupang Ketut Yugi Paulus M. Elliek; Rudepel Petrus Leo; Deddy R. Ch. Manafe
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.696

Abstract

Legal protection for daily cooperatives is very important to ensure that their duties are carried out fairly, in accordance with applicable regulations, and without violating the rights of cooperative members. However, in the implementation of this task, there are often unwanted situations, such as violent crimes that can threaten the safety and integrity of daily cooperative employees. The inability to pay debts can trigger emotions and frustration on the part of borrowers, which in turn can trigger acts of violence against daily cooperative employees in the city of Kupang. Based on the above background, the following problem formulation is proposed: (1) What are the factors that encourage the occurrence of acts of violence against cooperative employees when carrying out collection duties? (2) What is the form of legal protection provided by the government to cooperative employees when carrying out collection duties?. This research was carried out in Kupang City, precisely at the PNM Mekaar Office, Kelapa Lima Kupang Branch. This research is an empirical legal research, which is carried out with a legislative approach and a case approach. The data were analyzed in a descriptive-qualitative manner. Based on the results of the research conducted, it was obtained that: (1) factors that encourage acts of violence against cooperative employees when carrying out collection duties, including: (a) Internal factors, including; (a) morality and education, (b) low consumer income factors, (c) consumer economic pressure, (d) uncontrolled emotions, (e) the influence of alcohol. b) External factors, including; (a) risky environmental factors, (b) social factors. (2) Forms of legal protection provided by the government to cooperative employees when carrying out collection duties, including: (a) Preemptive protection: can mean taking preventive measures. (b) Preventive Protection: This protection involves various policies, regulations, and mechanisms. (c) Repressive protection: actions taken to address, stop, or punish unlawful acts. The author's advice is to report the incident of violence to your superior, cooperative management, or the authorities as soon as possible. Make sure to follow the cooperative's internal procedures related to complaints and handling of violence.
Peranan Ahli Forensik Dalam Pembuktian Penyebab Kematian Remaja Putri Di Kuburan Cina Palembang Witasya Aurelia Sulaeman; Handar Subhandi Bakhtiar
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.709

Abstract

When it comes to crime, evidence is an issue that plays an important role in the legal process. This evidence determines the fate of the accused. In the event that the results of the examination of evidence based on the evidence provided by law are not sufficient to prove the guilt of the accused, if the guilt of the accused can be proven based on evidence, the accused is acquitted. According to Article 184 of the Criminal Procedure Code, a defendant must be punished first before being sentenced. Expert testimony is valid evidence, and Visum et Repertum can also be used as evidence to replace a manuscript in the form of a letter because Visum et Repertum is one aspect of the role of experts and/or expert testimony, so the relationship between the two cannot be separated. This study aims to determine the role of forensic legal experts in proving the cause of death and the position of evidence to reveal the cause of death of the victim. The method used in this study is normative legal research, using a statute approach and a case approach. The results of this study indicate that the role of forensic legal experts and the regulation of criminal law based on the evidentiary power of the visum et repertum in proving the cause of the victim's death.
Analisis Sistem Hukum Waris Adat Toraja Bagi Anak Angkat dan Anak Kandung Aulia Rahmah Dwiyanti; Zenita Delia Reviska; Salzabilla Cinta Aurellya
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.720

Abstract

Every human being will experience death, and will leave his property to his heirs. Indonesia adheres to three inheritance law systems, namely Islamic inheritance law, customary inheritance law, and western inheritance law (Burgerlijk Watboek). Customary inheritance law is a hereditary belief that regulates the distribution of wealth, both material and immaterial, to heirs. Toraja society adheres to a patrilineal system in its customary inheritance law, where inheritance rights are inherited through the male lineage. The Toraja traditional inheritance system has two main concepts, namely pa'tallang and pa'rinding. Pa'tallang Refers to the process of dividing inherited assets based on sacrifices made by the heirs during the testator's lifetime. The greater the sacrifice made, the greater the inheritance rights obtained. Meanwhile, pa'rinding is related to animal sacrifice during death ceremonies, which is also a determining factor in the distribution of inheritance. The results of the research show that adopted children who are recognized by custom can receive almost the same inheritance as their biological children, especially if the deceased person does not have biological children. In addition, biological children who do not participate in this ceremony may face serious consequences in terms of their inheritance rights, which can lead to reduced rights or even loss of inheritance rights altogether.
Efektivitas Arbitrase dalam Penyelesaian Sengketa Proyek Infrastruktur: (Studi Kasus Bank Garansi Bodong pada Jalan Tol Pandaan-Malang) Herlambang Herlambang
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.735

Abstract

The resolution of disputes in infrastructure projects requires an effective mechanism to ensure smooth project implementation. The fraudulent bank guarantee case in the Pandaan-Malang Toll Road project revealed weaknesses in public procurement oversight, where PT Setdco submitted a falsified bank guarantee, potentially causing losses to the Ministry of Public Works (PU) amounting to IDR 26.09 billion. This study aims to evaluate the effectiveness of arbitration as a dispute resolution mechanism in this case. The research employs a descriptive-analytical method with a qualitative approach, utilizing primary data such as arbitration documents and contracts, and secondary data from legal literature and media reports. The findings indicate that arbitration conducted through BANI provided a fast, fair, and binding solution for the disputing parties. However, the effectiveness of arbitration relies on the supervision of award implementation and regulations supporting accountability. In conclusion, arbitration can be a reliable mechanism for resolving infrastructure disputes if supported by an adequate system.
Partisipasi Masyarakat Dalam Pembentukan Peraturan Desa Di Desa Oeletsala Kecamatan Taebenu Kabupaten Kupang Donald Finit; Rafael Rape Tupen; Megi Octaviana Radji
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.738

Abstract

Oeletsala Village Regulation Number 3 of 2020 Oeletsala Village Revenue and Expenditure Budget for Fiscal Year 2020, Oeletsala Village Regulation Number 3 of 2021 Oeletsala Village Revenue and Expenditure Budget for Fiscal Year 2021, Oeletsala Village Regulation Number 02 of 2022 Oeletsala Village Medium-Term Development Plan (RPJM-DESA) for 2022-2027, Oeletsala Village Regulation Number 01 of 2022 Accountability Report on the Realization of the Oeletsala Village Revenue and Expenditure Budget for Fiscal Year 2021, Oeletsala Village Regulation Number 01 of 2023 Accountability Report on the Realization of the Oeletsala Village Revenue and Expenditure Budget for the 2022 Fiscal Year. This research is an empirical legal research based on events that occur in the field and research conducted directly. The sources of research data are primary data, secondary data and tertiary data. The analysis of legal materials uses analysis to test data from specific to general which is carried out in a juridical-qualitative manner and presented in a descriptive form. The results of the study show that: (1). Community participation is the active participation of community members as individuals, groups, or communities in joint decision-making, program planning and implementation, as well as the process of community development inside and outside the community. The basics of emotional awareness and responsibility. (2). internal obstacles to community participation in the formation of Oeletsala Village Regulations, related to low knowledge and education factors and community work factors that take up a lot of time, external community participation in the formation of Village Regulations, namely related to the role of the Oletsala Village government in building relationships with the community.
Agama dan Perubahan Sosial Nesia Mu’asyara; Atik Herawati; Hendika Prayoga; Putri Putri; M. Sopyan; Andini Putri Pangestika; Muldiyansyah Muldiyansyah; Abdul Aziz; Robi Adil
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.746

Abstract

Religion has a very important role in human life on this earth. Religion functions as a harmonizer of life. In the context of social change, religion directs change for the better. Religious teachings have a great influence in unifying people's perceptions of life. The presence of religion functions as a "social glue", fostering a sense of solidarity, creating peace, social control, bringing society towards safety, changing a person's life into a better life, motivating at work and a set of roles, all of which are in the context of maintaining social stability.
Pendaftaran Hak Cipta Lagu sebagai Objek Jaminan Fidusa Kadek Arya Oka Sumantara; I Wayan Novy Purwanto
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.747

Abstract

Song or Music Copyright with the provisions stipulated in Law Number 42 of 1999 concerning Fiduciary Guarantees, explains that "Song copyrights can be used as Fidusa Guarantees, however in practice, banks refuse to process loans originating from songs and music because so far there are no songs and music that are guaranteed to get a loan, as stipulated in Law Number 10 of 1998 concerning Banking. The purpose of this study is to (1) find out how the classification of song copyrights that can be registered as objects of fidusa guarantees, and (2) find out the model of legal arrangements for song copyrights that are registered as fidusa guarantee objects carried out by banks. The research used to examine this issue is of a normative juridical type and uses statutory and comparative approaches. Indonesian copyright law forms the basis of the legal information used in this research. Some of the data used in this study were collected from various journal papers on song copyright as well as findings from studies on copyright laws. The research findings show that (1) the Copyright Law does not sufficiently explain or describe the process for registering a song copyright as a fidusa guarantee and (2) the Bank's legal policy regarding song copyrights as a fidusa guarantee is based on Article 16 paragraph (3) of the Copyright Law.
Peran Mahkamah Konstitusi dalam Penyelesaian Sengketa Pemilihan Kepala Daerah Prio Suryanto Ibrahim; Karmila Saleh; Roy Marthen Moonti
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.756

Abstract

Regional Head Elections (Pilkada) are a manifestation of people's sovereignty and the implementation of democracy in Indonesia, as stipulated in the 1945 Constitution. This study examines the role of the Constitutional Court (MK) in resolving disputes over regional election results. The method used is normative juridical legal research, analyzing relevant regulations and literature. The MK holds permanent authority to adjudicate Pilkada disputes, replacing the Supreme Court. The impact of MK's decisions includes the implementation of Re-voting (PSU), which strengthens the legitimacy of Pilkada results and influences local political stability. However, challenges such as the complexity of evidence and reliance on the MK highlight weaknesses in the oversight system.  
Perilaku Bullying dan Upaya Guru BK dalam Mengatasinya Richo Surya Pradana; Firlia Candra Kartika; Ratih Agustin Rachmaningrum
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.758

Abstract

The school environment is often the target and spotlight of bullying behavior. The role of education in overcoming bullying behavior is associated with the efforts of guidance and counseling teachers at school. Guidance and counseling teachers can provide counseling services individually or in groups, with the aim of understanding the conditions and situations that are happening to students at school. This can make it easier to overcome, prevent and provide solutions to every problem that occurs to students. The research method used is a qualitative research method with data collection techniques of observation, interviews and documentation. This research is descriptive research with the aim of describing the forms of bullying behavior that occur at SMPN XY Malang City, as well as the efforts of guidance and counseling teachers in dealing with this problem. The subjects in this research were 8th grade students at SMPN XY Malang City. The results of this research show that the type of bullying behavior that often occurs is verbal harm which can ultimately cause mental harm. The guidance and counseling teacher at SMPN XY Malang created a social media account according to developments in the millennial generation. The results of the videos and posters presented by the BK teacher are aimed at providing education to students regarding the services provided.
Kejahatan Genosida dan Hukum Internasional: Analisis Peran Icc dan Hambatan Yang Dihadapi dalam Penegakan Keadilan Nike Cahyaningrum; Wardah Apriani; Rahma Syifa Az Zahra; Clarissa Adinda Intan Artamevia; Nysa Amalia
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 1 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i1.762

Abstract

Genocide is one of the most serious crimes in international law, regulated by various legal instruments such as the 1948 Genocide Convention and the 1998 Rome Statute. This crime involves the intent to destroy, in whole or in part, a group based on race, ethnicity, religion, or nationality. This study aims to analyze the role of the International Criminal Court (ICC) in enforcing genocide law and identify the obstacles in applying individual criminal responsibility. Additionally, mechanisms for resolving genocide disputes through peaceful and legal means in international law are discussed. The research employs a qualitative approach with a descriptive-analytical method, analyzing international legal documents and case studies. The results show that although the ICC has jurisdiction to try genocide cases, law enforcement processes often face political challenges, particularly the UN Security Council veto power and state sovereignty. In conclusion, international efforts to address genocide require stronger cross-country cooperation and enhanced legal mechanisms to overcome political and diplomatic challenges.

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