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VRISPRAAK, International Journal of Law
Published by STAI Miftahul Ula
ISSN : -     EISSN : 25974491     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
VRISPRAAK, International Journal of Law publishes research on various topics, national laws and international law, including analysis of laws and judges decisions. The journal has published some of the most popular and popular articles in this field. This is an invaluable resource for academics and also interested in current analysis of current legal issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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The Power Of Presidential Legislation After The Amendment of UUD 1945 Suling, Moh. Sulfikar
VRISPRAAK : International Journal of Law Vol. 8 No. 2 (2024): September 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i2.1156

Abstract

This research is to analyze and understand the accordance of the presidential legislative power after the amendment of the UUD 1945 to the presidential system principles. This legal research used statute approach, conceptual, comparative, and historical. Primary and secondary legal materials used in this study were collected through literature which investigates and inventory the legal materials with documents, literature books, law journals, and legislation related to the object of research. Legal materials that have been obtained are described and presented descriptively and analytically deduced by using the deductive method. The results showed that the presidential legislative power after the amendment of the UUD 1945 is not in accordance with the principle of the presidential system of government explicitly separating the executive and legislative branches of power in the power system as an implementation of the idea of ??limiting state power and the principle of popular sovereignty. The presidential legislative power after the amendment of the UUD 1945 tends to weaken the legislative function, creates an imbalance between the executive and the legislature, and inhibit the realization of the legislation in accordance with the will of the people.
The Existence Of The Village Secretary From Civil Servants In The Administration Of The Village Government : (The Study in Sub-district of North Luwuk in Banggai District) Nur, Nirwan Moh.; Risno Mina
VRISPRAAK : International Journal of Law Vol. 8 No. 2 (2024): September 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i2.1157

Abstract

The existence of village secretaries from civil servants is expected to make the village government management more effective, especially in the service to the community. However, as mentioned above, expectations in other perspectives need to be tested in the field. The village perspective as a community unit which is having an original autonomy based on its origin and custom, the presence of village secretaries from civil servant is certainly subjects to the norms of personnel in carrying out their duties and responsibilities. In the northern Banggai in Luwuk district, the village secretaries from civil servants are very helpful and have the ability to administer the public service administration and governance. But in the preparation of the annual work program and the village budgets, every year the village secretary is not optimal in carrying out their duties. The labor relation and the village secretary relationship with other tools in other villages in assisting the village head in order to strengthen the village autonomy and in order to improve the public services and in the development of village has proceeded well.
Comparison of Customary Inheritance and the Compilation of Islamic Law: A Study of Inheritance Distribution in Indonesia Miftahuddin, Abdul Hafidz; Masduqi
VRISPRAAK : International Journal of Law Vol. 8 No. 2 (2024): September 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i2.1158

Abstract

Inheritance is an important part of social life that regulates the transfer of inheritance from the testator to the heirs. In Indonesia, the inheritance system is regulated in two main legal frameworks, namely customary inheritance law and Islamic inheritance law contained in the Compilation of Islamic Law (KHI). This article discusses the differences and similarities between the two legal systems, including the basic principles, principles, and mechanisms of inheritance distribution applied in society. Customary inheritance law tends to vary because it is influenced by local culture and the prevailing kinship system, such as patrilineal, matrilineal and bilateral. Meanwhile, Islamic inheritance law is sourced from the Qur'an and Hadith with more structured and binding principles of division. This article also highlights the role of KHI in providing legal certainty for Muslims in Indonesia as well as the challenges in harmonising customary and Islamic inheritance laws in daily practice.
Reforming Government Public Land Parigi Moutong District Of Sulawesi Province Maisa; Haerani Husainy
VRISPRAAK : International Journal of Law Vol. 8 No. 2 (2024): September 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i2.1159

Abstract

The main problem discussed in this study is the legal aspect of public land management by the Government. The main legal issues that discussed is the legal basis for the implementation of public land consolidation, land consolidation mechanism and the accuracy of the method of land consolidation by the Local Government Parigi Moutong district, Central Sulawesi. This study uses the type of normative legal research to answer the problem formulation. The results showed that the land consolidation program is one of the legal institutions that used by the government in arranging a settlement area by involving citizens in its implementation through a decree as an instrument of public law while a decree as a private legal instrument containing the agreement of the participants of land consolidation with the government over land Consolidation Team. The program is more appropriate to use the voluntary method as a legal basis for the establishment of legal rules in implementing the land consolidation program in district of Parigi Moutong. It is recommend that the legal basis of land consolidation program remains consistent referring to the applicable law which is adapted with its principle. In addition, Land Consolidation Team should issues land certificates so that all land consolidation participants can ensure the consolidation of rights and the use of land, and the government consistently using voluntary and deliberation method as a settlement of legal dispute in case of disputes.
Human Right, PSK And Justice In Law Octarina, Nynda Fatmawati; Muh. Barid Nizarudin Wajdi
VRISPRAAK : International Journal of Law Vol. 8 No. 2 (2024): September 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i2.1160

Abstract

Human rights is an international issue and a highly prominent source of conversation in the current decade. This requires serious attention for its enormous dimensions of its influence in international and national life. The state of Indonesia as a state of law (rechtstaat) also needs to be understood higher attention to human rights. Therefore, that in reform era, a big agenda requires a change of life order in nation and state. One of the most notable changes is the protection of citizen rights related to Human Rights itself. Journalist as journalistic perpetrator can be categorized as a witness or victim if the condition fulfills the requirement as witness or victim as mentioned in Law of Witness and Victim Protection, Criminal Code. Victim means journalist is suffering from physical, mental, and/or economic loss caused by criminal act and as a witness if the reporter hears on his own behalf and personally experiences a criminal act. As a witness and victim, journalist is also entitled to the protection of the law granted by the state as in Witness and Victim Protection Act. These rights ensure safety and security of witnesses and victims to assist smoothness in a criminal proceeding process.
The Concept of Mut'ah Marriage in Islamic Jurisprudence Afiful Huda
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1161

Abstract

Nikah Mut'ah contract is when a man marries a woman by specifying the length of their marriage period, whether it is a day, a week, or a month, or other time limits. That mut'ah marriage was once allowed by the Prophet PBUH is not denied by Ahlu Sunnah scholars. There are reports that mention the practice of mut'ah marriage at the time of the Prophet, but there are also many reports that confirm that mut'ah marriage has been cancelled. The schools of Maliki, Shafi'I, Hanafi and Hambali agree that mut'ah marriage or contract marriage is haram and invalid. Imam Shafi'i said, Mut'ah marriage which is prohibited is all marriages that are limited by time, either in the short term or long term, while Imam Nawawi said, Mut'ah marriage is not allowed, because marriage is basically a mutlaq aqad, so it is not valid if it is limited by time.
Unregistered Marriage in the Study of Indonesian Positive Law and Islamic Law Hasbiyalla, Iklil
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1162

Abstract

Marriage is a sacred institution in Islam and state law that aims to form a harmonious family. However, in practice, there are still many people who conduct marriages without official registration at the Office of Religious Affairs (KUA), known as nikah siri. This study aims to analyse the views of Islamic law and Indonesian state law on nikah siri, as well as the impacts of this practice. Under Islamic law, siri marriages can be considered valid if they fulfil the conditions and pillars of marriage, although the practice remains controversial. From the perspective of state law, siri marriages are not recognised because they do not fulfil the element of registration as stipulated in Marriage Law No 1 of 1974. While siri marriage has positive impacts, such as avoiding adultery, it also has greater negative impacts, especially in terms of legal protection for women and children. Therefore, marriage registration is a crucial aspect in safeguarding the rights of married couples as well as order in society.
Analysis of Judges' Decisions in Gender-Based Violence Cases at the Religious Courts Dimyati, Yayat
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1163

Abstract

Gender-based violence (GBV) remains a serious challenge in Indonesian society, including within the family. Religious Courts, as legal institutions that handle family disputes, have an important role in providing justice to victims, especially women. This article analyses the pattern of judges' decisions in cases of gender-based violence in the Religious Courts with a focus on the factors that influence decisions and the relevance of these decisions to the principles of gender justice. Using normative and empirical juridical approaches, it is found that despite efforts to protect victims of GBV, there are still challenges in proof and application of substantive justice principles. This article recommends training for judges, improving access to legal aid for victims, and improving regulations to strengthen legal protection for victims of gender-based violence.
Legal and Social Implications of Underage Marriage in the Context of Islam and Legislation Ekaningsih, Lely Ana Ferawati
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1164

Abstract

Marriage is a social institution that aims to form a harmonious and prosperous family. However, in several regions in Indonesia, the practice of underage marriage is still rampant even though there are regulations governing the minimum age of marriage, such as in Marriage Law No. 1 of 1974. This study aims to examine the factors behind the practice of underage marriage, its implications for domestic life, and how Islamic law and Indonesian positive law view this phenomenon. The results show that economic factors, culture, promiscuity, and lack of understanding of the law are the main causes of underage marriage. This practice often has a negative impact on children's health, education and welfare, and increases the risk of divorce. Therefore, it is necessary to strengthen regulations, increase public awareness, and interventions from various parties to reduce the number of underage marriages.
Use Of Criminal Investigation Scientific Method In Crime Investigation: (Case Study in South Sulawesi Police) Farah Syah Reza
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i1.1165

Abstract

Implementation of the use of methods scientific criminal investigation (SCIM) by the holder of the legal authority to take action to investigation in uncovering a criminal act and an attempt to find the culprit is a scientific approach to the implementation of the inquiry and investigation that can be used by police investigators in general and investigators in the ranks of the Police Sulawesi Police South in carrying out its functions and authority in the field of criminal investigation that occurred in their jurisdiction. This approach is a scientific approach to the functioning of the technology as an effort of finding evidence of transparent and accountable in the investigation of a crime. This method is seen as a solution or answer to the various modes of crimes using technological means.

Page 4 of 5 | Total Record : 45

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