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Suwari Akhmaddhian
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Unifikasi: Jurnal Ilmu Hukum
Published by Universitas Kuningan
ISSN : 23545976     EISSN : 25807382     DOI : https://doi.org/10.25134/unifikasi.v11i1.9536
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice
Unifikasi: Jurnal Ilmu Hukum, an ISSN national journal p-ISSN 2354-5976, e-ISSN 2580-7382, provides a forum for publishing research result articles, articles and review books from academics, analysts, practitioners and those interested in providing literature on Legal Studies. Scientific articles covering: Sustainable Development Goals (SDGs) Law, Natural Resources Law and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol 8, No 1 (2021)" : 15 Documents clear
Criminal Law Politics: Law Concerning Corruption Crimes Eradication Yazid Bustomi; Reza Pahlevi; Ariyanti Lady Sakinata
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3557

Abstract

The purpose of this study is to analyze the law authority through criminal law politics states in the law concerning corruption. This study employed a normative juridical method with conceptual and statue approaches. This research collected the data from primary and secondary legal materials. These are to obtain a critical study of legal issues happening in society. The findings revealed that the criminal act of corruption does not provide a deterrent effect and is actually detrimental to the state. In addition, this study also found that the law concerning corruption increases the state’s burden. This is because the prison sentence for corruptors is too light. The amount of money proceeds from corruption is not comparable to state spending in supporting the life of corrupt convicts in prison. The standard of penalty state in the law is too light compare to the result of corruption. Thus, it is necessary to reform the law on corruption due to the absence of proportionality in law and large losses to the state when dealing with corruption. The highest standard penalty for corruption only amounts to one billion Rupiah. In fact, many corruption cases reach to tens billions and even trillions rupiahs.
Surrogate Mother Validity against Children’s Civil Status: Comparative Study, Surrogate Mother in Indonesia and Ukraine Adinda Permana Putri; Dwi Aryanti Ramadhani
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3950

Abstract

Nowadays, technology is getting more advanced.  For example, IVF or "In Vitro Fertilization (IVF)" with a surrogate mother. A surrogate mother is a woman who has no relationship at all with a spouse who owns the seed then makes an agreement with them to rent out her uterus in exchange for material things. This study aims to determine the Surrogate Mother validity in Indonesia and in Ukraine on born children's civil status. This study employed normative juridical methods. The findings revealed Surrogate mothers is not allowed as it against the existing law in Indonesia. This is stated in Article 127 of Law Number 36 the Year 2009, the prohibition of the surrogate mother agreement. However, if a child is born from a Surrogate Mother, his civil status will be of surrogate mother's child. In Ukraine, on the other hand, the surrogate mother is legal.  This is stated in Article 123 of the Family Code of Ukraine 2002, the children’s civil status is a genetic child of a spouse who owns the seed
Local Government Policy: Converting Agricultural Land to Housing Suwari Akhmaddhian; Haris Budiman; Erga Yuhandra; Septian Apriditiya
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3451

Abstract

This study aims to determine the regulation of converting agricultural land into housing and the suitability of its implementations. This study employed a juridical empirical approach which is a research done by looking at and paying attention to applicable legal norms associated with existing facts from the problems encountered. In this case,  the local government policies on converting agricultural land into housing. The findings revealed the perpetrators of the land conversion process that occur in Kuningan Regency are the landowners. Some of the causes are: social, economic, population density, and the lack of socialization of Law Number 41 of 2009. Efforts made by local government officials and related agency officials to realize sustainable food land protection are still limited to carrying out their main duties and functions. The guideline in controlling the use of space, licensing and controlling mechanisms for the implementation of development, stated in the Regional Regulation of Kuningan Regency Number 26 of 2011 on regional Spatial Planning and Regulation of the Head of the National Land Agency Number 2 of 2011 concerning guidelines for technical land considerations in controlling location permits and determining locations and permits for changes in land use. The study concluded that converting the function of agricultural land to non-agriculture in Kuningan Regency is carried out by the landowner. In addition, efforts made by local government officials and related agency officials to realize sustainable food land protection are still limited to carrying out their main duties and functions. Accordingly, it is necessary to socialize Law Number 41 of 2009 on Protection of Sustainable Food Agricultural Land and Regional Regulation of Kuningan Regency Number 26 of 2011 concerning Regional Spatial Planning continuously to the community level. Furthermore, local governments need to coordinate with the village officials to monitor the use of agricultural land and the development of housing areas. This can be done by providing socialization to village officials.
The Efforts to Realize Responsive Local Regulations for Community Development Tanti Kirana Utami
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.4402

Abstract

Each formation of local regulations must meet philosophical, sociological, and juridical elements. This aims to form local regulations that can keep up with the community developments and can be applied effectively. The problems under the study were the requirements and efforts related to responsive local regulations. The study employed a normative-juridical approach. Specifically, This study used descriptive-analytical research. The findings revealed the local regulations must have clear philosophical, sociological, and juridical values to create a responsive regulation to community development. In addition, this study also concluded that this matter also gave the community an opportunity to take part in forming local regulations. Meanwhile, the efforts can also be done by establishing local regulations based on applicable laws and regulations. Besides, this should also be accompanied by academic texts and public hearing to gather public opinion on the discussion of draft local regulations
Employment Termination in the Middle of Covid-19 Pandemic: Labor Law Point of View Aris Prio Agus Santoso; Erna Chotidjah Suhatmi
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3571

Abstract

Article 28D paragraph (2) of the 1945 Constitution states everyone has the right to work and to receive fair and proper compensation and treatment in a working relationship. It is emphasized in Article 151 (1) of Law no. 13/2003 concerning Manpower. The entrepreneurs, workers/laborers, trade/labor unions, and the government must make every effort to prevent an employment termination. In fact, many workers have been terminated and some even did not receive any severance pay at all. Accordingly, the researchers formulated the following research questions: how to terminate employment in the midst of the Covid-19 pandemic, and how is the government’s responsibility for the welfare guarantees for workers. This research employed a normative juridical approach by collecting data from literature studies. The data obtained were analyzed qualitatively. The findings revealed the layoffs in the midst of the Covid-19 pandemic were a breach of contract by entrepreneurs.  The entrepreneurs were still obliged to provide severance pay, reward money, and compensation money. In addition, the government has also provided accountability in the form of an economy, the Pre-Work Card. With this card, workers can develop workforce competence, increase productivity and competitiveness of the workforce, and develop entrepreneurship. The Manpower Office responsible for this program also participated in the workforce supervising and guiding
The Court Role in Providing E-court System Education to Community: Post-Enactment of Supreme Court Regulation Number 1 of 2019 Vania Shafira Yuniar; Jihan Syahida Sulistyanti; Dian Latifiani
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3697

Abstract

The judicial system in Indonesia has now begun to adapt to the developments in information and technology to improve court case administration services which are realized through the digitization of court cases or known as the electronic justice system (e-court). E-court is a case processing service. It involves registration, payment of fees, and court summons via electronic media and online. The implementation of e-court in Indonesia is based on supreme court regulation No.1 of 2019 on Electronic case and trial administration in courts. This e-court system is designed to create an effective, efficient, and cost-effective Indonesian justice system for justice seekers. However, the lack of public understanding of the e-court system becomes an obstacle to implementing an e-court system in Indonesia. This research aims to analyze how the role of the court in socializing the e-court system to the public as an effort to improve case administration services in court. The research employed normative legal research and a literature study approach with the secondary assessment of legal materials and juridical data analysis. The findings revealed that the current courts are still working to improve technology-based court administration services (e-court) to the public by providing explanations and education through the official website of state court accounts spread throughout Indonesia. In addition, the court has also massively socialized the implementation of the e-court system to the public, advocates/lawyers, and court officials via online and offline. Unfortunately, for people who wish to litigate electronically at this time, it can only be done by cooperating with advocates/lawyers who have e-court access.
Legal Protection for Victims of Domestic Violence: The Pandemic of Covid-19 Natasya Nadia Putri; Heru Suyanto
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3876

Abstract

During the pandemic of Covid-19, cases of domestic violence (KDRT) in Indonesia increased. This is because the people experience stress during the pandemic. The stress arises due to the implementation of Large-Scale Social Restrictions (PSBB) set by the Government.  In the PSBB period, all normal activities were disrupted, and even affected the economic situation of the community. Accordingly, the researcher discusses the following research problem: The form of legal protection for victims of domestic violence during the Covid-19 pandemic and the factors influence the increase in domestic violence during the pandemic of covid-19. This study employed normative juridical approach. The legal materials in this study were derived from statutory regulations, books, other scientific works, or dictionaries. In conclusion, to impose Large-Scale Social Restrictions (PSBB), the Regional Government needs to review the impact of PSBB on the family. Accordingly, this research is expected to provide an understanding to the public relates to the form of legal protection for everyone who experiences domestic violence during the pandemic. This is stipulated in Law No.23 of 2004 concerning the elimination of domestic violence and the factors influence the domestic violance
Legal Discovery in Islamic Perspective Shabika Azzaria Putri; Labitha Cetizta Irwanti; Ari Rahmat Elsad
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3848

Abstract

In general, legal discovery refers to conducting legal searches when the statutory regulations are not regulated and are unclear. Legal discovery is not only based on the concept of positive law, but it also refers to Islamic concepts. This aims to find the law on an issue where the regulation is not yet regulated. Thus, inexistence and unclear issues in law become present and apparent. Legal discovery in Islamic concept is known as Ijtihad, an act and an effort to find, understand, and formulate Islamic Shari’ah ruling. Legal discovery in Islam is conducted using several methods including istinbat, interpretation, literal/linguistic, causation (ta’lili), and synchronization methodologies. Other methods of legal discovery are qiyas, istihsan, maslahah mursalah, istishhab, urf, mazhab shahabi which cannot be separated from the main sources of Islamic law, the Qur’an and hadith. Meanwhile, ra'yu and ijtihad are ways of thinking in understanding the Qur’an and hadith. These are to determine a problem where its nash has not been determined. The researchers employed library research in this study. The study examined the documents using secondary data and analyzed it using a qualitative method where the data are described in words, not numbers. In addition, the data collection is based on literature studies taken from books, journals, and internet sources related to legal discovery in the Islamic concept.
The Political Law of National Economic Development: A Nation of Law Perspective Ifrani Ifrani
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.2795

Abstract

Law and economic are the pillars of development. They must be compatible and aligned in the interests of the people. Accordingly, the policy direction of political and economic laws must have value. Thus, the objective of the law can be achieved. In addition, laws are made and built to regulate the business behavior done by investors. These are to protect their economic activities with laws. For these reasons, this research is formulated. This research focused on the following problems: First, how is the concept of law as the basis of economic development? Second, how is the policy direction of political law in National Economic Development? This research employed a normative method and conceptual and historical approach. The findings revealed two ideas: First, five elements such as stability, predictability, fairness, education, and the special development abilities of the lawyer must be developed so that law does not hamper the economy. Second, the policy direction of political law in national economic development is a reflection of the objectives of Indonesian development. Therefore, the development of economic law needs integrated and interdisciplinary skills that require tolerance.
Legal Protection for Doctors in Health Service Practices Eriawan Agung Nugroho; Anggraeni Endah Kusumaningrum
UNIFIKASI : Jurnal Ilmu Hukum Vol 8, No 1 (2021)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v8i1.3619

Abstract

The advanced developments in technology, information, and knowledge, especially in the fields of health and law, will have a negative impact on the mindset of society, especially in health services. This is proven by the wide variety of demands on medical personnel, the doctors who practice medicine. Cases of suspected malpractice are often over-reported by the mass media and social media. Doctors are seen to have no responsibility or making mistakes in their profession. In fact, all the news that is delivered or written does not necessarily reflect reality. The actions were taken by the doctor corresponds with professional standards and standard for operating procedures. This study aims to explore the analysis of legal protection implementation and its weaknesses in a medical dispute between doctors and patients. This study employed a normative juridical approach by library research. The primary and secondary legal material sources were taken from laws, books, and scientific journals. The findings revealed that in doing medical practice, doctors must fulfill informed consent and medical records. This is to serve as evidence that can exempt the doctors from all lawsuits if malpractice allegations arise. There are many reasons for the repeal of the doctors’ sentences to free them from lawsuits. This includes the risk of medication and medical accidents. In conclusion, a doctor who has carried out his duties based on professional standards, service standards, and standard operating procedures is entitled to proper legal protection based on the value of justice

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