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Problematika Teori Hukum, Konstruksi Hukum, dan Kesadaran Sosial Isdiyanto, Ilham Yuli
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

This theoretical-normative study aims to determine the problematic use of legal theory and its impact on the construction of the law itself. This is very important because the construction of todays law has not created a social awareness of the law so that law enforcement becomes difficult. The discussion in this study raises several issues to be studied, such as; what is the dependencies pattern between law and social awareness? Then how to reconstruct them in the current of the Theory of Law? And the last is; what is the proper direction of legal creation? The results of this study conclude: First, the problem of alienation and distortion between law and society is just like an iceberg phenomenon because the main problem lies within the understanding theoritical of the law itself. Second, the relationship between law and social awareness is the dependence relationship, where the legal product must reflect social awareness so that the actualization of the law is accepted by society as its need. Third, discussing the correlation between law and society is not enough with normative thought (prescriptive), but also empirical (descriptive), so the theory of law plays a very important role to bring this multidisciplinary understanding back to normative thought that prescriptive. Fourth, the legal product which is not based on normative thought is very dangerous because it will be very liberal and far from social morality based on social values, thus there will be alienation and distortion between law and society, or in other words law does not reflect the social awareness.

Kontekstualisasi Pendayagunaan Zakat di Badan Amil Zakat Nasional (BAZNAS) Kota Pekanbaru Berdasarkan Undang-Undang No. 23 Tahun 2011 Tentang Pengelolaan Zakat Triana, Yeni; Basri, Hasan; Azani, Muhammad
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

Article 27 Paragraph (1) and (2) Â Â Law of 23 Year 2011 on management of zakat states that zakat can be empowered for the weak economic community. This article discusses contextualization, contextualization efforts, obstacles and efforts to overcome the constraints of the contextualization of utilization of zakat in Baznas Pekanbaru City based on Law of 23 2011 on Zakat Management. The results showed that the contextualization of utilization of zakat in Baznas Pekanbaru City is ijtihad conducted by amil zakat in an effort to increase the prosperity of mustahik zakat into muzaki. Article 27 Paragraph (1) and Paragraph (2) above make no clear mention of appropriate models, patterns and mechanisms regarding the utilization of zakat in the sense of empowerment, so that the contextualization ijtihad conducted by Baznas Pekanbaru City is very different from the pattern of zakat utilization in the other region. Contextualization effort is an effort to change the mindset of zakat mustahik from consumptive to be productive in accordance with the purpose of substance of zakat. These efforts should be followed with appropriate and appropriate targeted patterns of community empowerment. Contextualization efforts should have a roadmap (roadmap) as a guide for the implementation of zakat utilization. The Strategy conducted by Baznas Pekanbaru City in carrying out the above efforts is to development zakat community based or zakat community development. Obstacles and efforts to be done in overcoming these barriers are, first, the lack of public awareness in zakat, thus, its lack understanding should be overcomed by increasing the socialization of true rule (fiqh) of zakat. Second, the lack of qualified human resources should be overcomed by increasing the well understanding of zakat for amil zakat, its management, and its empowerment. Third, the inadequate barriers about zakat information systems have resulted in unintegrated of the mustahik and muzaki database, that is why, it should be complemented with the updated integration of zakat management information system.

Pandangan Yuridis Sosiologis Fenomena Street Justice Di Dalam Kehidupan Bermasyarakat Isnawan, Fuadi
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

The law in peoples lives serves as a safeguard in living life. The law is present as a guardian of society. However, in fact, the law often found unimplemented. This fact will effect on providing security for the community. The Powerless of the law would lead to what so called street justice or court justice. The long way to get legal procedure grows the societyâs anger and leads them to take down the punishment by them self. The phenomenon of street justice influenced by several factors, such as the lack of law awareness and its legal compliance. In this paper, we will use empirical research with the perspective of legal sociology.

Pembayaran Ganti Rugi Tanah Jalan Tol Pekanbaru-Kandis Berdasarkan Asas Kepentingan Umum Andrizal, Andrizal
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

The land procurement by the state often raises different opinions about the form or amount of the compensation. The compensation could be done several ways like setting executive compensation, sue the legal problem to the court or others. If the mentioned above do not bring positivelty succeed, then the last alternative is done through deposit for damages to the District Court. This research deals with two problems: 1) how is the implementation of compensation of land procurement by state for highway in Pekanbaru-Kandis; 2) How is the mechanism to compensate the retribution which deposited at the district court. This research approached by legal empirical study and viewed with sociology of law. The results are that the compensation of land authorization by state is done in January 2016 which covers 133 areas. In the case of land mastery dispute and its compensation has been deposited in the district court, it could be taken at court secretariat after the court verdict or based on peace agreement along with cover letter from The Chief Executive of Land Procurement/National Land Agency.

Perdagangan Internasional dan HAM: Relasinya dengan Sustainable Development Prakasa, Satria Unggul Wicaksana
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

Industrialization and export and import activities between countries around the world in this era of globalization. the issue of sustainable development in which the trade also related with physical and environmental aspects, but also considers the benefits and security of the man himself. Many facts encountered that some cases were found, the non-compliance of transnational corporations to pay attention to the principles of human rights fulfillment. Legal issues raised: (1) provisions on international trade, environment, and human rights. (2) case analysis related to international trade, environment and human rights. The research method used statue approach, conceptual approach, and case approach. Research results: (1) Countries are expected an important role in securing how the effects of human rights violations resulting from international trade activities can be minimized in such a way through the principles to protect, and respect for the human rights of citizens. Thus, the public benefits from many international trade activities conducted by the state. as well as sustainable development is also realized through the principle of remedy for transnational corporations found to have done environmental damage and accompanied by human rights violations in its business activities. (2) In the cases presented, it has proved that transnational corporations directly commit human rights violations and environmental destruction, to threats to the state sovereignty process. This issue needs to be addressed in the enforcement of international legal mechanisms. In the extraterritorial courts decision, it is difficult for plaintiffs who are victims of justice and accountability for human rights violations and environmental damage.

Utang dan Pengakhiran Perjanjian Secarap Sepihak (Studi Kasus Perjanjian Konsultan PT. Garuda dan PT. Magnus Noviyanti, Awalia; Dewanto, Mukti Fajar Nur
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

This article aims to analyze the existence of the debt in reciprocal agreement between PT. Garuda and PT. Magnus, and about the termination of agreement which set aside article 1266 Civil Law unilaterally whether could cancel debt payment obligation or not. This research is normative research which observes the data that correlated to agreement, debt, act againts the law, and termination of agreement which set aside the article 1266 Civil Law. The approach of this article is statute approach which review the data that have correlation with law of agreement and termination of agreement, and case approach. It is the case of PT. Garuda and PT. Magnus. The data collection was done by library research that observing the data about law of agreement and termination of agreement. The result of research shows that there must be approval from each party in reciprocal agreement. Thus, the debt of PT. Garuda to PT. Magnus is the obligation that must be fulfilled due to PT. Magnus has worked maximally to complete its obligation. In other side, the termination of law which set aside article 1266 Civil Law is act againts the law, therefore the obligation to pay the debt must be done, in the reason of there is indemnification in act againts the law.

Konsep Penyelesaian Perambahan Kawasan Taman Wisata Alam (TWA) Holiday Resort di Kabupaten Labuhan Batu Selatan Provonsi Sumatera Utara Marisca, Ovien; Widowaty, Yeni
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

The rising population has the potential to increase the need for land, on the other hand faced with the fact that the land is not increased. The most accessible target is forest area. This is what opens up opportunities for forest encroachment. The TWA Holiday Resort Forest area initially includes production forests. Part of the area has been converted into plantation area. To save some of it again, the Minister of Forestry issued Decree No. 695/Kpts-II/1990 which establishes its transition function to TWA (Holiday Resort). The condition of TWA Holiday Resort area is now very worrying. The purpose of this study is to examine, analyze the implementation of forest protection principles in the case of the TWA Holiday Ressort Expansion Area in Labuhan Batu Selatan Regency and to mnyusun Concept of Settlement of TWA Holiday Resort in Labuhan Batu Selatan Regency. The type of research used is empirical juridical consisting of primary data and secondary data. Primary data was conducted with field research at TWA Labuhan Batu Selatan. The result of the research shows that Implementation of forest protection in Labuhan Batu Selatan Regency has not run well because of the lack of firmness of local government apparatus and law enforcement officers in overcoming the encroachment of TWA forest area, so there are still many activities of encroachment done by society even there which established private elementary and junior high schools, village head offices and other buildings. The concept of completing the encroachment of TWA Holiday Resort in the future is to renew the law by improving Law No. 41 of 1999 on forestry, because in article 78 of the Forestry Law the criminal offense starts from letter d, article 78 a, b, and c not mentioned sanctions, In addition to legal reforms, which need to be improved such as law enforcers, the parties that form and apply the law must be good, facilities or facilities that support law enforcement must also be good, the community or the environment in which the law is applied must support, this is so that efforts in tackling the encroachment of TWA area can be more effective.

Ilmu Hukum Sebagai Keilmuan Perspektif Paradigma Holistik Budiono, Arief; Izziyana, Wafda Vivid
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Faculty of Law, University of Ahmad Dahlan

The thought of law science today is getting stagnant and being doubtful because it tends to be mainstream positivistic. Positivism paradigm is a rigid paradigm, autonomous, and the law becomes merely a law that reduces the law itself to be simple, linear, mechanistic and deterministic then it raises the condition that positive justice is a procedural justice and not an essential justice. The positivist concept produces an incomplete legal study and then it is being dry, stiff and unable to explain the reality. Such of this condition causes an anxiety then the law science requires a shift paradigm so that there is no gap between Das Sein and Das Sollen. Therefore, the holistic paradigm has become the choice for legal science to be genuine science and signifies that the real science of law is not static but dynamic. This paradigm is an effort to formulate the science of law as a unity of science which is full of values and philosophy to reveal truth and justice to the level of meaning.

Kontekstualisasi Pendayagunaan Zakat di Badan Amil Zakat Nasional (BAZNAS) Kota Pekanbaru Berdasarkan Undang-Undang No. 23 Tahun 2011 Tentang Pengelolaan Zakat Yeni Triana; Hasan Basri; Muhammad Azani
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

Article 27 Paragraph (1) and (2) Â Â Law of 23 Year 2011 on management of zakat states that zakat can be empowered for the weak economic community. This article discusses contextualization, contextualization efforts, obstacles and efforts to overcome the constraints of the contextualization of utilization of zakat in Baznas Pekanbaru City based on Law of 23 2011 on Zakat Management. The results showed that the contextualization of utilization of zakat in Baznas Pekanbaru City is ijtihad conducted by amil zakat in an effort to increase the prosperity of mustahik zakat into muzaki. Article 27 Paragraph (1) and Paragraph (2) above make no clear mention of appropriate models, patterns and mechanisms regarding the utilization of zakat in the sense of empowerment, so that the contextualization ijtihad conducted by Baznas Pekanbaru City is very different from the pattern of zakat utilization in the other region. Contextualization effort is an effort to change the mindset of zakat mustahik from consumptive to be productive in accordance with the purpose of substance of zakat. These efforts should be followed with appropriate and appropriate targeted patterns of community empowerment. Contextualization efforts should have a roadmap (roadmap) as a guide for the implementation of zakat utilization. The Strategy conducted by Baznas Pekanbaru City in carrying out the above efforts is to development zakat community based or zakat community development. Obstacles and efforts to be done in overcoming these barriers are, first, the lack of public awareness in zakat, thus, its lack understanding should be overcomed by increasing the socialization of true rule (fiqh) of zakat. Second, the lack of qualified human resources should be overcomed by increasing the well understanding of zakat for amil zakat, its management, and its empowerment. Third, the inadequate barriers about zakat information systems have resulted in unintegrated of the mustahik and muzaki database, that is why, it should be complemented with the updated integration of zakat management information system.

Ilmu Hukum Sebagai Keilmuan Perspektif Paradigma Holistik Arief Budiono; Wafda Vivid Izziyana
Jurnal Hukum Novelty Vol 9, No 1 (2018)
Publisher : Universitas Ahmad Dahlan

The thought of law science today is getting stagnant and being doubtful because it tends to be mainstream positivistic. Positivism paradigm is a rigid paradigm, autonomous, and the law becomes merely a law that reduces the law itself to be simple, linear, mechanistic and deterministic then it raises the condition that positive justice is a procedural justice and not an essential justice. The positivist concept produces an incomplete legal study and then it is being dry, stiff and unable to explain the reality. Such of this condition causes an anxiety then the law science requires a shift paradigm so that there is no gap between Das Sein and Das Sollen. Therefore, the holistic paradigm has become the choice for legal science to be genuine science and signifies that the real science of law is not static but dynamic. This paradigm is an effort to formulate the science of law as a unity of science which is full of values and philosophy to reveal truth and justice to the level of meaning.

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Contact Name
Fauzan Muhammadi

Contact Email
fauzan.muhammadi@law.uad.ac.id

Phone
-

Journal Mail Official
fauzan.muhammadi@law.uad.ac.id

Editorial Address
-

Location
Kota yogyakarta,

Daerah istimewa yogyakarta

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Fauzan Muhammadi

Contact Email fauzan.muhammadi@law.uad.ac.id

Phone -

Journal Mail Official fauzan.muhammadi@law.uad.ac.id

Editorial Address -

Location Kota yogyakarta, Daerah istimewa yogyakarta INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Fauzan Muhammadi

Contact Email
fauzan.muhammadi@law.uad.ac.id

Phone
-

Journal Mail Official
fauzan.muhammadi@law.uad.ac.id

Editorial Address
-

Location
Kota yogyakarta,

Daerah istimewa yogyakarta

INDONESIA