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Analisis Kealpaan yang Mengakibatkan Matinya Orang Ditinjau dari Pasal 359 KUHP: Studi Kasus Putusan Perkara No. 952k/Pid/2010
Pub Date : 2023-09-06 DOI: 10.61234/ahd.v1i2.41
Yudi Anton Rikmadani
The Criminal Code (KUHP) in force in Indonesia, regarding crimes that result in the death of a person is regulated in "Title XII Book II of the Criminal Code which contains two types of criminal acts, namely Article 359 of the Criminal Code in the form of "Because the mistake (culpa) caused the death of a person ”, with the threat of imprisonment for a maximum of five years or imprisonment for a maximum of one year, while Article 360 ​​of the Criminal Code states “Because of his mistake (culpa) causing a person serious injuries or such injuries, so that person becomes temporarily ill or unable to carry out his office. or temporary work. The Criminal Code contains coercive rules for every citizen if he violates these rules or commits a crime, anyone who violates them will face punishment. Moreover, for the perpetrators of crimes that kill other people's lives, and for the perpetrators will be given legal sanctions in accordance with their actions, thus in society will achieve a "Legal Protection", because legal protection can give a sense of security and peace with the existence of "Legal Certainty". Thus "Legal Protection" and "Legal Certainty" are two inseparable sides. Legal protection cannot be felt without legal certainty, on the contrary, with upholding legal certainty, legal protection will be enjoyed by the community.
印度尼西亚现行的《刑法》对造成人员死亡的犯罪进行了规定,《刑法》第二卷第十二篇载有两种类型的犯罪行为,即《刑法》第359条,其形式为"由于错误(过失)导致人员死亡",可能面临最高5年或最高1年的监禁。而《刑法》第360条规定:“由于他的错误(过失)造成某人严重伤害或这种伤害,使该人暂时生病或无法执行其职务。或者是临时工作。《刑法》对每个公民都有强制性规定,如果他违反这些规定或犯罪,任何人违反这些规定都将面临惩罚。再者,对于杀害他人生命的犯罪行为的肇事者,对于肇事者会根据其行为受到法律的制裁,从而在社会上实现一种“法律保护”,因为法律保护可以给人一种“法律确定性”的存在带来的安全感与安宁感。因此,“法律保护”与“法律确定性”是不可分割的两个方面。没有法律的确定性,就没有法律的保障,反之,维护了法律的确定性,社会就会享受到法律的保障。
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引用次数: 0
Hukum Perkawinan Campuran dan Hak Atas Tanah di Indonesia 印尼国家人权委员会(异族通婚的法律和在地上
Pub Date : 2023-09-06 DOI: 10.61234/ahd.v1i2.38
Ketut Oka Setiawan
Mixed marriage in Law No. 1 of 1974 (UUP) is a marriage between two people who in Indonesia are subject to different laws, because of differences in nationality and one of the parties is a foreign citizen and one of the parties is an Indonesian citizen (Article 57 UUP). Based on this statement, according to the UUP, mixed marriage regulations prohibit brides and grooms from different religions. The prohibition is mentioned indirectly in Article 2 paragraph (1) of the UUP, "marriage is valid if it is carried out according to the laws of each religion". If a husband and wife buy a piece of land after their marriage, it will automatically become the property of both of them (husband and wife), based on the provisions of Article 35 paragraph (1) of the UUP. However, if at the time or before the marriage takes place, they make a marriage agreement with separate assets, their ownership becomes each of the husband/wife (Article 29 yo 35 UUP). In mixed marriages referred to in Article 57 UUP, namely a marriage between two people who in Indonesia are subject to different laws, because of differences in nationality and one party is a foreign citizen and one party is an Indonesian citizen, it does not change their citizenship status, still for Indonesian citizens in this case their rights are limited and they are not even given the opportunity to become subjects of HM, HGU and HGB, if at the time or before their marriage they do not make a marriage agreement with separate assets. According to the law, a marriage agreement can only be made at or before the marriage, in other words a marriage agreement cannot be made after the marriage.
1974年第1号法律(UUP)规定的混合婚姻是指在印度尼西亚受不同法律管辖的两个人之间的婚姻,因为国籍不同,一方是外国公民,另一方是印度尼西亚公民(UUP第57条)。根据这一声明,根据统一党,混合婚姻条例禁止来自不同宗教的新娘和新郎。《联合宪法》第2条第(1)款间接提到了这一禁令:“根据每一宗教的法律缔结的婚姻是有效的”。如果丈夫和妻子在结婚后购买了一块土地,根据统一统一法第35条第(1)款的规定,这块土地将自动成为他们双方(丈夫和妻子)的财产。但是,如果在结婚时或结婚前,他们签订了单独财产的结婚协议,其所有权归丈夫/妻子所有(《联合婚姻法》第29条至第35条)。在UUP第57条所述的混合婚姻中,即在印度尼西亚受不同法律约束的两个人之间的婚姻,由于国籍的差异,一方是外国公民,一方是印度尼西亚公民,这不会改变他们的公民身份,在这种情况下,印度尼西亚公民的权利仍然有限,他们甚至没有机会成为HM, HGU和HGB的对象。如果在结婚时或结婚前,他们没有签订单独财产的结婚协议。根据法律规定,婚约只能在婚前或婚前订立,也就是说,不能在婚后订立婚约。
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引用次数: 0
Pergeseran Hukum Kewarisan Islam di Indonesia dengan Pemberian Wasiat Wajibah Kepada Istri yang Non Muslim Berdasarkan Putusan Mahkamah Agung Nomor 16k/Ag/2010 根据最高法院16k/Ag/2010号判决,印度尼西亚将伊斯兰遗产法的转变,强制任命非穆斯林妻子
Pub Date : 2023-09-06 DOI: 10.61234/ahd.v1i2.39
M. Suparman
       The problem of Islamic inheritance law is very broad and complex, because it covers the scope of human life and society, from the problems of unborn children to death, so it is impossible to reveal the whole. In one family, if there are several adherents of different religions, namely some who are Muslims and some who are non-Muslims, of course problems will arise, especially problems involving inheritance if one of the family members dies. Regarding inheritance from different religions, Legal Compilation Islam (KHI) does not explicitly state that religious differences are a barrier to inheritance. According to the Fatwa of the Indonesian Ulema Council in number 2, that the gift of property between people of different religions can only be done by means of a gift, will or gift, however, if the heir during his lifetime does not provide the assets are in the form of bequests, wills or gifts, but the Fatwa does not regulate that heirs of different religions can be given the heir's inheritance by means of a Compulsory Will.
伊斯兰继承法的问题是非常广泛和复杂的,因为它涵盖了人类生活和社会的范围,从未出生的孩子到死亡的问题,所以不可能揭示全部。在一个家庭中,如果有几个不同宗教的信徒,即一些人是穆斯林,一些人不是穆斯林,当然会出现问题,特别是如果一个家庭成员去世,涉及继承的问题。关于从不同宗教继承的问题,《伊斯兰教法汇编》(KHI)并没有明确指出宗教差异是继承的障碍。根据印度尼西亚乌里玛委员会第2号法特瓦的规定,不同宗教的人之间的财产赠与只能通过赠与、遗嘱或礼物的方式进行,但是,如果继承人在其一生中没有以遗赠、遗嘱或礼物的形式提供财产,但法特瓦没有规定不同宗教的继承人可以通过强制遗嘱的方式获得继承人的遗产。
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引用次数: 0
Dasar Hukum Pengajuan Peninjauan Kembali yang Dilakukan Oleh Kejaksaan 基于检察官办公室的审查法律基础
Pub Date : 2023-09-06 DOI: 10.61234/ahd.v1i2.37
Reni Halida Malik
The development of the community's need for legal renewal has given rise to many legal phenomena that have emerged at this time. One of them is the submission of legal action for Judicial Review (PK/Heirziening) which is submitted by the prosecutor, even though so far the public sees and knows that legal action for Judicial Review (PK)/Heirziening can only be submitted by the convict, his legal advisor or his heirs. This is clearly regulated in the Indonesian Criminal Procedure Law (KUHAP) that the legal action for Judicial Review (PK)/Herziening is carried out by the convict (can also be submitted through his legal advisor) or his heirs. The legal action for Judicial Review (PK)/Herziening by prosecutors has been carried out repeatedly in Indonesia , and the Chief Justice at the Supreme Court has several times granted the prosecutor's judicial review (PK)/Herziening. The formulation and historical background of the Criminal Procedure Code is clear that PK is the right of the convict or his heirs. The PK requested by the prosecutor has so far violated the regulations legislation. The Criminal Procedure Code does not at all mention that prosecutors can apply for PK, historically PK is actually given as a last resort to the convict or his heirs to change his 'fate'.
社会对法律更新需求的发展,催生了此时出现的诸多法律现象。其中之一是由检察官提交的司法审查法律诉讼(PK/ heiziening),尽管到目前为止,公众看到并知道司法审查法律诉讼(PK)/ heiziening只能由罪犯、他的法律顾问或他的继承人提交。《印度尼西亚刑事诉讼法》(KUHAP)明确规定,司法审查(PK)/Herziening的法律诉讼由罪犯(也可以通过其法律顾问提交)或其继承人进行。在印度尼西亚,检察官要求司法审查的法律行动已多次进行,最高法院首席大法官多次批准检察官的司法审查。《刑事诉讼法》的制定和历史背景明确了PK权是罪犯或其继承人的权利。检察机关要求的PK到目前为止已经违反了《条例法》。《刑事诉讼法》根本没有提到检察官可以申请PK,从历史上看,PK实际上是罪犯或其继承人改变其“命运”的最后手段。
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引用次数: 0
Quo Vadis Amandemen Konstitusi: Kebijakan Hukum Partisipatif-Populis Versus Representatif-Elitis 宪法修正案的现状:民粹主义法律与精英主义代表
Pub Date : 2023-09-06 DOI: 10.61234/ahd.v1i2.40
Partice Rondonuwu
Constitutional and governmental issues and problems occur by looking at the interests of the elite and the will of the people who want fundamental changes related to state life and government life which affect the overall life of a nation state. Indonesia is a very large nation state with a state government that is managed from Sabang to Merauke with various tribes, religions, races and groups that are full of diversity. State and government life is not free from various problems at the elitist and populist levels which are resolved by just and civilized constitutional and governmental mechanisms. One of the various ways to make changes to constitutional legal policy is by making constitutional amendments to the 1945 NRI Constitution. Constitutional amendments to the 1945 NRI Constitution can be seen in the elitist representative legal policy model and the participatory-populist legal policy model. The battle of issues and problems as well as solutions based on representative-elitist legal policy versus populist participatory legal policy will create positive things (constructive nation-building in all fields) and negative things (destructive constitutional movements that destroy the foundations of the unitary state). Anticipating the occurrence of negative things will make the constitutional amendment run smoothly and all parties can accept it openly.
宪法和政府的问题和问题是通过关注精英的利益和人民的意愿来发生的,他们希望对国家生活和政府生活进行根本性的改变,这些改变会影响一个民族国家的整体生活。印度尼西亚是一个非常大的民族国家,有一个州政府,从沙邦到梅劳克都有不同的部落、宗教、种族和群体,充满了多样性。国家和政府生活并非没有精英主义和平民主义层面的各种问题,这些问题是由公正和文明的宪法和政府机制解决的。改变宪法法律政策的各种方法之一是对1945年的《外国研修院宪法》进行修宪。对1945年日本宪法的修宪,可以看到精英主义的代议制法律政策模式和参与式的民粹主义法律政策模式。基于代表精英主义法律政策与民粹主义参与性法律政策的议题和问题的斗争以及解决方案将创造积极的事情(在所有领域的建设性国家建设)和消极的事情(破坏单一国家基础的破坏性宪法运动)。预料到负面事件的发生,将使修宪顺利进行,各方都能公开接受。
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引用次数: 0
Etika dan Kode Etik Pustakawan sebagai Profesionalisme di Perpustakaan 图书馆员的伦理和道德准则是图书馆的专业知识
Pub Date : 2023-08-15 DOI: 10.61234/ahd.v1i1.29
Yusniah Yusniah, Eka Andria Yani
This study aims to explain how librarian professional ethics work as professionalism for the librarian profession. This research method uses the literature review method, from various journals and other written sources that support the discussion of article content. The result of this discussion is that the librarian code of ethics must be understood by members of the profession so that members of the librarian profession carry out their duties for users, colleagues, members of other professions, and the public. As stated in the Librarian Code of Ethics, librarian members are expected to be able to apply the rules written in the Librarian Code of Ethics and practice them in carrying out their duties. Keywords: Ethics, code of ethics, librarians
本研究旨在说明图书馆员职业道德如何作为专业精神在图书馆员职业中发挥作用。本研究方法采用文献综述法,从各种期刊和其他书面来源,支持文章内容的讨论。讨论的结果是,图书馆员的道德准则必须被图书馆员这个职业的成员所理解,这样图书馆员这个职业的成员才能为用户、同事、其他职业的成员和公众履行他们的职责。正如《图书馆员职业道德守则》所述,图书馆员成员应能够应用《图书馆员职业道德守则》所写的规则,并在履行职责时加以实践。关键词:伦理道德,道德规范,图书馆员
{"title":"Etika dan Kode Etik Pustakawan sebagai Profesionalisme di Perpustakaan","authors":"Yusniah Yusniah, Eka Andria Yani","doi":"10.61234/ahd.v1i1.29","DOIUrl":"https://doi.org/10.61234/ahd.v1i1.29","url":null,"abstract":"This study aims to explain how librarian professional ethics work as professionalism for the librarian profession. This research method uses the literature review method, from various journals and other written sources that support the discussion of article content. The result of this discussion is that the librarian code of ethics must be understood by members of the profession so that members of the librarian profession carry out their duties for users, colleagues, members of other professions, and the public. As stated in the Librarian Code of Ethics, librarian members are expected to be able to apply the rules written in the Librarian Code of Ethics and practice them in carrying out their duties. \u0000Keywords: Ethics, code of ethics, librarians","PeriodicalId":267350,"journal":{"name":"Advokasi Hukum & Demokrasi (AHD)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114176178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Pembinaan dan Pembentukan Ikatan Remaja Masjid Dalam Upaya Memajukan Kualitas Remaja di Kampung Gunung Bakti 在孝山村培育和建立清真寺青年联盟,以促进青年质量
Pub Date : 2023-08-15 DOI: 10.61234/ahd.v1i1.30
Wildan Solihin, Ahmad Fajar
Adolescents are a vulnerable age group who are prone to engaging in negative behaviors, such as promiscuity. Therefore, it is necessary to provide guidance and empowerment to adolescents to develop their potential and noble character in accordance with the values of the Qur'an and Sunnah. One of the platforms for providing guidance is through the mosque youth, which focuses on mosque activities, Islamic knowledge, education, youth, and skills. The aim of empowering and establishing the mosque youth is to explore the potential of adolescents to realize noble character according to the Qur'an and Sunnah. Through leadership and organizational training, youth are invited to develop themselves and implement programs that have been designed, such as the Muttaqien Learning House. It is hoped that these programs can improve the quality of learning outside of school and become a platform for personal development and youth interest. The empowerment method used is Participatory Action Research (PAR), which involves adolescents in the decision-making process and implementation of guidance programs. Youth are encouraged to actively participate in leadership and organizational training, as well as designing programs that meet their needs. Through this method, adolescents are expected to become agents of change who are empowered and actively involved in advancing the surrounding environment. The results of the mosque youth empowerment program are the establishment of the Muttaqien Learning House, which improves the quality of learning outside of school. This program is expected to benefit the community, especially students in Gunung Bakti. In addition, mosque youth have also been trained to develop their skills and potential and become leaders who can lead mosque and social activities in the surrounding environment. It is hoped that this guidance and empowerment program for mosque youth will continue and have a significant positive impact on the community. Keywords: Coaching, youth, mosque
青少年是一个易受伤害的年龄组,他们容易做出诸如滥交之类的消极行为。因此,有必要根据《古兰经》和圣训的价值观,为青少年提供指导和授权,以发展他们的潜力和高尚的品格。提供指导的平台之一是通过清真寺青年,其重点是清真寺活动、伊斯兰知识、教育、青年和技能。授权和建立清真寺青年的目的是根据《古兰经》和圣训,探索青少年实现高尚品格的潜力。通过领导和组织培训,青年被邀请发展自己并实施已设计的项目,如Muttaqien学习之家。希望这些项目能够提高校外学习的质量,成为个人发展和青少年兴趣的平台。使用的授权方法是参与式行动研究(PAR),让青少年参与决策过程和指导方案的实施。鼓励青年积极参与领导和组织培训,以及设计满足他们需求的方案。通过这种方法,青少年有望成为变革的推动者,他们被赋予权力并积极参与改善周围环境。清真寺青年赋权项目的成果是建立了Muttaqien学习之家,提高了校外学习的质量。该项目预计将使社区受益,特别是古农巴克蒂的学生。此外,清真寺青年还接受了培训,以发展他们的技能和潜力,成为能够在周围环境中领导清真寺和社会活动的领导者。希望这项针对清真寺青年的指导和赋权计划将继续下去,并对社区产生重大的积极影响。关键词:教练,青年,清真寺
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引用次数: 0
Urgensi Literasi Keuangan untuk Menghindari Penipuan Investasi Bodong: 财务素养紧急避免博东投资欺诈:
Pub Date : 2023-08-15 DOI: 10.61234/ahd.v1i1.27
Purnama Ramadani Silalahi, Ardhia Meianti
Financial literacy is the knowledge, ability, expertise, and belief of a society to manage finances properly and gratefully. Financial literacy is one solution to filter the negative impacts of ICT developments, many financial products/services appear with different patterns, making it increasingly difficult to determine which investments are safe and which are risky. Literacy in finance is important because it is very important. Few Indonesians understand the many financial products and services available, as well as their features and benefits. This research is a literature study, collecting data using secondary data, and literature related to money. Research Topic According to the research, financial literacy is a powerful tool to reduce the victims of investment fraud that is increasingly prevalent in society. Knowledge and education of the general public about finance and financial literacy is very much needed. Keyword: Financial Literacy, Fraudulent Investment
金融素养是一个社会正确和感恩地管理财务的知识、能力、专业知识和信念。金融知识是过滤信息通信技术发展负面影响的一种解决方案,许多金融产品/服务以不同的模式出现,使得越来越难以确定哪些投资是安全的,哪些投资是有风险的。金融知识很重要,因为它非常重要。很少有印尼人了解现有的许多金融产品和服务,以及它们的特点和好处。本研究是一种文献研究,使用二手数据收集数据,以及与金钱相关的文献。根据研究,金融知识是一个强大的工具,以减少在社会上日益普遍的投资欺诈的受害者。公众对金融和金融知识的了解和教育是非常必要的。关键词:理财素养;欺诈投资
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引用次数: 0
Sosialisasi Etika Berwirausaha Islami di Era Covid-19: 19世纪伊斯兰企业家伦理社会化:
Pub Date : 2023-08-15 DOI: 10.61234/ahd.v1i1.28
Andi Mardian, Zaidah Nur Rosidah, Siti Rokhaniyah
The Covid-19 pandemic has an impact on all aspects of people's lives, including the economic aspect. Among the effects of the Covid-19 Pandemic felt by most people in terms of the economy are; income decreased until they were forced to lose their jobs. In difficult conditions like this, not a few people are trying to make ends meet without paying attention to ethics. This is due to the pressure of difficult circumstances and the absence of an understanding of the importance of applying Islamic ethics in work and/or entrepreneurship. The impact of the Covid-19 pandemic was also felt by the majority of residents of Central Dibal, Dibal Village, Ngemplak District, Boyolali Regency. In order to anticipate various unethical actions in work and entrepreneurship, it is necessary to socialize about Islamic entrepreneurship ethics. The aim is to educate the public about the importance of ethical principles of Islamic entrepreneurship, especially in unfavorable circumstances as a result of the Covid-19 Pandemic. This socialization activity was carried out using the lecture method from the resource persons and continued with questions and answers and discussions. Residents of Central Dibal feel a number of benefits from the implementation of this community service activity. Among the benefits obtained are; (1) people get comprehensive knowledge about ethics in doing business or entrepreneurship in an Islamic way; (2) the public is aware of the importance of understanding entrepreneurship in an Islamic way in order to avoid sustenance that is not blessed; (3) the community feels the importance of applying Islamic entrepreneurship ethics in various conditions, even though the economic conditions are difficult in the midst of the Covid-19 Pandemic that hit. Keywords: Islamic entrepreneurship ethics; Covid-19 pandemic; socialization
2019冠状病毒病大流行影响到人们生活的各个方面,包括经济方面。大多数人在经济方面感受到的Covid-19大流行的影响包括:收入减少,直到他们被迫失业。在这种困难的情况下,不少人都在努力维持生计,而不注意道德。这是由于困难环境的压力和不了解在工作和/或创业中应用伊斯兰伦理的重要性。博约拉里县恩根普拉克区迪巴尔村中部迪巴尔村的大多数居民也感受到了新冠肺炎大流行的影响。为了预防工作和创业中的各种不道德行为,有必要对伊斯兰创业伦理进行社会化。其目的是教育公众关于伊斯兰创业道德原则的重要性,特别是在Covid-19大流行造成的不利环境下。这次社会化活动采用资源人员的讲座方式进行,并继续进行问答和讨论。中央Dibal的居民从这项社区服务活动的实施中获得了一些好处。所获得的好处包括:(1)人们以伊斯兰的方式在经商或创业中获得全面的道德知识;(2)公众意识到以伊斯兰方式理解创业的重要性,以避免不受祝福的生计;(3)尽管在新冠肺炎大流行的背景下,经济条件困难,但社会各界认为在各种情况下应用伊斯兰创业伦理的重要性。关键词:伊斯兰创业伦理;Covid-19流行;社会化
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引用次数: 0
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Advokasi Hukum & Demokrasi (AHD)
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