Pub Date : 2023-05-01DOI: 10.37680/almanhaj.v5i1.2442
Grenaldo Ginting
Corruption is categorized as an extraordinary crime where the impact can be very detrimental to the country and can even have a very bad impact on the economy and development of the country. Efforts to deal with and eradicate criminal acts of corruption as meant in Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, put forward several important points and main ideas and are considered capable of providing a deterrent effect against the perpetrators of this extraordinary crime, namely the principle of reversed proof and severe legal sanctions, including the death penalty. This research is a normative legal research. The main characteristics of normative legal science research in conducting legal studies are primary and secondary legal materials, using interpretation methods, and using normative juridical analysis. The result of this research is that the regulation on capital punishment in the PTPK Law is stated in Article 2 paragraph (2) which formulates "in the event that a criminal act of corruption as referred to in paragraph (1) is committed in certain circumstances the death penalty can be imposed". The specific situation in question is a situation that can be used as a reason for criminal aggravation for perpetrators of corruption, namely if the crime is committed against funds earmarked for overcoming a dangerous situation. Article 1 paragraph (3) of the 1945 Constitution formulates that: "Indonesia is a state based on law". The consequence of a rule of law is the protection of human rights, including the right to life. Thus, the imposition of death penalty for corruptors who have been hampered by human rights issues, especially the right to life can be upheld.
{"title":"Kajian Hukum Penerapan Ketentuan Hukuman Mati dalam Undang-Undang Tindak Pidana Korupsi","authors":"Grenaldo Ginting","doi":"10.37680/almanhaj.v5i1.2442","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2442","url":null,"abstract":"Corruption is categorized as an extraordinary crime where the impact can be very detrimental to the country and can even have a very bad impact on the economy and development of the country. Efforts to deal with and eradicate criminal acts of corruption as meant in Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, put forward several important points and main ideas and are considered capable of providing a deterrent effect against the perpetrators of this extraordinary crime, namely the principle of reversed proof and severe legal sanctions, including the death penalty. This research is a normative legal research. The main characteristics of normative legal science research in conducting legal studies are primary and secondary legal materials, using interpretation methods, and using normative juridical analysis. The result of this research is that the regulation on capital punishment in the PTPK Law is stated in Article 2 paragraph (2) which formulates \"in the event that a criminal act of corruption as referred to in paragraph (1) is committed in certain circumstances the death penalty can be imposed\". The specific situation in question is a situation that can be used as a reason for criminal aggravation for perpetrators of corruption, namely if the crime is committed against funds earmarked for overcoming a dangerous situation. Article 1 paragraph (3) of the 1945 Constitution formulates that: \"Indonesia is a state based on law\". The consequence of a rule of law is the protection of human rights, including the right to life. Thus, the imposition of death penalty for corruptors who have been hampered by human rights issues, especially the right to life can be upheld.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72491217","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}
Pub Date : 2023-05-01DOI: 10.37680/almanhaj.v5i1.2494
Arina Nafida Rahma, Siti Mahmudah
Brand infringement case between POSKOTA owned by PT. Media Anatarkota Jaya and POSKOTACO owned by PT. Millennial Voice Media is listed in Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst, PT. Media Anatarkota Jaya (POSKOTA) as the aggrieved party sued for the cancellation of the PT. Media Suara Millenial (POSKOTACO). The object of the case in the decision is trademark infringement which is the same. The panel of judges granted the plaintiff's claim and ordered the defendant to cross out and cancel the registration of the POSKOTACO Mark. The purpose of this research is to find out the legal protection for trademarks that have been registered and the legal consequences of trademark equality disputes and to analyze the Decision of Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst. The approach method in this journal research is normative juridical by studying the Trademark Law and relating it to practice in the field. The results of this journal writing research are that brand owners who feel aggrieved due to parties who commit equality violations can apply for trademark cancellation based on the reasons in Articles 20 and 21 of Law Number 20 of 2016 Concerning Marks and Geographical Indications. The legal basis for the judge's consideration in deciding the trademark cancellation case is based on Article 76 jo. Article 20, Article 21 of Law Number 20 of 2016 concerning Marks and other relevant regulations.
PT. Media Anatarkota Jaya旗下POSKOTA与PT. Millennial Voice Media旗下POSKOTACO品牌侵权案见第39 /Pdt号法院判决。su - merek /2022/PN Niaga JktPst, PT. Media Anatarkota Jaya (POSKOTA)作为受害方起诉取消PT. Media Suara millennial (POSKOTACO)。本案的客体是商标侵权，这是相同的。法官小组同意了原告的要求，并命令被告划掉并取消POSKOTACO商标的注册。本研究的目的是找出已注册商标的法律保护和商标平等纠纷的法律后果，并分析法院第39 /Pdt号判决书。su - merek /2022/PN Niaga Jkt.Pst本期刊研究的途径是通过对商标法的研究，并将其与本领域的实践联系起来，采取规范司法的方法。本次期刊写作研究的结果是，品牌所有人因侵犯平等行为而感到受到侵害时，可以根据2016年第20号《商标与地理标志法》第20条和第21条的理由申请商标撤销。法官审理商标撤销案件的法律依据是《中华人民共和国商标法》第76条。2016年第20号商标法第20条第21条及其他相关规定。
{"title":"Tinjauan Yuridis Kasus Persamaan Merek Poskota dan Poskotaco (Studi Kasus Putusan No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst)","authors":"Arina Nafida Rahma, Siti Mahmudah","doi":"10.37680/almanhaj.v5i1.2494","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2494","url":null,"abstract":"Brand infringement case between POSKOTA owned by PT. Media Anatarkota Jaya and POSKOTACO owned by PT. Millennial Voice Media is listed in Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst, PT. Media Anatarkota Jaya (POSKOTA) as the aggrieved party sued for the cancellation of the PT. Media Suara Millenial (POSKOTACO). The object of the case in the decision is trademark infringement which is the same. The panel of judges granted the plaintiff's claim and ordered the defendant to cross out and cancel the registration of the POSKOTACO Mark. The purpose of this research is to find out the legal protection for trademarks that have been registered and the legal consequences of trademark equality disputes and to analyze the Decision of Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst. The approach method in this journal research is normative juridical by studying the Trademark Law and relating it to practice in the field. The results of this journal writing research are that brand owners who feel aggrieved due to parties who commit equality violations can apply for trademark cancellation based on the reasons in Articles 20 and 21 of Law Number 20 of 2016 Concerning Marks and Geographical Indications. The legal basis for the judge's consideration in deciding the trademark cancellation case is based on Article 76 jo. Article 20, Article 21 of Law Number 20 of 2016 concerning Marks and other relevant regulations.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84452770","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}
Pub Date : 2023-05-01DOI: 10.37680/almanhaj.v5i1.2493
Masitoh Miftahul Jannah, S. Badriyah
Mortgage rights are born because of the underlying agreement, namely a credit agreement. The existence of a credit agreement results in the debtor being obliged to carry out his performance in the form of debt repayment to the creditor. If the debtor defaults, a legal action is taken in the form of execution, which is generally carried out by auction on Mortgage Rights. This type of research is normative which is descriptive. The data sources used are primary data and secondary data. With literature study data collection techniques. And using qualitative data analysis methods. With the existence of executorial power in the credit agreement, the creditor as the holder of the Mortgage Rights can take action to execute the auction of the land rights charged with the Mortgage Rights. Auction with Mortgage Rights is a class of execution auction, because it is based on a credit agreement. The implementation of the execution auction of Mortgage Rights must be carried out in accordance with the procedures of existing laws and regulations, so that there is a legal certainty, both for debtors, creditors, and auction winners.
{"title":"Tinjauan Yuridis Pelaksanaan Eksekusi Lelang pada Perjanjian Kredit Macet dengan Hak Tanggungan","authors":"Masitoh Miftahul Jannah, S. Badriyah","doi":"10.37680/almanhaj.v5i1.2493","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2493","url":null,"abstract":"Mortgage rights are born because of the underlying agreement, namely a credit agreement. The existence of a credit agreement results in the debtor being obliged to carry out his performance in the form of debt repayment to the creditor. If the debtor defaults, a legal action is taken in the form of execution, which is generally carried out by auction on Mortgage Rights. This type of research is normative which is descriptive. The data sources used are primary data and secondary data. With literature study data collection techniques. And using qualitative data analysis methods. With the existence of executorial power in the credit agreement, the creditor as the holder of the Mortgage Rights can take action to execute the auction of the land rights charged with the Mortgage Rights. Auction with Mortgage Rights is a class of execution auction, because it is based on a credit agreement. The implementation of the execution auction of Mortgage Rights must be carried out in accordance with the procedures of existing laws and regulations, so that there is a legal certainty, both for debtors, creditors, and auction winners.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74864914","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}
Pub Date : 2023-05-01DOI: 10.37680/almanhaj.v5i1.2462
Nafa Fadhilah Hasyim, B. Panjaitan, Ramadani Ramadani
Substandard medicines trade is a very dangerous crime because it can harm society. This is the background for conducting research on Decision Number 1406/Pid.Sus/2020/Pn Mdn. The purpose of this research is to find out the review of criminal law against midwives who trade substandard medicines, to find out the review of Islamic criminal law against midwives who trade substandard medicines and to find out the judge's considerations of midwives who trade substandard medicines in decision Number 1406/Pid.Sus /2020/PN Mdn. This research is a type of normative juridical research using library research. The research approach used in this study is the case approach. The legal materials used in this study are primary legal materials in the form of court decisions and legislation, secondary legal materials in the form of law books and journals, and tertiary legal materials in the form of searches on the internet and the Big Indonesian Dictionary. In criminal law, it is prohibited to trade substandard medicines because they are considered to be detrimental and disturbing the community and will be subject to appropriate sanctions. Meanwhile in the view of Islamic criminal law, trading substandard medicines is considered a criminal act of fraud which is a Jarimah Ta'zir, namely that the criminal conviction is handed over to the judge in court. In determining sanctions against midwives who trade substandard medicines, it is more suitable to use Law Number 36 of 2009 concerning Health rather than the Criminal Code (KUHP) and Law Number 8 of 1999 concerning Consumer Protection.
{"title":"Tinjauan Yuridis terhadap Bidan yang Memperdagangkan Obat Substandar dalam Perspektif Hukum Pidana dan Hukum Pidana Islam (Studi Putusan Nomor 1406/Pid.Sus/2020/PN Mdn)","authors":"Nafa Fadhilah Hasyim, B. Panjaitan, Ramadani Ramadani","doi":"10.37680/almanhaj.v5i1.2462","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2462","url":null,"abstract":"Substandard medicines trade is a very dangerous crime because it can harm society. This is the background for conducting research on Decision Number 1406/Pid.Sus/2020/Pn Mdn. The purpose of this research is to find out the review of criminal law against midwives who trade substandard medicines, to find out the review of Islamic criminal law against midwives who trade substandard medicines and to find out the judge's considerations of midwives who trade substandard medicines in decision Number 1406/Pid.Sus /2020/PN Mdn. This research is a type of normative juridical research using library research. The research approach used in this study is the case approach. The legal materials used in this study are primary legal materials in the form of court decisions and legislation, secondary legal materials in the form of law books and journals, and tertiary legal materials in the form of searches on the internet and the Big Indonesian Dictionary. In criminal law, it is prohibited to trade substandard medicines because they are considered to be detrimental and disturbing the community and will be subject to appropriate sanctions. Meanwhile in the view of Islamic criminal law, trading substandard medicines is considered a criminal act of fraud which is a Jarimah Ta'zir, namely that the criminal conviction is handed over to the judge in court. In determining sanctions against midwives who trade substandard medicines, it is more suitable to use Law Number 36 of 2009 concerning Health rather than the Criminal Code (KUHP) and Law Number 8 of 1999 concerning Consumer Protection.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85290263","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}
Pub Date : 2023-05-01DOI: 10.37680/almanhaj.v5i1.2650
Muhammad Fitratallah Dahlan, Oky Deviany, Muhammad Aswan
This research evaluates the peace arrangements in PKPU and their potential to cause injustice to debtors. It also examines the legal implications of bankruptcy decisions on rejected peace plans submitted by debtors to PKPU. The research uses a statutory, conceptual, and case approach, drawing from primary legal materials such the 1945 Constitution of the Republic of Indonesia, BW, HIR, RBG, the Bankruptcy and PKPU Laws, the Judicial Powers Law as well as PKPU decisions. Secondary sources such as scholarly articles and books authored by bankruptcy and PKPU experts, as well as tertiary sources such as dictionaries and encyclopedias, were also utilized. The research findings reveal that: (1) the rejection of the settlement by the creditor causes injustice, due to the creditor's unreasonable grounds for rejection. However, the Bankruptcy Law and PKPU grant rights to the creditor under Article 222 paragraph (2), Article 289, and Article 281, enabling them to bankrupt the debtor on the grounds that the debtor's peace plan does not cover the entire amount of the debt. (3) a bankruptcy decision resulting from the rejection of a debtor's peace plan is an unsuitable decision that causes significant losses for both the debtor and the creditor.
{"title":"Analisis Hukum terhadap Penolakan Perdamaian oleh Kreditur yang Diajukan Debitur pada Penundaan Kewajiban Pembayaran Utang","authors":"Muhammad Fitratallah Dahlan, Oky Deviany, Muhammad Aswan","doi":"10.37680/almanhaj.v5i1.2650","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2650","url":null,"abstract":"This research evaluates the peace arrangements in PKPU and their potential to cause injustice to debtors. It also examines the legal implications of bankruptcy decisions on rejected peace plans submitted by debtors to PKPU. The research uses a statutory, conceptual, and case approach, drawing from primary legal materials such the 1945 Constitution of the Republic of Indonesia, BW, HIR, RBG, the Bankruptcy and PKPU Laws, the Judicial Powers Law as well as PKPU decisions. Secondary sources such as scholarly articles and books authored by bankruptcy and PKPU experts, as well as tertiary sources such as dictionaries and encyclopedias, were also utilized. The research findings reveal that: (1) the rejection of the settlement by the creditor causes injustice, due to the creditor's unreasonable grounds for rejection. However, the Bankruptcy Law and PKPU grant rights to the creditor under Article 222 paragraph (2), Article 289, and Article 281, enabling them to bankrupt the debtor on the grounds that the debtor's peace plan does not cover the entire amount of the debt. (3) a bankruptcy decision resulting from the rejection of a debtor's peace plan is an unsuitable decision that causes significant losses for both the debtor and the creditor.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78828354","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}
Pub Date : 2023-05-01DOI: 10.37680/almanhaj.v5i1.2488
Novri Novri, F. Y. P. Amboro, Rufinus Hotmaulana Hutauruk
The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.
{"title":"A Analisis Perlindungan Konsumen dalam Tindakan Penyalahgunaan Data Pribadi oleh Penyelenggara Pinjaman Online Berdasarkan Perspektif Hukum Indonesia","authors":"Novri Novri, F. Y. P. Amboro, Rufinus Hotmaulana Hutauruk","doi":"10.37680/almanhaj.v5i1.2488","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2488","url":null,"abstract":"The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77385647","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}
Pub Date : 2023-05-01DOI: 10.37680/almanhaj.v5i1.2154
Hidayati Murni, Febby Mutiara Nelson
The political direction of agrarian law with regard to customary law and customary rights (beschikkingsrecht) of indigenous peoples during the Dutch colonial period wanted to unify and codify land law that applied to all groups of people based on the principle of concordance, but failed miserably, so that the pluralism policy was still applied. The current problem is in contemporary Indonesia, so it can be predicted that the prospect of pluralist customary rights of indigenous peoples must be maintained because it is in line with the mandate of the constitution in the upcoming reform era in the face of globalization by combining with efforts to reform agrarian law and land law through research on the political direction of customary rights law for the fulfillment of human rights or the public interest, The research method used by the author to conduct research is Juridical Nomaritf, the results of research in this study need to be followed up by mapping customary rights according to the rules of Geodesy, so that it is clear the extent of customary rights areas in the archipelago and ultimately can contribute to supporting the existence and legal certainty of customary rights in particular and land law for the public interest which will provide fulfillment of human rights.
{"title":"Politik Hukum Agraria untuk Hak Atas Tanah Ulayat bagi Pemenuhan HAM dan Kepentingan Publik","authors":"Hidayati Murni, Febby Mutiara Nelson","doi":"10.37680/almanhaj.v5i1.2154","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2154","url":null,"abstract":"The political direction of agrarian law with regard to customary law and customary rights (beschikkingsrecht) of indigenous peoples during the Dutch colonial period wanted to unify and codify land law that applied to all groups of people based on the principle of concordance, but failed miserably, so that the pluralism policy was still applied. The current problem is in contemporary Indonesia, so it can be predicted that the prospect of pluralist customary rights of indigenous peoples must be maintained because it is in line with the mandate of the constitution in the upcoming reform era in the face of globalization by combining with efforts to reform agrarian law and land law through research on the political direction of customary rights law for the fulfillment of human rights or the public interest, The research method used by the author to conduct research is Juridical Nomaritf, the results of research in this study need to be followed up by mapping customary rights according to the rules of Geodesy, so that it is clear the extent of customary rights areas in the archipelago and ultimately can contribute to supporting the existence and legal certainty of customary rights in particular and land law for the public interest which will provide fulfillment of human rights.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84320278","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}
Pub Date : 2023-04-26DOI: 10.37680/almanhaj.v5i1.2739
A. Zuhri, Aufah Yumni
Objective: This article aims to reveal the meaning of waqf according to the Koran and its transformation in the contemporary era in Indonesia. Method: This research method uses Library Research whose primary focus is on library books and other literature. Based on the research objectives, it includes basic research, i.e. research to broaden and deepen theoretical knowledge. Result: This digital transformation is described as the total and overall effect of digitalization on society. Khan said that digitization has enabled the digitization process, which drives stronger opportunities to transform and change existing business capital, socio-economic structures, legal and policy measures, organizational patterns, cultural barriers, etc.
{"title":"Wakaf According to The Quran and its Transformations in Indonesia's Contemporary Era","authors":"A. Zuhri, Aufah Yumni","doi":"10.37680/almanhaj.v5i1.2739","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2739","url":null,"abstract":"Objective: This article aims to reveal the meaning of waqf according to the Koran and its transformation in the contemporary era in Indonesia. Method: This research method uses Library Research whose primary focus is on library books and other literature. Based on the research objectives, it includes basic research, i.e. research to broaden and deepen theoretical knowledge. Result: This digital transformation is described as the total and overall effect of digitalization on society. Khan said that digitization has enabled the digitization process, which drives stronger opportunities to transform and change existing business capital, socio-economic structures, legal and policy measures, organizational patterns, cultural barriers, etc.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85789188","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}
Pub Date : 2023-04-19DOI: 10.37680/almanhaj.v5i1.2513
Fahim Muhammad Rizky, Aminah Aminah
This writing aims to determine the legal consequences of a notary when making a deed outside the territory of his office. In this study, the authors used normative data collection techniques carried out by conducting a library search and supported by primary raw materials in the form of applicable laws and regulations, and secondary raw materials in the form of books, articles, and magazines, Pasal 17 letter a Law of The Republic of Indonesia Number 2 of 2014 concerning the Position of Notary. Determining “Notaries are prohibited from carrying out positions outside their territory of office” is in line with the prohibition of notaries making deeds outside their working area. If a notary draws up a deed outside his territory of office, he will be subject to sanctions contained in Pasal 17 Paragraph (1) of Law Number 2 of 2014 concerning the Position of Notary.
本文旨在确定公证员在其办公室以外作出契约时的法律后果。在本研究中，作者使用了规范的数据收集技术，通过图书馆检索进行，并以适用法律法规形式的主要原材料为支持，以书籍、文章和杂志形式的次要原材料为支持，印度尼西亚共和国2014年第2号关于公证员职位的法律Pasal 17 letter a。确定“公证员不得在业务范围外担任职务”，与公证员不得在业务范围外做契约是一致的。如果公证员在其办公区域以外起草契约，他将受到2014年关于公证员地位的第2号法律Pasal 17第(1)条所规定的制裁。
{"title":"Akibat Hukum Terhadap Notaris Yang Membuat Akta Diluar Wilayah Jabatan Notaris Ditinjau Dari Undang-Undang Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris","authors":"Fahim Muhammad Rizky, Aminah Aminah","doi":"10.37680/almanhaj.v5i1.2513","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2513","url":null,"abstract":"This writing aims to determine the legal consequences of a notary when making a deed outside the territory of his office. In this study, the authors used normative data collection techniques carried out by conducting a library search and supported by primary raw materials in the form of applicable laws and regulations, and secondary raw materials in the form of books, articles, and magazines, Pasal 17 letter a Law of The Republic of Indonesia Number 2 of 2014 concerning the Position of Notary. Determining “Notaries are prohibited from carrying out positions outside their territory of office” is in line with the prohibition of notaries making deeds outside their working area. If a notary draws up a deed outside his territory of office, he will be subject to sanctions contained in Pasal 17 Paragraph (1) of Law Number 2 of 2014 concerning the Position of Notary.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74051992","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}
Pub Date : 2023-04-11DOI: 10.37680/almanhaj.v5i1.2698
Achmad Safiudin. R
The exploitation of natural resources (SDA) and environmental destruction is not just a problem that becomes a national issue, but regional and even global. In Indonesia, natural resource wealth is understood by the government as an important capital in the implementation of national development, so the unwise use of natural resources and the environment causes these natural resources to decline both in terms of quality and quantity. This is due to the construction of the mainstream of thought of sovereignty in the constitution so far has had an impact on minimal management resulting in the utilization of natural resources without regard to the principles of justice, democracy and the sustainability of natural resources functions and is often considered not based on the ideal conservation and productivity functions. The legal issues in this paper are (a) how is the dynamics of the paradigm of natural resources sovereignty in the constitution and (b) how is the paradigmatic reformulation of natural resources sovereignty in the constitution as an effort to converge in the development of the legal system. This research is within the scope of normative law through statutory approaches, case approaches and comparative legal systems approaches. The results of the research are theoretically expected to contribute ideas and enrich the repertoire of legal science, especially environmental law related to the problem of the management paradigm towards sovereign natural resources. Practically, it is expected to be useful as input material for policymakers.
{"title":"Reformulasi Paradigmatik Kedaulatan Sumber Daya Alam dalam Konstitusi","authors":"Achmad Safiudin. R","doi":"10.37680/almanhaj.v5i1.2698","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2698","url":null,"abstract":"The exploitation of natural resources (SDA) and environmental destruction is not just a problem that becomes a national issue, but regional and even global. In Indonesia, natural resource wealth is understood by the government as an important capital in the implementation of national development, so the unwise use of natural resources and the environment causes these natural resources to decline both in terms of quality and quantity. This is due to the construction of the mainstream of thought of sovereignty in the constitution so far has had an impact on minimal management resulting in the utilization of natural resources without regard to the principles of justice, democracy and the sustainability of natural resources functions and is often considered not based on the ideal conservation and productivity functions. The legal issues in this paper are (a) how is the dynamics of the paradigm of natural resources sovereignty in the constitution and (b) how is the paradigmatic reformulation of natural resources sovereignty in the constitution as an effort to converge in the development of the legal system. This research is within the scope of normative law through statutory approaches, case approaches and comparative legal systems approaches. The results of the research are theoretically expected to contribute ideas and enrich the repertoire of legal science, especially environmental law related to the problem of the management paradigm towards sovereign natural resources. Practically, it is expected to be useful as input material for policymakers.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72400358","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}
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