Peran teknologi informasi disemua sektor kehidupan manusia sangat penting tak terkecuali dalam dunia perbankan. Kemajuan sistem perbankan tidak dapat dipisahkan dengan peranan teknologi informasi. Berbagai kejahatan dalam dunia teknologi informasi juga dapat berlaku pada industri perbankan, salah satunya adalah duplikasi data nasabah yang dapat merugikan nasabah sehingga nasabah perlu mendapatkan perlindungan hukum. Penelitian ini bertujuan untuk mengetahui perlindungan hukum terhadap nasabah korban duplikasi data bank ditinjau dari Undang-Undang No. 10 Tahun 1998 Tentang Perbankan dan Undang-Undang No. 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik. Penelitian ini bersifat deskritif analisis, menggambarkan peraturan perundang-undangan yang berlaku dan berkaitan perlindungan hukum terhadap nasabah dari kejahatan teknologi informasi berdasarkan undang-undang perbankan dan ITE. Metode pendekatan yang digunakan oleh penulis adalah metode pendekatan yuridis normatif dengan memahami, menguji, dan mengkaji data sekunder. Berdasarkan hasil penelitian diketahui bahwa perlindungan hukum terhgadap nasabah korban duplikasi data berdasarkan Undang-undang perbankan belum dibahas secara mendetail terutama secara hukum pidana, sementara berdasarkan undang-undang informasi dan transaksi elektronik perlindungan hukum dijabarkan dalam pasal-pasal yang berkaitan dengan penyalahgunaan transaksi elektronik dan dapat dikenai hukuman pidana. Kata Kunci: duplikasi data, skimming, perlindungan nasabah, tindak pidana perbankan, tindak pidana elektronik
{"title":"PERLINDUNGAN HUKUM TERHADAP NASABAH KORBAN DUPLIKASI DATA BANK DI INDONESIA","authors":"Dikha Anugrah","doi":"10.35334/AY.V5I1.1205","DOIUrl":"https://doi.org/10.35334/AY.V5I1.1205","url":null,"abstract":"Peran teknologi informasi disemua sektor kehidupan manusia sangat penting tak terkecuali dalam dunia perbankan. Kemajuan sistem perbankan tidak dapat dipisahkan dengan peranan teknologi informasi. Berbagai kejahatan dalam dunia teknologi informasi juga dapat berlaku pada industri perbankan, salah satunya adalah duplikasi data nasabah yang dapat merugikan nasabah sehingga nasabah perlu mendapatkan perlindungan hukum. Penelitian ini bertujuan untuk mengetahui perlindungan hukum terhadap nasabah korban duplikasi data bank ditinjau dari Undang-Undang No. 10 Tahun 1998 Tentang Perbankan dan Undang-Undang No. 11 Tahun 2008 Tentang Informasi Dan Transaksi Elektronik. Penelitian ini bersifat deskritif analisis, menggambarkan peraturan perundang-undangan yang berlaku dan berkaitan perlindungan hukum terhadap nasabah dari kejahatan teknologi informasi berdasarkan undang-undang perbankan dan ITE. Metode pendekatan yang digunakan oleh penulis adalah metode pendekatan yuridis normatif dengan memahami, menguji, dan mengkaji data sekunder. Berdasarkan hasil penelitian diketahui bahwa perlindungan hukum terhgadap nasabah korban duplikasi data berdasarkan Undang-undang perbankan belum dibahas secara mendetail terutama secara hukum pidana, sementara berdasarkan undang-undang informasi dan transaksi elektronik perlindungan hukum dijabarkan dalam pasal-pasal yang berkaitan dengan penyalahgunaan transaksi elektronik dan dapat dikenai hukuman pidana. Kata Kunci: duplikasi data, skimming, perlindungan nasabah, tindak pidana perbankan, tindak pidana elektronik ","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132866112","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}
ABSTRACTThis research will be reviewed by the legal facts of the act of sinking illegal fishing vessels conducted by law enforcement officers or fisheries investigators in the Indonesian Fisheries Waters. The sinking of ships was carried out given the increasingly widespread theft of fish by foreign ships. An interesting legal issue to explore is about the sinking of illegal fishing vessels in a review of Indonesia's legal perspective. The purpose of this study is to analyse the sinking of ships related to the crime of illegal fishing before a court decision has permanent legal force, whether it is following applicable law. The next objective is to analyse the legal consequences of the ship sinking in the practice of enforcing illegal fishing criminal acts before a court decision has permanent legal force. This research is legal research with normative legal research type so that the analysis method used is a qualitative study that is built based on legal arguments to answer the problematic issues of this research law. The results showed that the act of sinking illegal fishing vessels in Indonesian fisheries waters by law enforcement officers or Indonesian fisheries investigators, normatively dogmatically, was following the provisions of Indonesian national law, which had been informed in Article 69 Paragraph 4 of Law Number 45 the Year 2009 regarding Fisheries, has also been by the provisions of international law, as regulated in Article 73 of UNCLOS 1982. Furthermore, the legal consequences of the sinking of illegal fishing vessels before the existence of a court decision have permanent legal force, normatively, has juridical implications on three things, namely: First, after the sinking of illegal fishing vessels became the basis for law enforcement officers or fisheries investigators to conduct further investigations within the formal criminal law enforcement framework; Second, the sinking of the ship has a legal effect on the status of the ship that sunk into status as evidence of the proceeds of crime or criminal acts that can be confiscated; Third, the sinking of the illegal fishing vessel has legal implications on the offender who can be subject to the status of a suspect and can even be raised to the status of a defendant of an illegal fishing crime. The author recommends that the Indonesian government through the foreign ministry should make diplomatic efforts to the international community to urge the United Nations to make illegal fishing a transnational crime. The procedure of permanent sinking of illegal fishing vessels, should not only be limited to the regulations of the Director-General of Fisheries but by the Indonesian government in the form of special legislation. Kata Kunci: Penenggelaman Kapal, Illegal Fishing, dan Penegakan Hukum
摘要本研究将以印尼渔业水域执法人员或渔业调查人员击沉非法渔船行为的法律事实为依据进行审查。沉船事件发生的背景是，外国船只盗窃鱼类的现象日益普遍。一个值得探讨的有趣的法律问题是，在回顾印尼的法律观点时，有关非法渔船沉没的问题。本研究的目的是分析在法院判决具有永久法律效力之前，与非法捕鱼罪有关的沉船案件是否符合适用法律。下一个目标是分析在法院判决具有永久法律效力之前，在执行非法捕鱼犯罪行为的实践中沉船的法律后果。本研究是规范性法律研究类型的法律研究，因此所使用的分析方法是基于法律论据建立的定性研究，以回答本研究法的问题。结果表明，执法人员或印度尼西亚渔业调查人员在印度尼西亚渔业水域击沉非法渔船的行为，从规范上讲，符合印度尼西亚国内法的规定，这是2009年第45号关于渔业的法律第69条第4款所规定的，也符合国际法的规定，如1982年《联合国海洋法公约》第73条所规定的。此外，非法渔船沉没的法律后果在法院判决存在之前具有永久的法律效力，在规范上具有三方面的法律影响，即:第一，非法渔船沉没后成为执法人员或渔业调查人员在正式刑事执法框架内进行进一步调查的依据;第二，船舶沉没对沉没船舶的地位具有法律效力，使其成为可以被没收的犯罪所得或者犯罪行为的证据;第三，非法渔船的沉没对违法者具有法律影响，违法者可以被定为犯罪嫌疑人，甚至可以被提升为非法捕鱼犯罪的被告。作者建议，印尼政府应通过外交部向国际社会做出外交努力，敦促联合国将非法捕鱼定为跨国犯罪。永久击沉非法渔船的程序不仅应限于渔业局局长的条例，而且应由印度尼西亚政府以特别立法的形式加以规定。Kata Kunci: Penenggelaman Kapal，非法捕鱼，dan Penegakan Hukum
{"title":"PENENGGELAMAN KAPAL TERKAIT TINDAK PIDANA ILLEGAL FISHING SEBELUM ADANYA PUTUSAN PENGADILAN YANG BERKEKUATAN HUKUM TETAP","authors":"Banan Prasetya","doi":"10.35334/AY.V4I2.1196","DOIUrl":"https://doi.org/10.35334/AY.V4I2.1196","url":null,"abstract":"ABSTRACTThis research will be reviewed by the legal facts of the act of sinking illegal fishing vessels conducted by law enforcement officers or fisheries investigators in the Indonesian Fisheries Waters. The sinking of ships was carried out given the increasingly widespread theft of fish by foreign ships. An interesting legal issue to explore is about the sinking of illegal fishing vessels in a review of Indonesia's legal perspective. The purpose of this study is to analyse the sinking of ships related to the crime of illegal fishing before a court decision has permanent legal force, whether it is following applicable law. The next objective is to analyse the legal consequences of the ship sinking in the practice of enforcing illegal fishing criminal acts before a court decision has permanent legal force. This research is legal research with normative legal research type so that the analysis method used is a qualitative study that is built based on legal arguments to answer the problematic issues of this research law. The results showed that the act of sinking illegal fishing vessels in Indonesian fisheries waters by law enforcement officers or Indonesian fisheries investigators, normatively dogmatically, was following the provisions of Indonesian national law, which had been informed in Article 69 Paragraph 4 of Law Number 45 the Year 2009 regarding Fisheries, has also been by the provisions of international law, as regulated in Article 73 of UNCLOS 1982. Furthermore, the legal consequences of the sinking of illegal fishing vessels before the existence of a court decision have permanent legal force, normatively, has juridical implications on three things, namely: First, after the sinking of illegal fishing vessels became the basis for law enforcement officers or fisheries investigators to conduct further investigations within the formal criminal law enforcement framework; Second, the sinking of the ship has a legal effect on the status of the ship that sunk into status as evidence of the proceeds of crime or criminal acts that can be confiscated; Third, the sinking of the illegal fishing vessel has legal implications on the offender who can be subject to the status of a suspect and can even be raised to the status of a defendant of an illegal fishing crime. The author recommends that the Indonesian government through the foreign ministry should make diplomatic efforts to the international community to urge the United Nations to make illegal fishing a transnational crime. The procedure of permanent sinking of illegal fishing vessels, should not only be limited to the regulations of the Director-General of Fisheries but by the Indonesian government in the form of special legislation. Kata Kunci: Penenggelaman Kapal, Illegal Fishing, dan Penegakan Hukum ","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115319977","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}
ABSTRACT A judge's decision concerning evidence in a criminal case is not closed, possibly causing problems in the future. Including the emergence of resistance by third parties who feel that their rights and interests have been harmed by the evidence.The research method used is a normative juridical research method with a conceptual approach, a legal approach and case approach.Based on the results of the study can be concluded first; Ratio Desidendy the decision of the Binjai District Court Number: 22 / Pdt.Plw / 2012 / PN.BJ dated 21 February 2013 that resistance was the guarantor of Darman's debt to the CV Showroom. Jaya Mobilindo because of the principal agreement to buy and sell 1 unit of car carried out by Darman with CV Showroom. Jaya Mobilindo, where resistance does not know the relationship between Darman and the Survived Als. Adi related to the a quo car unit. Therefore according to the provisions of article 24 of Law No. 42 of 1999 concerning the Fiduciary Guarantee above, then The opponent should not be burdened with the obligation to bear the risk of loss of objects that are used as fiduciary guarantees for unlawful acts committed by Suriadi Als. Adi, Defendant in Case No. 265 / Pid.B / 2012 / PN.BJ. Therefore, opponents are third parties with good intentions that must be protected by their rights and interests.Second: The third party's legal efforts to defend civil rights against the execution of evidence related to criminal offenses are by carrying out resistance efforts (derdenverzet. As an extraordinary legal measure used by third parties to refute or fight the execution of seizures carried out by the court. this law is carried out by third parties with the intention that their rights and interests are harmed as a result of the execution of seizure to get legal protection.Criminal legal measures can also be taken by third parties when their interests and rights are harmed as a result of a court decision in a criminal case. Third party property is used as evidence in a criminal case, because it is used by the defendant in committing a crime, so that one of the dictums of the court decision in the criminal case is confiscating evidence for a country that is actually owned by a third party that is not involved am criminal case. Keywords, Derden Verzet, Decision, Execution, Evidence, Criminal Act
{"title":"PERLAWANAN PIHAK KETIGA (DERDEN VERZET) TERHADAP EKSEKUSI BARANG BUKTI ATAS PUTUSAN PENGADILAN YANG TELAH BERKEKUATAN HUKUM TETAP( INKRACHT VAN GEWIJSDE) TERKAIT TINDAK PIDANA","authors":"Fatria Gunawan","doi":"10.35334/ay.v4i2.1195","DOIUrl":"https://doi.org/10.35334/ay.v4i2.1195","url":null,"abstract":"ABSTRACT A judge's decision concerning evidence in a criminal case is not closed, possibly causing problems in the future. Including the emergence of resistance by third parties who feel that their rights and interests have been harmed by the evidence.The research method used is a normative juridical research method with a conceptual approach, a legal approach and case approach.Based on the results of the study can be concluded first; Ratio Desidendy the decision of the Binjai District Court Number: 22 / Pdt.Plw / 2012 / PN.BJ dated 21 February 2013 that resistance was the guarantor of Darman's debt to the CV Showroom. Jaya Mobilindo because of the principal agreement to buy and sell 1 unit of car carried out by Darman with CV Showroom. Jaya Mobilindo, where resistance does not know the relationship between Darman and the Survived Als. Adi related to the a quo car unit. Therefore according to the provisions of article 24 of Law No. 42 of 1999 concerning the Fiduciary Guarantee above, then The opponent should not be burdened with the obligation to bear the risk of loss of objects that are used as fiduciary guarantees for unlawful acts committed by Suriadi Als. Adi, Defendant in Case No. 265 / Pid.B / 2012 / PN.BJ. Therefore, opponents are third parties with good intentions that must be protected by their rights and interests.Second: The third party's legal efforts to defend civil rights against the execution of evidence related to criminal offenses are by carrying out resistance efforts (derdenverzet. As an extraordinary legal measure used by third parties to refute or fight the execution of seizures carried out by the court. this law is carried out by third parties with the intention that their rights and interests are harmed as a result of the execution of seizure to get legal protection.Criminal legal measures can also be taken by third parties when their interests and rights are harmed as a result of a court decision in a criminal case. Third party property is used as evidence in a criminal case, because it is used by the defendant in committing a crime, so that one of the dictums of the court decision in the criminal case is confiscating evidence for a country that is actually owned by a third party that is not involved am criminal case. Keywords, Derden Verzet, Decision, Execution, Evidence, Criminal Act","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"1995 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130419638","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}
Abstract Authority of Pegadaian in Issuance of the Certificates of Precious Stones in Indonesia.This research aimed to determine the institution authorized to issue the certificate of the precious stones in Indonesia. This study used the empirical research type to look at the enforcement of the law from the non-legal aspect. The collected data – both primary and secondary data – were analyzed qualitatively. Then, they were described in order to answer the problems of this research.The research results revealed that The authority to issue certificates for the precious stones in Indonesia was given to the authorized and powerful institutes in order to issue certificates for the precious stones in Indonesia, such as the Pawnshop and order private institutes as the actors in the commerce industry of precious stones in Indonesia. Keywords: Authority, The Pawnshop, Certificates of Precious Stones.
{"title":"KEWENANGAN PEGADAIAN DALAM MENERBITKAN SERTIFIKAT BATU MULIA DI INDONESIA","authors":"Alif Arhanda Putra","doi":"10.35334/AY.V4I2.1199","DOIUrl":"https://doi.org/10.35334/AY.V4I2.1199","url":null,"abstract":"Abstract Authority of Pegadaian in Issuance of the Certificates of Precious Stones in Indonesia.This research aimed to determine the institution authorized to issue the certificate of the precious stones in Indonesia. This study used the empirical research type to look at the enforcement of the law from the non-legal aspect. The collected data – both primary and secondary data – were analyzed qualitatively. Then, they were described in order to answer the problems of this research.The research results revealed that The authority to issue certificates for the precious stones in Indonesia was given to the authorized and powerful institutes in order to issue certificates for the precious stones in Indonesia, such as the Pawnshop and order private institutes as the actors in the commerce industry of precious stones in Indonesia. Keywords: Authority, The Pawnshop, Certificates of Precious Stones.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133327497","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}
ABSTRACT The Kayan Mentarang National Park (KNPM) area located in the Heart of Borneo (HoB) in North Kalimantan lives various Dayak sub-tribes. They inhabit and keep the forest so that the forest remains safe and sustainable. Indigenous and tribal peoples who have customary forest areas in which their status of appointment as KMNP initially may receive, so that the process can continue in the inaugural process. But with the development of information and circumstances the situation was changed and now the indigenous people reject the pegat which will be doneThe legal issues that serve as the purpose of this paper are: the recognition of traditional rights of indigenous and tribal communities and the recognition of local wisdom in the management of Kayan Mentarang National Park. Using the normative juridical and customary law approaches that this method is expected to address the issue of law.The dynamics of the development of society and law can change the legal status of both government and customary law community to a legal fact. Forests as natural resources and the environment are constitutionally the government's obligation to regulate them. Inauguration of customary forest as a national park brings legal consequences to rights and obligations. Implementation of laws and regulations is limited by Human Rights. It is necessary to harmonize the law, so that both the interests of indigenous and tribal peoples, as the inhabitants as well as the natural resources, the environment, and the biodiversity as the interests of mankind are not mutually harmful. Keywords: Customary Law Community, Traditional Rights, National Park
{"title":"LEGAL ADMISSION OF LEGAL SOCIETY CONDUCTING THE NATIONAL PARK OF KAYAN MENTARANG (TNKM)","authors":"Marthin Marthin, Wiwin Dwi Ratna, Yasser Arafat, Afdhal","doi":"10.35334/ay.v4i2.1197","DOIUrl":"https://doi.org/10.35334/ay.v4i2.1197","url":null,"abstract":" ABSTRACT The Kayan Mentarang National Park (KNPM) area located in the Heart of Borneo (HoB) in North Kalimantan lives various Dayak sub-tribes. They inhabit and keep the forest so that the forest remains safe and sustainable. Indigenous and tribal peoples who have customary forest areas in which their status of appointment as KMNP initially may receive, so that the process can continue in the inaugural process. But with the development of information and circumstances the situation was changed and now the indigenous people reject the pegat which will be doneThe legal issues that serve as the purpose of this paper are: the recognition of traditional rights of indigenous and tribal communities and the recognition of local wisdom in the management of Kayan Mentarang National Park. Using the normative juridical and customary law approaches that this method is expected to address the issue of law.The dynamics of the development of society and law can change the legal status of both government and customary law community to a legal fact. Forests as natural resources and the environment are constitutionally the government's obligation to regulate them. Inauguration of customary forest as a national park brings legal consequences to rights and obligations. Implementation of laws and regulations is limited by Human Rights. It is necessary to harmonize the law, so that both the interests of indigenous and tribal peoples, as the inhabitants as well as the natural resources, the environment, and the biodiversity as the interests of mankind are not mutually harmful. Keywords: Customary Law Community, Traditional Rights, National Park","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116725475","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}
Abstract The configuration of legal politics always influences the development (character) of legal products. democratic political configurations always give birth to responsive character laws, the Eradication and Prevention Policy on Corruption, Collusion and Nepotism, which states that there is a need for a law regulating witness protection. In the light of the Witness and Victim Protection Act, it turns out that the law on the protection of witnesses and victims in terms of legal politics has not yet been able to meet the needs of the community. There should have been a government policy in the form of a law to protect the reporting witnesses or also called the Whistleblower, as well as expert witnesses, meaning that the existing laws are not in accordance with community needs (not responsive to community development) Keywords: Politics of Law, Legal Protection, Reporting Witness, Expert Witness
{"title":"POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG PERLINDUNGAN SAKSI DAN KORBAN, DILIHAT DARI PERLINDUNGAN WHISTLEBLOWER (SAKSI PELAPOR) DAN SAKSI AHLI DI INDONESIA","authors":"Aris Irawan","doi":"10.35334/ay.v4i2.1198","DOIUrl":"https://doi.org/10.35334/ay.v4i2.1198","url":null,"abstract":"Abstract The configuration of legal politics always influences the development (character) of legal products. democratic political configurations always give birth to responsive character laws, the Eradication and Prevention Policy on Corruption, Collusion and Nepotism, which states that there is a need for a law regulating witness protection. In the light of the Witness and Victim Protection Act, it turns out that the law on the protection of witnesses and victims in terms of legal politics has not yet been able to meet the needs of the community. There should have been a government policy in the form of a law to protect the reporting witnesses or also called the Whistleblower, as well as expert witnesses, meaning that the existing laws are not in accordance with community needs (not responsive to community development) Keywords: Politics of Law, Legal Protection, Reporting Witness, Expert Witness","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131935983","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}
Weddings are performed by bond of trust , means that men and women who were married in the territory of the Republic of Indonesia shall have the religion together . The principle of the law of marriage is absolute means to not have a period of time dalaluarsa . Marriage must also be registered at the Office of Religious Affairs and registered atNote Civil . Marriage is an agreement between a man and a woman in the scope of family law . Marriage is a worship that will continue to take place up in heaven . By because it's every couple must keep the rope marriage that is not interrupted and canceled . Inamong those who cancel the marriage are divorce. Divorces according to Language is decided bond . As for the term fiqhi is decided bond of marriage with the pronouncement of talaq or that convey the same to the pronouncement of divorce . This study discusses "the effect of the Sighat Tak'lik agreement on the marriage bond in Sharia and its impact on divorce in religious courts in Tarakan City "The research is aimed to know the result of treaty sighat Tak'lik and its impact on the divorce that happened in court Religion Tarakan City and knowing Forms agreement sighat Tak'lik who cancels wedding in sharia . The type of research that is used is the study of law Juridical Normative among others case approach, conceptual approach and statute approach. Case approach is the approach by way of doing research on the case - a case that relates to the issues that face . Keywords: Sighat Taqliq , Talaq, Marriage , Marriage , Shariah
{"title":"KEDUDUKAN SIGHAT TAQLIQ TALAQ DALAM HUKUM ISLAM","authors":"Zainal Abidin Muhja","doi":"10.35334/AY.V4I1.1021","DOIUrl":"https://doi.org/10.35334/AY.V4I1.1021","url":null,"abstract":"Weddings are performed by bond of trust , means that men and women who were married in the territory of the Republic of Indonesia shall have the religion together . The principle of the law of marriage is absolute means to not have a period of time dalaluarsa . Marriage must also be registered at the Office of Religious Affairs and registered atNote Civil . Marriage is an agreement between a man and a woman in the scope of family law . Marriage is a worship that will continue to take place up in heaven . By because it's every couple must keep the rope marriage that is not interrupted and canceled . Inamong those who cancel the marriage are divorce. Divorces according to Language is decided bond . As for the term fiqhi is decided bond of marriage with the pronouncement of talaq or that convey the same to the pronouncement of divorce . This study discusses \"the effect of the Sighat Tak'lik agreement on the marriage bond in Sharia and its impact on divorce in religious courts in Tarakan City \"The research is aimed to know the result of treaty sighat Tak'lik and its impact on the divorce that happened in court Religion Tarakan City and knowing Forms agreement sighat Tak'lik who cancels wedding in sharia . The type of research that is used is the study of law Juridical Normative among others case approach, conceptual approach and statute approach. Case approach is the approach by way of doing research on the case - a case that relates to the issues that face . Keywords: Sighat Taqliq , Talaq, Marriage , Marriage , Shariah","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123926648","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}
Abstract This research is motivated by the rise of hoaxes every time before the Presidential Election (Pilpres) in Indonesia. Later hoaxes are increasingly massive and have entered all lines of life, so it is very difficult to determine which news is good and where lies. For this reason, it is necessary to clarify the formulation of juridical regulations, regarding hoax aspects that can be held accountable.This research then sets two goals, namely: First, to analyze and explain a number of laws and regulations relating to hoaxes; Second, to analyze and explain the hoax criteria contained in social media.This research method uses a type of normative legal research, with three approaches as the basis of its analysis, namely: Approach to legislation, namely to conduct an analysis of legislation about hoaxes, with a review of relevant product laws. Conceptual approach, through this approach, researchers study views and doctrines in law, then find ideas that give birth to legal notions, legal concepts and legal principles relevant to hoaxes. As well as the case approach, namely by examining cases relating to the issues faced which have become court decisions and have permanent legal force.The results showed that hoax qualifications that could be liable by referring to Law Number 1 Year 1946 concerning Criminal Law Regulations, Article 14 and 15 and Law Number 19 Year 2016 concerning amendments to Law Number 11 Year 2008 concerning Electronic Information and Transactions (ITE) article 28 paragraph (1). In Law No. 1 of 1946 the perpetrators can be charged if they have fulfilled the element intentionally or have the intention to cause trouble and the person must at least have the presumption that the news is false news. Whereas in Act No. 19 of 2016 the culprit can be snared if everyone intentionally means that they have bad intentions and without the right to spread false and misleading news, which means making other people astray which results in consumer losses in electronic transactions. Deliberately, making a misguided and making consumer losses is a requirement that must be fulfilled. So that in article 45 A paragraph 1, the culprit can be sentenced to six years imprisonment and a fine of Rp1 billion.Researcher's recommendation, It is recommended that the action qualifications spread hoaxes on social media that accountability can be requested in a more specific law, namely social media law. This is to anticipate the development of social media going forward. Keywords: News, Hoax News, Social Media, and ITE Law
{"title":"BERITA BOHONG (HOAKS) PADA MEDIA SOSIAL DALAM PERSPEKTIF PERUNDANG-UNDANGAN DI INDONESIA","authors":"Anny Susilowati Susilowati","doi":"10.35334/AY.V4I1.1022","DOIUrl":"https://doi.org/10.35334/AY.V4I1.1022","url":null,"abstract":"Abstract This research is motivated by the rise of hoaxes every time before the Presidential Election (Pilpres) in Indonesia. Later hoaxes are increasingly massive and have entered all lines of life, so it is very difficult to determine which news is good and where lies. For this reason, it is necessary to clarify the formulation of juridical regulations, regarding hoax aspects that can be held accountable.This research then sets two goals, namely: First, to analyze and explain a number of laws and regulations relating to hoaxes; Second, to analyze and explain the hoax criteria contained in social media.This research method uses a type of normative legal research, with three approaches as the basis of its analysis, namely: Approach to legislation, namely to conduct an analysis of legislation about hoaxes, with a review of relevant product laws. Conceptual approach, through this approach, researchers study views and doctrines in law, then find ideas that give birth to legal notions, legal concepts and legal principles relevant to hoaxes. As well as the case approach, namely by examining cases relating to the issues faced which have become court decisions and have permanent legal force.The results showed that hoax qualifications that could be liable by referring to Law Number 1 Year 1946 concerning Criminal Law Regulations, Article 14 and 15 and Law Number 19 Year 2016 concerning amendments to Law Number 11 Year 2008 concerning Electronic Information and Transactions (ITE) article 28 paragraph (1). In Law No. 1 of 1946 the perpetrators can be charged if they have fulfilled the element intentionally or have the intention to cause trouble and the person must at least have the presumption that the news is false news. Whereas in Act No. 19 of 2016 the culprit can be snared if everyone intentionally means that they have bad intentions and without the right to spread false and misleading news, which means making other people astray which results in consumer losses in electronic transactions. Deliberately, making a misguided and making consumer losses is a requirement that must be fulfilled. So that in article 45 A paragraph 1, the culprit can be sentenced to six years imprisonment and a fine of Rp1 billion.Researcher's recommendation, It is recommended that the action qualifications spread hoaxes on social media that accountability can be requested in a more specific law, namely social media law. This is to anticipate the development of social media going forward. Keywords: News, Hoax News, Social Media, and ITE Law ","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117317707","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}
Abstract Elections are a tangible form of the concept of democracy which is believed to be one form of carrying out government through a "Party" Democracy which should be a party of people who rejoice and have high expectations of the simultaneous election implementation in 2019. Gakumdu as an integrated law enforcement center has an important role in handling election criminal acts. In Article 486 point (1) of Law No. 7 of 2017 explicitly explained the establishment of Gakkumdu intends to equalize the understanding and pattern of handling election criminal acts by the Bawaslu, the Indonesian National Police, and the Attorney General's Office of the Republic of Indonesia. The Gakkumdu members themselves come from the Indonesian National Police and prosecutors from the Indonesian Attorney General's Office.In this paper the central issue is the effectiveness of the integrated Law Enforcement Center (Gakkumdu) in handling every election crime that occurs in each stage of the 2019 General Elections, including seeing what are the problems faced by the Gakkumdu center and what efforts are being made to strengthen the Gakkumdu center.The holding of elections conducted in Indonesia, evidently the procedures and mechanism of elections also influence changes in behavior of both participants, implementers, organizing elections as well as several government and judicial institutions. As for the objects of the formulation of election criminal offenses as formulated in Law Number 7 of 2017 Concerning General Elections, which are classified in line with several qualifications of actions, such as: Criminal acts aimed at everyone, Criminal acts that can be carried out by KPU officers, KPU Province, Regency / City KPU, PPK, PPS and PPLN, made in crimes aimed at implementing the campaign, Criminal acts aimed at election participants proven to receive donations and / or assistance, Criminal acts aimed at state officials / government officials and judicial institutions , Criminal acts aimed at ballot printing companies.
{"title":"EFEKTIFITAS LEMBAGA SENTRA PENEGAKAN HUKUM TERPADU (GAKUMDU) DALAM MENEGAKKAN KEADILAN PEMILU","authors":"Muhammad Ilham Agang","doi":"10.35334/AY.V4I1.1025","DOIUrl":"https://doi.org/10.35334/AY.V4I1.1025","url":null,"abstract":" Abstract Elections are a tangible form of the concept of democracy which is believed to be one form of carrying out government through a \"Party\" Democracy which should be a party of people who rejoice and have high expectations of the simultaneous election implementation in 2019. Gakumdu as an integrated law enforcement center has an important role in handling election criminal acts. In Article 486 point (1) of Law No. 7 of 2017 explicitly explained the establishment of Gakkumdu intends to equalize the understanding and pattern of handling election criminal acts by the Bawaslu, the Indonesian National Police, and the Attorney General's Office of the Republic of Indonesia. The Gakkumdu members themselves come from the Indonesian National Police and prosecutors from the Indonesian Attorney General's Office.In this paper the central issue is the effectiveness of the integrated Law Enforcement Center (Gakkumdu) in handling every election crime that occurs in each stage of the 2019 General Elections, including seeing what are the problems faced by the Gakkumdu center and what efforts are being made to strengthen the Gakkumdu center.The holding of elections conducted in Indonesia, evidently the procedures and mechanism of elections also influence changes in behavior of both participants, implementers, organizing elections as well as several government and judicial institutions. As for the objects of the formulation of election criminal offenses as formulated in Law Number 7 of 2017 Concerning General Elections, which are classified in line with several qualifications of actions, such as: Criminal acts aimed at everyone, Criminal acts that can be carried out by KPU officers, KPU Province, Regency / City KPU, PPK, PPS and PPLN, made in crimes aimed at implementing the campaign, Criminal acts aimed at election participants proven to receive donations and / or assistance, Criminal acts aimed at state officials / government officials and judicial institutions , Criminal acts aimed at ballot printing companies.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"494 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128219902","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}
AbstractThis research aims to determine the relationship between doctor and patient in a therapeutic agreement, as provided for in Informed Consent and the law of medical practice for doctors and patients understand the obligations and responsibilities as well as provide insights for health professionals, especially physicians about the importance of treaties in creating therapeutic medical services appropriate to the patient.The research was conducted at two hospitals in the city of Makassar is Wahidin Sudirohusodo Hospitals and Hospitals Grestelina. Primary data collection instruments and interviews conducted with the data sender done with literature study and data collection at two institutions. Data were analyzed qualitatively.The results showed that the Therapeutic relationship that occurs between doctor and patient is currently well underway with the hospital where doctors and Grestelina Wahidin Sudirohusodo been clearly understood to provide information needed by patients from both phases of history, diagnosis/ so that everything recorded in prognosis medical records. The patient could complain of illness, but patients tend to be resigned to that advice from doctors is not done. Doctors and hospitals Wahidin Sudirohusodo Grestelina has done its responsibility in caring for patients with always do a routine for inpatients and how to be polite and respect the limits of its competence by following per under the oath that doctors say. Patients have appreciated doter with trying to provide honest information in which the function of creating belief between doctor and patient. Sudirohusodo Wahidin hospital doctors and medical services Grestelina have done in the form of counseling to the patient in choosing the appropriate medication and treatment conditions quickly for emergency room patients are by the SOP (Standard Operating Procedure). SOP (Standard Operating Procedure also regulates every doctor who wants to practice in the hospital, and Grestelina Wahidin Sudirohusodo must have the STR (letter of registration) and SIP (Permit Practice) through the provisions made by the Institute COUNCIL (Physician Discipline Committee) and the Organization of Ethics.
{"title":"PERJANJIAN TERAPEUTIK SEBAGAI DASAR BAGI DOKTER DALAM MEAKUKAN PENANGANAN MEDIS","authors":"Sabir Alwy, Afdhal Afdhal","doi":"10.35334/AY.V4I1.1020","DOIUrl":"https://doi.org/10.35334/AY.V4I1.1020","url":null,"abstract":"AbstractThis research aims to determine the relationship between doctor and patient in a therapeutic agreement, as provided for in Informed Consent and the law of medical practice for doctors and patients understand the obligations and responsibilities as well as provide insights for health professionals, especially physicians about the importance of treaties in creating therapeutic medical services appropriate to the patient.The research was conducted at two hospitals in the city of Makassar is Wahidin Sudirohusodo Hospitals and Hospitals Grestelina. Primary data collection instruments and interviews conducted with the data sender done with literature study and data collection at two institutions. Data were analyzed qualitatively.The results showed that the Therapeutic relationship that occurs between doctor and patient is currently well underway with the hospital where doctors and Grestelina Wahidin Sudirohusodo been clearly understood to provide information needed by patients from both phases of history, diagnosis/ so that everything recorded in prognosis medical records. The patient could complain of illness, but patients tend to be resigned to that advice from doctors is not done. Doctors and hospitals Wahidin Sudirohusodo Grestelina has done its responsibility in caring for patients with always do a routine for inpatients and how to be polite and respect the limits of its competence by following per under the oath that doctors say. Patients have appreciated doter with trying to provide honest information in which the function of creating belief between doctor and patient. Sudirohusodo Wahidin hospital doctors and medical services Grestelina have done in the form of counseling to the patient in choosing the appropriate medication and treatment conditions quickly for emergency room patients are by the SOP (Standard Operating Procedure). SOP (Standard Operating Procedure also regulates every doctor who wants to practice in the hospital, and Grestelina Wahidin Sudirohusodo must have the STR (letter of registration) and SIP (Permit Practice) through the provisions made by the Institute COUNCIL (Physician Discipline Committee) and the Organization of Ethics.","PeriodicalId":322454,"journal":{"name":"JURNAL AKTA YUDISIA","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127050597","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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