Rizki Agip Saputra, Lintje Anna Marpaung, Yulia Hesti
Based on the regulation of the mayor of Bandar Lampung Number 6 of 2020, the technical implementation unit for the protection of women and children was farmed to provide protection for women and children in Bandar Lampung city. This study uses a normative juridical method, and an empirical approach. The problem that will be discussed in this research is how the role of the technical implementation unit of the department of womens empowerment and child protection in Bandar lampung city in handling cases and what are the inhibiting factors. The results of the study indicate that the role of the technical implementing unit is to provide services for women and children who experience violence, discrimination, special protection, and other problems
{"title":"Peran Unit Pelaksana Teknis Dinas Pemberdayaan Perempuan dan Perlindungan Anak Kota Bandar Lampung dalam Penanganan Kasus Terkait Perempuan dan Anak (Studi Penelitian pada Dinas Pemberdayaan Perempuan dan Perlindungan Anak Kota Bandar Lampung)","authors":"Rizki Agip Saputra, Lintje Anna Marpaung, Yulia Hesti","doi":"10.35308/jic.v6i2.4534","DOIUrl":"https://doi.org/10.35308/jic.v6i2.4534","url":null,"abstract":"Based on the regulation of the mayor of Bandar Lampung Number 6 of 2020, the technical implementation unit for the protection of women and children was farmed to provide protection for women and children in Bandar Lampung city. This study uses a normative juridical method, and an empirical approach. The problem that will be discussed in this research is how the role of the technical implementation unit of the department of womens empowerment and child protection in Bandar lampung city in handling cases and what are the inhibiting factors. The results of the study indicate that the role of the technical implementing unit is to provide services for women and children who experience violence, discrimination, special protection, and other problems","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87277791","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}
Mawah is an agreement made between the owner of the property and the manager in which the proceeds will be divided based on the agreed agreement. Each agreement can be verbal or written, as long as the conditions for the validity of the agreement as stipulated in Article 1320 of the Civil Code are fulfilled. Generally, mawah agreements are made in the agricultural, land, plantation, animal husbandry sectors, and so on. This research aims to examine how the profit sharing agreement of mawah for livestock between farmers and livestock owners in Pasie Raja District, Aceh Selatan Regency, how to resolve profit sharing disputes in the practice of mawah on livestock and how the perspective of civil law on dispute resolution related to profit sharing. The method used in this research is empirical juridical. Collecting data in the field through interviews with respondents and informants, as well as documentation of activities in the field. The results of the study show that the agreement on the practice of mawah for livestock is still carried out orally. In the implementation of the mawah profit sharing agreement, there are differences between male buffalo, female buffalo that have never given birth, and female buffalo that have given birth. Efforts to resolve profit-sharing disputes in the practice of mawah on livestock are by way of deliberation or kinship, and the perspective of civil law regarding dispute resolution related to mawah profit sharing is appropriate, because the settlement route taken is non-litigation.
{"title":"Penyelesaian Sengketa Mawah Hewan Ternak dalam Masyarakat Kecamatan Pasie Raja menurut Perspektif Hukum Perdata","authors":"Salmawati Salmawati, Nouvan Moulia","doi":"10.35308/jic.v6i2.6088","DOIUrl":"https://doi.org/10.35308/jic.v6i2.6088","url":null,"abstract":"Mawah is an agreement made between the owner of the property and the manager in which the proceeds will be divided based on the agreed agreement. Each agreement can be verbal or written, as long as the conditions for the validity of the agreement as stipulated in Article 1320 of the Civil Code are fulfilled. Generally, mawah agreements are made in the agricultural, land, plantation, animal husbandry sectors, and so on. This research aims to examine how the profit sharing agreement of mawah for livestock between farmers and livestock owners in Pasie Raja District, Aceh Selatan Regency, how to resolve profit sharing disputes in the practice of mawah on livestock and how the perspective of civil law on dispute resolution related to profit sharing. The method used in this research is empirical juridical. Collecting data in the field through interviews with respondents and informants, as well as documentation of activities in the field. The results of the study show that the agreement on the practice of mawah for livestock is still carried out orally. In the implementation of the mawah profit sharing agreement, there are differences between male buffalo, female buffalo that have never given birth, and female buffalo that have given birth. Efforts to resolve profit-sharing disputes in the practice of mawah on livestock are by way of deliberation or kinship, and the perspective of civil law regarding dispute resolution related to mawah profit sharing is appropriate, because the settlement route taken is non-litigation.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88070760","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}
Article 1 of Law Number 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law) which states "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Almighty". Creating physical and spiritual bonds in forming a marriage must meet the terms and conditions. Fulfillment of these terms and conditions aims to ensure that a marriage is considered valid both religiously and stately. Article 2 paragraph (1) of the Marriage Law states that "Marriage is legal, if it is carried out according to the laws of each religion and belief". In particular, Article 40 letter c of the Compilation of Islamic Law prohibits interfaith marriages in Islam. In the case with the Judge's Determination Number: 12/Pdt.P/2022/PN Ptk, the request was granted by the judge to be recorded at the Population and Civil Registry Office. This incident created legal conflicts and uncertainty over the norms of interfaith marriages. The purpose of this study is to identify and analyze legal conflicts and legal certainty of interfaith marriages in Indonesia through case studies. The research method used in this research is normative juridical. The result of this research is invalid based on Article 40 letter c of the Compilation of Islamic Law. Indonesian Positive Law regulates a legal marriage if it is in accordance with Article 2 paragraph (1) of the Marriage Law. Based on religion and belief, Islam clearly prohibits interfaith marriages. The judge in this case handed down the determination based on the norms of Article 35 of Law Number 23 of 2006 concerning Population Administration which opens the opportunity for interfaith marriages to be recorded at the Population and Civil Registry Office. The occurrence of conflicting norms for interfaith marriages in Indonesia results in the uncertainty of marriage law in its regulations.
{"title":"Konflik Hukum Perkawinan Beda Agama di Indonesia (Studi Penetapan Hakim Nomor: 12/Pdt.P/2022/Pn Ptk)","authors":"Adella Yuana, Ilka Sandela","doi":"10.35308/jic.v6i2.6123","DOIUrl":"https://doi.org/10.35308/jic.v6i2.6123","url":null,"abstract":"Article 1 of Law Number 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law) which states \"Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Almighty\". Creating physical and spiritual bonds in forming a marriage must meet the terms and conditions. Fulfillment of these terms and conditions aims to ensure that a marriage is considered valid both religiously and stately. Article 2 paragraph (1) of the Marriage Law states that \"Marriage is legal, if it is carried out according to the laws of each religion and belief\". In particular, Article 40 letter c of the Compilation of Islamic Law prohibits interfaith marriages in Islam. In the case with the Judge's Determination Number: 12/Pdt.P/2022/PN Ptk, the request was granted by the judge to be recorded at the Population and Civil Registry Office. This incident created legal conflicts and uncertainty over the norms of interfaith marriages. The purpose of this study is to identify and analyze legal conflicts and legal certainty of interfaith marriages in Indonesia through case studies. The research method used in this research is normative juridical. The result of this research is invalid based on Article 40 letter c of the Compilation of Islamic Law. Indonesian Positive Law regulates a legal marriage if it is in accordance with Article 2 paragraph (1) of the Marriage Law. Based on religion and belief, Islam clearly prohibits interfaith marriages. The judge in this case handed down the determination based on the norms of Article 35 of Law Number 23 of 2006 concerning Population Administration which opens the opportunity for interfaith marriages to be recorded at the Population and Civil Registry Office. The occurrence of conflicting norms for interfaith marriages in Indonesia results in the uncertainty of marriage law in its regulations.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72691439","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}
Jefrie Maulana, Muharrir Muharrir, Muhammad Nahyan Zulfikar
Settlement of disputes between residents in Aceh Tamiang Regency was organized by the Setikar Village Council (MDSK) as a village deliberation body, which was later better known by the community through mediation through village traditional apparatus. This study aims to find out and explain how the procedures for resolving disputes between communities by MDSK, and analyze the legal certainty of dispute resolution between communities by MDSK in the Indonesian Judicial system. The research method of this study is normative juridical research by examining aspects of legal certainty in dispute resolution by the Aceh Tamiang District MDSK in the Indonesian justice system. The legal materials used consist of primary, secondary and tertiary legal materials. The approach taken in this research is the approach to legislation and the approach to the principle of legal certainty. The research data will be analyzed qualitatively in accordance with the legislation and conformity with the principle of legal certainty. The results of the study indicate that out-of-court dispute resolution in Aceh Tamiang District is organized by MDSK. The dispute resolution process is carried out by examining initial data related to the subject of the dispute, examining documentary evidence and adjusting it in the field, then making decisions by deliberation and consensus. Dispute resolution by MDSK has not met the principle of legal certainty. Because, MDSK does not have legality as a mediation forum and is not recognized as a mediator as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Then, there are no implementing regulations in the form of guidelines for dispute resolution through MDSK, standard rules for implementation procedures and dispute resolution procedures.
{"title":"Kepastian Hukum Penyelesaian Sengketa oleh Majelis Adat Setikar Kampung dalam Sistem Peradilan Indonesia","authors":"Jefrie Maulana, Muharrir Muharrir, Muhammad Nahyan Zulfikar","doi":"10.35308/jic.v6i2.6210","DOIUrl":"https://doi.org/10.35308/jic.v6i2.6210","url":null,"abstract":"Settlement of disputes between residents in Aceh Tamiang Regency was organized by the Setikar Village Council (MDSK) as a village deliberation body, which was later better known by the community through mediation through village traditional apparatus. This study aims to find out and explain how the procedures for resolving disputes between communities by MDSK, and analyze the legal certainty of dispute resolution between communities by MDSK in the Indonesian Judicial system. The research method of this study is normative juridical research by examining aspects of legal certainty in dispute resolution by the Aceh Tamiang District MDSK in the Indonesian justice system. The legal materials used consist of primary, secondary and tertiary legal materials. The approach taken in this research is the approach to legislation and the approach to the principle of legal certainty. The research data will be analyzed qualitatively in accordance with the legislation and conformity with the principle of legal certainty. The results of the study indicate that out-of-court dispute resolution in Aceh Tamiang District is organized by MDSK. The dispute resolution process is carried out by examining initial data related to the subject of the dispute, examining documentary evidence and adjusting it in the field, then making decisions by deliberation and consensus. Dispute resolution by MDSK has not met the principle of legal certainty. Because, MDSK does not have legality as a mediation forum and is not recognized as a mediator as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Then, there are no implementing regulations in the form of guidelines for dispute resolution through MDSK, standard rules for implementation procedures and dispute resolution procedures. ","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"10 2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79671043","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}
The crime of rape is a very serious problem, a crime that is rampant today is the crime of rape against minors. In this research, the type of research used is the Juridical Empirical approach. The research location used as a place to conduct research is the Nagan Raya District Attorney's Office. Because Aceh is a special Autonomous Region and refers to the Lex Specialis Derogat Legi Generali principle, which is a special law that overrides general law, in carrying out the prosecution of this case it will be charged with Aceh Qanun Number 6 of 2014 concerning Jinayat Law. Law enforcement carried out by the Public Prosecutor must provide benefits or be efficient for the community to achieve justice. But of course there is a difference in treatment between adults and children in terms of dealing with the law. There are several factors for the occurrence of criminal acts such as factors that arise from within the individual. Crime occurs not only from factors within the perpetrator's personal self but also from factors from outside the perpetrator such as family environmental factors, and community environmental factors.
{"title":"Penegakan Hukum oleh Jaksa Penuntut Umum terhadap Remaja sebagai Residivis Pelaku Pemerkosaan di Kabupaten Nagan Raya","authors":"Elly Yuslisa, Phoenna Ath Thariq","doi":"10.35308/jic.v6i2.5002","DOIUrl":"https://doi.org/10.35308/jic.v6i2.5002","url":null,"abstract":"The crime of rape is a very serious problem, a crime that is rampant today is the crime of rape against minors. In this research, the type of research used is the Juridical Empirical approach. The research location used as a place to conduct research is the Nagan Raya District Attorney's Office. Because Aceh is a special Autonomous Region and refers to the Lex Specialis Derogat Legi Generali principle, which is a special law that overrides general law, in carrying out the prosecution of this case it will be charged with Aceh Qanun Number 6 of 2014 concerning Jinayat Law. Law enforcement carried out by the Public Prosecutor must provide benefits or be efficient for the community to achieve justice. But of course there is a difference in treatment between adults and children in terms of dealing with the law. There are several factors for the occurrence of criminal acts such as factors that arise from within the individual. Crime occurs not only from factors within the perpetrator's personal self but also from factors from outside the perpetrator such as family environmental factors, and community environmental factors.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76331810","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}
This research is entitled "The role of the prosecutor in handling cases of sexual abuse of minors in Aceh Regency. The method used is empirical and the data analysis used is qualitative, the data collection technique is conducted interviews and documentation, the type of data used is primary data, secondary data, based on the results of research on proving that in Aceh Province, especially in West Aceh, there are cases of child abuse under This age and the indictment dropped by the public pros ecutor are in accordance with the Aceh Qanun law, in the process of handling cases of sexual abuse of minors, the application or working method of the public prosecutor is in accordance with the prosecutor's law, although there are tips and certain tricks contained in the m legislation used by the prosecutor's office.
{"title":"Peranan Kejaksaan dalam Penanganan Perkara Pelecehan Seksual Anak Dibawah Umur Di Kabupaten Aceh Barat","authors":"Desi Maulida, Nila Trisna","doi":"10.35308/jic.v6i2.5092","DOIUrl":"https://doi.org/10.35308/jic.v6i2.5092","url":null,"abstract":"This research is entitled \"The role of the prosecutor in handling cases of sexual abuse of minors in Aceh Regency. The method used is empirical and the data analysis used is qualitative, the data collection technique is conducted interviews and documentation, the type of data used is primary data, secondary data, based on the results of research on proving that in Aceh Province, especially in West Aceh, there are cases of child abuse under This age and the indictment dropped by the public pros ecutor are in accordance with the Aceh Qanun law, in the process of handling cases of sexual abuse of minors, the application or working method of the public prosecutor is in accordance with the prosecutor's law, although there are tips and certain tricks contained in the m legislation used by the prosecutor's office.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81564189","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}
Marriage is an bond between a man and a woman to justify the relationship as husband and wife. Illegal marriages or unregistered marriages still often occur in the practice of the people of Sabang City. This is due to the ease of managing the files. The purpose of this study is to explain and analyze the implementation of the practice of unregistered marriage qadhi as well as to explain and analyze the impact or legal consequences in the jurisdiction of the City of Sabang. This survey is a qualitative survey with a normative and empirical legal approach. The normative judicial approach examines laws and regulations related to unrecorded Gaddy marriage practices. While considering the normative provisions that can be applied in practice, an empirical legal approach provides an alternative solution to the problem of illegal marriage caddy practice in the jurisdiction of the people of the city of Sabang. The results of the study show that the practice of implementing qadhi marriages is not recorded in the view of Islamic law which has occurred for a long time and is still developing in the Sabang community due to the inability of the community to meet the requirements and mechanisms regulated by the Office of Religious Affairs (KUA). KUA does not want to take the risk to resolve the reasons related to unregistered marriage. Efforts that can be made are by marriage itsbat or remarriage. It is recommended to the public that marriages be carried out in accordance with written laws. Law enforcement officials should take firm action against the perpetrators of illegal/siri marriages so as to create a deterrent effect. For KUA, it should record and re-socialize couples who have unregistered marriages to be remarried so that they are legal according to regulations and religion.
{"title":"Praktek Qadhi Nikah Tidak Tercatat Setelah Berlakunya Undang-Undang Perkawinan (Studi Penelitian di Wilayah Hukum Kota Sabang)","authors":"F. Fauzan, F. Faisal, Hamdani Hamdani","doi":"10.35308/jic.v6i2.5675","DOIUrl":"https://doi.org/10.35308/jic.v6i2.5675","url":null,"abstract":"Marriage is an bond between a man and a woman to justify the relationship as husband and wife. Illegal marriages or unregistered marriages still often occur in the practice of the people of Sabang City. This is due to the ease of managing the files. The purpose of this study is to explain and analyze the implementation of the practice of unregistered marriage qadhi as well as to explain and analyze the impact or legal consequences in the jurisdiction of the City of Sabang. This survey is a qualitative survey with a normative and empirical legal approach. The normative judicial approach examines laws and regulations related to unrecorded Gaddy marriage practices. While considering the normative provisions that can be applied in practice, an empirical legal approach provides an alternative solution to the problem of illegal marriage caddy practice in the jurisdiction of the people of the city of Sabang. The results of the study show that the practice of implementing qadhi marriages is not recorded in the view of Islamic law which has occurred for a long time and is still developing in the Sabang community due to the inability of the community to meet the requirements and mechanisms regulated by the Office of Religious Affairs (KUA). KUA does not want to take the risk to resolve the reasons related to unregistered marriage. Efforts that can be made are by marriage itsbat or remarriage. It is recommended to the public that marriages be carried out in accordance with written laws. Law enforcement officials should take firm action against the perpetrators of illegal/siri marriages so as to create a deterrent effect. For KUA, it should record and re-socialize couples who have unregistered marriages to be remarried so that they are legal according to regulations and religion.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84690962","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}
Ferdy Saputra, Ramaniatun Ramaniatun, Phoenna Ath Thariq, Dara Quthni Effida
The crime of corruption is a special offense which is regulated separately in the criminal law book. In the process of handling corruption cases, the principle of priority or precedence in the settlement process applies. This is in accordance with Article 25 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which states that investigations, prosecutions, examinations in court in corruption cases take precedence over other cases for prompt settlement. This study aims to determine the application of material criminal law to the crime of livestock budget corruption in the case of decision Number 1/Pid.Pra/2019.Pn.Lsm, and to find out how the judge's considerations in making a decision on the crime of corruption in the livestock budget in decision Number 1/ Pid.Pre/2019.Pn.Lsm. This study uses a descriptive normative legal research method. Sources of primary and secondary legal materials, data collection techniques are library research, while the analysis of legal materials used in this study is qualitative analysis. Based on the results of the study, it is known that the application of material criminal law to perpetrators of corruption in the livestock budget in the case of decision number 1/Pid.Pra/2019.Pn.Lsm is that in its development, pretrial arrangements are regulated in Article 1 number 10 Jo. Article 77 of the Criminal Procedure Code, there is often treatment of law enforcement officials who are not really serious in reaching the material truth so that the person concerned does not get real legal protection from the state. For that obtain real legal protection from the state. For this reason, such developments can be accommodated through whether or not the determination of suspects is legal and whether the seizure is legal or not, it has been recognized as being the area of pretrial authority, so as to minimize arbitrary treatment by law enforcement officers. It is recommended that law enforcement officers, whether prosecutors, lawyers and judges, must have good knowledge of legal science, especially regarding the criminal law of corruption. If his actions are based on the proper application of criminal law from law enforcement, a sense of justice can be felt for all people.
{"title":"Penerapan Hukum terhadap Tindak Pidana Korupsi Anggaran Ternak (Studi Putusan No.1/Pid.Pra/2019.Pn.Lsm)","authors":"Ferdy Saputra, Ramaniatun Ramaniatun, Phoenna Ath Thariq, Dara Quthni Effida","doi":"10.35308/jic.v6i2.6044","DOIUrl":"https://doi.org/10.35308/jic.v6i2.6044","url":null,"abstract":"The crime of corruption is a special offense which is regulated separately in the criminal law book. In the process of handling corruption cases, the principle of priority or precedence in the settlement process applies. This is in accordance with Article 25 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which states that investigations, prosecutions, examinations in court in corruption cases take precedence over other cases for prompt settlement. This study aims to determine the application of material criminal law to the crime of livestock budget corruption in the case of decision Number 1/Pid.Pra/2019.Pn.Lsm, and to find out how the judge's considerations in making a decision on the crime of corruption in the livestock budget in decision Number 1/ Pid.Pre/2019.Pn.Lsm. This study uses a descriptive normative legal research method. Sources of primary and secondary legal materials, data collection techniques are library research, while the analysis of legal materials used in this study is qualitative analysis. Based on the results of the study, it is known that the application of material criminal law to perpetrators of corruption in the livestock budget in the case of decision number 1/Pid.Pra/2019.Pn.Lsm is that in its development, pretrial arrangements are regulated in Article 1 number 10 Jo. Article 77 of the Criminal Procedure Code, there is often treatment of law enforcement officials who are not really serious in reaching the material truth so that the person concerned does not get real legal protection from the state. For that obtain real legal protection from the state. For this reason, such developments can be accommodated through whether or not the determination of suspects is legal and whether the seizure is legal or not, it has been recognized as being the area of pretrial authority, so as to minimize arbitrary treatment by law enforcement officers. It is recommended that law enforcement officers, whether prosecutors, lawyers and judges, must have good knowledge of legal science, especially regarding the criminal law of corruption. If his actions are based on the proper application of criminal law from law enforcement, a sense of justice can be felt for all people.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82749044","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}
 Penegakan hukum lingkungan sangat erat kaitannya dengan kehidupan dan lingkungan hidup manusia serta makhluk hidup lainnya. Lingkungan yang sehat dan asri merupakan hak dari setiap makhluk hidup yang tinggal di bumi ini. Dengan menerapkan metode normatif-empiriss, penelitian ini diharapkan mendapatkan gambaran yang menyeluruh dan sistematis mengenai perlindungan dan pelestarian lingkungan, dengan perolehan data dari wawancara, buku, jurnal, laporan dan situs online. Ringkasan hasil penelitian ini adalah perlindungan dan pengelolaan serta penegakan hukum lingkungan terlah ternuat dalam Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup, serta peraturan turunan lainnya. Namun dalam tataran pelaksanaan dan penegakan hukumnya masih belum maksimal dalam penanganan mengenai pengrusakan lingkungan dan dampak dari pengerjaan proyek seperti pengerukan bukit dan tanah galian dengan membabat hutan, hiruk- pikuk dan kebisingan disekitar lokasi proyek, banyaknya galian C yang tidak berijin serta perusahaan-perusahaan yang tidak melapor kondisi lingkungan yang dikelolanya. Begitu juga dengan faktor lemahnya kesadaran masyarakat akan pentingnya kelestarian lingkungan, bertambah dan beragamnya pengaduan kasus lingkungan, serta kurang tegasnya aparat penegak hukum dalam mengantisipasi potensi pelanggaran terhadap perusakan lingkungan hidup.
{"title":"Implementasi Penegakan Hukum Lingkungan Pada Pengembangan Sektor Pariwisata di Kawasan Ekonomi Khusus (KEK) Kuta Mandalika","authors":"Yulias Erwin","doi":"10.29303/ius.v9i2.929","DOIUrl":"https://doi.org/10.29303/ius.v9i2.929","url":null,"abstract":"Â Penegakan hukum lingkungan sangat erat kaitannya dengan kehidupan dan lingkungan hidup manusia serta makhluk hidup lainnya. Lingkungan yang sehat dan asri merupakan hak dari setiap makhluk hidup yang tinggal di bumi ini. Dengan menerapkan metode normatif-empiriss, penelitian ini diharapkan mendapatkan gambaran yang menyeluruh dan sistematis mengenai perlindungan dan pelestarian lingkungan, dengan perolehan data dari wawancara, buku, jurnal, laporan dan situs online. Ringkasan hasil penelitian ini adalah perlindungan dan pengelolaan serta penegakan hukum lingkungan terlah ternuat dalam Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup, serta peraturan turunan lainnya. Namun dalam tataran pelaksanaan dan penegakan hukumnya masih belum maksimal dalam penanganan mengenai pengrusakan lingkungan dan dampak dari pengerjaan proyek seperti pengerukan bukit dan tanah galian dengan membabat hutan, hiruk- pikuk dan kebisingan disekitar lokasi proyek, banyaknya galian C yang tidak berijin serta perusahaan-perusahaan yang tidak melapor kondisi lingkungan yang dikelolanya. Begitu juga dengan faktor lemahnya kesadaran masyarakat akan pentingnya kelestarian lingkungan, bertambah dan beragamnya pengaduan kasus lingkungan, serta kurang tegasnya aparat penegak hukum dalam mengantisipasi potensi pelanggaran terhadap perusakan lingkungan hidup.","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"102 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79410259","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}
Hesti Dwi Astuti, Cucu Sholihah, M. Sahid, Abu Umar Faruq Ahmad, Y. Sopyan, U. Husaeni
Non-bank financial service actors in the era of the COVID-19 pandemic made a breakthrough by creating fintech (Financial technology) through the development of Peer Peer Lending (P2P) or online loans. The purpose of this study is to analyze the implementation of 5C principles in the practice of peer-to-peer lending Fintech based on a review of Islamic business ethics. The method used in this research is a normative juridical approach with a descriptive research approach. The data that has been obtained will be arranged systematically for further qualitative analysis. This study concludes that principles and business ethics must be considered with the concept of “The Five C’s Principle of Credit Analysis†in either conventional or sharia systems. In the case of customers who choose a sharia online loan system, they must also pay attention to the ethical aspects of financial business in Islam, which is something that must be considered considering that in Islam, ethical issues are related to the determination of economic policies that will affect the halalness of service and the agreement of the parties.Â
{"title":"Principle 5 C in The Practice of Peer to Peer Lending (P2P) Financial Technology in The Perspective of Business Ethics and Islamic Justice","authors":"Hesti Dwi Astuti, Cucu Sholihah, M. Sahid, Abu Umar Faruq Ahmad, Y. Sopyan, U. Husaeni","doi":"10.29303/ius.v10i2.1019","DOIUrl":"https://doi.org/10.29303/ius.v10i2.1019","url":null,"abstract":"Non-bank financial service actors in the era of the COVID-19 pandemic made a breakthrough by creating fintech (Financial technology) through the development of Peer Peer Lending (P2P) or online loans. The purpose of this study is to analyze the implementation of 5C principles in the practice of peer-to-peer lending Fintech based on a review of Islamic business ethics. The method used in this research is a normative juridical approach with a descriptive research approach. The data that has been obtained will be arranged systematically for further qualitative analysis. This study concludes that principles and business ethics must be considered with the concept of “The Five C’s Principle of Credit Analysis†in either conventional or sharia systems. In the case of customers who choose a sharia online loan system, they must also pay attention to the ethical aspects of financial business in Islam, which is something that must be considered considering that in Islam, ethical issues are related to the determination of economic policies that will affect the halalness of service and the agreement of the parties. ","PeriodicalId":34628,"journal":{"name":"Jurnal IUS","volume":"28 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83734128","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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