As-Syar'i: Jurnal Bimbingan & Konseling Keluarga

Penegakan Hukum Tindak Pidana Pembunuhan Berencana terhadap Hakim

Tedy Arman — 2024-04-02

Premeditated murder is a crime (moord), it could be said that this is ordinary murder, but the difference is that it was planned in advance. The crime of murder is an act or deed committed by a person against another person so that the act can cause the loss of a person's life, this type of criminal act is a crime against a person's life, namely primarily assault and murder, both types of murder crimes are always preceded by torture which is always appears to be a charge after a charge of murder relating to evidentiary circumstances The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. Legal System Proving Premeditated Murder Against Judges: If the murder as intended in Article 338 is carried out immediately when the intention arises, whereas the implementation of premeditated murder is postponed after the intention is established, in order to regulate the plan, the manner in which the murder will be carried out. Upholding Justice Against Premeditated Murder of Judges, the judge's legal considerations before a decision is taken so the fuel is the values, principles, concepts, appropriate theories and evidence and facts revealed at trial. So that the decisions are good and in accordance with the community's sense of justice.

Komunikasi Interpersonal Konselor dalam Mengatasi Anxiety Problem Konseli: Kajian Konseling Islam

Salman Salman — 2024-04-02

This research aims to find out how counselors' interpersonal communication works in resolving counselors' anxiety problems: Islamic counseling studies. The data mining technique in this research uses a qualitative approach using library research techniques, namely collecting data through several pieces of literature that are related to the discussion. The method used in this research is descriptive analysis. The findings obtained by the author in this research are that interpersonal communication in the counseling process is very necessary, especially during deep interviews with clients in order to overcome anxiety. Furthermore, the suggestion process is carried out in order to strengthen the counselee's mentality so that the counselee can solve the problem independently.

Analisis Pertimbangan Putusan Hakim Pengadilan Agama Wonosari Tentang Penetapan Perwalian Orang Tua Kandung

Faqih Thariqu Billah — 2024-04-02

Case Decision Nomor 39/Pdt.P/2023/PA.Wno is the decision of the Wonosari Religious Court which granted the parents' (mother's) request for guardianship of their biological child. Even though Article Pasal 47 Undang-undang Nomor 16 Tahun 2019 tentang Perkawinan, explains that children are under 18 years old and have never been married. So his guardianship power is under the responsibility of his parents. Parents as guardians represent all legal actions related to their children, both inside and outside the court. Biological parents automatically become guardians of their children without needing to determine guardianship in a religious court. It's just a civil practice that occurs in the field, the Land Deed Making Officer (PPAT) requires parents to first make a guardianship determination with the religious court, when they want to take care of their child's inherited land. Based on the description of the context of this research, there is a gap between the law (das sollen) and the legal reality that occurs (das sein).

Pengaruh Kegiatan Ekstrakurikuler Rohis (Rohani Islam) terhadap Tingkah Laku Siswa di SMPN 1 Kota Bogor

Novi Novi Novi — 2024-04-02

The purpose of this research namely: (1) to determine the extracurricular activities of rohis at SMPN 1 Bogor City, (2) to determine the behavior of students at SMPN 1 Bogor City, (3) to find out whether there is a significant influence between extracurricular activities of rohis on the behavior of students at SMPN 1 Bogor City. The data collection technique used is a questionnaire by distributing data to students who take part in extracurricular activities at SMPN 1 Bogor City, for the method used, namely surveys. The results of this study show that: (1) rohis extracurricular activities are included in the category of quite high, (2) student behavior is included in the fairly high category, (3) there is a positive and significant influence between extracurricular activities on student behavior at SMPN 1 Bogor City with a significance value of 0.000 < 0.05 then indicated by (R) which is 0.559 which is in the medium or sufficient category, because it is located between 0.40-0.60. The percentage of influence of the independent variable on the dependent variable called the coefficient of determination (R2) is 0.313 or 31.3%

Hak Tanggungan Secara Cross Collateral dalam Penyaluran Kredit

Mohammad Wendy Harmansyah — 2024-04-02

The law must be able to provide adequate protection against variations in the provision of collateral for credit facilities. This variation and legal protection relates, among others, to the existence of cross collateral in credit collateral. The type of research or approach taken is empirical legal research while the nature of the research carried out is categorized as descriptive-analytical research. Required special rules governing cross collateral. This is necessary to provide legal certainty and legal protection for both creditors and debtors in entering into credit agreements, especially if the agreements use cross collateral collateral.

Dirkursus Tafsir di Masa Para Sahabat dan Ruang Lingkupnya

Akmal Rizki Gunawan Hasibuan — 2024-04-02

This writing aims to explain the differences in interpretation of the Qur'an among friends. The research methodology uses a descriptive analysis method with a qualitative approach by applying the library research type of research. The results and discussion of this research show several pros and cons between the two interpretive views of marfu' and mauquf and the emergence of differences in interpretation among friends which are driven by two causes. First, the reason for dzatiyyah is a reason related to the personality of the commenter. For example, the level of knowledge, accuracy, ability to listen carefully or not tell stories, it could be wrong if you obey the law. The second is the reason for maudzu'iyyat, namely reasons related to the text or dilalah. Such as differences in the qiraat side, the irab side, controversies among linguists in the interpretation of sentences, the pronunciation of isytarak, am khas, muthlaq and muqayyad, haqiq and majazi, idlmar and istiqlal, sentence additions, the beginning and end of a series, muhkam and mansukh, differences in story interpretation.

Penalaran Aturan Hukum Perlindungan Identitas Agama pada Anak dalam Konsep Hadhanah di Malaysia

Fadhil Fadani — 2024-04-02

Issues in religious law and state law are inseparable from the pros and cons that conflict occurs, but the alignment in the Muslim majority society is religious, this raises an understanding of the character of religious values, one of which is to children. This study aims to educate children to behave according to religious teachings and morals. So it requires the concern of parents as the first education in the family environment, as for what is found in Malaysia is the rules regarding child custody or called hadhanah. This study analyzes the content of the existing hadhanah rules in Malaysia related to the protection of children's religion. This research uses a normative approach with the theory of maslahah mursalah put forward by Ibn Qayyim Al-Jauziyyah. This research is field research. The results of this study indicate that judges in the Syariah Court in deciding hadhanah cases make the child's religion a very important consideration. According to this article, the authors argue that the existence of hadhanah rules in Malaysia is a form of benefit in the framework of hifdz al-dinn at the hajiyah level. So as to provide religious understanding in accordance with Islamic values and principles in maintaining the religious identity of children and safety and justice.

Perlindungan Konsumen dalam Rekayasa Rating Penilaian pada Aplikasi Shopee Perspektif Mazhab Imam Asy-Syafi’i: Studi Kasus Pengguna Aplikasi Shopee di Desa Tembung Kecamatan Percut Sei Tuan

Muhammad Iqbal — 2024-04-02

High competition encourages business actors to use various methods to market their products, without paying attention to applicable rules and laws. One of the strategies used is Rating Engineering. Rating engineering is a false assessment that is often used to increase the reputation of a shop so that it is more trustworthy when people visit it when they want to shop with the aim of making buyers interested and concluding that the shop is a shop that is very popular on its site. The existence of rating engineering activities makes consumers worried about the authenticity of the goods being sold. This research discusses legal protection and the perspective of the Imam Syafi'i School regarding rating engineering activities. The aim of this research is to determine the impact of rating engineering using fake orders and consumer protection against the practice of rating engineering. The results obtained are that consumer protection has been very well regulated from a religious perspective, namely the Al-Qur'an and Hadith as well as from a legal perspective in Indonesia in Law No. 8 of 1999, so this is very strong to follow in terms of consumer protection and also obligations. business actors in carrying out their business can create a society that behaves correctly and honestly in every implementation. According to the perspective of the Imam Asy-Shafi'i School, the practice of rating engineering carried out by several online business actors on the Shopee application is haram because it violates buying and selling ethics and business ethics by committing fraudulent acts in their promotions in the marketplace.

Urgensi Bimbingan Perkawinan Bagi Calon Pengantin Dalam Mewujudkan Keluarga Harmonis

Usman Al Farisi — 2024-04-02

One of the goals of marriage is to create a harmonious family. The process of realizing a harmonious family requires the attitude of the married couple in living a household life. So the need for marriage guidance for prospective brides. In this study, researchers describe that with the urgency of marriage guidance for prospective brides followed by prospective brides, it is hoped that it will make a harmonious family so that it can form a family that can realize the defense of its family and can face and solve problems in the mahligai household. The method in this research uses a qualitative approach to the literature study method. The result of this study is that from the marriage guidance of prospective brides conducted by the two prospective spouses has urgency in realizing the household mahligai that every individual desires, namely a harmonious family, where families can get peace, comfort, compassion, and love and others.

Implikasi Keputusan Tata Usaha Negara Persetujuan Peningkatan Produksi Kontrak Karya dalam Penegakan Keadilan pada Peradilan Tata Usaha Negara

Mohamad Rizki Irmansyah — 2024-04-02

Environmental pollution occurs when the cycle of matter in the living environment changes so that the balance in terms of structure and function is disturbed. Imbalances in the structure and function of the material cycle occur due to natural processes or also due to human actions. In this modern age, there are many human activities or actions to fulfill biological needs and technological needs, thus causing a lot of environmental pollution. If there is a problem regarding environmental destruction or damage to the environment, it is almost certain that human activity is the main cause. The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The implications of the state administration's decision to approve increased production of work contracts, provisions containing the principle of absolute responsibility, cannot yet be implemented, considering that Article 21 of Law No. 23 of 1997 concerning Environmental Management with implementing regulations that have not been made has resulted in lawsuits in environmental cases. in courts requesting the application of the principle of absolute responsibility is often not accepted. Enforcement of environmental law through civil procedures is regulated in Chapter either based on an agreement between the parties or using the services of a mediator and/or arbitrator. A lawsuit via litigation (court action) can only be pursued if efforts to resolve the dispute outside of court are unsuccessful.

Pembatasan Usia Minimal Perkawinan dalam Hukum Keluarga Islam Studi Komparasi Indonesia dan Yordania

M. Syarfi Iqbal — 2024-04-02

The minimum age limit for marriage in Islamic Family Law is a provision that regulates the minimum age limit that must be met by individuals before legally entering into a marriage according to the principles of Islamic law. This is intended to protect the parties involved and ensure the physical, mental and emotional maturity of prospective partners before entering into marriage. This research uses a qualitative descriptive approach using literature study methods to investigate differences in minimum age restrictions for marriage between Islamic law and state policy. Data collection was carried out through direct surveys and literature searches from trusted sources, including international journals, books and e-books. The literature study method involves three essential steps: Literature Inventory, Literature Description, and Literature Comparison. The research focus is focused on analyzing laws regarding minimum age limits for marriage in various countries, with an emphasis on comparisons between Islamic legal views and implementation of state policies. The research findings produced several conclusions, including: 1) Differences in approach between Islamic law which does not set a minimum age limit and state policies such as Indonesia (19 years) and Jordan (18 years); 2) Limiting the age of marriage as an effort to protect and mature individuals in living a married life; 3) Rearranged minimum standardization divergence to prevent misuse; 4) Marriage as an institution with noble purposes, interpreted by Islamic law and adopted by the state taking into account local, social and cultural aspects.

Jamak Tanpa Safar: Solusi Alternatif Ibadah

Muhammad Habibul Amin — 2024-04-02

This article aims to explain the permissibility of combining (jamak) two fard prayers without having to travel far (safar) due to rain, busyness, traffic jams, celebrations (walimah) as a form of convenience in worship. In this condition, jamak becomes an alternative solution for Muslims because of the difficulty of fulfilling the obligation to pray in the time specified in the Qur'an and hadith. As literature research, this article will examine the plural prayer in the perspective of scholars, such as Abdurrahman bin Muhammad Ba'lawi, Yusuf al-Qardhawi, and Alwi Ahmad Saqqaf who provide rukhshah (relief) solutions in worshiping Allah. This research is qualitative in nature, which is done by collecting, analyzing, and interpreting narratives comprehensively against visual data to get a full, comprehensive, and holistic insight into the phenomenon of plural prayers for other than travelers. The results of this study indicate that combining two prayers without traveling far is permissible because of busyness, traffic congestion, and celebrations (walimah). Associated with current conditions, the situation is a form of masyaqqah that cannot be avoided so as to perform plural prayers, both taqdim and ta`khir.

Analisis Analysis of Public Transport Subsidy for Students in Medan City

Khairani Alawiyah Matondang — 2024-04-02

The population continues to increase every year, and so do transportation needs. This is inseparable from the increasing number and variety of population activities. also includes educational activities. Traveling to and from school often results in traffic jams. Apart from that, many students choose to use private vehicles. which worsens air pollution and traffic congestion. Thus, the aim of this research is to create regulations governing the use of public transportation, especially for students. can facilitate student transportation to and from school. Thus, perhaps this can be implemented in the future. This is an example of how the government can provide incentives for students to use public transportation in an effort to reduce congestion caused by the use of private vehicles. The data collection process was carried out using observation, interviews, surveys and paperwork methods, then procedures for analyzing student characteristics and analyzing subsidy mechanisms. Based on various analyzes conducted, based on these findings, 69% of students are willing to switch to subsidized public transportation

Efektivitas Diversi dalam Penyelesaian Tindak Pidana di Kepolisian Resor Kota Banyumas

Jeffry Eguh Pangestu — 2024-04-02

This research aims to determine, understand, and analyze elaboratively the effectiveness of implementing diversion and inhibiting factors faced by the police in resolving criminal acts that occur in the jurisdiction of the Banyumas City Police Department. The research method used in this paper is qualitative research with a sociological juridical approach, with analytical descriptive research specifications. The location of this research is at the Banyumas City Police Department. The types and sources of data in this research include primary data and secondary data. Primaries data were obtained through interviews and secondaries data were obtained through literature study which was described narratively and systematically. Based on the research results, it was concluded that the implemention of diversion in resolving criminal acts at the Banyumas City Police Department jurisdiction had been effective in cases that met the material and formal requirements as determined in statutory regulations such as Law Number 11 of 2012 concerning Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling Childen Who Are Not Yet 12 (twelve) Years Old, as well as Police Regulation Number 8 of 2021 concerning Handling Criminal Offenses based on Restorative Justice. Then, regarding the inhibiting factors faced by the police in implementing diversion at the investigation level, they consist of: Legal structure factors, namely the lack of understanding by internal resources, especially police officers at the lowest level (Polsek) regarding the mechanisms and rules for resolving criminal cases through diversion, Legal substance factors, namely the absence of internal police regulations that specifically regulate technical and administrative instructions for investigations (Standard Operational Procedures) relating to the implementation of diversion at the investigative level, (3) Legal culture factors, namely the community at generally, there is still a paradigm that the concept of justice for perpetrators of criminal acts is punishment or criminal imposition which focuses on the aspect of retaliation.

Penegakan Hukum, Sanksi dan Kendala Dari Pelanggaran Peraturan Daerah Nomor 13 Tahun 2012 Tentang Pengelolaan Sampah di Kabupaten Kendal

Qikhan Maulidya — 2024-04-02

Waste management is still an unresolved problem to this day. This research aims to examine problems in waste management in Kendal Regency. This research is normative legal research with a statutory approach. Data was collected using literature studies and analyzed qualitatively. Kendal Regency has several laws and regulations related to waste management, especially Regional Regulation Number 13 of 2012 concerning Waste Management and several other laws and regulations. Law enforcement in waste management refers to three legal systems which are a combination of structural, material and cultural components. Apart from that, related to law enforcement in waste management, it can be studied from 2 sides, namely preventive and repressive law enforcement. Even though a strong legal basis has been provided by regional regulations, the implementation of sanctions still faces problems. The main obstacles are low public awareness, limited resources, and technical problems in waste management infrastructure. Sanctions applied for violations of regulations include verbal warnings, written warnings and fines. Sanctions have not been able to provide significant deterrence, according to the evaluation. Therefore, this research provides suggestions for improving the law enforcement system, increasing public awareness, and overcoming technical problems so that Regional Regulation Number 13 of 2012 in Kendal Regency can be better implemented in terms of sustainable waste management. Effective law enforcement can help create a clean, healthy and sustainable environment while ensuring that each party is responsible for waste management.

Analisis Pandangan Hakim Terhadap Cerai Murtad Perspektif Hukum Islam di Pengadilan Agama Kraksaan Probolinggo Jawa Timur

Muhammad Rizky Maulana — 2024-04-02

This research examines the judge’s views on apostate divorce cases from the perspective of Islamic law at the Kraksaan Religious Court, Probolinggo, East Java. The research method used was descriptive qualitative with snowball sampling technique for sampling. Primary data was obtained from documentation and direct interviews with judges at the Kraksaan Religious Court, while secondary data came from books, laws and related journals. The results of the analysis show that the judge’s views on apostate divorce are influenced by various factors, including religious, legal, social, economic and humanitarian aspects. The judge carefully considers the reasons for apostate divorce in accordance with the provisions of Islamic law and applicable positive law. The judge’s decision in an apostate divorce case must take into account the welfare of the child, socio-cultural conditions, the couple’s economic capabilities, and the principles of justice. This research underscores the importance of judges’ decision making that is fair and balanced, taking into account all relevant factors to reach a dignified solution for all parties involved in the divorce process.

Penegakan Hukum Tindak Pidana Peredaran Narkotika oleh Oknum Anggota POLRI

Budi Waljiman — 2024-04-02

According to Law Number 35 of 2009, narcotics are substances or drugs that come from plants or non-plants, whether synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of sensation, reduce to eliminate pain, and can lead to addiction, which is classified into groups as attached in Law Number 35 of 2009. Narcotics abuse has become a very serious issue faced by various countries, both in developed and developing countries, and one of them is Indonesia. Indonesia, which initially served as a transit country for narcotics trade, has now been turned into a destination for operations, transactions, sales, and production by international narcotics networks. This is evidenced by the numerous fields containing marijuana plants and factories producing narcotics discovered by law enforcement agencies. The research method used is a normative juridical research type, in line with the author's intended purpose, the methodology in the design of the thesis research uses two approaches, namely the Statute Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The research results show that the criminal law system against members of the police force involved in narcotics trafficking, the Criminal Code only recognizes a maximum criminal system. It must be acknowledged that the emergence of this special minimum criminal sanction aims to make people afraid to commit acts as formulated in the Psychotropic Law. Problems arise when, in a specific case, the judge feels that this special minimum criminal penalty is still very severe, and law enforcement imposes criminal sanctions specified in Law No. 35 of 2009 on members of the police force who abuse narcotics, also imposing administrative sanctions, which are sanctions imposed by the relevant institution, in accordance with the main task of the police force as stated in Article 13 letter b, namely enforcing the law. Therefore, every member of the police force is required to be able to investigate and prosecute any form of criminal activity, which would be contradictory if a member of the police force commits a criminal act, as the police force should be a role model for society in implementing the law and regulations in force.

Hubungan Konflik Peran Ganda dan Stres Kerja dengan Psychological Well Being Perawat di RSUD Dr. R. Goeteng Taroenadibrata Purbalingga

Dinda Artanti Septiana — 2024-04-02

The psychological well-being felt by nurses is important because it has an optimal influence on whether nurses work or not. Psychological well-being in nurses can be caused by many aspects, including problems with multiple roles and work stress. In this way, the aim of the research is to understand the relationship between dual roles, work stress, and the psychological well-being of nurses at RSUD, Dr. R. Goeteng Taroenadibrata Purbalingga. The method taken is quantitative with a descriptive correlational design and cross-sectional design, as well as a sampling technique with total sampling. Data analysis utilized the Spearman Rank test. The output of the research was from 70 nurses at RSUD Dr. R. Goeteng Taroenadibrata Purbalingga. The majority experienced dual role conflict, which was at a moderate level; there were 32 nurses (45.7%), work stress was in the moderate category, 40 people (57.1%), and psychological well-being was in the medium category, 43 nurses. (61.4%). The results of the data analysis show that there is an influential correlation between the problem of dual roles and the psychological well-being of nurses (p-value = 0.000 and rho = 0.885). Apart from that, there is also an influential correlation between work stress and the psychological well-being of nurses (p-value = 0.000 and rho value = 0.775).

Kepastian Hukum dalam Proses Perceraian Talak di Hadapan dan Melalui Izin Mahkamah Negara Bagian dan Wilayah Persekutuan Malaysia

Az-Zahra Aulya Salsabila — 2024-04-05

Divorce that occurs outside and without permission from the court raises many legal problems, from the validity of the divorce to the non-fulfillment of the rights and obligations of husband and wife after divorce. Malaysia is a country consisting of states and an alliance area which in its Islamic family law rules regulates divorce before the court to ensure legal certainty. This paper discusses the procedures for the divorce of Malaysian citizens that must be carried out before the Malaysian Court and the rules for registering talak for divorces that have already occurred not in front of and without the permission of the Malaysian Court. The regulations for imposing divorce outside the Malaysian Court also include penalties (punishment) for violators. This paper uses a juridical-philosophical approach to explain the procedure for divorce before the court and the rules related to the registration of divorce that have been carried out outside and without the truth of the court to create legal certainty. This research is a qualitative type of literature research. The conclusion of this paper shows that the rules related to divorce before the Malaysian Court indicate legal certainty because in the process the judge examines the validity of the lafadz talak that the husband has imposed to ensure the validity of the legal status of divorce in Sharia and the state administratively, as well as the fulfillment of the rights and obligations of husband and wife after divorce.

Filsafat Hukum Islam dan Hikmah

Derta Nur Anita — 2024-04-07

Philosophy of Islamic law is the knowledge of the nature, secret, and the goal of Islam both concerning the material and the process of its adoption. Philosophy of Islamic law will make Islamic law can adapt to the conditions and needs of its day. hikmah means wisdom or deep meaning. Wisdom also means knowing the superiority of something through knowledge. Tasawuf experts interpret wisdom as knowledge of God's secrets in creating something. Scientists of Islamic law define wisdom as a motivation in law reconciliation to achieve kemaslahatan and reject kemudharatan. Philosophy of Islamic law and hikmah have similiaritis in function and purpose, even most Muslim philosophers consider wisdom to be a synonym of philosophy.

Presidential Campaign Authority in The General Election Law

Muhammad Salman Alfansuri Jacob — 2024-04-16

The President's Authority to Campaign during the General Election has recently become an interesting topic of discourse among the public. Some people think that the President should not campaign to maintain the neutrality of elections, the President's dignity, and so on. However, on the other hand, the public thinks that it is okay for the President to campaign because basically it is not the norm in the laws and regulations that has been violated. Therefore, this research aims to examine the President's authority to campaign in Law Number 7 of 2017 concerning General Elections. This research is a qualitative research with a normative approach that uses legislative regulations as the main focus to elaborate and explain comprehensively the authority of the President's campaign in the General Election Law. The data used in this research is secondary data that researchers obtained from statutory regulations, scientific journals, books, credible websites, and a number of other sources that are commonly used in every research. These data were analyzed using grammatical and teleological legal interpretation methods. The result in this articel show 1. There are two different opinions, namely those who agree with the president's campaign with the argument of maintaining ELECTION neutrality, potentially causing abuse of power, and maintaining presidential ethics. But on the other hand, they think it's okay because no rules have been violated. 2. Article 281 paragraph 1 of Law Number 7 of 2017 concerning General Elections regulates the President's ability to campaign as long as he does not use state facilities and takes leave. However, this article was interpreted differently by Bivitri Susanti because it relates to the President who will nominate again and the President must be registered in the campaign team. Apart from that, Zainal Arifin Mukhtar also has the same opinion that the President's campaign could cause legal complications and could potentially lead to the practice of nepotism. 3. The researcher does not agree with the two constitutional experts because there is an inconsistency in Bivitri Susanti's argument that initially the president was not allowed to campaign by interpreting market 281 paragraph 1 as relating to the incumbent President, but in the next sentence it seems to allow it by requiring the President to be included in the campaign team. Regarding Zainal Arifin Mukhtar's opinion, researchers consider that campaigning and nepotism are two very different things. Can campaigning is something that has not happened and is stated in the laws and regulations, whereas nepotism is something that has already happened and needs to be proven first and it does not necessarily mean that the President campaigning is nepotism. The researcher adheres firmly to the principles of Nullum Delictum, Nulla poena sine praevia lege poenali" and the fiqh rule "Al-Ashlu Fil Muamalah Ibahah Hatta Yadulla Daliil 'Ala Tahrimiha". The researcher believes that article 281 paragraph 1 has provided a comprehensive explanation regarding these abilities and the limits of the President. if you want to campaign.

Partisipasi Masyarakat dalam Pembentukan Undang-Undang Daerah Otonomi Baru Papua Perspektif Siyasah Dusturiyah

Muhammad Yahya — 2024-04-25

The goal of this research is to know whether community participation participates in the establishment of the Papua Autonomy Regional Lawship and the establishment of the new Papuan autonomy law in accordance with the legislation process and the principles of formation of law in Islam, in which this research uses the library research (library research) with the normative juridical approach. The results of this study are that the establishment of the new autonomy of Papua has not yet met the participation of Papuans to engage in the formulation and preparation of the Papua DOBE LOVE, and that the formation of the Papua's DOBE Law in the sight of Siyasah Dusturiyah does not meet the principles of deliberations, freedom of expressing opinion and Jalb al-Masalih wa dar al-mafasid (take goodness and reject the ugliness).

Strategi Organisasi Al Jam’iyatul Washliyah dalam Syiar Dakwah Melalui Media Sosial di Kota Medan

Muhaammad Andi Harahap — 2024-04-25

The development of da'wah broadcasting in Indonesia is marked by the rise of social media users in various cities, such as social media belonging to the Al Jam'iyatul Washliyah Organization which is one of the strategies for spreading da'wah with the aim of practicing Islamic teachings for the sake of happiness in this world and the hereafter. The Al Jam'iyatul Washliyah organization, better known as Al Washliyah, is an Islamic organization that successfully carries out its missionary activities through mosques, education and also social media. In this research, the researcher raised a special topic regarding the concept of spreading da'wah through social media YouTube, Facebook, Instagram. A qualitative research method was chosen for this research with a descriptive case study approach. Primary data collection techniques were carried out using interviews and direct observation, while secondary data was obtained through literature studies carried out on various reading sources that were relevant to the research topic. The research results show that social media carried out by the Al Jam'iyatul Washliyah organization among the public can make it easier for the younger generation to access information about Islamic da'wah and can also change attitudes to always listen to Islamic da'wah.

Analisis Yuridis Penyelesaian Tindak Pidana Pencurian Arus Listrik di PT Perusahaan Listrik Negara: Persero Unit Layanan Pelanggan Tanjungbalai

Silmi Kaffah — 2024-04-25

The increasing human need for electricity has led to an increase in various modes of electricity theft. The aim of this research was to determine the resolution of the crime of electric current theft at PT PLN Tanjungbalai city. The research method used is a normative juridical legal research method (normative law research), namely a legal research method by examining the implementation or implementation of positive legal provisions (legislation) and factual contracts in every legal event and achievement of goals in society. The data collection technique uses literature review as secondary data by discussing Law Number 30 of 2009 concerning Electricity and interviews as primary data to determine the resolution and prevention of acts of electricity theft in the city of Tanjungbalai. The steps taken by PT. PLN Tanjungbalai City in resolving the criminal act of electricity theft are based on the provisions stated in PT. PLN Directors Regulation Number 0028 to provide a deterrent effect and fear to the individuals who carry out the theft. PT. PLN Tanjungbalai city also carries out prevention by providing outreach about electricity to the community as an effort to increase understanding and awareness of sanctions for committing violations.

Aspek Gender Equality (Keadilan Gender) Bagi Korban dalam Undang – Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual

Zainur Ratna Savitri — 2024-04-25

Victims of sexual harashment are often associated with vulnerable groups, namely women, children, people with disabilities and elderly people, even though groups that are not vulnerable are men who have relatively stronger physical strength than women, have better self-defense abilities, turns out to also be a victim, it means that anyone can become a victim of sexual violence. However, it turns out that there is no certainty and legal protection for all forms of gender justice for victims of sexual violence. Therefore, it is important to have and at the same time strive for legal protection in abstracto in a regulation that specifically accommodates gender justice for victims of sexual violence. Has the enactment of Law Number 12 of 2022 concerning Crimes of Sexual Violence accommodated aspects of gender justice in providing legal protection for victims of sexual violence and how is the punishment in Law Number 12 of 2022 concerning Crimes of Sexual Violence to realize gender justice for victims of sexual violence, considering Imposing criminal sanctions on perpetrators is a form of legal protection in concreto for victims, so that they have the same access to justice as humans without any gender bias in the implementation of law enforcement.

Implementasi Hak Restitusi Korban Tindak Pidana Kekerasan Seksual

Muhammad Rifky Darmawan — 2024-04-25

Sexual violence in Indonesia is increasingly prevalent, both against men and women. Victims of sexual violence have the right to restitution that must be fulfilled by law enforcement officials. However, the implementation is still not optimal if you look at the decision 80/Pid.Sus/2023/PN Kik. Therefore, this research examines the fulfillment of restitution rights for victims of sexual violence from the perspective of legal protection theory. This research uses legal research methods using statutory, conceptual, and case approaches. Decision Number 80/Pid.Sus/2023/PN Kik still does not implement the fulfillment of restitution for victims of sexual violence, which should be the obligation of the judge to determine the amount of restitution that will later be given. This is not in line with the theory of legal protection put forward by Satjipto Rahardjo and Philpus M. Hadjon. The lack of awareness of law enforcement officials to fulfill victims of sexual violence requires the protection of witnesses and victims with the Witness and Victim Companion Program.

Analisis Pembuktian Pidana Asal dalam Kasus Tindak Pidana Pencucian Uang yang Diatur dalam Undang-Undang: Tinjauan Terhadap Prinsip Hukum dan Implementasi dalam Praktik Hukum di Indonesia

Firman Anugerah — 2024-04-25

Money laundering is a serious threat to the financial stability and integrity of financial institutions in Indonesia. Proving the origin of criminal proceeds in money laundering cases is a primary focus in law enforcement efforts to combat this illegal activity. This paper provides a review of the legal principles underlying the proof of criminal origin in money laundering cases and discusses their implementation in legal practice in Indonesia.Through literature analysis and case studies, the author highlights the complexity of proving criminal origin in the context of money laundering cases. Challenges include difficulty in tracing complex financial transactions, limitations in adequate legal regulations, and the need for international cooperation for effective exchange of information and evidence. Additionally, the paper emphasizes the importance of meticulous financial analysis as a key instrument in proving the origin of laundered funds. In the context of legal practice implementation in Indonesia, this paper examines the efforts of the government and law enforcement agencies in handling money laundering cases. Despite steps taken to enhance law enforcement effectiveness, there are still challenges to be addressed, such as lack of coordination between agencies, protection of witnesses and informants, and the expertise required for complex financial analysis. Considering the relevant legal principles and challenges faced in legal practice in Indonesia, this paper concludes the need for greater efforts to enhance the capacity of law enforcement agencies, improve international cooperation, and strengthen regulatory frameworks to ensure the effectiveness of proving the criminal origin in money laundering cases in Indonesia.

Efektivitas Undang-Undang Perampasan Aset pada Pelaku Tindak Pidana Pencucian Uang Berdasarkan Hukum Pidana

Sayib Fauzi Adiansyah — 2024-04-25

Money laundering is an action to eliminate the source of money resulting from criminal acts which is later found to have been generated legally. Money laundering is a crime that is difficult to crack. Therefore, the application of legal sanctions against perpetrators must be balanced with criminal sanctions and confiscation of assets against perpetrators. This research uses a normative research type with a legal and conceptual approach. The crime of money laundering is a crime that needs attention because it is often associated with losses to the state and society, therefore legal action is needed to deter the perpetrators, but the obstacle that occurs is the punishment in Article 2 of the Assets Bill which only applies confiscation of assets resulting from crime without any punishment of criminals. This is not in accordance with the function of law. So the results and conclusions can be drawn that not implementing punishment against the perpetrator will most likely not have a deterrent effect, therefore it should be important to implement punishment and confiscation of assets because both must be implemented simultaneously as a form of firm state action to provide a deterrent effect.

Adat Teka Ra Ne’e dalam Kajian Hukum Islam di Desa Tanah Putih Kecamatan Sape Kabupaten Bima

Nadirah Nadirah — 2024-04-25

The Teka Ra Ne’e tradition is a custom carried out by the community when going to school carry out the marriage process. The aim of the Teka Ra Ne'e tradition is to lighten burden on the owner. The aim of this research is to find out the Teka Ra Ne'e traditional procession in the Tanah Putih Village community and to identify how the law views it Islam towards the Teka Ra Ne'e custom in traditional marriages in the Tanah Putih Village community Sape District, Bima Regency. The research method used is research qualitative with a descriptive approach, the collection used is observation, interviews, and documentation. The research subjects were community leaders, traditional leaders and the government Village. Data analysis using interactive models. The results of this research can be concluded that implementation of Teka Ra Ne'e in the Bima traditional wedding procession, especially in Tanah Putih Village Sape District, Bima Regency, namely: (1) Deliberation between families and community leaders, (2) Kaboro haju ka'a, (3) Ti'a haju ka'a, (4) Ndua invitation (dividing invitations), (5) Choosing Ina pangaha, (6) Ndawi Pangaha, (7) Ka eli swamp mbojo, (8) Teka Ra Ne'e, (9) Rice Shedding. Teka Ra Ne'e does not conflict with Islamic law, because it has more benefits rather than the disadvantages such as teaching cooperation (mutual cooperation), friendship, relationship close ties of brotherhood, as well as lightening the burden between people who have a celebration

Manajemen Pimpinan dalam Menanggulangi Tindakan Bullying di Pondok Pesantren Minhajus Sunnah Pulo Bargot Labura

Azlisa Azlisa — 2024-04-25

Leadership management in overcoming actions that damage the good image of Islamic boarding schools and seeing the rise in cases of bullying in the world of education today and especially in the Islamic boarding school environment. The method used in this research is a qualitative method with a field research approach using observational data collection techniques from leaders regarding the countermeasures carried out at the Minhajus Sunnah Pulo Bargot Islamic Boarding School, followed by interviews with the head of the Islamic boarding school and related staff and documentation through references and literature. related to research. This research is guided by the theory of George R. Terry, namely POAC as a research analysis tool. The results of this research show that a leader is essentially one who is able to influence other people with criteria, appearance and with his power, the results of the discussion regarding leadership planning regarding the cultivation of morals and etiquette in muhadhoroh activities, selecting quality teachers and providing martial arts extracurriculars, and in organizing, placing staff according to the skills they are pursuing and actuating regarding the leadership continuing to strive to maintain defense from planning and organizing that has been determined and finally controlling the results that have been carried out.

The Right To Inquiry: Its Influence on The Results of The 2024 General Election

Muhtar Muhtar — 2024-04-28

Based on the explanation above, it can be concluded that this research aims to analyze the function of the People's Representative Council's right to inquiry in influencing the results of the 2024 general election. In line with the characteristics and color of sentences that researchers use in this article, this research is qualitative research with a normative/normative approach. approach to regulations and laws relating to the era of the right to inquiry, the history of the right to inquiry, the scope of the right to inquiry, the object of the right to inquiry, and the influence of the right to inquiry on the results of the 2024 Presidential and Vice Presidential general elections. In line with qualitative research with other descriptive approaches, research This uses secondary data in the form of statutory regulations relating to the right to inquiry, legal books, scientific articles, and various other secondary legal sources which are usually used as references in qualitative research with a normative approach. These data were analyzed using the method of grammatical legal interpretation, namely interpreting word for word in statutory regulations, legal doctrine and scientific articles. As well as a systematic legal interpretation method in accordance with the hierarchy of laws and regulations.

Penegakan Hukum dan Sanksi Serta Kendala pada Peraturan Daerah Kota Semarang Nomor 3 Tahun 2013 Tentang Kawasan Tanpa Rokok

Tiara Cantika Puja Ramadani — 2024-04-30

Smoking is the act of inhaling tobacco smoke, which has serious impacts on health and society. Even though reduction efforts have been made, Indonesia has a high smoking prevalence rate. No-Smoking Areas are regulated by Law Number 3 of 2013. Challenges in enforcing the rules arise in public places, with a lack of awareness and supervision. This research highlights the obstacles and effectiveness of law enforcement by Satpol PP in Semarang City regarding Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. This research uses qualitative methods to explain the interactions between researchers and respondents. Research parameters include analysis and description. The data source is secondary data from primary and secondary legal materials. Data collection methods involve interviews, observation, literature study, and documentation. Data is presented in narrative form, and data analysis uses a qualitative normative approach. The research focuses on enforcing no-smoking area rules in the city of Semarang. Semarang, capital of Central Java, Indonesia. The research highlights the enforcement of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas. Routine Satpol PP outreach in schools, public places, offices and tourist attractions increases public awareness. Sanctions include warnings, statements that you will not smoke, and sanctions for minor crimes. The main obstacles involve societal ignorance and a lack of human resources. However, increased awareness since 2017 shows positive progress. This research concludes that the implementation of Semarang City Regional Regulation Number 3 of 2013 concerning No-Smoking Areas has succeeded in increasing public awareness through routine Satpol PP outreach. Sanctions are applied systematically and progressively, in accordance with regulations, with the potential to reduce tobacco consumption. The main obstacle involves community ignorance, requiring cooperation from the government, Satpol PP, Non-Governmental Organizations, and communities to increase understanding and compliance. Suggestions involve stronger synergies, comprehensive implementation methods, and active cooperation to achieve efficient and sustainable smoke-free areas in Semarang City.

The Position of Online Petitions in The Indonesian Legal Order

Shohib Muslim — 2024-05-05

This research is a qualitative research with a descriptive approach, namely describing the position of Online Petitions in the legal order in Indonesia and also describing its position in the legal order in European countries. The data used in this research is secondary data that researchers obtained from scientific articles, books, statutory regulations, magazines and credible websites that are commonly used and become references in each research. The data used was analyzed using descriptive and comparative legal analysis techniques, namely first describing the position of online petitions in Indonesian legal matters and then comparing them with various European countries. The result in this research show that that the regulation of online petitions in Indonesia is not very detailed and roams freely. This means that online petitions that have been filled in in large numbers exceeding the threshold in countries such as the UK and the United States which must be answered by the government, do not have to be answered in Indonesia. Online petitions are a form of product of freedom of expression from democracy. On the one hand, researchers believe that more specific arrangements for handling online petitions such as the United States and England also need to be implemented in Indonesia. However, on the other hand, this is not really necessary due to the responsive nature of the Indonesian government in answering the big questions on the minds of the public. Apart from that, these big questions are more often discussed through various talk shows, whether via digital television, print media, Instagram, YouTube and other platforms. For these various reasons, researchers believe that further regulation regarding online petitions is not really necessary in Indonesia. In fact, researchers are of the opinion that making a case go viral on social media without packaging it in the form of a petition is more effective than organizing the online petition itself.

Ganti Rugi Terhadap Masyarakat Atas Kebakaran yang Disebabkan oleh Pencurian Energi Listrik Persfektif Wahbah Al-Zuhaili: Studi Kasus Desa Blangkejeren, Kecamatan Blangkejeren, Kabupaten Gayo Lues

Firmansyah Firmansyah — 2024-05-06

It cannot be denied that electricity has become a necessity in people's lives, almost all of people's daily life activities are inseparable from the use of electricity. The existence of these electricity facilities is often not balanced with the development of the community's economic capacity. As a result, people often have difficulty meeting their daily needs with various supporting facilities that require electrical energy sources. This is one of the reasons why people try to obtain electrical energy supplies illegally, namely by stealing electrical energy. Of course, this is not only detrimental to PT. PLN is the electricity supplier, but it also has a detrimental impact on society. Because the theft of electrical energy is carried out with minimal understanding and equipment, of course it does not meet the standards of the General Electrical Installation Regulations (PUIL) that apply in our country, so this has a low level of security and can cause various consequences, including causing the voltage to fluctuate resulting in damage to the equipment. -household electronic equipment, and can even cause fires which cause harm to many parties, both material and immaterial losses, as experienced by the people of Blangkejeren Village. The aim of this research is to find out how fire incidents caused losses due to theft of electrical energy in Bangkejeren Village, and to find out how compensation for fires caused by theft of electrical energy in Blangkejeren Village was resolved, as well as how to resolve compensation for fires caused by Electrical energy theft in Blangkejeren Village seen from Wahabah al-Zuhaili's opinion. This research uses field research. This research is descriptive qualitative in nature. Data collection was carried out by means of interviews, observations and existing literature. The results of the research found that the Blangkejeren community prioritizes the elements of deliberation and peace through customary justice in resolving the issue of compensation for fire incidents resulting from the theft of electrical energy. In accordance with the results of the research above, it can be concluded that the Blangkejeren gampong customary court is correct in upholding the values of Islamic law and traditional values and is in line with the opinion of Wahbah al-Zuhaili and in accordance with the peace concepts that have been put forward by Wahbah al-Zuhaili.

Establishment Of The Asset Confiscation Law To Minimize Corruption In Indonesia

Hudjolly Hudjolly — 2024-05-07

This research is qualitative research with a descriptive approach, namely describing a number of things that are closely related to confiscation of assets in criminal law, criminal acts of corruption, and other things. The data used in this research is secondary data in the form of the Criminal Code, Civil Code, statutory regulations, the official website of the House of Representatives, other credible websites, and so on. The researchers analyzed the data using grammatical and systematic legal analysis techniques, namely interpreting every word in the legislation and connecting it with other secondary data or other related legislation. The result in this article show there are three major urgencies for the presence of the Law on Asset Confiscation in Indonesia, namely to provide instruments that are stricter than the current regulations because in the Criminal Code, asset confiscation is only an additional crime and not the main crime, providing a deterrent effect for corruptors and potential corruptors, and of course minimizing corruption cases in Indonesia. Under existing legal structures, state losses resulting from criminal acts of corruption cannot be recovered. Recovering state losses takes years and may not even be returned at all. What is meant to provide a deterrent effect in this research is to impoverish corruptors, change the nomenclature of words whose nature is emphasized from facultative to imperative, and change its status not only to become an additional crime, but also to become a principal crime. On this basis, researchers are of the opinion that the presence of asset confiscation laws in Indonesia can be effective in minimizing the occurrence of corruption in Indonesia.

The Role of Financial Digitalization in Eradicating Corruption in Indonesia

Rabith Madah Khulaili Harsya — 2024-05-11

Technological advances provide a number of benefits in various sectors, one of which is the financial sector. Technological advances in the financial sector or commonly known as financial digitalization have made data bookkeeping more effective, easily accessible, transparent, and made it easier for employees to carry out financial reports. Based on this, this research aims to analyze the role of financial digitalization in preventing corruption in Indonesia. This research is qualitative research with a descriptive approach, namely describing the meaning of technology, technological developments, the benefits of technology, its relationship with finance, and the benefits of digitalization of technology in preventing corruption in Indonesia. The data used by researchers in this article is secondary data, namely in the form of legislation, scientific articles, books, websites and other things that are usually used in every research. The researchers analyzed these data using the stages of data collection analysis, data reduction, data analysis, and drawing Conclusion. The result in this research show that the presence of financial digitalization at least has benefits in preventing corruption because of its transparency. With the digitalization of financial tenders, financial reporting, and other things that are transparent and do not endanger privacy, they can be accessed easily by all stake holders, supervisors, partner companies, internal company parties, and so on to find out the tender winner, continuity of the tender, until completion of the tender. Apart from that, if suspicious potential for corruption is found, it can be tracked easily. Because of this, anyone who has the intention to commit corruption will be discouraged.

Masa Enam Bulan Berpisah Tempat Tinggal Sebagai Syarat Formil Pengajuan Perceraian dengan Alasan Pertengkaran: Studi Putusan Mahkamah Agung No 421 K/Ag/2023)

Hanafi Ilba — 2024-05-18

From a jurisprudence perspective, there is no requirement for a long period of separation between husband and wife to carry out a divorce for reasons of quarrels and disputes. This research aims to analyze the six month period of separation of residence between husband and wife as a formal requirement in filing for divorce on the grounds of quarrels and disputes as stated in the consideration of Supreme Court Decision No. 421 K/AG/2023. What is the real reason and aim of the judge in requiring the 6 month period, so that the Supreme Court's decision has canceled the decision of PA Tegal No. 312/Pdt.G/2022/PA.Tg and PTA Semarang decision no. 334/Pdt.G/2022/PTA. SMg. This research is normative legal research, using secondary data sourced from primary legal materials and secondary legal materials. Primary legal material was obtained from the Supreme Court Decision, PTA Semarang and PA Tegal Decisions, while secondary legal material was obtained from fiqh books and Supreme Court Circulars. The results of the research show that the judge's reasons for requiring a six-month period of separation between husband and wife as a formal condition for filing a divorce due to arguments are based on the new provisions contained in SEMA No. 1 of 2022 which confirms that divorce cases are based on ongoing disputes and quarrels. can be granted if it is proven that the husband/wife has had continuous disputes and quarrels or separated residences for at least 6 (six) months. This judge's decision is considered aimed at increasing family resilience and making it more difficult for divorce to occur in society, which is part of the principles of marriage.

Unlawful Actions of a Notary in Making a Deed of Change in the Management of the Putra Jaya Limited Liability Company (CV).

Anggi Agustriani Putri — 2024-05-25

Notaries in carrying out their duties are based on statutory regulations which are often called the Notary Position Law (UUJN) Number 2 of 2014 Jo. Law Number 30 of 2004, in fact, notaries are often found who violate the Notary Position Law, such as in the case of decision Number 2604 K/Pdt/2019, Notary Herminda Br. Ginting, S.H became the defendant because he made an authentic deed of changes in the management of a limited liability company (CV) without the complete presence of an observer. The formulation of the research problem is what is the unlawful act of a notary in making an authentic deed without the presence of a complete observer?, using normative juridical research methods , it can be concluded that notary Herminda Br.Ginting committed an unlawful act because in making a deed of change in the management of a limited liability company (CV) putra jaya he violated article 16 paragraph 1 letter (m) and article 44 of the Law on Notary Positions which resulted in the deed being made being legally flawed and becoming invalid. for the sake of law and causing losses to other people in accordance with article 1365 of the Civil Code "any unlawful act that brings loss to another person, requires the person who wrongly issued the loss, to compensate for the loss", the notary should be careful in writing an authentic deed because the deed The authentication made by the notary has perfect law-making power.

Poligami dalam Negara-Negara Islam

Bian Ambarayadi — 2024-05-28

Polygamy is a problem faced by contemporary society that is considered discrimination against women. Since the beginning of the 20th century, there has been a phenomenon of family law reform in several countries where the majority of the population is Muslim. These countries have reformed Islamic law in family law, triggered by various factors, including political, socio-cultural, economic, and others. This renewal of Islamic law is a new interpretation, where some countries collaborate between Western legal rules and Islamic law. This research aims to study polygamy regulations in nine countries, namely Indonesia, Malaysia, Pakistan, Egypt, Morocco, Jordan, Syria, Turkey, and Tunisia. The method used in this research is a comparative approach to examine the rules of polygamy in the nine countries that are comparing regulations to see the differences and similarities in the rules of polygamy in each country so it can be described according to the group. The results of the discussion show that polygamy in Ulama's view is permissible, and polygamy in 9 Islamic countries can grouped into two, namely, countries that allow polygamy and countries that prohibit polygamy.

Sistem Pembagian Waris Patrilinealpada Masyarakat Adat Lampung dalam Perspektif Maslahah

Amar Ma'ruf — 2024-05-28

This article is the result of research on the various customs of the Lampung people, where Indonesia is a pluralistic society that adheres to various ethnic groups, religions and beliefs, and comes from diverse indigenous peoples. These differences are shown in human daily activities in their social interactions in society. , from the human being is born until he dies. Customary law is born from a behavior that is continuously carried out in which there is a certain pattern that its existence is maintained so that it becomes a habit and is recognized by the community groups in it as a tradition called adat. Likewise, the Lampung Community, which is also one of the indigenous peoples in Indonesia, which is plural in nature with a variety of language dialects, customs, and diverse lifestyles. This diversity then gave birth to a diverse culture as well. More specifically, this article discusses how the distribution of patrilineal inheritance in the Lampung Indigenous community when viewed from the perspective of Maslahah. If the distribution of traditional inheritance in Lampung is applied standardly, then the inheritance rights completely fall to the eldest son by overriding the rights of the daughter to get her inheritance rights. Meanwhile, Islam highly upholds women's rights, including in terms of inheritance distribution. To answer the problems that arise related to this, this study uses a qualitative descriptive method. then this is not in accordance with the principle of benefit, so that it does not reflect a balanced sense of justice as the Word of Allah SWT which is explained in the Qur'an about several provisions of inheritance law for the benefit of mankind, both men and women.

Kepastian Hukum dalam pasal 59 pada Peraturan Pemerintah Nomor 35 Tahun 2021 tentang Ketentuan Pesangon bagi Pekerja UMKM Perspektif Fiqh Siyasah

Safwan Alwi Harahap — 2024-05-31

This research discusses legal certainty in providing severance pay to MSME workers, in article 59 of government regulation Number 35 of 2021 states that the amount of severance pay given by MSME entrepreneurs is based on an agreement between the employer and employee, this makes the transaction appear to have no legal certainty. . This research uses a normative legal research method with a literature study approach that involves analysis of sources of Islamic law such as the Koran, Hadith and the opinions of leading scholars. The results of this research found provisions in Article 59 in government regulation Number 35 of 2021 which states that the amount of severance pay given by MSME entrepreneurs is based on an agreement between the employer and employee. However, it does not explain in detail the severance pay recommendations. This creates legal uncertainty and opens up opportunities for severance pay to be determined unilaterally by the employer. This also contradicts one of the principles of siyasa fiqh, namely the principle of justice.

The Role of Amicus Curiae in Influencing The Confidence of Judges in The Supreme Court and Constitutional Court

Benni Mangiring Ompusunggu — 2024-05-31

ABSTRACT

Recently, the topic of Amicu Curiae has become a hot topic of discussion among the legal observer community. On the one hand, the Amicus Curiae is of the opinion that it can significantly influence the judge's confidence, but on the other hand, it is of the opinion that the Amicus Curiae cannot influence it because there are other factors that influence it, namely the facts of the trial. This research is qualitative research with a descriptive approach, namely describing Amicus Curiae, its history, meaning, and its role in influencing judges' beliefs. The data used in this research is secondary data that researchers obtained from statutory regulations, books, scientific articles, and other things that are usually used in qualitative research. These data were analyzed using the stages of data collection, data selection, data reduction, data analysis, and drawing conclusions. The result in this article show that the position of Amicus Curiae is only limited to opinions from scientific articles and opinions scattered on social media. The difference is that this specification is addressed to the Constitutional Court judges before making a decision. However, specifically personally, this could influence the judge's psychology to remind him of things that happened in the trial and carefully pay attention to the two different perspectives. Amicus Curiae also consists of various types of varied sentences. If it is related to the decision of the Constitutional Court in resolving disputes over the results of the 2024 Presidential and Vice Presidential General Election, there are things that are different compared to the decision on resolving disputes over the results of the previous year's Presidential and Vice Presidential General Election, where there are 3 judges who took dissenting opinion decisions compared to five other judges. . It is possible that this difference is caused by one of the factors due to the existence of the 24 Amicus Curiae.

Perbandingan Pengaturan Hak Cipta Karya Potret Ditinjau dari Hukum Indonesia dan Jepang

Anissa Maya Hapsari — 2024-06-06

The increasing ease of interaction, which is becoming more intensive, extensive, and unrestricted, is a result of technological advancements. This is accompanied by the advancement of human thinking, which can create new innovations. These innovations are subsequently embodied in works, one of which is portrait works. The works that result from such innovations are protected as Copyrights in the form of Portrait Rights. The background for selecting Japan as the country for comparison is based on data from the Intellectual Property Index, where Japan scores higher in terms of copyright protection compared to Indonesia, with scores of 8.1 and 3.9, respectively. This study aims to understand the comparison of copyright regulations related to portrait rights and the efforts that can be made through this comparison to achieve legal certainty. This research is normative legal research that uses a statute approach and a comparative approach. The results of this study show similarities regarding the international agreement ratified by both countries and differences in the types of rights in their copyright regulations. Furthermore, effort to achieve legal certainty related to the theory of progressive law include continually updating regulations to align with societal development, as the law has a dynamic nature

Kewenangan Komisi Pemberantasan Korupsi dalam Fungsi Preventif Melalui Pendidikan Anti Korupsi

Ilham Syahputra Angkat — 2024-06-06

Indonesia is a state of law and has a variety of legal mechanisms for resolving various existing issues. Although it is not easy as a rule of law to prevent the occurrence of criminal acts of corruption, committed by certain people for their own benefit and as a means of enriching themselves, these acts are severely detrimental to the state and even the interests of the masses. As a developing country, corruption cases in Indonesia continue to occur, causing losses and hampering economic growth and development as well as the development of the country's infrastructure. All natural resources in Indonesia are utilized as well as possible for the prosperity of the Indonesian people as a manifestation of the practice of noble values in the nation and state. Therefore, eradicating corruption needs to be carried out to prevent the recurrence of criminal acts of corruption. In Indonesia, the Corruption Eradication Commission exists as a state instrument with the duty and authority to take action to prevent, eradicate, and handle the occurrence of criminal acts of corruption. One of the tasks of the Corruption Eradication Commission itself is to carry out a preventive function, namely carrying out preventive actions to avoid the occurrence of criminal acts of corruption in Indonesia. Therefore, one way for the Corruption Eradication Committee to take preventive action is to carry out anti-corruption education programs in society, especially for young people at school and at universities in Indonesia. With this, it is hoped that the Corruption Eradication Commission can make a real contribution to efforts to prevent acts of corruption in Indonesia.

Rejection of Application for Registration of Trademark Payfazz Agen Keuangan Nusantara Based on Law Number 20 Year 2016: Penolakan Permohonan Pendaftaran Merek Dagang Payfazz Agen Keuangan Nusantara Berdasarkan Undang-Undang Nomor 20 Tahun 2016

Herdi Agriansyah — 2024-06-06

The principle of trademark registration in Indonesia is first to file, i.e. who first registers his trademark is considered as the owner or holder of rights to the trademark. Trademark registration should not be based on bad faith, because in Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the application for trademark registration must be rejected. The purpose of this study is to determine the refusal of the application for registration of the Payfazz Agen Keuangan Nusantara trademark based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Decision Number 25/Pdt.Sus-Merek/2020/Pn.Niaga.Jkt.Pst and to determine the legal consequences of the refusal of the application for registration of the Payfazz Agen Keuangan Nusantara trademark based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Decision Number 25/Pdt.Sus-Merek/2020/Pn.Niaga.Jkt.Pst. This research uses a normative juridical approach method with analytical descriptive research specifications. The data collection method is done by literature study, the data obtained is presented with narrative text, and the data analysis method used is qualitative normative method. The results of the research can be concluded that the refusal of the application for registration of the mark “PAYFAZZ AGENT FINANCIAL OBLIGATIONS NUSANTARA‘’ which was rejected by the Defendant was appropriate in accordance with the provisions of Article 21 paragraph (1) letter b of Law Number 20 of 2016 concerning Trademarks and Geographical Indications and the legal consequences of the refusal of registration of the mark ‘PAYFAZZ AGENT FINANCIAL OBLIGATIONS NUSANTARA’' is that the Plaintiff has lost the right, interests, and benefits under the law arising from the Trademark ''PAYFAZZ OBLIGATORY FINANCIAL AGENT NUSANTARA'', and has suffered immaterial losses because the problems with the registration of the Trademark ''PAYFAZZ OBLIGATORY FINANCIAL AGENT NUSANTARA'' took up a lot of time, costs, energy, and thoughts of the Plaintiff, because the Defendant erred in applying the applicable law.

Pemboikotan Produk Pendukung Israel Berdasarkan Fatwa MUI Nomor 83 Tahun 2023 Ditinjau dari Maslahah

Amirul Nahwi Padang — 2024-06-06

This research aims to examine the boycott of products affiliated with Israel based on MUI Fatwa No. 83 of 2023 concerning the Law on Support for the Palestinian Struggle viewed from the issue of murlahah. This type of research is normative research with a conceptual approach. This research is descriptive in nature, then data is collected through document study, and data is processed using qualitative methods. The results of this research show that the boycott of Israeli products in MUI Fatwa No. 83 of 2023 in Maslahah Murlah's view is valid, this is because the boycott of Israeli products occupies the position of Maslahah Darury. By not buying Israeli products, we indirectly mean we are helping our brothers and sisters in Palestine.

Tingkat Pemahaman Siswa Terhadap Bullying pada Siswa Kelas X SMA Negeri 96 Jakarta

Kezia Dhiya Fitronella — 2024-06-07

This study aims to measure students' understanding of bullying among 10th-grade students at SMA Negeri 96 Jakarta. Bullying is a serious issue that can affect students' mental and physical health, making a good understanding of bullying crucial for its prevention and resolution. The research method used is a descriptive survey with a questionnaire as the data collection instrument. The questionnaire covers various aspects of bullying, including its definition, types of bullying, negative impacts, and prevention and handling strategies. The sample in this study consists of 52 10th-grade students. The results show that most students have a fairly good understanding of the definition and types of bullying. Although the students' basic understanding of bullying is quite good, further efforts are needed in education and raising awareness about the impacts and handling of bullying. The recommendation of this study is to implement comprehensive anti-bullying education programs in schools to create a safe and supportive learning environment for all students.

Relevansi Nusyuz dengan Isu Kontemporer Marital Rape dalam Bingkai Cedaw

Anita Bagaskara Ningrum Diprabawati — 2024-06-09

The study explores the International Convention (CEDAW) as a legal framework for addressing injustice in the protection of marital rape cases. How to involve the interpretation of CEDAW and the analysis of the handling of marital rape in various jurisdictions, to the extent to which it is appropriate or contrary to CEDAW principles. Literature studies with normative approaches are used as research methods, with data analysis using analytical descriptive approaches. This study found that although CEDAW is a key instrument in women’s rights, its implementation varies. Marital rape is not in line with CEDAW principles, there are several influencing factors. that the need for serious treatment of marital rape to achieve CEDAW goals. Although there have been legal efforts such as the Domestic Violence Elimination Act (PKDRT), more attention is needed to the Sexual Violence Elimination Bill (PKS). In criminal law, it is necessary to exploit rape in the household. The research contributes to an understanding of the challenges and efforts to improve the protection of women from marital rape in various jurisdictions.

Application of The Primum Remedium Principle in Corruption Crime Cases

Esa Arung Syuhada — 2024-06-11

This research believes that the application of the Primum Remidium principle in Corruption Crimes in Indonesia can achieve its goal, namely eradicating corruption more easily. The researcher's beliefs will be accompanied by scientific arguments and using a systematic research methodology. This research is qualitative research with a descriptive approach, namely describing the urgency of implementing the Primum Remidium principle in criminal acts of corruption in Indonesia. The data that researchers use in this article is primary data obtained from credible sources in the form of scientific articles, books, websites, and other things. These data were analyzed using the stages of data collection, data analysis, data reduction, and drawing conclusions. The reult in this article show The application of the Primum Remidium principle in criminal acts of corruption must be applied to 8 types of criminal acts of corruption which include state finances, bribery, embezzlement, extortion, fraudulent acts, conflicts of interest, and gratification. In these 8 types of corruption, there should no longer be any such thing as mediation, the principle of presumption of innocence, mediation, and so on which are forms of the ultimum remidium principle. If the investigator has met the qualifications for evidence, then the potential corruptors should be processed immediately without compromising the quality of the evidence

Tantangan Hukum dan Perlindungan Hak Anak: Analisis Perkawinan Anak di Bawah Umur

Budi Setiawan — 2024-06-11

Child marriage is a serious problem that requires serious attention from various parties, including the government, non-governmental organizations, civil society and families. This research method uses a qualitative method with an interdisciplinary approach. This research aims to analyze the factors that cause child marriage and the challenges in protecting and upholding children's human rights as an integrated part of human rights, through social, cultural and economic perspectives that are interconnected with the applicable legal framework. The research results show that child marriage is still widespread due to various social, cultural and economic factors. Even though there are regulations that set a minimum age limit for marriage, this practice still continues, and has a negative impact on children's development, especially in terms of education and health. Educating the public about the negative consequences of child marriage, strengthening legal regulations that prohibit this practice, as well as supporting reproductive health services, education and social assistance for children and their families are important in prevention. Synergy between institutions such as the government, police, child protection agencies and non-governmental organizations is also needed to strengthen law enforcement.

Analisa Hukum Perihal Murtad Sebagai Alasan Putusnya Perkawinan

Tiara Putri Rahmawati — 2024-06-13

The problem of regarding the breakup of marriages that is motivated by the apostasy of one of the couples still occurs. The regulations regarding apostates are not clearly regulated, only in KHI regulation regarding apostates as a reason for the breakdown of marriage is regulated by a condition if there is a lack of harmony in the family due to apostates. So this gives an understanding that when apostasy does not impact anything on domestic life, marriage can still be continued even though between husband and wife already have different beliefs. Legal uncertainty arises when the marriage of two people besides Islam, one of which is to change religion, is different from Muslims in Indonesia who have KHI in their guidelines regarding apostates. This type of research is a normative juridical legal research, namely by literature study, finding legal material which is then collected to get an analysis by interpreting the contents of the legislation into the existing problems. Murtad is something that does not meet the requirements of marriage in Islam, if in domestic life one of the husband or wife of apostate or out of Islam, the requirements of the marriage become damaged or fasakh automatically or null and void Both were punished by adultery. The legal consequences of the apostasy case are regulated in the compilation of Islamic law in the chapter of marriage cancellation, namely Article 75 letter a and in the reasons of divorce Article 116 letter h regarding the apostasy of someone during the marriage period is not mentioned in Law Number 16 of 2019 Amendment to Law Number 1 Year 1974 Regarding apostates only mentioned in Presidential Instruction No. 1 of 1999 Compilation of Islamic Law in Articles 75 and 116 in which the two articles say that Murtad can occur marriage and marriage breakdown

Eksaminasi Putusan Klausul Non-Kompetisi Berdasarkan Teori Keadilan: Studi Putusan NO. 459/PDT/2019/PT.BDG

Muhammad Bisri Affandi — 2024-06-14

Non-Competition Clauses are created with the aim of ensuring that a company's secrets are maintained by creating an agreement between the company and employees. This clause is included in the employment agreement so that workers who agree to the agreement are not permitted to work in another company in the same field within the specified time limit starting after termination of employment, which makes this clause raise to many pros and cons. However, until now there is no Indonesian positive law that explicitly regulates the Non-Competition Clause, so as long as both parties agree, the Non-Competition Clause will apply, provided that the implementation of the Non-Competition Clause must be in accordance with the legal conditions of the agreement as regulated in Article 1320 of Burgerlijk Wetboek and comply with Article 1338 of the Burgerlijk Wetboek which states that all agreements made legally are valid as law for those who make them. This research uses a doctrinal legal methodology which will analyze Decision No.459/PDT/2019/PT.BDG and relate it to John Rawls's Theory of Justice. The conclusion of this writing is that the results of the appeal decision number 459/PDT/2019/PT.BDG are in line with John Rawls' Theory of Justice.

Efektivitas Perjanjian Buyback Guarantee bagi Para Pihak Sebagai Akibat Wanprestasi oleh Debitur

Prima Riza Aulianur — 2024-06-14

This paper aims to analyze and understand the position of the Developer towards the Bank as the provider of mortgage facilities in the implementation of buyback guarantee. Additionally, it is hoped that this paper can provide additional understanding and information for academics, especially in the field of property, and understand how the buyback arrangement applied by the Developer with the Bank. The research method used in this discussion is empirical juridical research by looking at articles that regulate the right to repurchase sold goods based on Article 1519 of the Civil Code using the Conceptual Approach and Statute Approach. The types and sources of law used include primary and secondary data by analyzing based on regulations applicable in Indonesia. The data collection techniques used are observation and interviews. The analysis technique used is qualitative analysis. From the agreements made by the parties, referring to Article 1338 of the Civil Code, the Cooperation Agreement gives birth to rights and obligations for both the Developer and the Bank, both of which have balanced positions. Additional provisions agreed upon by the Developer and the Bank are the Buyback Guarantee Agreement, which is a condition where the Developer acts as a Guarantor for the repayment of the Debtor's debt in the event of the Debtor's default in the obligation to pay installments or debts. The effectiveness of the buyback agreement can be seen from the realization data of buyback found in Developer X towards Bank A.

Tinjauan Hukum Islam Tentang Praktik Himpun Bah Pemekonan Sebelum Pelaksanaan Perkawinan dalam Adat Lampung Saibatin di Kabupaten Pesisir Barat

Indah Widiyansari — 2024-06-14

This collection of pemekonan is done 1 week before the wedding day. This research aims to analyze the practice of gathering bah pemekonan before marriage in the Lampung Saibatin tradition in Pesisir Barat Regency and to analyze the Islamic law review of gathering bah pemekonan before carrying out marriage in the Lampung Saibatin tradition in Pesisir Barat Regency. The results of the research show that the practice of gathering bah pemekonan before the implementation of the first marriage in Pesisir Barat Regency, there was an agreement/consensus after the gathering of muaghi was carried out. Second, notification to the entire community, traditional leaders, religious and government leaders door to door. Kegita, the implementation of the himpun bah pemekonan is carried out in the evening, before starting, a prayer is first made for the smooth running of the wedding event. Fourth, ask the King for permission to carry out the collection of bah pemekonan. Fifth, notification of the hajat to all people that the host will have a hajat. Sixth, consensus by traditional leaders. Seventh, bookkeeping regarding the contents of the Pemekonan bah collection. If it has been agreed by traditional leaders, then all the results of the Pemekonan bah collection are recorded in the book. Eighth, report to the King. Ninth, closing, then the collection of the pemekonan is closed by the host. Review of Islamic law, the practice of gathering bah pemekonan before marriage in the Lampung Saibatin custom in Pesisir Barat Regency is in accordance with Islamic law and is regulated in the Al-Qur'an and Hadith. In Islamic law, this is known as Sahih Urf because it fulfills the applicable rules. Himpun bah pemekonan is included in the category of maslahah al-Ammah, because it concerns the public interest/many people.

Risiko Terjadinya Tindak Pidana Pencucian Uang Melalui Pasar Modal

Talitha Rahma — 2024-06-14

Capital markets, namely activities related to the offering and trading of company assets. In transactions in the capital market, several features of financial transactions are carried out quickly, adaptively and cross-border, allowing the capital market to be used as a means and medium for laundering money from illegal funds. The capital market can be said to be a unique financial sector compared to other financial services sectors. This is because the capital market can be used to launder illegal funds obtained from a criminal act which are then used to generate legitimate profits through fraudulent activities.

Analisis Labelling Terhadap Laki-Laki Korban Kekerasan Fisik dan Verbal dalam Toxic Relationship

Kethy Ferawati — 2024-06-15

Both men and women can become victims of violence in toxic relationships, although incidents of violence against men are generally fewer compared to women. However, it is important not to overlook the fact that men can also be victims in toxic relationships. This research aims to analyze the labeling faced by men who are victims of physical and verbal violence in toxic relationships. The research question asked is how this labeling affects the victims' experiences and perceptions. The theory used in this research is labeling theory. This research involved three victims (X, Y, and Z) and one psychologist (AR) as research subjects. The research method used was in-depth interviews to gain a deep understanding of the victims' experiences and psychologists' perspectives regarding labeling in the context of toxic relationships. This research uses a qualitative method with a descriptive analysis approach technique. Research findings show that labeling men victims of physical and verbal violence often has a negative impact on their mental and emotional well-being, with stigmatization and gender stereotypes affecting how they view themselves and communicate their experiences. The implications of this research are the importance of awareness and support for men who are victims of violence in toxic relationships, as well as the need for a gender-sensitive approach in discussing the issue of violence in toxic relationships.

Strategi Penegakan Hukum dalam Penyelesaian Praktik Mafia Tanah dengan Instrumen Hukum Perdata di Indonesia

Akbar Kurnia Rahman — 2024-06-16

The aim of the research is to determine the implementation of the land mafia's framework in carrying out its mission. By knowing the steps taken or determined by the government in handling land mafia cases in accordance with civil law instruments in Indonesia. This research applies normative juridical methods to conduct legal studies which are a form of construction of established regulations and rules. The norms and rules that apply in society are defined as laws, and the laws and regulations that govern a nation contain statements about these guidelines. The results of this research show that efforts to implement law enforcement are mainly taken by the government to reduce the possibility of these problems occurring, namely by forming a Land Mafia Prevention and Eradication Task Force (STPPMT) as well as a Team for the Acceleration of Agrarian Conflict Resolution (TPPKA) as a group dedicated to eradicating the land mafia. . movement. Second, utilize internet resources and direct services to the BPN office to verify the validity of land certificates..

Tanggung Jawab Hukum atas Perbuatan Malpraktik yang Dilakukan oleh Notaris Protokol

Susilo Meddy Tunggeleng — 2024-06-17

The malpractice actions carried out by a notary in a broad sense constitute forms of denial, deviation, or arguably a lack of ability to perform their duties and responsibilities, either intentionally or negligently, which can be held accountable to the notary for fulfilling their professional obligations based on the trust given to them. This article discusses whether malpractice actions committed by a notary can be categorized as criminal acts and the legal consequences of malpractice committed by a protocol notary. This research is a normative study, also known as doctrinal research. Notarial malpractice actions can be categorized as criminal acts, namely errors and negligence, and this negligence can be divided into culpa lata and culpa levis. In cases of malpractice, it mostly falls under culpa lata, thus criminal sanctions can be imposed. In the event that a notary designated as a protocol holder refuses to hand over the protocol for reasons that are unacceptable to the minister, the respective notary may be sanctioned by the Ministry of Law and Human Rights, Professional Organizations, or the Minister in accordance with the provisions of laws and regulations. Sanctions for violations of duties, prohibitions, professional ethics, and notarial codes of conduct may result in temporary suspension or dishonorable discharge from office. Violations of the provisions as referred to in the Notary Law and Notarial Code of Ethics.

Analisis Konsistensi Putusan Hakim terhadap Perjanjian Nominee atas Hak Milik Tanah di Wilayah Indonesia antara Warga Negara Asing (WNA) dan Warga Negara Indonesia (WNI)

Imelda Martinelli — 2024-06-18

Based on the legal provisions in the Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Agrarian Principles, foreign nationals are not allowed to hold ownership rights over land in Indonesia. However, this restriction on land ownership does not prevent foreign nationals from making various efforts to still own land in Indonesia. Many cases have been found where foreign nationals (WNA) and Indonesian nationals (WNI) enter into nominee agreements (using a proxy) based on the principle of freedom of contract to circumvent the prevailing law. The main research object of this scientific writing is the consistency of judges' decisions in adjudicating nominee agreements by comparing various rulings, namely, Adjudication No. 259/Pdt.G/2020/PN.Gin, Adjudication No. 872/Pdt.G/2020/PN.Dps, and Adjudication No. 271/Pdt.G/2019/PN.Dpk. The research method used is normative juridical research with a qualitative approach. The results of the study concluded that nominee agreements entered into by foreign nationals and Indonesian nationals for land ownership in Indonesia constitute a form of legal evasion, rendering such agreements invalid and null and void by law. This is because Indonesian agrarian law establishes the principle that land and property ownership must be clear and transparent, and prohibits foreign nationals from owning land in Indonesia. It is hoped that the government will enact regulations prohibiting the practice of nominee agreements to enforce the applicable laws.

Pertanggung Jawaban Pidana Terhadap Penelentaran Isteri Oleh Suami yang Sah: Studi di Kec. Medan denai

Erni Elvisyahri — 2024-06-20

Society still considers cases of violence that occur within the family as a private matter that should not be involved by outsiders, not only domestic violence is the main problem but also with the issue of neglect that occurs within the family, the problem is also very broad, not only regarding livelihoods. it is not appropriate, there is also a problem, namely being a drug addict, so the problem of neglect is the same as domestic violence which often occurs recently, in Law No. 23 of 2004 concerning the Elimination of Domestic Violence (PDKRT) it is prohibited to abandon people within the scope of their household, even though according to the law that applies to him or because of an agreement or agreement he is obliged to provide life, care or maintenance to that person. Based on Article 49 letter a of the PKDRT Law (Elimination of Domestic Violence). And the Criminal Code also explains that the husband's act of entering into a polygamous marriage without court permission is a criminal offense as regulated in Article 279 of the Criminal Code. The research objective used in this journal is empirical juridical research, namely research that aims to combine research using books or laws and is carried out using interview methods which aim to add to the journal's research. The crimes that have occurred so far have started from the smallest environment, namely the family or household, to the larger environment, namely society. Abandoning one's household is a bad and disgraceful act, in the view of the general public, people who abandon their family are considered to have committed a disgraceful act and socially they will receive sanctions in the form of a despicable label on the perpetrator of the neglect.

Keywords: Neglect, Criminal Liability, By legal husband

Analisa Kepastian Hukum Sertipikat Pengganti Atas Tanah Hak Milik

Mussa Ali Fatullah — 2024-06-25

The implementation of land registration in society is a state duty organized by the government for the interests of the people. In providing land rights status in Indonesia organized by the Land Office, there are still many people who do not know the procedure procedures if there is a loss of certificates, examples of cases occur in rural areas such as Cibatu Village, South Cikarang, Bekasi, one of its citizens has lost certificates his land. In conducting this research the approach used in solving problems using the empirical juridical approach method. While the empirical approach is to look at the law as a social, cultural, or watershed reality because in this study the data used primary data directly from the study site. Issuance or procedure for certificate of lost land rights must be in accordance with applicable rules. However, in the event that the issuance of a substitute certificate has been set by the laws and regulations as the author has described above, namely it is set in Article 57 paragraph (1) Government Regulation No. 24 of 1997 which states that on the request of a rights holder issued a new certificate as Substitutes of damaged certificates, lost, still use certificate blanks that are no longer used, or that are not handed over to buyers of auction in execution. Substitute certificate holders receive legal protection stipulated in applicable laws and regulations. Legal Protection of Certificate of Land Rights Certificate is the same as the first legal protection of the certificate, if there is no objection or problem in the application process, BPN will submit a replacement certificate to the applicant as the owner of the land object. As stipulated in the Law No. 5 of 1960 Article 19 paragraph (2) letter c, Government Regulation No. 24 of 1997 Article 1 number 20 and Article 32 paragraph (1). Procedure for obtaining a certificate of replacement for lost land rights involves several steps that must be followed in accordance with applicable regulations. Starting from the loss report to the police, the process of blocking the certificate at the land office, to submit a submission of a replacement certificate and verification of documents at the National Land Agency (BPN). The process of issuing a substitute certificate for lost land rights is clearly regulated in applicable laws and regulations, providing legal certainty and protection guarantees for replacement certificates.

Psikologi Keluarga Sebagai Pedoman dalam Pola Pengasuhan Anak Remaja

Fatiha Sabila Putri Matondang — 2024-06-27

The personality of a child is heavily influenced by genetic and environmental factors, the urgency of the role of the parent in the formation of the child's personality is of paramount importance, since the parent is the first to make a contribution to a child' s personality. Parental patterns are crucial to children's development. In addition, adolescence is a transition from childhood to adulthood, where changes occur, including physical, social, and mental changes. With all these changes, adolescents face the challenge of controlling their emotions and behaving according to social norms. Parental patterns also play a role in the process of changes that adolescents experience, as well as how they behave and behave in society. The aim of this study was to find out how parental patterns relate to the development of children in adolescence.

Analisis Kekuasaan Presiden dalam Proses Pembentukan Undang-Undang Ditinjau dari Perspektif Trias Politica

Tamara Yudlha — 2024-06-27

In the 1945 Constitution of the Republic of Indonesia (UUD RI), Article 20 paragraph (2) states that approved bills must be passed by the President, which indicates that the President of the Republic of Indonesia has a role in the discussion of laws. In the United States, the President is not involved in the discussion of the bill, but has the right of veto to reject the bill. This aims to prevent laws that are detrimental to society. However, Article 22 of the 1945 Constitution has created a debate about the limits of the President's authority to form a Government Regulation in Lieu of Law (PERPU), especially in relation to the urgency that can be subjective. The 1945 Constitution of the Republic of Indonesia emphasizes that the House of Representatives (DPR) has the main role in the legislative and supervisory functions. This study aims to explain the power of the President in the formation of laws, taking into account the principle of Trias Politica. The President's authority to enact PERPU is based on Article 22 paragraph (1) of the 1945 Constitution, which authorizes the President in the face of compelling urgency. In addition, the process of promulgation through the promulgation stage is also emphasized by Law Number 15 of 2019 concerning the Formation of Legislation. The promulgation stage is one of the five steps in the formation of laws, after officially becoming a law, the regulation can be accessed, known, and obeyed by everyone. However, in practice, every bill submitted by the Government usually passes the discussion stage with the DPR.

Implementasi Bimbingan Karir Siswa Kurikulum Merdeka Belajar di SMAN 21 Kota Bekasi

Ismi Ismi Izzati — 2024-06-27

The aim of the research is to determine the implementation of career guidance activities for students at SMAN 21 Bekasi City which uses the Merdeka Curriculum. Qualitative research with narrative descriptions was used by researchers to analyze the problems of this research. The samples studied were the Principal, Deputy Principal for Curriculum and Student Affairs, Class XI BK teachers, parents and Class XI students. The tools used to collect data are open interviews, observation and documentation. Data collection, reduction, presentation and conclusion drawing are used by researchers to analyze the data. Data validity checking techniques use credibility tests, linkage tests, certainty tests, and transferability tests. The results of the research show that problems arise in the implementation of career guidance, namely: 1) First, limited facilities with a value of 20%, second with a value of 10% including the problem of students choosing majors that do not match their grades, students are still confused about choosing a major, economic difficulties, Inappropriate choice of major, insufficient budget, low parental participation, and low student motivation to study. The lowest percentage was 5%, namely students did not want counseling and guidance and counseling teachers had not explained the career guidance material optimally. 2) Implementing career guidance for students in the independent learning curriculum has 4 stages, namely mapping talents and interests, implementing guidance, assessing career guidance, and reflecting on the results of the career guidance assessment.

Peran Mediasi dalam Menyelesaikan Sengketa Tanah Sebagai Alternatif Penyelesaian Sengketa di Luar Pengadilan: Studi Kasus di Desa Sumberjaya Kecamatan Tempuran Kabupaten Karawang

Andi Muhamad Bintang S — 2024-07-01

Agrarian law legally regulates land, with Law Number 5 of 1960 concerning Basic Agrarian Regulations as its juridical basis. Land disputes are one of the land issues that often occur in Indonesia, with complicated and unique problem characteristics, which are different from problems in other fields. An example of a land dispute occurred in Sumberjaya Village. Settlement of land disputes can be done through various means, both through the courts and outside the courts, such as Negotiation, Arbitration, Conciliation, and Mediation. The focus of this article is to gain an understanding of how mediation plays a role in land dispute resolution as an alternative dispute resolution that does not involve the court and how land disputes are resolved in Sumberjaya Village through mediation. This article uses empirical juridical research methods. The results show that mediation plays an important role in the process of resolving land disputes, although there are weaknesses in its application. In an effort to resolve land disputes in Sumberjaya Village, the disputing parties have attempted to settle through mediation dozens of times, but there are obstacles and constraints in the form of difficulties in harmonizing the interests of the parties involved in the conflict, as well as difficulties in ensuring their presence in the mediation process, which causes until now the land dispute in Sumberjaya Village has not yet had a meeting point in its resolution.

Legal Analysis of Compensation for Infringement of Trademarks of Non-Synonymous Goods in Indonesia

Fransisca Giovany Andri — 2024-07-01

This paper abstracts on damages for infringement of marks of non-similar goods, the protection for trademarks has been regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications, yet in reality, infringements against trademarks still occur. This research discusses the application of the first-to-file principle and compensation in cases of dissimilar goods trademark infringement. The research employs a normative juridical research method with a legislative approach. The legal sources utilized are secondary data obtained from literature materials, with primary legal materials including Decision Number 836 K/Pdt.Sus-HKI/2022 and Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The data analysis method used in this research is qualitative normative analysis. The research findings indicate that the first-to-file principle is applied not only to trademark registration for similar goods but also to dissimilar goods. The compensation that can be awarded to the legitimate trademark owner is immaterial compensation, the amount of which is determined by the judge considering the positions of the parties involved. The Directorate General of Intellectual Property in examining trademark registration applications must be more meticulous, and judges, in determining the amount of immaterial compensation, must prioritize justice.

Analisis Yuridis Perlindungan Hukum Terhadap Pekerja dengan Perjanjian Kerja Waktu Tertentu (PKWT) Menurut Undang-Undang Nomor 06 Tahun 2023 tentang Penetapan Peraturan Pengganti Undang-Undang Nomor 02 Tahun 2022 tentang Cipta Kerja Menjadi Undang-Undang.

Saleh Saepuloh — 2024-07-01

Legal protection for workers with STWA contained in Law num. 06 of 2023 and its derivative regulations are essentially intended to eliminate the system of slavery, so that it will improve the welfare of workers. However, the reality shows that the positions of employers and employees are never equal. The position of the employer is stronger than the employee so that the employee is in the very weak category.This research aims to determine the STWA regulations according to Law num. 06 of 2023 and legal protection for workers with STWA. This research is a type of normative juridical research using a normative juridical approach by processing and analyzing legal materials using descriptive juridical methods.The research results show that STWA arrangements are based on the time period and completion of a particular job. STWA is based on a maximum period of 5 (five) years. STWA is based on the completion of certain work based on the agreement of the parties as stated in the work agreement. STWA based on the completion of certain work can be extended up to a certain time limit until the work is completed. Employers are obliged to provide compensation money to workers when the STWA ends. Legal protection for workers with STWA includes: protection for social security, protection for wages, and protection for industrial relations disputes. Law num. 06 of 2023 raises new problems related to STWA, namely: there is no limit to the maximum term of STWA based on the completion of certain work, there are no legal consequences if STWA is made unwritten, and there is no regulation on notification of STWA extensions.

Tinjauan MaqᾹṣid Syarī‘Ah Terhadap Pembekuan Sperma (Sperm Freezing) dalam Proses Bayi Tabung

Tajul Iflah — 2024-04-25

In vitro fertilization is a solution for anyone who wants to have offspring if one of them is infertile or is caused by another disease. One of the creations of today's human sophistication is artificial insemination or what is called test tube babies. Technological advances have made it possible to carry out scientific and technological endeavors. This Ḥifẓ an-nasl is one of the goals of Maqāṣid asy-Syarīʿah, test tube babies are an effort to maintain offspring so that their offspring are not interrupted. Even though it is a solution, In vitro fertilization is also vulnerable to abuse so it has the potential to have a negative impact if misused. This research was conducted to find out how the legal aspects of long-term sperm freezing for test tube babies are reviewed according to Maqāṣid asy-Syarīʿah. This research uses a historical approach method by looking at events or phenomena carried out by married couples with the aim of obtaining offspring. The results of the research show that freezing sperm cells is carried out with the aim of being able to obtain offspring for married couples who can no longer produce offspring and sperm cells have been frozen when the husband and wife are still in a fertile state. This is legally permitted in Islam with the provisions that the sperm must come from the husband and wife who has a legal marriage relationship. If it is related to Maqāṣid ash-Syarīʿah, the existence of a sperm bank for freezing can protect offspring or ḥifẓ an-nasl, then in Islam it is permissible because this action has benefits in it. Sperm freezing is permitted provided there is a real problem and it is safe from misuse.