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Barhamudin, Barhamudin
Fakultas Hukum Universitas Palembang

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KEDUDUKAN AHLI WARIS PENGGANTI DALAM KOMPILASI HUKUM ISLAM Barhamudin, Barhamudin
Solusi Vol 15 No 3 (2017): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (523.313 KB) | DOI: 10.36546/solusi.v15i3.75

Abstract

ABSTRACT The purpose of the research is to know the extent of replacement place of heirs in the compilation of Islamic law. Legal research is a scientific activity based on certain methods, systems, and thoughts that aim to study one or all of the laws by analyzing them and this type of research is a normative legal research. (normative juridical), namely leg al research conducted by prioritizing research library or documents called secondary data, in the form of primary, secondary, and tertiary legal materials. The materials obtained from the research that is done secondary data, to the data is done as follows: Selecting the articles and verses and opinions of the jurists who contains the legal precepts that regulate the problem of replacement heirs. The results obtained that the Islamic inheritance law determines, the child can replace his father's position is the son and daughter of the male lineage whose father had died first from the heir, while the boys and girls of the female lineage is not entitled entirely to replace his mother's position to obtain property from his grandfather (heir). The grandson of a new boy can replace his parent's position if the heir does not leave the other surviving son. And the right of the surrendered heir is not necessarily the same as the right of the person to be replaced, nor should it be exceeded from the part of the heirs who are equal to the substituted, but may be reduced. Likewise, based on Article 185 of the Compilation of Islamic Law, grandchild may be the surrogate heir and replace the position of his parents. Grandchildren will have an inheritance equal to the share earned by his parents if he were alive. The surrogate heirs aims to safeguard the right of the beneficiary who should receive the part of the heiress who is passed on to his successor ie his son for continued family survival also strengthens the brotherhood between the heirs and the successor heirs.
PIDANA MATI SARANA PENCEGAHAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA Barhamudin, Barhamudin
Solusi Vol 16 No 2 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (401.147 KB) | DOI: 10.36546/solusi.v16i2.117

Abstract

The purpose of this research is: To know and analyze the ratio of the punishment of capital punishment in the positive law arrangement in Indonesia is not contradictory to human rights. To know and analyze capital punishment from the aspect of crime prevention; This study is a normative legal research that focuses on explanation or explanation of the application of capital punishment to the perpetrators of narcotics abuse in the perspective of human rights. This research is normative research using approach of legislation, conceptual approach and approach of analysis. The death penalty against the perpetrators of crimes committed in Indonesia does not affect or reduce crime, according to the authors precisely because of the very low level of the number of judges in Indonesia who dropped the death penalty and the execution of the execution long enough to continue the rampant perpetrators of crimes in general, especially the Bandar and the current narcotics dealer. If the imposition of capital punishment on the dealers and narcotics dealers reaches twenty percent (20%) per cent alone it is certain to decrease and provide a deterrent effect for prospective dealers and dealers or residuals. The death penalty is the most effective suggestion that governments can use to combat crime. The death penalty is intended to reciprocate the mistake and secure the public from the dealers and narcotics as specified in the narcotics law while the Action intends to secure and maintain the objectives applied to addicts and victims. So criminal and action, both aims to prepare to return the convicted into the life of the community. The basis of each of the penalties is the grave suffering according to the severity of the acts committed by the convicted person. But to what extent the severity of the crime and the severity of the acts committed by the convict can be measured, determined by what is useful to the public.
PEMILIHAN UMUM SERENTAK DAPAT MEMPERKUAT SISTEM PRESIDENSIAL Barhamudin, Barhamudin
Solusi Vol 16 No 3 (2018): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (415.604 KB) | DOI: 10.36546/solusi.v16i3.118

Abstract

The purpose of this research is to find out whether general elections simultaneously have an influence on strengthening presidential systems. To find out the implications of simultaneous elections on elections in Indonesia. The research method in this study uses a normative juridical approach used to study or analyze secondary data in the form of legal materials, especially primary legal materials and secondary legal materials. Primary legal material is the 1945 Constitution of the Republic of Indonesia, Law Number 7 of 2017 concerning General Elections, Decision of the Constitutional Court Number 14 / PUU-XI / 2013 etc. Secondary legal materials are those that provide explanations and interpretations of sources of primary legal materials such as law books, legal journals, and others. Tertiary legal materials are legal materials that provide guidance or explanation of primary and secondary legal materials such as legal dictionaries, encyclopedias, and related documents. The results of the study were argued that the holding of elections simultaneously with the plurality system itself actually tended to produce few presidential candidates. When presidential elections the supporters of candidates in this system tend to ignore candidates who are not competitive (non-viable) so they can focus on the top two candidates. This encouraged a coalition process between parties from the start because there was only one election round. The party that should submit its own candidate but the candidate is less competitive tends to drop the candidate and endorse one of the two most competitive candidates. The plurality system, if implemented separately from the legislative elections, the parties in the legislative elections do not need to think about the influence of the presidential election. This plurality mechanism affects parties when carried out simultaneously with legislative elections. The parties tend to nominate one of the two most competitive candidates, and lead to gathering support for the legislative parties in the two candidates. When one of the candidates wins the presidential election, then support for the president in the legislature tends to be the majority or close to the majority. The combination of the presidential plurality election system carried out simultaneously with legislative elections is the most likely to help strengthen multi-party presidential systems. Thus the simultaneous implementation of elections will strengthen the presidential system in which the President and Vice-President are elected to gain strong legitimacy from the people, in order to realize the effectiveness of government and also the support base of the DPR.
Penyalahgunaan Kewenangan Pejabat Pemerintahan Dan Ruang Lingkupnya Menurut Undang-Undang Administrasi Pemerintahan Barhamudin, Barhamudin
Solusi Vol 17 No 2 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.582 KB) | DOI: 10.36546/solusi.v17i2.171

Abstract

The purpose of this research is to find out, study and analyze in determining the element of abusing authority in government administrative laws. In this study using normative research with a statutory approach and a conceptual approach. Legal materials consisting of Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The results obtained are benchmarks to determine the existence of abuse of authority according to administrative law, in this case UUAP occurs if government officials or officials conduct discretion without going through procedures and the purpose is not carried out within the scope of what has been determined by Law of the Republic of Indonesia Number 30 of 2014 concerning Government Administration in article 17 and article 18 includes: a. The statute goes beyond the authority; b. prohibition of confusing authority; c. prohibition of arbitrary actions. d. beyond the term of office or the validity period of the Authority; e. beyond the territorial validity of the Authority; and / or f. contrary to statutory provisions. g is outside the scope of the field or material given Authority; and / or h. contrary to the stated purpose of the Authority. Abuse of authority either according to administrative law or criminal law has the respective legal domain. Decisions and / or Actions that are determined and / or carried out by exceeding illegitimate Authority if it has been tested and there is a Court Decision that has permanent legal force and Courts that have permanent legal force.
KEMANDIRIAN HAKIM DALAM PERSPEKTIF NEGARAWAN Barhamudin, Barhamudin
Solusi Vol 17 No 3 (2019): SOLUSI
Publisher : Faculty of Law, University of Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (482.862 KB) | DOI: 10.36546/solusi.v17i3.218

Abstract

The purpose of this study was to determine the independence of judges in accordance with Law Number 48 of 2009 in Statesperson's Perspectives. The research is a normative legal research that uses the law approach and the concept approach and data sources in this study are Primary Legal Materials; Secondary Legal Material and Tertiary Legal Material, the study found that all Judges must have the quality of statesmanship not just Constitutional judges, even those judges must behave and behave as statesmen, because judges are required to be impartial or independent in their duties to uphold truth based on law and justice. Judges must have the knowledge and expertise in administering the state, sufficient field of experience, and commitment to carry out and oversee the life of the state in accordance with the constitutional corridor. The judges are essentially statesmen, if seen from their duties and functions to uphold law and justice, not for the interests of others other than for the interests of the state, are not the elements of the state reflected in the interests of the people. Judges have the freedom to carry out their duties judicially and only answer to God.