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All Journal Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Ilka Sandela
Prodi Ilmu Hukum, Fakultas Ilmu Sosial Dan Ilmu Politik, Universitas Teuku Umar
Agriculture, Biological Sciences & Forestry Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Other

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Journal : Ius Civile: Refleksi Penegakan Hukum dan Keadilan

 1 
Ketentuan Pengaturan Penteraan Alat Metrologi Legal dalam Transaksi Perdagangan di Indonesia Ilka Sandela; Nila Trisna; Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 1 (2022): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i1.5231

Abstract

Legal metrology tools such as measuring instruments, measurements, scales and equipment used in trade transactions must be calibrated and recalibrated within a certain period of time. The goal is the measurement results using these tools remain correct as they should be. If it is not calibrated or recalibrated, it can cause measurements to be inaccurate, so that it can be detrimental to consumers in trade. This study aims to study further on the regulation of calibration of legal metrology equipment, sanctions, mechanisms or procedures for calibration and recalibration. The research method used is a normative juridical research method. The results of the study indicate that the provisions relating to the calibration of legal metrology equipment consisting of measuring, weighing and complete instruments are regulated in Law Number 2 of 1981 concerning Legal Metrology and Government Regulation Number 2 of 1985 concerning mandatory and free to be calibrated and/or or recalibration for measuring, weighing instruments and their accessories. In this provision, it is determined that there is an obligation to calibrate and recalibrate measuring, and weighing instruments used for public purposes, business purposes, the need for delivery and receipt of goods, determination of the company's final product, mandatory calibration and recalibration. As for the sanctions for business actors who commit acts prohibited by the Legal Metrology Law, they are subject to criminal sanctions in the form of imprisonment for a maximum of 1 (one) year and a fine of a maximum of Rp. 1,000,000 (one million rupiah). Furthermore, the mechanism or procedure for calibration of legal metrology tools includes the owner or user of measuring instruments, measuring, weighing in a clean condition, registering and paying calibration fees, then employees carry out inspections and tests, then the results are posted.
Tinjauan Yuridis Konsepsi Hak Langgeh dalam Masyarakat Tradisional Hukum Adat Aceh Nila Trisna; Ilka Sandela; Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 2 (2021): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i2.4421

Abstract

Recognition of the traditional rights of the community, such as the implementation of traditional and cultural life which differs from one region to another, is the glue of the Unitary State of the Republic of Indonesia. One of them is the customs and culture that exist in society in Aceh, namely Langgeh Rights. Langgeh rights are former rights, namely the right of one person is more important than others, to get the opportunity to buy the neighbor's land at the same price. Langgeh rights can be given to the closest person to the seller, namely, relatives of the seller, other members of customary law, or neighbors whose land is directly sold with the land to be sold. Langgeh rights aim to prevent the land from being purchased by foreigners from outside the customary law community. In practice, the settlement of disputes over the rights of langgeh (syuf'ah) in Aceh almost entirely cannot be resolved through the Syari'ah Court, but will be resolved in the gampong customary court, this is because the Acehnese are a society that upholds the Shari'ah who expect peace. They do not expect mutual hostility, so the outcome of the customary justice process is peace.
KONSEP PENGATURAN PARIWISATA HALAL DI ACEH Ilka Sandela; Nila Trisna; Phoenna Ath Thariq
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3540

Abstract

Halal tourism is a tourism that in its implementation fulfill the provisions of Islamic law. In the implementation of halal tourism, a special regulation is needed so that the implementation can be guaranteed as expected. The purpose of this research was to examine the substance of Qanun Aceh Number 8 of 2013 concerning Tourism, whether it contains elements of halal tourism or not and how far the regulation is. Then, it will be reviewed the concept of halal tourism regulation that are ideally applied in Aceh Province. The research method used is normative juridical research method. The results showed that explicitly there is no term halal tourism in Qanun Aceh Number 8 of 2013 concerning Tourism, but in substance there are some provisions that contain the values of halal tourism, among others the function of tourism, the direction of research and development of tourism in Aceh, tourism business, values that must be considered in the business of objects and tourist attractions, obligations of tourism object businesses , obligations of star hotel managers, provisions for restaurant managers, restrictions on tourist attractions, and provisions that must be met for foreign tourists. However, the existing provisions have not been able to accommodate the implementation of halal tourism optimally. The ideal concept of halal tourism regulation should contain in detail the basic elements and objectives of halal tourism implementation, classification of halal tourism destinations, standards of each type of halal tourism destination, halal tourism certification, promotion and marketing, supervision, and sanctions. It is recommended to establish special legislation on halal tourism in Aceh either in the form of other qanun or in the form of governor regulation, the purpose of which is to become guidelines and reference of halal tourism standards in all regions in Aceh Province, so that the implementation of halal tourism can be carried out opptimally.
Mekanisme Penyelesaian Sengketa Pinjam Meminjam Uang Berbasis Teknologi Informasi (Fintech Lending) Menurut Ketentuan Peraturan Perundang-Undangan di Indonesia Ilka Sandela; Nila Trisna; Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 2 (2021): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i2.4532

Abstract

Technological developments cause various developments in people's lives, one of which is in terms of lending and borrowing money. Currently, information technology-based lending and borrowing services are available based on agreements. In its implementation, it is possible for the parties not to carry out things in accordance with the agreement, causing a dispute. The purpose of this research is to study further in relation to the regulation of information technology-based lending and borrowing dispute settlements based on the provisions of laws and regulations in Indonesia and how the dispute resolution mechanism is. The research method used is the normative juridical method. The results of the study show that the regulation of technology-based lending and borrowing dispute resolution is not regulated in detail in the specific regulations, namely the Financial Services Authority Regulation Number 77/PJOK.01/2016 concerning Technology-Based Money-Lending and Borrowing Services and Bank Indonesia Regulation No.19/12/ PBI/2017 concerning the Implementation of Financial Technology. So, to determine what dispute resolution mechanisms can be done, it can refer to the legal umbrella for electronic transactions, namely Law Number 11 of 2008 concerning Information and Electronic Transactions as amended by Law Number 19 of 2016 (UU ITE). According to the Information and Electronic Transactions Law, electronic transaction dispute resolution mechanisms can be resolved through civil lawsuits, arbitration and other dispute resolution institutions.
EKSISTENSI BANK TANAH DALAM HUKUM AGRARIA DI INDONESIA Nila Trisna; Ilka Sandela
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3564

Abstract

Development in Indonesia is increasing day by day, it’s resulting in an increasing need for land. However, the limited availability of land will hamper the development process. Based on these conditions, a solution is needed that can guarantee the availability of land. In Law Number 11 of 2020 concerning Job Creation provides a solution related to this, namely the formation of a land bank to ensure the availability of land that can be allocated for future use. This study aims to examine the philosophical and juridical foundations for the establishment of land bank institutions and the regulation of land banks according to Law Number 11 of 2020 concerning Job Creation, and the concept of implementing land bank institutions in Indonesia. The research method used is a normative juridical research method. The results show that the philosophical and juridical foundation for the establishment of a land bank is that the state has the state's obligation to create welfare and prosperity for all Indonesian people as stated in the opening mandate and Article 33 of the 1945 Constitution of the Republic of Indonesia. As for the regulation of land banks according to Law Number 11 of 2020 concerning Job Creation, which is contained in Chapter VIII concerning Land Acquisition, Part Four concerning Land in accordance with Articles 125-135. Then, the concept of implementing a land bank in Indonesia can be implemented through the land acquisition mechanism of existing community rights and government designation for state lands. In addition, land banks are not only for the development of public interests that are for profit, but also for the purpose of supporting non-profit Social Interest and agrarian reform programs.
Kewenangan Bawaslu Kabupaten/Kota dalam Menyelesaikan Sengketa Proses Pemilu Menurut Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilu Adam Sani; Ilka Sandela; Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 2 (2021): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i2.4220

Abstract

The purpose of this study is to determine the authority of the Regency/City General Election Supervisory Body (Bawaslu) in resolving electoral process disputes based on Law Number 7 of 2017 concerning Elections. The research method used is normative juridical through a statutory approach. The main data sources in this study consist of primary legal materials, secondary legal materials and tertiary legal materials. Data analysis was carried out qualitatively through analytical and prescriptive methods. The conclusions drawn by the researcher from the results of this study were carried out using a qualitative descriptive normative method. The results of the research are that the Regency/Municipal General Election Supervisory Body (Bawaslu) has the authority to resolve electoral process disputes that occur in regencies/municipalities, both among election participants or election participants with the KPU due to the issuance of a Decree or Official Report. The process of implementing electoral process disputes is carried out through mediation and adjudication. Election process dispute decisions made by Bawaslu are final and binding, except for election process disputes relating to the verification of Election Political Parties, determination of DCT members of DPR, DPD, Provincial DPRD, and Regency/Municipal DPRD as well as the determination of Candidate Pairs that can be sued to the Election Commission. Administrative Court (PTUN). It is recommended to Bawaslu to strengthen the human resources of Bawaslu members at the Regency/City level, especially the ability of Bawaslu members to resolve disputes in the election process.Keywords: Authority, Regency/City, Dispute, Election
Konflik Hukum Perkawinan Beda Agama di Indonesia (Studi Penetapan Hakim Nomor: 12/Pdt.P/2022/Pn Ptk) Adella Yuana; Ilka Sandela
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 6, No 2 (2022): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v6i2.6123

Abstract

Article 1 of Law Number 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law) which states "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Almighty". Creating physical and spiritual bonds in forming a marriage must meet the terms and conditions. Fulfillment of these terms and conditions aims to ensure that a marriage is considered valid both religiously and stately. Article 2 paragraph (1) of the Marriage Law states that "Marriage is legal, if it is carried out according to the laws of each religion and belief". In particular, Article 40 letter c of the Compilation of Islamic Law prohibits interfaith marriages in Islam. In the case with the Judge's Determination Number: 12/Pdt.P/2022/PN Ptk, the request was granted by the judge to be recorded at the Population and Civil Registry Office. This incident created legal conflicts and uncertainty over the norms of interfaith marriages. The purpose of this study is to identify and analyze legal conflicts and legal certainty of interfaith marriages in Indonesia through case studies. The research method used in this research is normative juridical. The result of this research is invalid based on Article 40 letter c of the Compilation of Islamic Law. Indonesian Positive Law regulates a legal marriage if it is in accordance with Article 2 paragraph (1) of the Marriage Law. Based on religion and belief, Islam clearly prohibits interfaith marriages. The judge in this case handed down the determination based on the norms of Article 35 of Law Number 23 of 2006 concerning Population Administration which opens the opportunity for interfaith marriages to be recorded at the Population and Civil Registry Office. The occurrence of conflicting norms for interfaith marriages in Indonesia results in the uncertainty of marriage law in its regulations.
Teknik Pembuktian Gratifikasi Seks dalam Tindak Pidana Korupsi Chandra Darusman S; Ilka Sandela; Basri Basri; Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 7, No 1 (2023): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v7i1.7575

Abstract

Gratification as part of the criminal act of corruption has undergone changes in form and mode. Gratification is not only interpreted as giving gifts in the form of money, goods, prizes, or commissions, interest-free loans, travel tickets, lodging facilities, tourist trips, free medical treatment, and other facilities, but also sexual services to state administrators or civil servants. This research is normative legal research and aims to examine sexual services as part of gratification and techniques of proving sexual services as part of gratification. The results of the study show that sexual services can be classified as a form of gratification and the technique of proof is used to prove whether or not all of the elements of Article 12B of Law Number 20 of 2001 concerning the Eradication of Corruption Crimes have been fulfilled or not by using a balanced reverse burden of proof system.
Co-Authors Adam Sani Adella Yuana Agatha Debby Reiza Macella Basri Basri Chandra Darusman S Nellis Mardhiah Nila Trisna Nurasma Aripin Nurhaslita Sari Phoenna Ath Thariq Pratama, Agus Quthni Effida, Dara Siti Jahria Sitompul Sri Wahyu Handayani, Sri Wahyu Zuhri, Al