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All Journal Jurnal Sosiologi USK (Media Pemikiran & Aplikasi) Jurnal Public Policy Ius Civile: Refleksi Penegakan Hukum dan Keadilan SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum
Adam Sani
Fakultas Ilmu Sosial Dan Ilmu Politik, Universitas Teuku Umar
Arts Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Ius Civile: Refleksi Penegakan Hukum dan Keadilan

 1 
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.
KEWENANGAN PEMERINTAH ACEH DALAM KERANGKA OTONOMI DAERAH Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 2 (2018): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (213.472 KB) | DOI: 10.35308/jic.v2i2.969

Abstract

The purpose of this study was to determine the authority given by the central government through the Regional Autonomy Law to the Government of Aceh and the extent of the authority of the Aceh government in the implementation of regional autonomy. This type of research uses normative juridical method, the main data source in this study consists of primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out through literature study, namely the search of library materials, which included primary legal material in the form of provisions mentioned in the legislation, secondary legal materials in the form of literature books relating to the problem under study. Analysis of primary and secondary data obtained from analytical descriptive research with a normative juridical approach is carried out qualitatively. The results of the study, namely the birth of a special autonomy status for the Aceh region, have eroded some of the authority that is the authority of the central government. The central government is only fully authorized on several matters, namely defense and security, religion, fiscal, education and foreign policy. Apart from this authority, the local government can do this. The implementation of the special autonomy law for the Aceh region with the birth of Law Number 11 of 2006 indicates that the implementation of autonomy is fully held by the region. All matters that become government affairs are further regulated in the Aceh Government law. It is suggested to the government in terms of determining the policy of making the laws of the next regional government so that more attention to all aspects of the affairs of the regional government and the nature of the regulation must be absolute decentralization. It is also advisable to the government to pay special attention to regions with special autonomy status such as Aceh, and it is expected that all implementing regulations which have been obstacles for Aceh in carrying out Aceh's authority can be realized properly. Keywords: Authority, Aceh government, regional autonomy.
KAJIAN NORMATIF PERLINDUNGAN DAN HAK ANAK DALAM KONVENSI INTERNASIONAL Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (356.82 KB) | DOI: 10.35308/jic.v1i1.452

Abstract

The purpose of this study is to determine the protection and rights of children in the international convention on the rights of children. The research method is through normative juridical study that is study in the form of legislation, legal principle, norm, etc. that is describe and analyze data about protection and rights of child in International convention about child rights. To the right of the child To the Convention on the Rights of the Child states that the States Parties to the Convention shall ensure that no child may be subjected to torture, or any other cruel, inhuman or humiliating punishment, shall not be deprived of his or her liberty unlawfully or arbitrarily, arbitrary. Every child deprived of his liberty must be treated humanely and respect the inherent dignity of the human person, and in a way and remember the needs of the person at his age. The rights of children in CRC are grouped into 4 (four) categories, namely the right to survival, protection rights, rights rights to grow (development rights and participation rights), namely the rights of children in The Convention on the Rights of the Child which includes the right of the child to express opinions in all matters affecting the child (the rights of a child to express his / her views in all metter affecting that child).Keywords: Protection, Child Rights, International Convention
PENANGGUHAN PENAHANAN TERHADAP GISEL ANASTASIA DITINJAU DARI KITAB UNDANG HUKUM ACARA PIDANA DAN UNDANG-UNDANG TENTANG PORNOGRAFI Muhammad Ikhwan Adabi; Chandra Darusman; Jalaluddin Jalaluddin; Adam Sani
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.v5i1.3538

Abstract

Suspension of detention is regulated in Article 31 of Law no. 8 of 1981 concerningCriminal Procedure Law, which states that at the request of a suspect or defendant,an investigator or public prosecutor or judge, in accordance with their respectiveauthority, can hold a suspension of detention with or without a guarantee of moneyor a guarantee of person, based on the conditions. which is determined. Theserequirements are regulated in Article 21 paragraph (1) of the Criminal ProcedureCode or referred to as subjective requirements and Article 21 paragraph (4) KUHAPor so-called objective requirements. The subjective view carried out by the PoldaMetro Jaya investigators in suspending detention of a case (GA) is not in accordanceor continuous with Article 21 paragraph (1) of the Criminal Procedure Codeaccording to the author's subjective view. Against (GA) is charged with Article 4paragraph (1) jo. Article 29 and / or Article 8 of Law no. 44 of 2008 concerningPornography. The criminal regulation that ensnares (GA) is in the form ofimprisonment for more than five years. If seen from the objective requirements, thisis not in accordance with Article 21 paragraph (4) of the Criminal Procedure Code.Article 21 paragraph (4) of the Criminal Procedure Code states that the conditions fordetention of a suspect or defendant cannot be withdrawn, the suspect's ordefendant's relationship with a prison sentence of more than five years
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.
PERAN LEMBAGA ADAT DALAM PENANGANAN PELANGGARAN SYARI’AT ISLAM DI ACEH Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 2, No 1 (2018): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (359.743 KB) | DOI: 10.35308/jic.v2i1.548

Abstract

The purpose of this study is to determine the role of customary institutions in handling violations of Islamic Shari'ah in Aceh. This research is done through normative juridical approach that is study in the form of legislation, legal principle, norm, and others. The main data sources in this study consisted of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection is done through literature study that is searching library materials covering primary legal material in the form of provisions mentioned in the legislation, secondary legal materials in the form of literature books related to the problem under study. Data analysis is the process of organizing and sorting data into patterns, categories, and basic descriptive units so that the theme can be found and workable hypotheses can be formulated as suggested data. The results show the role and function of customary institutions against the violation of Islamic Shari'ah in Aceh as a tool of control, prevention, guidance and as a peace judge at the village level through gampong customary meeting. If customs are not completed then customary institutions shall notify the authorities. Suggested To adat stakeholder expected to settlement of case of Islamic shari'ah violator in Aceh refers to provision of Islamic law.Keywords: Roles, Customary institutions, Violations, Syari'ah Islam.
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
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 Adabi, Muhammad Ikhwan Aduwina Pakeh Afrizal Tjoetra Aguswandi Aguswandi Basri Basri Chandra Darusman S Ilka Sandela Irva Linda Jalaluddin Nila Trisna Saiful Asra Samwil