Jurnal Ilmiah Hukum LEGALITY
Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international law, islamic law, criminal justice system, and the others field of law as a forum to develop the science of Law. JIHL published by University of Muhammadiyah Malang twice in a year every March and September.
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257 Documents
<![CDATA[POWER OF SHARING SUMBER DAYA KELAUTAN REPUBLIK INDONESIA ]]>
<![CDATA[Vinata, Ria Tri]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4272
<![CDATA[Maritime and marine development targets are very realistic considering the position of Indonesia is geographically located and has a comparative advantage because it is very close to the world market. On the other hand, Indonesia is located in the tropics with thousands of islands have a wealth and maritime and marine resource potential is very large. Awareness of the protection and preservation of the marine environment began to grow among the countries participating in the Convention; especially regarding the exploitation of natural resources is carried out on a large scale in the marine environment. Especially for marine areas that are still in dispute, the power of sharing activity is the distribution of marine resources with the agreement Joint exploitation the original problem as a potential source of conflict, transformed and directed into a source of cooperation. Such cooperation generally includes the exploration, exploitation, and sharing of benefits derived from the exploitation of natural resources in the region for the parties.]]>
<![CDATA[KONFLIK AGRARIA YANG TAK PERNAH REDA ]]>
<![CDATA[Zakie, Mukmin]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4256
<![CDATA[The ideal goal to be achieved by this country when it declared Law Number 5 of 1960 on the Basic Regulation of Agrarian is the prosperity of society, especially farmers and there is no more conflict. Conflicts before the law is one of them for their legal dualism governing agrarian question. Unification law which regulates the keagrarian expected to answer and give a solution to the conflict over the years. It turns out that the opposite is true, more and more regulations issued with respect to agrarian, it further adds new problems. Changes in the pattern and kareteristik conflict evolves with people's lives, mindset and outlook changed to agrarian particularly land, requires also look for a pattern resolution of the conflict. This paper attempts to it.]]>
<![CDATA[PENGUATAN HAK BERDAULAT (SOUVEREIGN RIGHT) PADA ZEE INDONESIA DALAM RANGKA PERLINDUNGAN SUMBER DAYA ALAM LAUT ]]>
<![CDATA[Winarwati, Indien]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4268
<![CDATA[Sea is a important region for the integrity and unifying, a means of defense and security and foremost as a means of prosperity and welfare of a country due to the potential of the marine resources. Geographically, Indonesia can be termed as a maritime nation. Indonesia has the largest sea area in the world where two-thirds of its territory is waters. Indonesian Exclusive Economic Zone (EEZ) is a maritime area that has the greatest wealth potential. To Regulate, protect and enforce the law in the EEZ, the Indonesian government enacted Law No. 5 of 1983 on the Indonesian Exclusive Economic Zone. In that regulation, there is a provision on the sovereign rights as contained in the provisions of UNCLOS (United Nations Convention on the Law of the Sea). Such right is a privilege rights to carry out the exploration, exploitation and conservation of marine resources. To that end, these rights should be used optimally in order to utilize and protect marine resources from illegal fishing by foreign vessels that have been so frequent that it can be utilized for the welfare and prosperity of society.]]>
<![CDATA[RUMUSAN PENGATURAN CREDIT CARD FRAUD DALAM HUKUM PIDANA INDONESIA DITINJAU DARI ASAS LEGALITAS ]]>
<![CDATA[Prasetyo, Said Noor]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4260
<![CDATA[Internet is an information technology development product. Internet provide so many benefits for society in various field of life. One of its benefit is electronic payment system in e-commerce system. That benefits are also used by irresponsible persons for te crimes. One form ofcrimes in these field was credit card fraud. Based on data, Indonesia is a country with te highest rate of credit card fraud around the world. This is caused by the weakness of legal substance that regulate such crime. The Purpose of this research is to looking for such weakness based on principles of legality point of view. For such purpose, researcher use normative juridical of research methods with the konseptual and statute approach.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP IKAN HIU DAN IKAN PARI UNTUK MENJAGA KESEIMBANGAN EKOSISTEM LAUT INDONESIA ]]>
<![CDATA[Aditya, Zaka Firma]]>;
<![CDATA[Al-Fatih, Sholahuddin]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4273
<![CDATA[The population of sharks and rays in Indonesia threatened with extinction. Based on the findings of WWF Indonesia that there are at least 10 million sharks caught in Indonesian waters each year for commercial purposes. Urgency of protection against sharks and stingrays are not only conservation activities related to efforts to save species of marine animals from extinction, but also related to global environmental issues. Until this time there has been no regulation of the Indonesian government, which specifically provides protection to the conservation of sharks and rays in Indonesia’s marine waters. In this paper, the author will discuss two findings. First, the lack of regulations that provide legal protection to sharks and stingrays from illegal fishing activity. Secondly, there are two efforts can be made by the government, repressive and preventive measures. A repressive measure carried out by law enforcement with a very heavy sanction the perpetrators of fishing of sharks and stingrays. Preventive efforts done by making shark conservation areas and through education and awareness to the community.]]>
<![CDATA[PERLINDUNGAN ANAK PIDANA DI LEMBAGA PEMBINAAN KHUSUS ANAK DALAM PERSPEKTIF MODEL PEMBINAAN ANAK SECARA PERORANGAN ]]>
<![CDATA[Cahyaningtyas, Irma]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4255
<![CDATA[A child who didn’t get affection they tend to be juvenile and consequence may be able to carry out deviate action which collide with regulation. These child must execute criminal process that will ended to a behavior treatment that will take place in The Juvenile Correction. One of the treatment that exist in The Juvenile Correction is the treatment that actually based to child. Those kind of treatment called the individual treatment model. This paper background by issues, firstly how individual treatment model implementation in The Juvenile Correction; second what kind of constraints which found in the individual treatment model in The Juvenile Correction. Research methods used were 1) juridical empirical method;2) socio legal approach;3)case study in The Juvenile Correction in Kutoarjo. Analysis concerning are explained, first individual treatment model was already known. There were the type of individual treatment model were both religiousness and counseling treatment. But, for implementation that model could not implement properly.]]>
<![CDATA[KEBIJAKAN PENGELOLAAN PERIKANAN TANGKAP BERBASIS KEBERLANJUTAN MEWUJUDKAN INDONESIA SEBAGAI POROS MARITIM DUNIA ]]>
<![CDATA[Yulianingsih, Indra]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4269
<![CDATA[Management of fish resources (SDI) as a source of natural resources devoted to the people's welfare. Control of the fish resources are directed to the achievement of benefits for the greater prosperity of the people. Fisheries sector can serve as a leading sector in an effort to make Indonesia as the world's maritime axis. Therefore, it must be realized that fisheries management with reference to the principles of sustainable development of marine resources by basing on Agenda 21 of the UN Conference of 1992 on Environment and Development, or the Earth Summit in Rio de Janeiro, Brazil. For that, we need an improvement in the regulation of marine policy. Rights-based Licensing system or rights-based access (allocation of rights to use formal) is an alternative that should be explored, so that everyone has equal access without an incentive to maintain its sustainability.]]>
<![CDATA[KONSISTENSI PASAL 284 KUHP TERHADAP UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945 ]]>
<![CDATA[Ismayawati, Any]]>
<![CDATA[ Jurnal Ilmiah Hukum LEGALITY Vol 24, No 1 (2016) ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4259
<![CDATA[Adultery issue has been regulated in Article 284 of the Indonesian Criminal Code. However, in its implementation, vigilantism is more widely used by the community in response to the suit. In short it can be said that Article 284 of the Criminal Code is not effective in combating the crime of adultery. Article 284 of the Criminal Code, both legally and philosophically opposed to the values contained in Article 29 Paragraph (1) of Indonesian Constitution. In juridical, adultery prohibition in the norms of religion in Indonesia not only in people who already tied a marital relationship. In philosophy, the prohibition of adultery in the norms of religion in Indonesia is not only to provide protection to the institution of marriage, but also protect the sanctity of sexual relations, nasab, individual honour and even social honour. It can be said that the prohibition of adultery in religious norms is a form of protection against social honor as well as protection against "social values of sexual morality".]]>
<![CDATA[PENINGKATAN PEMAHAMAN MASYARAKAT TENTANG PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA ]]>
<![CDATA[Kusumah, Haidan Angga]]>;
<![CDATA[Dwi Putri, Eriska Ginalita]]>;
<![CDATA[Mulyadi, Andi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i2.4274
<![CDATA[Domestic violence is a social phenomenon that has lasted a long time in most households in Indonesia. Domestic violence cases dominating against women in Sukabumi. The number of domestic violence cases that occurred in Indonesia is a reflection of the failure of a family to build and maintain a household conditions conducive and comfortable for each family member who took refuge in it. People still think that domestic violence is not a form of crime, is still considered taboo, and is a private matter that should not be to tell. the role performed by the College in providing education to rural communities Padaasih Cisaat about domestic violence and also how the socialization of the Law of the Republic of Indonesia No. 23 Year 2004 concerning the Elimination of Domestic Violence.]]>
<![CDATA[PENGUJIAN NORMA HUKUM KETETAPAN MPR NO. XI/MPR/1998 DALAM HIERARKI PERATURAN PERUNDANG-UNDANGAN ]]>
<![CDATA[Candra Wijaya, Agus Rasyid]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 24, No 1 (2016): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v24i1.4263
<![CDATA[The inclusion of the Indonesian People's Consultative Assembly Provisions in the hierarchy of legislation, as stipulated in Article 7 paragraph (1) of Law No. 12 of 2011 on the Establishment of legislation raises several issues related to the establishment and review of the legislation. The Indonesian People's Consultative Assembly Provision No. XI/MPR/1998 on the Implementation of the State that is clean and free of corruption, collusion and nepotism, is one of these provisions is still valid in the structure of the legal norms of the legislation. The purpose of writing this article is to clarify the direction of legal norms of Indonesian People’s Consultative Assembly Provision No. XI/MPR/1998 in testing hierarchy of legislation in the future.]]>
