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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<![CDATA[EKSISTENSI PRAKTIK JUAL GADAI (ADOL SENDE) PADA MASYARAKAT DUSUN PENTONG KELURAHAN SELOREJO KECAMATAN PUNDHONG KABUPATEN BANTUL ]]>
<![CDATA[Hidayah, Nur Putri]]>;
<![CDATA[Rahadiyan, Inda]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.6003
<![CDATA[Adol sende is a form of assurance that currently exists in rural and indigenous communities. Adol sende is implemented as an effort to fulfill people's life needs. But in practice, there is an extortion element in the implementation of adol sende because the object of guarantee is too long controlled by the creditor (controlled and used). This causes the debtor does not get the economic rights of the land which is used as the object of adol sende. In Article 7 of Act Number 56 Prp.1960 the government provides a limitation of the timing of adol sende implementation to overcome the extortion in farming practices. The purpose of this research is to know how to implement pawn transaction (adol sende) and constraints faced by people who live in Pentong Hamlet, Selorejo Subdistrict, Pundhong District, Bantul Regency in connection with the implementation of Article 7 of Law Number 56 Prp 1960. The research method is empirical sociology, research location is Pentong Hamlet, Selorejo Village, Pundhong District, Bantul Regency. The result of the research is the implementation of adol sende by the people of Pentong Hamlet, in relation to the implementation of Article 7 of Law Number 56 Prp 1960, there was no harmony. The Pentong community remains in their living law, where the implementation of adol sende is unlimited. The obstacles in the implementation of adol sende consists of 2 things, internal constraints because of ignorance of the community itself over the time limits set by the government. While external constraints exist in the absence of education in the form of socialization of the government against the provisions of Article 7 of Law Number 56 Prp 1960.]]>
<![CDATA[PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR ]]>
<![CDATA[Aulia, Farihan]]>;
<![CDATA[Al-Fatih, Sholahuddin]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5993
<![CDATA[The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.]]>
<![CDATA[KEBIJAKAN KELAUTAN DALAM RANGKA MENJAGA DAN MENGELOLA SUMBER DAYA ALAM LAUT SEBAGAI UPAYA MEWUJUDKAN INDONESIA SEBAGAI POROS MARITIM DUNIA ]]>
<![CDATA[Hanim, Lathifah]]>;
<![CDATA[Noorman, Mohammad Shofii Noorman]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5985
<![CDATA[Indonesia has a vision World Maritime Poros. The government's agenda corresponds with the vision include the construction of a maritime culture, maritime resource management, infrastructure development and connectivity maritime, maritime security and defense diplomacy. Marine resources has great potential for the development of the national economy in order to realize Indonesia as the shaft maritime world, however, the setting and its use should be undertaken with caution in order to avoid destruction of the population, habitat and ecosystem. As a developing country, Indonesia must establish closer cooperation with technologically advanced countries to explore the marine resources. In addition, to realize the ideals of Indonesia as the World Maritime shaft must be able to ensure that safety and security in the sea area a top priority.]]>
<![CDATA[PEMBATASAN JUMLAH PEMBUATAN AKTA NOTARIS OLEH DEWAN KEHORMATAN PUSAT IKATAN NOTARIS INDONESIA ]]>
<![CDATA[Kartikosari, Heni]]>;
<![CDATA[Sesung, Rusdianto]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.5999
<![CDATA[To protect the Notary Public Offices and the people who use Notary services related to the legal certainty of the deed made by the Notary, the Central Board of Trustees of the Indonesian Notaries Association issued the Regulation of the Central Board of Honor No. 1 of 2017 on the Fairness Limit of Number of Permanent Deeds. The regulation is determined by the Central Board of Trustees that the limit of fairness in the deed per day is 20 (twenty) deeds. In the fact, there are so many notaries that broke the regulation. So, it must be cleared by a juridical research against that phenomenon. The research method used is normative legal research, that is legal research conducted by examining library materials or secondary law material while in searching and collecting data is done by two approaches, that is law approach and conceptual approach.]]>
<![CDATA[ILLICIT ENRICHMENT DALAM PENEGAKKAN HUKUM PENGAMBILAN IKAN SECARA TIDAK SAH (ILLEGAL FISHING) DI WILAYAH PERAIRAN INDONESIA ]]>
<![CDATA[Raharjo, Endiyono]]>;
<![CDATA[Saputra, Rio]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5988
<![CDATA[With a sea area of more than 5.8 million km² Indonesia into the fields were wet for the perpetrators of illegal fishing, but it is not only those involved in illegal fishing are committing exploitation of marine resources in it, due to ease and expedite actions of those involved in illegal fishing have interference from government officials and private entrepreneurs who help in exploiting marine resources in it. Illicit enrichment officials and private entrepreneurs in committing permudahan and facilitate the exploitation of marine resources by those involved in illegal fishing would be a bad precedent for officials and the private sector, which should keep and explore marine resources so that their needs and income that should belong to the state. Government that is supported by law enforcement in the rigor and candor regulations should be able to make the deterrent effect of government officials and private entrepreneurs who do illicit enrichment.]]>
<![CDATA[HARMONISASI PERDA NOMOR 4 TAHUN 2011 TENTANG RTRW KOTA MALANG DENGAN PERUNDANG-UNDANGAN BIDANG LINGKUNGAN HIDUP ]]>
<![CDATA[Anoraga, Surya]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.6004
<![CDATA[Law that positively regulates the imposition of civil sanctionx, administrative sanctions and criminal sanctions as regulated in Law Number 26 of 2007 on Spatial Planning and more on the local regulation Malang No. 4 of 2011 on Spatial Planning Malang Year 2010- 2030 (RTRW). Administrative and criminal sanctions as a sanction premium remedium while criminal sanctions as a sanction ultimum remedium. Former Act and regulation are still not meticulous in designing/forming. That is evidenced still weakness in some of the provisions in the legislation are still related to civil sanctions, administrative and ceiminal. The legislator has not been meticulous in making decisions RTRW. Hence it need for harmonization between laws and regulations both at the level of local regulations and at the level of the Act.]]>
<![CDATA[UPAYA HUKUM PERMOHONAN EKSEKUSI TERHADAP PUTUSAN NAFKAH HADHANAH (Studi Pelaksanaan Putusan Terhadap Putusan Pengadilan Agama Nomor : 0957/Pdt.G/2014/PA.MLG) ]]>
<![CDATA[Cahyani, Tinuk Dwi Cahyani]]>;
<![CDATA[Komariah, Komariah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5994
<![CDATA[The judge's ruling on the provision of a living has to be protected from legal certainty and justice in the decision Number: 0957 / Pdt.G / 2014 / PA.Mlg if the Petitioner (Defendant) is a civil servant (PNS). Implementation of the provision of income by the Petitioner (Defendant Reconciliation) to the Respondent (Plaintiff of Reconstruction) in the decision Number: 0957 / Pdt.G / 2014 / PA.Mlg. The supporting or inhibiting factor in the provision of the provision of income by the Petitioner (Defendant) to the Respondent (Plaintiff) in Decision Number: 0957 / Pdt.G / 2014 / PA.Mlg which has permanent legal force. To know the implementation of the decision, it is necessary to do research which is a sociological juridical research, using Primary data type which is a decision Number: 0957 / Pdt.G / 2014 / PA.Mlg. Data collection using the analysis of the decision that has been legally fixed (inkracht), interviews, documentation and literature study. The study was taken from the decision of the Panel of Judges in the Religious Courts of Malang and the interviews of the Respondent / Plaintiffs of Reconstruction. in order to be a reference for readers. Meanwhile, there are still obstacles in Malang education office that can not be interviewed because it is not willing to be questioned or information on the grounds there has never been a similar case. The result of research has been done by the researcher that the Petitioner / Defendant of Reconstruction does not fulfill its obligation as it existed in the ruling Decision Number: 0957 / Pdt.G / 2014 / PA.Mlg which is the basis of judge consideration already has elements of justice for the parties because it is in accordance with the circumstances and the ability of the parties to perform their respective obligations. Applicant/Defendant Rekonpensi able to carry out its obligations as an educator as well as a Civil Servant (PNS). Since the verdict was read by the Panel of Judges who had been inkracht, the Petitioner / Defendant of the Reconstruction for three years ignored or neglected his obligations (hadhanah's living). No seizure of guarantee or sanction if Petitioner / Defendant Reconcile neglects to its obligation.]]>
<![CDATA[KEKUATAN HUKUM PELIMPAHAN WEWENANG DARI DOKTER KEPADA NERS DITINJAU DARI ASPEK PIDANA DAN PERDATA ]]>
<![CDATA[Pattypeilohy, Aning]]>;
<![CDATA[Sutarno, Sutarno]]>;
<![CDATA[Adriano, Adriano]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.6000
<![CDATA[This study aims to provide an overview of the power of law in the delegation of authority from the doctor to ners both in writing and not written. In performing health services, especially in performing medical acts, it is necessary to transfer the authority of medical personnel to health personnel in order to create a comprehensive and quality health service, this has been regulated in related legislation. Ners is a profession professional and independent, in carrying out its professional duties ners work in accordance with service standards, standard operating procedures and the provisions of the Act-legislation. As a health worker, the ners may receive a delegation of authority only in writing from the doctor to him or her so that the delegate has the force of law. With the delegation of authority in health services, if there is a loss or legal problems in the future, doctors as authors and recipients of authority can be held accountable both criminal and civil.]]>
<![CDATA[PERAN NEGARA DALAM PENGELOLAAN SUMBER DAYA KELAUTAN BERBASIS KEARIFAN LOKAL UNTUK KESEJAHTERAAN YANG BERKEADILAN ]]>
<![CDATA[Safaat, Rachmad]]>;
<![CDATA[Yono, Dwi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i1.5987
<![CDATA[Marine and coastal area management is necessary to be operated comprehensively and sustainable. The existence of indigenous peoples and traditional society has a role in the marine and coastal areas management, but the legislation has not been fully giving more protection in its management. Economic base development, generally often ignore local society wisdom, so that a clean environment is being polluted as a result of that waiver. Development that materialistic value oriented, only the physical build that actually provide benefits to investors and not the community itself. What kind of justice that ideally obtained by indigenous and traditional peoples to achieve justice that bring prosperity? The government has neglected and must fix the policies in the legislation as a foundation for development without neglecting the indigenous people themselves. Equitable development not just physically, but sustainable development to preserve nature by observing local society wisdom that have taken place to the next. The government still considered neglectful for environmental management.]]>
<![CDATA[MODEL PENGUJIAN PERATURAN PERUNDANG-UNDANGAN SATU ATAP MELALUI MAHKAMAH KONSTITUSI ]]>
<![CDATA[Al-Fatih, Sholahuddin]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v25i2.6005
<![CDATA[Post-reform of the role of judicial institution is run by two institutions namely the Supreme Court and the Constitutional Court. The duties and authorities of the two institutions are regulated in the Constitution of the Republic of Indonesia 1945 and the act that addresses the three institutions more specifically. Several powers possessed by the Supreme Court and the Constitutional Court, one of them is the authority to judicial review. The Constitutional Court is authorized to review the act on the Constitution of the Republic of Indonesia 1945, while the Supreme Court is authorized to review under the Act on the above legislation.The unfairness of the regulatory testing function is feared to trigger bureaucratic inefficiency. Based on data released by the Supreme Court Clerk, it was recorded during 2016 that the Supreme Court received 18,514 cases, including the Hak Uji Materi (HUM) subject to legislation under the Act. While the number of cases of judicial review of the Constitutional Court in 2016-2017 amounted to only 332 cases. Therefore, it is necessary to conduct a bureaucratic reform and provide new ideas related to the model of one court of judicial review in Indonesia. So that in this paper will be discussed deeply about problematic of judicial review in Indonesia and the authority of the Constitutional Court to review the act under one roof with SIJURI mechanism.]]>
