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Ajudikasi : Jurnal Ilmu Hukum
Published by Universitas Serang Raya
ISSN : 26139995     EISSN : 26140179     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Adjudication: Journal of Law for contains a research results and studies in various fields of legal science. Journal adjudication is published 2 (two) times a year in June and December. Journal adjudication has been registered at the Scientific Documentation and Information Center (Pusat Dokumentasi dan Informasi Ilmiah - PDII) of the Indonesian Institute of Sciences (Lembaga Ilmu Pengetahuan Indonesia - LIPI) with ISSN Number 2613-9995 (print) and 2614-0179 (online). The manuscript published in the journal of adjudication will be published by Faculty of Law of Universitas Serang Raya, both printed and online through the Open Journal System (OJS) at http://e-jurnal.lppmunsera.org
Arjuna Subject : -
Articles 9 Documents
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Search results for , issue "Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum" : 9 Documents clear
Tanggungjawab Pejabat Pembuat Akta Tanah atas Pembatalan Akta Hibah: Studi Putusan Nomor : 3750/Pdt.G/2021/PA.JS Melvina; Ariawan Gunadi
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6360

Abstract

The land deed registrar has the authority to make authentic acts concerning certain legal acts or rights to land as regulated in Government Regulations Number 24 of 2016 on the regulations of the land deed department. The one where there is a fact on the ground that many incidents of cancellation of grants are assessed to not give a sense of justice for the parties, because of the lack of responsibility of the land deed registrar both in terms of form and material as the official authority to make grants rights on the land. The purpose of this research is to know and analyze the responsibility of the land registry officer for the cancellation of the grant act and to know the legal force of the subsidy act made by the land registry officer. This study uses a type of normative legal research. The results of the research showed that the grant acts made by the authorized land registrar officials are expected to qualify for the grant, and in terms of form and material, when there are errors committed by the land registrar officer, then the land registrar officer can be charged with administrative, civil, and criminal liability.
Analisis Yuridis Ketentuan Hukum yang Hidup dalam Masyarakat pada Kitab Undang-Undang Hukum Pidana Indonesia Ade Irawan; Margo Hadi Pura
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6453

Abstract

The research on "Juridical Analysis of Provisions Regarding Living Laws in the Community in the National Criminal Code" is motivated by the emergence of the issue of including provisions regarding living law in the National Criminal Code. This study aims to explore the position of customary law in Indonesian positive law and to analyze in depth the existing legal arrangements in the Criminal Code. This study uses a normative-conceptual legal research method, focusing on laws and norms that apply in society and collecting data through library research. After conducting research, the results show that the recognition of customary law community units has been contained in the 1945 Constitution of the Republic of Indonesia, which at the same time recognizes applicable customary law, but the Criminal Code, which was adopted from the Netherlands, has not contained rules regarding customary law; only the National Criminal Code contains provisions regarding living law as an extension of the principle of legality, accompanied by sanctions, and the method of application, which, in the dynamics of society, still raises pros and cons. For this reason, the state must also provide the best legal certainty regarding this matter, including being willing to accept all forms of aspirations from the community and being willing to review the National Criminal Code if there is a request for review at the Constitutional Court.
Implementasi Undang-Undang Pornografi dan Undang-Undang Transaksi dan Informasi Elektronik terhadap Konten Bermuatan Ketelanjangan sebagai Kebebasan Berekspresi di Media Sosial Mhd. Abyan Fauzi
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6480

Abstract

In the context of people's rights, posting nudity-containing content on social media is frequently linked to freedom of expression. Instead, Indonesia upholds moral principles, ethics, decency, and noble conduct at all times to preserve human dignity. This study looks at how electronic information and transaction regulations, as well as laws against pornography, are being applied to social media content that contains nudity. By adopting a normative and sociological legal approach to a variety of literary works as well as laws and regulations, this study uses the library research method. The findings of this study demonstrate that posting nudity-containing material on social media is, in theory, a banned act under the law. However, the lack of specific guidelines for nudity standards and penalties has consequences for many uploads of nudity-containing content on social media, which is readily accessible by anyone, anywhere, at any time. In order to create a helpful environment free of pornography, this study urges the public authority to create regulations controlling and managing the use of the internet and social media.
Politik Hukum Pembentukan Peraturan Perundang-Undangan Pasca Perubahan Kedua Undang-Undang Nomor 12 Tahun 2011 Nadia Ayu Febriani; Ryan Muthiara Wasti
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6483

Abstract

Article 22A of the 1945 Constitution of the Republic of Indonesia mandates the establishment of a rule regarding the law-making process, which serves as a guideline for the law-making process from its inception until the regulation is enacted to the public. However, in its implementation, problems are still related to the law-making process in Indonesia. This normative research uses a statutory and conceptual approach that specifically looks at "over regulated" or "legal obesity” to analyze the legal politics of the formation of laws and regulations after the second amendment of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. In this context, there is an overlap between one law and another, which creates sectoral egos and results in legal uncertainty in its application. One of the causes of this legal obesity is the lack of regularity in the law-making process. In this case, legislators do not always refer to the guidelines for the law-making process and the principles for forming statutory regulations as stipulated in the law-making process regulation. In addition, the law still needs to be optimal in fulfilling meaningful participation. Therefore, the author will analyze the politics of law of the amendments of law-making process regulation after the Constitutional Court Decision Number 91/PUU-XVIII/2020, which includes accommodating the omnibus method and the concept of meaningful community participation as a solution for overlapping legislation in Indonesia.
Omnibus Law dalam Konstitusi Indonesia: Studi Perbandingan Indonesia, Amerika Serikat, dan Filipina Kania Venisa Rachim; Christo Sumurung Tua Sagala; Eddy Mulyono
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6485

Abstract

The Omnibus Law is often discussed and debated, especially in its implementation in Indonesia. Omnibus Law is considered as a solution to make legislation more efficient, Omnibus Law is something new in the formation of legislation in Indonesia. Previously, the Omnibus Law was often used in the common law legal system, and several civil law countries have also implemented the Omnibus Law. In this study, the authors examine the United States and the Philippines. The concept of the Omnibus Law is not only used for one type of law but has penetrated into other sectoral laws. In the Philippines, since 2003 the Omnibus Law has been enacted as a method for forming legislation. It is different from the United States, which has implemented the Omnibus Law since 1850. This research refers to a comparison of the Omnibus Law in the Philippines because the Philippines is a country in the Southeast Asia region just like Indonesia and adheres to a legal system that combines common law and civil law which does not very different from Indonesia, further comparison with the United States Omnibus Law, because the United States is also one of the countries that is the mecca of world law. This study uses normative legal research, using secondary data which is processed using qualitative techniques. This study uses a comparison of two countries which makes this research different from other research related to the Omnibus Law, with the aim of examining the position of the Omnibus Law in Indonesia and making comparisons with the United States and the Philippines.
Mewujudkan Kopi Cinangka sebagai Produk Unggulan dengan Perlindungan Indikasi Geografis di Kabupaten Serang Inge Dwisvimiar; Hafifa Khairunnisa
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6456

Abstract

Serang Regency is one of the areas that does not yet have registered Geographical Indication products, although there are many natural potentials, such as Cinangka coffee, that must be protected within the framework of Geographical Indications as a characteristic of agricultural products in Banten Province. The aim of the research is to identify opportunities for Cinangka coffee in Serang Regency based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and efforts to realize Cinangka coffee as a superior product that has the potential to become a geographical indication in Serang Regency. This type of research is normative-empirical legal research; the focus of the study is on legal norms and the application of law in society. The sources of data used are secondary and primary data. The data analysis used is qualitative. The results of the study show that to identify opportunities for Cinangka coffee in Serang Regency, based on Law Number 20 of 2016, concerning Trademarks and Geographical Indications, it is necessary to use a book of requirements or a predetermined description document. In Article 6 paragraph (3) of Government Regulation on Geographical Indications Number 51 of 2007 and Regulation of Law and Human Rights Number 12 of 2019 concerning Geographical Indications, the Cinangka Coffee description document contains six points out of the ten required. Efforts to realize Cinangka coffee as a superior product include efforts by local governments through training, supervision, and the provision of production support tools, as well as community efforts, namely involving members of coffee producers in various programs launched by local governments to increase productivity and marketing, as well as introducing Cinangka coffee products to the wider community.
Implementation of the Carbon Tax Policy in Indonesia: Concepts and Challenges Towards Net Zero Emissions 2060 Juan Matheus; Nadya Frisca Delicia; Rasji
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6464

Abstract

The current increase in the earth's temperature and significant climate change have a negative impact on the sustainability of all living things. Indonesia is one of the countries that is committed to suppressing greenhouse gas production through a carbon tax policy regulated in the Law on Harmonization of Tax Regulations as a net zero emission instrument. However, until now, this carbon tax policy has not been realized by the government because it is hindered by several factors, such as unclear plans for implementing carbon tax implementation and determining effective tax rates due to limited resources and inadequate capacity. This study aims to examine the concepts and challenges of implementing a carbon tax as a net zero emission instrument after the enactment of the Tax Harmonization Law in Indonesia. The research method used is normative-juridical, with a statutory approach and a conceptual approach using secondary data obtained through library research. Based on research results, the implementation of a carbon tax in the national tax agency is considered very important and must be carried out immediately to restore environmental damage due to carbon dioxide emissions, which have been agreed to be reduced by 29% in 2030 and achieve net zero emissions in 2060. Therefore, the government needs to immediately finalize derivative regulations regarding the carbon tax mechanism and other accompanying policies so that every carbon produced can be taxed to increase national tax efficiency.
Dinamika Pemberian Dispensasi Kawin dibawah Umur oleh Hakim Pasca Perubahan Undang-Undang Perkawinan Nada Putri Rohana; Wilda Rahma Nasution
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6448

Abstract

The granting of marriage dispensation by judges experienced a discourse from the age of marriage, which originally occurred because of the age difference between men and women, which caused family conditions that were not solid, with the younger age of women causing marriage to look more discriminating against women in the purpose of marriage. Then it changed to a regulation that equalized the age limit for marriage for both men and women. In the treatment of deviations from the rules of marriage age, it is also emphasized that there is equal treatment. However, this cannot limit the judges' ability to render judgments. The examination of marriage dispensation must be carried out thoroughly, so the focus of this study is on how the dynamics present in each decision by judges need to be analyzed. The research method is a study of normative law related to the provisions of the marriage dispensation. The analysis is carried out with the theory of judicial power, which includes legal justice, legal certainty, and legal expediency. The results showed that every judge's decision is affected by the disparity of the judgment on the granting of marriage dispensation when the judge does not examine all the offenses of the application for dispensation in the search for the application for dispensation, which becomes the basis for the judge to consider the decision. So that stigma for urgent reasons does not become unclear and clear. Therefore, every trial must systematically follow the judicial process in order to realize the purpose of marriage.
Eksplorasi Kebijakan dan Hukum Tentang Green Economy ditinjau dengan Islamic Legal Maxims di Indonesia Imam Kamaluddin; Bagus Setiawan; Ahmad Havid Jakiyudin
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 1 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i1.6465

Abstract

Based on Indonesian ideals of environmental concern, the green economy was started to transform economic development. The green economy is a spoke of sustainable development because of its revolutionary and transformative effects in the fields of economics, society, and the environment. Unintentionally, numerous laws and regulations include provisions related to the green economy. It is fascinating to analyze from the standpoint of Islamic legal maxims (fiqh rules or qawaid fiqhiyyah) in order to illuminate the significance and motivation behind the adoption of pertinent legal rules and policies. This study intends to investigate the substance of legal studies on the green economy in Indonesia before further analyzing it in light of Islamic legal principles. The research findings are interpreted using a normative juridical research technique. The study of positive law and the literature on Islamic law are sources of information. The study's findings indicate that there isn't a particular law that has provisions related to the green economy in terms of terminology. However, laws and government rules pertaining to environmental protection from an economic standpoint can be found that contain the substance. Therefore, in Presidential Decree No. 98/2021, the government more thoroughly regulates it. Government initiatives and laws pertaining to the green economy can be seen from the perspective of Islamic legal maxims as fulfilling fiqh norms. The current policy is a legal requirement that obliges the legal community to abide by it and contribute to the realization of a green economy. It represents the government's goal to eliminate the risks brought on by environmental degradation.

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