Nurani Hukum : Jurnal Ilmu Hukum
Nurani Hukum : Jurnal Ilmu Hukum Nurani Hukum : Jurnal Ilmu Hukum also known as Nurani Hukum is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law. Nurani Hukum: Jurnal Ilmu Hukum is published by Faculty of Law, University of Sultan Ageng Tirtayasa in Collaboration with Pusat Kajian Konstitusi Perundang-Undangan dan Pemerintahan (PKKPUP). periodically published in December and June and the approved and ready to publish in the website and hardcopy version will be circulated at every period. Therefore, all articles published by Nurani Hukum: Jurnal Ilmu Hukum will have unique DOI number. In 2021, the Nurani Hukum requires English as its main language, and therefore accepts journals only in English.
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<![CDATA[Legal Protection of Uncertified Waqf Land in Indonesia ]]>
<![CDATA[Mutiara Hamdalah Munandar]]>
<![CDATA[ Nurani Hukum Vol. 4 No. 1 Juni 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v4i1.11235
<![CDATA[This study aims to determine the legal protection of uncertified waqf land in Indonesia. This research uses descriptive analysis, which describes the fact or certain legal events that occur in society. The result of this research is that waqf land that does not have a certificate can be protected by law. It is a waqf land that meets the terms and conditions and can be proven, judges of the Religious Court are of the opinion that the waqf land without a certificate can be guaranteed its protection with the Wakaf Pledge Deed and witnesses and evidence. other written documents that clearly explain the position of the donated land. The public is of the opinion that a waqf will be guaranteed protection when it has been used for religious purposes or other public interests. In the future, it is hoped that all parties will have a correct understanding of the procedures and processes of waqf, that waqf is not only up to having AIW but waqf land must be registered with the National Land Agency and have a certificate to guarantee its legal protection.Keywords: Waqf; Certificate; Religious Court. ]]>
<![CDATA[The Legal Responsibility of Employers for Paying Wages of Workers who are Temporary Layoffs During the COVID-19 Pandemic ]]>
<![CDATA[Avita Gayatri Kresnapratiwi]]>
<![CDATA[ Nurani Hukum Vol. 4 No. 1 Juni 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v4i1.11226
<![CDATA[The COVID-19 pandemic has an impact on the economic downturn in every company, so many companies choose to temporary layoffs their workers. In the case of wages for workers who are temporary layoffs, employers are not allowed to not pay wages while the workers are temporary layoffs, so if the employer is unable to pay the workers' wages according to the minimum wage, the employer can postpone the payment of wages, but must first negotiate with the workers/laborers or labor union. For this reason, this article was written with the aim of knowing the responsibility of employers when temporary layoffs workers during the COVID-19 pandemic. The type of research used by the author in this study is normative juridical research, using descriptive analysis using library data as the main data. The results of this study can be concluded that the act of temporary layoffs workers was chosen by the employer as an effort to anticipate the occurrence of termination of employment. The responsibility of employers if they do not pay full wages to their workers during the COVID-19 pandemic employers can be fined, as regulated in Article 55 paragraph (1) of Government Regulation Number 78 Year 2015 concerning Manpower Wage, whereas for workers because their wages are not paid, they can file a termination between the worker and the employer because employers do not pay wages on the promised time for 3 consecutive months or more and do not do what has been promised.]]>
<![CDATA[Individual Companies as New Legal Entities in Law Number 11 of 2020 on Job Creation ]]>
<![CDATA[Wiwin Budi Pratiwi]]>
<![CDATA[ Nurani Hukum Vol. 4 No. 1 Juni 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v4i1.11266
<![CDATA[The government, through Law Number 11 of 2020 on Job Creation encourages the ease of doing business for Micro and Small Business actors with the formation of individual corporate legal entities. This policy of forming a private company is a new breakthrough from the government and can be used as a stimulus to restore economic conditions. The establishment of this individual company is further regulated in Government Regulation Number 8 of 2021 on Company Authorized Capital and Registration of Establishment, Amendment and Disbanding of Companies that Meet the Criteria for Micro and Small Businesses. The type of research used is normative juridical. The data analysis was conducted in a descriptive qualitative manner. The results show that this individual company is a new legal entity created by the rolling of the Job Creation Law. Business actors who will register an individual company must meet the criteria for micro and small businesses as stipulated in the provisions of laws and regulations regarding micro and small businesses regulated in the Law Number 20 of 2008 on Micro, Small and Medium Enterprises. Various facilities are provided to business actors, such as registering individual companies by filling out electronic forms and not requiring a notary deed. Business actors are facilitated by the existing regulations in the management of the company because as the sole owner, the existence of financial reporting obligations makes it easier to monitor the company's financial governance which is useful, especially for access to capital loans to banks.]]>
<![CDATA[Indonesian State of Law is an Aspired Concept ]]>
<![CDATA[Diya Ul Akmal]]>
<![CDATA[ Nurani Hukum Vol. 4 No. 1 Juni 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v4i1.9265
<![CDATA[The state of law is the concept of a state based on applicable law. In the development of the state, there are two concepts of state of law used by countries in the world, namely rechtstaat and rule of law. These two concepts also inspired the Indonesian state of law but were not followed absolutely. Indonesia is still building a legal system with a culture of society. Therefore, this study aims to describe the development of the state of law in Indonesia. This study uses a normative juridical method by using secondary data and is narrated with scientific logic. Conceptually, Indonesia does not follow the concept of rechtstaat or the rule of law because it is different from national identity. The social condition of the community consisting of various ethnic groups forced Indonesia to develop its own concept of a state of law. There is hope in the formation of laws carried out by the state, which is not only to realize the rule of law but must provide benefits to the community. Pancasila as a crystallization of the values of people's lives can actually fulfill this goal, but until now it has not been realized properly. In law enforcement, community justice must be formulated as a mandatory thing to be implemented. Every individual in society must be protected every right he has. So that the concept of the state of law in Indonesia must be correlated with the formation of useful laws and fair law enforcement. If this has been formed and is running well, then the Indonesian state of law that is beneficial to the community is not just wishful thinking.]]>
<![CDATA[Indonesian Criminal Law Procedure Paradigm Shift: Establishing the Virtual Criminal Court ]]>
<![CDATA[Ariesta Wibisono Anditya]]>
<![CDATA[ Nurani Hukum Vol. 4 No. 1 Juni 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v4i1.10609
<![CDATA[Indonesia, like other countries in the world, struggles as pandemic strikes. Such condition force every subject involved in the criminal justice system to administer technology to suppress the spread of the virus by social distancing. However, the sudden turn to employ modern technology has made the justice system moved into a new place called the virtual court. This pandemic situation also forces the shift of the conventional criminal court to the virtual criminal court paradigm. This article discusses the history of virtual criminal court in Indonesian Criminal Justice. This research employs a descriptive-normative method. The information collected by applying a historical approach and theoretical approach. Relevant data then studied and evaluated. The result then explained and described clearly. Indonesia is ready to implement virtual criminal justice. The shift from formal criminal court proceeding into virtual criminal court proceeding is applicable in Indonesia since 2002.Indonesia, seperti negara di dunia lainnya, mengalami pandemi yang memaksa para pihak dalam sistem peradilan pidana untuk social distancing dalam rangka menekan persebaran virus dan menggunakan teknologi. Satu sisi, Indonesia dapat dikatakan belum siap menghadapi elaborasi antara teknologi dan aplikasi hukum yang masih perlu perbaikan. Hukum Acara Pidana di Indonesia telah mengalami rangkaian perkembangan begitu juga dengan peraturan perundang-undangan lainnya yang sangat sinergis dengan teknologi seperti Undang-Undang Informasi dan Transaksi Elektronik yang mampu memperluas alat bukti. Kini hampir setiap asas dalam hukum acara pidana mengalami perubahan, khususnya proses beracara yang dari model tradisional menjadi daring. Artikel ini membahas mengenai sejarah perkembangan hukum acara pidana yang fokus utamanya mengenai pergeseran paradigma berperkara pidana luring menjadi daring. Metode penelitian yang digunakan adalah normatif deskriptif, hasil pengumpulan informasi dan data kemudian dianalisis dan dijabarkan secara eksplanatoris. Kesimpulan penelitian ini antara lain, Indonesia telah menghadapi persidangan daring jauh sebelum pandemi yakni pada saat mantan Presiden BJ Habibie memberikan kesaksian pada sebuah kasus korupsi Bulog tahun 2002 silam sehingga dapat dikatakan Indonesia telah siap menerapkan proses peradilan pidana yang bersifat daring.]]>
<![CDATA[Reconstruction Of Status And Material Content Of The People's Consultative Assembly Legal Products In Indonesia ]]>
<![CDATA[Ela Nurlela]]>
<![CDATA[ Nurani Hukum Vol. 4 No. 1 Juni 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v4i1.11270
<![CDATA[The current constitutional dynamics have negated the People's Consultative Assembly (MPR) authority to issue legal products (regelling) through amendments to the 1945 Constitution and have resulted in equal standing between state institutions. So that several problems arise as an implication of the change in the powers of the MPR, for example regarding the state planning system, the existence of the existing MPR Decree in the statutory system of law, and the implications for the Indonesian constitutional system which confuse the MPR's authority as a state institution. This paper will also contain several changes and ideas in the constitutional system to answer various problems, through repositioning the position of the MPR, forming a legal product review body for the MPR, and implementing the fifth amendment to the 1945 Constitution, and arranging Indonesian legislation.]]>
<![CDATA[The Effectiveness Of Government Regulation Concerning Marriage Recording For Baduy Banten Believers ]]>
<![CDATA[Muhamad Muslih]]>;
<![CDATA[Eki Furqon]]>
<![CDATA[ Nurani Hukum Vol. 4 No. 1 Juni 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v4i1.9622
<![CDATA[The aim of this research is to know some descriptions of the situation, conditions, circumstances, and realities of population administration management and marriage registration in the Baduy community. Then another goal is to know how the role of the government is to overcome this. The specific target to be achieved from this research is to ensure that the Baduy community can complete their population administration and be more maximal in registering their marriage to the KUA and having a marriage certificate as a manifestation of obedience to Law Number 1 of 1974, especially Article 2 paragraph 1 and paragraph 2 and National Law. For more than 40 years, believers of faith have been discriminated against and cannot legally register their marriage because they have to marry based on one of the religions recognized by the state. A few moments later Joko Widodo issued Government Regulation (PP) Number 40 of 2019 concerning Implementation of Law No. 23 of 2006 concerning Population Administration, one of which recognizes and regulates the procedures for marriage between religious believers. The issuance of this PP eliminates the discrimination that has so far been experienced by believers. Believers of faith experience discrimination to get population services as Indonesian citizens (WNI). This raises various problems in the form of discrimination in making e-ID cards, registration of marriage certificates, and others. The research method used is by using the juridical normative and sociological normative approaches. Juridical Normative in the form of discussion of several laws and regulations made by the government which are enforced to regulate population administration and marriage registration for believers. Sociological Normative Research on law constructs law as a system of statutory regulations that have existed so far constructed in a society's behavior. The research specification used is descriptive analytical which aims to describe, analyze, and systematically analyze certain facts. The data in this study were collected and compiled in a narrative form and then analyzed qualitatively. Sources of data used in this study were obtained from Library Research. This study also uses primary and secondary data sources which are analyzed using qualitative methods, with data collection techniques from literature studies and field studies to Baduy. Interviews and observations were conducted to obtain the necessary data. The results of the study show that Government Regulation Concerning Marriage Recording For Baduy Banten Believers has not been effective. Socialization from all parties regarding this Government Regulation to the KUA leader of the Ciboleger area and the Banten Baduy people must be carried out because even though the government has facilitated Population Administration and marriage registration for believers in Government Regulation Concerning Marriage Recording For Baduy Banten Believers, in reality this has not been effective.]]>
<![CDATA[Legal Protection of the Rights of the Defendant in Criminal Trials through Electronic Media ]]>
<![CDATA[Ida Bagus Anggapurana Pidada]]>
<![CDATA[ Nurani Hukum Vol. 4 No. 1 Juni 2021 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Sultan Ageng Tirtayasa ]]>
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DOI: 10.51825/nhk.v4i1.11078
<![CDATA[The Covid19 pandemic also affected the law enforcement process in Indonesia, including the law enforcement process in court. In the online trial, the problem is how the position / existence of the judge who should be able to control the trial process who is not in the same room as the defendant. It is feared that the existence of this difference in location will result in the weakening of the judge's decision making to be able to dig deeply the hidden truths in a case. Operational constraints in the availability of an internet connection also have the potential to become a problem in the implementation of criminal proceedings. Trials with electronic media are one of the modern legal solutions that cannot be avoided along with the advancement of the digital world and globalization. Even so, the rights of the defendant in the trial using electronic media must also be guaranteed protection for the sake of upholding justice in the law. This type of research is normative juridical legal research. The normative juridical approach is a research that examines the study of documents, namely using various secondary data such as statutory regulations, court decisions, legal theory, and it can be in the form of the opinions of scholars. Legal protection for the defendant in a trial using electronic media is regulated in the Supreme Court Regulation No. 4 of 2020 concerning Electronic Administration and Trial of Criminal Cases in Courts. Legal protection for the rights of the defendant has been regulated in Law Number 8 of 1981 concerning Criminal Procedure Law in articles 50 to Article 68. In addition, legal protection for the rights of the accused as stipulated in the Universal Declaration of Human Rights (DUHAM) also applies. .]]>
