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Veritas: Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafiiyah

veritas
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Published by Universitas Islam As-Syafiiyah

ISSN : 24072494 EISSN : 2655979X DOI : -

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

VERITAS Journal of Law Studies (ISSN: 2407-2494) (E-ISSN: 2655-979X)is a national journal that is published by the Postgraduate of Law Study Program, Faculty of Law, As-Syafiiyah Islamic University, Indonesia. Published twice a year (March and September). Each issue number (issue) amounts to a minimum of seven (7) the title. The journal endeavors to provide forums for academicians and reseachers who are interested in the discussion of current and future issues on Law and Legal studies (see Focus and Scope). The journal is dedicated to the scholarly study of all aspects of national and international law. The journal is committed to the publication of original research on law as science and practice.

Arjuna Subject : -

Articles 126 Documents

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SEJARAH PERBANKAN SYARIAH DI INDONESIA Ikrar Agus Pepi A
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

Sharia banking is anything that concerns about the Bank of Shari'ah and Unit EffortsShari'ah, includes institutional, business activities as well as the manner and process ofcarrying out its business activities. Just as with conventional banks, Islamic banks also offercustomers the bank is in the conventional banking products. Only difference withconventional bank is in terms of pricing, both the sale price and the purchase price. Theproducts on offer is certainly doing your best to really Islami, including in providingservices to its customers. If the specific risks that would be causing varying degrees of bankprofits include liquidity risk, credit risk and interest rates, and risk capital. However,Islamic banks insyaa God trying not face the risk of interest, even though in an environmentwhere the prevailing dual banking system increased the interest rate on conventionalmarkets may have an impact on the increased risk of switching to conventional banks.

METODE DAN KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN KEJAHATAN MAYANTARA Nurul Rachmat
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

Mayantara crime (cybercrime) is a crime that occurs in cyberspace (cyberspace),which does not recognize the use of the internet by anyone and anytime in theworld. So it can be classified that mayantara crime (cybercrime) includingtransnational crime. Therefore, it is transnational, proof of crimes mayantara(cybercrime) is also a matter that requires attention for Indonesia in the context oflaw enforcement and criminal jurisdiction transanasional determines isappropriate criminal law in force in Indonesia. Based on the above backgroundwas appointed problems, namely: Meguraikan Methods And Kebijaakan CriminalLaw Crime Combating Cybercrime Research In this paper is a normative legalresearch or normative juridical research is scientific research to find out the truthbased on the logic of the normative legal scholarship. This study emphasizes theuse of library materials and secondary data. Secondary data consists of primarylegal materials, secondary law, and tertiary legal materials.

ASPEK HUKUM DOKUMEN LINGKUNGAN HIDUP UNTUK LEMBAGA JASA KEUANGAN Kamel Rosyida
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

Settings on the environmental documents in particular the EIA (Environmental ImpactAssessment) required by financial institutions in the financial sector where theregulators, especially Bank Indonesia and the Financial Services Authority (FSA) hasstarted the financial initiatives (sustainable finance) to address sustainabledevelopment solutions. Therefore in 2013 partly Institutions Financial Services hasrequired the EIA document as an assessment of business financing proposal. Thus, onMay 26, 2014 has renewed the collective agreement on increasing the role of theInstitute of Financial Services in the protection and management of the environmentthrough the development of sustainable financial services. This cooperation is in linewith the commitment of the Ministry of Environment to promote environmentallysustainable development, as mandated by Law No. 32 of 2009 on the Protection andManagement of the Environment (Law PPLH).

PERBANDINGAN SISTEM PEMBUKTIAN DALAM PENYELESIAN SENGKETA DI LEMBAGA PERADILAN Heru Widodo
VERITAS Vol 4 No 1 (2018): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

proof is the process of discovering the truth of a legal relationship and theexistence of a concrete legal event has actually taken place. The judge as the mainexecutor of the judiciary to uphold law and justice in addition to basing on theprovisions of material law which is the basis of dispute, is also bound to implementthe provisions of formal law which is also substantive, so it is obliged to conductinvestigation on the evidences presented by the parties. The process ofinvestigating the evidence that strengthens the arguments or arguments of the law,something that can convince the truth of a proposition or establishment. While theevidence is anything that the law can use to prove it. The evidence that can be usedin proof depends on the system of evidence held by both the legal system and thelegal system it embraces. Thus, the proofing process as a decisive essential processfor the justice seekers fulfilled their legal interests and for judges is to find, enforceand apply the law justly to the justice seeker's justice. Implementing the correctproof process according to material law and formal law will help the judge toformulate a legal opinion or legal consideration (ratio desidendi) to determine theattitude or legal standing to decide or sentence a case.

PERLINDUNGAN HUKUM ATAS INFORMASI DAN DATA NASABAH DALAM LAYANAN PERBANKAN DIGITAL Taqiyuddin Kadir
VERITAS Vol 4 No 1 (2018): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

The rapid and sophisticated technological developments in banking activities, cannot be denied has provided ease of access to customers, through the Internetnetwork with the concept of digital banking services. Customers are so pamperedwith the ease of transacting, which can be done anytime and anywhere. Customerloyalty is the main target in line with the intense competition among banks, in aneffort to provide smart, fast and efficient service with the use of informationtechnology. The protection of customer information and data is not sufficient torely solely on legislation issued by the government, but must be complemented andreinforced by the formulation and application of rules or internal policies of banksconcerning information protection and customer data including the process ofobtaining, collecting, processing, analysis, storage, appearance, announcement,dispatch, dissemination and destruction.

AZAS PENCEMAR MEMBAYAR SEBAGAI TANGGUNG JAWAB MUTLAK DALAM UNDANG-UNDANG NOMOR 32 TAHUN 2009 TENTANG PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP Ratna Mulya Madurani
VERITAS Vol 4 No 1 (2018): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

In the framework of Utilitarianism (Utilitarianism) the criteria for determining thegood of a deed is the greatest happiness of the greatest number, the greatesthappiness of the greatest number of people. Utilitarian Theory provides a moralbasis for our responsibility to preserve the environment. According toutilitarianism, an act (or rule) is good, when it brings the greatest pleasure to thegreatest number of people or in other words if it maximizes the benefits. It is clearthat environmental conservation brings the most favorable conditions for allmankind, including future generations.

TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PT. SUMBER SELARAS ENERGI DALAM KEGIATAN USAHA PERTAMBANGAN DI KABUPATEN KOLAKA Nurul Rachmat
VERITAS Vol 4 No 1 (2018): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

PT Sumber Selaras Energi in implementing CSR has been implemented partly associal assistance, but there are still many promises from PT Sumber SelarasEnergi for the welfare of the society that has not been fulfilled until now, and forthe management of the environment itself PT Sumber Selaras Energi is not keepingthe environment because it still drains waste and sludge from the processing ofnickel mining materials to the sea. So far and from the results I get proven that thecompany has not been optimal in implementing CSR as regulated in KolakaRegency Regulation No. 15 of 2014 on Corporate Social Responsibility andEnvironment and Law No.40 of 2007 on Limited Liability Company.

HAK ASASI MANUSIA DALAM PIAGAM MADINAH Muannif Ridwan
VERITAS Vol 4 No 1 (2018): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

This research discusses the principles of human rights in the Medina Charter. Inanalyzing this discussion, the author uses the theory of Maqashid Syari'ah(Purpose of sharia or the philosophy of Islamic law), this theory is very relevant inthe contemporary context in seeing and developing the value and spirit of Islamiclaw into various events. The author also uses universalist theory and culturalrelativism theory. Based on the scope and identification of the problem, thisresearch was reviewed using a juridical-normative and socio-legal approach. Inaddition, the author also uses a historical approach. The principles of humanrights in the Universal Declaration of Human Rights which have also beendescribed in various verses of the Qur'an have seven kinds, namely: The principleof human dignity (al-karamah al-insaniyah), the principle of equality (almusawah),the principle of justice (al-'adalah), the principle of freedom (alhurriyah),the principle of peace (as-salam), the principle of the right to socialsecurity (al-haq fi al-dlaman al-ijtima'i) and the principle of the right to property(al-haq fi al-milkiyah). Meanwhile, the principles of human rights in the MedinaCharter consist of: principles of justice, principles of equality, principles ofreligious freedom and principles of devotion, amar makruf and nahi munkar. Whileon the concept implementation of human rights value in the Medina Charter in theperspective of Indonesianian-ness, the author has summarized the study into threeareas of life; religious, nation and state,consisting of: the field of religiousharmony, the field of law and constitutional enforcement and the field of sociopoliticallife and the development of the political system.

KEBAKARAN HUTAN DI INDONESIA DAN PROSES PENEGAKAN HUKUM SEBAGAI KOMITMEN DALAM MENGATASI DAMPAK PERUBAHAN IKLIM Juliani Juliani
VERITAS Vol 4 No 1 (2018): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

Whereas from the side of legislation, there are enough laws and regulations that regulate fire and pollution or environmental damage. The problem is that law enforcement against forest fires has not been done seriously and optimally, this position reflects that forest fires are deliberate and become an important part of Indonesia's forestry and plantation problems. That the increase of forest / land burning level is at least also influenced by the development of timber industry that is not accompanied by the development of plantation forests as raw material, the amount of opportunity given by the Government to the entrepreneurs to convert the land into large-scale monoculture plantations such as oil palm and timber plantations (HTI), slow law enforcement responds to conversion and combustion measures by employers on the grounds of increasing PH levels (soil fertility).

PERLUASAN KEDUDUKAN DAN PERAN ALAT BUKTI PETUNJUK DALAM PEMBUKTIAN PERKARA PIDANA MENURUTPASAL 183 KUHAP Dimas Dwi Aristia
VERITAS Vol 4 No 1 (2018): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah

The judge shall not obtain such beliefs from any circumstances known from outside the proceedings. However, it must obtain from the evidence of valid evidence and additional evidence of evidence contained in the proceedings, in accordance with the conditions prescribed by law, in the event that the defendant does not recognize from or with any testimony at least, lack of two witnesses who have been lawfully sworn in the court.The research specification used is descriptive analysis. Descriptive because of the results of this study is expected to obtain a comprehensive and systematic picture of the extension of the position and the role of evidence evidence related to the issues raised in this study. Analytical because then from the results of research conducted an analysis of the problems of role extension and the position of evidence evidence.Legal Considerations The Constitutional Court Decision Number 20 / PUUXIV / 2016 has brought legal issues in the enforcement of cyber law in Indonesia, namely the annulment of Article 5 paragraph (1) and paragraph (2) which is considered to have no legal force and with the addition of Conditional Proof in the context of law enforcement on cyber cases, has hampered and weakened law enforcement in the imposition of criminal sanctions against perpetrators of cyber crime.

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