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Al-Adl : Jurnal Hukum
Published by Universitas Islam Kalimantan Muhammad Arsyad Al Banjari
ISSN : 19794940     EISSN : 24770124     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al - Adl : Jurnal Hukum is a journal that contains scientific writings in the field of law either in the form of research lecturers and the results of studies in the field of law published the first time in 2008 with the period published twice a year. Al - Adl Journal of Law is registered in LIPI with the code E-ISSN 2477-0124 and P-ISSN 1979-4940. Every script that goes into the editorial will be reviewed by reviewers in accordance with the field of knowledge. The review process is not more than 1 month and there is already a decision about whether or not the submission is accepted.This journal provides open access which in principle makes research available for free to the public and will support the largest exchange of global knowledge. Al Adl : Jurnal Hukum publihes twice a year (biannually) on January and July focuses on matters relating to: - Criminal law - Business law - Constitutional law - State Administration Law - Islamic law - The Basic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
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Search results for , issue "Vol 14, No 2 (2022)" : 12 Documents clear
Penyelesaian Tindak Pidana Fidusia Melalui Pendekatan Restorave Justice Iwan Riswandie
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6972

Abstract

Criminal acts are usually resolved through a procedural mechanism through the principle of legality with what is outlined through the provisions of the legislation. Restorative justice will be able to solve criminal problems which are not only seen in procedural settlement with an orientation towards punishment but also in the agreement of the parties. Criminal problems related to fiduciary with the criminal provisions of Articles 35 and 36 of the Fiduciary Act must see and be oriented to restorative justice to be able to solve the problem. This paper examines the Settlement of Fiduciary Crimes through a restorative justice approach. The method used is normative legal research with a statutory approach and a conceptual approach. In conclusion, restorative justice is prioritized not the punishment for the offender, but on how the perpetrator can bear responsibility for the acts committed and how the victim can get justice so that the situation can be recovered. Therefore, the main thing in the settlement of fiduciary crimes is the restoration of the original state, then with the emphasis on criminal law, of course, the debtor as the offender of the violation has the impetus for resolving this case, so that with this agreement with a strong pressure value in criminal law, the opportunity for settlements will be more achievable and far more beneficial than just punishing the offender.
Analisis Yuridis Tentang Bentuk Berlaku Adil Dalam Perkawinan Poligami Fathan Ansori
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6582

Abstract

Law Number 1 of 1974 concerning Marriage and Islamic Law allows a husband to be polygamous as long as he fulfills the specified requirements, including being fair to his wives. However, the law does not provide an explanation and regulation of the meaning and form of justice. Therefore, this study aims to determine the legal ratio of polygamous marriages and fair forms in polygamous marriages. This research uses normative legal research, namely research on secondary data in the form of primary, secondary and tertiary legal materials. The legal materials were collected through literature study. The legal materials that have been collected are then processed and analyzed qualitatively. The results of the study indicate that based on the opinion of legal experts, the legal ratio of polygamous marriages is for the benefit of mankind and preventing immoral acts committed by men. Then according to the opinion of legal experts that the fair form in polygamous marriage is in the form of external justice, and not spiritual justice.
Hakikat Asas Pemisahan Horizontal Dalam Hukum Adat Adwin Tista
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.7040

Abstract

The principle of horizontal separation in Indonesian Agrarian Law has a philosophical meaning of maximizing the utility of land for people's lives, including for the indigenous communities. The existence of this is to realize social justice for the people of Indonesia. The tangible manifestation of the horizontal separation is in the case of plantation business management between land owners in cooperation with plantation business actors as capital owners. However, in practice, there needs to be an adjustment from the application of the horizontal separation principle with the rules of customary law that apply to indigenous peoples so as not to cause problems or conflicts of norms, because that's why the horizontal separation principle in customary law must essentially be based on the value of utility and justice. The solution to this problem is to carry out legal reconstruction in the field of land administration to support the principle of horizontal separation which will be a solution to maximize the function of the land. In the context of realizing equitable social justice, both from land owners and capital owners by making a government regulates plant registration in the context of plantations and building registration, in addition to the existing Government Regulation No. 24/1997 on Land Registration. This research uses a normative method by conducting a literature study using two legal materials, namely primary legal materials and secondary legal materials, with a legal approach, a conceptual approach, and a case approach.
The Duty And Authority Of Regional Notary Supervisory Board Regarding Reports From The Public On Alleged Violations Of The Code Of Conducts Margo Hadi Pura; Maharani Nurdin
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6521

Abstract

The notary is a public official who is authorized to make an authentic deed and has other authorities as referred to in the laws. This regulation is stated in Article 1 point 1 of Act No. 2/2014 on the Amendments to Act No. 30/2004 on the Notary (hereinafter referred to as the Notary Act). In the provisions of the Notary Act, there were many changes regarding the authority of the Regional Notary Supervisory Board in supervising and fostering Notaries. The task of the Regional Notary Supervisory Board is to supervise Notaries as referred to in the Notary Act and the Minister of Law and Human Rights Regulation No. M.02.PR.08.10 of 2004 on Procedures for Appointing Members, Dismissing Members, Organizational Structure, Work Procedures, and Audit Procedures. The Regional Notary Supervisor Board has the authority to carry out supervision according to Notary Act, In the provisions of Article 1 point 3 of the Minister of Law and Human Rights Regulation No. 15/2020 on Procedures for Examination of the Supervisory Council Against Notaries which stipulates that a report is a complaint from the public as a party who is harmed due to the behavior and/or implementation of the position of a Notary, as well as reports originating from the exercise of the authority of the Supervisory Board.
Inventarisasi Makanan Khas Tana Luwu Sebagai Bentuk Perlindungan Hukum Indikasi Geografis Fitriani Jamaluddin; Muhammad Ashabul Kahfi; Fitriah Faisal
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.5907

Abstract

The purpose of this study is to take an inventory of Tana Luwu's special food, the factors that cause the absence of Tana Luwu's special food that is registered with geographical indications and to describe the efforts that can be made by the Local Government in Tana Luwu in providing protection for Geographical Indications of Tana Luwu's Products. The method used in this research is empirical research. The informants in this study are food businesses in Tana Luwu and the government from the Cooperatives and MSME service in Tana Luwu. Research data was obtained by conducting observations, interviews, and documentation and then processed qualitatively. In Tana Luwu, there are no special foods that receive geographic indication protection, due to several factors, including the absence of data related to typical foods in the Tana Luwu area, and the lack of socialization related to the importance of legal protection of geographical indications for typical foods. Cooperation is needed between the Government, typical food entrepreneurs, and academics in providing legal protection for geographical indications for typical foods in the Tana Luwu area.
Potensi Bumdes Berbasis Syariah Pasca Legalisasi UU Nomor 11 Tahun 2020 Tentang Cipta Kerja Nunik Nurhayati; Brillian Feza Eryan Prasetya; Rina Nur Widyastuti; Muhammad Edi Hermawan
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.5279

Abstract

This study aims to discuss the regulation of Village Own Enterprise (BUMDes) and the opportunities for sharia BUMDes after the legality of the Job Creation Act. The research method used is normative-juridical research, which is carried out by analyzing interrelated laws and regulations, as well as collecting related information through books, scientific journals, scientific research results, articles, and other valid supporting sources from the internet. Then based on these sources will be processed and analyzed based on the formulation of the problem that has been determined, in order to obtain a solution to the problems that occur. The emergence of the formulation of BUMDes in the Village Act has become an essential provision for villages to be able to try to advance their territory. Villages with all the local culture inherent in them are required to be able to advance independently, with the spirit of mutual cooperation through the implementation of BUMDes in their area. After the issuance of the Job Creation Act, BUMDes underwent significant changes that required a legal entity as its embodiment. However, to date, there have been no further provisions that stipulate with certainty the types of business with legal entities that are relevant to be applied by village communities. In order to reach benefit from the diversity of potentials in the village, the development of sharia cooperative business is a universal recommendation for villages to advance the economy in their area.
Wasiat Sebagai Penyeimbang Pembagian Warisan Menurut Hazairin Perspektif Teori Keadilan Distributif Aristoteles Muhammad Misbakhul Ulum; Zaenul Mahmudi; Moh. Toriquddin
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6019

Abstract

The division of inheritance is a problem that will be faced by every family of Muslims.Jumhur ulama has established a method of division of property, namely by the method of inheritance. However, Hazairin has his own thought that the distribution of inheritance is not only done by inheritance method, but can also be compromised with a will in order to provide justice for each existing heir. This study aims to examine more deeply about the method offered by Hazairin, whether it can provide justice for the heirs or not. Therefore, a deeper study is needed using Aristotle's theory of distributive justice. The research uses a qualitative approach with the type of character study research, using secondary legal materials. The results showed that Hazairin's goal of making a will as a counterweight in the distribution of inheritance was to provide a share that was in accordance with the conditions of each heir, both in terms of weaknesses and strengths that were not considered in the inheritance system. Furthermore, the method initiated by Hazairin has met the indicators of Aristotle's distributive justice including being in accordance with the law, impartial, and proportional.
Kejahatan Kekerasan Dan Brutalisme Massa (Perspektif Kriminologi) Yulianis Safrinadiya Rahman
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6284

Abstract

Indonesia is a country based on the rule of law, not mere power. This statement is explicitly stated in the general explanation of the 1945 Constitution of the Republic of Indonesia. This shows that Indonesia is a state of law, and as a state of law, Indonesia accepts law as an ideology to create order, security, justice, and welfare for its citizens. The criminal law currently in force in Indonesia is a codified criminal law, i.e. most of it and the rules have been compiled in a single law called the Criminal Code. Crime is an act that violates ethics and morals so that a crime committed by an offender has a detrimental impact on other people as legal subjects. Crimes of violence and mass brutalism that are occurring in Indonesia at this time are concerning and the causes and solutions must be found immediately. Because usually, the victims are the people themselves. Especially on mass brutalism, which has a very large impact on the destruction of the legal system that has been built. The research method used in this study is normative legal research because it is carried out by analyzing the library materials or based on those taken from secondary data as a reference for research in a way that is taken based on regulations and literature related to the problems studied. The normative legal research includes research on legal systematics, research on the level of legal synchronization, research on legal history, and research on comparative law. Society is a very free meaning, they have its own orderly and natural system. Behavior, actions, and conflicts will change naturally and cannot be forced, people will interpret the law through meanings that can be captured by each flow of change, and the way they interpret is different from what is interpreted by legal experts, policymakers, or conglomerates, policies can just be evil, good can be deceit, and justice can become greed, the law cannot be seen as something genuine but contains the interests of certain groups. Whereas the press and other media are like the inspiration for crime, it must be remembered that in a dynamic social system, print and film media are an integral and urgent part of the community development process.
Analisis Hukum Atas Penerapan Klasifikasi Saham Dengan Hak Suara Multipel Di Pasar Modal Indonesia Andy Rahmad Wijaya
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.6935

Abstract

The Financial Services Authority (OJK) issued OJK Regulation Number 22/POJK.04/2021 concerning the Application of Stock Classification with Multiple Voting Rights by Issuers with Innovation and High Growth Rates conducting Public Offerings of Equity Securities in the form of Shares (POJK 22/2021). The problem raised in this research is the implications for investors on the regulation of the implementation of stock classification with multiple voting rights by issuers in the capital market. This research is a normative or doctrinal legal research, which describes, explains, and analyzes the optional policies carried out by OJK through POJK 22/202. The analysis is carried out using a qualitative descriptive approach that begins with collecting legal materials, qualifying them, connecting theories related to research problems, drawing conclusions to determine results and recommendations. The results of this study indicate that issuers who exercise multiple voting rights in the capital market can make the majority shareholder unable to control the company. Investors who will own shares in issuers that implement this policy only have the advantage of enjoying dividends only if the issuer makes a profit. However, if the issuer suffers a loss, the investor will suffer the biggest loss.
Konsep Perlindungan Hukum Peradilan Bagi Anak Korban Kekerasan Dalam Rumah Tangga Istiana Heriani; Indah Dewi Megasari; Muthia Septarina
Al-Adl : Jurnal Hukum Vol 14, No 2 (2022)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v14i2.7574

Abstract

The purpose of this study is first to find out how to protect legal protection for children who are victims of domestic violence. Second, to find out how the judicial mechanism is for victims of domestic violence. The research method is normative juridical, with a descriptive approach, namely the results obtained from this study are expected to provide an overview of legal protection for children as victims of domestic violence. The results of his research are legal protection for children as victims of domestic violence, namely the protection provided, including: providing legal assistance; confidentiality of the victim's identity; arrest of the offender with preliminary evidence; providing other assistance in the form of health services; rehabilitation efforts. The judicial mechanism for child victims of domestic violence is with the right handling and approach so that this problem can be handled properly, namely directed to the resolution of domestic violence crimes through restorative justice efforts to restore the rights of victims and relationships with the perpetrators.

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