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<![CDATA[Danau Toba Sebagai Unesco Global Geopark Dalam Perspektif Hukum Lingkungan ]]>
<![CDATA[Elfira Fitriyani Pakpahan]]>;
<![CDATA[Mira Handayani]]>;
<![CDATA[Erwin Mendes]]>;
<![CDATA[Ayu Mustika]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.7490
<![CDATA[An area known as a geopark is an area that has three fundamental pillars—conservation, education, and local economic development—and includes significant geological heritage and biodiversity, as well as integrated biodiversity and culture. Development in the fields of culture and tourism is multi-sectoral, interdisciplinary and based on a synergistic system, and is expected to be able to support efforts to educate society, advance civilization, foster national unity and strengthen international friendship. Transport and changes in the cultural and tourism sectors have led to new systems that are more reliable and sustainable. However, the improvements brought about by revolution and reform have not yet reached their full potential. The waters around Lake Toba before it was designated as a UNESCO Global Geopark experienced various disturbances to the preservation of nature due to floating net cages (KJA) animal feed, reduction of land to individual ownership, arbitrariness in the form of logging and waste generated by the community originating from the restaurant business, including oil vessel., which is contaminating the lake water. Toba Government Regulation Number 37 of 2014 concerning Soil and Water Conservation as a legal basis for structuring the Lake Toba Geopark tourism area as a legal umbrella must be holistic, fundamental and partly so that water damage to the surrounding environment can be overcome. This research aimed to analyze the impact of UNESCO's designation of Lake Toba as a Geopark. This research is juridical law research by conducting data collection activities in the form of secondary data. Data analysis used a quantitative descriptive method. The research results show that the government is still trying to maintain the sustainability and beauty of the area by providing education about the ecosystem and realizing Lake Toba as a World Geopark. The government also carries out rehabilitation, reclamation and reforestation of forests to prevent landslides on critical land. It has a Lake Toba Caldera website to implement information on the Toba Caldera area. The existence of Government Regulation Number 37 of 2014 can prevent and preserve the environment around Lake Toba.]]>
<![CDATA[Telaah Unsur Delik Trading In Influence dalam Pembaharuan Hukum Pidana di Indonesia ]]>
<![CDATA[Sheryn Lawrencya]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.6178
<![CDATA[Trading in influence acts that are non-mandatory offences has been regulated in the UNCAC, ratified by Law Number 7 of 2006 concerning the Ratification of the UNCAC. Based on cases in Indonesia, the act of Trading in Influence has developed in Indonesia but is considered a "bribery". Indonesia has not been able to ensnare influence trading actors based on the Corruption Law because there are no regulations governing it, resulting in legal uncertainty and a legal vacuum. So that there must be a difference between bribery and acts of trading in influence by examining the elements of the offence for reforming criminal Law, especially corruption. The normative juridical method uses literature or document studies and a statutory and comparative research approach. There is a proposed element of delict given based on a comparison between the UNCAC, French, Spanish and Belgian regulations, which is adjusted to a horizontal pattern with a trilateral relationship and is divided into two forms, active and passive. This act must be immediately regulated in positive Law in Indonesia, so there is no legal vacuum and uncertainty. It is hoped that the legislature and other authorized institutions can criminalize acts of trading in influence based on the values and principles of people's lives in Indonesia in the context of reforming the criminal Law.]]>
<![CDATA[Analisis Pengaturan Label Halal Terhadap Produk yang Beredar di Indonesia ]]>
<![CDATA[Oktaviana Hardayanti Adismana]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.7854
<![CDATA[This study aims to analyze the qualifications of violating Article 26 Paragraph (2) of the Law on Halal Product Guarantee and the probability of criminal prosecution of violations of Article 26 Paragraph (2) of the Law on Halal Product Guarantee whether or not it can be carried out. The research method is normative research, data collection techniques use library research, and data analysis is descriptive-analytical with a qualitative approach. The study results show that the qualification for violating Article 26 Paragraph (2) of the Law on Halal Product Guarantee is an administrative violation with provisions for administrative sanctions in the form of a verbal warning, written warning, or administrative fine. Then the violation is not included as a criminal offence with the criminal sanctions provisions in Article 10 of the Criminal Code. In the future, legislators hope to take actionIviolationIobligationIbusinessmenIincludeIdescriptionInoIhalalIonIproductImade fromIharam, with stricter sanction provisions in the form of criminal sanctions. Criminal sanctions are needed as a preventive effort to avoid the possibility that business actors will violate their obligations or repeat their actions. The possibility of criminal prosecution for violations of Article 26 Paragraph (2) of the Halal Product Guarantee Law may be possible because such violations constitute unlawful acts and are also acts prohibited in Article 8 Paragraph (1) Letter i of the Consumer Protection Law by imposing criminal sanctions in the form of imprisonment or fines. Criminal prosecution for violations of Article 26 paragraph (2) of the Law on Halal Product Guarantee needs to be carried out by regulating the provisions on criminal sanctions but does not eliminate the provisions on administrative sanctions in Article 27 paragraph (2) of the Law on Guarantee of Halal Products. PenaltyIcriminallusedlaslthe last remedy, lastlusedlwhenlsuspectedlpenaltyladministrativelonlChapterl27lsentencel (2) LawlGuaranteelProductlHalallwhichlalreadylappliedlnoleffectivelforlcopelcrime basedlconsiderationljudge ]]>
<![CDATA[Implementasi Pemberhentian Kepala Daerah Di Provinsi Jawa Barat Antara Tahun 2014-2021 Dalam Sistem Pemerintahan Daerah ]]>
<![CDATA[Hasyim Adnan]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.9014
<![CDATA[Direct election of regional heads allows prospective regional heads to compete directly to become regional heads in local government. The regional government has implemented local democracy if the regional government has held regional head elections. Regional heads can stop or be dismissed according to the provisions of the laws and regulations concerning the Regional Government. Dismissal of regional heads between 2014-2021 in West Java Province, including in the areas of Karawang Regency, Bogor Regency, Sumedang Regency, Cimahi City, Bekasi Regency, Cianjur Regency, Subang Regency, West Bandung Regency, Cirebon Regency and Indramayu Regency which were caused because these regional heads were proven in court to have committed criminal acts of corruption, and some have even been, and are currently carrying out sentences. This study aims to find out the implementation of the dismissal of regional heads in the province of West Java. West Java Province, during seven years, there have been eleven dismissals. Dismissal of regional heads between 2014-2021 in West Java Province in the local government system in Indonesia is still guided by applicable laws and regulations; the dismissal or impeachment of regional heads who are entangled in corruption crimes, then the regional head is temporarily dismissed without having to go through a proposal from DPRD if charged with committing a crime of corruption. The dismissal of the regional head is carried out by the Minister for the regent or mayor; if the regional head is proven to have committed a crime of corruption which, based on a court decision, has permanent legal force, then the regional head can be dismissed without having to obtain a proposal from the DPRD. The Minister for regents and mayors then carried out the dismissal. The dismissal of the regional head who violates the oath/pledge of office should be accelerated in the process of dismissing the decision, and a state institution should be formed in the region that explicitly handles the process of dismissing the regional head so that it does not take too long, and reflects more direct democracy than procedural democracy]]>
<![CDATA[Implementasi Peraturan Pemerintah Nomor 39 Tahun 2021 tentang Penyelenggaraan Bidang Jaminan Produk Halal ]]>
<![CDATA[Muhammad Adi Riswan Al Mubarak]]>;
<![CDATA[Lola Malihah]]>;
<![CDATA[Mu’minah Mu’minah]]>;
<![CDATA[Muhammad Yulian Ma’mun]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.7072
<![CDATA[This paper aims to assess the importance of implementing halal certification from the side of producers and consumers. This research activity uses the method of literature study. The conclusion of this research shows the importance of this certification for producers because it is very beneficial for product continuity. Meanwhile, for consumers, this certification is beneficial in protecting consumers from all materials that are hazardous to health and all matters related to the halal product, both in terms of ingredients and processing methods. Halal certification also eliminates doubts about the product to be consumed. Initially, this halal certification was only voluntary or the producer's desire (voluntary), yet to be supported by strong Law, but now it has become an obligation (mandatory) for producers. The implementation procedure has involved many related parties, from institutions and ministries, and even at the international level, cooperation has also been carried out regarding this halal certificate. The implementation is currently based on digitization, namely the SIHALAL application. PP No 39 of 2021, concerning the Implementation of the Halal Product Assurance Sector, is clear enough to spell out the mandates of the Halal Product Assurance Law and the Job Creation Law. However, there must be something that needs to be finalized to improve the implementation of other halal product guarantees. ]]>
<![CDATA[Accountability of Nazir in the Waqf Legal System of Indonesia ]]>
<![CDATA[Ahmad 'Azam bin Mohd Sharif]]>;
<![CDATA[Nasrullah Nasrullah]]>;
<![CDATA[Muhammad Hatta]]>;
<![CDATA[Hidayatullah Hidayatullah]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.9800
<![CDATA[Good waqf management will provide benefits and contribute to developing the people's economy and alleviating poverty. Nazir greatly influences this in his responsibilities as the manager of waqf assets. This study aims to provide an analysis of Nazir's responsibilities as the manager of waqf assets according to the waqf legal system in Indonesia and an overview of how to revitalize Nazir's status, roles and responsibilities in managing waqf in Indonesia. This research is normative legal research with a statutory regulation approach. The results of this research are that according to Waqf law in Indonesia, Nazir's responsibility in carrying out his roles, duties, functions and authority is one of the things that Nazir bears. Mistakes made by Nazir in managing waqf will have an impact on problems of administrative sanctions and even criminal. However, along with the weight of Nazir's responsibility, it has yet to be accompanied by the Indonesian waqf legal system favouring Nazir. One way to revitalize Nazir's status, roles and responsibilities are by revising or reconstructing the Law on Nazir in waqf law in Indonesia to include nazir in one of the pillars of waqf.]]>
<![CDATA[Isbat Nikah Pasangan Mualaf dalam Hukum Islam dan Hukum Positif di Indonesia ]]>
<![CDATA[M. Alfar Redha]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.9568
<![CDATA[Marriage certificates are usually given to husbands and wives who have entered into a marriage contract according to Islam but are not legally registered by the state. In the end, the marriage has no legal force. As a result, when a problem arises in the marriage between the husband and wife, they cannot solve it legally because they need a marriage certificate. Marriage cases delegated to the Religious Courts to be confirmed marriages that have been held according to Islam but have yet to be known to the Marriage Registrar. This is different from the case in stipulation Number 14/Pdt.P/2017/PA.Jmb mentions a husband and wife marriage that was held according to Buddhism before both embraced Islam and without renewing the marriage contract according to Islam. This study aims to understand the juridical and normative considerations of the Panel of Judges in granting the request for confirmation of marriage and how to analyze the stipulation. This research is a case study using a normative-juridical approach. The data analyzed was carried out in a descriptive-analytical manner. The data that has been collected is obtained by interview and documentation methods. In this case, interviews were conducted with the Jambi Religious Court Judges, and documentation was in the form of several literature books and journals related to the research theme. The resulting research shows that the Panel of Judges granted the application for a marriage certificate in the determination based on the considerations of Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage and the opinion of ash-Shafi'i as contained in the book al-Umm. This determination does not violate provisions in Islamic Law and Positive Law. In positive Law, there are no rules regarding the marital status of converts after converting to Islam, so this paper is expected to contribute material for consideration to complement the marriage rules in Indonesia so that it can make it easier for the Panel of Judges to determine similar cases. Keywords: Marriage Confirmation; converts; Islamic Law; Positive Law.]]>
<![CDATA[Praktik Unpaid Internship Dalam Perkembangan Regulasi Ketenagakerjaan Indonesia (Studi Kasus Campuspedia) ]]>
<![CDATA[Suraya Imtiyaaz]]>;
<![CDATA[Wahyu Donri]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.6613
<![CDATA[The trend of unpaid apprenticeship programs is increasingly being found. Due to the increasingly high competition, many are still interested in joining the apprenticeship program without pay, with the lure of work experience for the next career step. The growing interest in unpaid internships is also supported by the company's strategy to reduce expenses and the high desire of prospective interns to gain knowledge in the field of work. Companies often use this condition to obtain workers who are not bound by a minimum wage. If it continues to happen, the purpose of apprenticeship, which was initially skills training, becomes exploitation of workers. The purpose of writing is to analyze unpaid apprenticeships in increasing the integrity of the workforce in Indonesia, how the Indonesian workforce views the practice of unpaid apprenticeships and the government's role as a labour regulator in Indonesia. This analytical descriptive study utilizes a normative legal research typology, a normative juridical approach and is analyzed through a qualitative approach. The study results show that the apprenticeship programs' regulations still need to be specific, especially regarding the wage rights of apprentice workers. The government, as a regulator, should understand the high interest in apprenticeship programs, so clear legal protection is needed for apprentices. The outcome of this paper will be the awareness of the lack of strict regulations protecting the rights of apprentices based on one of the cases, namely the Campuspedia apprenticeship, to continue to be critically studied.]]>
<![CDATA[Pengaruh Kemalisme Terhadap Undang-Undang Poligami di Turki ]]>
<![CDATA[Nur Kamilia]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.8482
<![CDATA[This paper aims to discuss the issu of the influence of Kemalism on the polygamy law in Turkey to disribe universally the influence of Kemalism on the polygamy law in Turkey by firs knowing Mustafa Kemal’s mission in the information of a republic there. This paper will try to answer haw Kemalism has a major influence on the family law, especially the polygami law. this paper includes the results of the qualitatif research with data sources and documents from a number og books and articels as well as as from other data sources related to this paper. The result of this paper is to find a complete overhaul of state regulations regarding the family right in 1917 in which it is explained that polygamy is not prohibited but still on condition that the husband can be fair to his wives and the wafe may write a divorce not before the marriage after this (polygamy). If the man ignores this, than the divorce has the right to be carried out into the Turkish Civil Code of 1926, which explains the absolute prohibition of polygamy. This cange occurred because of the influence of Kemalism on the Turkish state. From this infuence there is rule regarding violations againts people who practice polygamy. However, there are no rules that explicitly regulate sanctions for such violation The Turkish Family Law Of Cyprus 1951. But basically the lawimplicitly exsplain that polygamy in Turkey is not permitted and those who violate it will get a penalty. ]]>
<![CDATA[Kajian Evaluatif Perselisihan Hasil Pemilihan (PHP) Kepala Daerah Serentak Tahun 2020 Di Provinsi Kalimantan Selatan ]]>
<![CDATA[Muhammad Syahrial Fitri]]>;
<![CDATA[hanafi hanafi]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 1 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
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DOI: 10.31602/al-adl.v15i1.8165
<![CDATA[This research will discuss, First, the factors that are the causes of the Election Result Disputes (PHP) for the 2020 Regional Heads of the South Kalimantan Province at the Constitutional Court and Second, the consequences that arise in the Implementation of the Decisions on the Election Result Dispute (PHP) for the 2020 Regional Heads of the Province Simultaneously South Kalimantan at the Constitutional Court. This research was conducted using the Normative Juridical approach, which examines statutory regulations and other literature related to regional head election results in disputes (PHP) at the Constitutional Court. The review of laws and regulations and library materials is also used as material for conducting discussions and finding solutions to problems. This study examines the causes of disputes over election results up to the implementation of decisions. It will identify existing problems in the form of solutions under the provisions of the election law and regional head elections in Indonesia. The results of this study show that the Election Results Dispute (PHP) for Regional Heads of South Kalimantan Province Simultaneously in 2020 at the Constitutional Court does not only originate from the Election of the Governor and Deputy Governor of South Kalimantan but there also from PHP Regents and Deputy Regents of Banjar Regency, Kota Baru Regency and Wali City and Deputy Mayor of Banjarmasin City, totalling seven decisions, two decisions for PHP Governor and Deputy Governor, 3 Decisions of Regent and Deputy Regent (Banjar and Kota Baru), 2 Decisions of Mayor and Deputy Mayor (Banjarmasin). The factors causing the Election Result Disputes (PHP) for Regional Heads of South Kalimantan Province Simultaneously in 2020 at the Constitutional Court consist of 2 factors. First, regulatory factors, namely the threshold for disputes over election results. % at polling places, PPK opened mailboxes, and there was vote inflation and fraud in the voting and vote-counting process. Furthermore, there are two aspects of the legal consequences arising from the implementation of the Constitutional Court decision. First, the implementation of the re-voting (PSU) and Second, the determination of the elected regional head candidates.]]>
