Articles
12 Documents
Search results for
, issue
"Vol 15, No 2 (2023)"
:
12 Documents
clear
<![CDATA[TINJAUAN YURIDIS TRADISI ADAT MANDI PENGANTIN (BAPAPAI) ADAT DAYAK BAKUMPAI DI BANDAR KARYA KECAMATAN TABUKAN MARABAHAN DALAM PERSFEKTIF HUKUM ADAT ]]>
<![CDATA[Maria Ulfah]]>;
<![CDATA[Sri Herlina]]>;
<![CDATA[Munajah Munajah]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.8853
<![CDATA[Dayak Bakumpai traditional marriage in the traditional bridal shower (bapapai) tradition in Bandar Karya, Tabukan Marabahan sub-district in the Perspective of Customary Law in the form of bridal showers which are usually held in the front yard of the house and become a spectacle for residents. This research is empirical legal research, which means legal research that functions to see the law realistically and examine how the law works in society. The type of this research is descriptive research, where the descriptive method is used in researching the status of a group of people, an object, a condition, or a system of thought or events in the present. The bapapai tradition is an obligation that must be carried out by the bride and groom the day before the wedding celebration. In practice uses various kinds of tools and materials and contains philosophical meaning. This tradition seeks protection from Allah SWT to avoid disturbance by spirits during wedding celebrations and in household life. Society's view of the Dayak Bakumpai traditional marriage in the traditional bridal shower (bapapai) tradition in Bandar Karya, Tabukan Marabahan sub-district, is a marriage that leads to efforts to continue offspring. In contrast, the social structure leads to traditional or customary societal institutions. The procession of carrying out the bridal shower (bapapai) in the bandarkarya sub-district tabukan marabahan in the Customary Law Perspective among the adat bakumpai because the cultural procession of marriage is maintained as a norm of togetherness by each tribe. Every implementation of traditional marriages, traditional events that are carried out can be seen as a form of community education. Custom is part of the culture that determines human values. The marriage tradition in the Bakumpai Dayak Tribe is a hereditary custom passed down so that it is inherent in the Bakumpai Dayak community in the Tabukan Marabahan sub-district.]]>
<![CDATA[LIMITATIONS ON THE EXCLUSIVE RIGHTS OF INTELLECTUAL PROPERTY RIGHT HOLDERS (SOCIAL JUSTICE PERSPECTIVE) ]]>
<![CDATA[Sigit Nugroho]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.9683
<![CDATA[Social justice is the goal of the Indonesian state, which must be realized in all fields so that welfare is realized for all Indonesian people which also radiates in the field of intellectual property law, bearing in mind that the initial regulation of intellectual property came from developed countries which are industrial countries which are different from Indonesia. Social justice is the fundamental norm as well as the goal of the state, which is used as a reference in the formation of intellectual property law rules. Thus, arrangements regarding the distribution of intellectual property rights must pay attention to the public interest. Based on such arguments, the regulation regarding restrictions on the exclusive rights of intellectual property rights holders is realized in the public interest. At the implementation level, setting the exclusive rights of older intellectual property law protected without prejudice to the protection of community (general) rights as a form of limiting these rights for the common good. Restrictions on the exclusive rights of the holder of intellectual property law as a form of social justice have been regulated in the Indonesian legal system, although there are still deficiencies. ]]>
<![CDATA[Tindak Pidana Penyalahgunaan Narkotika Jenis Psikotropika yang Dilakukan Anggota TNI (Putusan No.80-K/PM I-02/AD/VII/2018) ]]>
<![CDATA[Mulyadi Mulyadi]]>;
<![CDATA[Thurva Naziha Visar]]>;
<![CDATA[Habibie Rahman Sinaga]]>;
<![CDATA[Baeyhaki Ekaputra Hamidi]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.9572
<![CDATA[The Indonesian National Armed Forces (TNI) is part of society and protectors specially prepared to carry out the duties and defense of the country. In addition, the Indonesian National Army (TNI) is limited by laws and military regulations, so all actions undertaken must be based on applicable laws and regulations. To carry out specific duties and obligations, the Indonesian National Army (TNI) is educated and trained to comply with orders or decisions and carry them out appropriately and efficiently. The increase in the illicit circulation of narcotics in the territory of Indonesia is due to the lack of strictness or the lightness of the punishments imposed on dealers and users or the development of narcotics abuse and illicit trafficking not only in the general public but also in the military community, both as manufacturers, dealers and users. The illicit circulation of narcotics within the military is currently very concerning for the discipline and future of the Indonesian National Armed Forces (TNI) because it will lead to dependence on its users and hinder the implementation of its primary duties, damage the physical and mental health of military members who use narcotics, and the Criminal Code will be enforced. The Military Criminal Law, especially regarding the imposition of a sentence, but if the act is not regulated in the Criminal Procedure Code, another law that regulates it will apply. This study aims to find out the factors that cause narcotics abuse by military members and to analyze the judge's decision regarding the criminal act of narcotics abuse by members of the TNI. This study uses a normative juridical approach and is descriptive by using legal sources in the form of secondary data, in this case, bibliographical data. Data collection techniques are carried out using decision studies and searches of related documents, laws, literature, etc. The study results showed that the Military Prosecutor in the trial brought the defendant along with his identity data, and the defendant confirmed that the identity was his so that there was no wrong subject.]]>
<![CDATA[PELAKSANAAN DIVERSI DALAM PERKARA TINDAK PIDANA ANAK PADA PENGADILAN NEGERI DI WILAYAH HUKUM PENGADILAN TINGGI PALANGKARAYA BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK ]]>
<![CDATA[FEBDHY SETYANA]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.11398
<![CDATA[Penelitian ini bertujuan untuk menganalisis terkait kendala pelaksanaan diversi dalam perkara tindak pidana anak pada Pengadilan Negeri di wilayah hukum Pengadilan Tinggi Palangkaraya berdasarkan Undang- Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak. Dalam penelitian ini merumuskan mengenai kendala pelaksanaan diversi dalam perkara tindak pidana anak pada Pengadilan Negeri di wilayah hukum Pengadilan Tinggi Palangkaraya berdasarkan Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak. Jenis penelitian yang penulis gunakan adalah penelitian hukum empiris. Penelitian hukum empiris mengkaji hukum yang dikonsepkan sebagai perilaku nyata (actual behavior), sebagai gejala sosial yang sifatnya tidak tertulis, yang dialami setiap orang dalam hubungan hidup bermasyarakat. Dalam penelitian ini Penulis melakukan penelitian pada Pengadilan Negeri di wilayah Hukum Pengadilan Tinggi Palangkaraya.]]>
<![CDATA[KEWENANGAN PENYIDIKAN TERHADAP TINDAK PIDANA DI SEKTOR JASA KEUANGAN ]]>
<![CDATA[Nisa Amalina Adlina]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.11088
<![CDATA[The purpose of this research is, first, to find out what are the legal implications of the discrepancy between Article 49 Paragraph (5) Law No. 4 of 2023 concerning the Development of Strengthening the Financial Sector with Article 2 Paragraph (1) Implementing Regulation No. 5 of 2023 concerning Investigation of Criminal Acts in the Financial Services Sector. Second, to find out how to resolve the provisions of the authority to investigate criminal acts in the financial services sector. The research method used in this research is normative research which places law as a system of norms. The data collection technique in this study was to use library research and data analysis with a qualitative descriptive analytical approach. The results of this study indicate that there has been a discrepancy in Article 49 Paragraph (5) Law No. 4 of 2023 concerning the Development of Strengthening the Financial Sector with Article 2 Paragraph (1) Implementing Regulation No. 5 of 2023 concerning Investigation of Criminal Acts in the Financial Services Sector which raises a legal implication, namely the existence of a conflict of norms between law Development of Financial Sector Strengthening with implementing Regulation No. 5 of 2023 concerning Investigation of Criminal Acts in the Financial Services Sector which may have an impact on legal uncertainty. As for completion of provisions on the authority to investigate criminal acts in the financial services sector, namely by applying the right to judicial review to the Constitutional Court that the provisions of Article 49 Paragraph (5) Law Development of Financial Sector Strengthening not in line with Article 30 Paragraph (4) of the 1945 Constitution so that this is a way out to resolve the conflict of norms that occurs between law Development of Financial Sector Strengthening with Implementing Regulation No. 5 of 2023 concerning Investigation of Criminal Acts in the Financial Services Sector.]]>
<![CDATA[KHULU' SEBUAH UPAYA MEMUTUSKAN IKATAN PERKAWINAN (STUDI KASUS DI PENGADILAN AGAMA GARUT) ]]>
<![CDATA[Qisthy Fajriyanti]]>;
<![CDATA[Diana Farid]]>;
<![CDATA[Muhammad Husni Adulah Pakarti]]>;
<![CDATA[Aceng Hobir]]>;
<![CDATA[Moh Imron Taufik]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.9570
<![CDATA[This research aims to find out (1) why the husband's violation of taklik talaq becomes one of the divorces decided as a matter of khulu. (2) What considerations form the basis of the judge in accepting and deciding on the khulu' case and (3) The legal consequences arising from divorce by way of khulu. The research method used is qualitative by conducting interviews to obtain the necessary information. The data sources used were obtained from the Garut Religious Court in the form of documents and data related to this research. Based on the study's results, it was found that the reason for taklik talak being part of khulu' cannot be separated from the history of taklik talak being enforced as part of an effort to prevent the husband's arbitrariness. Next, in accepting and breaking up the divorce by way khulu cannot be separated from the suitability of the lawsuit filed, and in a divorce by way of the khulu', the opinion of the judge in his decision will be influenced by the willingness of the wife in the amount of iwadh to be paid. Implementation of divorce khulu also has inherent consequences, namely the enactment of the iddah period and there is no reconciliation except with a new contract, the obligation to pay iwadh by the wife, and the loss of the husband's obligation to provide iddah and mutʼah.]]>
<![CDATA[Kedudukan Keterangan Korban Pada Agenda Pembuktian Yang Tidak Dapat Hadir Dipersidangan ]]>
<![CDATA[Muchammad Huzaifi]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.10645
<![CDATA[This study aims to analyze the importance of the position of the victim whose statement will be heard in order to shed light on a crime. The type of research that the writer uses is normative legal research. The type of research in thesis writing is about the blurring of norms contained in Article 160 paragraph (1) letter b. As for this study, researchers used several approaches. statute approach and conceptual approach. The results of this study are that the testimony of the victim given can be of evidentiary value even though it depends on other evidence, which is different from the evidence provided by witnesses who are bound by the principle one witness no witness pursuant to Article 186 paragraph (6) of the Criminal Procedure Code.]]>
<![CDATA[Pelaksanaan Redistribusi Tanah Eks Hak Guna Usaha ]]>
<![CDATA[Zaenal Arifin]]>;
<![CDATA[Nikmatul Wachidah]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.10906
<![CDATA[This study aims to analyze the implementation of land redistribution of ex-use rights(HGU) as well as to analyze the constraints and solutions for implementing the land redistribution in Semarang Regency. One of the problems in the land sector in Indonesia is that there is still an imbalance in terms of land ownership which is still controlled by the owners of capital. There are still many farmers who do not own land that can be managed to improve farmer's health. In order to realize equal distribution of land ownership and increase the welfare of farmers, the government implemented a land redistribution program for ex-HGU lands that have expired and whose permits have not been extended. HGU permit for PT. Sinar Kartasura, which is located in Candi Village and Kenteng Village, Semarang Regency, has used its permit to become an object of agrarian reform as part of the government's efforts to reduce the imbalance of land ownership between farmers/people and capital owners.This research uses a normative juridical approach with the support of primary data. The research data uses primary legal materials such as laws and regulations on agrarian affairs and secondary legal materials which include books and journals that study agrarian reform. The results of this study explain that the priority for implementing agrarian reform is for ex-HGU and HGB land whose HGU has expired and within 1 year has not submitted an application for a permit extension. the implementation of land redistribution in Candi Village and Kenteng Village, Semarang Regency, as many as 3.26i of ex-HGU plots of PT. Sinar Kartasura has successfully completed 100%. Utilization of ex-HGU land is still used as agricultural land. Obstacles encountered in land redistribution are limited human resources and limited time to complete land redistribution. The recommendation from this study is that the participation of the public and the private sector in supporting the implementation of land redistribution will realize optimal and sustainable implementation of agrarian reform.]]>
<![CDATA[Urgensi Kontrak Perdagangan E-Commerce Dalam Hukum Perjanjian ]]>
<![CDATA[Salamiah Salamiah]]>;
<![CDATA[Ningrum Ambarsari]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.8021
<![CDATA[This study aims to determine the urgency of trade contracts via the Internet (e-commerce) in terms of contract law in Indonesia and the solutions for problems in implementing trade via the Internet (e-commerce). Using normative research methods, it can be concluded: 1. The agreement applies as a law for the parties who make it, meaning that the parties must comply with the agreement they made the same as obeying the law. As stated in 1320 BW, the legal terms of an agreement are essential (urgency), if the terms of the agreement are not fulfilled, then the agreement is considered null and void by law, both conventional and online, as in e-commerce agreements, 2. The presence of the Internet has changed people's perspective on shopping activities, where shopping can be done both conventionally and online through buying and selling platforms on the Internet (e-commerce). However, some things must be considered when shopping online, including additional costs, product quality, digital payments, security, and sending and returning goods. And if there are problems in implementing trade via the Internet (e-commerce), they can be resolved through two events: Litigation and non-Litigation.]]>
<![CDATA[Penyelesaian Tindak Pidana yang Dilakukan Anak Melalui Diversi Dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak ]]>
<![CDATA[Akhmad Munawar]]>;
<![CDATA[Sudiyono Sudiyono]]>;
<![CDATA[Muhammad Deny Sugiyanto]]>
<![CDATA[ Al-Adl : Jurnal Hukum Vol 15, No 2 (2023) ]]>
Publisher : <![CDATA[Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31602/al-adl.v15i2.8066
<![CDATA[In the Indonesian constitution, children have a strategic role: "The state guarantees the right of every child to survival, growth, and development as well as protection from violence and discrimination". Children are an integral part of human survival and the survival of a nation and state. Therefore, children's best interests should be internalized as the best interests for the survival of mankind. The consequences of the provisions of Article 28B of the 1945 Constitution of the Republic of Indonesia need to be followed up by making government policies aimed at protecting children. To protect the interests of children, the state established Law Number 23 of 2002 concerning Child Protection, amended by Law Number 35 of 2014 concerning Child Protection. More specifically the state also regulates the protection of children who commit crimes. in Law Number 3 of 1997 concerning Juvenile Court which was replaced by Law Number 11 of 2012 concerning the Child Criminal Justice System; however, even though the law has been formed, especially in the settlement of criminal acts committed by children through diversion, there are still weaknesses and legal vacuum. The first formulation of the problem in this study is What are the requirements for a crime that can be diversified in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System? and the second formulation of the problem is What are the juridical consequences if diversion is not carried out by law enforcers in Law Number 11 of 2012 concerning the Child Criminal Justice System? To analyze these problems, the researcher used normative research by reviewing and analyzing laws and regulations related to the settlement of crimes committed by children through diversion in Law Number 11 of 2012 concerning the Child Criminal Justice System.]]>
