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Ius Civile: Refleksi Penegakan Hukum dan Keadilan

jcivile
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Published by Universitas Teuku Umar

ISSN : 26145723 EISSN : 26206617 DOI : 10.35308

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Jurnal Ius Civile intents to publish issues on law studies and practices in Indonesia covering several topics related to 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.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 133 Documents

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LEMBAGA KEUANGAN MIKRO DARI ASPEK YURIDIS (Suatu Penelitian di Kota Banda Aceh) AHMAD YANI
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Most residents of Banda Aceh City do not have the oppurtunity to get financing from banking institutions, because they do not have the legality of business and collateral. Financial institutions are one of the alternatives offered by the law on Microfinance Institutions, currently in Banda Aceh incorporated in the form of Baitul Qiradh cooperative law. In addition Banda Aceh City Goverment also intitiated this Micro Finance Intitutions, which is the only Micro Finance Intitution in Indonesia owned by local government.Keywords: Financial Intitutions, Micro Enterprise and Legal Entity

KAJIAN NORMATIF PERLINDUNGAN DAN HAK ANAK DALAM KONVENSI INTERNASIONAL Adam Sani
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

The purpose of this study is to determine the protection and rights of children in the international convention on the rights of children. The research method is through normative juridical study that is study in the form of legislation, legal principle, norm, etc. that is describe and analyze data about protection and rights of child in International convention about child rights. To the right of the child To the Convention on the Rights of the Child states that the States Parties to the Convention shall ensure that no child may be subjected to torture, or any other cruel, inhuman or humiliating punishment, shall not be deprived of his or her liberty unlawfully or arbitrarily, arbitrary. Every child deprived of his liberty must be treated humanely and respect the inherent dignity of the human person, and in a way and remember the needs of the person at his age. The rights of children in CRC are grouped into 4 (four) categories, namely the right to survival, protection rights, rights rights to grow (development rights and participation rights), namely the rights of children in The Convention on the Rights of the Child which includes the right of the child to express opinions in all matters affecting the child (the rights of a child to express his / her views in all metter affecting that child).Keywords: Protection, Child Rights, International Convention

PENERAPAN UPAYA PAKSA DALAM EKSEKUSI PUTUSAN PENGADILAN TATA USAHA NEGARA KEPADA PEJABAT TATA USAHA NEGARA PUTRI KEMALA SARI
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Act number 51 of 2009 concerning the second amandement to Act Number 5 Year 1986 concerning the State Administrative Court governing the implementation of Decision of State Administrative Court based on the awareness of State Business Officials/Officers with hierarchical stages of hierarchy as stipulated in Article 116 of Act Number 5 Year 1986, was not effective enough to fource the State Admnistrative Officers to carry out the Decision of the State Admnistrative Judge. This is evident form some decisions that are not implemented by the State Admnistratin Officer. Therefore, the amandement to Act Number 5 of 1986 concerning the State Administrative Court brought significant chages to this matter, namaely Article 116 paragraph (4) of Act Number 9 of 2004 and the second amandement of Act Number 51 Year 2009 states that “In the event that has obtained permanent legal force, the official concerned shall be subjected to a forced attempt in the form of payment of sum of forced and/or admnistrative sanctions. But in the curse of the implementation of the forced effort is also not fully implemented because it creates various obstacles. The purpose of this paper analyzes and examinis the implementation of forces efforts in the execution of state admnistrative court decisions to state admnistrative officials. The method used is normative juridical research specification used is descriptive analytical, that is trying to describe or describe the problems associated with the object of reasearch. The result of thi reasearch is the application of the forced effort is an additional punisment that is as “condemnatoir”. It is intended that this additional punishment may fultill the implementation of the forced effort that imposes the admnistrative officer of the state to pay a sum of money and is subject to admnistrative senctions not yet fully enforceable because there is no further regulation concerning the payment of the amount of money, the amount, who is entitled to determine payment and/or admnistrative sanctions and payment mechanisms. Suggestions form the result of this study are to recommend to the Supreme Court to make operational guidelines or Juknis about further rules on forced efforts. Recommend to the state admnistrative bodies/official in issung state administrative decisions should be more careful and follow all decisions issued by the Admnistrative Court so that the dignity of the Institute can be maintained.Keywords : state administrative courts, forced effort, dwangsom

PENCEMARAN LAUT DITINJAU DARI SUDUT HUKUM LINGKUNGAN (Studi Kasus Tumpahan Batu Bara Di Laut Meulaboh) IRSADI ARISTORA
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

West Aceh has an area of 12 miles of sea covering 957.38 km2 and 54.84 km of coastline which is administratively West Aceh Regency is divided into 12 District, 33 settlements, and 322 villages. Sea Pollution under Government Regulation No.19 / 1999 on Pollution Control and / or Sea Destruction: "The entry or inclusion of living things, substances, energies, and / or other components into the marine environment by human activities so that their quality falls to some extent causing the marine environment is no longer in compliance with the quality standards and / or functions ". The mining activities become one of the other causes of sea water pollution in West Aceh, both legal and illegal mining activities currently underway. One of the most phenomenal is coal mining that had fussed West Aceh residents. The waste that contains pollutants then into the coastal and marine ecosystems. Some are soluble in water, some are submerged to the bottom and are concentrated to the sediment, and some enter into the body tissues of marine organisms (including phytoplankton, fish, shrimp, squid, shellfish, seaweed and others). Then, the pollutants that enter the water are absorbed directly by phytoplankton.Keywords: Pollution, Sea, Law, Aceh Barat, Coal Mine

TINDAK PIDANA DAN PERTANGGUNGJAWABAN PIDANA PENYEBAR VIDEO PORNO MELALUI INTERNET YANG DILAKUKAN INDIVIDU DI INDONESI ALDILA RENATA
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Internet is a product of the information Technology Communication is an interactive digital communication network. Internet has both positive and negative impacts. Man makes positive impact towards the information society, which allows every person to obtain and disseminate information quickly, cheaply, and can reach a wide area. One of the few negative impacts the use internet is the dissemination of pornographic video via the internet (cyberporn). In Indonesia and government law enforcement officials still focus on blocking porn websites, porn destroy the product, and focus on the perpetrators only, while the indictment often leads to the propagator (the individual who first spread through internet porn) in the realm of the internet.Keywords : Spreader porn video, Individu, Internet

HAK DAN KEWAJIBAN ANAK DALAM UNDANG-UNDANG NO 35 TAHUN 2014 TENTANG PERUBAHAN UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Apri Rotin Djusfi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

The existence of the Child Protection Act is a clear proof that the child should be protected. But we also should not see from one aspect, sometimes the existence of the Child Protection Act could be a dilemma. Where educators are faced with a problem related to the process of education and fostering of children. In addition there are things that must be considered about the obligations of children. This legal research is conducted to find solutions to legal issues that arise in the community how the legal protection for teachers related to punishment cases associated with the Child Protection Act. This research used normative law research method, the type of research used is normative juridical, the approach taken is the statutory approach (statute approach) In carrying out its duties as set in Law Number 14 Year 2005 About Teachers and lecturers, Regulation Government Number 74 Year 2008, then the teacher is given academic freedom to perform the methods that exist.In addition Teachers can also give awards and also give sanctions to students Teachers have the freedom to impose sanctions to students who violate the norms of religion, norms of decency, norm modesty, written or unwritten rules set by the teacher, education unit level regulations, and legislation in the learning process under its authority, such sanctions may be warning and / or warning, both oral and written, and educational punishment according to the method of education dikan, teacher code of ethics, and legislation.Keywords: Children, Teacher, Legal Protection

SYARAT PERSETUJUAN POLITIK MPR DALAM PROSES PEMAKZULAN KEPALA PEMERINTAHAN PADA SISTEM PEMERINTAHAN PRESIDENSIL INDONESIA DALAM TINJAUAN PRINSIP SUPREMASI HUKUM Eza Aulia
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

impeachment is an extraordinary effort contained in the presidential government system with respect to the process of impeating the head of government from the power it possesses. Indonesia as a country that adopts a presidential government system governs the issue of impeachment of heads of government based on the constitution of the state of the UUD 1945 in Article 7A, which regulates the acts and an incompetence which, when done or happened to the head of government can lead to a means to drop the head government from his power. The impeachment mechanism is regulated in Article 7B of the UUD 1945 which requires a political decision in the MPR with the consent of 2/3 of the number of MPR members present at the plenary session after obtaining a legal decision from the MK. The problem of this research is whether the MPR's political decisions are a requirement in the impeachment mechanism of the head of government in the presidential system of Indonesia in accordance with the principle of rule of law. The result of this research is that the requirement of MPR's political approval in Article 7B of the UUD 1945 is contradictory to the principle of rule of law adopted by Indonesia and can potentially annul the Constitutional Court decision which is final and binding, and can be a gap in maintaining the power of the head of government if the head of government has a majority vote in the MPR. It is recommended to immediately amend the UUD 1945 by removing the terms of political approval of the MPR contained in Article 7B paragraph (7) of the UUD 1945 Indonesia and giving the final decision to the Constitutional Court as the key in the process of impeachment of the head of government.Keywords : Impeachment, Presidential system Indonesia.

ASPEK HUKUM PENCANTUMAN KLAUSULA EKSONORASI DALAM PERJANJIAN KREDIT PERBANKAN Nila Trisna
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Credit agreements commonly used by banking companies in Indonesia in lending are standard agreements or standard agreements whose clauses have been previously prepared by the bank with the intention of being used repeatedly with various parties and not open the possibility to be negotiated to the customer, and partly deliberately empty to be given the opportunity to negotiate with the customer, which is new in content after obtained agreement by both parties. Since such circumstances constitute a violation of the principle of responsible contracting freedom which results in an unbalanced bargaining power between the bank / creditor and the client / debtor, which then places the client in a weak position, the bank freely formulates clauses this exemption may harm the interests of the customer. In an agreement there is an important legal principle relating to the enactment of the contract is the principle of freedom of contract, meaning that parties are free to determine what contracts are already existing arrangements as well as that. Thus the customer has only the choice between accepting all contents or contract clauses or unwilling to accept the contract clauses either partly or wholly, for to amend the clause or content of the treaty completely absent or closed. This study uses the normative juridical method, which is the approach done by examining the legislation relevant to the problem under study or looking from the normative legal aspects. Technique of data collecting done by Research of Library (Library Research), that is by studying book and literature relevant with writing.Keyword :Exonoration Clauses, Agreements, Credits, Banking

ANALISIS YURIDIS PENDAFTARAN JAMINAN FIDUSIA UNTUK MENEGUHKAN KEPASTIAN HUKUM Nurhan Nurhan
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

The current legal arrangement of fiduciary guarantee still applies the provisions of Lawa Number 42Year 1999 regarding Fiduciary Guarantee. Since regulation of the minister of Justice and Human Rights of the Republic of Indonesia Number 10 of 2013 on the Electronic Fiduciary Guarantee Registration Procedure is pulished, the registration of fiduciary guarantee shall be done electronically (oline). So this study analyzed the juridical registration of fiduciary guarantee to confirm the legal certainty, whose research study was conducted in the Regional Office of the Ministry of Justice and Human Rights of the Republic of Indonesia Riau Islands Province.The results show that there are still obstacles in the implementation of elctronic fiduciary registration. Such as the incomplete application of the fiduciary guarantee registration system, and the implementation of the fiduciary guarantee removal provinsions, as well as the validity of the Fiduciary Guarantee Certificate. Therefore, it is hoped that the goverment and related institutions can issue legislation that provides legal certainty in the registration system. So there is a match between the provinsions of the Act (das sollen) with its implementation in the field (das sein).Keyword : registration, fiduciary guarantee, legal certainty

EKSISTENSI BADAN PERTANAHAN ACEH PASCA LAHIRNYA PERATURAN PRESIDEN NOMOR 23 TAHUN 2015 Rahmad Jhowanda
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 1, No 1 (2017): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Aceh is a province in the Republic of Indonesia, with special autonomy authority, such as authority in article 213, article 214, article 253 paragraph 1 of Law Number 11 Year 2006 concerning Aceh Government.The law has been followed up by Presidential Decree Number 23 of 2015 on the Transfer of Regional Offices of Aceh National Land Agency and Regency/ City Land Office to Aceh Land Agency and Land Office of Aceh Regency / City. To date the transfer of status has not been implemented. This research is analytical descriptive: normative juridical approach, primary data collection technique, data analysis method: qualitative analysis.The results of the research: Aceh Land Affairs Office, has not yet become Aceh Land Agency.No the formation of Qanun which regulates concretely about the authority of the Aceh Land Agency related to the transition, is also an important factor of the non-functioning of the Aceh Land Agency.The lack of clarity on the legal status of the Aceh Land Agency as part of Aceh's regional apparatus is seen in several articles at Perpres No. 23 of 2015, this is inconsistent with the Authority Theory in running the government, as well as the principles of local government affairs, among others: the principle of decentralization, the principle of deconcentration and the principle of co-administration. Keywords: Aceh Land Agency, Presidential Regulation No. 23 Year 2015, SpecialAutonomy,

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Aceh

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Putri Keumala Sari

Contact Email putkemalasari@gmail.com

Phone +6282214066169

Journal Mail Official putkemalasari@gmail.com

Editorial Address Jl. Alue Peunyareng, Ujong Tanoh Darat, Meureubo, Kabupaten Aceh Barat, Aceh 23681, Indonesia

Location Kab. aceh barat, Aceh INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Putri Keumala Sari

Contact Email
putkemalasari@gmail.com

Phone
+6282214066169

Journal Mail Official
putkemalasari@gmail.com

Editorial Address
Jl. Alue Peunyareng, Ujong Tanoh Darat, Meureubo, Kabupaten Aceh Barat, Aceh 23681, Indonesia

Location
Kab. aceh barat,

Aceh

INDONESIA