Jurnal Muhakkamah Fakultas Hukum Universitas Nahdlatul Wathan Mataram
Jurnal Muhakkamah adalah jurnal ilmiah dibidang Ilmu Hukum yang diterbitkan oleh Unit Jurnal Fakultas Hukum Universitas Nahdlatul Wathan Mataram. Jurnal Muhakkamah memilki muatan berupa hasil-hasil penelitian dan review di bidang kajian hukum yakni Hukum Tata Negara, Hukum Pidana, Hukum Perdata, Hukum Ekonomi atau Hukum Bisnis, Hukum Islam, Hukum Internasional, Sosiologi Hukum, Sejarah Hukum, Perbandingan Hukum, serta berisi tentang bidang kajian yang berkaitan dengan Hukum dalam arti luas. Diterbitkan dua kali setahun pada Bulan Juni dan November.
Articles
20 Documents
<![CDATA[PELAKSANAAN ASSESMENT OLEH POLRES KEPULAUAN MENTAWAI SEBAGAI BENTUK PELAKSANAAN REHABILITASI BAGI PECANDU DAN KORBAN PENYALAHGUNAAN NARKOTIKA ]]>
<![CDATA[Simbolon, Laurensius Arliman]]>
<![CDATA[ Jurnal Muhakkamah Vol 5 No 1 (2020): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The Assessment Process is an initial stage where narcotics addicts and victims of narcotics abuse report to the National Narcotics Agency requesting rehabilitation. This process can be used as a benchmark for drug addicts and victims of narcotics abuse itself to determine the length of the rehabilitation period for narcotics addicts and victims of narcotics abuse who request to be rehabilitated. From the results of the assessment it was also used as material for consideration of the Integrated Assessment Team in making decisions on the application. Today, based on data from the National Narcotics Agency (BNNP) of West Sumatra Province, the problem of abuse of current drug abuse in the Mentawai is very alarming. This research is a descriptive analytical study. The approach used in this study is a normative juridical approach supported by an empirical juridical approach. The process of implementing rehabilitation for addicts and victims of narcotics abuse by the Mentawai Islands Police Satnarkoba has been running in accordance with Law No. 35 of 2009. However, there is a possibility that there are always shortcomings in carrying out these rules. The obstacle of police investigators in determining rehabilitation for drug users is the lack of awareness or willingness of narcotics abusers who are old enough to report themselves to the police to be directed to IPWL or reported by families if narcotics users are not old enough, fearing that parents or families of narcotics users will be damaged their image if it is known that the child or family member is a drug user so that they are reluctant to report themselves, there are still many people who do not know that rehabilitation for drug users is all costs borne by the government / free.]]>
<![CDATA[PENGATURAN DAN PENGAWASAN TERHADAP PUPUK AN-ORGANIK DAN PESTISIDA ]]>
<![CDATA[Nurcahyo, Edy]]>;
<![CDATA[Rosidi, Ahmad]]>;
<![CDATA[Haerani, Yeni]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[This article aims to describe the regulation and supervision of the procurement, distribution and use of inorganic fertilizers and pesticides in crop cultivation. The number of plants consumed by humans becomes important to maintain the quality of plants in the cultivation of these plants. The research method used is normative juridical research, which is a library research by examining library materials related to the object under study. The research uses a statute approach. The analysis used in the form of qualitative analysis. The results showed that the regulation and supervision of the procurement, distribution, and use of fertilizers and pesticides in plant cultivation is needed to protect humans from the dangers of chemicals contained in plants due to excessive use of fertilizers and pesticides. Basically, legal protection is given to protect plant natural resources which have an important role in human life.]]>
<![CDATA[HAK IMUNITAS ADVOKAT INDONESIA DALAM PERSPEKTIF PENEGAKKAN HUKUM DAN KEADILAN DI ERA REVOLUSI INDUSTRI 4.0†]]>
<![CDATA[Jiwantara, Firzhal Arzhi]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[ince the birth of Law Number 18 Year 2003 Regarding Advocates on December 21, 2004, it is a form of appreciation for Advocates who are not only working but struggling to find noble justice and until finally being recognized as a Profession. Then from Law Number 18 Concerning Advocates contained the "Immunity Rights" contained in Article 16 which said Advocates could not be prosecuted both civil and criminal in carrying out their professional duties in good faith for the Client's defense in a court hearing ". Advocate is a profession honorable law (officium mobile) where the procedure of work is regulated in the Advocate Professional Ethics Code and Law Number 18 Year 2003 concerning Advocates. In the Act, Advocates have legal rights that make themselves immune from legal remedies on matters relating to the work of their Advocates. This immunity right is important related to its role in the process of law enforcement and the rights of its entity which are independently separated from the client. To maintain the right of immunity to advocates based on Law Number 18 of 2003 concerning Advocates and Constitutional Court Decree Number 26 / PUU-XI / 2013 so that they are free to carry out their profession as law enforcers in Indonesia for the benefit of clients in good faith in the Industrial Revolution Era 4.0.]]>
<![CDATA[FORMULASI PENGATURAN PIDANA SEUMUR HIDUP DALAM SISTEM HUKUM NASIONAL ]]>
<![CDATA[Sukarno, Sukarno]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Indonesian criminal law specifically contained in the Criminal Code is based on historical, political, and sociological reasons. Reform (supporting the new KUHP concept) needs to be done to pay attention to the legal values ​​that live in the community, including the Imposition of Life Prison. Such understanding should be the basis for consideration in discussing the existence of life sentence victims. The results of the study showed that the position and regulation of life imprisonment were not explicitly stated (explicitly) regulated in the composition of the criminal (criminal code) in Article 10 of the Criminal Code, but life imprisonment was included in Article 12 paragraph (1) of the Criminal Code. Besides that, the formulation of the forms of visible criminal threats are (1) life imprisonment which is always normalized with 20 years of imprisonment, while in the position of life imprisonment outside the Criminal Code using an alternative system of cumulation.]]>
<![CDATA[MEKANISME PEMAKZULAN PRESIDEN SEBAGAI PENGUATAN SISTEM PRESIDENSIAL DI INDONESIA ]]>
<![CDATA[Parasatya, Idea Islami]]>;
<![CDATA[Supryadi, Ady]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The dynamic state administration shows the relationship between law and politics in the process of dismissing the president as head of state. The 1945 Constitution of the Republic of Indonesia as a result of the amendment specifically contained the provisions concerning the dismissal of the president as head of state. Amendments to the 1945 Constitution of the Republic of Indonesia determine in more detail the reasons and mechanisms for the impeachment of the president as stipulated in Article 7A and Article 7B of the 1945 Constitution of the Republic of Indonesia. The regulation regarding presidential impeachment in the constitution is the right thing and very in accordance with the principles of the rule of law and democracy, and is a logical consequence when wanting to realize a stable government in accordance with the practice of presidential government systems.]]>
<![CDATA[TINJAUAN YURIDIS ASIMILASI PADA LEMBAGA PEMASYARAKATAN TERBUKA (Studi di Lapas Terbuka Kelas IIB Mataram) ]]>
<![CDATA[Kusuma, Jauhari Dwi]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[One of the places inmates undergo assimilation is by being placed in the open prison. Placement of Prisoners in Open Prison must meet certain requirements other than those generally regulated in Government Regulation Number 32 of 1999 Concerning the Terms and Procedures for the Implementation of Prisoners' Rights as last amended by Government Regulation Number 99 of 2012 there are also special arrangements in Circular Director General of Corrections Number E.PK.04.10-115 and Number PAS-PK.01.01.02-100 regarding the placement of prisoners to the Open Penitentiary Institution / Agricultural Camp. From the results of the analysis of these laws and regulations the obstacles to the placement of Prisoners in Open Prison are as follows: 1) The assimilation requirements in the form of Community Research (LITMAS) are a long process due to the limitations of the Community Guidance Officer, 2) Procedurally the process is long; 3) The location of the Lapas Lapas is far from the prisoner's house; 4) Appropriate assessment process according to criteria is very difficult. For the implementation of Assimilation in the Mataram Open Prison, in practice it is in accordance with the Decree of the Minister of Justice of the Republic of Indonesia NO.M.02-PK.04.10 of 1990 concerning the Pattern of Prisoners / Detainees in the form of 2 fields, namely the Development of Personality and Independence.]]>
<![CDATA[EKSISTENSI PENGELOLAAN ZAKAT MENURUT PERATURAN PERUNDANG-UNDANGAN DI INDONESIA ]]>
<![CDATA[Saputra, Hendra Adi]]>;
<![CDATA[Jamil, Sukran]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Zakat is one of the Islamic Sharia which then made the Law on Zakat, namely Law Number 23 of 2011 concerning Management of Zakat, one of the benefits of zakat can be the welfare of the community, especially Muslims. The formulation of the problem in this study is how is the existence of zakat in the legislation in Indonesia. The research method used is the notative method with an analytical approach and legislation approach. The existence of zakat in legislation is evidenced by the existence of Law of the Republic of Indonesia Number 23 of 2011 concerning Management of Zakat, Government Regulation of the Republic of Indonesia Number 14 of 2014 concerning the Implementation of Law number 23 of 2011 concerning Management of Zakat and Many Regional Regulations which are also issued regarding with the regulation of zakat one of which is the Regional Regulation of the Province of West Nusa Tenggara Number 9 of 2015 concerning the Implementation and Management of Zakat, donations and alms. for the management of zakat itself carried out by BAZNAS, the National Amil Zakat Agency is a non-structural government institution that is independent and is responsible to the President through the Minister. The duties include planning, collecting, distributing, and utilizing zakat.]]>
<![CDATA[PENYELENGGARAAN SISTEM PRESIDENSIL BERDASARKAN KONSTITUSI YANG PERNAH BERLAKU DI INDONESIA ]]>
<![CDATA[S, Laurensius Arliman]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[A presidential system government is a government in which the executive position is not accountable to the representative body of the people, in other words the executive power is outside (direct) parliamentary oversight. Not only is presidentialism and a multiparty system a "difficult combination", it also opens up opportunities for deadlocks in executive and legislative relations which then impact on the instability of presidential democracy. The government system in the constitutional trajectory that applies is as much as 5 times, it is divided into: three times using a presidential system, one time Quasi Parliamentary (Quasi Parliamentary), and one time using a presidential system. In a coalition government, political parties are not responsible for raising the president in the election so political parties tend to leave the president who is no longer popular. Presidential elections are always there before the eyes so that political parties try as much as possible to keep distance from various presidential policies, which may be good, but not populist. The reason for the incompatibility, is likely to bring down the government unconstitutionally. The magnitude of the opportunity for unconstitutional change of government is very relative because in a presidential system it is very difficult to reduce an elected president. We can feel the multi-party effects in Indonesia, namely the difficulty of the President to make decisions relating to the problems of national life and strategic state. Actually the position of the President is very strong because the president is directly elected by the people not elected by the DPR. But in the case of the issuance and ratification of the presidential legislation the DPR needs support.]]>
<![CDATA[KETIMPANGAN RELASI KETATANEGARAAN DALAM PEMBENTUKAN UNDANG-UNDANG ANTARA DPR, DPD DAN KABINET PASCA AMANDEMEN UUD NRI TAHUN 1945 ]]>
<![CDATA[Helen, Zennis]]>;
<![CDATA[Siregar, Sahnan Sahuri]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Relationship of the state administration in the formation of laws between the DPR and DPD and how they relate to the cabinet of Joko Widodo-Jusuf Kalla. The risk of constitutionality that will be posed due to the unequal relations in the constitutional formation of the law. The solution to overcome this inequality. The constitutional relationship between the DPR and the DPD is really lame. This can be seen from the authority of the two institutions in the 1945 Constitution of the Republic of Indonesia. The DPR has the power to form laws. Whereas the DPD in particular in the formation of laws only has very little legislative rights when compared to the DPR. The lack of authority of the DPD poses a risk to the institution so that the DPD whose members are both elected by the people in the election and the budget from the state is not optimal in carrying out its functions, especially in the formation of laws. Until now, none of the bills that were born from the DPD initiative and the imbalance in the state administration relationship must be ended by changing the fifth 1945 Constitution, and for the short term President Joko Widodo-Ma, Ruf Amin must reactivate the Regional Autonomy Ministry in the next cabinet as a coordinating path for the DPD in defending regional interests.]]>
<![CDATA[ANALISIS YURIDIS PANDANGAN HAKIM PENGADILAN AGAMA GIRI MENANG TERHADAP EFEKTIVITAS PELAKSANAAN PUTUSAN NAFKAH PASCA PERCERAIAN ]]>
<![CDATA[Ernawati, Ernawati]]>;
<![CDATA[Humaedi, Humaedi]]>
<![CDATA[ Jurnal Muhakkamah Vol 4 No 2 (2019): Jurnal Muhakkamah ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Nahdlatul Wathan Mataram ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[The percentage of livelihoods after divorce in the Divorce Decision for the Petitioner (husband) in the Giri Menang Religious Court in the last 2 (two) years (in 2017 and 2018) is still very minimal. This was due to the fact that there were many divorce divorce cases which were not attended by the Respondent (wife) in their examination (the court), so that the case was decided by verstek (without the presence of the Respondent / wife). Form of consideration and legal basis for the Panel of Judges of the Giri Menang Religion Court in dropping the Decision on the post-divorce livelihoods of the divorce divorce case to the Respondent (husband. In 2017, the effectiveness of the implementation of the decision reached 83.33% and in 2018 (the period of January to August 2018 reached 75.00%. Thus, the Divorce Divorce Decision in which there was liability after divorce at the Giri Menang Religious Court. classified as effective The effectiveness of the Divorce Divorce Decision in which there is a post-divorce income burden in the Giri Menang Religious Court is influenced by 3 (three) main factors.]]>
