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INDONESIA
REUSAM ; Jurnal Ilmu Hukum
Published by Universitas Malikussaleh
ISSN : 23384735     EISSN : 27225100     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Jurnal Reusam merupakan jurnal dibawah fakultas Hukum Universitas Malikussaleh yang pertama kali diterbitkan dalam edisi cetak pada bulan Mei 2013. Jurnal Reusam berisi tulisan atau artikel ilmiah ilmu hukum berupa telaah konseptual, analisis kasus, kajian undang-undang, dan hasil penelitian lainnya yang berkaitan dengan ilmu hukum.
Arjuna Subject : -
Articles 11 Documents
 1   2 
Search results for , issue "Vol 3, No 1 (2015): Mei" : 11 Documents clear
Prinsip-Prinsip Perjanjian Muamalat dalam Hukum Perbankan Syariah di Indonesia Faisal, Faisal
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : Universitas Malikussaleh

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Abstract

According to the practice of Islamic banking principles, a bank should have muamalat agreement including the principle of deposit or deposits (depository/al-wadi'ah), the principle of profit sharing (profit-sharing), purchase (sale and purchase), leases (operational and financial lease lease), and services (fee-based services). Legal agreement adheres to several principles, including the principle of the freedom of an agreement (the sense of autonomy), the principle of adjustments will, and the principle of trust. In addition, there is also the principle of binding force, the principle of legal equality, the principle of balance, the principle of legal certainty, moral principles, merit principle, and the principle of habit.
Pengaturan Perlindungan Hukum Terhadap Pengguna Jasa Transportasi di Darat atas Kehilangan dan Kerusakan Barang Kiriman Fatahillah, Fatahillah
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : Universitas Malikussaleh

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Abstract

Under the provisions of law number 22 of 2009 on traffic and road transport in article 193 states the responsibility of transport companies losses. Article 193 mentions the liability rules on compensation of corporate transportation. In the implementation of the transport was not immune from problems, such as broken, lost and late to the purpose it is due to the negligence of the transport or due to circumstances unforeseen for goods shipped to the detriment of the shipper, or may be carrying less attention to security and safety in the transport goods. In the case of dispute resolution to be taken as a result of damage and loss of goods to get right back to efforts to produce a consensus agreement between the parties. The completion of the deliberation will usually produce an agreement with the results of each of the parties mutually beneficial in order to maintain the good name of company transport services and service users are not unduly disadvantaged.
Akses dan Pembagian Manfaat di dalam Draft Akademik Rancangan Undang-Undang Pengelolaan Sumber Daya Genetika Yulia, Yulia
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : Universitas Malikussaleh

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Abstract

Access and benefits sharing is one principle in the Convention on Biological Diversity (CBD) and reaffirmed in Nagoya Protocol. The principle has supported to provider countries of biodiversity to getting benefits sharing of used biodiversity by industries. Therefore, its to getting benefits sharing which fair and balanced, provider countries require specific regulation. Draf Akademik Rancangan Undang-undang Pengelolaan Sumber Daya Genetika (Academic Draft of RUU) is realization require of Indonesia to getting benefits sharing. This article has founds are Academic Draft of RUU the Genetic Resources Management has corresponded with CBD and Nagoya Protocol. Although, there are any points that are not clear, as like the scope of biodiversity and usage.
Lelang Jabatan dalam Sistem Hukum di Indonesia Sari, Elidar
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : Universitas Malikussaleh

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Abstract

The case of official positional auction under Indonesia legal system is not yet determined hence on this case, the civil servant regulation is adopted as a reference on goverment organization. Therefore, the government body or state officials may consider any policy in order to fullfil the public demand. Indonesian officials have right to act based on Fress Ermessen’s principle which can provides the freedom for authorized party to make decision as long as it is still on the track and does not overreach legal procedure. Consequently, the official positional auction is considered as a policy that belong to all state officials as long as it does not againts the law.
Tipologi Korupsi Serta Penanganan yang Berkepastian Hukum dan Keadilan Yusrizal, Yusrizal
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : Universitas Malikussaleh

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Abstract

The concept of state law (rechtstaat) relating to corruption cases has to be conducted by implementing law enforcement, law certainty, and justice. Any kind of policy in relation to corruption eradication has to be done based on the application of legislation. The rule of legal officers in eradicating corruption is highly influenced by the integrity of morality and personal ethics (the maturnity of spiritual intelligence) by having good understanding on corruption eradication which is very significant in making a decision in relation to corruptor.
Kebijakan Formulasi Pertanggungjawaban Pidana Terhadap Korporasi Husni, Husni
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : Universitas Malikussaleh

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Abstract

According to criminal law regulation, the human is only the subject to be blamed in term of criminal action. A human can be as a guilty party of any criminal case. . However, this regulation has been abandoned by the Indonesian law system because of the perspective change that beside human, the corporate bodies are also as the subject of guilty party if the legal regulation is specificly determined by Legal Code in term of specific case. Therefore, based on the legal regulation, the corporate bodies are treated as equal as human in term of the subject of lawsuit so the , the rejection of prosecution toward corporate bodies based on Delinguere University’s doctrine- non potest has been changed by accepting the concept of functional doer. (fungtioneel daderschap). Although the constitution considers the corporate bodies as the subject of the lawsuit, the responsibility of criminal prosecution will be treated in a different ways from humans as a subjet of lawsuit. Although the corporate bodies can be prosecuted, the issue in implementing the case still remains due to the variation of the terminology used. Additionally, the other challenge is because the regulation implemented relating to corporate bodies’ lawsuit is still not determined specifically in criminal code. It is also insufficient and inconsistent prosecution regulation regarding to corporate body lawsuit.
Prinsip-Prinsip Perjanjian Muamalat dalam Hukum Perbankan Syariah di Indonesia Faisal Faisal
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : LPPM Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/reusam.v3i1.1947

Abstract

According to the practice of Islamic banking principles, a bank should have muamalat agreement including the principle of deposit or deposits (depository/al-wadi'ah), the principle of profit sharing (profit-sharing), purchase (sale and purchase), leases (operational and financial lease lease), and services (fee-based services). Legal agreement adheres to several principles, including the principle of the freedom of an agreement (the sense of autonomy), the principle of adjustments will, and the principle of trust. In addition, there is also the principle of binding force, the principle of legal equality, the principle of balance, the principle of legal certainty, moral principles, merit principle, and the principle of habit.
Pengaturan Perlindungan Hukum Terhadap Pengguna Jasa Transportasi di Darat atas Kehilangan dan Kerusakan Barang Kiriman Fatahillah Fatahillah
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : LPPM Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/reusam.v3i1.1958

Abstract

Under the provisions of law number 22 of 2009 on traffic and road transport in article 193 states the responsibility of transport companies losses. Article 193 mentions the liability rules on compensation of corporate transportation. In the implementation of the transport was not immune from problems, such as broken, lost and late to the purpose it is due to the negligence of the transport or due to circumstances unforeseen for goods shipped to the detriment of the shipper, or may be carrying less attention to security and safety in the transport goods. In the case of dispute resolution to be taken as a result of damage and loss of goods to get right back to efforts to produce a consensus agreement between the parties. The completion of the deliberation will usually produce an agreement with the results of each of the parties mutually beneficial in order to maintain the good name of company transport services and service users are not unduly disadvantaged.
Akses dan Pembagian Manfaat di dalam Draft Akademik Rancangan Undang-Undang Pengelolaan Sumber Daya Genetika Yulia Yulia
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : LPPM Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/reusam.v3i1.1949

Abstract

Access and benefits sharing is one principle in the Convention on Biological Diversity (CBD) and reaffirmed in Nagoya Protocol. The principle has supported to provider countries of biodiversity to getting benefits sharing of used biodiversity by industries. Therefore, its to getting benefits sharing which fair and balanced, provider countries require specific regulation. Draf Akademik Rancangan Undang-undang Pengelolaan Sumber Daya Genetika (Academic Draft of RUU) is realization require of Indonesia to getting benefits sharing. This article has founds are Academic Draft of RUU the Genetic Resources Management has corresponded with CBD and Nagoya Protocol. Although, there are any points that are not clear, as like the scope of biodiversity and usage.
Lelang Jabatan dalam Sistem Hukum di Indonesia Elidar Sari
Jurnal Ilmu Hukum Reusam Vol 3, No 1 (2015): Mei
Publisher : LPPM Universitas Malikussaleh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29103/reusam.v3i1.1950

Abstract

The case of official positional auction under Indonesia legal system is not yet determined hence on this case, the civil servant regulation is adopted as a reference on goverment organization. Therefore, the government body or state officials may consider any policy in order to fullfil the public demand. Indonesian officials have right to act based on Fress Ermessen’s principle which can provides the freedom for authorized party to make decision as long as it is still on the track and does not overreach legal procedure. Consequently, the official positional auction is considered as a policy that belong to all state officials as long as it does not againts the law.

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