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INDONESIA
KHAIRUN LAW JOURNAL
Published by Universitas Khairun
ISSN : 25809016     EISSN : 25811797     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Khairun Law Journal (KLJ) is an official journal of Faculty of Law, Khairun University. KLJ published semi-annualy in September and March. The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in KLJ is deal with a broad range of topics, including:Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Agrarian Law; Adat Law; and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 67 Documents
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Peran Hakim Pengadilan Agama dalam Upaya Mengatasi Tingkat Perceraian di Kota Ternate Suwarti Suwarti
Khairun Law Journal Volume 1 Issue 2, March 2018
Publisher : Faculty of Law, Khairun University

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Abstract

Divorce is something that must be avoided, because divorce is lawful in its legal position, but the impact it has is quite large both on husband, wife and also his children and on the surrounding community. Islam views divorce as a lawful but very wrath of God, so that divorce is the last resort that can be taken if the household conditions can no longer be maintained, or if the marriage is maintained can lead to greater harm. Therefore Islam considers divorce to be complicated and is the last resort that can be taken by husband and wife if it does not find a solution to the problems of the household. The number of divorces that occurred in the city of Ternate increased partly because of the settlement factor that almost all cases filed ended in litigation at the Ternate City Religious Court, although non-litigation divorce settlement could be taken to reduce the number of divorces submitted
POSITIVISTIC LEGAL DIALECTICS - POSITIVISTIC POST (Comparative Study of Law Towards Legal Reform ucuk agiyanto
Khairun Law Journal Vol 5, No 1 (2021): September 2021
Publisher : Faculty of Law, Khairun University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1141.155 KB) | DOI: 10.33387/klj.v5i1.3760

Abstract

According to the post-positivist figures, basically post-positivists exist to dissect the mistakes made by positivists. Positive law based on objective, empirical and rational nature and supported by systematic, procedural and formal models has become a strong mainstream in Indonesia. The main stream makes legal science feel narrow and underdeveloped. This creates legal problems in society. On the other hand, there are new ideas that carry post-positivism in the field of law with a subjective, abstract and irrational paradigm and supported by theology and God. To overcome the legal problems mentioned above, a comparative dialectic of law between positivistic and post-positivistic law is needed so that it can form a new paradigm in law with an objective-subjective, empirical-abstract, rational-irrational nature and supported by wise systematic, procedural and formal patterns..
Penerapan Sanksi Pidana Denda Sebagai Upaya Menekan Tingkat Pelanggaran Lalu Lintas di Kota Ternate M. Agus F Sudarsono; Faissal Malik; Anshar Anshar
Khairun Law Journal Volume 4 Issue 1, September 2020
Publisher : Faculty of Law, Khairun University

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Abstract

The legal basis regulating traffic is Law of the Republic of Indonesia Number 22 of 2009 concerning "Road Traffic and Transportation" (hereinafter written UULAJ). Traffic procedures are regulated in Article 105 to Article 126 UULAJ. However, the current high number of traffic violations is one of the causes of the high number of traffic accidents that occur. With the increasing need for transportation for the community, there are also more vehicles in the traffic lane so that it cannot be denied that it will cause violations to be committed, especially by motorized vehicle drivers which results in quite difficult and complicated problems. Fines are a type of crime that is generally imposed on all violations. The fact is currently happening in Kota Ternate, although the ticket fines already exist, the number of traffic violations is always there and tends to increase. One of the causes is the low number of fines imposed by the District Court Judges of Ternate on traffic offenders so that traffic offenders feel that they are able to pay the sanctions given and the supervision of traffic officers is not proportional to the size of the area being supervised so that it causes unevenness and weakness. supervision of offendersSanctions; Criminal Fines; Traffic violations
International Humanitarian Law Review on Genetically Modified Super Soldier Nur Asmi
Khairun Law Journal Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University

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Abstract

This research aims to find out and understand genetically modified super soldier as well to find out and understand whether genetically modified super soldier is legitimate under international humanitarian law.This paper used normative legal approach by utilizing literature study. Data collected are secondary data derived from conventions, books, research, scientific journal and other written sources relevant. Data collected was analyzed descriptively.The result inflicted of this research as follows: 1) Genetically modified super soldier is genome manipulation on soldier aimed to modify sequencing or gen characteristic to create stronger soldiers by utilizing biotechnology, pharmacology, neuroscience, nanotechnology, and biochemical. 2) Genetically modified super soldier collides ethical and human rights as it did not consider informed consent of soldier. Genetically modified super soldier requires law review in its justification as means and method of warfare because some of genetically modified super soldier technologies constitute possibilities in disobeying international humanitarian law principles, and its justification of means and method of warfare that did not comply ethical requirement.
Efektivitas Peranan Direktorat Jenderal Bea dan Cukai Dalam Pengawasan Atas Barang Impor Fasilitas Kawasan Berikat Di Wilayah Hukum Kantor Pengawasan Dan pelayanan Tipe Madya Pabean B Makassar Sainal Sainal; Rusdin Alauddin; Nam Rumkel
Khairun Law Journal Volume 3 Issue 1, September 2019
Publisher : Faculty of Law, Khairun University

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Abstract

Fungsi Kawasan Berikat adalah sebagai tempat penyimpanan, penimbunan, pengolahan barang yang berasal dari dalam dan luar negeri. Kemudahan yang diberikan dalam kawasan berikat adalah pelayanan dan pengurusan dokumen ekspor dan impor berada dalam satu atap (satu kantor). Perusahaan penerima fasilitas kawasan berikat mendapatkan fasilitas penangguhan bea masuk, yaitu peniadaan untuk sementara kewajiban pembayaran bea masuk sampai dengan timbulnya kewajiban untuk membayar berdasarkan undang-undang. Jadi sepanjang ketentuan yang menyebabkan harus dibayarkannya bea masuk tersebut tidak terjadi maka penangguhan bea masuk tetap berlaku. Apabila perusahaan hendak mengeluarkan barang asal impor ke dalam daerah pabean (diimpor untuk dipakai), maka akan dipungut bea masuk, sepanjang pengeluarannya tersebut tidak ditujukan kepada pihak yang mendapatkan fasilitas pembebasan atau penangguhan bea masuk.
Syarat Subjektif dan Objektif Sahnya Perjanjian dalam Kaitannya dengan Perjanjian Kerja Suwarti Suwarti; Faissal Malik
Khairun Law Journal Volume 2 Issue 1, September 2018
Publisher : Faculty of Law, Khairun University

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Abstract

The Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and voidThe Law of the Republic of Indonesia Number 13 Year 2003 regarding Manpower explicitly stipulates that an employment agreement is made on the basis of: (i) an agreement between the two parties, (ii) the ability or ability to perform legal actions, (iii) the existence of the promised work, and ( iv) the work promised is not contrary to public order, decency, and applicable laws and regulations. Based on these provisions, which include subjective conditions for the validity of the work agreement are: (i) agreement between the two parties, (ii) the ability or ability to do the agreement is not contrary to public order, decency, and applicable laws and regulations. The legal implications for the work agreement can be canceled, while the work agreement that does not meet the objective objectives of the validity of the employment agreement is that the employment agreement is null and void
Criminal Sanctions in the Application of Electronic Ticketing Using CCTV (Closed Circuit Television) Recording by Satlantas Polda Maluku Utara Muhammad Mufti; Dewi Suyatni; Faisal Faisal
Khairun Law Journal Vol 4, No 2 (2021): Maret 2021
Publisher : Faculty of Law, Khairun University

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Abstract

This study aims to determine how the criminal sanctions against electronic traffic ticket offenders using CCTV (Closed Circuit Television) recordings and what obstacles are experienced by the North Maluku Regional Police in the application of electronic ticket penalties using CCTV (Closed Circuit Television) recordings. The type of research used in this research is empirical normative research type. Location This research was conducted at the North Maluku Police Traffic Unit. In addition, researchers also conducted direct interviews with the community regarding the application of electronic ticketing by the North Maluku Police Traffic Unit which was recently implemented in Ternate City. Then, the data obtained were analyzed descriptively qualitatively. Based on the pre-research conducted by researchers, the e-ticket system used by the North Maluku Police Traffic Police is regulated in article 272 of Law number 22 of 2009 concerning road traffic and transportation, the application of e-ticketing through CCTV footage is not yet fully effective because it has only been implemented in one city out of 10 municipalities in North Maluku Province, namely Ternate City, and is still in the socialization period, but what researchers highlight is the application of e-ticketing penalties that have not been clearly regulated by the traffic law. How are the criminal sanctions applied by the North Maluku Police Traffic Unit, if the vehicle recorded by CCTV is not the legal owner listed on the vehicle registration documents (Vehicle Registration Certificate), how is the application of traffic penalties against vehicles or offenders who are sanctioned criminal. One of the principles of criminal law is that there is no crime without error, that a person can only be punished for his actions if there is an error in himself. Whether the offender driving the vehicle at that time, not the legal owner of the vehicle listed on the vehicle registration certificate, is given a criminal sanction. Or is it the owner of the vehicle who must be responsible for the negligence of the offender? The obstacle experienced by the North Maluku Police Traffic Unit is the absence of a traffic regulation that clearly regulates e-ticketing penalties
Menakar Nilai Agama dan Moral dalam Hukum Pidana Indonesia Amriyanto Amriyanto
Khairun Law Journal Volume 1 Issue 1, September 2017
Publisher : Faculty of Law, Khairun University

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Abstract

Efektivitas Pelaksanaan Amdal pada Kegiatan Pertambangan di Provinsi Maluku Utara Saiful Hi Soleman; Rusdin Alauddin; Irham Rosyidi
Khairun Law Journal Volume 3 Issue 2, March 2020
Publisher : Faculty of Law, Khairun University

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Abstract

Tidak semua perusahan pertambagan / pemrakarsa yang melakukan laporan pengelolaan dan lingkungan yang dapat menimbulkan tanggung jawab dalam pelaksanaan AMDAL yang berimplikasi pada menurunya yang memiliki kualitas dan kualitas AMDAL. Terhadap Evektifitas pelaksanaan Amdal sudah sesuai prosedur akan tetapi sejauh ini pengawasannya kurang maksimal, karena pihak perusahaan pertambagan / pemrakarsa tidak tebuka dalam hal pengelolaan dan lingkungan lingkungan.
Handling of Violent Crimes Between Community Groups in Ternate Conducted by the Police Muhammad Rizkal Kunio; Ridjal Junaidi Kotta; Nam Rumkel
Khairun Law Journal Volume 2 Issue 2, March 2019
Publisher : Faculty of Law, Khairun University

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Abstract

Efforts to tackle crime in general can be divided into two, namely the path of punishment (criminal law) and through non-punishment (not / outside of criminal law). The two pathways can be distinguished that, with efforts to overcome through the penalty line more focused on the repressive nature (oppression / eradication / suppression) after the crime occurred, while the non-penal route is more focused on the nature of the prefentive (prevention / deterrence / control) before the crime occurred. This research was conducted to find out what are the factors causing the occurrence of acts of violence between community groups in Toboko and Mangga Dua in Ternate City as well as the form of handling conducted by the Police Resort of Ternate on the issue. The results of the research in the field found that there were 2 (two) factors that caused violence between Toboko and Mangga Dua groups, namely group factors and individual factors, while the form of handling undertaken by the Ternate Resort Police was by taking preventive measures and repression.

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