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Jurnal Hukum Jurisdictie

Jurisdictie
Website

Published by Universitas Islam As-Syafi'iyah

ISSN : 16935918 EISSN : 28098641 DOI : https://doi.org/10.34005/jhj

Core Subject : Humanities, Social,

Humanities Law, Crime, Criminology & Criminal Justice

Jurnal Hukum Jurisdictie is focused on publishing the original research articles, review articles from contributors, and the current issues related to Law Studies. The main objective of Jurnal Hukum Jurisdictie is to provide a platform for the international scholars, academicians, and researchers to share the contemporary thoughts in the fields of Law Studies. SCOPE. Jurnal Hukum Jurisdictie publishes research papers in the all the fields of Law Studies. Constitutional Law, Criminal Law, Business Law Syaria Business Law, International Law, Islamic Law, Anti-Corruption Law

Arjuna Subject : Ilmu Sosial - Hukum

Articles 52 Documents

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Analisis Penerapan Hukum Waris Adat dan Hukum Waris Islam di Masyarakat Seberang Kota Jambi Sri Hayani; Zainal Arifin Hoesein; Fauziah Fauziah
Jurnal Hukum Jurisdictie Vol 3 No 1 (2021): Aspek Syariah dalam Perkembangan Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Regulations regarding inheritance in Indonesia still have pluralism, namely Islamic inheritance law and civil inheritance law. Civil inheritance law is further divided into civil inheritance law which is subject to the Civil Code and civil inheritance law which is subject to customary inheritance law (sourced from customary law which is different in each region). The diversity in the law cannot be found from the classifications in society that have been carried out since the colonial era. The division of the Indonesian population is based on Article 131 IS and Article 163 IS. (Indische Staats Regeling). The Jambi City Seberang community is one of the Jambi city community communities whose population is predominantly Muslim. In distributing inheritance they have various guidelines, some are guided by Islamic inheritance law, some are guided by customary inheritance law. However, the majority of the people prefer customary inheritance law. However, in practice the implementation of inheritance distribution uses Islamic inheritance law, customary inheritance law and grants. The objectives of this study are: 1. To find out the mechanism for the distribution of inheritance in the Seberang City Jambi community 2. To find out the application of the law in the Seberang Jambi City community in obtaining legal certainty. This research uses qualitative research, the type of research is case study, data collection is done by interview, field observation, and documentation. After the data is obtained, then it is analyzed and the results can open the mechanism of inheritance distribution in communities across the city of Jambi, namely: determining the distribution of inheritance if a single husband and wife and more than one wife, then separating the inheritance into 3 parts, namely heavy assets, light assets and Seko, secondly, the application of the law of inheritance distribution across the city of Jambi is that all heirs divide their inheritance by combining customary inheritance law and Islamic inheritance law based on the belief that they have implemented customary law that they have had for generations but not leave Islamic inheritance law as the basis for the beliefs they profess and believe in. All research results are in written form that is neatly arranged and detailed.

Analisis Hukum terhadap Penetapan Kuasa Asuh Anak sebagai Akibat Perceraian (Analisa Hukum Pasal 156 Kompilasi Hukum Islam) Maryanih Maryanih; Andi Akram; Syarif Fadillah
Jurnal Hukum Jurisdictie Vol 3 No 1 (2021): Aspek Syariah dalam Perkembangan Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Divorce has legal consequences, such the distribution of marital property, and child custody. In the Compilation of Islamic Law, child custody must be seen from the child condition, where in the provisions of Article 105, it is known that child custody must see whether the condition of mummayiz or not. For children who are not yet mummayiz, the custody of the child is given priority to the biological mother, but it is not uncommon where in divorce cases, the child is not yet mummayiz, the custody rights are delegated to his biological father, so the purpopse in this study, is intended to examine and analyzing the position of child custody due to legal divorce consequences according to the Compilation of Islamic Law and who has the right of child custody due to legal consequences of divorce. This study uses a normative research method, with the data used is secondary in the form of library data. The results of the study indicate that the position of parents in child custody due to the legal consequences of divorce according to the Compilation of Islamic Law, is based on Article 105 and Article 156 of the Compilation of Islamic Law, where the hadhanah of the child, the biological mother is preferred, but if there are certain conditions based on Article 156 of the Compilation Islamic law, where the hadhanah holder cannot guarantee the physical and spiritual safety of the child, of course the child's hadhanah can be transferred.

Penegakkan Hukum terhadap Tindak Pidana Pencurian Data Pribadi melalui Internet Ditinjau dari Undang-Undang Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 tentang ITE (Informasi dan Transaksi Elektronik) Mia Puspita Sari; Damrah Mamang; Moh Zakky
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Mia Puspita Sari, 1220150021, Law Enforcement of the Crime of Personal Data Theft Through the Internet Judging from Law No. 11 of 2008 concerning Amendments to Law No.19 of 2016 concerning ITE (Information and Electronic Transactions) Faculty of Law, Islamic University As-Syafi’iyah, 2020. This thesis discusses the theft of personal data that often occurs but law enforcement is still minimal. The object of research uses a case study of the Purwakarta District Court Decision with the problem approach used is the normative juridical problem approach, namely the approach taken through literature study by examining secondary data in the form of laws and regulations, and empirical juridical by conducting interviews with several sources of regulation analysis and analysis law enforcement process. Lack of awareness of the victims to report their cases, makes the law enforcement process is still minimal. Based on the results of the research and discussion carried out that in law enforcement against the theft of personal data of the user of the provider is carried out by means of prosecution and non-punishment by the Purwakarta Regional Police and the Ministry of Communication and Information.

Tanggung Jawab Pemilik Konten yang Mengunggah Ulang Video di Jejaring Media Sosial Menggunakan Prinsip Penggunaan Wajar menurut Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta muhammad Ifqie Dzikrullah; Efridani Lubis; Fauziah Fauziah
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

This thesis discusses the responsibility of content owners who re-upload videos on social media networks. This thesis is motivated by the large number of re-uploaders making content creators nervous because a content creator has made a video with great effort. Many YouTubers have appealed to "against" re-uploaders by not watching their videos, but even with the appeal there are still many actors who re-upload them in cyberspace. The formulation of the problem in this thesis is about How Law No.28 of 2014 concerning Copyright regulates re-uploading of video content networked by social media and How is the responsibility of content creators who re-uploaders to the original owner of content networked by social media. This type of research is library research which then collects and studies data that comes from books, literature, scientific journals, legal documents related to the object of research. The results of this study explain that the perpetrator's responsibility to deactivate the account is as done by the perpetrator of a fatal re-upload as was done by the Malik Tube Youtube channel which uploaded all the contents of the Dalang Pelo channel. Because there were many negative comments and received a warning from Youtube, the content was finally deactivated permanently. The conclusion of this thesis is that regarding the responsibility of content creators who are proven to re-upload at this time only apologies to their personal social media, and delete the content from their accounts and even deactivate the account forever.

Perlindungan Hukum terhadap Konsumen dalam Transaksi E-Commerce (Studi Kasus E-Commerce pada Media Sosial Instagram) Muhammad Reza; Slamet Riyanto Anwar; Muhammad Fahruddin
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

The issue of consumer protection in e-commerce is an important aspect to pay attention to because some of the typical characteristics of e-commerce will put consumers in a weak or disadvantaged position. Therefore, this research and writing focuses on the formulation of the problem, namely: 1. How is legal protection for consumers in transacting through Instagram media? 2. What is the Consumer Protection Law No. 8 of 1999 can protect consumers in e-commerce transactions? 3. What are the forms of responsibility of business actors related to fulfilling consumer rights in buying and selling transactions on Instagram media? This study aims to determine the legal protection of consumers in transacting through Instagram media, analyzing the Consumer Protection Law No. 8 of 1999 which can protect consumers in e-commerce transactions and find out the forms of responsibility of online business actors related to fulfilling consumer rights in buying and selling transactions on Instagram media. This research uses normative legal methods and statutory approaches as well as case studies.

Penanggulangan Tindak Pidana Cyber Terrorism dalam Perspektif Kepastian Hukum Arvid Gema Indrawan; Abdul Harris Semendawai; Wiryanto Wiryanto
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

One example of the Cyber terrorism case committed by Bahrumsyah and M. Bahrun Naim, who is known to have transferred funds to make car bombs to ISIS support groups in Solo. So based on the crimes committed by Bahrun in getting money from the ISIS group in Syria, while the money sent to his network in Indonesia was carded. The main problem of this research is law enforcement in the prevention of cyber terrorism according to Indonesian positive law, and the legal provisions for tackling cyber terrorism from the perspective of legal certainty. This research is included in the normative juridical research typology with secondary data types, so as to produce research in the form of prescriptive analytical through literature studies. The results of this study reveal that there is no law enforcement in the prevention of cyber terrorism. Theoretically, the perpetrators of cyber terrorism cannot be held accountable because criminal liability takes into account the elements against the law in the formulation of offenses and is related to the principle of legality and elements of guilt. The lack of certainty in tackling cyber terrorism is due to the higher frequency of technology use with a developing system, with the existing convergance of media. It is hoped that it can provide legal certainty that comprehensively regulates the movement and use as well as irregularities in cyber crime that uses computers as the main tool and benefits of the developing technological media

Pengaturan Kaidah Manajemen Risiko Atas Penawaran Saham Berbasis Teknologi Informasi (Equity Crowfunding) untuk Pengembangan UMKM di Indonesia Bahtiar Bahtiar; Efridani Lubis; Hapendi Harahap
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Indonesian Government has already put a substantial attention on the development of MSMEs (micro, small, medium enterprises) since the new order regime with regard to the huge number of businessmen and labors involved. Financial technology industry in Indonesia including ECF grows rapidly in recent years but still not supported by a specific constitutional legal standing yet. As part of financial technology products, ECF has been regulated by Indonesian Financial Services Authority in regulation No.57/POJK.04/2020. ECF becomes one of the potential funding sources option for the development of MSMEs and also one alternative for investment purposes in which the issuer offers the sales of equity directly to the investors by using the open network electronic systems. This normative juridical study is aimed to identify the regulation related to risk management, to identify risks in Indonesian ECF’s platform business and risk management regulation setting direction in the future. The aforementioned regulation did not provide risk management guidance for ECF platform. By adopting to the ECF’s platform systematic and comprehensive taxonomy of legally mitigated risks model proposed by Podar Manan et al., the researcher finds at least 12 major risk classification with 42 risk events in Indonesian ECF industry that have to be mentioned and mitigated by the ECF platform. Investors in ECF platforms are exposed to at least 10 risk classification that also have to be considered. Especially for legal risk issues, the researcher identifies at least 11 risk events along with its mitigation initiatives which can be used as reference for the ECF platform.

Konsep Hukum Biodiversitas dalam Dunia Digital (Fondasi Teoritik Pengembangan Hukum Lingkungan Indonesia Berbasis Biodiversitas) Efridani Lubis
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Biodiversity protection in Indonesia becomes an urge considering that the number of it is numerous since Indonesia categorized as one mega-biodiversity countries in the world. Biodiversity protection in Indonesia is still based on international system which is political approach. While biodiversity conservation needs all aspects to support the conservation. One of the proposal in the term of the conservation is introducing Biodiversity Law as part of education system for legal profession. Developing existing Environment Law lead to the possibility of Biodiversity Law since the two subject has similar system. The difference is Biodiversity Law focus on protection and utilization of biodiversity in general term including genetic resources as a clear and structured protection instrument so that explore and exploit the biodiversity could be done with full responsibility for assurance to next generation beneficial. However, this will take several steps, and the first step is inserting the subject to Environment Law as material course for law students in Indonesia.

Strategi Berargumentasi dalam Menyelesaikan Masalah Hukum Siti Nur Intihani
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Legal argumentation is the reason for a clear description of the explanation, in the form of a series of logical statements, to strengthen or reject an opinion, stance or idea, relating to the principles of law, legal norms and concrete legal regulations, as well as legal systems and legal discoveries. The study of legal arguments is carried out using normative juridical methods, namely reviewing secondary data in the form of primary, secondary and tertier legal materials. The question that will be studied is how the strategy of argumentation in solving legal problems. The results of the study concluded that actions must be taken to find strong legal arguments in resolving or finding solutions to legal problems, namely by doing: a) Fact Gathering; b) Classification of Legal Issues; c) Identification and Selection of Relevant Legal Issues; d) Legal discoveries relating to Legal Issues; e) Application of the Law. In the application of the law there are often obstacles, including overlapping authorities and conflicts of interest that occur due to differences in interests and differences in how to interpret laws and regulations. In this regard, interpretation, reasoning and legal argumentation are carried out to prevent and overcome overlapping authorities and conflicts of interest and turn it into an arena of cooperation between governments, entrepreneurs, and society. The conclusion of this study is that legal argumentation is a scientific skill in finding legal solutions, a form of analysis to reach a solution is by the existence of legal opinions. A meaningful argument is built only on logic. In other words, a "conditio sine qua non" decision may be accepted, if based on a process of reason, in accordance with the formal system of logic which is an absolute condition for argumentation. In order for an argument to have meaning, a basic material and an appropriate way are needed. The basic material needed to conduct legal agumentation is an understanding of a matter about law related to legal science. The ability to understand basic materials alone is not enough if it is not presented in the right way. For this reason, a mastery of parables is needed in carrying out the thought process to facilitate using legal arguments

Penerapan Teori Heuristika Hukum dalam Sistem Peradilan Pidana di Indonesia Syarif Fadillah
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Teori Heuristika berasal dari kata heuriskein (Yunani), dalam bahasa latin heuristicus yang berarti “to find out” atau “discover”. It's to find something. Heuristika is serving to find out or discover or attempt to discover (something new knowledge). In another sense, heuristika is "the branch of logic which treats of the art of discocery or invention" (a branch of logic that deals with the art of discovering a new knowledge). According to Prof. Dr. Syarifuddin, SH. MH., (Chairman of the Supreme Court of Indonesia), when dismissing Pidoto during his inauguration as a professor not fixed at the Faculty of Law, Diponegoro University Semarang, told his fellow judges throughout Indonesia, in deciding the case of criminality should not only fixate on the mormative rules alone, must think holistically and preogresif by putting forward human values in realizing true justice. From the expression of the Chief Justice, in the practice of the Criminal Justice System in Indonesia, has the theory of Heuristika Law has been applied? If you look at the formil criminal law regulations that apply in Indonesia, namely Law No. 8 of 1981, on the Criminal Procedure Law Law, the sabenarnya Heuristika Hukum already exists in the concept of Akusatoir and The Principle of Diversion with Restorative Justice. Even in the criminal act of Corruption, the Supreme Court of Indonesia has issued PERMA No. 1 of 2020 on The Guidelines for Prosecution for Corruptors. Perma, according to the Chief Justice of the Supreme Court, is an effort to apply the theory of heuristika law in the enforcement of corruption crimes. But we realize that in practice there are still only examiners, prosecutors and judges, who still use the ways of the concept of Inkisatoir and only guided by laws and regulations only in the process of law enforcement, without looking more deeply into human values. For this reason, the theory of heuristika law must be applied and / or used by law enforcement, from the stage of investigation, prosecution and the process of making a decision. Even at the execution stage until it comes back to society.

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Efridani Lubis

Contact Email fhuiajurisdictie@gmail.com

Phone +6221-8484719

Journal Mail Official fhuiajurisdictie@gmail.com

Editorial Address Gedung Alawiyah Lt. 5, Jalan Raya Jatiwaringin No. 12 Pondok Gede, Jakarta, Indonesia, 17411

Location Kota bekasi, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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Abstract

Contact Name
Efridani Lubis

Contact Email
fhuiajurisdictie@gmail.com

Phone
+6221-8484719

Journal Mail Official
fhuiajurisdictie@gmail.com

Editorial Address
Gedung Alawiyah Lt. 5, Jalan Raya Jatiwaringin No. 12 Pondok Gede, Jakarta, Indonesia, 17411

Location
Kota bekasi,

Jawa barat

INDONESIA