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Advokasi Hukum & Demokrasi
Published by Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun
ISSN : -     EISSN : 30250862     DOI : 10.61234
Core Subject : Humanities, Education, Social,
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Other
Advokasi Hukum & Demokrasi (AHD) adalah Jurnal ilmiah dengan fokus dan skop penelitian dan pengabdian masyrakat bidang ilmu hukum, hukum pidana, hukum perdata, politik dan demokrasi, hukum bisnis dan hukum lingkungan. Diterbitkan oleh Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun. Jurnal ini diterbitkan dua kali dalam satu tahun yaitu pada bulan Agustus dan Februari. Jurnal Advokasi Hukum & Demokrasi (AHD) melakukan proses peer review secara tertutup pada naskah yang diterima. E-ISSN 3025-0862
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2023): Advokasi Hukum " : 5 Documents clear
Dasar Hukum Pengajuan Peninjauan Kembali yang Dilakukan Oleh Kejaksaan Reni Halida Malik
Advokasi Hukum & Demokrasi (AHD) Vol. 1 No. 2 (2023): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v1i2.37

Abstract

The development of the community's need for legal renewal has given rise to many legal phenomena that have emerged at this time. One of them is the submission of legal action for Judicial Review (PK/Heirziening) which is submitted by the prosecutor, even though so far the public sees and knows that legal action for Judicial Review (PK)/Heirziening can only be submitted by the convict, his legal advisor or his heirs. This is clearly regulated in the Indonesian Criminal Procedure Law (KUHAP) that the legal action for Judicial Review (PK)/Herziening is carried out by the convict (can also be submitted through his legal advisor) or his heirs. The legal action for Judicial Review (PK)/Herziening by prosecutors has been carried out repeatedly in Indonesia , and the Chief Justice at the Supreme Court has several times granted the prosecutor's judicial review (PK)/Herziening. The formulation and historical background of the Criminal Procedure Code is clear that PK is the right of the convict or his heirs. The PK requested by the prosecutor has so far violated the regulations legislation. The Criminal Procedure Code does not at all mention that prosecutors can apply for PK, historically PK is actually given as a last resort to the convict or his heirs to change his 'fate'.
Hukum Perkawinan Campuran dan Hak Atas Tanah di Indonesia Ketut Oka Setiawan
Advokasi Hukum & Demokrasi (AHD) Vol. 1 No. 2 (2023): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v1i2.38

Abstract

Mixed marriage in Law No. 1 of 1974 (UUP) is a marriage between two people who in Indonesia are subject to different laws, because of differences in nationality and one of the parties is a foreign citizen and one of the parties is an Indonesian citizen (Article 57 UUP). Based on this statement, according to the UUP, mixed marriage regulations prohibit brides and grooms from different religions. The prohibition is mentioned indirectly in Article 2 paragraph (1) of the UUP, "marriage is valid if it is carried out according to the laws of each religion". If a husband and wife buy a piece of land after their marriage, it will automatically become the property of both of them (husband and wife), based on the provisions of Article 35 paragraph (1) of the UUP. However, if at the time or before the marriage takes place, they make a marriage agreement with separate assets, their ownership becomes each of the husband/wife (Article 29 yo 35 UUP). In mixed marriages referred to in Article 57 UUP, namely a marriage between two people who in Indonesia are subject to different laws, because of differences in nationality and one party is a foreign citizen and one party is an Indonesian citizen, it does not change their citizenship status, still for Indonesian citizens in this case their rights are limited and they are not even given the opportunity to become subjects of HM, HGU and HGB, if at the time or before their marriage they do not make a marriage agreement with separate assets. According to the law, a marriage agreement can only be made at or before the marriage, in other words a marriage agreement cannot be made after the marriage.
Pergeseran Hukum Kewarisan Islam di Indonesia dengan Pemberian Wasiat Wajibah Kepada Istri yang Non Muslim Berdasarkan Putusan Mahkamah Agung Nomor 16k/Ag/2010 Maman Suparman
Advokasi Hukum & Demokrasi (AHD) Vol. 1 No. 2 (2023): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v1i2.39

Abstract

The problem of Islamic inheritance law is very broad and complex, because it covers the scope of human life and society, from the problems of unborn children to death, so it is impossible to reveal the whole. In one family, if there are several adherents of different religions, namely some who are Muslims and some who are non-Muslims, of course problems will arise, especially problems involving inheritance if one of the family members dies. Regarding inheritance from different religions, Legal Compilation Islam (KHI) does not explicitly state that religious differences are a barrier to inheritance. According to the Fatwa of the Indonesian Ulema Council in number 2, that the gift of property between people of different religions can only be done by means of a gift, will or gift, however, if the heir during his lifetime does not provide the assets are in the form of bequests, wills or gifts, but the Fatwa does not regulate that heirs of different religions can be given the heir's inheritance by means of a Compulsory Will.
Quo Vadis Amandemen Konstitusi: Kebijakan Hukum Partisipatif-Populis Versus Representatif-Elitis Partice Rondonuwu
Advokasi Hukum & Demokrasi (AHD) Vol. 1 No. 2 (2023): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v1i2.40

Abstract

Constitutional and governmental issues and problems occur by looking at the interests of the elite and the will of the people who want fundamental changes related to state life and government life which affect the overall life of a nation state. Indonesia is a very large nation state with a state government that is managed from Sabang to Merauke with various tribes, religions, races and groups that are full of diversity. State and government life is not free from various problems at the elitist and populist levels which are resolved by just and civilized constitutional and governmental mechanisms. One of the various ways to make changes to constitutional legal policy is by making constitutional amendments to the 1945 NRI Constitution. Constitutional amendments to the 1945 NRI Constitution can be seen in the elitist representative legal policy model and the participatory-populist legal policy model. The battle of issues and problems as well as solutions based on representative-elitist legal policy versus populist participatory legal policy will create positive things (constructive nation-building in all fields) and negative things (destructive constitutional movements that destroy the foundations of the unitary state). Anticipating the occurrence of negative things will make the constitutional amendment run smoothly and all parties can accept it openly.
Analisis Kealpaan yang Mengakibatkan Matinya Orang Ditinjau dari Pasal 359 KUHP: Studi Kasus Putusan Perkara No. 952k/Pid/2010 Yudi Anton Rikmadani
Advokasi Hukum & Demokrasi (AHD) Vol. 1 No. 2 (2023): Advokasi Hukum & Demokrasi (AHD)
Publisher : Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/ahd.v1i2.41

Abstract

The Criminal Code (KUHP) in force in Indonesia, regarding crimes that result in the death of a person is regulated in "Title XII Book II of the Criminal Code which contains two types of criminal acts, namely Article 359 of the Criminal Code in the form of "Because the mistake (culpa) caused the death of a person ”, with the threat of imprisonment for a maximum of five years or imprisonment for a maximum of one year, while Article 360 ​​of the Criminal Code states “Because of his mistake (culpa) causing a person serious injuries or such injuries, so that person becomes temporarily ill or unable to carry out his office. or temporary work. The Criminal Code contains coercive rules for every citizen if he violates these rules or commits a crime, anyone who violates them will face punishment. Moreover, for the perpetrators of crimes that kill other people's lives, and for the perpetrators will be given legal sanctions in accordance with their actions, thus in society will achieve a "Legal Protection", because legal protection can give a sense of security and peace with the existence of "Legal Certainty". Thus "Legal Protection" and "Legal Certainty" are two inseparable sides. Legal protection cannot be felt without legal certainty, on the contrary, with upholding legal certainty, legal protection will be enjoyed by the community.

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