Syiah Kuala Law Journal最新文献_第3页

The State's Responsibility To The Journalist Profession: The Problems Of Journalist Competency Test 国家对记者职业的责任:记者能力测试的问题

Syiah Kuala Law Journal Pub Date : 2022-04-21 DOI: 10.24815/sklj.v6i1.28311

Kriswanto Kriswanto, Ruetaitip Chansrakaeo

{"title":"The State's Responsibility To The Journalist Profession: The Problems Of Journalist Competency Test","authors":"Kriswanto Kriswanto, Ruetaitip Chansrakaeo","doi":"10.24815/sklj.v6i1.28311","DOIUrl":"https://doi.org/10.24815/sklj.v6i1.28311","url":null,"abstract":"The press or mass media is one of the pillars of democracy that functions as a balancer and means of control for the course of government and social life. This study focuses on the role and position of the Press Council in providing legal protection for the journalist profession who does not have a Journalist Competency Test program certification (Uji Kompetensi Wartawan or UWK). This research is normative legal research. Normative legal research emphasizes the coherence between the concept of law and the rule of law. In addition, this study also uses primary, secondary, and non-legal materials. The approach in this study uses a conceptual approach and a statutory approach. This legal research states that UWK as organized by the Press Council is the general ethical will of the journalist community to be bound by an instrument that targets the determination of competency parameters of the journalist profession. Furthermore, the state's responsibility for journalists who have not followed the UWK is carried out through two legal protection schemes, namely preventive legal protection and repressive legal protection. Thus, even though journalists do not yet have UWK certification, they are still entitled to legal protection from the state; because, freedom of the press is part of the human rights of every human being.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130840538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Assimilation Of Customs With Islamic Law In Minangkabau Customary Inheritance Law 米南卡保习惯法继承法与伊斯兰法的同化

Syiah Kuala Law Journal Pub Date : 2022-04-20 DOI: 10.24815/sklj.v6i1.28305

Rianda Dirkareshza, Nada Prima Dirkareshza, R. Agustanti

{"title":"Assimilation Of Customs With Islamic Law In Minangkabau Customary Inheritance Law","authors":"Rianda Dirkareshza, Nada Prima Dirkareshza, R. Agustanti","doi":"10.24815/sklj.v6i1.28305","DOIUrl":"https://doi.org/10.24815/sklj.v6i1.28305","url":null,"abstract":"It is generally known that the Minangkabau community adheres to a matrilineal family system, which means attracting bloodlines from the mother or woman. Departing from the matrilineal kinship system embraced by the Minangkabau indigenous peoples, causing some things that are harmonized in religion because if someone dies, then the most entitled to get the inheritance is ashãb al-furũd Deangan can be known that the amount of division between Islamic law and the customary law of the Minangkabau indigenous people is very contradictory. Research methods use normative juridical legal research methods, normative juridical law research research that uses the source of literature collected to be researched and analyzed and with this type of approach through legislation. The result is that the assimilation of minangkabau customs with Islam occurs gradually, called (tadriij) or effolusion peacefully, which at first reads ”RUMAH BASANDI BATU,ADAT BASANDI ALUA JO PATUIK” turned into“ADAT BASANDI SYARAK, SYARAK BASANDI KITABULLAH, AL QURAN” . Minangkabau knows several heirlooms, namely high heirlooms, low heirlooms, Sako-sako, and Hak ulayat. The high heirlooms of his heirs are family members of the maternal lineage while for low inheritance, passed down under Islamic inherited law.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132059368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Existence of the Abuse of Circumstances Doctrine in Agreement Law 协议法中情节滥用原则的存在

Syiah Kuala Law Journal Pub Date : 2022-04-20 DOI: 10.24815/sklj.v6i1.28292

Wawan Andriawan

{"title":"The Existence of the Abuse of Circumstances Doctrine in Agreement Law","authors":"Wawan Andriawan","doi":"10.24815/sklj.v6i1.28292","DOIUrl":"https://doi.org/10.24815/sklj.v6i1.28292","url":null,"abstract":"The misuse of circumstances is one of the important factors that can invalidate the agreement's validity. Even though the parties have agreed on the agreement, if there is an orientation to abuse of circumstances, the agreement is null and void. This study aims to see the existence of abuse of circumstances associated with the principles of contract law. This research is legal research that tries to answer legal issues. Legal issues occupy a central position in a legal problem. This research uses a statutory and conceptual approach. Legal materials in this study include primary legal materials, namely: Civil Code/Burgerlijk Wetboek. Secondary legal materials include books, journal articles, study results and non-legal materials, including legal dictionaries. The analysis was carried out by conducting an inventory and analysis of the primary legal materials in the form of the Civil Code/Burgerlijk Wetboek to find prescriptions as legal recommendations. The study results confirm that the nature of the abuse of circumstances is an imbalance in the parties' positions in the agreement. This can be anticipated by applying the six principles of contract law simultaneously and comprehensively.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132314110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Comparative Study Of The Criminal Action Of Addiction In Aceh Qanun And Book Of Criminal Law 亚齐甘农吸毒犯罪行为与《刑法全书》之比较研究

Syiah Kuala Law Journal Pub Date : 2022-04-20 DOI: 10.24815/sklj.v6i1.28310

Muzakkir Samidan Prang

引用次数: 0

Implementation Of A Capital Provision Policy For Common Fishermen Through People’s Business Credit Fund 通过人民商业信用基金对普通渔民提供资金政策的实施

Syiah Kuala Law Journal Pub Date : 2022-04-19 DOI: 10.24815/sklj.v6i1.28115

K. Khairani, Susiana Susiana, Kadriah Kadriah, R. Rismawati

{"title":"Implementation Of A Capital Provision Policy For Common Fishermen Through People’s Business Credit Fund","authors":"K. Khairani, Susiana Susiana, Kadriah Kadriah, R. Rismawati","doi":"10.24815/sklj.v6i1.28115","DOIUrl":"https://doi.org/10.24815/sklj.v6i1.28115","url":null,"abstract":"This research aims to explore the implementation of micro business loans (KUR) for fishermen in Aceh Besar and Banda Aceh, the obstacles fishermen face in gaining access to KUR, and the local government's efforts to improve fishermen's access to financial and financial aid. Article 61 paragraph 1, of Law Number 7 of 2016 on the Protection and Empowerment of Fishermen, Fish Cultivators, and Salt Farmers states that the Central and Regional Governments shall, in accordance with their respective authorities, facilitate financial assistance and financial assistance for common fishermen, traditional fishermen, and labor fishermen. However, this policy has not worked as intended, and fishermen continue to have difficulty gaining access to financial assistance. This is an empirical legal investigation conducted in two districts or municipalities that are Banda Aceh and Aceh Besar. The interview technique is used to collect primary data (field data). Secondary data are derived from the findings of a literature review. The findings are the implementation of providing capital and financing for small fishermen had not gone according to plan, and fishermen had very limited access to capital assistance. Information that does not reach small fishermen, the inability to provide guarantees as a prerequisite for loans, and the inability of fishermen to repay loans are obstacles. Common fishermen are strengthened by the government's efforts to socialize the availability of capital and provide mentoring and training. It is suggested that the government make significant efforts to improve the standard of living of common or ordinary fishermen and provide easily accessible financing with small profit sharing and guarantees that it can easily provide.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122544702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A Study On The Conformity Of Sharia Bank Financing Akad To Sharia Principles, National Laws, And Contract Drafting Techniques 伊斯兰银行融资Akad与伊斯兰教原则、国家法律和合同起草技巧的一致性研究

Syiah Kuala Law Journal Pub Date : 2022-04-18 DOI: 10.24815/sklj.v6i1.28108

Sanusi Bintang, T. Haflisyah, Fikri Fikri

引用次数: 0

Comparison Of Election Of Local Head Before And After Amendment To The 1945 Constitution 1945年宪法修改前后地方首长选举之比较

Syiah Kuala Law Journal Pub Date : 2022-04-07 DOI: 10.24815/sklj.v6i1.26268

Yulia Susantri

{"title":"Comparison Of Election Of Local Head Before And After Amendment To The 1945 Constitution","authors":"Yulia Susantri","doi":"10.24815/sklj.v6i1.26268","DOIUrl":"https://doi.org/10.24815/sklj.v6i1.26268","url":null,"abstract":"The election of local heads (KDH) is a democratic process that must be carried out to determine who will lead the regions and determine the management of the state in the regions so that the aspirations of the people are achieved. The history of the election of KDH from year to year, both before the amendment to the 1945 Constitution and after, is interesting to explore to find out the intent and purpose of the legislators. This type of research is a normative research that portrays law as a prescriptive discipline which only looks at the law from the point of view of its norms. The data that has been obtained will be analyzed in a normativequalitative manner, namely by interpreting and constructing statements contained in documents and laws and regulations. The results showed that prior to the amendment to the 1945 Constitution, the mechanism for regional head elections was not contained in the Constitution. The election method for KDH from 1974 followed the nuances of democracy at that time. In 1974 where Pancasila democracy was implemented, the appointment of KDH was the authority of the president together with the DPRD. At the beginning of the reform era, democracy was implemented making the KDH election mechanism the full authority of the DPRD due to the demands for reform to involve wider community participation in KDH elections. Starting in 2007 after the amendment to the 1945 Constitution, the election of KDH was carried out using a direct election mechanism by the people. Various new arrangements emerged in accordance with political and social developments such as the simultaneous election of KDH, individual candidates and single candidates in the implementation of KDH elections","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130070046","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Non-Compliance Practices in Emergency Public Procurement Context of Handling COVID-19 Pandemic in Indonesia 印度尼西亚应对COVID-19大流行背景下紧急公共采购中的违规行为

Syiah Kuala Law Journal Pub Date : 2022-04-04 DOI: 10.24815/sklj.v6i1.26150

Sugimin Sugimin

{"title":"Non-Compliance Practices in Emergency Public Procurement Context of Handling COVID-19 Pandemic in Indonesia","authors":"Sugimin Sugimin","doi":"10.24815/sklj.v6i1.26150","DOIUrl":"https://doi.org/10.24815/sklj.v6i1.26150","url":null,"abstract":"This study aims to explore emergency provisions in regulations and policies of Indonesia’s public procurement system, to examine non-compliance practices with regulations and procedures by procurement actors pertaining to COVID-19 emergency public procurement, and possible recommendations of overcoming its detrimental effects. This study uses normative juridical research by examining library materials and the main data source is secondary data including literature review, regulations, and the audit findings. The result showed that emergency public procurement speeds up the public procurement process, but it was found non-compliance practices with regulations and procedures by procurement actors in every stage of the emergency public procurement, so it creates inefficiency, increases the risk of wasteful spending of state finances and even more it may lead to financial losses. To address this, governments or LKPP can consider reviewing existing emergency public procurement regulation (LKPP Regulation 13/2018) by establishing the detailed emergency public procurement documents and procedures and regulating a list of reference prices or the maximum price limit of certain goods by a Circular Letter of the Head of LKPP to prevent and avoid wasteful spending of state finances or an indication of state financial losses.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124357258","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Juridical Analysis Of Holding State-Owned Enterprises In The View Of Corporate Law And Competition Law 公司法与竞争法视角下的国有控股企业法律分析

Syiah Kuala Law Journal Pub Date : 2022-04-04 DOI: 10.24815/sklj.v6i1.26267

Selia Putri, Azhar Yahya

{"title":"Juridical Analysis Of Holding State-Owned Enterprises In The View Of Corporate Law And Competition Law","authors":"Selia Putri, Azhar Yahya","doi":"10.24815/sklj.v6i1.26267","DOIUrl":"https://doi.org/10.24815/sklj.v6i1.26267","url":null,"abstract":"This research aims to analyse the status and Position of subsidiaries company of Holding State-Owned Enterprises and to find out regulate of Holding State-owned Enterprises in the view of Corporate Law and Competition Law. The result showed that Subsidiaries of Holding Stateowned Enterprises have a different status from State-owned Enterprises and have the same position as SOEs in certain aspects. This is based on Article 2A paragraph (7) of Government Regulation No. 72 of 2016, which states that SOEs Holding Subsidiaries are treated the same as SOEs in terms of (1) obtaining government assignments or performing public services; and/or (2) obtaining special State and/or Government policies, including in the management of Natural Resources, with special treatment certain conditions as applied to SOEs. The regulation of SOE holdings, Government Regulation No. 72 of 2016, does not comply with Article 51 Prohibition of Monopolistic Practice and Unfair Competition Law No. 5 of 1999. This is based on the implementation guidelines of Article 51 of Act No. 5 of 1999 State concentration of activities or monopolies cannot be regulated by government regulations, but shall be regulated by law.","PeriodicalId":142500,"journal":{"name":"Syiah Kuala Law Journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130736260","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Implementation of Assimilation of Criminals in The Time of The Covid-19 Pandemic: A Study in The Legal Area of Class IIA Prisons in Banda Aceh 新冠肺炎大流行时期罪犯同化的实施:班达亚齐ⅱ类监狱法律领域研究

Syiah Kuala Law Journal Pub Date : 2021-12-31 DOI: 10.24815/sklj.v5i3.23278

Nurhafifah Nurhafifah, Teuku Irvan Riyadi

引用次数: 0