JURNAL LEGALITAS最新文献_第2页

Registration Nazhir To The Minister Of Religion Of Indonesia: A Perspective Review Of The Rules Of Islamic Law 纳齐尔致印尼宗教部长:对伊斯兰教法规则的透视回顾

JURNAL LEGALITAS Pub Date : 2023-02-24 DOI: 10.33756/jelta.v16i1.17055

Muhammad Luthfi, Yaris Adhial Fajrin

{"title":"Registration Nazhir To The Minister Of Religion Of Indonesia: A Perspective Review Of The Rules Of Islamic Law","authors":"Muhammad Luthfi, Yaris Adhial Fajrin","doi":"10.33756/jelta.v16i1.17055","DOIUrl":"https://doi.org/10.33756/jelta.v16i1.17055","url":null,"abstract":": The birth of the Waqf Law and the Waqf Implementation Regulations brought a new policy direction regarding the regulation of nazhir . Nazhir as an institution that plays a role in the process of productivity of waqf assets is required to be professional in carrying out their duties, therefore a new regulation is formed regarding the nazhir registered with the Ministry of Religion. Regulations for the implementation of waqf in several articles state the obligation to register nazhir, but the rules for these obligations are not accompanied by sanctions rules that allow punishment for those who do not implement these rules. This study discusses the policy of registering nazhir before and after the issuance of the Waqf Law and the policy of registering nazhir to the Minister of Religion from the perspective of the rules of Islamic law. This research is normative research, with a prescriptive discussion. The results of this study stated that the rules for registering nazhir before the issuance of the Waqf Law are contained in the Land Waqf Regulation and Presidential Instruction Number 1 of 1991, while the rules for registering nazhir after the birth of the Waqf Law are contained in Article 14 (1) of the Waqf Law. In terms of Islamic law, nazhir's registration rules to the Minister of Religious Affairs meet the elements of ijtihad through mashlahah mursalah and amr studies in ushuliyyah rules.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127132190","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

Legal Protection of Customary Law Communities Over Ulayat Land Forests 习惯法共同体对乌拉亚特陆地森林的法律保护

JURNAL LEGALITAS Pub Date : 2023-02-17 DOI: 10.33756/jelta.v16i1.18582

Revie Kurnia Katjong, Harry Tuhumury, Anwar Moch Roem, L. Sari

引用次数: 0

Judicial Power as a Material Content of The 1945 Constitution in The Perspective of its Development and Objectives 从司法权的发展与目标看1945年宪法的重要内容

JURNAL LEGALITAS Pub Date : 2023-01-06 DOI: 10.33756/jelta.v16i1.17966

Doni Punu, Ridwan Dilapanga, Tiara Namira Oktaviana Daud

{"title":"Judicial Power as a Material Content of The 1945 Constitution in The Perspective of its Development and Objectives","authors":"Doni Punu, Ridwan Dilapanga, Tiara Namira Oktaviana Daud","doi":"10.33756/jelta.v16i1.17966","DOIUrl":"https://doi.org/10.33756/jelta.v16i1.17966","url":null,"abstract":": The power of the judiciary as one of the content materials in the written constitution of a legal state is inseparable from the conception of the trias politica. It is intended to ensure the independence of judges in shaping the law through their rulings as well as to prevent abuse of power. In this case, it is important to prove that the intention is in accordance with the substance of the judicial power in the content of the 1945 Constitution. On this basis, this study is limited to two subjects, namely about the extent to which the background of judicial power is the content material in the 1945 Constitution and the position of judicial power as content material in the 1945 Constitution. Both of these things will be analyzed normatively using a statutory approach and a historical approach. The final results of this study show that despite the change of government regime, the form of the state until the amendment of the 1945 Constitution, judicial power remained an important and fundamental content in the 1945 Constitution. One of the processes of legal formation can occur in the judiciary through judges' decisions, therefore the substance of the changes in the 1945 Constitution aims to strengthen the independence of judicial power as well as strengthen the principle of separation of powers mainly in the judicial power section as a form of checks and balances.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117245539","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 Politics of Criminal Law in Self-Defense in Indonesia: Regulatory And Enforcement Discourses 印度尼西亚自卫中的刑法政治:监管与执法话语

JURNAL LEGALITAS Pub Date : 2023-01-05 DOI: 10.33756/jelta.v16i1.17079

Cecep Ibnu Ahmadi, D. Ismail, Andika W. Machmud

引用次数: 0

Reconstruction Of The Arrangements For The Appointment Of Advocates 重新安排委任辩护律师

JURNAL LEGALITAS Pub Date : 2022-12-14 DOI: 10.33756/jelta.v15i2.16755

M. Kamaluddin, S. Sarbini, Wyda Lusiana

{"title":"Reconstruction Of The Arrangements For The Appointment Of Advocates","authors":"M. Kamaluddin, S. Sarbini, Wyda Lusiana","doi":"10.33756/jelta.v15i2.16755","DOIUrl":"https://doi.org/10.33756/jelta.v15i2.16755","url":null,"abstract":"The quality of advocates is currently in decline. This is due to the absence of similarity of standardization between advocate organizations. In addition, there are also many prospective advocates who have an internship certificate even though they have never done a 2-year internship but are still appointed as advocates. The formulation of the problem in this article is to analyze; (1) Weaknesses of the Advocate Appointment Arrangements in article 2 and article 3 of Law Number 18 of 2003 concerning Advocates and (2) The ideal construction of Advocate Appointment Arrangements in article 2 and article 3 of Law Number 18 of 2003 concerning Advocates. This research uses a conceptual approach with data collection techniques using interviews or filling out questionnaires and for secondary data derived from literature or legal documents then analyzed in a descriptive analysis . The result of the discussion The process of appointing advocates regulated in article 2 and article 3 of the advocate law has weaknesses; There is no obligation of the advocate organization to check the validity in the advocate appointment file, There are commercialization factors in the process of appointing advocates, There is no special institution that guarantees the standardization of the quality of advocates, therefore to overcome these problems it is necessary to regulate the Authority of the Advocate Organization to re-verifying the documents of the Appointment of Advocates, The unity of the system of the cost of appointment of advocates, The establishment of standardization institutions with advocates .","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114990218","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

Legal Review Of The Implementation Of Termination Of Employment Relationship With The Reason Of The Pandemic Covid-19 新冠肺炎疫情下实施解除劳动关系的法律审视

JURNAL LEGALITAS Pub Date : 2022-11-30 DOI: 10.33756/jelta.v15i2.15705

Gevano Ansow, Y. Yulianto, Ninis Nugraheni

{"title":"Legal Review Of The Implementation Of Termination Of Employment Relationship With The Reason Of The Pandemic Covid-19","authors":"Gevano Ansow, Y. Yulianto, Ninis Nugraheni","doi":"10.33756/jelta.v15i2.15705","DOIUrl":"https://doi.org/10.33756/jelta.v15i2.15705","url":null,"abstract":"The research entitled Legal Study of the Implementation of Termination of Employment for the Reason of the Covid-19 Pandemic aims first to analyze how the norms and provisions of laws and regulations are applied related to the implementation of termination of employment in Indonesia and find out how legal protection is for workers who experience termination of employment. During the current Covid-19 pandemic. The research method used in this study uses a normative juridical research method with a statutory and conceptual approach. Based on the results of the research, it can be concluded First: the legal basis for employers in carrying out mass termination of employment relations with workers/laborers during the current Covid-19 pandemic for the first time referred to the provisions of Article 164 paragraph (1) of the Manpower Law which became the basis for the existence of emergency due to an unwanted cause then proceed with the implementation of Article 151 of the Manpower Law which regulates the process of terminating workers. Second, namely, the legal protection provided by the State for workers due to termination of employment due to the current Covid-19 pandemic first must provide workers' rights as in Article 156 of the Labor Law and, in the current period, must pay attention to the provisions in the Minister of Manpower Circular Letter Number M/3/HK.04/III/2020 concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Mitigation Covid-19 and Article 6 of the Quarantine Law and Health.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116926981","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

The Evaluation Of Warehouse Receipt System Object Regulation: A Perspective Study Of Commodity Goods Concept In Indonesia 仓单制度客体规制的评价:印尼商品概念的视角研究

JURNAL LEGALITAS Pub Date : 2022-10-31 DOI: 10.33756/jelta.v15i2.15752

Khoirul Hidayah, Iffaty Nasyi’ah, Dwi Fidhayanti

{"title":"The Evaluation Of Warehouse Receipt System Object Regulation: A Perspective Study Of Commodity Goods Concept In Indonesia","authors":"Khoirul Hidayah, Iffaty Nasyi’ah, Dwi Fidhayanti","doi":"10.33756/jelta.v15i2.15752","DOIUrl":"https://doi.org/10.33756/jelta.v15i2.15752","url":null,"abstract":"There are normative issues related to the concept of commodity goods with the object of warehouse receipts and social issues regarding the benefits of warehouse receipts for grain or rice farmers. Therefore, it is necessary to evaluate the regulation of the object of the warehouse receipt system so that it has a unique contribution to small farmers. The research applied in this research is juridical-empirical with a qualitative approach. The fact shows that rice farmers do not want to use the Warehouse Receipt System (WRS) because of the high cost and tend to choose the People's Business Credit program. Based on the study of the concept of commodities and benefits, it is necessary to change regulations related to the concept of WRS objects so that it is better to equate it with the concept of commodities. Grain or rice is a staple food that is excluded from the WRS object following the commodity concept because it has access to subsidies and special incentives from the government for national food security. Smallholders do not need to store rice in warehouses as in the WRS procedure to gain access to credit. This study shows that the government is reviewing the regulation of WRS objects in Indonesia so that it is beneficial for small farmers in particular.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127116887","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 Criminal Law Provisions Against Serious Killers in Indonesia 印尼针对严重杀人者的刑法条款实施情况

JURNAL LEGALITAS Pub Date : 2022-10-30 DOI: 10.33756/jelta.v15i2.15592

Cindy Oktaviany Pepa

引用次数: 0

Death Criminal Concepts Based On Positive Law In Indonesia 印尼实在法背景下的死刑犯罪概念

JURNAL LEGALITAS Pub Date : 2022-10-30 DOI: 10.33756/jelta.v15i2.16490

A. Wahid, Kartini Malarangan

{"title":"Death Criminal Concepts Based On Positive Law In Indonesia","authors":"A. Wahid, Kartini Malarangan","doi":"10.33756/jelta.v15i2.16490","DOIUrl":"https://doi.org/10.33756/jelta.v15i2.16490","url":null,"abstract":"The existence of two opinions, especially capital punishment, has given rise to controversy over regulating the death penalty as a legal instrument for dealing with corruption. Some agree with the imposition of capital punishment, and some question the justification for this sentence, which does not give the perpetrators of criminal acts the opportunity to improve to become good human beings. The death penalty for corruption cases has never been imposed, so the death penalty cannot be used as an ultimum remedium against perpetrators of corruption. Regarding the severity of the main sentence to be charged, a maximum limit for each crime has been determined. In contrast, a specific minimum limit is not specified, but a general minimum limit, for example, imprisonment and a minimum of one day's confinement. This type of research is carried out using a normative approach, namely by analyzing problems through legal principles and referring to legal norms contained in statutory regulations. The results of the study show the need for amendments to the Law on the Eradication of Corruption Crimes by formulating the death penalty for all acts of corruption without particular criteria, such as disaster situations, due to their significant impact on society, the nation, and the State, so that it becomes the ultimum remedium. The need for judges to impose severe criminal sanctions to create a deterrent effect for corruptors and other people who have the opportunity to commit corruption to become reluctant or afraid to commit acts that violate the Law because the criminal sanctions are severe.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"528 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116214028","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

Legal Liability Of Shipping Service Companies For Packaged Goods Owned By Consumers 运输服务公司对消费者拥有的包装商品的法律责任

JURNAL LEGALITAS Pub Date : 2022-10-30 DOI: 10.33756/jelta.v15i2.15923

Yayan Hanapi, L. Nurmala

{"title":"Legal Liability Of Shipping Service Companies For Packaged Goods Owned By Consumers","authors":"Yayan Hanapi, L. Nurmala","doi":"10.33756/jelta.v15i2.15923","DOIUrl":"https://doi.org/10.33756/jelta.v15i2.15923","url":null,"abstract":"The development of the business world has progressed rapidly. This is seen in the use of delivery services. PT. The Nugraha Ekakurir (JNE) line is one of the services in the field of air traffic consignment services. The number of people sending goods from one place to another makes the role of this service very important. However, this is not accompanied by the provision of guarantees of legal protection by the perpetrators of entrusted services to their consumers. The implementation of JNE services needs to follow the agreement. So that it can cause harm to the consumers. The problem formulation is the legal protection for consumers and its resolution in case of negligence and delays in the delivery of goods. The method used is using normative legal research by conducting an assessment of the relevant legal rules. The results of the study showed that the services provided by the provider based on the agency cooperation agreement became the legal basis for the delivery of goods and still need to be improved and be more effective in providing guarantees for the rights of consumers. Quality service plays an essential role in creating satisfaction for consumers so that it can provide benefits for service providers .","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128596563","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