Al Ihkam Jurnal Hukum Pranata Sosial最新文献

{"title":"Tanggung Jawab Notaris terhadap Akta Perjanjian Pengikatan Jual Beli yang Tidak Sesuai dengan Harga Sebenarnya","authors":"K. Hutama, Ery Agus Priyono","doi":"10.37680/almanhaj.v5i1.2725","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2725","url":null,"abstract":"Buying and selling land is the transfer of land rights from one person to another. This is often done because land has economic value. In a sale and purchase agreement, the object and price must be stated clearly. This is related to income tax (PPH) and exemption of rights. Ata Land and Building (BPHTB) this tax will arise with the transfer of land rights. This makes some people do not mention the actual price in the agreement to avoid the amount of tax that must be paid. This writing aims to know and describe the responsibilities of a notary in making a sale and purchase agreement. The writing method takes normative juridical, namely emphasizing the problems that are researched based on reality through related literacies. The notary is only tasked with making the contents of the agreement based on the agreement of the parties. In addition, the notary has tried to take preventive measures such as writing in detail, in detail and as completely as possible and for the legal consequences of the agreement it will not meet the objective requirements, namely a certain matter and a lawful cause because the price in the Sale and Purchase Agreement (PPJB) does not match at the actual price so that the deed is automatically null and void.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84684606","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}

{"title":"Perlindungan dan Pendampingan Hukum Kekayaan Intelektual dalam Pendaftaran Merek Dagang bagi Pelaku UMKM di Desa Cililin","authors":"G. Gunawan, Egi Rizki Maulana Putra","doi":"10.37680/almanhaj.v5i1.2732","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2732","url":null,"abstract":"The existence of MSMEs is considered to have a very important role in the economy in Indonesia because in its expansion there are more and more MSMEs activists in Indonesia and every year it increases quite significantly, especially in the Cililin village itself, with the presence of MSMEs, many jobs are open to the community. Trademark registration for MSME business actors is now very important, because there are many cases of trademark dispute lawsuits that occur in MSME business actors, this is very detrimental for business actors, but there is a lack of public understanding of registration of intellectual trademark rights which is considered difficult to register, even though in reality. This study aims to provide insight into the importance of registering trademarks and also to help SMEs to be able to register their trademarks into the system of the Directorate General of Intellectual Property. This study used the direct service observation method and data collection using interview, observation, and documentation techniques. The condition of MSMEs in the Cililin Village area itself still lacks support or assistance from local government officials where there are still many MSMEs, almost 70% have not registered their own trademark rights due to the lack of support or encouragement from the local government to socialize the importance of registering trademark rights. However, with this research, researchers helped MSME activists who did not understand the online application procedure, as well as the limited time that MSME activists had because apart from being entrepreneurs, MSME activists also had to be housewives. By assisting MSME activists in registering their trademarks, this activity can provide a number of benefits to MSME activists, including providing encouragement, support and legal protection for the businesses they own.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76962255","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}

{"title":"General Election (Election) As an Implementation of The Constitution in A Country with A Democracy System","authors":"Hasan Aulia Hudhaibi","doi":"10.37680/almanhaj.v5i1.2682","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2682","url":null,"abstract":"This research discusses the implementation of democracy in Indonesia through its governmental and constitutional systems. The main focus of this study is on the role of the constitution, particularly the 1945 Constitution of the Republic of Indonesia, in conducting General Elections (Pemilu) as one of its constitutional mandates. This research adopts a descriptive-analytical approach to analyze how democracy is applied in the governance practices of Indonesia. Through an examination of the constitution's content and its historical development, this study identifies that the founders of the Unitary State of the Republic of Indonesia agreed to draft a written constitution, namely the 1945 Constitution. This constitution aims to guide the administration of the state in accordance with the people's aspirations, to establish good governance, and to support the enforcement of democracy and human rights. The research also explores the role of elections within the constitution as a vital mechanism for political participation. Elections are regarded as instruments to provide legal certainty in their implementation, ensuring fairness for all parties involved. In this context, the research concludes that Indonesia, as a democratic country, is an ideological and factual statement that cannot be denied. This research provides a deeper understanding of how the implementation of the constitution and elections plays a significant role in safeguarding and advancing democracy in Indonesia. The findings of this study are expected to contribute to the ongoing debates and further developments regarding political governance and democracy in Indonesia.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89485468","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}

{"title":"Criminal Liability for Corporate Crime in Indonesia","authors":"Nurnilam Sari","doi":"10.37680/almanhaj.v5i1.2687","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2687","url":null,"abstract":"Criminal liability for corporate crime in Indonesia has become a topic of increasing interest and importance in recent years. The issue is particularly relevant given the rapid growth of the Indonesian economy and the expanding role of corporations in the country's development. The purpose of this abstract is to provide an overview of the current legal framework in Indonesia for holding corporations criminally liable for their actions, as well as to examine some of the challenges and opportunities associated with enforcing corporate criminal liability in practice. The main sources of corporate criminal liability in Indonesia are the Criminal Code and the Law on Limited Liability Companies. Under these laws, corporations can be held criminally liable for a wide range of offenses, including corruption, environmental crimes, and labor violations. However, the legal framework for corporate criminal liability in Indonesia is still relatively new and untested, and there are a number of challenges to effective enforcement, including limited resources and capacity within law enforcement agencies. Despite these challenges, there are also opportunities for improving the enforcement of corporate criminal liability in Indonesia. For example, recent efforts by the government to strengthen anti-corruption measures and improve transparency and accountability in the business sector have the potential to create a more favorable environment for enforcing corporate criminal liability. Additionally, there is growing awareness among both the public and private sectors of the importance of corporate social responsibility and ethical business practices, which could help to promote greater compliance with the law. In conclusion, while there are challenges to enforcing corporate criminal liability in Indonesia, there are also opportunities for improving the legal framework and enhancing enforcement efforts. The successful implementation of corporate criminal liability will require a collaborative effort between the government, law enforcement agencies, and the business sector to ensure that corporations are held accountable for their actions and that the rule of law is upheld.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85964037","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}

{"title":"The Application of Restorative Justice in Civil Dispute Resolution: Potentials and Challenges in Indonesia","authors":"A. Halim","doi":"10.37680/almanhaj.v5i1.2729","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2729","url":null,"abstract":"The purpose of this study is to assist the community in handling cases. Settlement of civil disputes can be carried out through a trial process in court. The research method uses a descriptive qualitative research approach, namely research on natural objects from experiments. with observational data collection techniques, interviews. The results of the research description of the application of Restorative Justice in Indonesia are still limited and face various challenges, such as a lack of public understanding of the concept of Restorative Justice, limited resources, and a lack of support and coordination between institutions. The findings contribute to a deeper understanding of the possibilities and obstacles involved in integrating restorative justice approaches into the civil justice system in Indonesia. Recognized by society and the judiciary. There are challenges in the implementation of restorative justice, such as the lack of trained human resources and adequate facilities, so that improvements and development are needed so that restorative justice can be implemented properly.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89419304","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}

{"title":"Rehabilitasi Napi Teroris Melalui Program Deradikalisasi","authors":"Andi Kurniawan, Abdul Malik Fajar Darwis","doi":"10.37680/almanhaj.v5i1.3013","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.3013","url":null,"abstract":"Deradicalization is ah program given toinmate kasus of terrorism within the Institutioncorrectional (LAPAS) with prevention efforts andneutralize notionsradicals that are considered dangerousand can causesecurity threat in ancountry. Deradi approachcalization can be with psychology,religion, law, educationin national humanity andstate as well as social and cultural. deradicalization program aims to drivereturn of the terrorist convictsthose affected by radical understanding to return to the path thatGoodand right. Builder programn deradicalization is veryit's important to apply, becausena see lately caseTerrorists have become material international discussionbecause it is a crimewhich can be threateningnational security for loyalp countries around the world, thenfrom that the deradicalization programthis is one wayto prevent it from happeningterror cases and can suppressand neutralize yousus terrorism and radicalism(radicalism). The results of this study describe[i-[2] handling of groups that have radical understanding or in this case are terrorists, through a deradicalization program requires clear regulations or arrangements accompanied by the involvement of relevant agencies based on a legal basis or foundation, because deradicalization that runs well and is integrated is needed in carrying out prevention to continue the growth of theoretical movements and radical understanding in Indonesia.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90228792","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}

{"title":"Boundary of Istimta' For Husband Against Menstruating Wife (Comparative Study of Imam Malik and Imam As Syafi'i)","authors":"Pahmi Hakim, Rahmad Efendi","doi":"10.37680/almanhaj.v5i1.3117","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.3117","url":null,"abstract":"This research examines the \"Istimta' Limits' For Husbands Toward Wife Who Has Menstruation. In more detail, it discusses ISTIMTA'. is a law that is prescribed for a couple so that there is no more opportunity for the husband to commit adultery even though the wife is menstruating, therefore there is a limit of istimta' for the husband towards the wife who is menstruating so that it is more build good family relationships.Opportunities for adultery for husbands are very few because the majority of scholars allow istimta' but differ in opinion as to what istimta' (having fun) with a menstruating wife can be chosen by the husband taking into account the procedures and procedures in accordance with Islamic law. There are several laws that the scholars are not united and have different opinions, in particular regarding the concept of istimta limits.This research is about to examine the opinion of two madhhab priests, namely Imam as Syafi'i and Imam Al Maliki.The problem being investigated is how the views of imam as Syafi'i and imam maliki on the concept of istimta' law on menstruating women. This study aims to analyze the views of two priests of the madhhab, namely Imam As Syafi'i and Imam Al Maliki regarding the limit of istimta' for husbands towards wives who are menstruating. This research is research that uses a normative approach with a qualitative descriptive method, ie describes the views of two madhhab priests, namely imam as Syafi'i and imam Al Maliki. Research results obtained from the discussion of this study, namely that if a wife is menstruating there is a limit for the husband to be istimta' with said wife, so when a husband ignores the istimta' limits for a husband towards a wife who is menstruating which is permissible then the law is haram. So it is important to explain in this related thesis.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82568888","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}

{"title":"PERLINDUNGAN HUKUM PREVENTIF KEPADA KONSULTAN HUKUM PASAR MODAL DI INDONESIA (Studi Perbandingan Hukum Indonesia dan Singapura)","authors":"Filemon Halawa, Ampuan Situmeang, F. Y. P. Amboro","doi":"10.37680/almanhaj.v5i1.2714","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2714","url":null,"abstract":"Indonesia as a sovereign country guarantees and provides protection for every citizen. This is a reflection of the State of Indonesia as a state of law. It is the same as the supporting profession of legal consultants in the capital market who have the right to have all their rights protected while carrying out their profession. The supporting profession of legal consultants in the capital market has an important role. Provisions of Article 67 of Law no. 8 of 1995 concerning the Capital Market which reads \"In carrying out business activities in the Capital Market sector, Capital Market Supporting Professionals are required to provide an independent opinion or assessment. However, according to the author's careful review, in the capital market legal consultant profession, legal immunity has not been found while carrying out their profession. While in the Advocate Law there is immunity for an Advocate who carries out his functions as contained in Article 16 of Law Number 18 of 2003 concerning Advocates. The Capital Market Law does not explicitly describe legal protection for capital market legal consultants. For this reason, in this paper the author finds about preventive legal protection for capital market legal consultants in Indonesia with a Comparative Study of Indonesian and Singapore Laws. Legal Consultants in the Capital Market in Indonesia, one of the fundamental things to avoid legal sanctions is obedience to existing legal norms. While in Singapore it was found that since the beginning according to the country's constitution there has been legal immunity for professions related to Advocates, Lawyers or legal consultants. To answer the problem of this paper, the writer uses normative juridical method with progressive legal theory (Prof. Satjipto Rahardjo) and Legal Protection Theory (Philipus M. Hadjon).","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85215142","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}

{"title":"Tinjauan Kitab Undang-Undang Hukum Pidana (KUHP) Baru 2023","authors":"Parningotan Malau","doi":"10.37680/almanhaj.v5i1.2815","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2815","url":null,"abstract":"The purpose of this research is to examine the new Criminal Code (KUHP) introduced in 2023. The research methodology used is a juridical-empirical approach, employing a descriptive research design to provide an overview of the newly enacted KUHP by the President on January 2nd, 2023. The problem-solving approach in this study is descriptive, aiming to describe and analyze the new KUHP. To address the research problem, secondary data analysis was conducted through an extensive review of literature, including relevant legal materials and legislation. The research then proceeded to analyze the collected data using qualitative methods, drawing insights from the existing literature and legal provisions. The findings of this research indicate that the endorsement of the new KUHP by the President and the People's Consultative Assembly (DPR RI) marks a significant milestone in the development of the criminal justice system in Indonesia. With these changes, it is expected that law enforcement will become more effective, justice will be better upheld, and human rights will be protected more comprehensively. Looking towards the future, the amendments to the KUHP should continue to address emerging challenges to remain relevant and provide significant benefits to Indonesian society. In conclusion, the enactment of the new KUHP is a crucial step in strengthening the criminal justice system in Indonesia. However, effective implementation, monitoring, and periodic review remain challenges that need to be addressed. Through the commitment and collaboration of all stakeholders, it is hoped that the new KUHP will serve as an effective instrument in promoting justice, protecting human rights, and enhancing law enforcement in Indonesia.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81766428","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}

{"title":"Prinsip Akuntabilitas dan Partisipasi dalam Pengelolaan Dana Desa di Desa Buncu Kecamatan Sape Kabupaten Bima","authors":"Imaduddin Imaduddin, R. Salomo","doi":"10.37680/almanhaj.v5i1.2790","DOIUrl":"https://doi.org/10.37680/almanhaj.v5i1.2790","url":null,"abstract":"This study aims to analyze the principles of good governance in managing the 2022 Village Fund in Buncu Village, Sape District, Bima Regency. Researchers use Buncu Village because it has the status of an underdeveloped village category with a developing village index of 0.5776. In addition, this village is unable to achieve the realization of Village Funds in 2022. This research focuses more on two important principles based on the factual problems found, namely the principle of accountability and the principle of community participation. The research method used in this research uses descriptive qualitative research. Data collection techniques are carried out by conducting documentation studies and. The results of this study indicate that accountability in managing Village Funds in Buncu Village is not in accordance with Permendagri No. 20 of 2018 concerning reporting and accountability mechanisms, but in general it has been carried out properly. In terms of the principle of planning participation, the Buncu Village Government has also implemented the principle of participation because every RKPDes preparation always involves the community. In addition, in terms of implementing participation, the people of Buncu Village are voluntarily involved in village development.","PeriodicalId":31072,"journal":{"name":"Al Ihkam Jurnal Hukum Pranata Sosial","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91201333","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}