Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Tinjauan Yuridis terhadap Nelayan Pelaku Pengeboman Ikan Diwilayah Perairan Labuhan Bajo Berdasarkan UU No 31 Tahun 2004 Hukum Lingkungan (Studi Kasus Putusan No.02/Pid.Sus/2013/Pn.Lbj)
Get PDFThe existence of laws in the life of people in a country, basically can not only be said to be an effort to regulate activities in people's lives, but can also be an effort that can change behavior and thinking in an individual or community group. Indonesia as a country surrounded by the ocean, has a lot of fishery resources that are still not explored and exploited optimally. This fishery regulation is regulated in the Law of the Republic of Indonesia No. 31 of 2004 concerning Fisheries. This research is a means for humans to discover facts, existence and develop science. Meanwhile, in this research, which is legal research, it is one of the activities based on certain systematics, methods and thoughts with the aim of being able to study and gain an understanding of the symptoms of the law, and also the path and analysis in depth regarding facts with the law which are then solved with problems derived from the symptoms of the law. The results of this study show that the criminal act of bombing fish is in accordance with what has been considered by the Judge. Fisheries crimes are caused by economic factors, weak morality, weak morals and creeds. The use of explosives used by the defendant is regulated in Ri Law No. 45 of 2009 concerning amendments to RI Law No. 31 of 2004 concerning Fisheries
Perspektif Hukum Perdata Internasional terhadap Perkawinan Beda Agama Bagi Warga Negara Indonesia
Get PDFThe goal of this study is to determine how international private law perceives the legality of interfaith marriages performed by citizens outside of Indonesia in compliance with the Law of Marriage as well as the execution of such marriages. This study employs the normative research methodology, specifically: Academic articles and books with a legal theme, and other sources pertaining to interfaith marriage are used in library research together with primary legal documents such as laws and regulations. Tertiary legal materials are obtained through the internet. The gathered legal materials were then qualitatively examined and given in the form of descriptive and explanatory information. The study's findings demonstrated that because there is a foreign component, interfaith marriage performed by citizens outside of Indonesia is regarded as a part of international private law, specifically because of the domicile, but not in absolute terms because if it violates public order, then foreign elements can be ruled out and it is also regarded as smuggling law because there is the element of intent since it seeks to circumvent the national law, which is then normatively declared invalid and null and void because Indonesian marriage law is based on religious law
Problem Hakim Mediasi dalam Melaksanakan Mediasi terhadap Kasus Perceraian pada Masa Pandemi Covid-19 di Pengadilan Agama Kelas 1B Kayuagung
Get PDFThe implementation of divorce mediation at the Kayuagung Class IB Religious Court during the pandemic has not been successful, so the author aims to find the problems of the mediator judge in conducting the mediation. This research uses the type of field research. Field data were obtained through direct interviews with mediator judges at Pengadilan Agama Kelas 1B Kayuagung. The approach method uses an empirical juridical approach. The results of this study found that there are two things that become the problem of the mediator, namely technical and non-technical aspects. The technical aspect is related to the limitations of experts and time, while the non-technical aspect lies in the determination, absence of the parties, less active participation in the mediation process, lack of openness in conveying problems and the ego nature of each party. Thus, what can be done is to add a special certified mediator and not from a judge; seek training and coaching related to marriage as well as mediator skills in conducting mediation
Mengkaji Kebijakan Hukum Pidana Pencegahan Penyebaran Virus Covid-19 di Indonesia
Get PDFThe right of the community to live in peace and prosperity was guaranteed by the government in the Republic of Indonesia's 1945 Constitution. The government must coordinate better and convene all necessary stakeholders in order to stop the Covid-19 virus from spreading throughout Indonesia. The current issue is the criminal law policy. To battle the epidemic, this kind of normative legal research takes an analytical, conceptual, and legislative approach. When laws or regulations have been passed into legal products by government organizations, law enforcement is a technique to put the will into action. When enforcing laws during a time of emergency, the police will apply criminal punishments; however, they must also educate the public and protect them legally when they use repressive measures. This will be done through the Chief of Police's Declaration
Perlindungan Hukum Pejabat Lelang KPKNL dalam Pelaksanaan Tugas Pelelangan Hak Tanggungan Atas Tanah Hak Milik Nasabah
Get PDFThe auction official is the spearhead of the auction implementation, but regarding the auction implementation, it is not uncommon for the Auction Official to be criminally reported by the execution respondent to Law Enforcement Officials because they feel disadvantaged as a result of their goods being auctioned. Another reason is that one of the functions of an auction in the form of a public function is the implementation of an execution auction, namely an auction to carry out court decisions or orders, other documents equivalent to that, and or carry out provisions in statutory regulations. so as a consequence also for employees of the Directorate General of State Assets who are not interested in being appointed as Auction Officials, where in every auction process in the State of Indonesia it is mandatory to go through Auction Officials at the State Assets and Auction Service Office in the area where the auction is held. So this study aims to analyze the legal protection for auction officials at the State Assets and Auction Service Office in carrying out the task of auctioning mortgage rights on land owned by customers
Kedudukan Alat Bukti Forensik dalam Proses Pembuktian Perkara Pidana Aborsi
Get PDFCrimes that often occur in Indonesia has become a sure thing to happen every day, so in uncovering criminal cases such as theft, murder and others, there needs to be evidence to uncover the cause of a crime which is necessary to examine a criminal case in which forensic medical science is very helpful to law enforcement officials to uncover a criminal act , both the examination of the living and the dead. So what needs to be understood here is the role of any and the strength of forensic legal evidence in the settlement of criminal cases. using normative methods, the specifications of this study are used that are descriptive. In the future, we can find out what are the roles of forensic medicine and the legal force of forensic evidence in the process of proof of criminal acts, especially in abortion crimes that often occur in Indonesia
Keberadaan Tindak Pidana Perzinaan dalam Koridor Pembaharuan Hukum Pidana
Get PDFCustom is the reflection of personality and is one of the reflections of nation soul from century to century. Every nation in the world has its own custom which is not similar from one another, depending on the on the place and the time. This difference is the most important aspect as the identity of a nation. As always happens in the society, there have been many social conflicts in the society of indigenous law because of the violate of the law done by someone or a group of people. The situation will be normal again if the person violate the law has been given indigenous sanction or punishment. Those indigenous violations are mainly caused by the conflicts with what here been agreed together, and which solution has been authorized to the indigoneous institution.
Penyelesaian Sengketa Merek (Studi Kasus Pepsodent Strong vs Formula Strong)
Get PDFA brand is the essence of an item or service that refers to the quality and value of its owner. Famous brands are popular and familiar brands and have a high reputation. The abuse of their genuine brand is the product of those who want to seek profits that would harm their true owners. The study will examine the process of settling their disputes and the judge's ruling in the issue of pepsodent strong v formula strong. The study uses normative jurisdictional methods based on laws in Indonesia that apply to the primary law code, legislation no. 20 in 2016 on brands and geographical indications and secondary legal materials: journal, article, paper associated with brand. The results of the research on brand dispute resolution in Indonesia there are two ways, namely litigation by commercial courts and non-litigation through alternative dispute resolution or arbitration. The settlement used in the case of Hardwood Private Limited and PT Unilever tbk. carried out by Litigation in the Commercial Court at the Central Jakarta Court
Tinjauan Yuridis Bukti Ilmiah Penyelesaian Perkara Kebakaran Hutan dalam Persfektif Hukum Lingkungan
Get PDFExploration of the natural world is becoming more and more popular since it is seen as being for human benefit. One illustration of how certain reckless elements inflict damage is forest fires. The Kalimantan and Sumatra forest fires had a significant negative impact on ecosystems, society, and the economy. In this journal, the problem of forest fires will be studied from the perspective of environmental ethics theory, namely Anthropocentrism and Biocentrism, where the two views contradict each other related to exploitation that should not be carried out by humans as kholifatul fil Ard. This journal uses the library method using scientific article journals and theses. From the second paradigm on environmental ethics, this study will produce the right perspective in this era regarding the relationship between humans and nature, so that the perspective of society in general can change and can take advantage of this nature according to its portion. Because in the Qur'an it has been explained that some of the damage that exists on earth comes from humans
Efektivitas Peraturan Perundang-Undangan Tentang Dana Desa Untuk Kemajuan Masyarakatnya
Get PDFIn the political policy of the village, there has been a systematic uniformity through the laws and regulations. The enactment of the Law on Villages was followed by other regulations. With the enactment of Law No. 6/2014 on Villages, it has given new hope to build more independent villages. For example, 70 percent of village funds are allocated for development, and no more than 30 percent of other operations. Village funds are used by the village government based on the mandate of the law to be effective. This is in accordance with the goals and plans that have been set at the village meeting. For this reason, a study of the effectiveness of the legislation on village funds is very important. Based on the problems above, this study analyzes the effectiveness of the legislation on village funds on funding governance in villages for the advancement of rural communities. The research method used is juridical. Data analysis is described. In conclusion, the legislation on village funds is no longer effective, because it does not show the level of success that has been set, and the results of its activities are not in accordance with its objectives. Although it has been arranged, it is not yet perfect