Jurnal Online Universitas Pekalongan
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The Authority of A Notary to Legalise Letters Under Hand from The Perspective of Islamic Law and National Law
Get PDFA notary as a professional in the legal field who has the duty and authority to make a Private Letter - a Private Letter that can be used as evidence of a person\u27s property status, rights, and obligations. As a noble official, a notary is required to comply with the provisions contained in the Notary Law. One of the duties of a notary is to legalize, namely the ratification of private letters. Legalization is carried out by a notary to ensure the certainty of the date of the Private Letter in question. The notary is also responsible for the identity, contents of the Private Letter , signature, and date on the letter/ Private Letter . This research is a qualitative legal research. In conclusion, the role of a notary is very important in the agreement of the parties through legalization. The notary is responsible for ensuring the validity of the documents used in the agreement process of the parties , as well as assisting in the process of signing and ratifying the necessary documents. With the role of a notary, the agreement process of the parties can run smoothly and in accordance with applicable regulations.Notaris sebagai seorang profesional di bidang hukum yang memiliki tugas dan kewenangan untuk membuat Surat Dispensasi - Surat Dispensasi yang dapat digunakan sebagai bukti status harta, hak, dan kewajiban seseorang. Sebagai pejabat yang mulia, seorang notaris dituntut untuk menaati ketentuan yang terdapat dalam Undang-Undang Kenotariatan. Salah satu tugas notaris adalah melakukan legalisasi, yaitu pengesahan surat dispensasi. Legalisasi dilakukan oleh notaris untuk menjamin kepastian tanggal Surat Dispensasi yang dimaksud. Notaris juga bertanggung jawab terhadap identitas, isi Surat Dispensasi, tanda tangan, dan tanggal pada surat/Surat Dispensasi. Penelitian ini merupakan penelitian hukum kualitatif. Kesimpulannya, peran notaris sangat penting dalam kesepakatan para pihak melalui legalisasi. Notaris bertanggung jawab untuk memastikan keabsahan dokumen yang digunakan dalam proses kesepakatan para pihak, serta membantu dalam proses penandatanganan dan pengesahan dokumen yang diperlukan. Dengan adanya peran notaris, maka proses kesepakatan para pihak dapat berjalan dengan lancar dan sesuai dengan ketentuan yang berlaku
Implementation of Managerial Supervision and Islamic Communication at Madrasah Aliyah Negeri South Tapanuli Regency
Get PDFThis study aims to determine the implementation of Islamic supervision and communication at the State Islamic Senior High School (MAN) and the Insan Cendekia State Islamic Senior High School in South Tapanuli Regency, North Sumatra. The study was conducted qualitatively from January to September 2024. Informants consisted of the head of the school, the deputy head of curriculum, teachers, and students. The results of the study show: (1) Supervision of curriculum management and learning in both schools is carried out systematically, with well-organised plans and documentation, and the active role of the school\u27s deputy head for curriculum. (2) Student supervision focuses on monitoring students\u27 academic and social development. (3) Supervision of facilities and infrastructure is managed well, through inventory, periodic maintenance, and adequate budget support. (4) Supervise personnel, clearly divide tasks, monitor performance, and train and develop professional education personnel. (5) Implementing Islamic communication shows a positive relationship between the school and the community, as evidenced by active partnerships through joint activities such as social services and school committee meetings. Effective communication between the school and parents supports improving the quality of education. Overall, Islamic supervision and communication played an important role in enhancing mutual management and community involvement in education in both madrasahs
Legal Study of Legal Treatment of Prisoners of War in the Perspective of Humanitarian Law: Legal Study of Legal Treatment of Prisoners of War in the Perspective of Humanitarian Law
No full textEnforcement prisoner wars waged onevery country are inseparable from provisions ofhumanitarian law. Every country involved in theorigination convention subject to the established ruleseven has been implemented well. Aims: From thebackground that has been described above, then writerinterested in raising this material in the creation of ajournal with the title "Treatment Against Prisoners ofWar Under Humanitarian Law”. Method: researchmethod used is the method study Library Research is aseries of activities related to methods library datacollection, reading and taking notes as well asprocessing research materials that utilize source library.As well as Internet Searching which is a technique datacollection through the assistance of technology in theform of tool or machine internet search where allinformation such as writing, data, pictures and so onfrom various eras available inside it. Result: A prisonerwar entitled on treatment as a prisoner war When thestatus as prisoner war Already fulfilled. Treatment toprisoner war has set up in terms and conditions lawhumanitarian. Provisions of Humanitarian Law the setup in Convention Geneva III 1949 on treatment toprisoner war. Conclusion: Violation law carried out byprisoners war must still processed in accordanceapplicable law However during the legal process walk aprisoner war must still get right his as prisoner war withthe provisions that have been set, then from That everycountry must own copy convention geneva the sentenceinside it convention mentioned understood by a personprisoner war.Background: Enforcement prisoner wars waged on every country are inseparable from provisions of humanitarian law. Every country involved in the origination convention subject to the established rules even has been implemented well. Aims: From the background that has been described above, then writer interested in raising this material in the creation of a journal with the title "Treatment Against Prisoners of War Under Humanitarian Law”. Method: research method used is the method study Library Research is a series of activities related to methods library data collection, reading and taking notes as well as processing research materials that utilize source library. As well as Internet Searching which is a technique data collection through the assistance of technology in the form of tool or machine internet search where all information such as writing, data, pictures and so on from various eras available inside it. Result: A prisoner war entitled on treatment as a prisoner war When the status as prisoner war Already fulfilled. Treatment to prisoner war has set up in terms and conditions law humanitarian. Provisions of Humanitarian Law the set up in Convention Geneva III 1949 on treatment to prisoner war. Conclusion: Violation law carried out by prisoners war must still processed in accordance applicable law However during the legal process walk a prisoner war must still get right his as prisoner war with the provisions that have been set, then from That every country must own copy convention geneva the sentence inside it convention mentioned understood by a person prisoner war
The Pluralism of Customary Criminal Law: A Comparison between Indonesia and Brazil
No full textLegal pluralism is an unavoidable reality in countries with diverse ethnic and cultural backgrounds, including Indonesia and Brazil. Therefore, it is important to conduct a comparative study on the practices of customary criminal law pluralism in both countries. This research employs normative juridical and empirical methods to examine both the constitutional basis and practical implementation ofindigenous legal traditions. The findings indicate that although both countries recognize the existence of customary law, they differ in legislative approaches, implementation strategies, and the relationship between state law and indigenous community law. Preventive and repressive legal protections are evaluated, emphasizing the need for clearer codification, participatory governance, and culturalsensitivity. Hindering factors such as legal fragmentation and political resistance are also identified. This study further recommends the necessity of formal recognition and integrative mechanisms that not only protect the rights of indigenous peoples but also ensure legal certainty and justice in a more inclusive manner. Future research is suggested to explore broader longitudinal and comparative frameworks.Legal pluralism is an unavoidable reality in countries with diverse ethnic and cultural backgrounds, including Indonesia and Brazil. Therefore, it is important to conduct a comparative study on the practices of customary criminal law pluralism in both countries. This research employs normative juridical and empirical methods to examine both the constitutional basis and practical implementation of indigenous legal traditions. The findings indicate that although both countries recognize the existence of customary law, they differ in legislative approaches, implementation strategies, and the relationship between state law and indigenous community law. Preventive and repressive legal protections are evaluated, emphasizing the need for clearer codification, participatory governance, and cultural sensitivity. Hindering factors such as legal fragmentation and political resistance are also identified. This study further recommends the necessity of formal recognition and integrative mechanisms that not only protect the rights of indigenous peoples but also ensure legal certainty and justice in a more inclusive manner. Future research is suggested to explore broader longitudinal and comparative frameworks
Evolution Of Islamic Family Law In Multicultural Society Adoption Cases And Challenges International Law
Get PDFThe problem related to the evolution of Islamic family law in multicultural societies in cases of adoption lies in the tension between Islamic principles that regulate kafalah (protection of children without changing the status of descent) and international law that accepts full adoption, including changes in the legal status of children. This research uses a library research approach. The data sources used in this study consist of various types of relevant literature, namely: Books, scientific journal articles and research reports. The results of the research show that: 1). The form of evolution of Islamic family law related to adoption in a multicultural society is that Islamic family law has undergone changes to adapt to a multicultural society. Initially, Islam did not recognize full adoption, but rather the concept of kafalah, which only provides protection without changing the status of the child\u27s descendants, 2). The challenge in implementing adoption rules in multicultural societies is the difference in understanding between Islamic law which does not change the child\u27s status of descent and secular law which allows full adoption. 3). The interaction between Islamic family law and international law in adoption cases is that the interaction of these concepts becomes very urgent, especially in relation to international adoption. Although Islamic law does not allow full adoption which changes the legal status of the child, Muslim countries must balance the application of Islamic law with obligations to international treaties, such as the Hague Convention. 4). The impact of globalization on the acceptance of Islamic family law in adoption cases at the international level is that globalization accelerates the acceptance of Islamic family law in international adoption cases, despite concerns about social changes affecting religious values
The Existence of General Principles of Good Governance Regarding Discretion in the Implementation of Regional Government
Get PDFThe problem in this study focuses on AUPB based on Law No. 30 of 2014 concerning Government Administration and how the Existence of AUPB is related to Discretion in the Implementation of Regional Government. This study aims to determine the existence of AUPB, discretion in the implementation of regional government. The research method used is qualitative research with a normative legal research type. The research approach uses a descriptive analysis approach. The results of the study indicate that AUPB in Indonesia has been concretely regulated in Law No. 30 of 2014, where AUPB has a significant and urgent relationship with the authority of government officials in the use of discretion and the implementation of regional government. AUPB as a basis for reference in filing a lawsuit at the State Administrative Court. Discretion that is contrary to AUPB has an impact on the decision of the state administrative agency or official to become detournement de pouvoir or abuse of authority
Joint Property Rights Related to Intellectual Property Rights in the Perspective of Islamic Family Law
Get PDFThis research departs from the unclear status of Intellectual Property Rights as part of joint property in Islamic Family Law. The immaterial nature of Intellectual Property Rights but its significant economic value poses its own challenges in the context of property division, especially after divorce or the death of one of the spouses. This research aims to understand and analyze in depth the position of joint property derived from Intellectual Property Rights in the perspective of Islamic Family Law, as well as investigate the status and dispute resolution of such property in legal practice in Indonesia. The main focus of the research includes three main problems: (1) What is the position of joint property rights related to Intellectual Property Rights from the perspective of Islamic Family Law? (2) What is the status of Intellectual Property Rights as joint property in marriage? and (3) How is the settlement of joint property disputes originating from Intellectual Property Rights according to Islamic Family Law in Indonesia. The methodology used is library research with a content analysis approach and a comparative method to the relevant legal system. Data sources consist of primary legal materials such as Law Number 1 of 1974 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and regulations related to joint property; and secondary materials in the form of books, journals, and other legal documents. The data analysis technique uses a normative juridical approach. The results showed that although the principle of joint property in Islamic Family Law recognizes joint ownership of property obtained during marriage, there is no normative clarity regarding the position of Intellectual Property Rights as part of joint property. This creates ambiguity in dispute resolution, especially when Intellectual Property Rights become the main source of income or have high commercial value. This research emphasizes the need for the development of more specific regulations and progressive legal interpretations to ensure legal certainty, justice, and protection of the rights of spouses in the division of joint property involving Intellectual Property Rights. The research recommendations encourage the integration of contemporary fiqh approaches and Islamic family law reform in Indonesia in addressing modern economic developments involving intellectual property as an object of joint ownership
Revisiting Law Enforcement against Revenge Porn Offenders in Cyberspace
Get PDFThe development of digital technology has increased the threat of cybercrime, including revenge porn, which has a broad impact on victims, psychologically, socially and economically. Although Indonesia already has regulations such as the ITE Law and the Pornography Law, these regulations have not been fully effective in ensnaring perpetrators and providing maximum protection for victims. Meanwhile, other countries such as the United Kingdom and the United States have more specific regulations in dealing with revenge porn. This study aims to analyze the effectiveness of law enforcement against revenge porn in Indonesia and provide recommendations for improving regulations to increase victim protection. The method used is normative legal research with a statutory and comparative approach, which involves analyzing national and international regulations, as well as reviewing court decisions and reports from various institutions. The results show that Indonesian regulations still have gaps in dealing with revenge porn, especially in the aspects of victim protection, content removal mechanisms, and sanctions for perpetrators and digital platforms. Therefore, more progressive legal reforms are needed, including the implementation of the right to be forgotten, increasing sanctions for perpetrators
The Existence of Pancasila as a National Legal Identity in the Midst of Globalization
Get PDFPancasila, as the nation\u27s foundation and source of all legal sources in Indonesia, plays a fundamental role in shaping the national legal identity. However, in the era of globalization, marked by the penetration of foreign legal values and liberalization across various sectors, the existence of Pancasila faces serious challenges both ideologically and normatively. This study aims to analyze how Pancasila remains relevant as the national legal identity in the face of globalization dynamics. The study employs a normative research approach using legal and philosophical frameworks. Data analysis is conducted qualitatively through a literature review of primary and secondary legal documents. The novelty of this research lies in its emphasis on the importance of repositioning the role of Pancasila not only as an ideological symbol but also as an operational principle in the formation and implementation of national law. The results of the study show that although globalization has an impact on the adaptation of the national legal system, the values of Pancasila can still serve as a solid foundation for the formulation of legal policies as long as there is a revitalization of understanding and institutional strengthening. The re-actualization of Pancasila values in national legal products has proven capable of filtering out global influences that are not in line with the character of the nation. This study recommends the need to strengthen Pancasila-based legal education, harmonize regulations with the noble values of the nation, and establish an ideological supervisory body to ensure that all laws and regulations are in line with Pancasila values as the national legal identity
Local Governance and Bureaucratic Reform in Public Policy Perspective: What and How?
Get PDFThis study aims to analyze the relationship between local governance and bureaucratic reform from a public policy perspective, focusing on the fundamental questions of what constitutes reform and how it is effectively implemented at the local level. Employing a descriptive qualitative method through literature review and case studies in selected regional governments in Indonesia, this research finds that the success of bureaucratic reform at the local level is strongly influenced by adaptive leadership, active public participation, and institutional capacity to build transparent and accountable systems. The novelty of this study lies in the integration of good governance principles with bureaucratic reform frameworks as a unified approach to improving public sector performance in local governance. Furthermore, this research identifies structural barriers such as weak political will, resistance from bureaucratic actors, and the misalignment between national policies and local needs. The study recommends a contextual approach in designing and implementing bureaucratic reform policies at the local level, including institutional capacity-building, improved vertical and horizontal coordination among government agencies, and enhanced civic engagement in policy supervision and evaluation. The findings contribute theoretically and practically to the discourse on democratic local governance and sustainable bureaucratic reform within the framework of public policy