Ejournal Universitas Warmadewa
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Perlindungan Hukum Terhadap Petani Dalam Penetapan Harga Jual Beli Pupuk Bersubsidi Perspektif Wahbah Az Zuhaili (Studi Kasus Kecamatan Bandar Pulau Kabupaten Asahan)
No full textIndonesia merupakan negara agraris yang sebagian besar penduduknya bermata pencaharian sebagai petani. Banyak faktor yang mempengaruhi keberhasilan sektor pertanian, salah satunya adalah pupuk. Tujuan penelitian ini yaitu untuk mengetahui bagaimana perlindungan hukum terhadap penetapan harga pupuk bersubsidi yang terjadi di Kecamatan Bandar Pulau Kabupaten Asahan menurut Wahbah Az-Zuhaili. Metode penelitian deskriptif kualitatif digunakan untuk menjelaskan karakteristik, kualitas, dan keterkaitan antar kegiatan tanpa melakukan perlakuan atau manipulasi terhadap variabel yang diteliti. Penelitian ini merupakan jenis penelitian lapangan yang dilakukan melalui observasi, wawancara, dan dokumentasi. Hasil penelitian menunjukkan bahwa perlindungan hukum terhadap petani dalam penetapan harga pupuk bersubsidi merupakan aspek penting dalam pertanian Indonesia. Harga pupuk yang ditetapkan oleh pengecer melebihi Harga Eceran Tertinggi (HET) Peraturan Menteri Pertanian Republik Indonesia Nomor 49 Tahun 2020 yang sudah ditetapkan oleh pemerintah. Hal ini mengakibatkan petani harus membayar lebih mahal, sehingga menimbulkan kerugian bagi mereka. Dalam perspektif Wahbah Az-Zuhaili, berlebihan dalam mengambil keuntungan dan penipuan dalam jual beli yang berlebihan diharamkan dalam agama. Perlindungan hukum terhadap petani yang mengalami kerugian dapat dilakukan melalui hak khiyar, yaitu hak untuk membatalkan akad jika terdapat ketidakadilan atau penipuan dalam harga pupuk bersubsidi
Principles of Justice and Legal Certainty by election organizers Regarding Conditions for Nominating Regional Heads
No full textThis study aimed to understand the considerations of the judges of the Honorary Council for Election Organizers (DKPP) in handling cases of violations of law and ethics by regional head election organizers, as reflected in the 161-PKE-DKPP/XI/2020 decision. This study adopted a normative or doctrinal legal research method, utilizing primary, secondary, and tertiary legal materials. Analysis was conducted through a theoretical descriptive approach to the problem faced. The results showed that the DKPP judges criticized the South Halmahera KPU for its lack of professionalism in examining the nomination requirements, stating that the KPU should not only understand the nomination PKPU and Juknis textually, but also substantively. The DKPP judge's decision showed high professionalism, prudence, and wisdom, with deep consideration based on existing norms. However, in terms of rejecting the fulfillment of the nomination requirements, the South Halmahera KPU also had applied the principle of legal certainty which is considered the appropriate legal norm in the context of the South Halmahera district head election
MANAGEMENT OF BAGA UTSAHA PADRUWEN OF TRADITIONAL VILLAGE (BUPDA) IN ECONOMIC EMPOWERMENT OF TRADITIONAL LAW COMMUNITIES IN BALI
No full textTraditional Villages in Bali have the task of realizing Traditional Village customs which include tranquility, prosperity, happiness, and peace in life and the future. Bali Province Regional Regulation No. 4 of 2019 in conjunction with Bali Province Regional Regulation No. 4 of 2022 is one answer and solution to this task. It contains the ideology and basic framework for the governance of Traditional Villages in Bali and the economic system of Traditional Villages in Bali. It is also a basic strategy for strengthening the existence and role of Traditional Villages. Based on these conditions, the legal issues raised in this research are to analyze (1) the nature of Traditional Village-Owned Enterprise (referred to as BUPDA) management arrangements in Bali Province; (2) the effectiveness of Bali Province Regional Regulation No. 4 of 2019 in conjunction with Bali Province Regional Regulation No. 4 of 2022 in regulating the management of BUPDA in Bali Province; and (3) a BUPDA management model that can improve the welfare and economic independence of traditional law communities in Bali. The research method used is an empirical legal research method. The results of the research show that (1) The nature of BUPDA plays a role in preserving the continuity, preservation of customs, traditions, arts and culture, and local wisdom in Bali and can improve the welfare and independence of Traditional Villages in Bali; (2) The effectiveness of Bali Province Regional Regulation No. 4 of 2019 in conjunction with Bali Province Regional Regulation No. 4 of 2022 or the small number of BUPDA formations in Traditional Villages is also caused by not all factors such as law enforcement, legal quality, and the suitability of regional regulations to local needs and conditions in each district/city which can influence the effectiveness of implementing regional regulations regarding BUPDA; and (3) The BUPDA management model in Bali by integrating the components of cultural capital, economic capital, social capital, religious capital, and technology/IT capital as a hybrid institutional model. BUPDA governance needs to pay attention to cultural, social, religious, and technological aspects in developing the economy of Traditional Villages sustainably based on local potential and wisdom
Crime in Culture: Analysis of the Sarong War in the Holy Month from a Criminal Law Perspective
No full textThe phenomenon of crimes committed by teenagers is growing day by day. These crimes can be led by various factors which make them vent their emotions to other people or groups. One of the phenomena that occurred in the holy month of Ramadan is the phenomenon of sarong wars, which used to be a tradition that has now turned into something motivated by emotions because of mutual challenges on social media victimized by teenagers. This phenomenon is a surprising thing because in the holy month where they should worship a lot, they instead commit various kinds of crimes, namely the sarong war. This research focuses on how the responsibility of teenagers involved in the sarong war is what efforts are made by the police to prevent the phenomenon of the sarong war. This research is conducted in a normative juridical method that will examine the research topic which will be processed by using various kinds of relevant reference sources to obtain a deep understanding of the topics and problems studied in this study. One result obtained from this research is that adolescents have the ability to be responsible in the criminal act because they do not have psychiatric disorders that have been included in the law. So that those involved can be subject to strict sanctions. Efforts made by the police are to conduct patrols to prevent the sarong war, which is physical and cyber
Legal Consequences of Product Quality Tadlis in E-Commerce Shopee Perspective of DSN MUI Fatwa Number 146 of 2021 on Online Shop Based on Sharia Principles
No full textThis study aims to examine the legal consequences of tadlis in the quality of e-commerce products, especially on the Shopee platform, from the perspective of the National Sharia Council of the Indonesian Ulama Council (DSN MUI) Fatwa Number 146 of 2021. Tadlis, as a form of fraud in buying and selling transactions, is prohibited in Islam because it contradicts the values of honesty and justice. A qualitative method with a normative juridical approach is used in this research to analyze the DSN MUI fatwa and the legal articles related to product quality in e-commerce. The results of the study show the importance of honesty and justice in online transactions, the obligation of sellers to guarantee product quality, and the legal implications of violations of these principles
Crime of Fraud (Pig Butchering Scam) Through Social Media in the Perspective of Islamic Criminal Law
No full textAlong with the development of internet technology at this time which has a lot of positive impacts on its users, of course it also has a negative impact on the development of the internet. One of them is online fraud through social media that uses the pig butchering scam mode. Pig butchering scam is a fraud mode that has been rampant in Indonesia in recent years. This mode relies on social media to run the scam. The perpetrator will use a fake account and identity then offer fraudulent investments or freelance work with the lure of large profits that will be obtained at the beginning. This study aims to first understand the mode of criminal act of pig butchering scam applied in fraud through social media. Second, to find out the characteristics of the pig butchering scam crime. Third, to find out the legal action against the crime of pig butchering scam in the perspective of criminal law and Islamic criminal law. This study uses a normative juridical research method, as well as applying a case approach. Using the library research method, data collected based on documents that discuss the topic of pig butcheing scam from various literature. This study obtained the results that criminal acts with the pig butchering scam mode through social media are included in the category of criminal acts of fraud as regulated in Article 378 of the Criminal Code. So it can be concluded from the results of this study, namely the crime of pig butchering scam through social media, including criminal acts that can harm the victim materially or immaterially. Thus, it is hoped that there must be actions that prevent this act from occurring, with benefits such as increasing public knowledge about investment and increasing supervision of forms of investment in social media
Constitutional Law Reform: Analysis and Impact
No full textThis research aims to assess the efficacy of the amendments to the 1945 Constitution of the Unitary State of the Republic of Indonesia in promoting democratic values and enhancing government accountability. Utilizing a normative research method, the study involves comprehensive literature reviews and detailed analyses of legal documents, including related laws, regulations, official documents, academic publications, and specific amendments to the Constitution. These amendments, which included limiting the presidential term, increasing the transparency of the general election process, and strengthening the roles of the People's Representative Council and the Regional Representative Council, were evaluated for their impact. The findings indicate that while the constitutional changes have fostered increased accountability and transparency within the government, challenges such as bureaucratic inertia, public ignorance of legal frameworks, and persistent corruption continue to impede full realization of the reforms. The study suggests that enhanced public engagement, stricter law enforcement, and further bureaucratic reform are necessary to overcome these obstacles. Successfully addressing these challenges could lead to a smoother functioning of governance, improved administration, and the establishment of a democratic and just legal state that aligns with Indonesia's aspirations. The potential implications of these reforms are significant, promising to enhance the democratic fabric and accountability mechanisms of the country
Ownership Rights to Buildings that Stand on Water
No full textFloating houses, or "Rumah Terapung," are unique residential concepts built on water rather than on land. This tradition, deeply rooted in Indonesian coastal communities, involves constructing homes on lakes, rivers, marshes, and coastal areas, reflecting a lifestyle passed down through generations. Indonesian law, particularly Law No. 28 of 2002 concerning Buildings, permits the construction of structures above or below land, water, or public infrastructure, which must be registered with the government to ensure proper use and development. However, many floating houses remain unregistered due to unclear land rights. The National Land Agency (BPN) oversees the registration of land rights, including maritime cadastres, which are essential for managing coastal and marine areas. Despite Indonesia's abundant coastal resources, the country lacks a dedicated maritime cadastre organization, necessitating the development of appropriate measurement, mapping, and rights registration processes to provide legal certainty for these water-based structures. The guarantee of immovable objects like floating houses involves Mortgage Rights under Law No. 4 of 1996. The principle of horizontal separation in Indonesian land law, which distinguishes ownership of land and buildings, complicates the registration and guarantee process. Government authority encompasses various laws and regulations, including Law No. 11 of 2020 and Law No. 26 of 2007, requiring coordination between central and regional governments in planning, licensing, environmental assessment (AMDAL), supervision, law enforcement, and conservation. Proper coordination ensures sustainable and environmentally friendly development, preserving Indonesia's coastal and marine resources. Clear regulations and processes are essential to provide legal certainty and support the sustainable development of floating housing settlements, ensuring that these unique communities continue to thrive
Legal Review of Implementation of Cooperation Agreements between Agents and Distributors in Business Law Principles
No full textThis study examines the cooperation agreement between agents and distributors in the distribution of 3 kg Liquefied Petroleum Gas (LPG). A law consists of regulations that govern society, and a treaty is an agreement where parties commit to certain obligations, ensuring legal certainty and justice. LPG, typically a colorless and odorless fuel, is crucial for various domestic and international uses. The research focuses on how well the Agent-to-Distributor cooperation agreement is being implemented and the legal consequences if the distributor fails to comply with it. Using empirical legal research methods, the study gathers relevant data and analyzes the effectiveness of the cooperation agreement. The findings indicate that the implementation of the agreement is generally in line with the written terms. However, if the distributor does not adhere to the agreement, they may face legal penalties, including sanctions and fines. This research highlights the importance of contractual agreements in ensuring smooth LPG distribution and the need for compliance to avoid legal repercussions
The Implementation of Chemical Castration for Pedophilia Offenders in The Review of Law No.17 Of 2016 And Islamic Criminal Law
No full textThis study looks at the Law No. 17/2016's provisions regarding chemical castration as a penalty for pedophilia and contrasts them with Islamic criminal law. This study examines pertinent laws and literature using a normative juridical framework to determine the acceptability and efficacy of chemical castration. The research findings reveal that chemical castration, as an additional punishment in Law No. 17/2016, aims to provide a deterrent effect and protect victims from sexual crimes. However, from the perspective of Islamic criminal law, there are significant differences regarding the permissibility and effectiveness of this punishment, which emphasizes justice, victim recovery, and proportional punishment. This study concludes that although chemical castration is considered a preventive measure in Indonesia's positive legal system, its implementation needs to be further considered in order to comply with the principles of justice in Islamic criminal law