scholarly journals The Tradition of Ngerampag Traditional Village of Subagan Karangasem Bali in Criminal Law Perspective

2021 ◽  
Vol 4 (2) ◽  
pp. 122-128
Author(s):  
Ni Made Liana Dewi
Keyword(s):  
Natural Products ◽  
Direct Observation ◽  
Criminal Law ◽  
Research Method ◽  
Legal Research ◽  
Migrant Communities ◽  
The Past ◽  
Positive Law ◽  
The Law

In Bali Province, there are various kinds of unique traditions that have been preserved from the past until now, one of which is the Ngerampag Tradition which is found in the Subagan Traditional Village, Karangasem Regency, Bali. However, in its implementation, this tradition has received complaints from some migrant communities who live in the Subagan Adat Village area, because this tradition takes natural products and pets without the knowledge and permission of the owner. The formulation of the problem in this research is how the implementation of the Ngerampag Tradition in the Subagan Traditional Village in the perspective of criminal law and how are the sanctions for people in the Subagan Traditional Village who commit the Ngerampag Tradition whose actions are considered contrary to criminal law in Indonesia. The method used in this research is empirical legal research method, namely a research method through interviews conducted through direct observation. The implementation of the Ngerampag Tradition in the Subagan Traditional Village is basically an activity that violates the law because in its implementation it takes the natural contents of residents other than those mentioned in awig-awig without the permission or the knowledge of the owner. These activities are expressly prohibited in the positive law (KUHP) Articles 362-367 concerning theft. So that in its implementation the Ngerampag Tradition sometimes creates misunderstandings, especially for immigrants who live in the Subagan Village area. However, the problem did not go to court, because the customary village side resolved this problem by means of mediation.

scholarly journals The Legal Status of Appraisal of Materials Guarantee for Bancruptcy Process of Indonesia

2020 ◽  
Vol 16 ◽  
pp. 1-12
Author(s):  
Anne Rusiana ◽  
Jamal Wiwoho ◽  
Adi Sulistiyono
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Legal Certainty ◽  
Legal Research ◽  
Positive Law ◽  
Legal Case ◽  
The Status ◽  
The Law ◽  
Legal Discovery ◽  
As If

This research studies the legal status of a material guarantee for the bankruptcy process of Indonesia. The purpose of this research is to find out the legal status of whether the material guarantee that has been declared bankrupt by the appraisal because of not fulfill of repayment of the debtor to the creditor can be transferred on non-bankruptcy status? Moreover, what is the creditor's execution rights to the debtor's material guarantee? This research uses a normative legal research method, namely: legal research that is done with the purpose of discovering the principles and philosophical base (dogma or doctrine) of positive law, and the research of legal discovery efforts in concreto that is suitable to be implemented to solve a particular legal case. The result of this research is that material guarantees that have been determined as Bankruptcy cannot be transferred to their status when they are sold with a non-bankrupt status before a written decision by the judge justified the status. This shows obedience to the principles of legality and legal certainty, that selling the bankrupt assets with the status of (non-bankrupt assets) cannot be justified according to the law. If the curator still continues to sell the bankrupt assets, that process is illegal, including the execution of the selling according to the law. When it was being declared of bankrupt the total value of the material guarantee is assessed by the appraisal to be sufficient for paying all debts to the creditor, then it became the guarantee of repayment of the debtor, but if the value of the material guarantee valued by the appraisal is smaller than the debt, then there must be a reassessment in order to make justice for debtors and creditors. Mortgage-holding creditors, fiduciary guarantees, mortgage rights, mortgages, or other collateral rights, can execute their rights as if Bankruptcy did not occur, but there are several receivables that must be matched before executing their separatist rights.

scholarly journals Motive Element in Planed Murder Criminal Act According to Article 340 KUHP

2019 ◽  
Vol 7 (11) ◽  
Author(s):  
Lalu Irawadi ◽  
Rodliyah ◽  
Muhammad Natsir
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Research Result ◽  
Point Of View ◽  
Legal Research ◽  
Conceptual Approach ◽  
Positive Law ◽  
Subjective Element ◽  
Historical Comparative ◽  
Legal Consequences

This research is conducted to find out and analyse the implementation of criminal law in motive element of planed murder perpetrator as well as to find out and analyse the vindication of motive of planed murder perpertator by applying normative legal research method. Aimed to analyze the implementation of positive law norms under statute, case and historical, comparative and conceptual approach. Research result shown that implementation of Article 340 KUHP depends on judge’s point of view poured in his legal considerations. The point of view can be Monistic where motive is not a significance consideration as long as the crime lead to certain legal consequences or dualistic where motive is important to consider in order to determine perpetrator’s grade of guilt (psychologically) since dualistis point of view differentiate between objective element and subjective element (guilt element). To proof that there is motive element in a planed murder, Judge shall apply vindication principle used in Indonesia’s criminal law procedure according to Article 184 KUHP and law number 48 of 2009 concerning judiciary power.

scholarly journals ASAS KEADILAN DAN AHLI WARIS PENGGANTI DALAM PRAKTIK KEWARISAN MASYARAKAT BERDASARKAN HUKUM ISLAM DIKECAMATAN BANTAN KABUPATEN BENGKALIS

2018 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Hasan Basri ◽  
Muhammad Azani
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Legal Research ◽  
Male And Female ◽  
Positive Law ◽  
The Family ◽  
The Law ◽  
Sense Of Justice

<p><em>This article analyzes the inheritance practices carried out by the community in Bantan District, Bengkalis Regency Based on Islamic Law. The research method used is a sociological legal research that discusses the application of positive law regarding the practice of community inheritance in Bantan District, Bengkalis Regency. The results showed: a. The community in Bantan Subdistrict turned out to be wrong in understanding the principle of balanced justice which was considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice must be in the same sense. Whereas the meaning of the principle is that each heir, both male and female, has the same rights in obtaining inheritance rights. Men get more rights which do not mean unfair, but in Islamic law it stipulates that men are responsible for the burden of the family; b. The community in Bantan District in understanding radd in Islamic law does not fully refer to the KHI which is a reference in determining the law. They divide radd based only on habits that can be shared with the heirs who want it or the mosque; c. The community in Bantan Subdistrict considers that the heirs who passed away first from the heir, cannot be replaced by the heir's child. Whereas based on Article 185 paragraph (1) the KHI position of the heir can be replaced by the offspring of both male and female.</em></p>

scholarly journals Asas Keadilan dan Ahli Waris Pengganti dalam Praktik Kewarisan Masyarakat berdasarkan Hukum Islam di Kecamatan Bantan Kabupaten Bengkalis

2017 ◽  
pp. 1-14
Author(s):  
Hasan Basri ◽  
Muhammad Azani
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Legal Research ◽  
Male And Female ◽  
Positive Law ◽  
The Family ◽  
The Law ◽  
Sense Of Justice

This article analyzes the inheritance practices carried out by the community in Bantan District, Bengkalis Regency Based on Islamic Law. The research method used is a sociological legal research that discusses the application of positive law regarding the practice of community inheritance in Bantan District, Bengkalis Regency. The results showed: a. The community in Bantan Subdistrict turned out to be wrong in understanding the principle of balanced justice which was considered to be contrary to the sense of justice for the heirs. They understand the principle of balanced justice must be in the same sense. Whereas the meaning of the principle is that each heir, both male and female, has the same rights in obtaining inheritance rights. Men get more rights which do not mean unfair, but in Islamic law it stipulates that men are responsible for the burden of the family; b. The community in Bantan District in understanding radd in Islamic law does not fully refer to the KHI which is a reference in determining the law. They divide radd based only on habits that can be shared with the heirs who want it or the mosque; c. The community in Bantan Subdistrict considers that the heirs who passed away first from the heir, cannot be replaced by the heir's child. Whereas based on Article 185 paragraph (1) the KHI position of the heir can be replaced by the offspring of both male and female.

scholarly journals Efektifitas Pemberian Dispensasi Kawin Pada Anak Di Bawah Umur Menurut Undang-undang No.1 Tahun 1974 (Studi Kasus Di Kab. Polewali Mandar)

2019 ◽  
Vol 15 (1) ◽  
pp. 73
Author(s):  
Ade Rahayu
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Positive Law ◽  
Age Limit ◽  
The Law ◽  
Family Based ◽  
The One ◽  
Husband And Wife

Marriage dispensation is the relief of something (age limit) in bonding between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One Godhead. The purpose of this study was to determine and analyze the effectiveness of Marriage Dispensation in Underage Children in Polewali Mandar Regency and the factors that influence the judge's decision to grant the request for mating dispensation in minors in Polewali Mandar district. The research method used is empirical legal research. The results showed that underage marriage in Polewali Mandar district had not been implemented effectively because underage marriage was still found without going through mating dispensation and the factors that influenced the judge's decision to grant the request were because the prospective bride had been pregnant out of wedlock. Because the judge is not bound by positive law so the judge is given the opportunity to find the law. The judge prioritizes the concept of maslahah mursalah, where the judge chooses consideration of goodness and rejects damage in society and prevents harm.

scholarly journals Tinjauan Yuridis Tentang Pengurangan Masa Pidana (Remisi) terhadap Tindak Pidana Narkotika

2020 ◽  
Vol 1 (1) ◽  
pp. 137-142
Author(s):  
Ni Kadek Nilawati Dwi Cahya ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Criminal Law ◽  
Research Method ◽  
Legal Research ◽  
Regional Office ◽  
Positive Law ◽  
Directorate General ◽  
The Government

Indonesia is a rule of law which gives relief to prisoners every year, referred to as remission, is a policy of the government in order to reduce criminal penalties for each suspect caught in criminal law. Remission is given to those who during the sentence meet the provisions as people who are entitled to remission as well-behaved, and comply with any applicable regulations at the place of punishment. For someone who during his sentence is always against the rules cannot be given a remission. This study aims to determine the regulation of reducing the criminal period and determine the provision of remissions for narcotics offenders. The research method used is a type of normative legal research conducted by the method of recording and assessment based on legal materials. Researchers study and gather information through legal science books without deviating from positive law in order to conclude a conclusion. The implementation of the remission for narcotics offenders, namely the determination of the remission, is carried out by the decision of the head of the regional office on behalf of the minister, after issuing the stipulation of the head of the regional office must submit a report on the determination of the reduction of the criminal period to the minister of the Ministry of Justice and Human Rights cq. Directorate General of Corrections.

scholarly journals ANALISIS PEMBAGIAN HARTA BERSAMA DALAM KONDISI MATI KALALAH (Studi Kasus Putusan Nomor 197K/AG/2015)

2018 ◽  
Vol 1 (1) ◽  
pp. 488
Author(s):  
Tetty Hariyati ◽  
Wahyuni Retnowulandari
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Legal Research ◽  
Domestic Life ◽  
Positive Law ◽  
Community Property ◽  
The Law ◽  
Husband And Wife

The division of community property is a very essential issue in domestic life. Regarding the positive law taking in force in Indonesia, the division of community property for Islam is regulated in the Compilation of Islamic Law (KHI) where the Compilation of Islamic Law regulates the division of community property for both widowed (widowed and not remarried) and divorced (divorced and not remarried). The widowed is regulated in article 96 of the Compilation of Islamic Law and the divorced is regulated in article 97 of the Compilation of Islamic Law. If examined from these two articles, both equally regulates  if the marriage relationship broke up, the community property is divided for husband and wife, each will get a 50:50 part. However, this is different based upon  Decision Number 197K / AG / 2015 The division is greater for the wife of 60% and 40% for husband. In this case the problem raised here is how the regulation makes an arrangement for division of community property in dead condition without father and children (mati kalalah) under the law of inheritance in Indonesia and how the judge's consideration related to the division of community property in dead condition without father and children (case study: Decision number 197K / AG / 2015)? The author here used normative legal research method that is descriptive and primary and secondary data and also supported by interviews in this study.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals Analysis of Wakaf and Maqashid Syari'ah Law on the Development of Wakaf Property in Lhokseumawe City

2021 ◽  
Vol 3 (1) ◽  
pp. 224-231
Author(s):  
Yasir Nasution ◽  
Alyasa’ Abubakar ◽  
Kafrawi
Keyword(s):  
Data Collection ◽  
Islamic Law ◽  
Legal Research ◽  
Government Regulations ◽  
Theoretical Concepts ◽  
Positive Law ◽  
Islamic Jurisprudence ◽  
The Law ◽  
Research Show

The development of waqf assets in the form of adding the function of waqf is a new phenomenon in the problems of Islamic law jurisprudence even in positive law in Indonesia. In national law (positive), Indonesia has regulated this issue with the existence of laws and government regulations regarding waqf both movable and immovable waqf assets, even in its development every property in waqf must have an Deed and / or certificate. Whereas in Islamic jurisprudence, the development of waqf assets in the form of additional functions is one of the problems that can be said to be new, it needs legal conclusions and even has to be seen from various theoretical concepts such as maqashidu sharia. Therefore this research will examine the issue of developing waqf assets based on the Waqf Law and maqashid syari'ah. This research is an empirical legal research using a sociological legal approach, with data collection through documentation and interviews. The results of the research show that the development of waqf assets is permitted according to the law, but with the stipulated conditions, besides that the development of waqf assets is also permissible in Islamic jurisprudence as long as it is solely for reasons in accordance with the concept of maqasidu syari'ah and the point is to seek maslahat.  

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