scholarly journals Pembinaan Narapidana Dengan Sistem Pemasyarakatan

PRANATA HUKUM ◽  
2018 ◽  
Vol 13 (2) ◽  
pp. 181-186
Author(s):  
Doris Rahmat
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Secondary Data ◽  
Data Collection Tool ◽  
Legal Research ◽  
Knowledge And Skills ◽  
The Law

The institution of society is a place that is used in Indonesia which is emphasized on the aspect of coaching. In this penitentiary the prisoners are nurtured and educated and equipped with knowledge and skills as a provision for him when he finishes his penalty. With this provision the prisoner can return to the community and become a good member and able to be responsible, The research method used is the method of sociological juridical approach that is the problem approach through legal research by looking at the reality of the law in practice, while the data collection tool used in this research is interview, collect primary and secondary data, then Analyzed Qualitatively By Grouping Data According To Aspects Studied.

scholarly journals Penerapan Metode Istihsan Pada Bidang Muâmalah Mâliyyah (Hukum Ekonomi Syariah)

2021 ◽  
Vol 21 (1) ◽  
pp. 68
Author(s):  
Panji Adam
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Literature Study ◽  
Collection Method ◽  
Economic Law ◽  
History Of ◽  
The Law

Istihsan is one of the ijtihad methods disputed by the scholars ushul fiqh, although in reality, all scholars use it practically. The establishment of the law by istihsan method is widely carried out by scholars among the Hanafiyyah and Malikiyyah so that in the history of ushul fiqh, the Hanafiyyah are known as the group that uses istihsan as one of the methods of istinbâth al-ahkâm (determination of the law). Imam Shafi'i is a cleric who rejects istihsan as a method of determining Islamic law. But in practice Imam Shafi'i also uses istihsan as a method of determining Islamic law. The science of ushul fikih has a significant role in contributing to the existence of Islamic law, especially in the field of Sharia economic law. Research method conducted based on normative juridical approach, The specification of research used is analytical descriptive, The type of data used in this research, namely secondary data, data collection method used is literature study and analysis of secondary data that is qualitative. The results showed that istihsan is one of the methods of istinbâth al-ahkâm, which can be used as an argument and a proof of syara' and serves in determining the validity of an agreement / transaction in the field of Sharia economic law.

Politics of Legal in Nominee Agreement And Its Practice In Indonesia

2020 ◽  
Vol 11 (1) ◽  
pp. 196
Author(s):  
SUPARJI SUPARJI
Keyword(s):  
Human Behavior ◽  
Research Method ◽  
Code Of Ethics ◽  
Limited Liability ◽  
Secondary Data ◽  
Limited Liability Company ◽  
Legal Research ◽  
Community Needs ◽  
The Law ◽  
A Company

This study aims to examine the legal politics of nominee agreement in Indonesia. The research method used is normative juridical, which conceptualizes the law as what is written in the legislation or the law as a rule or norm that is a benchmark of human behavior that is considered appropriate. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods. The results stated that there are no specific rules that override or provide other possibilities related to the issue of absolute ownership of shares by shareholders registered in the register of shareholders of a limited liability company. The unauthorized nominee of agreement in Indonesia is prohibited. The prohibition on nominee agreement is clearly stated in Law No. 25 of 2007 concerning investment. In fact, nominee agreement has grown and developed in the community, due to community needs. Establishment of nominee agreements in practice can be categorized into the formation of direct nominee agreements, namely by directly making agreements between those who affirm that ownership of shares in a company is limited to and on behalf of others. Thus, the legal profession such as notary, legal consultant and lawyer in this case must provide legal counseling, and participate in supervisory duties. As a profession, it should keep the professional code of ethics instead of making unauthorized nominee by making a nominee agreement.  

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.

AKAD FINANCING OF MURABAHAH BETWEEN CUSTOMERS WITH MUAMALAT BANKS HARKAT VIEWED FROM SHARI'AH PRINCIPLES

2020 ◽  
Vol 10 (1) ◽  
pp. 13-26
Author(s):  
Candra Irawan ◽  
Adi Bastian ◽  
Febrozi Rohadi
Keyword(s):  
Data Collection ◽  
Financial Institutions ◽  
Research Method ◽  
Economic Condition ◽  
Field Research ◽  
Comprehensive Analysis ◽  
Islamic Banks ◽  
Legal Research ◽  
Trading System ◽  
Library Research

Currently in Indonesia Islamic Bank has gained a place and interested in the community, causing many emerging Syari'ah Bank and Financial Institutions of the syari'ah, and products in Islamic banks are widely used is murabahah financing. The formulation of the problem in this research are: (1). How is the implementation of the sale and purchase through murabahah financing between Bank Muamalat Harkat with customers. (2). Is trading system murabahah financing between Bank Muamalat Harkat and customers have been according to the principles of Syari’ah. (3). How murabahah financing efforts to resolve the breach between the customer and Muamalat Harkat. This research method is empirical legal research, this study was conducted in Bank Muamalat Harkat based data collection through field research such as interviews, observation and description as well as information from respondents through library research. The results of this research are: before an agreement Bank to assess carefully the prospective customer in the form of a comprehensive analysis and is divided into several stages, such as the assessment using the principle of 5C Character (Character of the debitor), Chapacity (Capability Candidate Debitor) , Capital (Capital candidate Debitor), Collateral (Collateral candidate Debitor) and Condition of economy (economic condition of the prospective Borrower). Trading system murabahah financing between Bank Muamalat Harkat with the customer has not fully based on the principles of the Syari'ah. Murabahah financing efforts to resolve the defaults can be solved by R3 is Restrukturing (Arrangement Back), Reconditioning (Terms Back) and Rescheduling (rescheduling), sales collateral and auction execution. 

TINJAUAN YURIDIS KAVLING SIAP BANGUN DI KOTA BATAM

2018 ◽  
Vol 6 (2) ◽  
pp. 110
Author(s):  
Padrisan Jamba, Irene Svinarky
Keyword(s):  
Research Method ◽  
Research Result ◽  
Secondary Data ◽  
Scientific Work ◽  
Land Ownership ◽  
Legal Research ◽  
Community Needs ◽  
The People ◽  
Scientific Analysis ◽  
Administrative Procedures

Batam City, which is one of the cities whose rules are slightly different from other cities inIndonesia, is about administrative procedures for land ownership registration, but for permits toallocate land, it is still held by the Batam Entrepreneurs Agency, abbreviated as BP Batam. InBatam City, the provision of KSB is actually given to residents due to various things. To get KSBthe community needs to fulfill the procedure first. This is what makes the writer interested intaking the title of Juridical Review of Ready-to-Build Courts in Batam City. The purpose of thispaper is to find out that the Ready-to-Build plot can be owned by land users (general public) inBatam City. The legal research method used in this study is normative legal research. Normativeresearch in it is also permitted to use scientific analysis of other sciences (including empiricalscience) to explain the legal facts examined by scientific work and juridical thinking (dankenjuridical). Retrieval Data used is by using secondary data, where documentation and recordingtechniques are through the file system. The Research Result for Ready-to-Build Plots in BatamCity may be owned by individuals, but the provision of KSB can be given to the community.People who get it while the people who get the plot still have not built a plot even though theprovisions in the temporary agreement agreed upon by the applicant with the BatamEntrepreneurial Agency the applicant must immediately build a building on the land.

PROFITABILITY ANALYSIS OF TERUBUK FARMING (SACCHARUM EDULE HASSKARL) IN SUBDISTRICT TOSA DISTRICT OF EAST TIDORE OF TIDORE ISLAND

2018 ◽  
Author(s):  
Suwandi S. Sangadji
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Quantitative Method ◽  
Secondary Data ◽  
Primary Data ◽  
Profitability Analysis ◽  
Sample Method ◽  
Document Review ◽  
Revenue Production

The purpose of this researchment is to ascertain how wide the farming of species Saccharun Edule Hasskarl (terubuk) in sub district Tosa, district of East Tidore of Tidore Island through the indicator of the value revenue, production and selling prices so that the farmers will achieve The Break Event Point (BEP). The research method was used a quantitative method with the number of samples of 30 people. The determination of the sample method is using the census method or involving all members of the population into a sample of researchment. The secondary data collection was done by using library literature in the form of document review and relevant references to research object while primary data collection was done by using questionnaire. The data is using equation R /C Ratio, BEP Revenue, BEP Price, and BEP Production. Therefore from the results of the researchment it can be explained that the two of the thirty farmers come through the break event point, while the other twenty-eight farmers declared having a business that worth to be develop or experiencing profit, because the R/C ratio is above 1.0 with average profit reach Rp. 989.000, - per production / farmer.

PENYELESAIAN GANTI RUGI AKIBAT SENGKETA PENGUASAAN HAK ATAS TANAH SECARA MELAWAN HUKUM (Tinjauan Beberapa Kasus di Pengadilan Negeri Surakarta)

2019 ◽  
Vol 7 (1) ◽  
pp. 68
Author(s):  
Ananda Dwinanti Kinasih , ◽  
M. Hudi Asrori S ,
Keyword(s):  
Data Collection ◽  
Civil Law ◽  
Secondary Data ◽  
Land Rights ◽  
The State ◽  
Primary Data ◽  
State Court ◽  
Legal Research ◽  
Analytical Technique ◽  
Legal Force

<p>Abstract<br />This article aims for reviewing how the settlement of compensation as the consequences of the tenure <br />of land rights unlawfully in civil law Surakarta state court verdict number 106/pdt.g/2017/PN.SKT and <br />number 103/pdt.G/2006/PN.SKT where the court’s decision has a permanent legal force. This research is <br />a juridical normative legal research. The location of this research at Notary Office and PPAT Adib Sujarwadi <br />and the State Court Surakarta Class 1A Specific. Kinds and the sources of data in this research are <br />consist of primary data and secondary data. The technique of data collection through interview and library <br />study. The analytical technique used by the author is by the method of syllogism that uses the deduction <br />mindset. Regarding the settlement of compensation due to unlawful tenure of land rights is a compensatory <br />damages, in the form of payment to the victim amounting to a loss that is actually experienced. Based on <br />the decision of the Panel of Judges. Regarding the non-granting of immaterial compensation because <br />the Plaintiff does not attach the appropriate evidence. After the verdict is declared incracht, outside the <br />court, the Defendant and the Plaintiff may hold deliberations to determine the amount of the indemnity or <br />the Plaintiff waived the indemnity obligation, but the Defendant must leave the land of the object of the <br />dispute voluntarily. In the case of still occupy it will be executed by the bailiff from the Court.<br />Keywords: Compensation; Tort; Tenure Of Land Rights.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji bagaimana penyelesaian ganti rugi akibat penguasaan hak atas <br />tanah secara melawan hukum pada perkara perdata Putusan Pengadilan Negeri Surakarta Nomor 106/<br />Pdt.G/2017/PN SKT dan Nomor 103/Pdt.G/2006/PN SKT, dimana putusan pengadilan tersebut telah <br />berkekuatan hukum tetap. Penelitian ini merupakan penelitian hukum normatif yuridis. Lokasi penelitian <br />yaitu di Kantor Notaris dan PPAT Adib Sujarwadi dan Pengadilan Negeri Surakarta Kelas IA Khusus. Jenis <br />dan sumber data penelitian ini meliputi data primer dan data sekunder. Teknik pengumpulan data melalui <br />wawancara dan studi kepustakaan. Teknik analisis yang digunakan oleh penulis adalah dengan metode <br />silogisme yang menggunakan pola pikir deduksi. Penyelesaian ganti rugi akibat penguasaan hak atas <br />tanah secara melawan hukum yaitu dengan ganti rugi kompensasi, berupa pembayaran kepada korban <br />sebesar kerugian yang benar-benar dialami. Berdasarkan keputusan Majelis Hakim. Mengenai tidak <br />dikabulkannya ganti rugi immateriil dikarenakan Penggugat tidak melampirkan bukti-bukti yang sesuai. <br />Setelah putusan dinyatakan incraht, di luar pengadilan, Tergugat dan Penggugat dapat mengadakan <br />musyawarah untuk menentukan jumlah ganti rugi atau Penggugat membebaskan kewajiban pembayaran <br />ganti rugi, namun Tergugat harus meninggalkan tanah obyek sengketa secara sukarela. Dalam hal masih <br />tetap menempati maka akan dilakukan eksekusi oleh juru sita dari Pengadilan.<br />Kata Kunci : Ganti Kerugian; Perbuatan Melawan Hukum; Penguasaan Hak Atas Tanah.</p>

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 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.  

scholarly journals Implementation of Immigration Supervision Refugees at Community House In Under Control Supervision of Immigration Detention House Jakarta

2019 ◽  
Vol 1 (1) ◽  
pp. 13-33
Author(s):  
Asto Yudho Kartiko ◽  
Jennifer Cecilia Telaumbanua ◽  
Tsaltsa Syah Putri
Keyword(s):  
Data Collection ◽  
Special Needs ◽  
Research Method ◽  
Government Regulation ◽  
Secondary Data ◽  
Health Condition ◽  
Poor Health ◽  
Immigration Detention ◽  
Legal Norms ◽  
Immigration Control

Indonesia is one of the countries that has not ratified the 1951 Convention on refugees but that does not prohibit refugees from coming and getting protection in Indonesia because based on the prevailing constitution, Indonesia has the responsibility to handle refugees and carry out immigration control over them. With the existence of Government Regulation Number 125 of 2016 concerning Handling of Refugees from Abroad, immigration plays a role in collecting data, placing, monitoring, and returning refugees to their home countries or third countries. Supervision is an important action taken in dealing with refugees while in Indonesia. Refugees who have received approval from UNHCR and have special needs will be placed in the Community House. The formulation of the problem in this study is how to implement immigration control for refugees in the Jakarta Community House and what obstacles are found in conducting surveillance. The purpose of this research is to find out how the implementation of immigration control carried out on refugees in Community House Jakarta. The research method used is normative empiris, using primary and secondary data, studying and evaluating phenomena about refugees and legal norms related to refugees and immigration control obtained from literature and law, then analyzed to get conclusions. So it can be explained that the implementation of immigration control of refugees at the Jakarta Community House is carried out by means of attendance and data collection on refugee identification cards and stamps and signatures of Jakarta Rudenim officers. The obstacle to monitoring at the Community House is that there is still conflict between the refugees and the refugee's poor health condition.  

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