Al-Mizan (e-Journal)

Disparitas Pemidanaan dalam Tindak Pidana Korupsi yang Mengakibatkan Kerugian Keuangan Negara

Muhammad Indra Jaya — 2024-03-10

This study aims to analyze legal factors and factors of law enforcement officials that influence the disparity in sentencing for corruption which results in state losses. The type of research used is empirical normative legal research. The results of the study show that (1) the legal factor in the presence of disparity decisions regarding corruption crimes has not been optimal because the minimum criminal sanctions in the corruption law cause disparity in sentencing which is quite disturbing due to the non-uniformity in the provision of minimum sentences for similar offenses. (2) the factor of law enforcement officials as the cause of the disparity in sentencing of corruption case decisions is very clearly seen and felt to be very unfair to each other, there is no clear guideline regarding the prevention of disparity in corruption criminal rulings so law enforcement officers exercise their power to decide similar offenses the pretext of the judicial power law.

Senjata Api sebagai Mas Kawin Pada Masyarakat Adat di Pegunungan Arfak Papua Barat

Decyana Caprina — 2024-03-10

This study aims to analyze the validity of firearms as dowry and the legal consequences arising from the existence of Papuan customary law in the Arfak Mountains of West Papua. This research is a normative-empirical research with a statutory approach and a legal sociology approach. The types and sources of law used in this research are primary data sourced from observation, interviews, and documentation, as well as secondary data derived from literature. Furthermore, the collected data is analyzed with qualitative description. The results showed that: (1) the validity or legality of firearms as a dowry does not apply to the marriage of the mountain people of the Arfak tribe. This is because firearms can only be owned by law enforcement officers and security forces who have permission to use firearms; (2) the legal consequences of the enactment of Arfak tribal customs regarding the provision of firearms as dowry are considered valid because firearms are only a symbol in the customs of indigenous tribes and are considered to have historical values that have been passed down from generation to generation, and are not an aspect that cancels a marriage.

Perlindungan Terhadap Anak Penyandang Disabilitas Pasca Putusan Perceraian Orang Tua di Kabupaten Kolaka

Ramlia Ramlia — 2024-03-10

This study aims to analyse the form of protection for children with disabilities after parental divorce and the role of the government in providing protection for children with disabilities after parental divorce. This research is empirical juridical in nature with data collection techniques derived from library research and field research. The results of this study indicate that: (1) the form of protection of children with disabilities after divorce decisions in Kolaka Regency is based on the rights of children with disabilities contained in Law Number 1 of 1974 concerning Marriage and Law Number 8 of 2016 concerning Persons with Disabilities, but has not been implemented optimally in accordance with the legislation; (2) The role of the Kolaka Regency government has not been optimal in carrying out its mandate based on Kolaka Regency Regional Regulation Number 3 of 2016 concerning the Implementation of Child Protection.

Penegakan Hukum Terhadap Tindak Pidana Pencurian Hasil Hutan Bukan Kayu (Getah Pinus) di Kabupaten Tana Toraja

Duwisno Ipang Tandilese — 2024-03-10

This study aims to analyze law enforcement against theft of non-timber forest products (pine resin) in Tana Toraja and inhibiting factors in law enforcement. This research is normative-empirical research using a statutory approach, conceptual approach, and sociological enforcement with data sources in the form of observations, documentation, and interviews with the police, prosecutors, and judges who handle the case. The results of this study indicate that law enforcement against the crime of theft of forest products in Tana Toraja Regency substantially uses Law Number 41 of 1999 concerning Forestry, but structurally, law enforcers are still less effective in handling it. While the inhibiting factors affecting law enforcement, namely structurally, the police are still less effective in acting according to the mandate of the law, there are still unscrupulous officials who intervene in the taking of pine resin; and related facilities or facilities are not adequate in supporting the implementation of law enforcement against the crime of pine resin theft.

Pemahaman Moderasi Beragama dalam Keluarga Melalui Pendidikan Kursus Pranikah di Desa Rumpin

Fitriyani Fitriyani — 2024-03-13

This research aims to provide an understanding of religious moderation to prospective brides through premarital courses in Rumpin Village with a research focus on the internalisation of religious moderation values to prospective brides through educational activities, premarital counseling, and understanding of Islamic teachings in the family environment in order to form a family that is appeasement (sakinah), love (mawaddah), affection (warahmah) and has moderate religious insight. This research is a field research with a sociological approach. Data collection techniques using documentation and observation, then analysed descriptively qualitative. The results showed that bridge-to-be in Rumpin Village in the premarital education held at the Religious Affairs Office were given religious knowledge material on how to settle down through moderate perspectives and attitudes. Moreover, the premarital education course is a programme of the Ministry of Religious Affairs which is carried out before the marriage contract is held. Islamic teachings remind us of the importance of knowledge in marriage.

Konstitusionalitas Penundaan Pemilihan Umum di Indonesia

Andi Muh. Rizki AD — 2024-05-04

General elections as a means of popular sovereignty have been explicitly described in legislation. This paper examines the postponement of general elections by the President through Presidential Regulation in Lieu of Law. The writing is done by using descriptive normative legal research method that uses some primary materials and secondary data supported by tertiary legal materials and analysed qualitatively. In addition, the research method used is a comparative approach to several countries that regulate and have postponed elections in their countries. Based on the results of this research, it is known that if the postponement of general elections is carried out at this time by the State of Indonesia, then it is irrelevant and contrary to constitutional democracy. This is because constitutional democracy emphasises the sovereignty of the people based on the constitution. In addition, the norms in the current Indonesian constitution do not provide an opportunity to postpone elections. If there is still a postponement of general elections without changing the constitution, it is clearly contrary to constitutional democracy.

Penegakan Hukum Terhadap Anak Sebagai Korban Praktik Eksploitasi Seksual di Kota Makassar

Irma Wati Ningsih — 2024-05-06

This study aims to evaluate and find forms of legal protection and factors that affect law enforcement against children as victims of sexual exploitation practices in Makassar City. This research is empirical legal research using a statutory approach. Data were analyzed using descriptive qualitative analysis. The results of this study indicate that: (1) the form of legal protection against children follows Law Number 35 of 2014 concerning Child Protection which provides children's rights in the form of legal assistance, rehabilitation, and prevention; (2) Factors affecting law enforcement against child victims of sexual exploitation practices in Gorontalo City are legal substance factors, law enforcers, facilities, society, and legal culture. All of them have not been run optimally by the laws and regulations.

Problematika Pelaksanaan Eksekusi Perkara Perdata di Pengadilan Agama se-Tana Luwu

Anita Marwing — 2024-05-07

This study aims to analyze the implementation of the execution of civil cases in the Religious Courts in Tana Luwu and the problems of its implementation, then provide solutions to the implementation of the execution of civil cases in the Religious Courts in Tana Luwu. This research is descriptive qualitative research. The results showed that: (1) Religious Courts in Tana Luwu have carried out executions based on incoming requests, but the number of requests for execution is very small, namely requests for execution of joint property cases as many as 7 cases and inheritance cases as many as 2 cases; (2) The inhibiting factors in the implementation of executions in Religious Courts in Tana Luwu, including Legal or regulatory problems, high case costs, lack of quantity and quality of human resources of the Religious Courts, and lack of public legal awareness; (3) Solutions offered in dealing with obstacles to the implementation of execution, namely: It is necessary to make a regulation of execution in the form of a guidebook to be used as a guideline in the implementation of execution, suspend the cost of execution, improve the quality of human resources of the judicial apparatus in the form of education and training.

Penegakan Hukum Terhadap Pelaku Pengrusakan Objek Wisata Ke’te’ Kesu’ Toraja Utara

Yogistry Pakita Salamba — 2024-05-09

This study aims to analyze the enforcement of sanctions against perpetrators of the destruction of tourist objects in Ke'te' Kesu' North Toraja. This research uses empirical legal research methods with a statutory approach. The results of this study indicate that the enforcement of sanctions against the perpetrators of the destruction of tourist objects in Ke'te' Kesu' North Toraja is still less effective and the case has not been followed up, despite having a Regional Regulation of North Toraja Regency Number 7 of 2016. There are several obstacles faced in the application of sanctions in law enforcement against perpetrators of destruction of tourist objects due to, among others: (1) the civil service police unit can’t apply criminal sanctions because it does not have an agreement from the Police, Prosecutor's Office, and the Court; (2) the budget is slow or even non-existent so that the civil service police unit can’t move in guarding every tourist who enters North Toraja, and (3) the lack of personnel of the civil service police unit, so that it does not reach every violation of the destruction of Ke'te Kesu' Toraja Utara tourist objects.

Dialektika Living Qur’an dalam Manajemen Pengelolaan Zakat Pada Baznas (Bazis) DKI Jakarta

Yasdar Yasdar — 2024-05-25

This article aims to analyze the dialectics of living Qur'an in the management of zakat at the National Amil Zakat Agency (Baznas) or Zakat Infaq dan Shadaqah Agency (Bazis) Special Capital Region (DKI) Jakarta. This research is field research with a living Qur’an approach and is analyzed descriptively and qualitatively. The results show that the dialectic of living Qur'an produces a comprehensive solution by presenting a re-reading of zakat management that is adjusted to contemporary zakat management. The dialectic of living qur'an in zakat management at Baznas (Bazis) DKI Jakarta is carried out in various forms and models consisting of comprehensive management including poverty reduction, evaluation and relevance and transformation of zakat management which includes comprehensive-contemporary management, digitalization of zakat, diversification of programs and living qur'an-based zakat management solutions.

Tinjauan Hukum Terhadap Kerjasama Internasional dalam Pembayaran Lintas Negara Berbasis Kode Quick Response

Nova Septiani Tomayahu — 2024-06-30

This study aims to analyze the law relating to the use of digitalization in cross-border payment transaction activities using a Quick Response (QR) code. The research method used is a normative juridical research method that takes and processes primary data sources in the form of Bank Indonesia regulations related to the implementation of the Quick Response Code Indonesian Standard (QRIS). The result of this research is that payment transactions using QR codes have been given a legal umbrella and even encourage the public (users) and sellers (merchants) to use them based on Board of Governors Member Regulation Number 21/18/PADG/2019 concerning the Implementation of the Quick Response Code National Standard. The use of QRIS in Indonesia is performed by scanning, which can be performed in two ways: with Merchant Presented Mode (MPM) and Customer Presented Mode (CPM). The enactment of provisions on the implementation of QRIS that can be used in payment transactions outside the territory of Indonesia is also closely related to PBI No.23/7/PBI/2021, concerning Payment System Infrastructure Operators. International cooperation for cross-border payments based on QR codes implemented by Bank Indonesia is the interconnection of payment transactions at merchants between Indonesia (QRIS) and Thailand (Thai QR Codes), and international cooperation between Indonesia (QRIS) and Malaysia (DuitNow QR Code). The institution in charge of processing payment transaction data domestically for the interconnection and interoperability of international cooperation is a switching institution.

Pertimbangan Hakim Pengadilan Agama Parepare Dalam Perkara Perceraian Aparatur Sipil Negara Tanpa Surat Izin Atasan Perspektif Teori Maslahah

Mir'ah Thania — 2024-06-30

Government Regulation Number 45 of 1990 concerning Marriage and Divorce Permits for Civil Servants in article 3 stipulated that all civil servants intending to divorce had to have prior permission from their superiors or a letter of recommendation from a relevant official. This administrative requirement was mandatory, allowing the judge to consider and decide on divorce cases involving civil servants. This research employed field research with an empirical juridical approach, which was conducted directly to understand the real issues and was then linked to applicable laws, the legal certainty theory, and the maslahah theory (maintaining the objectives of shari'a and achieving benefits/avoiding harms). The research findings concluded that: 1) the divorce requirements in the maslahah theory aimed to reduce the divorce rate among civil servants. Superiors or authorized officials had the right to guide employees to try to preserve their marriages; 2) the Parepare Religious Court granted six months to obtain permission from superiors. If, by the specified deadline, the individual did not have this permission and still wished to divorce, they were required to submit a statement willing to bear the consequences of divorce without the superior's permission. The related consequences were outlined in Government Regulation Number 94 of 2021 on Civil Servant Discipline; 3) there was a connection between the judge's consideration and the maslahah theory. In addition to considering the applicable laws, the judge also took into account aspects of maslahah when making decisions. The maslahah obtained from a formal divorce in the Religious Court included legal certainty and justice in the judge's divorce decree.