Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial

Journal Information
ISSN / EISSN : 2541-4682 / 2614-5642
Published by: Universitas Islam Negeri Ar-Raniry (10.22373)
Total articles ≅ 52
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Musrafiyan Musrafiyan, Mutiara Fahmi, Zahlul Pasha Karim
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 179-193; https://doi.org/10.22373/justisia.v6i2.11536

Abstract:
The existence of local political parties is one of the special powers for Aceh and Papua Provinces. Unlike Aceh, the rules regarding local political parties in Papua are not clearly stated in Law no. 21 of 2001 concerning Special Autonomy for Papua Province. This paper attempts to analyze the comparison between Law Number 11 of 2006 concerning the Government of Aceh and Law Number 21 of 2001 on Special Autonomy for the Province of Papua regarding local political parties, and the consequences for Aceh and Papua of differences in local political party arrangements. The method that the author uses is library research with a law approach and a sociological approach. The results of the research show that the Aceh special autonomy law contains 20 articles concerning the formation of local political parties. Furthermore, the existence of local political parties in Aceh can be seen in the participation of some of these parties in the 2009 2014 and 2019 general elections. While Article 28 of the Papua Special Autonomy Law which accommodates political parties does not have permanent legal force to be further interpreted as local political parties. it is also not applicable because it is not equipped with government regulations regarding the formation of local political parties in Papua. Even the Constitutional Court through its decision Number 41/PUU-XVII/2019 rejected the judicial review of Article 28 of the Papua Special Autonomy Law.
M. Syuib, Sarah Diana Aulia
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 217-234; https://doi.org/10.22373/justisia.v6i2.11538

Abstract:
In order to guarantee legal certainty for land rights holders, the Government is conducting land registration program throughout Indonesia territory. The program has put an obligation to the land rights holder to register their land. The purpose of land registration is, to provide evidence for the ownership of land. The implementation mechanism of the program in regulated in the Permen ATR/BPN Number 6 of 2018 concerning Complete Systematic Land Registration (PTSL). The presence of the Permen is, in order to prevent land disputes in the community by accelerating land registration. Sub-district of Ingin Jaya, which is located in the Aceh Besar district, is one of the areas where PTSL activities are carried out. Currently, there is a large area of land in the Aceh Besar district has not been certified yet, it may cause legal uncertainty for land owner and such condition can potentially lead to land dispute. One of the indicators to claim this, are by taking land dispute cases as put on trial in the Jantho Court which has reached 32 cases from 2014 until 2019. This study aims to find out how the implementation of PTSL and its barrier in the Sub-District of Ingin Jaya, Aceh Besar. The research method is an empirical juridical research; it works by conducting observations, interviews, and documentation. The result found that the implementation of PTSL in the Sub-District of Ingin Jaya, Aceh Besar, is in accordance with Permen ATR/BPN No. 6 of 2018. However, in the ground, it is found that there are a number of obstacles which affect the successful of the PTSL program both internally and externally. Therefore, synergy and cooperation with all parties are needed so that the PTSL program in the Sub-District of Ingin Jaya can be implemented successfully in order to provide legal certainty for land rights holders, so that the land dispute can be prevented as early as possible.
Riza Afrian Mustaqim
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 194-216; https://doi.org/10.22373/justisia.v6i2.11537

Abstract:
Qibla direction calibration is something that is very urgent in order to achieve accuracy and accuracy in facing the Qibla. Technological developments in the industrial era 4.0 require the use of technology that is easier to carry out the calibration process. Google earth which displays a virtual image of the actual earth can be an alternative in fulfilling this. This study provides a detailed description of the use of Google Earth as a Qibla direction calibrator. The method used in this research is descriptive analytical with a scientific approach. The results of this study indicate that google earth can be used as an alternative to calibrate the Qibla direction. By knowing in detail the latitude and longitude coordinates where Google Earth can determine the Qibla direction by using the measure distance and area feature (measuring distance and area) drawn straight to the Kaaba position. With regard to accuracy, as long as the location can show the updated position on Google Earth, it will be easier to calibrate, with fairly accurate results.
Rispalman Rispalman, Mukhlizar Mukhlizar
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 235-265; https://doi.org/10.22373/justisia.v6i2.11539

Abstract:
Political rights is one of basic human rights include disabled person. Disabled person political rights problem often occur in general election. This was related to accessibility for disabled person to participate in general election. Komisi Independen Pemilihan (KIP) Banda Aceh city is general election organizer which responsible for general election process in Banda Aceh city. this research illustrate Komisi independen pemilihan effort and constraint to fulfil accessibility for disabled person in general election. Field research with empiric law research from human behaviour method used in this study. Generally various attempts to give accessibility for disabled person such as special data collection access for disabled person, socialization about election and voting place for disabled person provided KIP Banda Aceh city. Problem in acess such as difficulty in disabled person data collection still found.
Fawwaz Fawwaz, Mumtazinur Mumtazinur
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 139-157; https://doi.org/10.22373/justisia.v6i2.11534

Abstract:
The shelter for Rohingya refugees who were declared officially as refugees was initially rejected by the Lhokseumawe City Government, but pressure from the community made the Government finally accept the arrival of Rohingya refugees, this acceptance demanded the Lhokseumawe City Government to implement Presidential Regulation No. The formulation of the problem is first, how the form of handling given to Rohingya refugees in Lhokseumawe is reviewed according to Presidential Decree No. 125 of 2016. Second, how is the form of handling Rohingya refugees in Lhokseumawe reviewed according to fiqh siyasah. This study uses an empirical normative legal approach, using field research and library research, namely examining written law as well as facts in the field using descriptive analytical patterns to describe or provide an overview of the object under study through data or samples collected. have been collected by drawing conclusions. From the results of the study, it was found that the handling of refugees has been carried out by the Lhokseumawe City Government, namely in the form of rescue, security, shelter, and health checks for refugees, and if viewed from the fiqh siyasah their rights have also been fulfilled, especially the right to protect life, safeguard property. , worship, and a decent place to live. So it can be concluded that the handling of Rohingya refugees is in accordance with Presidential Regulation No. 125 of 2016 and fiqh siyasa through the fulfillment of the rights of refugees by saving lives and providing shelter for Rohingya refugees.
Andrew Shandy Utama
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 113-126; https://doi.org/10.22373/justisia.v6i2.11532

Abstract:
Technological developments make the world borderless. The development of information and communication technology has touched the banking sector. Based on the operational system, the types of banks can be divided into conventional banks and Islamic banks. This study aims to explain the digitalization of conventional bank products and Islamic banks in Indonesia. The method used in this research is normative legal research. The development of information and communication technology has touched the banking sector. As one of the efforts to increase bank capability, more optimal utilization of information technology development is a prerequisite in supporting bank service innovation. Therefore, digital banking is a very potential business opportunity and an inevitable necessity in the banking sector in the digital era. In addition to increasing the efficiency of bank operational activities, digital banking can improve the service quality of conventional banks and Islamic banks to customers in transactions. The Financial Services Authority of the Republic of Indonesia then issued Financial Services Authority Regulation Number 12/POJK.03/2018 concerning the Implementation of Digital Banking Services by Commercial Banks. There are forms of e-Banking services that can be used at conventional banks and Islamic banks, namely ATM (Automated Teller Machine), EDC (Electronic Data Capture), internet banking, SMS banking, mobile banking, e-Commerce, phone banking, and video. banking
Itmaamul Wafaa Samudra
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 158-178; https://doi.org/10.22373/justisia.v6i2.11535

Abstract:
Collaborate with third parties between the Nusakambangan Open Prison and PT Noerman in the form of implementing the Community Based Correction concept in order to prepare social reintegration as mandated by PERMENKUMHAM No. 3 of 2018 concerning Conditions and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Conditional Release, Leave Prior to Release, and Conditional Leave with reference to the 5 (five) principles put forward by P. Corney, namely the availability of employment opportunities, the existence of selection, not being exploited, minimum security, and responsibility for the transfer of Prisoner. This research was conducted to see the extent of the cooperation of third parties in implementing the concept of Community Based Correction in order to prepare towards social reintegration. The results of this study a comprehensive coaching and mentoring process because of the Terms of Reference (KAK) agreed upon by the Open Prison with PT Noerman which is stated in Number: PAS-19. HH 05.05 of 2019, Number: 01/PTNJA/PKS/IV/2019 of 2019 the Independence Development Program for correctional Prisoner in the field of Aquaculture Industry. This research was conducted using juridical-empirical research methods. This method is a research method that examines the applicable legal provisions and what happens in actual reality to find facts that are used as research data, which are then analyzed to identify problems and ultimately to solve problems. The approach used is a mixed approach between the rule of law and case studies.
Ayu Putri Rainah Petung Banjaransari
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 127-138; https://doi.org/10.22373/justisia.v6i2.11533

Abstract:
The plan to impose a value added tax (hereinafter referred to as VAT) on basic commodities has recently caused a polemic between the government and the community regarding justice and public welfare. The community is questioning the implementation of a just and civilized welfare from the government for the imposition of the VAT. Previously, on basic commodities, the government did not charge any kind of tax at all. The imposition of this tax is motivated by the economic recovery during the COVID-19 pandemic, Indonesia's VAT rate is too low, and the structure of state revenue is dominated by VAT. This paper aims to provide an analysis of the relationship between the imposition of VAT on staple goods and their impact on the level of community justice. The method used in this paper is a qualitative research method with a normative-juridical approach which is carried out through a literature study. This paper describes the findings related to the reasons for the government to charge VAT on basic necessities and the protection of the community's right to justice on the imposition of VAT. This finding can provide an overview for the continuation of the revision of the draft Law Number 6 of 1983 concerning General Provisions and Tax Procedures (hereinafter referred to as the KUP Bill) which contains revisions on basic materials as objects of VAT.
Khalid Dahlan, Anna Erliyana Chandra
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 10-25; https://doi.org/10.22373/justisia.v6i1.10609

Abstract:
Efforts to encourage the implementation of proper governments are continually done in each country, including one of them in the Republic of Indonesia. A decent government can be realized if it is followed by government decisions that are responsive to the needs and interests of the community. The decision of the state administration officials in the effort to realize a proper government must be based on the general principles of good governance, especially those that have been mentioned in Act. No. 30 of 2014 concerning Government Administration. In term of realizing a proper government, it not only becomes the duty of the state administration officials through the decisions formed, but also the involvement of the community as the plaintiff for any government decision that feels disadvantaged and the state administrative court as an institution that examines and decides disputes between the community and the government by continuing to refer the laws and general principles of a good government is part of realizing a good governance.
Aulil Amri, Muhadi Khalidi
Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial, Volume 6, pp 85-101; https://doi.org/10.22373/justisia.v6i1.10613

Abstract:
Legal certainty and firmness must exist in a law or regulation. Because without legal certainty, the rights of legal subjects will be taken away and neglected. Likewise, without strictness in the law, it will make legal subjects feel worried and insecure because they feel that the law does not provide protection for them. Law Number 16 Year 2019 concerning Amendments to Law Number 1 Year 1974 is deemed not to have legal certainty and firmness, because the stipulation of the age limit for marriage in this law only considers and is based on Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 Concerning Child Protection. Furthermore, Law Number 16 Year 2019 still provides an opportunity for the Indonesian people to carry out child marriage. Law Number 16 Year 2019 must look at various other legal aspects and have clear legal consequences, so a comprehensive revision of this law is required. Even if possible, Law Number 1 Year 1974 must be reviewed and adjusted to the current and future legal problems. By applying the concept of benefit and rejecting harm in a law or regulation, the objectives of the law or regulation will be achieved and become effective.
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