Syiah Kuala Law Journal

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ISSN / EISSN : 2549-1741 / 2580-9059
Total articles ≅ 160
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Bakti Bakti, Muhammad Saleh
Syiah Kuala Law Journal, Volume 5, pp 367-379; https://doi.org/10.24815/sklj.v5i3.22967

Abstract:
This paper is intended to understand the description and characteristics of legal research produced by law faculty students and developed by law scientists and researchers at Syiah Kuala University as a sample case. Does the description of the research results of legal researchers, including students and legal scientists, follow the characteristics and legal paradigms that tend to be classical or have they led to the development of contemporary legal theories.
Taqdirullah Taqdirullah, Syarifuddin Hasyim, M. Adli
Syiah Kuala Law Journal, Volume 5, pp 345-356; https://doi.org/10.24815/sklj.v5i3.24298

Abstract:
This research aims to analyze election violations committed by election organizers in Aceh Besar Regency in 2019. The violation of this election occurred at several points in the sub-district of aceh regency, where the violation of the law is contained in the administration of the election file and also in the part of the organizer that is the election implementation team. This is one of the indicators in this study. Using empirical juridical research methods and qualitative data analysis, the study found that there were only 5 (five) unlawful actions in aceh besar district elections, among which there were un registerable reports, muted reports and follow-up reports to the Jantho District Court. It is recommended to the government, Bawaslu, Panwaslih to conduct more checking or control and also full supervision on a scale to minimize the on-the-process election violations in Aceh Besar Regency in particular as well as other districts.
Isfandika Isfandika, Mohd. Din, Iman Jauhari
Syiah Kuala Law Journal, Volume 5, pp 317-328; https://doi.org/10.24815/sklj.v5i3.24185

Abstract:
Law Number 5 of 2014 concerning State Civil Apparatus stipulates that Civil Servants (PNS) who are detained because they are designated as criminal suspects are temporarily dismissed as PNS, but Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) only requires that a copy of the warrant for further detention or detention or a judge's decision be given to the family of the suspect. This study aims to determine and explain the impact of the absence of provisions in the Criminal Procedure Code regarding copies of detention orders to the Civil Service Supervisory Officer on the temporary dismissal of Civil Servants who are detained because they are designated as suspects. The approach method used in this research is normative juridical. The results of this study indicate that the absence of provisions in the Criminal Procedure Code regarding copies of detention warrants to Civil Service Supervisors related to Civil Servants who are detained because they are designated as suspects causes the issuance of Temporary Dismissal Decrees is often late.
Andika Pramudita, R. Ismala Dewi
Syiah Kuala Law Journal, Volume 5, pp 283-292; https://doi.org/10.24815/sklj.v5i3.23321

Abstract:
A grant is a free agreement in the form of giving part of the property to another person which cannot be withdrawn. Irrevocability is not an absolute provision because Article 1688 of the Civil Code regulates the conditions for withdrawing grants. However, the fact is that the withdrawal of the grant was given without heeding the provisions of the article. As a result, the withdrawal of grants that does not heed Article 1688 of the Civil Code will result in losses for the grantee and fall into the category of unlawful acts. The purpose of this study was to examine the cancellation of the grant granted by the judge in the decision no. 156/Pdt.G/2017/PN.Tjk with the Civil Code and analyze unlawful acts originating from the cancellation of grants that harm the grantee. To achieve this goal, the author uses a juridical-normative research method based on secondary data. Based on the research results the authors conclude that the cancellation of the grant in decision no. 156/Pdt.G/2017/PN.Tjk did not heed the provisions of Article 1688 of the Civil Code and as a result of the cancellation of the grant which harmed the grantee as compensation for fulfilling elements of an unlawful act in Article 1365 of the Civil Code.
Muhammad Irvan Hidayana, İlyas Ismail, Muazzin Muazzin
Syiah Kuala Law Journal, Volume 5, pp 357-366; https://doi.org/10.24815/sklj.v5i3.24299

Abstract:
The auction lawsuit arises when there is dissatisfaction with the debtor where the claim before the auction is intended by the plaintiff to delay the auction and the lawsuit after the auction has very diverse motives that cause it. The type of research used is normative legal research with analytical approach and legislation approach. (statute approach). Data processing is carried out in a systematic way on written legal materials. The purpose of this study is to explain the causes and explain the legal protection for debtors as well as the legal consequences for delaying the implementation of the mortgage execution auction. The results of this study indicate that there is a loss experienced by the debtor for setting a low limit value in the implementation of the mortgage execution auction which is carried out by the KPKNL as the Auction Body. Every limit price determination is required to use or use an appraisal service in accordance with Article 36 number 93/PMK/2010 concerning Auction Implementation Guidelines. There are objections to the low auction limit value, the debtor files a lawsuit to the court to postpone the auction, so if the court has given a decision that has permanent legal force stating the auction being held is invalid and null and void.
Irfan Abdul Hamid, M. Adli, İlyas Yunus
Syiah Kuala Law Journal, Volume 5, pp 293-304; https://doi.org/10.24815/sklj.v5i3.24177

Abstract:
This research was conducted to observe the Islamic scholars’ perception on last wills and die. Then for the group of Islamic scholars, who disagree giving legacy to adopted children, stated that the last will and testament in Islamic testaments for adopted children by using normative and empirical juridical methods. The results showed that the ‘ulama’ (islamic scholars) who stated the giving mandatory will to the adopted children do not contradict Islamic Law. This is justified in order to save them from unattended lives if the heir or parents jurisprudence is not solely for adopted children. In fact, wills and testament in Islamic Law distribute other than inheritance. The providing legacy to an adopted child is carried out because it relies on the principle of ‘mashlahah mursalah’ (something benefits other) which is to anticipate the ignorance to adopted child after his adoptive parent dies
Nurhafifah Nurhafifah, Teuku Irvan Riyadi
Syiah Kuala Law Journal, Volume 5, pp 305-316; https://doi.org/10.24815/sklj.v5i3.23278

Abstract:
The Decree of the Minister of Law and Human Rights Number M.HH-19.PK.01.04.04 of 2020 concerning the Release and Release of Prisoners and Children Through Assimilation and Integration in the Context of Prevention and Control of the Spread of Covid-19 stated that the provision of assimilation was given to reduce the prevention of Covid-19 However, in the implementation of the assimilation of prisoners at the Class IIA prison in Banda Aceh, it is still not running optimally due to increasing public concerns and unrest amid economic difficulties as a result of the Covid-19 pandemic. In an effort to provide assimilation of inmates with the Assessment and Supervision system of officers to assimilation prisoners at the Class IIA Banda Aceh Prison, the prisoners must behave well, as evidenced by not undergoing disciplinary punishment within the last 6 months.
Cut Firna Salsalia, Rizanizarli Rizanizarli
Syiah Kuala Law Journal, Volume 5, pp 271-282; https://doi.org/10.24815/sklj.v5i3.23353

Abstract:
This research aims to analyse the legal protection for the child offenders in criminal offence of abuse with a fatal outcome, the judge's considerations in imposing imprisonment for the offence and the obstacles in the crime. Data obtained through empirical legal research. This research uses primary data obtained from empirical legal research in the form of interviews with respondents and informants and combines legal materials such as textbooks, theories, laws and regulations which are considered as secondary data. The results of the research showed that the legal protection provided to the child convicts is in the form of identity confidentiality, is treated well during the investigation process, is placed in a special place, the Judges in making considerations always refer to the mitigating factors such as the juvenile's age, the juvenile's mental state, the juvenile's background, the juvenile's family attitude and aggravating things such as a bad juvenile's life history and parents who are unable to educate them.. The things that indirectly hinder the process of settling this case are the parents negligence, lack of cooperation from both parties, and also the influence of gadgets. It is recommended to the law enforcement officers and Juvenile’s Special Development Institute should continue to cooperate in carrying out legal protection for child perpetrators according to applicable rules, the judge before imposing a prison sentence should prioritize the best interests of the child and to parents should contributing better in control the children's behavior.
Sunarmi Sunarmi, Detania Sukarja, Tri Murti Lubis
Syiah Kuala Law Journal, Volume 5, pp 329-344; https://doi.org/10.24815/sklj.v5i3.23347

Abstract:
The state's privilege right to tax receivables in bankruptcy cases is regulated differently under various laws and court decisions in Indonesia. In general, tax receivables in bankruptcy have privilege position over other creditors, including secured creditors such as banks, mortgage holders, fiduciary guarantees and finance companies, preferential creditors and concurrent creditors. The creditor’s tax debt to the state should be paid first before any payment to other creditors. However, the Director General of Tax under the Ministry of Finance of the Republic of Indonesia often faces problems in claiming the payment as the Ministry claims for the payment are always rejected by the Court. Each of the existing legal rules and decisions provides different answers to this problem, resulting in legal uncertainties. This research is conducted using the normative juridical approach and supported by the empirical analysis. The data collection is conducted by document studies and supported by court decisions. This research aims to inquire and analyse the position of tax receivables in the distribution of bankruptcy estate of debtors among other creditors, the role of the curators, both state and private curators, in the bankruptcy estate distribution in order to find a legal solution to the aforementioned issue according to the normative legal provisions that apply.
Cut Nabilla Sarika, Sunarmi Sunarmi, Dedi Harianto, Rudy Haposan Siahaan
Syiah Kuala Law Journal, Volume 5, pp 262-270; https://doi.org/10.24815/sklj.v5i3.23030

Abstract:
Fiduciary collateral as a type of collateral gives the rights of executorial to creditors to do parate execution on the object of fiduciary collateral when a debtor defaults. In practice, however, collateral misuses this right by seizing the collateral coercively and illegally. This becomes the basics for Judicial Review agains Article 15, paraghraphs 2 and 3 of Law No. 42/1999 on Fiduciary Collateral on January 6, 2020, and the Constitutional Court issued the Ruling No. 18/PUU-XVII/2019 which causes dispute in people. The research problems are whether the Constitutional Court’s Ruling is contrary to the collateral which gives easianess for the execution, how about the implementation of parate execution in the post – the Constituonal Court’s Ruling, and how about the legal consequence of debtor and creditor.The research use descriptive juridicial normative method. The data were gathered by conducting library research. The gathered data were analyzed qualitatively. The result of the analysis shows that Ruling does not impede the right of executing by creditors so that it is in accordance with the executorial right in fiduciary collateral, and creditors can still play their role in doing parate execution hen debitors default, on condition that debtors voluntarily hand in the fiduciary collateral. It may be difficult to do this in the foreclosure sale; therefore, it has to be certain in writing the clauses in the fiduciary contract. In this case, a Notary is required to add a clause about default in the contract and should refer to the Constituonal Court’s Ruling No. 18/PUU-XVII/2019 as the legal ground in writing fiduciary collateral contract.
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