Syiah Kuala Law Journal

Journal Information
ISSN / EISSN : 2549-1741 / 2580-9059
Total articles ≅ 140
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Deswita Keumala Ulfah, Mohd. Din, Ali Abubakar
Syiah Kuala Law Journal, Volume 5, pp 13-25; https://doi.org/10.24815/sklj.v5i1.19871

Abstract:
Gay and lesbian behavior has entered and developed in Aceh in the aftermath of the 2004 tsunami. As an area that is implementing Islamic law, the issue has become the focus of the community, religious scholarships, and the Aceh Government. Since Qanun Jinayah No. 6 of 2014 applies, there are only 3 (three) liwath cases which were tried with caning by the Syar'iyah Court of Banda Aceh City. The results of law enforcement research on liwath (gay) and Musahaqah (lesbi) perpetrators have not been able to provide a deterrent effect, because the more widespread this behavior develops in society. Additional sanctions should be proposed in the form of actions, such as counseling assistance, religious assistance, and social and health assistance. It is hoped that sanctions will change the behavior of gays and lesbians in terms of their sexual orientation.
Muhammad Salda, Muhammad Ridha
Syiah Kuala Law Journal, Volume 5, pp 88-108; https://doi.org/10.24815/sklj.v5i1.20190

Abstract:
Banking products are inseparable from the existence of an agreement between the Bank and the customer, as stipulated in Article 1338 paragraph (3) of the Civil Code, one of the requirements that must be met in applying the principle of freedom of contract is the good faith of the party making the agreement. Good faith in the implementation stage of the agreement is propriety, where the principle applies equally to both conventional and Sharia banking systems, one of the concrete forms of which is to provide clear information to customers. In this case, it turns out that the Bank Aceh product, namely the Bank Aceh Co-Brand Bank Mandiri credit card, does not provide clear information to customers that the products they use use conventional principles and have a time period. So that the legal problem is how the legal protection for customers who hold Sharia Card. The research was carried out using the empirical juridical research method using a statute approach. The results of the research show that for 3 years according to the time period agreed by the parties in the agreement of the Bank Aceh Co-Brand Credit Card, Bank Mandiri did not explain conversion problems, including ownership of databases, documents and rights, legal ownership of Bank Aceh data also gave to the Bank. Mandiri, as referred to in Article 5 paragraph (5.1.) Number 1 states that, "Bank Aceh is the legal owner of the Bank Aceh customer database provided to Bank Mandiri in connection with the cooperation as stipulated in this Agreement" this should be and is related to changes to the system of conventional to be shari'ah must be informed to the customer.
Fuadi Fuadi, Muhammad Natsir, Meta Suriyani
Syiah Kuala Law Journal, Volume 5, pp 65-77; https://doi.org/10.24815/sklj.v5i1.20216

Abstract:
This study discusses the condition of a large portion of mosque buildings in Aceh that do not have a Building Construction Permit (IMB) by statutory regulations. For the legalization and legal certainty of mosque building in Aceh, it is necessary to find a solution, considering that mosques are places of worship for Muslims that have multi-functions and are very sensitive in nature. This research is a descriptive qualitative study on people's behavior, a situation, thought systems, and events related to the permit of mosque buildings in Aceh. Using public policy theory in providing legal protection to people who have built mosques independently. The results showed that mosque buildings in Aceh in general did not have an IMB because the administrative requirements were not fulfilled in the form of a waqf certificate for asceticism of mosque buildings. Efforts to ensure legal certainty for local governments need to issue a special bleaching program policy for mosque building permits in Aceh.
Khalid Dahlan
Syiah Kuala Law Journal, Volume 5, pp 109-123; https://doi.org/10.24815/sklj.v5i1.20415

Abstract:
The filling of replacements for elected members of the House of Representative who no longer meet the requirements at the time of election with a candidate who has a lower vote than other candidates by the party is contrary to the open list proportional electoral system. This study describes the process of changing candidates who no longer meet the requirements at the time of voting in terms of the applied electoral system. The research method uses normative juridical research. The determination of the elected candidates for the House of Representative members in an open list proportional system is determined by the majority of the votes acquired by the candidates. The vote of a candidate who no longer meets the requirements to become the valid vote of a political party, in an open list proportional electoral system, the party should cast the vote to the candidate who has the next most votes to gain a seat in the parliament. Parties as participants in the elections for the House of Representatives do not have the discretionary power to transfer their votes to candidates who have lower votes than other candidates because they are against the morals and ideals to be achieved in the application of an open list proportional electoral system.
Sri Hariati
Syiah Kuala Law Journal, Volume 5, pp 50-64; https://doi.org/10.24815/sklj.v5i1.20628

Abstract:
This study aims to analyze the livelihood issues that cause divorce from the perspective of Islamic Family Law, and to analyze the legal consequences of divorce due to subsistence factors with the study of Mataram Religious Court Decision No: 0492 / Pdt.G / 2016 / PA.Mtr. The research method used is empirical normative legal research, with a case approach method, a statutory approach, and a sociological approach. The results of the research and discussion conclude that the issue of livelihood can be one of the causes of divorce in terms of Islamic family law due to 3 things, namely, Nyusyus 'husband, Nyusyus' wife, and syiqaq. Based on the facts in decision No: 0429 / Pdt.G / 2016 / PA.Mtr due to the legal consequences of divorce due to financial factors and other reasons, the court obliges the ex-husband to provide living expenses and / or determine an obligation for the ex-wife. Before the marriage between a husband and a wife candidate should be more solidified in terms of physical and spiritual preparation and to officials at the Religious Courts, so that they can decide cases related to this factor of living more carefully and quickly so as not to cause harm to either party.
Latif Setyo Nugroho
Syiah Kuala Law Journal, Volume 5, pp 78-87; https://doi.org/10.24815/sklj.v5i1.20643

Abstract:
This article discusses the level of community compliance in Ponorogo district with the Covid-19 health protocol. The Covid 19 pandemic has spread on a global scale. This has implications for many sectors. In Indonesia itself has implemented the Health Protocol in every region in the regency and city. No exception in Ponorogo which also applies the health protocol. Health protocols include wearing a mask when traveling, maintaining distance and washing hands after traveling. Many impacts were felt during this pandemic. One of them is felt by traders who usually trade in the Car Free Day area who cannot sell because CFDs are eliminated. In addition, the implementation of a curfew where after 8:00 p.m. the street lights will be turned off and traders selling on the side of the road are required to close. This has led to the turnover of traders who usually open roadside stalls, especially those. even so there are still many who violate these health protocols. One of them can be seen during mask raids on motorists on the highway. The method used is descriptive qualitative method, while the theory used is the conflict of Karl Marx due to differences in interests between society and the government.
Rahmito Azhari, Wahyu Ramadhani, Teuku Okta Randa
Syiah Kuala Law Journal, Volume 5, pp 26-40; https://doi.org/10.24815/sklj.v5i1.20734

Abstract:
The rapid development of information technology has influenced the legal profession, one of which is the notary profession. The influence on the notary profession can be seen with the concept of cybernotary. In addition, in electronic transactions, personal data from users of electronic signatures is very susceptible to misuse, so it requires legal protection for subscribers. This study aims to determine the legal status of using electronic signatures in the implementation of the position of notary in electronic transactions and legal protection for notaries and signature users. Based on the research, this has resulted in a notary deed that is affixed with an electronic signature not having the power of proof like a contact but an underhand deed. Until this research was conducted, there were no laws and regulations that provided an opportunity for the use of electronic signatures in contacts. In practice, notaries in Indonesia until the time this research was conducted have not exercised their authority in electronic transactions due to the absence of laws and regulations that regulate this matter more clearly so that it can result in notaries having no legal basis.
Sitti Nabila, Sanusi Bintang
Syiah Kuala Law Journal, Volume 5, pp 41-49; https://doi.org/10.24815/sklj.v5i1.20963

Abstract:
This study describe the prescription problems in the case of Aisyah Istri Rasullullah song constitute infringement under Indonesian Copyright Law No. 28 of 2014 on Copyright; Karna Su Sayang song constitute infringement under Malaysian Copyright Law Act 332 1987 and the implementation of the law regarding the dispute settlement of the Aisyah Istri Rasulullah song and Karna Su Sayang song. The normative legal research method was used in this research. The results of this study shows that the Aisyah Istri Rasulullah song ingfrings Article 5 and 9 Indonesian Copyright Law stipulate that is prohibited to take the advantage of the copyright work without the owner permission and use it for commercial and Karna Su Sayang song infrings Section 13 and 36 Malaysian Copyright law; There are many similarities between the infringing copy and original work, there is a causal relationship between the infringing work and original works, and the infringing is an essential part of the original work. The recommendation for Indonesia’s and Malaysia’s lawmakers is to revise the Copyright law, so that the copyright infringement on YouTube related the use of fair use and pirates from uploading content will get the strengthen sanction. And create more comprehensive policy regarding the protection of song and Music in YouTube to made the enforcement of the policy to become more effective.
Rina Shahriyani Shahrullah, Febri Jaya, Inal Arifin
Syiah Kuala Law Journal, Volume 5, pp 124-138; https://doi.org/10.24815/sklj.v5i1.19695

Abstract:
This study analyzes the challenges of Indonesian MSMEs under Law No. 20 of 2008 concerning Micro, Small and Medium Enterprises in the era of AEC 2015-2020 and the readiness of MSMEs under Law No.11 of 2020 concerning Job Creation (the Omnibus Law) in facing the era of AEC 2025. It adopted a normative legal research and found that MSMEs faced many challenges in the AEC era under the MSMEs Law. However, the amendment of this Law by the Omnibus Law constitutes a better strategy to improve and develop the Indonesian MSMEs to be ready in facing the AEC 2025.
Steven Johan
Syiah Kuala Law Journal, Volume 5, pp 1-12; https://doi.org/10.24815/sklj.v5i1.19859

Abstract:
The practical purpose of writing this journal is to find out whether the act of spreading newspaper news can be accounted for by its actions in terms of the Criminal Code. In this case it is not appropriate to be charged article 310 of the Criminal Code because the core of article 310 of the Criminal Code is that the product used to defame must be made by the person himself while the news from the newspaper is not a homemade result. If seen in Article 311 of the Criminal Code concerning criminal acts of defamation, the element is fulfilled.
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