Ajudikasi : Jurnal Ilmu Hukum
ISSN / EISSN : 2613-9995 / 2614-0179
Published by: LPPM Unsera (10.30656)
Total articles ≅ 61
Latest articles in this journal
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 165-178; https://doi.org/10.30656/ajudikasi.v5i2.3536
Customary law communities are the most important part of the history of the development of the Indonesian nation. The contribution given by the customary law community since ancient times has been very large for the development of human civilization, especially in the aspect of order that exists in customary law. The Baduy tribe is one of the customary law communities whose existence is still maintained to this day. The Baduy customary law community has a legal system including its government system which is the hallmark of indigenous peoples. In addition to using their customary government system, Baduy as well as part of the Unitary State of the Republic of Indonesia must participate in every national policy, especially in the area of regional and village government. The recognition given by the 1945 Constitution of the Republic of Indonesia to indigenous peoples in Indonesia is the basis for the use of their respective customary law systems. Therefore, the researcher considers it necessary to conduct a study to see how the current system of governance of the Baduy customary law community is related to the existing positive law. The research method used is a normative juridical and empirical (mixed) juridical research method to see how the normative arrangements regarding the position of the Baduy community government system are and can describe what the government system is like. The specific target to be achieved in this research is to contribute ideas to the local government and the Baduy indigenous people in terms of the position of the Baduy customary government system in terms of the existing positive law. The results of the research carried out explain the Baduy customary law community uses a government system that originates from their customary law known as pikukuh or karuhun. Law 23/2014 on Regional Government gives authority to provincial and district governments to regulate the empowerment of indigenous peoples and the arrangement of customary villages through existing traditional institutions. This happens because community and village empowerment is included in the mandatory concurrent government affairs that are not related to basic services.
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 191-206; https://doi.org/10.30656/ajudikasi.v5i2.4203
Economic constitution has become a new idea within the constitutional framework as the basic foundation for the development of the national and global economy. National economic policies in the context of realizing social welfare must be able to guard and control the national economic system. Apart from the legal politics policy and the government's power in determining the direction of national policy, the conception of the economic constitution as the basic foundation must be realized. This study intends to describe the politics of national law and the concept of economic constitution in realizing social welfare. This research method uses normative juridical research using an exploratory descriptive analytical approach. The characteristics of national legal politics in practice still influence the realization of national economic policies, even though it has implied the concept of an economic constitution in the 1945 constitution. Social welfare, which is the goal of the state, becomes a political tool for national law through a national economic system that cannot be separated from political power.
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 151-164; https://doi.org/10.30656/ajudikasi.v5i2.3714
The purpose of this study is to find out the legal position of the status of children born due to marriage under the hands and to find out the legal considerations of the judges of the Gorontalo Religious Court in the determination of Number. 77 / pdt.p / 2020 / PA. Gtlo. The author in his research uses normative research methods conducted by researching directly in cases that occur during society. Research is focused on describing legal issues, analyzing legal products, then presenting them systematically. The results of this study show that: 1) The legal position of the status of children born due to marriage under the hands in case Number. 77/Pdt.p/2020/PA. Gtlo, the panel of judges argued that the marriage of the petitioners was following the terms and pillars of marriage according to Islamic law, it's just that the marriage did not meet the administrative requirements as desired by article 2 paragraph (2) of Law Number: 1 of 1974 jo Law No. 16 of 2019 on marriage, so that according to Islamic law the marriage is still considered valid. Thus causing legal consequences, such as the rights and obligations of the husband and wife, marital property, the relationship between both parents and children (nasab), obligations of child maintenance (hadhanah), and inheritance. (2) Legal considerations used by the judges of the Gorontalo Religious Court in determining the petitioners' application in this case number 77 / Pdt.P / 2020 / PA. Gtlo there are at least three references of judges, namely, the evidence submitted by the applicants, the testimony of witnesses, and the provisions of the law (law) relating to the silverware.
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 179-190; https://doi.org/10.30656/ajudikasi.v5i2.3942
Legal norms (legal norms, rechtnormen) actually regulate internal personal life (internal life) in a civilized and humanistic manner and also regulate interpersonal relationships in social processes. Legal principles can be in the form of a legal norm that is high in location and many things depend on it and the principle can just a norm. This study aims to determine the application of legal principles in statutory regulations; and to find out the application of other principles in the field of laws and regulations. The research method uses a qualitative normative juridical research method with data collection sourced from library research. Based on the nature of this research, it is an explanatory research, namely research that explains and strengthens a theory on the results of existing research. The results of the study show that legal principles are not concrete legal rules, but are the background of concrete and general or abstract regulations. In general, legal principles are not stated in the form of concrete regulations or in the form of articles, but the law cannot be understood without these principles and the application of other principles in accordance with the legal field of the relevant legislation, including: in criminal law, for example the principle of legality, the principle of presumption of innocence and in civil law, for example in contract law, among others: the principle of agreement, freedom of contract, and good faith.
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 109-122; https://doi.org/10.30656/ajudikasi.v5i2.3937
The protection of individual rights in marital relations according to positive Indonesian Law can be enforced by making a Prenuptial Agreement. Article 147 of the Civil Code states that a prenuptial agreement must be made before the marriage and must be in the form of a notarial deed which can apply to third parties since it registrates at the local District Court Registrar’s Office and has been recorded on Marriage Deed in the Civil Registry. In Indonesia, there has been unification in the field of Marriage Law, which has resulted in several changes to the provisions of prenuptial agreement. This study is aimed at obtaining answers to the following problems: (1) How is the binding force of the prenuptial agreement after the enactment of Law Number 1 of 1974? (2) What is the concept of making a prenuptial agreement after the decision of Constitutional Court Number 69/PUU-XIII/2015? Solving this problem is persued by empirical normative legal research methods using secondary data. The results of this study are: (1) A prenuptial agreement’s strength of binding after the enactment of the Marriage Law is after it is registered and ratified by a Marriage Registrar, and the content of prenuptial agreement is broader, not only coveting wealth; (2) The prenuptial agreement after the decision of Constitutional Court Number 69/PUU-XIII/2015 can be made after the marriage.
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 135-150; https://doi.org/10.30656/ajudikasi.v5i2.3978
Jingle is included in the category of creation in the form of songs or music under copyright law and is included in the type of sound mark in trademark law. Therefor there is a double legal protection for the jingle, namely copyright and trademark. Copyright law protection uses a declarative system while trademark law protection uses a constitutive system. In copyright law and trademark law there are exclusive rights, namely rights granted by the state to the rightful owner. Exclusive rights in copyright are moral rights and economic rights while exclusive rights in trademarks are called trademark rights. With the existence of moral rights and economic rights in the context of copyright law and rights to trademarks in the context of trademark law, various privileges arise for the owner of the jingle. These features are reviewed by the author in this paper with the aim that the jingle owner can understand the moral rights and economic rights in the copyright law system and the rights to trademarks in the trademark legal system that are related to the jingle in a precise and comprehensive manner.
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 123-134; https://doi.org/10.30656/ajudikasi.v5i2.3953
Credit activities in the banking sector, especially People's Credit Banks during the COVID-19 pandemic are allegedly experiencing a level of sluggishness and indications of the emergence of credit problems, especially in legal certainty for parties who bind themselves to credit so as to give birth to achievements that must be carried out in accordance with the agreed time period. certain. If there are parties who are found to have violated their achievements or do things that should not have been done outside the agreement, then the violators are declared to have committed wan achievements. The purpose of this study is to find out what settlements can be made if the debtor breaks his promise (wan achievement), and to analyze the obstacles in credit settlement at PT BPR Insumo Sumberarto Kediri. The research method used is descriptive analytical research method with an empirical juridical approach. The result of this research is that the procedure for granting credit at PT BPR Insumo Sumberarto Kediri consists of four stages, namely the credit application stage, the credit analysis stage, the credit decision stage and the credit disbursement stage. Takeover of collateral as a credit settlement process if the debtor breaks his promise (wan achievement). Obstacles in credit settlement at PT BPR Insumo Sumberarto Kediri are normative barriers (related to Law Number 8 of 1999 concerning Consumer Protection), internal barriers (poor system performance from banking institutions) and external obstacles (arising from the debtor himself).
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 83-98; https://doi.org/10.30656/ajudikasi.v5i1.3383
Protection and management of conservation, biodiversity and ecosystems in Indonesia is very necessary, one of that is the protection of endangered species. The existence of endemic species in a conservation area can be an indicator that the protection and management of the area is running well and sustainable. The area of Indonesia's original natural forests is currently shrinking rapidly. So now animals life is increasingly threatened because of human growth that is more rapidly and human civilization that more sophisticated. Therefore, this journal aims to analyze the protection and preservation of endangered species in Indonesia’s by using normative legal research methods. The approach method in this research is a statute approach with secondary data sources. The secondary data referred to include primary legal materials, secondary legal materials, and tertiary legal materials.
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 99-108; https://doi.org/10.30656/ajudikasi.v5i1.3390
Covid-19 significantly affected nearly all companies in which many were forced to discontinue the working relationship against excuse of force majeure, proper action was required to protect the rights of worker so that a center point could be avoided the decision of termination if the working relation ship. This assessment uses the nomadic yuidis method of judging where it will use law approaches and several sources such as books, journal and others. According to public opinion, government are obligated to reserve human rights against workers in order to keep economy in society.It is vital that prevention against layoffs be made to reduce Indonesia’s unemployment rate, there is also the right of the workers to make the best contributions to boost productivity and turnover to the company. The government is expected to provide better jobs as well as relevant competency programs for reducing Indonesia’s unemployment rates.
Ajudikasi : Jurnal Ilmu Hukum, Volume 5, pp 71-82; https://doi.org/10.30656/ajudikasi.v5i1.3414
This Research is aimed at knowing the development and strategy of law protection against Traditional Cultural Expressions in the Lebak district. In this Research, theoretically useful for society’s undergrad students. Practices are useful to both art and cultural users,of the Education and Cultural Services,of the Tourism service and associated agencies. But currently researchers have not found any particular protection against Traditional Cultural Expressions in the Lebak district. The expressions of traditional culture is a trademark of a people worthy of protection. The provision intended to avoid the actions of foreigners who might damage the cultural values. Since the role of the government to provide protection was necessary, it was necessary to bring out specific law. The qualitative work involves an empirical normative study method of law research by digging into the regulatory regulations. In addition to that researchers do retrieve direct data from communities.