Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang

Journal Information
ISSN / EISSN: 26143852 / 26143992
Total articles ≅ 80

Latest articles in this journal

Manotar Tampubolon, Putu George Matthew Simbolon
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 141-162; https://doi.org/10.33474/yur.v5i2.11114

Abstract:
This article explains the differences and similarities between the British legal system and German Law and reflects their application to Indonesian law which was influenced by the swift flow of legalism. The writing uses a normative juridical method with a comparative law approach. Authors use English common law sources along with their application and German civil law along with their application under the stuffenbau theory. The difference between these legal systems is the common law system prioritizes precedent application, while the civil law system prioritizes statutes. Furthermore, these systems also have similarities whereas both systems are applying customs, doctrines, and legal interpretations as to their complementary legal instruments. The authors address that Indonesia needs to apply methods beyond the statute approach, and Indonesia shall take into account customs, doctrines, and interpretations to achieve justice.
Suratman Suratman, Sulasiyah Amini
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 163-177; https://doi.org/10.33474/yur.v5i2.13731

Abstract:
This paper was compiled with the aim of knowing the considerations of relatives who are prevented from getting an inheritance due to different religions through the mandatory will system and the position of the mandatory will in the perspective of Islamic law. The research method used is normative juridical. Based on the results of the study, it was concluded that consideration of relatives who were prevented from obtaining an inheritance due to different religions, still getting inheritance with a mandatory will system was carried out through the argumentum per analogium method. With a mandatory will, the Supreme Court has made a legal step and this is a rechtsvinding. Based on the perspective of Islamic law, the implementation of the mandatory will is in line with the understanding that Islam is a religion that has the aim of applying the principles of justice as stated in the Qur'an and Hadith.
Muhammad Fadli Efendi
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 227-245; https://doi.org/10.33474/yur.v5i2.9071

Abstract:
Human rights are rights that must be upheld, guaranteed and protected by law, the state, the government and other human beings. It cannot be reduced, revoked, or even eliminated, because these rights are inherent in humans from the moment they were created (baby in the womb). Cases of human rights violations in the world are so rife in various countries, even rarely that countries do not violate human rights. So it is necessary to make an improvement effort in protecting and guaranteeing human rights. This study aims to provide a complete understanding of human rights through normative juridical research methods with a statutory, comparative, and historical approach. From this research, it is found that there are visible differences ranging from the definition of human rights, mechanisms for resolving human rights violations, to institutions for resolving human rights violations both in international of law and national of law in Indonesia.
Ahmad Gelora Mahardika
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 211-226; https://doi.org/10.33474/yur.v5i2.9005

Abstract:
The condition of the economic and health dilemma in handling covid-19 is due to regulations in the Indonesian legal system forcing the Government to choose to sacrifice one of them. However, the compromising legal politics carried out by the Government has a tendency to deviate from the applicable law. Therefore, a new legal policy is needed in handling the covid-19 pandemic outbreak, including the issuance of a PERPU as legitimacy to provide legal certainty for a number of policies carried out by the Government that deviate from the applicable laws and regulations. The research method in this article is normative juridical. The issuance of PERPU is the most appropriate legal policy to overcome problems related to the covid-19 pandemic which is trapped between economic and health dilemmas.
Abdul Rokhim
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 178-195; https://doi.org/10.33474/yur.v5i2.14627

Abstract:
Law enforcement on cases of environmental pollution and/or destruction is very difficult to implement in Indonesia. One of the contributing factors is the normalization of the principle of strict liability which is not firm and has a limited scope. This study aims to analyze legal issues regarding the normalization of the principle of strict liability in UUPPLH and its application in law enforcement in cases of pollution and/or environmental destruction. This research uses normative juridical research. The results show that the UUCK has deviated from the main characteristics of the strict liability doctrine, so the strict liability principle becomes meaningless and its purpose is degraded. Therefore, victims of environmental pollution and/or destruction are required to prove the element of guilt of the perpetrator when filing a lawsuit based on the strict liability principle from the UUCK in perspective.
B. Lora Christyanti
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 196-210; https://doi.org/10.33474/yur.v5i2.14611

Abstract:
In the international relations, the relation between states is not a single dimension relation. Thus, it needs a regulation that applied universally. International law, do not own legal binding, has no strong legal position. Thus, it is needed to conduct a research on how is the legal standing of international law as a legal binding? This kind of research is a normative legal research conducted by secondary data. Based on the research, international law acquired their legal bonding form the paradigm of the natural law, which recognizes the universal norms, which is also known by international law as jus cogens. To strengthen the position of universal norms, jus cogens is codified in the Vienna Convention on The Law of Treaties on 1969, hence approved by positivists as a peremptory norm.
Alvira Damayanti, Ade Adhari
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 261-282; https://doi.org/10.33474/yur.v5i2.14368

Abstract:
One of the most highlighted cases of sexual violence in recent times is the rise of criminal cases of rape against teenagers and minors. Most of the rape victims will experience trauma, psychological disorders and even pregnancy, causing an abortion. The time limit for gestational age due to rape as a condition for abortion provocatus criminalis needs to be analyzed and revised. This research method is empirical research. Based on the results of the study that the time to be able to carry out an abortion needs to be evaluated by the government because for rape victims 6 weeks is a very short time. The ideal form of analysis and revision of the time limit for gestational age due to rape as a condition for abortion provocatus criminalis should be 12 weeks-24 weeks.
Muhammad Aziz Fauzi, Yayuk Whindari
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 246-260; https://doi.org/10.33474/yur.v5i2.15011

Abstract:
The conflict of norms that occurred between of Law Number 11 of 2020 concerning Job Creation and Law Number 1 of 2004 concerning the State Treasury and the settlement mechanism. This study uses a normative juridical research method. The results of the study show that there are several indicators that form the basis for the occurrence of norm conflicts. The source of LPI assets is an inseparable part of state property and the laws and regulations that govern it and there is no antecedent that limits state property as assets that are excluded from being subject to confiscation, as well as the payment mechanism with confiscation of state assets contrary to the ratio decidendi of the judge in Constitutional Court Decision Number 25/PUU-VII/2009.
Muh. Galil Gibran, Rofiq Laksamana, Dian Aries Mujiburohman
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 1-15; https://doi.org/10.33474/yur.v5i1.8897

Abstract:
The government provides land for the implementation of transmigration. The land is granted with the status of property rights on the condition that it cannot be traded for 20 (twenty) years. However, many transmigrants do not feel at home and choose to return to their original areas, by selling the transmigration land to other parties before 20 years. The sale and purchase of transmigration land is carried out under the hands without a deed from PPAT. So the problem studied is the legality of buying and selling under the hands and how to resolve it to register land at the Land Office if there is no PPAT deed, because the seller's whereabouts are unknown. This study uses empirical normative legal research methods with primary data sources through interviews. The results of the study show that buying and selling under the hands according to customary law is legal as long as it meets the requirements, namely clear and cash, but buying and selling under the hands without a deed of sale and purchase made by PPAT cannot be registered at the Land Office.
Ane Fany Novitasari, Rokiyah Rokiyah, Shohib Muslim
Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang, Volume 5, pp 16-30; https://doi.org/10.33474/yur.v5i1.13818

Abstract:
The obligation of a producer is not only to produce consumer needs, but to create and maintain a healthy business atmosphere is also part of the producer's duty. In fact, many food products cause people to get sick. This is because the perpetrators are negligent in producing food, but there are also business actors who deliberately make mistakes so that they can get a lot of profit. The purpose of this study is to analyze the accountability of business actors to consumers related to food products. This study uses a normative juridical method. The results of the study indicate that Article 2 of Law Number 8 of 1999 includes five principles which include the principle of benefit, the principle of justice, the principle of balance, the principle of security and consumer safety, and the principle of legal certainty. The responsibility of business actors to consumers regarding food safety is by making demands against food business actors who produce and sell dangerous food, namely by proving the guilt of the business actor with the principle of responsibility.
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