Alauddin Law Development Journal

Bandar Lampung General Election Commissions Strategies to Suppress Abstention in The 2024 Presidential Election (A Fiqh Siyasah Approach)

Tyas Gesti Rahayu — 2024-11-28

Law No. 7 of 2017 highlights that general elections enable citizens to express their sovereignty; however, the phenomenon of abstention (golput) indicates a decline in voter participation. This trend often results from a lack of trust in elected representatives, who are seen as failing to effect significant change. Rising abstention rates require urgent attention from organizers, especially the General Election Commission (KPU) of Bandar Lampung. From an Islamic legal perspective, abstention is deemed haram according to the Indonesian Ulema Council. This study employs qualitative methods through field research, including observation, interviews, and document collection. The KPU of Bandar Lampung has implemented various strategies to reduce abstention in the upcoming 2024 elections, guided by goal-setting, policy formulation, and plan development theories. This research aims to provide insights for enhancing voter participation.

The Validity of Boarding House Rental Agreements from Civil Law Perspectives

Rahmia Rachman — 2024-11-28

Tenants of boarding houses generally make rental agreements informally; in fact, the situation tends to be weak, so legal protection is needed. The purpose of the research is to determine the validity of the room rental agreement and to understand the legal protection for tenants of boarding houses. The research method used in this study is normative juridical. The results of the study indicate that the validity of the room rental agreement is valid and binding on the parties if the agreement meets the requirements for a valid contract based on Article 1320 of the Civil Code, even if it is in an unwritten form. Legal protection for tenants of boarding houses includes preventive legal protection, paying the rental price and returning the room in good condition. Repressive legal protection applies if there is loss or damage in the boarding room caused by the negligence of the tenant.

The Islamic Governance Law on Environmental Conservation in Sinjai Regency

Bismar Junaid — 2024-11-28

This study aims to assess the preservation of the environment in Sinjai Regency in the perspective of Islamic Constitutional Law (siyasah syariah). The focus of the study includes: 1) the role of local governments in maintaining environmental conservation, 2) factors that influence its implementation, and 3) Environmental Conservation Review according to Islamic law. This study uses a qualitative descriptive approach with formal juridical methods and normative Syar'i based on the Qur'an. Data collection techniques include observation, interview, and documentation, analyzed through classification, verification, and conclusion. The results showed that the Local Government, through the Department of Environment, has implemented various environmental conservation programs. The supporting factor is competent human resources, while the obstacle is the lack of budget. In addition, the lack of involvement of public and religious figures in socialization causes environmental jurisprudence to be neglected, despite its importance in the face of the current ecological crisis.

Evidence of Criminal Acts of Origin in The Prevention and Eradication of Money Laundering Law Under Presumption of Innocence Principle.

Fadli Yasser Arafat J. — 2024-11-28

This study aims to determine the contradiction between the provisions on the proof of the original criminal act with the principle of Presumption of Innocence in the Anti-Money Laundering Law 2010. The research was conducted with normative research method using statutory approach, conceptual approach, historical approach, and historical approach. Data analysis uses qualitative descriptive analysis with data analysis methods that are connected to existing principles, theories so that conclusions can be drawn on the answers and problems. The research results show that The provisions of the article have violated the principle of presumption of innocence in criminal law and also harmed human rights. The crime of money laundering is also a further criminal offense that has a prerequisite criminal offense so that without the initial criminal offense or the prerequisite criminal offense, the act can no longer be defined as a money laundering criminal offense.

Ethical and Legal Aspects of Research Involving Animal Subjects in Indonesia

Danang Sugihardana — 2024-11-29

Advances in science often benefit human health but can also involve sacrifices, particularly when animals are used as research subjects. This study explores the ethical and legal aspects of using animals in research, focusing on improving understanding and compliance with animal welfare regulations in Indonesia. The research aims to analyze laws and ethical principles such as the 3R and 5F to ensure humane treatment of animals. Utilizing a normative legal approach and library research methodology, this study evaluates various regulations, including laws, government policies, and institutional guidelines concerning animal welfare in research. The novelty of this research lies in its comprehensive analysis of how legal requirements intersect with ethical considerations, underscoring the need for ethics committees to oversee research practices. The findings emphasize that while animal research is essential for scientific progress, strict adherence to regulations is necessary to protect animals from abuse and ensure ethical research practices.

Legal Analysis of Delay in Compensation Payment for Community Land for The National Strategic Projects Development

Nurul Aini — 2024-11-29

This study discusses the priority development projects of the Government to improve Infrastructure, which is expected to benefit the community. In the process there are problems that arise, including delays in payment of compensation for land acquisition for public interest for development. This research method uses an empirical legal approach, data obtained from field research and library research will be analyzed qualitatively to answer the problems in the payment research, there are 3 factors, namely the absence of an accurate budget estimate, incomplete payment files, and there is land in a forest area. Delays in payment of compensation will have economic and social impacts on the community and of course hinder project development for the community. Therefore, to fulfill a sense of justice, legal certainty is needed in the form of clarity regarding compensation for the community.

Community Partnerships Based on Responsive Law as Preservation Strategies in The Dieng Temple Complex

Muhammad Aziz Zaelani — 2024-11-29

This study addresses the challenges of community partnerships in the conservation of zoning and cultural heritage in the Dieng Temple complex. Using a sociological legal research method, it aims to formulate a partnership model to optimize conservation strategies. The preservation of cultural heritage objects has been marginalized due to factors such as the lack of community involvement, which has not been accommodated by the Cultural Preservation Center of Region X. Synergy with the Banjarnegara Regency Government and the Dieng community is essential. The results show that uncontrolled mass tourism, regulatory issues, and environmental degradation hinder preservation efforts. The proposed partnership model involves community participation, the establishment of a Dieng Temple Area Conservation Information Center, and optimizing the role of the Banjarnegara Tourism Office.

Inheritance Rights of The Death Benefit Under The Social Insurance Employment Agency

Sulastri Yasim — 2024-11-29

The urgency that the BPJS Employment program is held with the aim of providing death benefits to the heirs and benefits so that the heirs can meet the basic needs of a decent life when the participant dies. This research is a normative legal. The results showed that in the provision of death benefits to the heirs must have the status of a spouse (widow or widower) or child of the participant. If the spouse or child does not exist, the heirs are blood descendants in a straight line up and down to the second degree or siblings or in-laws or parties designated in the will by the participant. This is in line with the inheritance system according to the Civil Code, where there are two ways to obtain inheritance, namely first, obtaining inheritance based on the provisions of the law and second, obtaining inheritance based on the will.

From Trust to Betrayal: Child Grooming in Indonesia's Legal Framework

Fitriah Faisal — 2024-11-29

This study explores the gaps in Indonesia's legal system regarding child grooming. Through a normative legal research methodology, this study examines both national and international legal approaches to child grooming, highlighting how Indonesia’s current legal provisions inadequately capture the complex and manipulative nature of the crime. The paper also underscores the influence of cultural norms and religious beliefs that obscure the recognition of grooming as a serious form of child exploitation. By comparing Indonesia's laws with those of countries like the United Kingdom, Australia, and the United States. This study emphasizes the need for legal reform in Indonesia to explicitly criminalize child grooming and enhance child protection efforts. The findings reveal a significant need for clearer definitions, preventive measures, and legal accountability to safeguard children from exploitation under the guise of familial consent or cultural practices.

Analysis of Similarities in Principle and Resolution Between MS Glow and PS Glow Brand Disputes

Risalatul Putri Aulia Kintamani — 2024-11-29

This research discusses similarities in essence as regulated in Article 6 paragraph (1) letter b of Law No. 15 of 2001 concerning Trademarks in its explanation regarding the rejection of applications that have similarities in overall terms and conditions of similar goods and services but are detrimental to well-known brands. In this legal research, normative and secondary research is used, including primary legal materials and secondary legal materials. The technique of collecting legal materials is carried out by the literature and then analysis techniques are used. The results showed that it is already familiar to the public and the resolution of disputes experienced by the MS GLOW and PSGlow brands is reviewed from Law No. 20 of 2016 concerning Marks and Geographical Indications.

Dimensions of Judges Independence in The Judicial Process

Supriadi Jufri — 2024-11-29

This research aims to analyze and criticize the independence of judges in maintaining integrity and social trust in the judicial process. This type of research is normative research. The results showed that factors that can affect the independence of judges in carrying out their duties. Judges in resolving conflicts faced by them must be able to resolve objectively based on applicable law and the concept of judge independence is a fundamental principle in the judicial system which emphasizes that judges must be able to carry out their duties independently, without pressure or influence from any party. The independence of judges is an important prerequisite in maintaining integrity, fairness and trust in the judicial process in a country. The presence of independent judges ensures that the judicial process is transparent, fair, and in accordance with the principles of democracy and the rule of law.

Legal Consequences of Unregistered Fiduciary Guarantee Deeds on The Agreements Validity

Irma Rismawati — 2024-11-29

This study aims to examine the legal protection of creditors in fiduciary guarantee credit agreements. The method used is normative research. The results show that the provision of legal protection for creditors in the case of unregistered fiduciary credit guarantee agreements begins from the signing of the notarized fiduciary guarantee deed and is then confirmed through registration. Registration of fiduciary guarantees must uphold the principle of publicity and ensure legal certainty for creditors in recovering their debts. The details of the law on unregistered fiduciary guarantee deeds against the validity of the guarantee agreement are the invalidity of ownership of the promised goods. This is caused by notarial deeds that are not consistently documented at the fiduciary registration office or only rely on personal deeds, thus harming the executor of the deed and causing creditors to lose priority rights.

The Legal Analysis of Defamation Crimes in Family Through The Social Media

Dirga Agung — 2024-11-29

The right to communicate and obtain information has been regulated in Article 28F of the 1945 Constitution of the Republic of Indonesia. However, the use of social media must still recognize the limits in its use so as not to harm oneself or others, including family. This problem is focused on the problem of defamation that can be ensnared in social media and the limits in expressing opinions. The method used is normative research. The findings of the study indicate that it is necessary to increase awareness in expressing opinions so as not to become shackles. This study concludes that there are limits that need to be known in giving opinions, namely not to insult morals and decency. As well as a legal analysis of criminal acts of insult committed in a closed space.

A Review of International Criminal Law on Human Rights Violations to The Rohingya Ethnicity

Ryigen Tisna Amidjaja — 2024-11-29

The Rohingya ethnic minority faces discrimination as a result of the policies and actions of the Myanmar government. This discussion will centre on the delineation of violations and the manner in which international law evaluates human rights transgressions perpetrated against the Rohingya ethnic group in Myanmar. The research methodology employed in this study is a normative juridical approach, specifically utilising legal ideas and norms that are applicable in broader society. The legal materials utilised encompass elementary, secondary, and tertiary legal sources. The grave human rights atrocities that took place in Myanmar can be categorised as international crimes, specifically genocide and crimes against humanity. These violations satisfy the significant standards of mass murder, widespread prejudice against religious minorities, and intentional targeting of specific ethnicities and communities. The crimes mentioned are delineated in articles 6 and 7 of the Rome Statute, which are under the purview of the International Criminal Court (ICC).

Marriage Cancellation Due to Coercion from Marriage and Islamic Law Perspectives

Vanisa Vinabilah — 2024-11-29

This study analyzes preventive and repressive legal protection for injured parties in marriages carried out on the basis of coercion in relation to marriage law and Islamic law. The methods used were the juridical normative. The results showed that preventive and repressive legal protection is very important in preventing and handling cases of marriages carried out based on coercion and threats. Preventive protection, such as counseling to the community, pre-marital guidance by the KUA, and the role of the family in increasing awareness of the right to freedom in choosing a life partner. Implementing repressive measures such as filing for marriage annulment and reporting criminal acts based on threats is essential to ensure justice for victims. There must be legal safeguards that guarantee that all marriages are based on the voluntary consent of the bride and groom, as expressly stated in the marriage and Islamic compilation law.

The Urgency of Amicus Curiae in The Indonesian Law (A Case Study of the 2024 Presidential Election Dispute)

Sulistyowati — 2024-11-29

One of the authorities of the Constitutional Court (MK) is to resolve disputes over general election results. In the 2024 presidential election, the presidential candidate pair Anies Baswedan-Muhaimin and the Ganjar-Mahfud pair filed a lawsuit with the Constitutional Court. This study uses normative research. The results show that many figures have emerged as Amicus Curae, such as Megawati Soekarnoputri, Dien Syamsudin and others. In addition, this Amicus Curae is very important in order to achieve openness and justice in general election disputes in the Indonesian legal system.

Sanction Against Notary in Authentic Deed Malpractice

Asyril Rizky Akbar — 2024-11-30

The notary profession has a responsibility to the community and must comply with the Notary Position Law and the Notary Code of Ethics. A Notary is also a human being who is not free from mistakes in making authentic deeds. These malpractices can sometimes be realized and can also be unconscious, especially in making the authentic deed. There has been no update regarding the UUJN but there are many forms of notarial errors. Therefore, this study raises the forms of notary consequences that must be accepted by him if there is malpractice in making authentic deeds. This research is a normative research, using legislative and conceptual approaches, obtaining secondary data with literature studies which are then analyzed with descriptive qualitative. The results of this study indicate that the application of both civil sanctions, administrative sanctions, and code of ethics sanctions. Because it is proven to commit an offense.

Corruption of Social Assistance Budget during The Covid-19 Pandemic

Miftahul Amin — 2024-11-30

The Covid-19 pandemic that hit Indonesia became an opportunity to enrich themselves through corruption of social assistance funds. However, existing regulations do not provide a deterrent effect on the perpetrators. This research is a normative legal research (library research) using a case approach and presented in the form of descriptive analysis. The results of this study indicate that the existence of legal regulations related to corruption during the pandemic has not been fully implemented by Indonesia considering that the Corruption Law, especially Article 2 paragraph (2), is still open to multiple interpretations regarding "certain circumstances". Then the relevance of the Corruption Law to corruption during the pandemic is certainly related to its eradication to provide a deterrent effect even though the sanctions have not been applied. The government then prioritized the data management improvement program.