PRANATA HUKUM

REVIEW OF ISLAMIC LAW REGARDING ON CONFISCATION OF ASSETS RESULTING FROM CRIMINAL ACTS OF CORRUPTION

M Dani Fariz Amrullah D, Dora Mustika, Ari Priyanto — Fri, 31 Jan 2025 00:00:00 +0800

Corruption is an urgent problem that must be addressed immediately in order to achieve healthy economic growth. Various records show an increase and development of corruption models that occur. The mechanism for enforcing the law on corruption is something that must be considered because it ensures its implementation is correct, fair, there is no arbitrariness and no abuse of power. Corruption crimes when viewed from Islamic criminal law are included in jarimah. Jarimah or Jinayah comes from the word jarama-yajrimu-jarimatan, which means "to do" and "to cut", and is specifically used limited to "sinful acts" or "hated acts". The problem approach in this study uses a normative legal approach and an empirical legal approach.Normative Legal Research is a research method carried out by analyzing library materials or secondary data consisting of legal texts, court decisions, official documents and other legal literature..The mechanism for confiscation of assets resulting from corruption is currently based on Article 18 letter (a) of Law Number 31 of 1999 which was later updated through the provisions of Law Number 20 of 2001 concerning the Eradication of Corruption (UU PTPK). Meanwhile, in the context of efforts to return assets, it can be done through a civil lawsuit mechanism, which is regulated in Article 32 to Article 38 of Law Number 31 of 1999 which was updated through Law Number 20 of 2001 concerning the Eradication of Corruption. It is hoped that in the formulation policy regarding the confiscation of assets resulting from corruption, it will be guided by and refer to the civil forfeiture system used in the United Nations Convention Against Corruption in returning assets resulting from corruption by providing an obligation to reverse the burden of proof to the suspect (defendant). So that the civil lawsuit facility becomes a very effective means in order to return state losses.

LEGAL REVIEW OF THE IMPLEMENTATION OF AGRICULTURAL LAND SHARECROPPING AGREEMENTS IN PIJORKOLING VILLAGE, DOLOK DISTRICT, NORTH PADANG LAWAS REGENCY

Nur Oloan, Sarmadan Pohan, Ridwan Rangkuti — Fri, 31 Jan 2025 00:00:00 +0800

The purpose of this research is to understand the implementation of agricultural profit-sharing conducted by the customary law community in Pijorkoling Village, Dolok District, North Padang Lawas Regency, and to determine the compliance of agricultural land profit-sharing implementation with Law No. 2 of 1960. The research method used is a sociological juridical approach, with descriptive-analytical specifications, and purposive non-random sampling for sample determination. The analysis was conducted qualitatively to address the research problem. The research findings indicate that the implementation of the profit-sharing agreement for agricultural land in Pijorkoling Village, Dolok District, North Padang Lawas Regency does not use the profit-sharing agreement according to Law No. 2 of 1960 concerning profit-sharing agreements for agricultural land. Instead, they conduct profit-sharing agreements based on customary law that has been passed down through generations, which are agreements based on the approval and agreement between the landowner and the prospective cultivator, conducted verbally on the basis of trust. Regarding rights and obligations as well as the balance of profit-sharing, it is also based on the agreement of both parties. The profit-sharing ratio from the research is referred to as "mertelu" or 1:3, one part for the landowner and two parts for the cultivator from the total net harvest. Then, the termination or dissolution of the working relationship between both parties occurs when the agreed-upon period ends at the end of the harvest season, or it can also be the termination of the agreement due to one party breaching the initial agreement.

JURIDICAL ANALYSIS OF THE MISUSE OF ELECTRONIC MEDICAL RECORDS IN THE PERSPECTIVE OF THE ELECTRONIC INFORMATION AND TRANSACTION LAW

Tryda Meutia Anwar, Jerry G. Tambun, Ahmad Jaeni — Fri, 31 Jan 2025 00:00:00 +0800

The background of this research is regarding the potential for misuse of electronic medical records based on Electronic Information and Transactions (ITE) and patient data protection. Law Number 1 of 2024 concerning Information and Electronic Transactions which replaces Law Number 19 of 2016. And Law No. 27 of 2022 concerning Personal Data Protection. This research method uses qualitative and normative data analysis techniques. The results of this study show that Law Number 1 of 2024 concerning ITE is one of the important pillars that discusses the use of electronic information/documents as legal evidence at trial in the event of the dissemination of electronic medical records that can be used as illegal materials and to protect patients ' personal dataThere is Law No. 27 of 2022 concerning Personal Data Protection in Indonesia which has the main purpose of protecting individual personal data and regulating the collection, use, storage, security, and deletion of personal data by health services that manage patient data. By mandating strict data protection practices, the law upholds the ethical principle of patient confidentiality, which is essential for maintaining patient trust. Therefore, healthcare providers should invest in advanced cybersecurity measures.

INHERITANCE DISTRIBUTION BETWEEN SONS AND DAUGHTERS: A COMPARATIVE STUDY OF INDONESIA AND TUNISIA

Ismail Mutawalli — Fri, 31 Jan 2025 00:00:00 +0800

The distribution of inheritance between male and female children is a complex issue in Islamic family law, considering the varying interpretations and applications of the law in different countries. In Indonesia, the Compilation of Islamic Law (KHI) serves as a reference for inheritance distribution, which is often considered more conservative and tends to allocate a larger share to male children. Meanwhile, Tunisia is known for its progressive approach through the Code of Personal Status (CPS), which has undergone various reforms to enhance gender equality. This study aims to examine how equal inheritance distribution between male and female children is perceived in Islamic family law, and to compare the Islamic family laws of Indonesia and Tunisia regarding the inheritance shares of males and females. Using a qualitative research design, descriptive analysis techniques, and inductive methods are the primary techniques used to trace data and facts to analyze and find answers to the formulated research questions. The results show that in Islamic family law, the distribution of inheritance between males and females is clearly stipulated in the Qur'an, where males receive twice the share of females (Surah An-Nisa verse 11). This is based on the financial responsibilities of males within the family. Therefore, equal inheritance distribution is not in accordance with Sharia. In Tunisia, the laws that establish equal inheritance distribution between males and females are based on principles of justice and gender equality as part of the modernization of family law. In Indonesia, inheritance law is governed by the Compilation of Islamic Law (KHI), which adheres to Sharia principles, while Tunisia has adopted reforms that reflect gender equality. Despite differences in formal legal approaches, both countries uphold the fundamental values of Islam in the distribution of inheritance.

ANALYSIS OF FIQH SIYASAH TANFIDZIYAH ON THE IMPLEMENTATION OF WASTE REDUCTION POLICY IN WEST LAMPUNG

Putri Diana, Agustina Nurhayati, Rudi Santoso — Fri, 31 Jan 2025 00:00:00 +0800

Waste reduction is the first step of waste management that affects the next waste management process. The waste problem really needs special attention from the Government and all elements of society because the waste problem has become a complex problem that must be addressed immediately. This study aims to analyse the Way Petai pekon government policy in waste reduction using the Siyasah Tanfidziyyah theory. The method used is a qualitative approach that is descriptive analysis, by conducting observations and interviews with the Pekon Way Petai Government and the Community. The results of this study show that several policies such as waste disposal regulations, socialisation and education related to waste and the provision of free trash boxes have been implemented by the Pekon Government. However, the implementation of these policies is not a long-term programme and there are still obstacles in its implementation, constrained by the location of waste bank construction sites and the lack of public awareness of the dangers of littering. The conclusion of this study confirms that the importance of Pekon government attention and long-term work programmes in the development of waste banks so that other policies can be implemented optimally.

THE SUSPENSION OF DETENTION TO DEFENDANT IN PADANGSIDIMPUAN DISTRICT COURT

Zulkarnain Hasibuan, Syahril — Fri, 31 Jan 2025 00:00:00 +0800

In the series of criminal justice proceedings, the issue of detention is one of the most essential matters concerning the freedom of human rights, because every detention of a person suspected of being involved in a criminal incident is a temporary restraint on his freedom and ndependence. So that in this study the problems are, first, whether the implementation of the provision of guarantees, whether in the form of people or money, has been carried out in accordance with the provisions of the legislation? Second, what are the judges' considerations in granting detention postponements for defendants within the jurisdiction of the Padangsidimpuan District Court? The methods used are library research and field research. After the data was analyzed using hypothesis testing techniques based on induction and deduction methods. Then it can be concluded that if we look at the developments in the practice of granting bail in the jurisdiction of the Padangsidimpuan District Court as stipulated in Article 31 paragraph (1) of the Criminal Procedure Code, then in determining whether or not the request for bail with a guarantee submitted by the suspect or defendant to the detaining agency can be granted.