Azhari Yahya | Universitas Syiah Kuala Banda Aceh (original) (raw)

Papers by Azhari Yahya

Kanun Jurnal Ilmu Hukum

The laws and regulations in Indonesia recognize various legal forms of companies; however, the le... more The laws and regulations in Indonesia recognize various legal forms of companies; however, the legal form of a Limited Liability Company is considered to have better business prospects. Limited Liability Company also becomes a legal form of a company that can conduct business in all business fields. This condition has led to the practice of changing the legal form of companies in Indonesia from companies with certain legal forms to the legal form of Limited Liability Companies. This change in the legal form of the company is not covered by a special law that can combine the needs of changing the legal form of the company. In practice, this change in legal form is carried out in various ways that may result in legal uncertainty on one hand, and licensing difficulties as a result of a change in legal form on the other hand. Therefore, a new concept that can create legal certainty and ease doing of business in changing the legal form of companies in Indonesia is needed.

AL-IHKAM: Jurnal Hukum & Pranata Sosial

The implementation of caning law in Aceh Province is still sporadic due to a lack of coordination... more The implementation of caning law in Aceh Province is still sporadic due to a lack of coordination among the government institutions involved in caning law. Then, the prison infrastructure to impose the canning law is also not ade-quate, and socialization has also not been fully carried out. Besides, in deter-mining the location of the caning, Islamic law requires the fulfillment of two principles namely “open space” and “visible” to the public. Furthermore, the law that guides the implementation of sharia in Aceh does not regulate detail of where the caning can be executed. Hence, the issues that need to be scruti-nized in this study are about shifting the norm from “open space" to “prison space” and why there is a disparity in determining the place of caning sentenc-es. This study uses a normative legal method by relying on secondary data. All collected data were analyzed by using qualitative analysis. The results show that there has been a shifting norm from "open space&...

Gender Equality: International Journal of Child and Gender Studies, 2018

Salah satu kewajiban orangtua pasca terjadinya perkawinan adalah memelihara, melindungi, mendidik... more Salah satu kewajiban orangtua pasca terjadinya perkawinan adalah memelihara, melindungi, mendidik dan mengasuh anak hingga dewasa. Penentuan orang yang mengasuh anak pasca perceraian sangat ditentukan oleh putusan hakim. Adakalanya hak asuh anak diberikan kepada ibu dan ada pula hak asuh anak diberikan kepada ayah seperti putusan Nomor 55/Pdt.G/2012/Ms-Bna (kepada ibu dan ayah), Putusan Nomor 65/Pdt.G/2011/MS-Bna (kepada ayah), Putusan Nomor 66/Pdt.G/2012/MS-Bna (kepada ayah), Putusan Nomor 225/Pdt.G/2009/MS-BNA (kepada ibu), Putusan Nomor 261/Pdt.G/2010/MS-BNA (kepada ibu). Penelitian ini bertujuan untuk mengetahui dasar pertimbangan hakim menetapkan pengasuh anak, tinjauan yuridis dan konsekuensi hukum terhadap penetapan hak asuh anak pasca perceraian. Penelitian normatif ini menggunakan bahan hukum primer berupa UU No. 1 Tahun 1974, bahan hukum sekunder berupa putusan hakim dan bahan hukum tersier berupa kamus dan eksiklopedia hukum. Penyajian data dilakukan secara deskriptif dan...

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019), 2020

This study aimed to examine how the function and position of the Regional Head as an Official of ... more This study aimed to examine how the function and position of the Regional Head as an Official of Civil Servant Apparatus guarantees justice in the development of the Career of Regional Civil Servants and how the Concept of Career Development of Regional Civil Servants in Good Local Government Governance. The method of approach used was the socio-legal approach (socio-legal study), a study that reviews the law as a social fact that can be observed and lives in society as a behavioral value in realizing social institutions or social institutions, legal studies of theorizing and define law as a positive and empirical social fact. The results of the study showed that to realize good management of regional civil servants, the head of the regional government must exercise his authority as an Official Guiding Regional civil servant and create concepts of career development, promotion, placement in accordance with the expertise, and education and training for civil servants to guarantee the rights and obligations, a sense of justice, maintain neutrality as a servant of the state, improve the quality of professionalism, performance, competence of local civil servants to realize excellent public service. Local governments must have an ideal plan, such as a staffing master plan. In terms of promotion of the position assigned to civil servants, they must undergo a series of competency tests, such as the Assement Test, Psychotest, fit and proper test. In terms of developing career patterns, a civil servant must be considered for the his working experience up to the working achievements he has achieved through the assessments conducted by superiors, rewarding and punishment, by showing good performance in terms of improving the quality of human resources to support the development acceleration in the area by awarding the employees who perform best, and for those who do not show work performance, punishment must be given.

Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020), 2021

The right to health is universally recognized through Article 25 paragraph (1) of Universal Decla... more The right to health is universally recognized through Article 25 paragraph (1) of Universal Declaration of Human Rights saying that everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Every country in the world including Indonesia that becomes a party to human rights treaty has addressed health-related rights including the right to health and a number of rights related to conditions necessary for health. Right to health encompasses all socioeconomic , environmental and legal issues that have any direct implication on health. Therefore, the steps to be taken by the states parties shall include prevention, treatment and control of epidemic, endemic, occupational and other diseases. Under this framework, the state has duties to ensure the rights of its citizens to enjoy healthy life. In this matter, the state is duty-bound legally to provide basic minimum rights for securing health, including easily accessible and affordable good quality health care for all. Since Indonesian government had declared corona virus disease 2019 (Covid-19) as a national disaster on 2nd March 2020, every facet of society has changed dramatically. Consequently, Indonesian citizens feel threatened by the virus. Then, late response from the government has made them vulnerable to the pandemic. It was not until 13th March 2020 the Indonesian government reacted to the crisis by setting up the Task Force for Rapid Response to Covid-19 under Presidential Decree Number 9 year 2020. By then, the spread of corona virus becomes a core concern for Indonesian Government. Indonesian Task Force for Rapid Response to Covid-19 announced that as of 25th October 2020 there were 389,712 people were infected by Corona virus. Among them 313,764 people were recovered (80.51%) and 13,299 people died (3.41%) and 62,649 people were hospitalized (16.07%). These data have made Indonesia as one of the most vulnerable countries in the world. The increase in death cases in Indonesia should be a worrying sign for Indonesian Government and now the government is entering a situation of being alert to the spread of this corona virus. In anticipating this situation Indonesian Government has implemented several recommendations for the prevention of this virus outbreak centrally through the health protocol. Society is obliged to apply social distance, selfisolation, clean living behaviors, and healthy living with nutritious food consumption. In short, the government must take a full role in providing alternatives as the way out to ensure the right to health for all citizens. Drawing on the above description, this paper scrutinizes the state responsibility in terms of providing health care for all citizens as human rights during Covid-19 pandemic in Indonesia.

Beijing Law Review, 2022

One of the authentic deeds is made by a notary, by the law on the position of a notary, namely la... more One of the authentic deeds is made by a notary, by the law on the position of a notary, namely law number UU No. 30 of 2004 concerning the position of a notary which was later amended by Law no. 2 of 2014 concerning amendments to Law no. 30 of 2004 concerning the Position of Notary (UUJN), hereinafter referred to as UUJN. The negligence of notaries is mostly their negligence, there are several cases regarding article 41 of the UUJN, both regarding article 38 regarding organs, for example, such as neglecting information regarding the position of acting in front of them which is not even contained, both a description of the signing and the place of signing. The purpose of this study is to find out and explain the position of the deed issued by a notary containing the elements of article 41 UUJN, to know and explain the responsibility of the notary to fulfill the elements of article 41 UUJN, and to find out and explain the role of the authorized institution in fulfilling the elements of article 41 UUJN. This study uses a juridical-normative approach, which examines secondary data by conducting a literature study. The research phase was carried out through library research and field research. Data collection techniques used are document studies and interviews to obtain primary data, which are used to support secondary data. The results obtained are that firstly, the position of a notary deed is very important in the law of proof in Indonesia. So the position of an authentic deed is a legal document and a perfect means of proof. Second, a notary's responsibilities as a public official include the notary profession's responsibilities relating to the deed, such as the Notary which is responsible for civil and criminal matters for the deed he made.

This thesis is about localised responses to a Foreign Direct Investment (FDI) project located in ... more This thesis is about localised responses to a Foreign Direct Investment (FDI) project located in the Aceh Besar District of Indonesia. It is intended as an inquiry into how locality is created by the encroachment of the FDI project and how locality motivates responses and strategies by local people. The FDI project in question is the Indonesian operation of a French cement multinational, Lafarge Cement Indonesia (hereafter called LCI). This company started to produce cement for domestic and export use in the 1980s, attracted to the region by the stocks of limestone found there. Since that time, it cannot be denied that the project has delivered on many of the promises of benefit that proponents of FDI associate with such projects. The project has endured, along with local subjects, a natural disaster of unprecedented proportions in 2004 when a tsunami struck the region, causing around 300,000 deaths in all of Aceh and untold destruction. But at the same time, the project has brought...

Jurnal Geuthèë: Penelitian Multidisiplin, 2020

Surat An-Nisa ayat 35 menyatakan bahwa satu tahapan penyelesaian sengketa (rumah tangga) haruslah... more Surat An-Nisa ayat 35 menyatakan bahwa satu tahapan penyelesaian sengketa (rumah tangga) haruslah mengutuskan seorang hakam (juru damai) dengan tujuan agar permasalahan mencari sumber masalah diantara keduanya dan kemudian mendamaikan kembali keduanya. Penjelmaan ayat tersebut tercermin dalam prilaku masyarakat adat Aceh dimana dalam penyelesaian permasalahan cek-cok (perselisihan ringan) dalam rumah tangga diselesaikan melalui peradilan adat dengan harapan para pihak yang bersengketa bisa saling memaafkan, rukun, damai dan tidak lagi mengulagi kesalahan yang sama.

Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences, 2021

This study aims to explain the limits and responsibilities of the position carried out by the not... more This study aims to explain the limits and responsibilities of the position carried out by the notary in registration of Commanditaire Vennootschap (CV) online through the business entity administration system. The research method used in this research is normative juridical using a statutory and conceptual approach. The collection of research materials is carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the notary was only authorized and responsible for the creation of the deed of CV. Notary cannot receive power of attorney because it contradicts the UUJN which has been stipulated authority and responsibility attached to the position of a Notary. With the enactment of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 17 of 2018. Registration of CV which was previously in the District Court is delegated to the Mini...

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019), 2020

An agreement should meet requirements regulated in Article 1320 of the Civil Code, and agreement ... more An agreement should meet requirements regulated in Article 1320 of the Civil Code, and agreement for Sharia Pawnshop is without exception. The province of Aceh is the strongest base for Sharia pawnshop. There are two factors considered essential regarding the Sharia Pawnshop in Banda Aceh, i.e. the type of agreement between debtors and the shop and the settlement of default dispute. To examine those two factors, the author conducted an empirical study with a descriptive-analytical approach. The research results showed that the contract between the Pawnshop and the debtors was stated in the form, agreed upon and filled in by both parties.

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019), 2020

Each adherents of religion in a country have rights and obligations. Indonesia is a country of la... more Each adherents of religion in a country have rights and obligations. Indonesia is a country of law which is predominantly Muslim. Islam also has regulations of its own in arranging the rights and obligations of the followers. Indonesian state which adheres to the rule of law certainly regulates the relationship between followers of one religion and those of other religions so that if a problem occurs legally it can be resolved and each adherent of the religion knows his rights and obligations. This paper scrutinizes the Rights and Obligations set out in Islam and regulations in Indonesia towards respective faiths. The method used in this study is Juridical Normative methods and the approach applied for this study is qualitative approach and comparative study. The results indicate that the Rights and Obligations of the followers of the religion which is set in Islam is the right to choose a religion and the obligation to respect the religious choice, the Rights and Obligations to safeguard and maintain the dignity of all religious adherents, the Rights and Obligations not to be insulted and do not insult the beliefs and worship of religious believers, the Rights and Obligations to guard and guard the places of worship of all religious adherents, the Rights and Obligations to get the same treatment before the law. The rights of each religion follower in regulation in Indonesia include: the Right to freedom to embrace religion and the obligation to respect the freedom of each religious adherent in choosing religion, the Right to religion or worship according to their respective religions and beliefs, and Obligation to respect and appreciate the difference of religion in the running of worship according to their religion or belief the right to legal protection from the state, and the Right to equal treatment before the law as well as the obligation to comply with any matter that has been set that related to religion.

Di dalam Pasal 1365 Kitab Undang-Undang Hukum Perdata dinyatakan bahwa, “tiap perbuatan yang mela... more Di dalam Pasal 1365 Kitab Undang-Undang Hukum Perdata dinyatakan bahwa, “tiap perbuatan yang melanggar hukum yang membawa kerugian kepada orang lain mewajibkan orang yang karena salahnya menerbitkan kerugian itu, mengganti kerugian tersebut”. Salah satu bentuk perbuatan melawan hukum adalah kesalahan tenaga kesehatan dalam pelaksanaan imunisasi yang mewajibkan tenaga kesehatan atas salahnya mengganti kerugian tersebut. Lebih khusus aturan tentang ganti rugi akibat perbuatan melawan hukum oleh tenaga kesehatan diatur dalam Pasal 58 ayat (1) Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan. Akan tetapi, di Puskesmas Beutong dan Puskesmas Suka Mulia Kabupaten Nagan Raya, masih terdapat 2 (dua) kasus atas kesalahan tenaga kesehatan dalam pelaksanaan imunisasi. Penulisan artikel ini bertujuan untuk menjelaskan penyebab terjadinya kesalahan tenaga kesehatan dalam pelaksanaan imunisasi, untuk menjelaskan bentuk ganti rugi yang diberikan kepada peserta imunisasi yang mengalami kerugian. ...

: Certificate is an evidence tool based on Article 19 of the Act Number 5 Year 1960 regarding to ... more : Certificate is an evidence tool based on Article 19 of the Act Number 5 Year 1960 regarding to the Fundamental Rules of Agrarian (UUPA). However , in practice , the evidence degree of land o w ning certificate might be nullified by the evidence of opponent which was an underhand deed like a civil case Number 04/Pdt.G/2009/PN-Sgi so that the letter from the head of village brought by the prosecutor to the court could able to defeat the Usage Right Certificate that wa s brought by the defendant in the court . N ormative law method was used in this research. T he res ults show ed that the evidence degree of t he Usage Right Certificate Number 02 Year 1986 really depend ed on the belief and trust of the judges on the correct procedure of getting the Usage Right Certificate and the ability of the defendant in providing land boo k of the certificate in the court. Although the defendant had provided the certificate to prove that the disputed land was legally owned showing from the legal ...

IIUM Law Journal, 2021

This paper aims to explain the causes of child trafficking in Indonesia and the efforts made by t... more This paper aims to explain the causes of child trafficking in Indonesia and the efforts made by the Customary Institutions in preventing Child Trafficking in line with local wisdom values. This paper adopts normative juridical research by using the data collected through library research on regulations for child trafficking. The approach used is the historical approach and the conceptual approach. The role of Customary Institutions in Aceh and community involvement to prevent acts of violence and child exploitation is provided in the local law. The position and function of the Aceh Customary Institutions are dominant and can be used as a model of prevention of trafficking in children. Local wisdom is traceable in society despite some of these basic values are fading due to globalization and consumerism.

PT. Bank Aceh merupakan perusahaan perbankan daerah yang awalnya berbentuk bank konvensional namu... more PT. Bank Aceh merupakan perusahaan perbankan daerah yang awalnya berbentuk bank konvensional namun saat ini telah dikonversi menjadi Bank Umum Syariah (BUS). Perubahan sistem dari konvensional menjadi sistem syariah berdampak pada peralihan produk perbankan seperti kredit investasi menjadi pembiayaan murabahah. Landasan yang digunakan bank dalam mengalihkan atau mengkonversikan produk transaksi non-syariah yang telah berjalan menjadi transaksi syariah adalah dengan merujuk Fatwa DSN No. 31/DSN-MUI/IV/2002 tentang Pengalihan Utang. Utang nasabah tidak berpindah ke lain bank, akan tetapi utang tersebut dialihkan menjadi pembiayaan berdasarkan prinsip syariah. Selanjutnya, terdapat unsur dari ketentuan Fatwa MUI No.04/DSN-MUI/IV/2000 tentang murabahah yang belum terpenuhi pada tahap pelaksanaan akad pembiayaan. Namun, melalui ketetapan PBI nomor 9/19/PBI/2007 dan Surat Edaran BI No. 10/14/DPbS tanggal 17 Maret 2008 tentang Pelaksanaan Prinsip Syariah Dalam Kegiatan Penghimpunan Dana da...

Everyone who organizes, provides facilities, or finances Jarimah Maisir (gambling) in Aceh is pun... more Everyone who organizes, provides facilities, or finances Jarimah Maisir (gambling) in Aceh is punished under Article 20 of Qanun Jinayat. One of cases of organizing jarimah which attracted the attention of Acehnese in 2018 was the conviction decision for an operational manager and 4 (four) employees of Fundland Banda Aceh because they was proven for sure and convincingly carry out the jarimah. But in the case, only five of them were convicted, while the Fundland business owner who was domiciled in Medan was not asked for criminal liability. This study aims to explain the criminal liability of the business owner who provide gambling facilty impersonated as amusement park in Banda Aceh Fundland case and explain the factors that difficulted law enforcement against the business owner. This study is normative legal study, therefore the data used is secondary data. The study results showed that based on the theory of identification and vicarious liability theory in corporate criminal liab...

Student Journal of International Law, 2021

Law Number 25 Year 2007 on Capital Investment facilitates services and/or licensing of Land Right... more Law Number 25 Year 2007 on Capital Investment facilitates services and/or licensing of Land Rights to Use for investment. Article 22(a) stipulated that land Rights to Use (HGB) can be granted up to 95 years for land cultivation rights, up to 160 years for building use rights, and up to 140 years for land Rights to Use. However, land Rights to Use regulated in Qanun Number 14 Year 2017 on Aceh's Assets Management is only five years subject to certain conditions and requirements for extension. It is clear that there two legislations available in Aceh in terms of facilitating land license for investment. Therefore, a research question raised is which law is applied by the Government of Aceh to speed the process of land license for the investor? This study uses normative legal research by relying on primary and secondary legal resources. Primary legal resources were collected by analyzing related legislations, while secondary legal resources were obtained by reviewing associated lit...

LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum, 2018

This research aims to know the authority of the public prosecutor in applying the cancellation of... more This research aims to know the authority of the public prosecutor in applying the cancellation of marriage application at Mahkamah Syar’iyah Jantho. Article 22 of the Act Number 1, 1974 on Marriage states that a marriage bond might be cancelled if it failed to fulfill the requirement. However, in the practice at the Mahkamah Syariyah Jantho, the prosecutor has never been conducted such authority. This research aims to explore the reasons of the Public Prosecution Office has never been applying for the invalid marriage and legal consequence for the prosecution office when it fails to conduct its duties. This is field research, by using a juridical empirical approach. The research findings are the public prosecution office might apply for r the marriage cancellation towards marriage as ruled in Article 23 point c of the Marriage Act due to reasons for the Prosecution Office that has never been applying is due to the reason that there is no special explanation regarding the matter and ...

Kanun Jurnal Ilmu Hukum

The laws and regulations in Indonesia recognize various legal forms of companies; however, the le... more The laws and regulations in Indonesia recognize various legal forms of companies; however, the legal form of a Limited Liability Company is considered to have better business prospects. Limited Liability Company also becomes a legal form of a company that can conduct business in all business fields. This condition has led to the practice of changing the legal form of companies in Indonesia from companies with certain legal forms to the legal form of Limited Liability Companies. This change in the legal form of the company is not covered by a special law that can combine the needs of changing the legal form of the company. In practice, this change in legal form is carried out in various ways that may result in legal uncertainty on one hand, and licensing difficulties as a result of a change in legal form on the other hand. Therefore, a new concept that can create legal certainty and ease doing of business in changing the legal form of companies in Indonesia is needed.

AL-IHKAM: Jurnal Hukum & Pranata Sosial

The implementation of caning law in Aceh Province is still sporadic due to a lack of coordination... more The implementation of caning law in Aceh Province is still sporadic due to a lack of coordination among the government institutions involved in caning law. Then, the prison infrastructure to impose the canning law is also not ade-quate, and socialization has also not been fully carried out. Besides, in deter-mining the location of the caning, Islamic law requires the fulfillment of two principles namely “open space” and “visible” to the public. Furthermore, the law that guides the implementation of sharia in Aceh does not regulate detail of where the caning can be executed. Hence, the issues that need to be scruti-nized in this study are about shifting the norm from “open space" to “prison space” and why there is a disparity in determining the place of caning sentenc-es. This study uses a normative legal method by relying on secondary data. All collected data were analyzed by using qualitative analysis. The results show that there has been a shifting norm from "open space&...

Gender Equality: International Journal of Child and Gender Studies, 2018

Salah satu kewajiban orangtua pasca terjadinya perkawinan adalah memelihara, melindungi, mendidik... more Salah satu kewajiban orangtua pasca terjadinya perkawinan adalah memelihara, melindungi, mendidik dan mengasuh anak hingga dewasa. Penentuan orang yang mengasuh anak pasca perceraian sangat ditentukan oleh putusan hakim. Adakalanya hak asuh anak diberikan kepada ibu dan ada pula hak asuh anak diberikan kepada ayah seperti putusan Nomor 55/Pdt.G/2012/Ms-Bna (kepada ibu dan ayah), Putusan Nomor 65/Pdt.G/2011/MS-Bna (kepada ayah), Putusan Nomor 66/Pdt.G/2012/MS-Bna (kepada ayah), Putusan Nomor 225/Pdt.G/2009/MS-BNA (kepada ibu), Putusan Nomor 261/Pdt.G/2010/MS-BNA (kepada ibu). Penelitian ini bertujuan untuk mengetahui dasar pertimbangan hakim menetapkan pengasuh anak, tinjauan yuridis dan konsekuensi hukum terhadap penetapan hak asuh anak pasca perceraian. Penelitian normatif ini menggunakan bahan hukum primer berupa UU No. 1 Tahun 1974, bahan hukum sekunder berupa putusan hakim dan bahan hukum tersier berupa kamus dan eksiklopedia hukum. Penyajian data dilakukan secara deskriptif dan...

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019), 2020

This study aimed to examine how the function and position of the Regional Head as an Official of ... more This study aimed to examine how the function and position of the Regional Head as an Official of Civil Servant Apparatus guarantees justice in the development of the Career of Regional Civil Servants and how the Concept of Career Development of Regional Civil Servants in Good Local Government Governance. The method of approach used was the socio-legal approach (socio-legal study), a study that reviews the law as a social fact that can be observed and lives in society as a behavioral value in realizing social institutions or social institutions, legal studies of theorizing and define law as a positive and empirical social fact. The results of the study showed that to realize good management of regional civil servants, the head of the regional government must exercise his authority as an Official Guiding Regional civil servant and create concepts of career development, promotion, placement in accordance with the expertise, and education and training for civil servants to guarantee the rights and obligations, a sense of justice, maintain neutrality as a servant of the state, improve the quality of professionalism, performance, competence of local civil servants to realize excellent public service. Local governments must have an ideal plan, such as a staffing master plan. In terms of promotion of the position assigned to civil servants, they must undergo a series of competency tests, such as the Assement Test, Psychotest, fit and proper test. In terms of developing career patterns, a civil servant must be considered for the his working experience up to the working achievements he has achieved through the assessments conducted by superiors, rewarding and punishment, by showing good performance in terms of improving the quality of human resources to support the development acceleration in the area by awarding the employees who perform best, and for those who do not show work performance, punishment must be given.

Proceedings of the 1st International Conference on Law and Human Rights 2020 (ICLHR 2020), 2021

The right to health is universally recognized through Article 25 paragraph (1) of Universal Decla... more The right to health is universally recognized through Article 25 paragraph (1) of Universal Declaration of Human Rights saying that everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Every country in the world including Indonesia that becomes a party to human rights treaty has addressed health-related rights including the right to health and a number of rights related to conditions necessary for health. Right to health encompasses all socioeconomic , environmental and legal issues that have any direct implication on health. Therefore, the steps to be taken by the states parties shall include prevention, treatment and control of epidemic, endemic, occupational and other diseases. Under this framework, the state has duties to ensure the rights of its citizens to enjoy healthy life. In this matter, the state is duty-bound legally to provide basic minimum rights for securing health, including easily accessible and affordable good quality health care for all. Since Indonesian government had declared corona virus disease 2019 (Covid-19) as a national disaster on 2nd March 2020, every facet of society has changed dramatically. Consequently, Indonesian citizens feel threatened by the virus. Then, late response from the government has made them vulnerable to the pandemic. It was not until 13th March 2020 the Indonesian government reacted to the crisis by setting up the Task Force for Rapid Response to Covid-19 under Presidential Decree Number 9 year 2020. By then, the spread of corona virus becomes a core concern for Indonesian Government. Indonesian Task Force for Rapid Response to Covid-19 announced that as of 25th October 2020 there were 389,712 people were infected by Corona virus. Among them 313,764 people were recovered (80.51%) and 13,299 people died (3.41%) and 62,649 people were hospitalized (16.07%). These data have made Indonesia as one of the most vulnerable countries in the world. The increase in death cases in Indonesia should be a worrying sign for Indonesian Government and now the government is entering a situation of being alert to the spread of this corona virus. In anticipating this situation Indonesian Government has implemented several recommendations for the prevention of this virus outbreak centrally through the health protocol. Society is obliged to apply social distance, selfisolation, clean living behaviors, and healthy living with nutritious food consumption. In short, the government must take a full role in providing alternatives as the way out to ensure the right to health for all citizens. Drawing on the above description, this paper scrutinizes the state responsibility in terms of providing health care for all citizens as human rights during Covid-19 pandemic in Indonesia.

Beijing Law Review, 2022

One of the authentic deeds is made by a notary, by the law on the position of a notary, namely la... more One of the authentic deeds is made by a notary, by the law on the position of a notary, namely law number UU No. 30 of 2004 concerning the position of a notary which was later amended by Law no. 2 of 2014 concerning amendments to Law no. 30 of 2004 concerning the Position of Notary (UUJN), hereinafter referred to as UUJN. The negligence of notaries is mostly their negligence, there are several cases regarding article 41 of the UUJN, both regarding article 38 regarding organs, for example, such as neglecting information regarding the position of acting in front of them which is not even contained, both a description of the signing and the place of signing. The purpose of this study is to find out and explain the position of the deed issued by a notary containing the elements of article 41 UUJN, to know and explain the responsibility of the notary to fulfill the elements of article 41 UUJN, and to find out and explain the role of the authorized institution in fulfilling the elements of article 41 UUJN. This study uses a juridical-normative approach, which examines secondary data by conducting a literature study. The research phase was carried out through library research and field research. Data collection techniques used are document studies and interviews to obtain primary data, which are used to support secondary data. The results obtained are that firstly, the position of a notary deed is very important in the law of proof in Indonesia. So the position of an authentic deed is a legal document and a perfect means of proof. Second, a notary's responsibilities as a public official include the notary profession's responsibilities relating to the deed, such as the Notary which is responsible for civil and criminal matters for the deed he made.

This thesis is about localised responses to a Foreign Direct Investment (FDI) project located in ... more This thesis is about localised responses to a Foreign Direct Investment (FDI) project located in the Aceh Besar District of Indonesia. It is intended as an inquiry into how locality is created by the encroachment of the FDI project and how locality motivates responses and strategies by local people. The FDI project in question is the Indonesian operation of a French cement multinational, Lafarge Cement Indonesia (hereafter called LCI). This company started to produce cement for domestic and export use in the 1980s, attracted to the region by the stocks of limestone found there. Since that time, it cannot be denied that the project has delivered on many of the promises of benefit that proponents of FDI associate with such projects. The project has endured, along with local subjects, a natural disaster of unprecedented proportions in 2004 when a tsunami struck the region, causing around 300,000 deaths in all of Aceh and untold destruction. But at the same time, the project has brought...

Jurnal Geuthèë: Penelitian Multidisiplin, 2020

Surat An-Nisa ayat 35 menyatakan bahwa satu tahapan penyelesaian sengketa (rumah tangga) haruslah... more Surat An-Nisa ayat 35 menyatakan bahwa satu tahapan penyelesaian sengketa (rumah tangga) haruslah mengutuskan seorang hakam (juru damai) dengan tujuan agar permasalahan mencari sumber masalah diantara keduanya dan kemudian mendamaikan kembali keduanya. Penjelmaan ayat tersebut tercermin dalam prilaku masyarakat adat Aceh dimana dalam penyelesaian permasalahan cek-cok (perselisihan ringan) dalam rumah tangga diselesaikan melalui peradilan adat dengan harapan para pihak yang bersengketa bisa saling memaafkan, rukun, damai dan tidak lagi mengulagi kesalahan yang sama.

Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences, 2021

This study aims to explain the limits and responsibilities of the position carried out by the not... more This study aims to explain the limits and responsibilities of the position carried out by the notary in registration of Commanditaire Vennootschap (CV) online through the business entity administration system. The research method used in this research is normative juridical using a statutory and conceptual approach. The collection of research materials is carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results showed that the notary was only authorized and responsible for the creation of the deed of CV. Notary cannot receive power of attorney because it contradicts the UUJN which has been stipulated authority and responsibility attached to the position of a Notary. With the enactment of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 17 of 2018. Registration of CV which was previously in the District Court is delegated to the Mini...

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019), 2020

An agreement should meet requirements regulated in Article 1320 of the Civil Code, and agreement ... more An agreement should meet requirements regulated in Article 1320 of the Civil Code, and agreement for Sharia Pawnshop is without exception. The province of Aceh is the strongest base for Sharia pawnshop. There are two factors considered essential regarding the Sharia Pawnshop in Banda Aceh, i.e. the type of agreement between debtors and the shop and the settlement of default dispute. To examine those two factors, the author conducted an empirical study with a descriptive-analytical approach. The research results showed that the contract between the Pawnshop and the debtors was stated in the form, agreed upon and filled in by both parties.

Proceedings of the International Conference on Law, Governance and Islamic Society (ICOLGIS 2019), 2020

Each adherents of religion in a country have rights and obligations. Indonesia is a country of la... more Each adherents of religion in a country have rights and obligations. Indonesia is a country of law which is predominantly Muslim. Islam also has regulations of its own in arranging the rights and obligations of the followers. Indonesian state which adheres to the rule of law certainly regulates the relationship between followers of one religion and those of other religions so that if a problem occurs legally it can be resolved and each adherent of the religion knows his rights and obligations. This paper scrutinizes the Rights and Obligations set out in Islam and regulations in Indonesia towards respective faiths. The method used in this study is Juridical Normative methods and the approach applied for this study is qualitative approach and comparative study. The results indicate that the Rights and Obligations of the followers of the religion which is set in Islam is the right to choose a religion and the obligation to respect the religious choice, the Rights and Obligations to safeguard and maintain the dignity of all religious adherents, the Rights and Obligations not to be insulted and do not insult the beliefs and worship of religious believers, the Rights and Obligations to guard and guard the places of worship of all religious adherents, the Rights and Obligations to get the same treatment before the law. The rights of each religion follower in regulation in Indonesia include: the Right to freedom to embrace religion and the obligation to respect the freedom of each religious adherent in choosing religion, the Right to religion or worship according to their respective religions and beliefs, and Obligation to respect and appreciate the difference of religion in the running of worship according to their religion or belief the right to legal protection from the state, and the Right to equal treatment before the law as well as the obligation to comply with any matter that has been set that related to religion.

Di dalam Pasal 1365 Kitab Undang-Undang Hukum Perdata dinyatakan bahwa, “tiap perbuatan yang mela... more Di dalam Pasal 1365 Kitab Undang-Undang Hukum Perdata dinyatakan bahwa, “tiap perbuatan yang melanggar hukum yang membawa kerugian kepada orang lain mewajibkan orang yang karena salahnya menerbitkan kerugian itu, mengganti kerugian tersebut”. Salah satu bentuk perbuatan melawan hukum adalah kesalahan tenaga kesehatan dalam pelaksanaan imunisasi yang mewajibkan tenaga kesehatan atas salahnya mengganti kerugian tersebut. Lebih khusus aturan tentang ganti rugi akibat perbuatan melawan hukum oleh tenaga kesehatan diatur dalam Pasal 58 ayat (1) Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan. Akan tetapi, di Puskesmas Beutong dan Puskesmas Suka Mulia Kabupaten Nagan Raya, masih terdapat 2 (dua) kasus atas kesalahan tenaga kesehatan dalam pelaksanaan imunisasi. Penulisan artikel ini bertujuan untuk menjelaskan penyebab terjadinya kesalahan tenaga kesehatan dalam pelaksanaan imunisasi, untuk menjelaskan bentuk ganti rugi yang diberikan kepada peserta imunisasi yang mengalami kerugian. ...

: Certificate is an evidence tool based on Article 19 of the Act Number 5 Year 1960 regarding to ... more : Certificate is an evidence tool based on Article 19 of the Act Number 5 Year 1960 regarding to the Fundamental Rules of Agrarian (UUPA). However , in practice , the evidence degree of land o w ning certificate might be nullified by the evidence of opponent which was an underhand deed like a civil case Number 04/Pdt.G/2009/PN-Sgi so that the letter from the head of village brought by the prosecutor to the court could able to defeat the Usage Right Certificate that wa s brought by the defendant in the court . N ormative law method was used in this research. T he res ults show ed that the evidence degree of t he Usage Right Certificate Number 02 Year 1986 really depend ed on the belief and trust of the judges on the correct procedure of getting the Usage Right Certificate and the ability of the defendant in providing land boo k of the certificate in the court. Although the defendant had provided the certificate to prove that the disputed land was legally owned showing from the legal ...

IIUM Law Journal, 2021

This paper aims to explain the causes of child trafficking in Indonesia and the efforts made by t... more This paper aims to explain the causes of child trafficking in Indonesia and the efforts made by the Customary Institutions in preventing Child Trafficking in line with local wisdom values. This paper adopts normative juridical research by using the data collected through library research on regulations for child trafficking. The approach used is the historical approach and the conceptual approach. The role of Customary Institutions in Aceh and community involvement to prevent acts of violence and child exploitation is provided in the local law. The position and function of the Aceh Customary Institutions are dominant and can be used as a model of prevention of trafficking in children. Local wisdom is traceable in society despite some of these basic values are fading due to globalization and consumerism.

PT. Bank Aceh merupakan perusahaan perbankan daerah yang awalnya berbentuk bank konvensional namu... more PT. Bank Aceh merupakan perusahaan perbankan daerah yang awalnya berbentuk bank konvensional namun saat ini telah dikonversi menjadi Bank Umum Syariah (BUS). Perubahan sistem dari konvensional menjadi sistem syariah berdampak pada peralihan produk perbankan seperti kredit investasi menjadi pembiayaan murabahah. Landasan yang digunakan bank dalam mengalihkan atau mengkonversikan produk transaksi non-syariah yang telah berjalan menjadi transaksi syariah adalah dengan merujuk Fatwa DSN No. 31/DSN-MUI/IV/2002 tentang Pengalihan Utang. Utang nasabah tidak berpindah ke lain bank, akan tetapi utang tersebut dialihkan menjadi pembiayaan berdasarkan prinsip syariah. Selanjutnya, terdapat unsur dari ketentuan Fatwa MUI No.04/DSN-MUI/IV/2000 tentang murabahah yang belum terpenuhi pada tahap pelaksanaan akad pembiayaan. Namun, melalui ketetapan PBI nomor 9/19/PBI/2007 dan Surat Edaran BI No. 10/14/DPbS tanggal 17 Maret 2008 tentang Pelaksanaan Prinsip Syariah Dalam Kegiatan Penghimpunan Dana da...

Everyone who organizes, provides facilities, or finances Jarimah Maisir (gambling) in Aceh is pun... more Everyone who organizes, provides facilities, or finances Jarimah Maisir (gambling) in Aceh is punished under Article 20 of Qanun Jinayat. One of cases of organizing jarimah which attracted the attention of Acehnese in 2018 was the conviction decision for an operational manager and 4 (four) employees of Fundland Banda Aceh because they was proven for sure and convincingly carry out the jarimah. But in the case, only five of them were convicted, while the Fundland business owner who was domiciled in Medan was not asked for criminal liability. This study aims to explain the criminal liability of the business owner who provide gambling facilty impersonated as amusement park in Banda Aceh Fundland case and explain the factors that difficulted law enforcement against the business owner. This study is normative legal study, therefore the data used is secondary data. The study results showed that based on the theory of identification and vicarious liability theory in corporate criminal liab...

Student Journal of International Law, 2021

Law Number 25 Year 2007 on Capital Investment facilitates services and/or licensing of Land Right... more Law Number 25 Year 2007 on Capital Investment facilitates services and/or licensing of Land Rights to Use for investment. Article 22(a) stipulated that land Rights to Use (HGB) can be granted up to 95 years for land cultivation rights, up to 160 years for building use rights, and up to 140 years for land Rights to Use. However, land Rights to Use regulated in Qanun Number 14 Year 2017 on Aceh's Assets Management is only five years subject to certain conditions and requirements for extension. It is clear that there two legislations available in Aceh in terms of facilitating land license for investment. Therefore, a research question raised is which law is applied by the Government of Aceh to speed the process of land license for the investor? This study uses normative legal research by relying on primary and secondary legal resources. Primary legal resources were collected by analyzing related legislations, while secondary legal resources were obtained by reviewing associated lit...

LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum, 2018

This research aims to know the authority of the public prosecutor in applying the cancellation of... more This research aims to know the authority of the public prosecutor in applying the cancellation of marriage application at Mahkamah Syar’iyah Jantho. Article 22 of the Act Number 1, 1974 on Marriage states that a marriage bond might be cancelled if it failed to fulfill the requirement. However, in the practice at the Mahkamah Syariyah Jantho, the prosecutor has never been conducted such authority. This research aims to explore the reasons of the Public Prosecution Office has never been applying for the invalid marriage and legal consequence for the prosecution office when it fails to conduct its duties. This is field research, by using a juridical empirical approach. The research findings are the public prosecution office might apply for r the marriage cancellation towards marriage as ruled in Article 23 point c of the Marriage Act due to reasons for the Prosecution Office that has never been applying is due to the reason that there is no special explanation regarding the matter and ...