Journal Scientia Iustitiae

The Perspective of Islamic law on the System of Borrowing Money with Land as Collateral (sande) in South Bengkulu Regency

Akhmad Akhmad — 2024-12-23

This study examines the practice of borrowing money with land as collateral (Sande) in South Bengkulu Regency from the perspective of Islamic law. The practice, rooted in local tradition, offers a quick and accessible means for individuals to address urgent financial needs without engaging with conventional financial institutions. The Sande system is characterized by mutual agreement between the pledgor and the pledgee, involving land as a pledged asset for the loan. While generally aligned with Islamic legal principles, such as honesty, transparency, and fairness in transactions, some practices raise concerns, particularly when the pledgee’s benefits exceed the value of the collateral, challenging the ethical boundaries of the agreement.

Enforcing Environmental Criminal Law Based on Environmental Legislation: A Case Study of Damage to River Channels and Rice Fields Due to Class C Mineral Processing

Okti Ernalia — 2024-12-23

In the case of environmental damage due to sand and stone mining, in the last period development activities in all sectors in Kaur Regency have continued to increase from year to year. Until 2024, sand and rock mining will still be a problem in Bengkulu province. One of the sand and stone mines is in Kaur district, precisely in Pulau Panggung village, Luas district. Sand and stone mining is carried out on the Air Luas river. This causes a decrease in the quality of discharge and changes in river mining, resulting in river water evaporating and causing flash floods in the rice field areas around the Luas River in Pulau Panggung Village. The research method used is an empirical research method with data collection tools through observation and interviews. Law enforcement regarding mining activities without a permit on Panggung Island takes 2 ways, namely persuasive compromise towards mining without a micro scale permit which generally has a weak economic background and low education, middle age to fulfill daily living needs and repressive law enforcement against the perpetrators. other mining on a medium scale and long term. The most dominant factor influencing the enforcement of mining laws without permits is political factors, where the central government sees the authority of regents and mayors as an obstacle in running the government. Furthermore, there are apparatus resource factors, community perception factors, and community culture. It is necessary to periodically reorient the government apparatus in the mining sector and related parties so that there is a balance between the exercise of authority and the fulfillment of duties and a complete understanding of the moral message contained in the constitution is formed in seeking the greatest prosperity of the people and preventing wrong assumptions. about the power he has. The Central & Regional Governments need to immediately provide life skills training to small communities and direct them as micro and small business actors in the natural tourism and culinary sectors so that the tendency to carry out micro-scale PETI can be minimized.

Legal Analysis of Suspect Determination and Asset Recovery in PIID-PEL Corruption Case, Sukau Kayo Village, Lebong, 2019

Ikhram Nur Azan — 2024-12-27

The process of investigating the corruption case of the Village Innovation Incubation Pilot-Local Economic Development (Program Pilot Inkubasi Inovasi Desa Pengembangan Ekonomi Lokal - PIID-PEL) in Sukau Kayo Village for the 2019 Fiscal Year has named three suspects and confiscated IDR 71,000,000 in cash (seventy-one million rupiah). The aims of this research are: (1). To understand the process of evaluating evidence to identify suspects in Corruption Crime cases, and (2). To find out how Lebong Police Criminal Investigation Unit Corruption Unit investigators make efforts to return assets for criminal acts of corruption (Asset Recovery) during investigations of Corruption Crimes in PIID-PEL Kemendes PDTT RI activities in Kec. Upper Lebong District. Lebong Fiscal Year of 2019. This type of research is empirical research. By using qualitative methods. Data collection was carried out by in-depth interviews and secondary data collection. The results of this research show: (1) The process of assessing evidence to determine a suspect in this case is by the Investigator and Assistant Investigator assessing 4 (four) pieces of evidence in the form of witness statements, expert statements, letters, and suspect statements, which are based on the results of the assessment. This indicates a legal subject that is suspect and strongly suspected of committing a criminal act of corruption (2) The way investigators from the Corruption Unit of the Lebong Police Criminal Investigation Unit make efforts to return the assets of criminal acts of corruption (Asset Recovery) at the investigation stage is by carrying out asset tracking. (asset tracing) where the results of the investigator's asset tracking activities obtain information about the flow of money and the investigator makes confiscation efforts.

Criminal Liability The Dissemination of Immoral Photos on Whatsapp Social Media

Adega Putra Humaam — 2025-01-13

This study aims to determine the regulation of criminal acts of spreading immoral photos on social media in positive law in Indonesia and to determine criminal liability for spreading immoral photos on Whatsapp social media. This research uses normative legal research methods. The normative research method is library legal research which is carried out by examining secondary legal materials or literature studies. The types of approaches used are the Statute Approach and the case approach. The results of the study show that the legal regulation of the criminal act of disseminating immoral photos is regulated in Article 281 to Article 283 of the Criminal Code, Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions and Law 44 of 2008 concerning Pornography. The criminal responsibility of the perpetrator has fulfilled all the elements in accordance with the indictment by the public prosecutor with an alternative charge of Article 27 paragraph (1) of the ITE Law, so the perpetrator must be declared legally and convincingly proven to have committed a criminal offense as charged in the first alternative charge, based on decision Number: 9/Pid.sus/2023/Pn.Mna, the perpetrator of the crime of spreading indecent photos on social media in Manna City, South Bengkulu was sentenced to imprisonment for 10 (ten) months and a fine of Rp50,000,000.00.

Recognition And Protection of Indigenous Peoples in Seluma Regency

Fahmi Arisandi — 2025-01-15

Regions become an important arena in recognizing the rights of indigenous peoples. The authority of regions to recognize indigenous peoples has strengthened along with the decentralization that was rolled out after the New Order regime through Law Number 22 of 1999 concerning Regional Government. The spirit of regional autonomy is in line with the hopes of indigenous peoples throughout the archipelago to once again voice the importance of recognizing the rights of indigenous peoples who for a long time have experienced various denials of their identity as part of the Unitary State of the Republic of Indonesia. In such an atmosphere, the government responded to the demands of indigenous legal communities by giving authority to regional governments to determine the existence and rights of indigenous peoples. The research method used in this journal is a literature review method and uses a normative juridical and qualitative approach. This literature research method is used to examine the political protection of the formation of laws and regulations for Indigenous People’s by exploring concepts, regulations and implementation through relevant materials. A normative juridical approach is used to analyze legal aspect, while a qualitative approach is used to analyze the views and perceptions regarding the recognition and protection of indigenous people’s rights in Seluma Regency. Post-reform, the recognition and protection of indigenous peoples has undergone political and legal changes, both in terms of laws and constitutional court decisions. These changes delegate authority to local governments to recognize and protect indigenous peoples. In line with these political and legal changes, the Seluma Regency Government has issued Regional Regulation Number 3 of 2022 concerning Procedures for Recognition and Protection of Indigenous Peoples in Seluma Regency and in September 2024 based on recommendations from the Indigenous Peoples Committee, the Regent of Seluma Regency has issued a Decree concerning the Determination of Recognition and Protection of the Indigenous Communities of Serawai Pasar Seluma, Arang Sapat, Napal Jungur, Lubuk Lagan, and Semidang Sakti Pering Baru.