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All Journal Media Hukum Indonesia (MHI)
Pakpahan, Firly Natasha
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Law, Crime, Criminology & Criminal Justice

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Perspektif Hukum Adat terhadap Kasus Jarimah Zina Berdasarkan Qanun Jinayat Aceh Pakpahan, Firly Natasha; Andita, Naufalia; Tazkia, Rahma; Syauqi, Za’im Syaban
Media Hukum Indonesia (MHI) Vol 2, No 4 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14307286

Abstract

Aceh is a province with special autonomy that implements customary law and Islamic Sharia in societal life, as regulated in “Article 1, Paragraph 2 of Law No. 18 of 2001”. Customary law in Aceh is an integral part of Indonesia's legal system, rooted in the traditions, culture, and Islamic values embraced by the Acehnese people. This law governs various aspects of life, some of which focus on community governance and Islamic criminal law. Within the context of Aceh's special autonomy, customary law is recognized and implemented alongside national law. With the coexistence of dual criminal law systems in Aceh, namely the Qanun Jinayat and the Indonesian Criminal Code (KUHP), it underscores the significant role of Islamic law in addressing criminal acts, including cases of adultery (zina). This article examines the implementation of customary law in Aceh that aligns with Islamic Sharia, the fostering of customary life through the application of Islamic Sharia in traditional life as regulated by Aceh's Qanun, the customary judiciary in Aceh, and the enforcement of sanctions based on the Qanun Jinayat, particularly related to the crime of zina.
Analisis Yuridis Pemutusan Sepihak dalam Kasus Perjanjian Kerja Sama Pengelolaan dan Pemanfaatan Limbah B3 oleh PT Chuhatsu Indonesia terhadap PT Tenang Jaya Sejahtera Zulfariza, Alya Annisa; Pakpahan, Firly Natasha; Rahman, Naziva Azahra; Putri, Audrey Rasya Novianto; Tarina, Dwi Desi Yayi
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15493173

Abstract

Unilateral termination of agreements is often encountered, where one party unilaterally terminates an agreement that was initially made based on mutual consent. This situation is similar to the case involving PT. Chuhatsu Indonesia and PT. Sejahtera. In addressing this case, the Supreme Court (MA) opined that if one party that has entered into an agreement with another party unilaterally terminates the agreement, the terminating party is deemed to have committed an unlawful act (PMH). The Supreme Court's (MA) opinion is stated in Decision Number 1051 K/Pdt/2014 (PT. Chuhatsu Indonesia vs. PT. Tenang Jaya Sejahtera), dated November 12, 2014. According to the Supreme Court (MA), unilateral termination of an agreement violates Article 1338 of the Indonesian Civil Code (KUHPerdata) and the legal stance it has explained, where the Supreme Court views unilateral termination of an agreement as an unlawful act, which has become a permanent jurisprudence in the Supreme Court. This is because the Supreme Court has consistently applied this legal stance in all rulings involving similar issues since 2014. To further identify this matter, using a juridical method with a legislative approach, the author focuses on analyzing the legal implications of the termination of the agreement by PT. Chuhatsu Indonesia against PT. Tenang Jaya Sejahtera on November 12, 2014.
Pelanggaran Ham Dalam Tragedi Kanjuruhan 2022: Perspektif Keadilan dan Perlindungan Hak Asasi Manusia Agustin, Elinda Azis Tri; Mumtaz, Khansa Khairunnisa; Mapandiy, Vivian Daniella; Zulfariza, Alya Annisa; Pakpahan, Firly Natasha; Rahman, Naziva Azzahra; Putri, Audrey Rasya Novianto; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Human rights (HAM) guarantee protection and justice for every individual, including in organizing sporting events. Although regulated in national and international regulations, human rights violations still often occur, especially in excessive crowd control. The Kanjuruhan tragedy on October 1, 2022 is clear evidence of this negligence. The incident caused 135 fatalities and hundreds more were injured due to mass panic triggered by the use of tear gas in the stadium. This incident highlighted the weakness of the security system and the lack of protection for supporters. The actions of the authorities in the Kanjuruhan tragedy were considered excessive and violated FIFA regulations, especially the use of tear gas which actually worsened the situation. In response, the government formed an Independent Joint Fact-Finding Team (TGIPF) to investigate this incident and take action against those responsible. However, many consider that the verdict against the defendant does not reflect justice for the victims and their families. This tragedy is a bitter reminder of the weakness of security in stadiums, encouraging reform and improvement of regulations for the safety of spectators. This study emphasizes the importance of a more humane security policy, where security is not only effective but also respects human rights. Comprehensive reform and strong commitment to human rights protection are important steps to prevent similar incidents from happening again in the future.
Co-Authors Agustin, Elinda Azis Tri Andita, Naufalia Dwi Desi Yayi Tarina Mapandiy, Vivian Daniella Mulyadi M, Mulyadi Mumtaz, Khansa Khairunnisa Putri, Audrey Rasya Novianto Rahman, Naziva Azahra Rahman, Naziva Azzahra Syauqi, Za’im Syaban Tazkia, Rahma Zulfariza, Alya Annisa