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Contact Name
Asram AT Jadda
Contact Email
asram77@yahoo.co.id
Phone
+6281230293103
Journal Mail Official
madanilegalreview@gmail.com
Editorial Address
Lapadde Mas Kota Parepare
Location
Kota pare pare,
Sulawesi selatan
INDONESIA
Madani Legal Review
ISSN : 25979353     EISSN : 25806319     DOI : -
Core Subject : Social,
Fokus dari Jurnal ini untuk menyediakan sebuah wadah baik akademisi, peneliti, praktisi untuk mempublikasikan hasil-hasil penelitian dan bidang cakupannya sesuai dengan topik Jurnal yakni membahas masalah Hukum, diantaranya: Hukum Pidana, Hukum Perdata, Hukum Internasional, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Islam, Hukum dan HAM, Hukum Ekonomi Bisnis, ekonomi syariah, Hukum Kesehatan, Hukum Lingkungan, Hukum Adat, Filsafat Hukum, Sosiologi Hukum, Psikologi Hukum, Hukum Pajak dan HAKI.
Articles 34 Documents
PERJANJIAN KREDIT KONVENSIONAL DAN AKAD PEMBIAYAAN SYARIAH DALAM SISTEM PERBANKAN Miftah Idris
Madani Legal Review Vol 1 No 1 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (567.664 KB) | DOI: 10.31850/malrev.v1i1.27

Abstract

In distribution of fund, the system adopted by conventional banking and Islamic banking is almost the same in distributing the fund with the provision of credit and of financing by banks to their customers. There is specifically legal basis of contract (aqad) that distinguishes where conventional banking is based on the contract law in Burgerlijk Wetboek and Islamic banking is based on aqad law stipulated in Islamic Sharia (Islamic Law). Problems studied in this research is how the credit contract in the conventional banking and how aqad financing in islamic banking are actually. To know the problem, it will be used descriptive study using secondary data as the data source of this research and then analyzed qualitatively. Thus concluded that the credit contract is a beginning process between the creditor and debtor which are applied in the conventional banking system in its efforts to develop funds collected and also to utilize the funds with the best. But Islamic banking financing adheresses to the profit and loss sharing system that has a unity concept in facing of risk and benefit and also existed justice in bussiness is the basic principle of Islamic banking system.
MENJERAT KORPORASI DALAM TINDAK PIDANA KORUPSI Firmansyah
Madani Legal Review Vol 1 No 1 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (789.191 KB) | DOI: 10.31850/malrev.v1i1.28

Abstract

Corruption is a crucial issue that requires extraordinary handling so that it is known as one of the extra ordinary crime regime, then made a special law on the issue of Corruption and created a special agency to handle corruption in this case is the Corruption Eradication Commission which in the process of handling rarely entrenched Corporations As the Subject of Law to be held accountable. This journal aims to find out Problems related to the problems of Corporations in Corruption as well as to know the steps to ensnare Corporations in corruption. This journal uses the normative juridical method. While the analysis with descriptive method. The results of this paper is in the case of corruption is the time to ensnare the corporation, where in the case of corruption involves many corporations, because one of the goals of handling corruption is the state financial recovery (assat recovery) and The efforts to ensnare corporations as subjects in corruption cases By using L.Friedman's legal system approach that is related to the substance or rules related to the corporation must be clear and detailed, both related to the structure, that there must be communication between law enforcement officers, and the last is the legal culture that is political will from law enforcement officers.
KONFIGURASI UUD 1945 DAN AMANDEMEN UUD 1945 Hasananuddin Hasan
Madani Legal Review Vol 1 No 1 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (528.289 KB) | DOI: 10.31850/malrev.v1i1.29

Abstract

The Constitution is the legal basis of state owned by each State. Indonesia as a unitary state in the form of a republic and the State of law is concerned with all aspects of the problem with the applicable law, the constitution in this case the 1945 Constitution as the basis of the state of Indonesia becomes the norm of normality at any time change, Indonesia since 1945 until now has made changes in the amendment form to the 1945 Constitution in 1999-2002, this change is due to the 1945 Constitution or the old order is no longer appropriate with the development at that time. The amendment results provide the legal configuration of law within the State of Indonesian law, and its value: to reduce the power of the State's establishment, to strengthen the legislative body, to promote human rights, to complement State institutions and to improve the 1945 Constitution in terms of literal, grammatical, historical, sociological, socio-historical, futuristic, holistic, thematic to systematic-thematic holistic.
PENJATUHAN PIDANA DI BAWAH ANCAMAN PIDANA MINIMUM DARI KETENTUAN UNDANG-UNDANG NO. 35 TAHUN 2009 TENTANG NARKOTIKA Sadriyah Mansur
Madani Legal Review Vol 1 No 1 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.302 KB) | DOI: 10.31850/malrev.v1i1.30

Abstract

This research aimed to investigate the considerations of the judges in stating the sentence which was under the minimum criminal threat as stated in the Ordinance No. 35 of 2009 concerning narcotics: and to investigate the impacts of the criminal punishment of the judges which was under the minimum criminal punishment concerning the legal principles. The research was a normative and empirical research, and the technique of analyzing the data both the primary and secondary data was a qualitative technique. The results of the analysis were presented descriptively in order to illustrate the bases of the judges? consideration in deciding in the Criminal punishment which was less than the minimum criminal punishment in the their sentence no. 17/Pid.B/2014/PN.Pinrang, less than minimum punishment and the legal principles. The research result  indicates that bases of he consideration of the judges in stating the punishment less than the minimum sanction in the sentence No. 17/Pid.B/2014/PN.pinrang were the freedom principles of the judges in doing the legal softening and the legal construction by considering the justice sense: meaning when the legal construction by considering the justice sense: meaning when the legal certainly was in opposite to the justice, the justice should be given a priority, since the judges were not the trumpets of the laws (bouche de la loi or spreekbuis van de wet).
PROBLEMATIKA TINDAK PIDANA ITE DALAM PERSFEKTIF SISTEM HUKUM Firmansyah
Madani Legal Review Vol 1 No 2 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (352.494 KB) | DOI: 10.31850/malrev.v1i2.31

Abstract

Criminal Act of ITE or cyber crime is a new form of dimension of crime of the present which previously did not know, then the necessary tools to accommodate criminal acts committed in cyberspace, such as the Law related to it, this Journal aims to know the related Problems the problem of the crime of ITE as well as to know the efforts of handling ITE crime. This journal uses the normative juridical method. While the analysis with descriptive method kualitatif. The results of this paper Cybercrime problem is a very complex issue both related to legal issues, such as jurisdiction issues that are Problems related to power or authority, namely who is in charge of the internet world, Another issue is related to ethics and morals related to good and bad values and the steps taken in cyber crime is focused on the substance of regulatory issues namely the harmonization of rules of law in various countries, the problem of structures in which the state must be pro-active such as attending international forums related to cyber crime, giving training to the apparatus, and from legal culture is a paradigm shift related to Cyber crime as a criminal act.
HIERARKI PERATURAN PERUNDANG-UNDANGAN NEGARA REPUBLIK INDONESIA SEBAGAI SUATU SISTEM Hasananuddin Hasan
Madani Legal Review Vol 1 No 2 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (424.925 KB) | DOI: 10.31850/malrev.v1i2.32

Abstract

The State recognizes the supremacy of the constitution above all other laws and regulations, which is evident from the modification that requires a procedure that is more severe than the law-making. The 1945 Constitution of the Republic of Indonesia has been established as the basic law in the legislation and occupies the highest place in the hierarchy of Indonesian laws and regulations. Hierarchy of Regulation no. 10 of 2004 which has been amended into Law no. 12 of 2011 include the MPR Decree and the Presidential Decree which changed the word Decision to the Regulation, this complement the hierarchical suprmasi of Indonesian law as a State of law as the mandate of the Constitution.
DIMENSI KEPERDATAAN DALAM PERLINDUNGAN HUKUM ATAS ANAK JALANAN DI YOGYAKARTA Asram AT Jadda
Madani Legal Review Vol 1 No 2 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (278.366 KB) | DOI: 10.31850/malrev.v1i2.33

Abstract

The research on ?Privat Dimension Of Legal Protection For The Street Children In Yogyakarta? is the empiris legal research, aiming to investigate about privat dimension of legal protection for street children in Yogyakarta. Primary and secondary data were obtained from field research and library research. The instrumen collecting data used interview, observation, and document study. The data were then analyzed qualitatively. The research results indicate that the street children in Yogyakarta which have fluctuation mobile still haven?t gotten protection measure yet, ecspecially their identity, health, education, shelter, and jobs. Culture factors of Yogyakarta?s communities who still regard children as parent?s ?asset?, the quality of education level which still low, and implementation of legislation about children protection which is irrational, irresponsible and usless influence the implementation of the street children. Protection for the street children in Yogyakarta can be done well if the parties who have a role about children protection can cooperate and coordinate well. The parties are : Children Protection Institution (LPA) DIY, Indonesian Family Planning Program Association (PKBI) DIY, Anak Mandiri Boarding House, and Legal Aid Institution (LBH) Yogyakarta. The efforts doing are assistance, founding, until reunification the children to their families needs good support from families, comunities, government, and the children too; so their rights which are protected by Convention On The Rights Of The Child on 1989 (already ratificated by KEPPRES No. 36 on 1990) can be protected.
KEPALSUAN HUKUM DALAM PENANGANAN KORUPSI DI INDONESIA PADA MASA PEMERINTAHAN SUSILO BAMBANG YUDHOYONO Rina Khairani Pancaningrum
Madani Legal Review Vol 1 No 2 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (307.15 KB) | DOI: 10.31850/malrev.v1i2.34

Abstract

False Law in the handling of Corruption in Indonesia in the era of Susilo Bambang Yudhoyono describes the law enforcement conditions that have not been maximized so as to reduce public confidence in the government's performance at that time, this journal aims to know the picture of handling corruption in the era of Susilo Bambang Yudhoyono; This journal uses the normative juridical method. While the analysis with qualitative methods. The result of this paper is the condition of keos which is caused by the falsity of law in handling corruption in Indonesia in the era of Susilo Bambang Yudhoyono government, is not something to be feared or avoided or resisted by antipathy. But the first and most important step to build public trust is to "change the legal paradigm from the formal paradigm to the substantial paradigm."
KAJIAN SOSIOLOGI HUKUM TERHADAP PENYALAHGUNAAN NARKOTIKA OLEH ANAK wahyu Rasyid
Madani Legal Review Vol 1 No 2 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (624.825 KB) | DOI: 10.31850/malrev.v1i2.35

Abstract

The aim of this research is to know (1) Efforts to prevent abuse of narcotics by children and to know (2) Factors influencing the effort of prevention of narcotics abuse by children. (3) Community participation in prevention of narcotics abuse by children. This research was conducted in Makassar District Court, Makassar City area. This type of research is empirical research with the approach of legal sociology. Types of data consisting of primary data and secondary data obtained through interviews and analyzed and then presented in the form of descriptive. The results showed that (1) Efforts to prevent abuse of narcotics by children in the city of Makassar has been running, but not yet effective, it is known from the number of children who abuse drugs continue to increase both in quality and quantity from year to year other than that harmonization apparatus law and community participation is still not optimal, so the results are not yet realized. (2) Factors affecting the effectiveness of worldviews and efforts of penal oriented, public understanding and perception about the dangers of narcotics abuse by children are minimal, and the level of public confidence in the legal apparatus is still low, the availability of supporting facilities and infrastructure is limited. (3) The lack of optimal participation of the community is caused by the working relationship of the law enforcement apparatus with the community has not been running well.
PERLINDUNGAN HUKUM TERHADAP PASIEN SEBAGAI KONSUMEN JASA PELAYANAN KESEHATAN Asram AT Jadda
Madani Legal Review Vol 1 No 1 (2017): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (408.909 KB) | DOI: 10.31850/malrev.v1i1.38

Abstract

This research is about ?legal protection for patient as health service consumer?. It belongs ti the juridical normative research, describing the provisions in law and regulation, in relation to the fact in the field, then conducting analysis by comparing the existing ideal values in law and regulation with the fact in the field. Therefore, it conducted library research supported with field research provides knowledge on the difference between as sollen and das sein.The research conducts document study and field research. Document study is data collecting from bibliography such as law and regulation, book, magazine, document, and also articles relevant with this research tipic. Field research collects data by direct observation in the field to look for the relevant information througt direct using interview guideline and questionnaire. Respondents are selected using purposive sampling method.Generally, legal protection for medical patient in Faisal Islamic Medical Centre (RSI Faisal) Ujung Pandang is still low. It can be shown from the fact that medical action which may cause patient?s health hazard or death are still untouched by law. Poor protection can also be seen from the difficulty to ask hospital/doctor/ medical personnel to be responsible for patient heath condition hazard or death because of doctor/medical personnel malpractice. Poor protection to the patien is caused by there is no equality before the law between doctor/medical personnel and patient. Poor protection to the patient also caused by the absence of malpractice act which is supposed to be the base for settling malpractice committed doctor/medical personnel.    

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