Proceeding International Conference on Law, Economy, Social and Sharia (ICLESS)

Legal Protection for Consumers in Electronic Commerce Bussiness Transaction

2024-03-13T05:29:27+00:00

Business transactions involve interactions between two parties, namely sellers and consumers. Consumers are considered very vulnerable in business transactions, especially in terms of the quality of the product or service provided by the seller. Therefore, legal protection for consumers is very important in business transactions. This research uses a qualitative descriptive method by collecting data through literature studies, by reading and analyzing laws and regulations and journals related to legal protection for consumers in business transactions. The research results show that Law Number 8 of 1999 concerning Consumer Protection provides legal protection for consumers in business transactions, such as the ability to receive accurate and correct details regarding the products or services obtained, the right to choose the desired product or service, and the right to to obtain a refund if the product or service provided does not match what was promised. Apart from that, Government Regulation Number 74 of 2012 concerning Consumer Protection in Electronic Commerce also provides legal protection for consumers in business transactions carried out online. However, there are still many problems in legal protection for consumers in online business transactions in Indonesia, such as weak law enforcement against parties who violate consumer rights and lack of consumer awareness of their rights in electronic business transactions.

Intellectual Property Rights in The Era of Industrial Revolution 4.0 in The Perspective of Legal Protection

2024-03-13T05:39:08+00:00

The development of digital technology in the 4.0 Industrial Revolution has a substantial influence on the legal protection of intellectual property rights (IPR). Technologies such as the internet, big data, and artificial intelligence allow the use and utilization of intellectual work by other parties without permission or without paying royalties. In this context, the theoretical study of the legal protection of IPR during the Industrial Revolution 4.0 involves various disciplines, including law, information technology, business, and economics. This study discusses the importance of legal protection of IPR in the framework of the Industrial Revolution 4.0 era. Some of the relevant theories and concepts in this study are intellectual property rights (HKI), Industrial Revolution 4.0, blockchain technology, digital business models, knowledge-based economy, and commercial law. This study concludes that the legal protection of IPR during the Industrial Revolution 4.0 needs to be faced with innovative and integrated solutions. Governments, international institutions, industry players, and society as a whole must work together to develop rules and practices that are more effective in protecting intellectual property rights in the digital world. The study also discusses some of the challenges in the legal protection of IPR in the era of the Industrial Revolution 4.0, such as the issue of unauthorized use of data, copyright abuse, and challenges in developing sustainable business models. Blockchain technology and the concept of a knowledge-based economy can be an effective solution in overcoming these challenges. In this research, a qualitative approach is used by analyzing theories and concepts related to legal protection of IPR during the Industrial Revolution 4.0. The data used in this study are literature from various sources such as scientific journals, books, and official documents from related institutions. This study is expected to contribute and provide input for policy makers, researchers, practitioners, and the general public address the issues of IPR kegal protection in the Industrial Revolution 4.0. Through integrated and collaborative efforts, it is hoped that a more conducive environment for innovation and sustainable technological development can be created.

Utilization of Search Engine Optimization (SEO) and Websites in Brand Building Awareness in Health Institutions

2024-03-13T05:53:48+00:00

The study was conducted to find facts in the field related to brand awareness of patients, and business partners of the Griya Husada Clinic, through data collection from primary and secondary sources. Data collection instruments used by researchers are interviews, document studies, observation and questionnaires. Furthermore, the provision of questionnaires to patients and business partners aims to determine the response or responses of patients and business partners to search engine optimization (SEO) or websites that are aspects of their interest in using Griya Husada Clinic health services. This study concluded that patients and business partners who were respondents indicated that they were aware of the Griya Husada Clinic and its health services through a search on the Google search engine. services on search engines (SEO) such as Google attract customers to use the services of the Griya Husada Clinic with a percentage rate of 90% which is included in the Very High category.

Optimization of Legal Protection for Indonesian Migrant Workers in South Korea Who Are in Failure of Employment Agreements

2024-03-13T06:01:42+00:00

This research aims to dig deeper into legal protection for Indonesian Migrant Workers (PMI) who are involved in defaulting on work agreements in South Korea. With the high employment opportunities in South Korea's manufacturing sector, the Indonesian government has taken steps through the G to G Program scheme to send PMI to the country as a solution to overcome the high unemployment rate in Indonesia. Even though this program has succeeded in providing employment opportunities for PMI, the increase in their numbers in South Korea has had negative impacts in the form of legal problems. Some PMIs are involved in acts of default by running away from the workplace, making them illegal workers who violate work agreements. This research uses a literature study method to examine various relevant sources to gain an in-depth understanding of this problem. The research results show that the legal protection provided by the Indonesian government for PMI involved in default has been working well. However, increasing protection is an important need because most illegal PMI do not report themselves to the embassy, complicating the process of legal protection if problems occur. Therefore, further steps are needed to ensure that PMIs involved in defaults continue to receive adequate legal protection, including increasing awareness and coordination between relevant parties in Indonesia and South Korea. Apart from that, this research also highlights the importance of empowering PMI in understanding their rights and obligations, so as to reduce incidents of default. Coordination between the Indonesian embassy and South Korean authorities also needs to be improved to facilitate more effective reporting and protection.

Assessing the Implementation of Halal Assurance System (SJH) for Cracker Products in Sumenep, Madura

2024-03-13T06:04:50+00:00

The obligatory consideration of a product's halal status, whether no food, pharmaceuticals, or other consumer goods, holds paramount significance, particularly among Muslim consumers. Consequently, the imperative need for product certification and meticulous labeling emerges as a crucial aspect in safeguarding the halal compliance of products, extending its relevance to the broader public, especially within Muslim communities. The investigation also aims to elucidate UD Matahari's measures in preventing product contamination by impurities. This paper evaluates the Implementation of the Halal Assurance System for Amplang Cracker Products at UD Matahari, including considerations of cleanliness aspects and measures undertaken by UD Matahari to ensure the halal status of its products. This research employs a qualitative methodology to delve into the implementation of the Halal Assurance System (SJH) for cracker products in Sumenep. The findings reveal two key aspects: 1) Inadequate implementation of the SJH by UD Matahari, evidenced by deficiencies in the coordination within the Halal Management Team, the absence of documented procedures for critical activities, a lack of traceability, suboptimal internal audits, and insufficient management reviews. 2) UD Matahari's strategies to uphold product integrity involve prioritizing personal hygiene and maintaining a clean working environment in adherence to established Standard Operating Procedures (SOP). While the research provides valuable insights into the specific case of UD Matahari, its limitations include the focus on a single case study and a qualitative approach. The originality lies in identifying weaknesses and providing practical recommendations, particularly beneficial for SMEs in the halal industry.

Womenpreneurship: Actualization of Economic Empowerment Boarding School's Women of "Nawaning Madura"

2024-03-13T06:46:41+00:00

Entrepreneurship is not only owned by men, but women are also starting now moved to create a business that can be the basis of his life. Indonesian women entrepreneurs are synonymous with micro, small and business enterprises medium (MSME). Of the 58 million MSMEs, 60% of them are contributed by women. MSMEs employ around 116 million people or 97% of the total workforce. Womenpreneur is a term for women who run a business or are women entrepreneurs which are defined as women or a group of women who start, organize, and operate business enterprises. The business company in question is not not only a formal business company but also an informal business company. There are three categories of female entrepreneurs, namely "Change", "Forced", and "Created" businessman. These different classifications are based on how their business was started or about what their main reason or motivation was for starting their business. The purpose of this research is to find out the empowerment strategy model the economics of women at the Nawaning Madura Islamic boarding school in an effort to increase independence economy. In this study, researchers used a qualitative approach with types descriptive research which aims to provide a clear picture of what will be researched, and also the researcher intends to understand the social situation thoroughly deep. Qualitative research is aimed at understanding social phenomena participant's point of view or perspective. Nawaning is said to be the plural form (jama') of Ning said. This is an honorary call for the descendants of Indonesian women from poro Kiai and Nyai, especially Islamic boarding school owners in East Java. Maybe now spread to other areas so that this term is no longer exclusive to East Java. When women are still underestimated in the world of entrepreneurship, It is hoped that the Islamic boarding school-based entrepreneurial model will be a solution. Because Islamic boarding schools are now very entrenched in Indonesian society, and There are very many of them in almost every region of the archipelago. So you have enormous potential to provide solutions to current gender biases, esp in the development of women entrepreneurs. Women play an active role in meeting the needs of the family the family is more independent and of course the level of welfare also increases. Although This matter is still often debated between classical scholars and contemporary scholars, but in a world that has entered the era of industrial revolution 4.0, everyone gets convenience, namely access to the world of work online and can be utilized by a wife so that she can carry out various roles for her household, minimizing family neglect, and maximizing the level of family harmony because of the economic independence carried out by the wife with the blessing of the husband. The limitation of this research is that the subject of the research is the economic empowerment of female Islamic boarding school women who are often called Ning or nawaning in Madura.

Analysis of the Effect of Inflation and World Oil Prices on Stock Prices of the Energy (Oil) Sector Listed on ISSI in 2018-2021

2024-03-13T06:49:13+00:00

In investing, every investor needs information to determine investment decisions, including macroeconomic factors that can affect the performance of stocks, especially those engaged in oil energy. One of the macroeconomic information such as inflation and world oil prices. For investors, it is very important to know whether the movement of inflation and world oil prices will have a positive or negative impact on the performance of a company's shares. This study aims to determine the effect of inflation rate and world oil prices partially or simultaneously on Islamic stock indices listed on the Indonesia Stock Exchange. The type of research used in this study is quantitative research. The sampling technique uses purposive sampling or judgmental sampling. All data used starts from January 2018 to December 2021. The analysis technique in this study uses multiple linear analysis methods using SPSS 16 software. The results of hypothesis testing show that inflation partially has no effect on the stock price of the energy sector (oil) and world oil prices have no effect on the stock price of the energy sector (oil). While the results of simultaneous hypothesis testing inflation and world oil prices have no effect on the stock price of the energy sector (oil).

The Application of Cryptocurrency in The Islamic Banking and Finance in the Era of Digitalization

2024-03-13T07:12:03+00:00

Cryptocurrency is a digital payment system that doesn't rely on banks to verify transactions. It’s a peer-to-peer system that can enable anyone anywhere to send and receive payments. Instead of being physical money carried around and exchanged in the real world, cryptocurrency payments exist purely as digital entries to an online database describing specific transactions. When you transfer cryptocurrency funds, the transactions are recorded in a public ledger. Cryptocurrency is stored in digital wallets. Islamic banking, also referred to as Islamic finance or Shariah-compliant finance, refers to financial activities that adhere to Shariah (Islamic law). Two fundamental principles of Islamic banking are the sharing of profit and loss and the prohibition of the collection and payment of interest by lenders and investors. Meanwhile, in Islamic law, cryptocurrency is not issued by a legal/official financial authority, it has not been accepted by the wider community, if because it contains speculation, dharar, gambling, it is already in the abstract, only after that, because there is no physical form it is possible to have gharar and maysir elements. According to Islamic Law and the Indonesian Ulema Council opinion, both as a medium of exchange for payment and as an investment are both unlawful (haram). The Research will take the comparison between Islamic Law and Conventional Law and how to find proper law to combine between both laws in the daily implementation in the global society.

Juridical Analysis of Labor Protection in Indonesia

2024-03-13T07:34:26+00:00

The government and legislature enacted Law Number 11 of 2020 concerning Job Creation, which amended the previous Employment Law. This article aims to understand what labor protection will look like after the Job Creation Law is passed. The research method applied is qualitative with a normative juridical approach, using descriptive analysis. The research results show that justice in providing better protection to Indonesian workers has not been achieved, due to the imbalance in bargaining positions between employers and workers. Therefore, regulations are needed that can accommodate a balance between the two parties. One form of legal protection for workers in the event of termination of employment due to pandemic efficiency, based on labor law, is realized in compensation. This is regulated in Article 164 paragraph (3) of the labor law, which states that workers have the right to severance pay twice the applicable provisions, referring to the length of service and rights in accordance with Article 156 paragraph (2), Article 136 paragraph (3), and Article 156 paragraph (4). Industrial relations courts, in handling cases of termination of employment due to efficiency, need to pay special attention to workers' rights to receive double severance pay. If layoffs cannot be avoided, especially in emergency situations such as a pandemic, the company must prove reasons for efficiency with audited financial reports for the last two years. The government needs to monitor and check that layoffs are not driven by employers' desire to reduce operational costs. Legal protection for workers is the implementation of basic rights guaranteed by the constitution, as stated in Article 27 paragraph (2) and Article 33 paragraph (1) of the 1945 Constitution.

Legal Position of Notary's Cover Note Regarding Bank’s Legal Protection in Credit Agreements

2024-03-13T08:17:53+00:00

The signing of a credit agreement between a bank and a debtor involving collateral is generally bound by a notarial deed, which will undergo the collateralization process. Before the collateralization process is completed, the notary will issue a Cover note to the bank as the creditor. The purpose of this study is to evaluate the position of the Cover note issued by the notary in the bank credit agreement and the extent to which the legal strength of the notary's Cover note provides legal protection for the bank in the credit agreement. The research method used is normative legal research. The results show that the position of the Cover note issued by the notary or PPAT in the bank credit agreement is limited to explaining the existence of credit or collateral binding. The Cover note is not evidence of collateral but a temporary record and evidence that serves as a reference for the bank when granting credit. The notary's Cover note does not have legal strength to protect the bank as the creditor in the credit agreement if default occurs while the collateralization process is still ongoing by the notary.

Land of Building Rights Title On Management Rights In The Indonesian Land Law System And The Perspective of Islamic Law Administration

2024-03-15T04:26:06+00:00

Background - In Indonesian Legal System, Building Rights Title (HGB) on Management Rights (HPL) still has many problems starting from the many cases that occurred such as one of them is the Sultan Hotel dispute case or the land dispute case between PT. Roda Kencana Mendiri against the General Port Company II Tanjung Priok (now PT. (Persero) Pelabuhan Indonesia II Tanjung Priok Branch) and PT. Maju Terus Jaya and many other cases. Purpose – The purpose of this research is to analyze the legal politics of the extension of HGB on HPL land in the Indonesian Law system, as well as to see how the extension of HGB on HPL land in the Islamic perspective or Islamic Law administration. Design/methodology/approach – This research uses normative juridical reasearch methods supported by simple empirical juridical studies. The approach used in this legal research is first a statutory approach and conceptual approach. This research uses literature study. Findings – The results of the research conducted found that the legal politics of the extension of HGB on HPL land in the Indonesian legal system has not been well regulated, the fact of disharmonization between laws and regulations such as related to the time of enactment of HGB on HPL land as referred to in Article 29 paragraph (3) No. 27 of 2014 is contrary to UUPA Article 35 which ultimately makes legal uncertainty and low justice and there is also disharmony between other regulations related to land. The presence of the Job Creation Law and derivative regulations in the agrarian sector has not supported agrarian reform and can actually exacerbate agrarian conflicts. Furthermore, in the Islamic perspective or from the administration of Islamic Law, the extension of HGB on HPL land is a muamalah practice that is very possible to do, this can be based on the principle of its usefulness in it. The connection between the two is that both in the national legal system and in the Islamic perspective carry the principle of the usefulness of the land itself where in the national agrarian law UUPA it is explained that land management must realize the incarnation of the principle of Belief in the one and only God. Research limitations– Penelitian ini dibatasi pada sudut pandang hokum positif dan hokum islam saja, kedepan dianggap perlu juga mencari tau hokum pertanahan terkait HGB diatas HLP dalam sudut pandang hukum hokum ada di Indonesia, mengingat hokum adat juga menjadi sumber hokum bagi hokum di Indonesia. Originality/value – This research is limited to the point of view of positive law and Islamic law only, in the future it is considered necessary to also find out land law related to HGB above HLP in the perspective of existing legal law in Indonesia, considering that customary law is also a source of law for law in Indonesia.

Legal Construction of Silica Sand Mining Activities in Natuna Causing Environmental Damage Impact

2024-03-15T04:28:09+00:00

This research, titled "Legal Construction of Silica Sand Mining Activities in Indonesia (Natuna) Causing Environmental Damage," evaluates the legal framework governing silica sand mining in Natuna, Indonesia, and its impact on environmental degradation. The study uncovers significant weaknesses in the current legal framework for environmental protection, particularly in the context of silica sand mining. This mining in Natuna causes extensive environmental damage, affecting terrestrial and marine ecosystems, leading to biodiversity loss, land degradation, and water pollution. The research highlights a key failure in law enforcement against silica sand mining activities, attributed to a lack of environmental awareness, rampant corruption, and deficiencies in the legal framework. The paper advocates for legal changes to strengthen environmental protection, including increased legal sanctions for violators and improvements in the legal framework for more effective regulation of silica sand mining. Furthermore, the study emphasizes the crucial roles of government and society in environmental conservation. It recommends that the government should tighten supervision over mining activities and encourage eco-friendly technologies, while also empowering society to actively participate in monitoring and reporting environmental violations. The study also explores the environmental, social, and legal implications of silica sand mining in Natuna. It discusses the long-term ecological losses due to environmental damage and outlines the adverse social consequences for local communities, such as fishermen, who depend on natural resources for their livelihood. Additionally, the paper critically examines Indonesia's legal framework regarding silica sand mining, assessing its adequacy in protecting the environment and suggesting areas for legal improvement. Overall, the paper contributes to the discourse on sustainable and equitable natural resource management in Indonesia. It emphasizes the need for a comprehensive approach that includes legal, environmental, and social considerations. Effective legal reform and adherence to environmental and community welfare standards are crucial for ensuring sustainability and equity for all parties involved.

Juridical Reconstruction of Health Services and Islamic Medicine In The Development of Health Science In Indonesia

2024-03-15T04:30:42+00:00

This research aims to analyze the juridical reconstruction of health services and Islamic medicine in Indonesia. The research method used is a descriptive-analytical approach by collecting data through literature studies, interviews and field observations. The results of the study indicate that Islamic principles in the health care system in Indonesia can be integrated and developed holistically, because a legal construction is needed that can be a legal umbrella for traditional medicine which is currently in great demand and experiencing various advances. The construction of the law must reflect justice so that it does not rule out modern medicine models including being able to protect consumers of traditional medicine from malpractice in traditional types of treatment.

Reinforcement of The Land Certification Registration Process to Reduce Land Conflicts in Indonesia

2024-03-15T04:32:37+00:00

This research aims to answer how the concept of minimizing land mafia practices in the land certification process in Indonesia. The method used in the formulation of this research is a juridical-normative approach, namely by examining various laws and regulations and including technical regulations related to the land certification process. The result of this research is that various innovations and corrections have been made so far from the existing laws and regulations, for example the latest amendment to the Regulation of the Head of the National Land Agency Number 1 of 2010 concerning service standards and land arrangements which continues to undergo changes to the regulation of the minister of agrarian and spatial planning / head of the national land agency of the republic of Indonesia number 12 of 2021 concerning technical land considerations. The changes are certainly difficult to follow easily, especially since most stakeholders still use Perkaban No. 1 of 2010 the center of technical implementation at the Indonesian Land Agency. In addition, in the current process, double chaking must be carried out related to the survey results of the Land Technical Consideration Team as in Minister Regulation ATR No. 12 of 2021 article 17 to article 20, this is important to minimize fraud or double certificates and other problems. The process referred to as double chaking can be done by expanding the role of PPAT or by a special independent institution or at least by establishing a special unit at the BPN.

Legal Certainty of Property Ownership for Foreigners

2024-03-15T04:34:08+00:00

Basically, only Indonesian citizens are allowed to own land in Indonesia. The government's efforts to encourage development and economic growth in the country by strengthening foreign investment have implications for property ownership regulations for foreign citizens who are interested in owning land, buildings or residences in Indonesia. The purpose of writing this article is to examine the legal certainty of property ownership for foreigners. The writing method used is the Normative Juridical Method using primary legal sources and supporting legal materials which are then analyzed through legal interpretation of relevant regulations. The results of this research areForeign citizens in Indonesia basically only have ownership rights to land and buildings through use rights and lease rights. Details of the implementation of the Basic Agrarian Law are regulated through Government Regulation no. 40 of 1996 concerning Business Use Rights, Building Use Rights and Land Use Rights as well as Government Regulation no. 41 of 1996 concerning ownership of residential houses or residences by foreigners. Furthermore, this regulation was followed up with Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 7 of 1996 concerning requirements for residential ownership, which was later replaced by Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency No. 8 of 1996 concerning requirements for ownership of a residence or residence by foreigners.

Dynamics of Transitional Land Conflicts and Challenges of Land Policy Implementation

2024-03-15T04:37:41+00:00

This research investigates the dynamics of transitional land conflicts and the challenges of implementing land policies, focusing on a case study of urbanrural transition areas. Transitional land conflicts are complex phenomena arising from the interaction between rapid urban development and adjacent rural areas. The main objective of this research is to understand the root causes of transitional land conflicts and identify the main challenges in implementing land policies in this context. The research methodology involves a qualitative approach, including in-depth interviews with relevant stakeholders, field observations, and document analysis. The findings indicate that transitional land conflicts are triggered by various factors, including differences in interests among landowners, developers, government authorities, and local communities. Legal uncertainty, weak enforcement of regulations, and lack of community participation in decision-making are also major complicating factors in the implementation of land policies. Furthermore, this research identifies several specific challenges in managing transitional land conflicts, including the complexity of land ownership, rapid land use changes, and power imbalances among various stakeholders. The implications of these findings underscore the need for a holistic and integrated approach in formulating land policies that can accommodate the needs and interests of all stakeholders. Thus, this research provides important contributions to understanding the dynamics of transitional land conflicts and the challenges of implementing land policies in urban-rural transition areas. Recommendations are made to strengthen regulatory frameworks, enhance community participation in decision-making processes, and develop effective dispute resolution mechanisms to address the challenges encountered in managing transitional land conflicts.

Analysis of Section 404 of the Malaysian Penal Code in Relation to Criminal Liability by the Personal Representative in Estate Administration

2024-03-15T06:53:25+00:00

Personal representative refers to an individual or a body that is vested with the authority to manage the inheritance estate of the deceased person. Since estate administration deals with legal and technical matters, the key point in ensuring the success of inheritance management lies in the competency of the personal representative. This is corroborated by the fact that the administration of estate is known for its lengthy process which could sometimes take years to complete. Several reports show that there are several cases involving breach of trust committed by the personal representative during his tenure. This includes the misappropriation of the estate property for his personal benefit and other adverse actions taken by the personal representative that led to the detriment of the entitled beneficiaries. The focus of this paper is to analyse the criminal liability that is associated with the mismanagement of the estate by the personal representative under Malaysian criminal law, with specific reference to the Penal Code. This paper adopts a qualitative approach by undertaking library-based research as its main methodology. Relevant materials include, but not limited to statutes, case laws, textbooks, journal articles, newspapers and seminar papers are being referred to in this research. It is found that misappropriation of estate property by the personal representative occurs due to the lack of knowledge and awareness on how to administer the estate and failure to distinguish between his duties and entitlement over the deceased’s estate.

Legal Aspects of Criminal Law in Public Transportation Accidents/Tourist Bus Accidents

2024-03-15T06:56:44+00:00

Traffic accidents pose a significant challenge in Indonesia, particularly in urban areas like Jakarta, often resulting in fatalities and severe injuries. This study examines the legal framework surrounding traffic accidents in Indonesia, focusing on the responsibilities of drivers and vehicle owners, and the need for reforms to improve road safety. Utilizing prescriptive normative legal research methodology, the study analyzes primary and secondary legal materials to identify key factors contributing to traffic accidents, including human, vehicle, road, and environmental factors. Findings reveal shortcomings in the enforcement and implementation of existing regulations, highlighting the complexity of legal processes and gaps in accountability. The study concludes with recommendations for enhancing enforcement, clarifying legal definitions, improving infrastructure, increasing public awareness, and fostering stakeholder collaboration to mitigate traffic accidents and improve road safety in Indonesia.

Model of Supervision of Letter Notification of Termination of Investigation Results in Providing Legal Certainty

2024-03-15T06:59:33+00:00

The impact of the Job Creation Law (UU Cipta Kerja) in Indonesia from a labour law perspective. This research analyses specific articles of the Job Creation Law that affect changes in the regulation of employment contracts, industrial relations, and termination of employment. In addition, it evaluates the extent to which the implementation of the Job Creation Law is consistent with international norms of fundamental labour rights, such as those contained in the UN Declaration of Human Rights and the International Labour Organization (ILO) Conventions. In looking at the impact of the Job Creation Law, this research adopts a critical approach, not only a normative review of the text of the law, but also involves an analysis of the practical consequences in the labour field. The concept of critical legal theory is used to understand the social and political implications of the law, beyond the technical aspects of the law. The overview covers the understanding of the Job Creation Law, the controversies surrounding its legislative process, and the diverse perspectives of industry players, trade unions, and labour rights activists. Some articles, such as those related to flexibility of working hours, industrial dispute resolution, and termination of employment, are the focus of debate. The importance of fundamental labour rights in the context of international and national law is outlined, with emphasis on the UN Declaration of Human Rights and ILO Conventions. An evaluation is made of the consistency of the implementation of the Job Creation Law with international norms, referring to labour rights such as freedom of association, prohibition of forced labour, and the right to equal pay. In legal thinking and critical analysis theory, critical legal theory is used as a tool to understand the impact of laws in depth, involving social and political dimensions. This allows researchers to explore the power dynamics, conflicts of interest, and inequalities that may arise. The discussion involves analysing the articles of the Job Creation Law that affect the regulation of labour contracts, industrial relations, and termination of employment. Controversies surrounding the Job Creation Law's legislative process, support, and criticism from various parties are carefully presented. An in-depth analysis of the extent to which the Job Creation Law is consistent with international norms highlights the differing views of legal experts such as Philip Alston and Virginia Mantouvalou. Criticisms of some articles of the Omnibus Law emphasise the potential rollback of workers' rights and the risk of modern slavery. The conclusion highlights the complexity of the impact of the Job Creation Law, the divergence of views among stakeholders, and the need to maintain a balance between business freedom and labour rights protection within a binding legal framework.

Legal Enforcement and Protection for Child Victims of Drug Abuse from Legal Perspective

2024-03-19T04:14:10+00:00

This research examines the legal framework and protection efforts for children involved in drug abuse in Indonesia. With the increasing prevalence of drug users, including children, the issue has become a significant concern for national security and development. Environmental, psychological, genetic, and curiosity-related factors contribute to children's involvement in drug abuse, highlighting the need for comprehensive protection measures. The legal framework governing drug abuse and juvenile justice in Indonesia involves various laws, including the Narcotics Law, the Juvenile Criminal Justice System Law, and the Child Protection Law. However, potential conflicts exist between these laws regarding the treatment of children involved in drug abuse within the criminal justice system. The principle of diversion, outlined in the Juvenile Criminal Justice System Law, offers an alternative approach to traditional criminal justice for children involved in drug abuse, focusing on rehabilitation rather than punishment. Rehabilitation efforts encompass medical, psychological, and social treatment, emphasizing the child's physical and mental well-being. Recommendations include enhancing prevention efforts, harmonizing legal frameworks, emphasizing diversion and rehabilitation, fostering community collaboration, and empowering youth to take an active role in drug prevention efforts. By implementing these recommendations and strengthening collaboration among stakeholders, Indonesia can effectively address the challenge of drug abuse among children, ensuring their protection, rehabilitation, and future well-being.

Optimizing The Death Penalty for Drug Trafficking Police Officers As A Deterrent Effect

2024-03-19T04:17:17+00:00

Indonesia is a state of law, so every criminal offense that occurs must be processed through the law. No act is punishable unless it has been regulated in law, so the perpetrator can be subject to sanctions or punishment including ignorance of the status or profession of the perpetrator. One of these criminal a c t s is the abuse and distribution of narcotics. Narcotics crime is a special crime based on Law No. 35 of 2009 concerning Narcotics. (Law No. 35/2009 on Narcotics) Narcotics abuse does not look at age or profession, both among children, adults, and law enforcement officials, one example of a case of narcotics abuse by lawenforcement officials is among police officers. A recent case is that of the former Jambi Police Chief, Inspector General Tedy Minahasa, who obscured and circulated 5 kg of methamphetamine from the evidence to be destroyed. There are many other cases committed by a number of police officers. With the many cases of drug abuse committed by various police officers, it is necessary to conduct research to find out the f a c t o r s t h a t cause drug abuse and to find out the effectiveness of the law in handling these cases so that it can provide a deterrent effect for perpetrators of drug abuse. What is the maximum penalty sanction applied to police officers involved in drug trafficking as a deterrent effect.

The Impact of Prosecution Plans on Disparities of Criminal Prosecutions by The Public Prosecutor

2024-03-19T04:19:06+00:00

Indonesia is a rule of law country founded on Pancasila and the 1945 Constitution, which highly upholds human rights and equal standing before the law and government. This also entails that any conduct of state administration must always be based on the law, including in resolving a criminal case, every stage of it must be based on the applicable law (due process of law). Essentially, disparity in criminal charges is a normal phenomenon, as there is no single case that is identical. However, disparity becomes problematic when the difference in sentences proposed between similar cases is too significant, leading to injustice and undermining public confidence in the justice system. This research is a normative juridical research utilizing the literature study method. Results of the study show that one of the causes of disparity in prosecution is the prosecution plan policy adopted by the prosecutor's office. The Rentut, which was first regulated in a Circular Letter of the Attorney General in 1985, is implemented hierarchically from the local to the national level, depriving the Public Prosecutor of independence in determining criminal charges. The Rentut is also often used by prosecutorial leaders to determine criminal charges based on the social and economic status of the defendant, ignoring the principle of equality before the law.

Strengthening The Institutional System for The Management of Confiscated Objects and Evidence of Collateral Objects in Corruption Crimes in Indonesia

2024-03-19T04:21:53+00:00

Basically, corruption is an extraordinary crime because of its great destructive power so that the danger of corruption in Indonesia is equated with other extraordinary crimes, namely terrorism, narcotics abuse, or serious environmental damage. According to the Rome Statute, the status of corruption crimes is equal to extraordinary crimes, namely crimes of genocide, crimes against humanity and crimes of aggression. Therefore, the crime of corruption is synonymous with evidence that is confiscated and even confiscated by the state so that the evidence can be stored in the state's confiscated objects to be managed and cared for so that the value of the confiscated objects does not decrease. State confiscated goods are defined as State Property (BMN) originating from confiscated objects or evidence determined to be confiscated for the state based on a Court Decision which has obtained permanent legal force (Inkrach) determining that evidence is confiscated for the state or other goods based on a judge's decision. or the court decision is declared forfeited to the state. Apart from that, the state also has a place for storing evidence of confiscated objects which can be used as a place to store evidence in criminal acts so that they are stored and cared for and made for security for confiscated objects so that there is no misuse of the confiscated objects, namely they can be placed in the Property Storage House. State Confiscation (RUPBASAN).

Law Enforcement Against Corruption Criminal Acts in Indonesia from The Perspective of Legal Certainty

2024-03-19T04:24:49+00:00

Law enforcement against Corruption Crimes in Indonesia has not been as expected, and is still far from the goals of the law, namely the realization of Legal Certainty, Justice and Benefit. Law enforcers such as the Police, Prosecutor's Office and KPK as tools of the State in combating Corruption Crimes still look half-hearted, still seem selective (not optimal), there are still major corruption cases that have not been resolved. The latest data released by the KPK in 2023 from January to October, shows the following graph; (1) Gratification / Bribery 44 cases, (2) Procurement of Goods 32 cases, (3) TPPU 6 cases, (4) Obstructing Investigation 2 cases, (5) Levy / Extortion 1 case, (6) Licensing 0 cases, (7) Budget Abuse 0 cases. This resulted in a total of 85 cases. The data above shows that corruption crimes in Indonesia do not decrease every year, and even show an increase. So, it is not surprising that Transparency International (TI) launched the Corruption Perception Index (CPI) from hundreds of countries surveyed, Indonesia's GPA was 34 points on a scale of 0-100 points in 2023. The figure was stagnant from the 2022 gain, but the ranking actually fell. Indonesia was ranked 110th in 2022, dropping to 115th in 2023. That position is in line with Ecuador, Malawi, the Philippines, Sri Lanka and Turkey. Then the question is what about law enforcement against corruption in Indonesia, and how are the obstacles and/or barriers to law enforcement against corruption in Indonesia, not going well, so that corruption in Indonesia still occurs a lot?

The Legal Concept of Rehabilitation for TNI Soldiers Who Commit Narcotics Crimes in Legal Certainty Perspective

2024-03-19T04:27:17+00:00

This journal aims to discuss the legal concept of rehabilitation for TNI soldiers who commit narcotics crimes from the perspective of legal certainty. Research was carried out through a series of systematic and measurable scientific steps. The method used in this research is to use a qualitative research approach through qualitative analysis based on unique findings in the research. The qualitative research approach that will be used is using juridical-normative research, namely a research method that includes research on the identification of laws and legal events based on legal aspects of a law and its application in the field to the implementation of ideal rehabilitation for TNI Soldiers who abuse narcotics, so that in his research he can review various mechanisms of the military rehabilitation system for narcotics abusers to find patterns of implementation of rehabilitation in court decisions so that better rehabilitation policies can be formulated in the future. Basically, legal policies related to the rehabilitation of narcotics abusers are still not fully implemented properly. This is the result of a tug-of-war between policy makers in the health sector and law enforcement regarding how to handle self-narcotics abusers. This tug-of-war occurs because the position of Narcotics Abusers is formally in two dimensions, namely the health dimension and the legal dimension. Narcotics abusers are criminals who are subject to criminal penalties, but on the other hand, narcotics abusers who are in a state of physical and psychological dependence on narcotics (narcotics addicts) are "sick people" who must be rehabilitated in order to recover, especially TNI who have abused narcotics. Therefore, military courts are given more authority compared to courts in general. Among them is the authority of military courts to dismiss military personnel from military service with the standard of dismissal of a military person who is no longer fit to serve in the military. Dismissal from military service of narcotics abusers is a very important step because it takes into account the military's interests in maintaining compliance with the law, as previously explained. However, it is also necessary to consider medical rehabilitation for offenders after dismissal. From a legal perspective, narcotics abusers are considered both perpetrators of criminal acts and victims. In practice, several TNI soldiers who were dismissed from military service due to drug abuse did not undergo medical rehabilitation, so they returned to society in inadequate conditions and were still dependent on narcotics. This is not in line with the objectives of current punishment, which focus more on awareness, correction and prevention of re-offending. They should be given the opportunity to be accepted back into society after recovering and becoming responsible citizens. TNI soldiers who are fired and left without supervision after dismissal can pose a serious threat because they have special skills that can be utilized in illegal narcotics-related activities.

The Urgency of Establishing A Special Judicial Chamber To Handle Land Mafia in Indonesia

2024-03-19T04:30:05+00:00

The land mafia, one of the major sources of land problems in Indonesia, has not resolved the problem due to its existence as a network involving land officials and law enforcers as well as the judiciary. Many cases related to land have not been resolved and many of them are in the judicial process, one of the causes is related to the queue of cases. This research aims to answer the handling of land cases that specifically involve or impact the existence of land mafia practices in the judiciary experiencing many obstacles. This research uses normative juridical research methods and is supported by simple empirical research. Then this research will be written descriptively. The results of this research show that Indonesia as a state of law certainly requires the role of the judiciary in dealing with land mafia cases, one of which, there must be a strong synergy from the Supreme Court, Attorney General, High Prosecutor, national police chief, Kapolda, DPR and DPRD and of course related executive agencies so that the land mafia can be eliminated. The plan to create a special court for the land mafia is currently receiving a pessimistic response from many circles because it is feared that it will remain an institution that will actually favor the land mafia. This is not without reason because so far, land-related cases resolved through the Administrative Court, Civil Court, or General Court have actually been perceived by some pessimistic circles to only be a sanctuary for the land mafia. This of course must also undermine efforts to advance the quality of justice, so there should immediately be a realization related to the establishment of a special court for the land mafia or at least it is very important to create a special room for land justice in existing judicial institutions in Indonesia, considering that if a separate direct court is created it can have many consequences ranging from budget provisions even to the management of the legal system which of course the connection between the land mafia is in the realm of other courts as well.

Analysis of Legal Protection for Land Owners Against Land Mafia Practices in Indonesia

2024-03-19T04:31:36+00:00

This research explores the issue of legal protection for land rights owners involved in land mafia practices in Indonesia. This research emerged because of the existence of crimes related to land mafia practices, and from a formal legal perspective, it is important to determine the steps and protections needed for victims who are trying to maintain ownership of their land rights from the actions of the land mafia.This research aims to examine legal protection against land mafia practices by utilizing a descriptive approach in the research specifications. The method used in writing this article isnormative legal research methods. Normative legal research is analyzing the application of law which is carried out by examining legal materials such as research on legal principles, positive law, legal rules and legal rules. The findings from the research show that legal protection efforts for land owners, apart from the government and law enforcement officials, can provide a solution to dealing with land mafia cases in Indonesia. The conclusion that can be drawn is that the criminal practices of the land mafia, which involve many parties and often include falsifying data on land certificate owners, require significant changes in order to prevent land mafia actions that disturb the community. This is also important so that perpetrators can be held accountable in accordance with applicable regulations. The limitations of the research in this paper only focus on legal protection for owners of land rights caused by the rampant land mafia in Indonesia. The value of this writing is to develop knowledge among the public and law enforcement officials regarding legal protection for land rights owners, which is currently common in Indonesia.

Pancasila Industrial Relationship and The Termination of Employment

2024-03-19T04:42:09+00:00

Optimizing Legal Protection for the Elderly in Indonesia within the Perspective of Social Welfare

2024-03-24T06:55:02+00:00

The paper explores the optimization of legal protection for the elderly in Indonesia through the lens of social welfare. Despite the increasing life expectancy and demographic shifts, the welfare of the elderly remains a serious concern, with many facing economic hardship and inadequate social protection. Existing legal frameworks, including the Elderly Welfare Law, fall short in ensuring comprehensive protection for the elderly. The study reviews relevant legislation, such as Law No. 13 of 1998, and governmental efforts to enhance the well-being of the elderly. It also presents proposals for legal reforms, including revising the definition of elderly, expanding the coverage of social protection programs, and strengthening institutional support. Challenges such as limited access to healthcare, economic vulnerability, and inconsistent government support highlight the need for comprehensive reform to address the diverse needs of the elderly population in Indonesia.

Protection of Personal Data Confidentiality in the Era of Digital Economy A Legal Framework in Indonesia

2024-03-24T06:57:17+00:00

Background: The development of the digital economy and several cases of personal data leaks that have occurred in the last five years have made Indonesians more aware of their personal data. Not once or twice, our personal information is gathered, disseminated, and distributed without our agreement, within the enterprises and the government. This article examines Indonesia's legislative framework for individual information privacy. Despite the existence of laws protecting the privacy of personal data, the legal framework is still evolving with a highly sectoral nature. This paper attempts to examine the national and international legal frameworks related to personal data protection. Purpose: The main aim of this research is to dissect various legal aspects in Indonesia that are relevant to the confidentiality of personal data, especially those involving people's personal data. By doing this, this research aims to contribute valuable insights to the ongoing discourse regarding the confidentiality of personal data in the digital era of the economy in Indonesia. Design/Methodology: The paper uses a normative juridical method, which examines the consistency between Indonesia's constitution and laws on personal data protection. Findings: The result is that Indonesia needs to immediately make a special law on the protection of personal data privacy to further strengthen Indonesia's position in the world electronic commerce. Research Limitation: The research is constrained by the availability and accessibility of legal data across different jurisdictions. Variability in legal systems and the scope of available case studies may limit the generalizability of the findings. Originality/Value: This research contributes to academic and practical understanding of the legal aspects in Indonesia regarding personal data confidentiality, offering a unique perspective that can inform policy development and legal reform to improve personal data confidentiality.

Termination Problems Public Information Dispute Settlement Process

2024-03-24T06:59:26+00:00

Public Information Disclosure is one of the characteristics of a democratic country that upholds the constitutional rights of citizens to information on state administration. Because one of the meanings of democracy is the extent to which citizens are involved in the administration of the state. In the implementation of public information disclosure, it certainly involves 2 parties with mutual interests, namely the community as users of information and the Public Agency as the manager of information and documentation. This difference in interests in practice often leads to disputes over public information. Therefore, the legislators have prepared the means for resolving the dispute through Undang-Undang No.14 Tahun 2008 Tentang Keterbukaan Informasi Publik, and Peraturan Komisi Informasi Nomor 1 Tahun 2013 Tentang Prosedur Penyelesaian Sengketa Informasi Publik. Since the issuance of laws and regulations on public information disclosure and procedures for resolving public information disputes, the Information Commission has been flooded with public information dispute cases. So, to filter cases with good intentions or not, the Information Commission issued a Surat Keputusan Ketua Komisi Informasi Pusat Nomor 1 Tahun 2018 Tentang Prosedur Penghentian Proses Penyelesaian Sengketa Informasi Publik Yang Tidak Dilakukan Dengan Sungguh-Sungguh Dan Itikad Baik. However, with the issuance of the decree, it caused many problems related to the general principles of justice. Therefore, it is necessary to make improvements in the procedure for stopping the process of resolving public information disputes.

Elaboration of The Meaning of Public Participation in The Formation of Laws and Regulations Post The Decree of The Constitutional Court Number 91/PUU/XVIII/2020

2024-03-24T07:01:53+00:00

The concept of public participation appears in Law No. 10/2004 on the Formation of Legislation, which is then regulated in Article 96 of Law No. 12/2011 jo Law No. 15/2019 on the Formation of Legislation. However, until now no further regulations on public participation have been issued. As a result, there is no standard mechanism to be referred to by lawmakers, so the involvement of the public is only a formality. Decree of the Constitutional Court (MK) Number 91/PUU-XVIII/2020 provides a meaningful view of how to measure public participation to be recognized as eligible for lawmaking. The purpose of this research is to find out the ideal concept of meaningful participation in the formation of laws and regulations in Indonesia in accordance with the mandate of the Constitutional Court Decree Number 91/PUU/XVIII/2020. To ensure that every legislation issued gives a sense of justice and accommodates the people's interests. The method used in preparing this research is a juridical- normative approach, namely by examining various laws and technical conditions related to public participation and the formation of laws and regulations. The result of this research is to find benchmarks and clarity of the concept of ideal public participation that provides legal certainty for the community as desired by the decision of the Constitutional Court Number 91/PUU-XVIII to fulfill the requirements for drafting laws in order to create real public participation, to ensure that the legislators are not caught up in mere formal public participation. This research is limited to the elaboration of the meaning of public participation in accordance with the mandate of the Constitutional Court's decree to be applied in the process of forming laws and regulations. This research provides an insight into the meaning of ideal public participation and accommodates the people's interests.

Comparative Study of Political Principles of Medina Charter Which Covers Several Principles of Democracy

2024-03-24T07:04:28+00:00

Medina Charter was the political product created by Prophet Muhammad SAW which strengthen the position and authority of Prophet Muhammad amongst Medina’s society in order to be well accepted by the configuration of Medina society which at that time were heteregous, consisted of Anshar, Arab, Jews, Christians and group of Islamic hypocrites. This research ought to identificate the political principles of Medina Charter to be compared to Liberal Democracy. The literature and comparative study have been done. The result is Medina Charter has similarity and differences from liberal democracy, as it has more islamic approach of democracy.

The Importance of Verponding in Indonesian Land History: Historical Overview and Implications

2024-03-24T07:08:12+00:00

Verponding, a land administration system that has long been an integral part of Indonesia's land history, plays a crucial role in land formation and mapping in the country. In historical context, Verponding has provided a strong foundation for land ownership regulation, infrastructure development, and community building in Indonesia. This paper presents an in-depth historical review of the role of Verponding in Indonesian land history and its implications for modern land development. Verponding, derived from the Dutch word "verponding," refers to the process of land mapping and registration carried out during the Dutch colonial period. This system not only records land ownership but also delineates land boundaries and associated rights. Over time, Verponding became the basis for land administration in Indonesia and influenced land policies implemented to this day.Through historical review, we can understand how Verponding laid the groundwork for Indonesia's land system, shaping land ownership patterns and regulating relationships between landowners and the state. The implications of Verponding are still felt in various aspects of community life, including agriculture, infrastructure development, and land conflict resolution. However, despite its significant historical value, Verponding also poses several challenges and controversies. Issues related to document validity, unregistered land ownership, and conflicts between traditional and modern systems are part of the complexity in implementing Verponding principles. In the context of modern land development, it is essential for the government and stakeholders to consider the legacy of Verponding in designing inclusive, fair, and sustainable land policies. Further research on the history, implementation, and impact of Verponding can provide valuable insights into addressing contemporary and future land challenges in Indonesia.

Equitable Wages for Labor Based on Government Regulation Number 36 of 2021 Concerning Wages in Terms of Investment Policy

2024-03-24T07:11:09+00:00

Equitable wages for workers based on Government Regulation Number 36 of 2021 concerning Wages in Review of Investment Policy in Law Number 6 of 2023 concerning Establishment of Government Regulations Substituting Law Number 2 of 2022 concerning Job Creation into Law. Law. Faculty of Law, As-Syafi'iyah Islamic University, 2023. The research context in writing this dissertation is that wages are also an important aspect regulated in labor law. Wages are payments given to laborers/workers in return for a job or seen as doing a job. Wages have a significant impact on investment and the economy as a whole. Wages that are too high can also result in high operating costs for companies and impact their profitability. Therefore, it is important to find the right balance between providing fair wages to workers and ensuring the business continuity of the company.The approach in this dissertation research uses descriptive-analytical legal research methods. The approach in legal research used by the author in this research is a statutory approach associated with a conceptual approach. The data collection techniques used are literature study and data analysis techniques. The research findings explain (1) there are still conflicting articles in the system of labor wage arrangements in Indonesia, (2) normative obstacles related to wages for employers interpreting ambiguous words and phrases and new components that cause legal uncertainty, (3) strategies in forming a wage system model for Social justice for Workers and Employers in the framework of Investment Policy.

Transformation of Lex Sportiva into the Legal System Indonesian Sports

2024-03-24T07:13:58+00:00

This research is motivated by the phenomenon of globalization of sports which has resulted in a shift in the focus of sports regulations from legal regulations to international sports federation regulations. This international sports organization controls and regulates international sports by making basic rules and playing rules for a sport, as well as making decisions that can have a big impact on the sustainability of the sport. They became an autonomous and independent international organization, and demanded that the governments of countries around the world not regulate sports matters by state laws and regulations, and asked for immunity from legal proceedings for sports problems that occurred in member countries of the federation. They asked for the enactment of global sports laws that apply universally to the sports they coach. This condition provides space for the development of the Lex Sportiva doctrine in the governance of international sports regulations. This doctrine adheres to the teaching that sports games and competitions are regulated and managed independently by independent regulations made by international sports federations, and rejects interference from the government or federation member countries. This causes frequent clashes in the implementation of Lex Sportiva with the laws and regulations of a country. In Indonesia, clashes between Lex Sportiva and statutory regulations still occur frequently. This is proven by the frequent occurrence of sports cases which cause legal injury, whether they contain administrative, civil or criminal aspects. One of the suspected causes is that the transformation of Lex Sportiva into the National Sports Law System has not yet been formulated. The aim of this research is to describe the position of Lex Sportiva in the international sports law system and formulate the transformation of Lex Sportiva into the Indonesian Sports Law System. The type of research chosen is juridical-normative, with an explanatory approach. According to the type of research, the data source is secondary data with data collection techniques through literature study complemented by interviews. The research results show that the development of Lex Sportiva is a phenomenon that continues to emerge. This doctrine has a strategic position as a source of global sports law that crosses the regulatory boundaries of member countries of international sports federations. In Indonesia, this doctrine has been adopted by the parent sports organization and some of its teachings have become material for statutory regulations, including in Law Number 11 of 2022 concerning Sports. This doctrinal teaching becomes a guideline in sports coaching, organizing competitions, and resolving sports disputes. However, the transformation formula is not yet clear, so that in its implementation there are often conflicts with applicable laws and regulations which prioritize the principle of state sovereignty. The solution offered as a research novelty is the preparation of a model of the Lex Sportiva transformation mechanism into the Indonesian Sports Law System which is existential, harmonious, and sustainable.

Legal Protection of Regional Head Candidates Due to Disqualification in The Regional Head Election Process in Indonesia

2024-03-24T07:15:45+00:00

Background: Regional head candidates consist of regional heads and deputy regional heads who form one unit to advance to win the regional head election, each of whom must fulfill the requirements as regulated in the laws and regulations relating to regional head elections, meaning pairs of regional head and deputy candidates. If a regional head does not meet the requirements, he cannot take part in the next process. The requirements for regional head candidates according to the decision of the Constitutional Court always apply until the regional head candidate pair is inaugurated as regional head, but if one of the candidate pairs violates the requirements as regional head, disqualification will be imposed on the candidate pair, whether they violate it or not. not violate. Purpose: This writing will raise legal protection for pairs of candidates who have been determined as winners by the organizers but if one of the pairs is proven to have violated the conditions that have been determined then disqualification can be carried out for all pairs of candidates, even though those who violate one but not the violation will be affected. Methodology: The research approach is normative legal research by examining and analyzing legal events in determining disqualification and legal protection for candidate pairs who do not violate participant requirements. Bearing in mind that when completing the requirements, each data and document is then combined into one couple, but in the Constitutional Court's decision you have to bear the risk of legal action by the other partner. Findings: This research is to fight for the rights of candidate pairs for regional head and deputy regional head who are jointly running to become regional head who are subject to disqualification as a result of one of the candidate pairs committing a violation of the law as regulated in statutory regulations.

Islam And The State From The Perspective of Efforts To Establish Positive Law In Indonesia

2024-03-24T07:17:52+00:00

The struggle to make Islamic law the basis of the state is nothing new. Indonesia, which is diverse, has a variety of ethnicities, religions, races and groups, forcing the struggle for Islamic law as the basis of the state to experience many challenges. Even though the majority of Indonesia's population is Muslim, this does not necessarily make the struggle easier. Ulama differ in their opinions regarding the necessity of implementing Islamic law. There are scholars who are of the opinion that those who are not ruled by Islamic law are considered infidels and conversely there are other scholars who are of the opinion to allow those who are not ruled by Islamic law so that the desire to make Islamic law a positive law will be an effort that will encounter many challenges and obstacles. Apart from that, there is no Islamic leader who can be accepted by all groups. The relationship between Islam and the state must be well understood and translated thoroughly and carefully considering the conflicts that may arise and could lead to division and disintegration of the nation. The relationship between Islam and the state actually ended long ago when the Founding Fathers (Muhammad Yamin, Soepomo and Soekarno) chose the concept of a national state based on Pancasila rather than a religious state. Accepting Pancasila as the basis of the state was a smart choice for the founders of the nation considering the conditions of ethnic, religious, racial and inter-group diversity (pluralism) that exist in Indonesia. The better the relationship between Islam and the state, the greater the opportunity for Islamic law to be applied as positive law in Indonesia, conversely, the more tenuous the relationship between Islam and the state, the smaller the opportunity for Islamic law to be applied as positive law in Indonesia.

The Politics of State Law in Providing Special Autonomy for Papua in Handling Protracted Conflicts

2024-03-24T07:19:31+00:00

Approach to minimizing conflict in Papua. However, until now autonomy is still a problem in itself and it is even possible to add to the problems in Papua. Purpose - This research aims to answer the approach that can be taken in minimizing the Papuan conflict. Design/methodology/approach - The research was conducted with empirical studies, namely conducting field observations to obtain the real conditions of policy and implementation of special autonomy in Papua. Furthermore, a normative juridical study was also carried out for the purpose of studying legislation. Findings - The results showed that the resolution of the Papuan conflict through the special autonomy approach has not been able to run well. especially in the aspect of implementation starting from planning that is not mature, government programs are less targeted, the supervision system is less assertive, implementation is less transparent and effective, especially on the use of special autonomy funds that should be felt by the community. This ultimately creates a condition where the community does not feel a significant difference related to the existence of special autonomy. Meanwhile, from the aspect of legislation, the problems that arise are related to Law No. 2 of 2021 concerning Special Autonomy, which is still a matter of debate, especially among the Papuan people themselves, one of which is the existence of phrases that have multiple interpretations, violate the rights of indigenous people and cause legal uncertainty. In the problem of special autonomy which is difficult to resolve, of course, a quick solution is needed that is more applicable and will benefit, one of which is by increasing the synergy between the Regional Government through autonomy, especially with the TNI and Polri in charge of securing Papua, especially regarding how to empower the community to improve their standard of living from various aspects, especially in terms of improving the economy and the quality of education. Research limitations - This research is limited to the Papua conflict area with a focus on collaboration between the Papua Regional Government, TNI and Polri serving in Papua. Originality/value - This research will develop a model of collaboration between the Papua Regional Government, TNI and Polri serving in Papua in minimizing conflict

Regulation of Deviations Local Government Grant Funds To The Private Sector Through Restorative Justice

2024-03-24T07:21:12+00:00

The concept of a grant in public law is a gift by transferring rights to something in the form of money, goods and services from the government or another party to the regional government or vice versa whose purpose has been specifically determined and carried out through an agreement. Grants in the public law concept include grants to regional governments and grants from regional governments. Regional government grants are given to other regional governments, BUMN, BUMD, institutions or organizations or community groups. The implementation of the grant must be stated in the NPHD (Regional Grant Award Document). In its implementation, grants from the Regional Government to the private sector often contain irregularities. Deviations can occur in the process of submitting proposals, disbursement of funds by SKPD and use of funds by grant recipients. For these forms of irregularities, the resolution can be through a lawsuit to the District Court, a report to the Police, a report to the Corruption Eradication Committee and administrative settlement. Law enforcement regarding irregularities in regional grant funds to the private sector has so far been processed through the Corruption Court on the basis of alleged criminal acts of corruption, because the Corruption Eradication Commission believes that regional government money given to the private sector is State money so that irregularities in grant funds constitute a loss to the State. International conventions provide space to use a restorative justice approach in corruption cases. Restorative justice is a fair resolution that involves the perpetrator, victim, family and other parties involved in a criminal act and jointly seeks a resolution to the criminal act and its implications by emphasizing restoration to its original state. This research aims to: 1) analyze law enforcement regarding irregularities in regional government grant funds to the private sector using a restorative justice approach; 2) analyzing the resolution model through restorative justice in the diversion of regional grant funds to the private sector. The method used is a normative juridical approach, namely researching library materials or secondary data in the form of statutory regulations, court decisions, textbooks, legal journals, scientific essays and legal dictionaries that are directly related to the theme of this research. The research results: 1) Legal enforcement against irregularities in regional government grant funds to the private sector through a restorative justice approach is very possible, especially if the irregularities are committed by the recipient of the grant, considering that the position of grants in Islamic law and civil law is defined as the gift of an object voluntarily and without compensation from one person to another. still alive to be owned, and cannot be withdrawn, while grants in the regional finance sector are the provision of money/goods or services from the regional government to the government or other regional governments, regional companies, communities and community organizations; 2) The settlement model through restorative justice in the diversion of regional grant funds to the private sector is carried out through: (i) a statement of agreement for settlement through restorative justice from the parties, (ii) return of grant funds, (iii) carried out in the presence of community leaders and religious leaders.

Legal Politics of The Establishment of Government Regulations in Lieu of Law Number 2 of 2017 Concerning Amendments to Law Number 17 of 2013 Concerning Community Organizations

2024-03-24T07:22:46+00:00

Government regulation in lieu of law (Perppu) is one type of legislation that is included in the hierarchy of laws and regulations in force in Indonesia. Related to the above, in mid-2017 President Joko Widodo signed a Government Regulation in Lieu of Law Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Community Organizations. The government in its statement provided arguments related to the issuance of the Perppu, namely; first, the Perppu was issued in the framework of the government's duty to protect the entire nation and the spilled blood of Indonesia; the two community organizations (community organizations) in Indonesia which currently reach 344,039 community organizations; Third, the reality is that currently, there are activities of community organizations (community organizations) that are contrary to Pancasila and the 1945 Constitution of the Republic of Indonesia. The purpose of this research is to be able to explore concrete information about legal politics carried out by the government in the formation of Perppu No. 2 of 2017. The research method used in writing this journal is juridical-normative legal research which only emphasizes the study of documents, the legal sources used are laws and regulations, court decisions or decrees, contracts / agreements / contracts, legal theories and opinions of scholars. That a Perppu must be seen from its purpose first before the Perppu is formed into a part of laws and regulations. That the government makes efforts to restore mass organizations as their original purpose and does not deviate from this by making the latest Perppu related to mass organizations. That the government has taken the right steps by making Perppu No. 2 of 2017 by prioritizing legal steps to change conditions in society which proves the law as a tool of social mobilization.

Construction Law and Dispute Resolution Mechanisms: Insights from The Steel Construction Sector

2024-03-24T07:25:26+00:00

Background: The construction law contributes a critical talk to the development law writing. Serves as an important asset for understanding the complex legitimate scene and successful strif determination techniques inside the steel development industry. Purpose: This research aims to examine the regulations that cover the steel industry and ways to resolve disputes if it’s occurred. Design and methodology: This paper used legal systematic research which comprehensive and organized approach to understanding and analyzing complex legitimate viewpoints. Findings: By analyzing real-world cases and industry hones, the paper points to offer down to earth experiences into selecting and exploring these instruments viably. Drawing upon industry best hones and successful case ponders, this segment offers suggestions for pre-emptive measures to play down disputes, proactive legally binding techniques, and successful venture administration approaches custom-made to the one of kind characteristics of steel development ventures. In concluding this research, it is obvious that an intensive investigation of development law and debate determination components within the steel development division is vital for cultivating a lawfully sound and flexible industry. The experiences picked up from analyzing the legitimate system and dismembering debate determination components lay a strong establishment for partners to explore the complexities of steel development ventures viably. This information, coupled with proactive measures and custom-made methodologies, positions the industry for maintainable development and effective extend results.

Legal Status of Land Rights Affected by Natural Disasters

2024-03-24T07:27:38+00:00

National Agency for Disaster Management noted that during 2020 there were 4,650 disasters in Indonesia. The other effect of the loss of lives is the loss of property owned, including land. The physical condition of land parcels can change, shift, and even be destroyed, which can invalidate legal certainty from ownership of land rights. This paper discusses the legal status of land rights affected by natural disasters. The research method used was a normative method with a legal science approach in solving land problems related to the status of land rights created due to disasters. The legal status of land rights affected by the earthquake is not abolished. This is because the land object still exists, it is necessary to reconstruct the boundaries to restore the field boundaries. In the case of an abrasion disaster, the legal status of the land is destroyed because the land is also destroyed. The power of a mortgage certificate whose object is destroyed due to a natural disaster is null and void by law. This is because the Deed of Allowing Mortgage as the basis for the issuance of a mortgage certificate is null and void. After all, it does not meet the legal requirements of an agreement, namely a certain matter.

Agrarian Reform Improving Welfare and Social Justice in Rural Areas

2024-03-30T04:33:27+00:00

Agrarian reform has become the main focus in efforts to improve welfare and social justice in rural areas. The aim of agrarian reform is to reduce inequality in land ownership, increase farmers' access to natural resources, and create a more equitable and sustainable environment for rural communities. This paper describes the concept, objectives, implementation and impact of agrarian reform in the context of improving welfare and social justice in rural areas. Literature studies show that agrarian reform has had a significant impact in changing the social and economic structure in rural areas. Through land redistribution, empowerment of small farmers, and protection of land rights, agrarian reform aims to increase the economic and social participation of rural communities and reduce poverty and social inequality. However, the implementation of agrarian reform is faced with a number of challenges and obstacles, including conflicts of interest, legal uncertainty and limited resources. Evaluations of agrarian reform programs show varying results, with some programs succeeding in increasing land access and farmer welfare, while other programs face obstacles in their implementation and impact. Thus, an in-depth understanding of the concept, implementation and evaluation of agrarian reform is very important for the development of sustainable and effective policies in improving welfare and social justice in rural areas. Collaborative efforts are needed between the government, society and other related parties to overcome existing challenges and ensure that agrarian reform truly provides maximum benefits for rural communities and maintains environmental sustainability.

Community Legal Compliance Seen From The School of Legal Philosophy

2024-04-02T03:59:23+00:00

Indonesia as a state of law, of course, its people must be subject to applicable legal provisions. However, community legal compliance becomes a major problem when the legal products made are not in accordance with the legal culture of the community. So there needs to be an assessment through the point of view of legal philosophy. The research method used in writing this journal is juridical-normative legal research that only emphasizes the study of documents, the legal sources used are laws and regulations, contracts/agreements/contracts, legal theories and opinions of scholars. The purpose of writing this scientific article is to find out what are the inhibiting factors and supporting factors of community legal compliance seen from the school of legal philosophy. The research results of this article are that between the relationship between legal compliance and legal philosophy can be exemplified by 3 theories, namely the theory of divine sovereignty, the theory of community agreements, and the theory of state sovereignty. All three show a variety of different symptoms if applied. However, the best thing to apply is actually the theory of god's sovereignty and community covenant which prioritizes justice and legal certainty.

Indigenousization of Sharia Economics in Indonesia

2024-04-19T02:40:06+00:00

Study This discuss draft indigenization sharia economics in Indonesia with study Ma'ruf Amin's thoughts. As spiritual leader and figure key in development sharia economics in Indonesia, KH. Ma'ruf Amin has deep view about indigenization as effort for take root principles Islamic economics in structure economy national. Through analysis of KH's thoughts. Ma'ruf Amin, this research aims to explore the concept of sharia economic indigenization which includes aspects such as business ownership, wealth distribution, and community participation. Research methods This involve analysis qualitative descriptive to KH's library data. Ma'ruf Amin himself as primary data and other works that explore his sharia economic thinking. The research results show that KH. Ma'ruf Amin emphasized the importance of understanding sharia values in an economic context to ensure that economic activities can be carried out in accordance with the teachings of the Islamic religion on the one hand, but remain relevant to the situations and conditions in which the law is applied. In indigenization efforts sharia economics, there is three principle or underlying philosophy thinking him, that is justice, community, and sovereignty / independence. KH. Ma'ruf Amin offered four update models Beliu 's fatwa method call as makharij fiqhiyyah (Islamic legal solutions), namely: al-taisir al-manhaji, tafriq al-halal 'an al-haram, i'adah al- nadhar, and tahqiq al-manath. According to KH. Ma'ruf Amin, Indigenousization efforts Sharia economics can be done in 5 ways, namely strengthening implementation of Fatwa (DSN-MUI), renewal of sharia economic fatwa, taqnin al-fatwa, supervision implementation of fatwa (DPS role), resolution dispute (tahkim). In context solution Islamic law (makharij fiqhiyyah), KH. Ma'ruf Amin has 6 contributions, while in In context development sharia economics, he has 3 contributions. As research that focuses on the thoughts of key figures, of course this research has limitations, because the thinking and development of sharia economics is not only his role, it involves many other figures and institutions, both state and private. Findings study This expected can become contribution important for development sharia economics in Indonesia, providing view strategic that can be adopted by stakeholders interests, government and society general.

Analysis Review of Determination of Interreligious Marriages In The Perspective of Islamic Fiqh and Marriage Law Number 16 of 2019

2024-04-19T02:43:18+00:00

Interfaith marriages in Indonesia are always a matter of debate, because interfaith marriages give rise to various legal consequences such as the validity of the marriage according to the Marriage Law, based on Article 2 paragraph (1) of Law No.16 of 2019 concerning Marriage. An interfaith marriage is a physical and spiritual bond between a man and a woman of different religions which results in two different regulations regarding procedures for implementation according to the laws of their respective religions. Indonesia recognizes more than 1 (one) religion and does not rule out the possibility for couples to enter into interfaith marriages. Incidents of interfaith marriages are still often found in communities where the Marriage Law does not provide regulatory space for couples who wish to enter into interfaith marriages. The aim of this research is to find out how the practice of interfaith marriages is in Indonesia, what is the status of interfaith marriages according to the views of Fiqh and the Marriage Law. This research is normative juridical research that is descriptive in nature, using a statutory approach. The data in this research comes from revelation data and secondary data. Data collection was carried out by means of library research, namely visiting the library directly or indirectly. The results of this writing result in the practice of marriage in Indonesia, there are several cases of married couples who choose to stick to their respective religions, so several ways of carrying out interfaith marriages are found, namely: First, the marriage is first carried out according to the religious laws of the bride (husband), then followed by marriage according to the bride's religious laws. Second, one of the parties pretends to change religion so that the marriage can be carried out and registered, after which they return to their respective religions. Third, carry out the marriage by following one of the couple's religions. The status of interfaith marriages according to Fiqh is that the pillars of marriage consist of consent and consent, with consent giving rise to a legal relationship between the two parties. The fatwa of the Indonesian Ulema Council also issued a ruling that interfaith marriages are haram and invalid. If you look at article 2 paragraphs (1) and (2). This article confirms that marriage can be said to be a valid legal act if it is carried out according to their respective religions and beliefs. Interfaith marriages are considered invalid and null and void by marriage officials because there is a legal vacuum regarding interfaith marriages.

Islamic Legal Perspective in The Management of Hajj Funds by The Hajj Financial Management Agency

2024-04-19T02:45:59+00:00

The Hajj Financial Management Agency (BPKH) is an institution established based on the mandate of Law No. 34 of 2014 concerning Hajj Financial Management. Hajj financial management must be in accordance with Sharia law and law. The responsibility of BPKH is an important thing to pay attention to in order to avoid adverse things. This research is a normative research with literature law research methods. The approach used is a statutory approach and a conceptual approach. This research is a normative research with literature law research methods. The approach used. is a statutory approach and a conceptual approach. From the results of the study, it was concluded that the Hajj fund managed by BPKH was in accordance with the principles of sharia principles in managing its investment. The government must be able to increase public trust by consistently improving services and good and equitable management of Hajj funds for prospective pilgrims with waiting lists. The Hajj Fund has great potential and its management should aim to provide benefits back to prospective pilgrims with waiting lists in particular and to everyone in general.

Maqashid Syari'ah and Its Role in Economic Development and Sharia Economic Law in Indonesia

2024-04-19T02:52:06+00:00

This article discusses the concept of maqashid syari'ah as a framework underlying the development of sharia economic law in Indonesia. Maqashid shari'ah, as objective main Islamic law, provides base philosophical and moral for system sharia economics. Study This aim for investigate role maqashid Sharia in development sharia economics and law sharia economics in Indonesia. The research method used is literature analysis, with a focus on understanding the concept of maqashid syari'ah and its application in the context of economics and sharia economic law. Research result show that maqashid Sharia give clear directions related moral values, justice, and welfare in principles sharia economics. Draft This give base for development law sharia economics that can accommodate need community and giving suitable solution with Islamic principles. This article also explores the Indonesian government's efforts to integrate maqashid syari'ah into economic policy and sharia law. The emphasis on sustainable and inclusive economic development through the implementation of maqashid sharia is expected to produce a fairer and more just economic system. Thus, this article contributes to the understanding of the concept of maqashid syari'ah and its role in forming sharia economic law that is in accordance with Islamic values in Indonesia.

Optimization of Productive Waqf in The Digital Era

2024-04-19T02:56:25+00:00

The boat waqf program by the Yayasan Dana Sosial Al-Falah (YDSF) is one form of productive waqf management in the digital era. The program comes from cash waqf funds collected by YDSF through digital-based waqf services. This research examines how the optimization and role of YDSF in productive waqf management for the economic empowerment of fishermen in Lamongan through the boat waqf program. This research uses qualitative method with descriptive analysis techniques. Data sources were obtained from observations in Labuhan, Lamongan, interviews with informants: YDSF nazhir: fishermen, and documentation of waqf objects also other related documents. The results of the research: First, the optimization of productive waqf carried out by YDSF in Lamongan in the form of a boat waqf program using the concept of mudharabah. The profit sharing scheme used is 70% for fishermen, 10% operational costs, 10% for basic savings funds, 10% for nazhirs. Second, YDSF's role in optimizing through the boat waqf program has not contributed much because the quantity is still small and the scope of benefits has not touched all fishermen in Lamongan. However, the waqf boat program can be a role model in optimizing productive waqf and can be a solution for economic empowerment for fishermen. YDSF is expected to increase its role in productive waqf management by increasing the quantity of boat waqf programs so that the benefits can be felt more widely. This limited research opens up space for comparison study of similar productive waqf optimizations carried out by other waqf institutions.

Organization Of Hajj and Umroh Worship In Islamic Law

2024-04-19T02:59:50+00:00

The Hajj is the fifth pillar of Islam which is a once-in-a-lifetime obligation for every Muslim who is able to fulfill it. Law Number 8 of 2019 concerning the Implementation of the Hajj and Umrah as a form of implementation of the Hajj and Umrah, which is a series of religious services as guaranteed and mandated in the 1945 Constitution of the Republic of Indonesia, Article 29 Paragraph (2). This research is included in library research, namely research carried out using literature. The author reads and takes theories from books related to the problem being researched and then concludes the results of various kinds of research. Based on its nature, this research includes analytical descriptive research which is a method of researching an object which aims to create a systematic and objective description, picture, of facts, properties, characteristics and relationships between existing elements and phenomena. certain. It can be concluded that the Islamic Law Review of the implementation of Hajj registration based on Article 5 letter d. The Islamic Law Review of the Hajj registration based on Article 5 letter d can be concluded that this does not conflict with Islamic law, because the aim of law in Islam is to realize the benefit of servants both individual or collective. The benefit of the people is something central in the study of Islamic law, so that any policies or legislation that the authorities wish to implement must always consider and pay attention to the consequences that will arise. So, realizing the benefit of servants is the goal to be achieved by the existence of legal provisions in Islam.

Predicting Capital Adequacy Ratio of Islamic Rural Banks Based on FDR, NPF, ROA, and BOPO

2024-04-19T03:05:28+00:00

Several financial ratios have been identified as factors that can determine the capital adequacy ratio (CAR) in a financial institution, including Financing To Deposit Ratio (FDR), Non-Performance Finance (NPF), Return On Asset (ROA), and Operating Expenses and Operating Income (BOPO). In previous studies, it was seen that there were inconsistencies in the results of the analysis when explaining the effect of these financial ratios on the Capital Adequacy Ratio (CAR). This study aims to examine the effect of FDR, NPF, ROA, and BOPO on Capital Adequacy Ratio (CAR), both partially and simultaneously. This research is quantitative research with a panel data regression analysis method. The data was collected through secondary sources in the form of financial statements from 18 BPRS in East Java and consistently published financial statements for the last three years (2020-2022). The results showed that the variables FDR, NPF, ROA, and BOPO together had a significant effect on CAR. This means that the four financial ratios are able to explain and predict any changes in the data on the CAR. However, in the t-test, it is known that of the four X variables, only one is able to have a negative and significant effect on CAR, namely NPF. This means that if the NPF gets smaller, the CAR gets better. At the same time, the other three variables are known to have no significant effect on CAR. The results of this study are limited only to Sharia People's Financing Banks, which, of course, are very different from Sharia Commercial Banks, both in terms of funding sources, financial services, and asset capacity. Therefore, for further researchers, it is essential to also examine financial ratios at Islamic Commercial Banks, which are very likely to obtain different results. The novelty of this study lies in the variables used, whereas previous studies generally used less variable X than this study.

The Effectiveness of The Zakat Distribution System to Improve Community Welfare: Disbursement Collective Ratio Analysis

2024-04-19T03:08:56+00:00

Effectiveness is a measure that can be seen to what extent the target has been achieved or a measure that can show whether a program is successful or not, and shows success in terms of whether or not the targets that have been set have been achieved, zakat is an instrument for the development of the community's economy, as well as is one of the obligations that Muslims must carry out as a form of worship to God. The purpose of this research is to measure the level of effectiveness of the zakat distribution system carried out by zakat institutions and then the results are used to provide an overview of the impact it has, namely the welfare of the community. The type of research used in this research is qualitative with a descriptive approach. The data analysis method used is through indicators measuring the effectiveness of target success, program success, satisfaction with the program, and achievement of overall goals using Disbursement Collective Ratio analysis. The results of this research show that the calculation analysis using the DCR method of the three superior programs owned by the Bangkalan Infaq Management Institute, including Education, Economics, and Health, can be declared effective. This is because each program has run according to plan and is effective. This research only focuses on distribution management, not management in general. So further research is needed to obtain complete and comprehensive data. The results of this research are in line with the theory put forward by Camble J.P., which is that distribution has achieved program success, success in-context satisfaction towards the program, and overall goals. Welfare indicators also follow the Todaro Steen C theory, namely that they can provide health, provide education, and increase income.

The Legal Position of The Use of Cryptocurrency In Maqashid Sharia Review

2024-04-19T03:13:20+00:00

Cryptocurrencies, exemplified by Bitcoin and Ethereum, operate on blockchain technology, serving as digital currencies devoid of physical representation. The rapid expansion of cryptocurrencies has ignited debates on their adherence to Maqasid Sharia principles, governing life and finance in Islam. Maqasid Sharia revolves around safeguarding five fundamental principles, including wealth. Cryptocurrencies function anonymously, introducing uncertainties about privacy and transparency, thereby prompting inquiries into their social and economic impacts within the Maqasid Sharia framework. This research aims to deepen our comprehension of the legitimacy of Bitcoin transactions and the legal standing of cryptocurrency use from the perspective of Maqasid Sharia. The method used a descriptive qualitative methodology. The conceptual approach delves into legal science views and doctrines, forming the foundation for constructing legal arguments. A Maqasid Sharia review of cryptocurrency usage guides data collection through a literature review. The findings indicate that Bitcoin and other cryptocurrencies hold potential as alternative currencies due to their flexibility and simplicity. However, criticisms arise regarding Bitcoin's volatility, which renders it unsuitable for long-term financial risk management. Some perceive Bitcoin more as a speculative investment than a genuine currency. From Maqasid Sharia's standpoint, using cryptocurrencies like Bitcoin presents both benefits and drawbacks. Primary concerns involve legitimacy and control by authorities, juxtaposed with advantages such as decentralization and privacy.

Central Bank Digital Currency (CBDC) Shariah System for Islamic Bank Liquidity Management

2024-04-19T03:15:13+00:00

The project of Central Bank Digital Currency (CBDC) in many nations is currently focused on conventional characteristics. The majority of the current research has concentrated on the monetary policy ramifications of a retail central bank digital currency (CBDC) that bears interest and operates on a single tier system. CBDC implementation will result in liquidity challenges for Islamic banks. This approach is only suitable for conventional mechanisms of liquidity management, such as the interbank market, secondary market financial instruments, the central bank discount window, and the Lender of Last Resort (LOLR), which are all interest-based. Islamic banks are prohibited from engaging in such activities. This study employed a literature review to investigate the design of Central Bank Digital Currency (CBDC) in accordance with sharia principles and its potential to mitigate the risk of Islamic bank liquidation. The incorporation of Central Bank Digital Currency (CBDC) into the monetary system is an unavoidable development. A retail CBDC, which is not subject to remuneration and does not experience value fluctuations, is considered legally permissible for usage in accordance with Islamic law, as it functions as a fiat currency solely for the purpose of exchange. To help the liquidity of Islamic banks due to use of CBDC, Central banks, therefore, need to either modify traditional instruments or to develop new Sharia’h compliant monetary policy instruments for mechanisms of liquidity management. It is proposed that an integrated e-wallet system adhering to shariah principles should be developed, incorporating a two-step transaction verification process that involves both the user and sharia boards. This system can be compared to Islamic coin. This system guarantees that transactions involving CBDC comply with the principles of Sharia, as defined by Islamic Coin through the use of HAQQ Wallet and Oracle Shariah. This method enables Islamic banks to utilize CBDC in a range of market products that adhere to sharia rules, serving as a means for managing liquidity.

Comparative Positive Law and Islamic Law in Prosecution of The Land Mafia

2024-04-19T03:22:55+00:00

Indonesia is still faced with the issue of land mafia that causes many problems and losses to the community, various policies have been made, one of which is by forming a task force, but until now there are still many unresolved cases. This research aims to answer land law problems arising from the existence of land mafia and how the direction of positive law and Islamic law in addressing land mafia. The method used in the preparation of this research is a juridical-normative approach, which is a research that focuses or examines how the application of legal norms/codes or rules in positive law. In addition, normative juridical research focuses on library materials and regulations used as the basic material for its preparation. The result of this research is that the positive law governing the eradication of the land mafia in Indonesia is currently not firmly regulated related to the land mafia, it can be seen from the absence of specific laws governing the land mafia and the role of the task force function whose authority is still lacking and from various cases that have not been resolved. In the perspective of Islamic Law, the land mafia has strict and serious penalties and clear sanctions, because the practice of land mafia is forbidden and the sanctions threatened are very severe. Land law problems arising from the existence of the land mafia are the existence of multiple certificates, the transfer of rights carried out with documentary evidence and the fake transfer process is also engineered, hampering the agrarian reform program, the commotion between the disputing communities, the deprivation of land rights from people who cannot fight because of the land mafia network to the judicial realm.

Ijarah Muntahiyah Bittamlik (IMBT) as an Alternative Lease Purchase Method as a Solution to The Rusunawa Ownership System

2024-04-19T03:40:07+00:00

Article 28H Paragraph (4) of the 1945 Constitution states that: "every person has the right to have private property rights and such property rights shall not be taken over arbitrarily by anyone". So this provision creates a constitutional norm that the implementation of Article 33 paragraph (3) and Article 28H paragraph (4) of the 1945 Constitution, the government needs to ensure the welfare of the community through the construction of residential houses. However, the development of residential housing is experiencing various challenges, these challenges include increasing population growth and urbanization in various regions, including in urban areas. This research aims to answer how what kind of financing and ownership model is effective to encourage ownership of rusunawa (simple rental flats) among low-income people. The method used in the preparation of this research is a juridical-normative approach, namely by examining various laws and regulations and technical conditions related to ownership of rusunawa housing. The result of this study is that one of the problems of rusunawa is that many of the dwellings that have been built become uninhabitable, one of the factors causing this is because the awareness of residents is still low because they feel they do not own the dwelling, for this reason it is necessary to make a breakthrough in the choice of payment methods so that residents have a sense of ownership of the dwelling they live in, one of which is the Ijarah Muntahiyah Bittamlik (IMBT) payment scheme. IMBT can be an alternative financing model and ownership of rusunawa in the Islamic financing system. With IMBT, low-income people can own rusunawa housing gradually and affordably. This research is limited to effective financing and ownership models to encourage ownership of rusunawa housing among low-income communities. This research provides a new concept so that the state can make a breakthrough for residents who rent rusunawa so that they can have housing with legal certainty of ownership, as a manifestation of the mandate of the 1945 Constitution.

Implementation of Sharia Compliance in Islamic Boarding Schools as an Acceleration of Halal Ecosystem Development

2024-04-19T03:44:34+00:00

The role of pesantren is very strong in Muslim-majority societies such as Indonesia, and has a great opportunity to develop a halal ecosystem towards a global halal Indonesia. This article aims to examine the implementation of sharia compliance in pesantren in an effort to accelerate the formation of the halal ecosystem. The research methods used are participant observation, in-depth interviews, and document analysis related to sharia compliance in pesantren. This study shows that sharia compliance in pesantren can accelerate the development of the halal ecosystem. The awareness to comply with pesantren laws is a contribution of pesantren in developing the halal ecosystem in all fields. The role of pesantren is very large in society, both through the fields of education, economy/finance, infrastructure and governance, this is in line with the development of the halal ecosystem. In addition, this article highlights the importance of collaboration between pesantren, halal industry, and government in creating an enabling environment for halal economic growth. As a research that focuses on Islamic boarding schools in a particular region, of course this research has limitations, because of differences in location, culture and social status of the community, each Islamic boarding school is different and can produce different conclusions. The practical implication of this research is the importance of supporting and encouraging the role of pesantren as educational institutions and developing a sustainable halal ecosystem.

Islamic and State Relations Prevailing in Indonesia

2024-04-19T03:49:05+00:00

Islamic nuanced law has officially become a positive law (lex positiva / ius constitutum) since the promulgation of Law Number 1 of 1974 concerning Marriage, which was later elaborated with Government Regulation Number 9 of 1975. The desire to compile the Book of Islamic Law in compiled form is felt increasingly urgent. The idea of compiling the Compilation of Islamic Law arose after two and a half years of the Supreme Court (MA). encouraged the Supreme Court to initiate the establishment of the Compilation of Islamic Law. The formulation of the Compilation of Islamic Law is intended as an effort to reform Islamic law in Indonesia in order to realize the certainty of Islamic law and so that Islamic law is relevant to the times in the context of Indonesia. The research method used in writing this journal is juridical-normative legal research which only emphasizes the study of documents, the legal sources used are laws and regulations, court decisions or decrees, contracts / agreements / contracts, legal theories and opinions of scholars. The purpose of writing this journal is to find out the extent of the relationship between Islam and the state that is influential in terms of social, cultural and historical factors that occur in Indonesia. The latest in this study is in the indicators that show that the strength of Islamic law has a great opportunity to be stronger in its development seen from the majority of the Indonesian population is Muslim and the weakness is the dynamic view of the community towards the massive implementation of Islamic law in Indonesia which is motivated by customs and culture that have grown since long ago.

Optimizing Nazhir's Role in Managing Waqf to Realize Economic and Social Development in Bekasi City

2024-04-19T03:51:20+00:00

Waqf is a form of worship that is recommended to be carried out by every Muslim. This is because the rewards continue to flow even though the wakif has died as long as the items donated can be used by people who need them. Waqf can include movable or immovable objects. Although various narrations/hadith say that the issue of waqf is about land, various scholars understand that non-land waqf is also fine as long as the objects are not immediately destroyed/exhausted when the benefits are taken. Waqf significantly contributes to growth. culturally and intellectually, waqf also plays a positive role in upholding social justice, because it encourages those who are rich to establish waqf that will guarantee the poor. In Indonesia, waqf is regulated in Republic of Indonesia Law Number 41 of 2004 concerning WAKAF. Article 5 of the Waqf Law explains that the function of waqf is to realize the potential and economic benefits of waqf property for the purposes of worship and to advance public welfare. In its development, Muslims have become aware of implementing waqf for their assets, especially in Indonesia, where the majority of the population is Muslim. The benefits of waqf institutions have been felt by Muslims, especially in economic and social development. The role of waqf nadzir is very important in order to improve and manage waqf objects. However, in practice there are many waqf objects that cannot be optimized and are even neglected, due to the inability of nadzir, especially in cities. Bekasi in managing waqf objects. For this reason, researchers will conduct research related to optimizing Nazir's skills in managing waqf assets in realizing economic and social development. In Article 9 of Law Number 41 of 2004 concerning WAKAF, Nazirwakaf can include: a. individual; b. organization; or c. legal entity. In carrying out his duties, Nazir received guidance from the Minister and the Indonesian Waqf Board (BWI). The problems that will be examined in this research are: 1) what is Nazhir's role in managing Waqf assets, 2) what is the form of optimizing Nazhir's skills in managing Waqaf to realize economic and social development in Bekasi City. The aim to be achieved is to research and study Nazhir's role in managing Waqaf in Bekasi City and looking for forms of optimizing Nazhir's skills in managing Waqaf to realize economic and social development.

The method used in this research is normative juridical, namely by examining secondary data and empirical juridical, namely examining primary data. The planned activities in this research are to conduct research on Waqf regulations, examine Nazhir's skills in managing Waqf assets in Bekasi City, conduct interviews with the Indonesian Waqf Board, which is an independent institution for developing waqf in Indonesia, conduct interviews with Waqifs, Nazhir and the City community. Bekasi. The research stage begins by examining the legal basis of Waqf in Indonesia, followed by examining the duties and authority of the Nazhir as the party authorized to receive waqf assets from the Wakif to be managed and developed according to their intended use. The next stage is to examine Nazir's skills in managing waqf assets and formulate a form of optimizing Nazir's skills in managing waqf assets to realize economic and social development. The resulting output is a recommendation for optimizing Nazir's skills in managing waqf assets.

The Implementation of Economic Empowerment Based on the Green Economy for the Community Through the Mawar Village Waste Bank Program in Marengan Daya From the Perspective Of Maqashid Shariah

2024-04-19T03:56:56+00:00

Economic empowerment is one way to improve people's lives. The "Mawar Waste Bank" program is a community initiative established by the residents of Marengan Daya village, utilizing various types of waste through various management methods to generate income for the community. The goal of this empowerment system based on the green economy, from the perspective of Maqashid Sharia, is to understand how the community implements this program with values aligned with Maqashid Sharia. The majority of the community, who are Muslims, must balance seeking worldly benefits and their hereafter, including applying Maqashid Sharia values in their daily lives. The research conducted was qualitative and descriptive in nature, with the subjects being members of the community participating in the Mawar Waste Bank program. The results of this study indicate that the community implementing the waste bank program can generate income from waste management, creating economic value. Additionally, they can participate in various savings programs provided by waste management entities, effectively investing their resources. Regarding Maqashid Sharia, the community diligently applies the values encompassing hifdz ad-din, hifdz nafs, hifdz aql, hifdz nasl, and hifdz maal.

The Legal Politics of Waqf Regulation in Indonesia

2024-04-19T03:59:58+00:00

This paper examines the dynamics of the changes in the regulation of waqf (Islamic endowment) in the context of legal politics in Indonesia. Waqf, as a religiously-based financial and social instrument, plays a significant role in building community welfare. This research explores how the regulation of waqf has evolved in conjunction with political developments in Indonesia. Through historical and contextual analysis, the paper discusses the political, legal, and social factors influencing the transformation of waqf regulations. The method used in this research is normative, also known as doctrinal legal research. Aditionally, qualitative approach is also used alongside.. The study outlines policy changes related to waqf from the colonial era to the contemporary period (post-reform era after 1998). In conducting this analysis, the focus is on the political dynamics shaping and altering the legal framework and policies related to waqf. Additionally, the impact of these changes on the implementation and benefits of waqf for the community is also a focal point of attention. The results of this research provide in-depth insights into how waqf, as a financial and social instrument, adapts to political changes in Indonesia. The implications of these findings can offer guidance for policymakers, practitioners, and academics to understand the role of waqf in the context of political dynamics and contribute to the sustainable socio-economic development of communities.

Development of Islamic Law

2024-04-19T07:26:49+00:00

Talking about Islamic law in Indonesia, Islamic law in Indonesia is developing insociety becomes the legal system in Indonesia or nationally. Although in Indonesia there are customary law, but Islamic law does not conflict with customary law, Law is products born from the dynamics of human life. Where there is society, there is society law. However, society developed continuously starting from ancient society up to advanced and modern society. Therefore, the law must always accompany it and follow the rhythm of development of modern society. In a developed society and modern, the law must be advanced and modern too. Based on the problems above, the aim of this research is for: 1) to explain the sociological review of Islamic law towards practice buying and selling with a coverage system at the Kemlagi sub-district supermarket Kemlagi, Mojokerto district; 2) To analyze the factors behind the sale buy with the coverage system at the Kemlagi supermarket in Kemlagi sub-district Mojokerto district.

The Challenge of Structuring Sharia Economic Law in Law Faculty

2024-05-06T04:29:30+00:00

The development of Islamic economics, which became an alternative economic system after the collapse of the Soviet Union, as well as a balance to the liberal-capitalist economy, is increasingly popular among business people, especially in countries with a significant Muslim population such as Indonesia. This phenomenon also encouraged the development of Islamic economic law in the end. Therefore, the learning system at law faculties is important in preparing competent Islamic economic law graduates. However, from the results of the evaluation of Islamic economic law learning so far, there are 2 main problems, namely legislative disharmony in Sharia Economic Law, and lack of competent human resources availability, including teachers or lecturers. Responding to this and using the focus group discussion method and discussions with the association of teachers and researchers of Islamic Economic Law or APPHEISI, Law Faculty of UIA formulating and structuring a curriculum for sharia economic law as concentration. The main challenge in doing so is the suitability of the material to practical needs in the digital era, in addition to the limited credits assigned to undergraduate level and the availability of teaching lecturers. Using a pedagogical approach and the link between the academy and the industrial as well as the link with learning outcomes, it was decided that the basis for the preparation was to maximize existing courses and give priority to the most related courses. Therefore, there are courses that are inserted and integrated with existing courses based on their proximity. With this approach, a curriculum composition of 144 credits is obtained, consisting of national subjects (12 credits), university subjects (12 credits), core competency subjects (93 credits), specific competency subjects (21 credits), minor/optional subjects (6 credits ). Apart from that, supporting programs are needed in the form of Training of Trainers (ToT) for Lecturers teaching Sharia Economic Law, and the establishment of The Study Center of Law and Sharia Economy at the university level, which is a collaboration between three faculties: the Faculty of Law, Economics and Religion.