Garuda - Garba Rujukan Digital

Legalitas Penggunaan Mata Uang Kripto Sebagai Alat Pembayaran Pada Era Industri 4.0 Mukharrom Hadi Kusumo; Nuryanto A. Daim
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.632

The public has made many changes to the pattern of economic transactions and non-cash currency transactions, indicating the increasing acceptance and preference of the public for online shopping and the formation of an e-commerce ecosystem, so Bank Indonesia will accelerate the issuance of a central bank digital currency. As in the preamble of the 1945 Constitution that the Indonesian nation is an independent nation based on the freedom of life as a nation, as a form of the Government of the State of Indonesia to promote general welfare and educate the nation's life, there needs to be a normative juridical type of research. The policy to regulate cryptocurrencies as legal tender in the country of El Salvador is a new breakthrough in the world of legal development so that the law follows technological developments in Era Industri 4.0. The legality of the Bitcoin crypto currency of the Republic of El Salvador is not much different from the legality of the regulation of the Indonesian Rupiah currency, thus enabling the Indonesian Government to make the Indonesian Rupiah cryptocurrency as a new means of payment in Era Industri 4.0.

Analisa Yuridis Kewenangan Badan Anggaran Dewan Perwakilan Rakyat Daerah Dalam Penyusunan Anggaran Pendapatan Dan Belanja Daerah Di Kabupaten Bojonegoro Hidayatus Sirot; Nuryanto A. Daim; Rihantoro Bayu Aji
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.636

In line with the concept of regional autonomy, that autonomous regions have the authority to exercise discretion, manage and explore the potential of their natural wealth as well as human resources so that the aims and objectives of regional autonomy can be carried out properly. The management and utilization of natural resources must be carried out wisely where the results are in addition to regional financial income, and are solely for the benefit of the wider community. Therefore, how the budget function of the Regional People's Representative Council to be effective and appropriate in the preparation of APBD planning must be optimized for the benefit of the community, because often the implementation of the budget function is not carried out properly and even tends to invite problems in the future, as well as members of the Regional People's Representative Council. often trapped in the interests of groups and party interests, thus neglecting the interests of the community which should be prioritized. In order to optimize the potential of the existing budget in the region, an active role is needed from the Budget Board of the Bojonegoro Regency Regional House of Representatives. This study aims to discuss and analyze the concept of the function of the budget according to the laws and regulations and the authority of the budget agency of the Regional People's Representative Council in the context of preparing the Regional Revenue and Expenditure Budget. The type of research used in this research is normative juridical with a statutory approach and a historical approach, and ends with a qualitative descriptive analysis in producing a precise and accurate analysis.

Peran PPATK Dalam Mengungkap Tindak Pidana Pencucian Uang Hasil Dari Tindak Pidana Korupsi Firzatul Rima Fitriana; Nuryanto A. Daim
Law and Humanity Vol 3 No 1 (2025): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v3i1.705

The Financial Transaction Reports and Analysis Center (PPATK) plays a strategic role in uncovering money laundering crimes (TPPU) originating from corruption offenses (tipikor) in Indonesia. As a financial intelligence institution, PPATK is responsible for detecting, analyzing, and reporting suspicious financial transactions often used to obscure the proceeds of corruption. This article explores PPATK's role within the domestic context, including the receipt and analysis of suspicious transaction reports (STRs), tracing the flow of illicit funds from corruption, and coordinating with law enforcement and relevant national agencies. The main challenges faced by PPATK include low compliance in reporting by financial institutions, limited access to specific transaction data, and gaps in regulatory implementation. Through policy analysis and domestic case studies, this article emphasizes the importance of strengthening PPATK's capacity by optimizing technology, enhancing regulations, and fostering inter-agency cooperation at the national level. These efforts are expected to support the creation of a more transparent and accountable financial system in Indonesia.

Legitimasi Nikah Sirri dalam Perspektif Hukum Islam dan Tantangan Pencatatan Perkawinan di Era Digital Alvia Noris; Nuryanto A. Daim
Law and Humanity Vol 4 No 1 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i1.802

Marriage is a sacred institution within Islamic family law and Indonesian national law. However, unregistered marriages (sirri marriages) remain prevalent due to social, cultural, economic, and educational factors. The absence of marriage registration generates serious legal issues, including child status, inheritance rights, spousal protection, and legal certainty in civil administration. This conceptual study examines the legitimacy of unregistered marriages through the lens of Islamic family law while analyzing the challenges of digitizing marriage registration through SIAK, SIMKAH, and other electronic-based public services. The findings show that although Islamic law deems marriages valid when the pillars and requirements are fulfilled, the state considers registration essential for legal protection. The digital era provides significant opportunities to reduce unregistered marriages, yet barriers such as low digital literacy, technological inequality, and regulatory gaps pose persistent obstacles. This study highlights the need for harmonization between Islamic jurisprudence and national legal norms supported by digital-based legal administration to ensure comprehensive legal protection.

Pemberian Izin Usaha Pertambangan bagi Organisasi Kemasyarakatan Keagamaan Perspektif Teori Keadilan dan Kemanfaatan Hukum Ahmad Ragil Prasetyo; Nuryanto A. Daim
Law and Humanity Vol 4 No 1 (2026): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v4i1.807

The policy granting Mining Business Permits (IUP) to religious community organizations through a priority auction scheme has generated new legal concerns in the governance of the mining sector. The Constitutional Court’s Decision No. 77/PUU-XXII/2024 views this policy as an effort to broaden participation in natural resource management by allowing business entities owned by such organizations to compete. Nevertheless, unclear regulatory boundaries and weak supervisory mechanisms create risks of misuse in practice. This study examines the Court’s legal reasoning by employing Jeremy Bentham’s utilitarianism and John Rawls’ theory of justice within a normative juridical approach. The research finds a regulatory gap between the religious functions of these organizations and their potential role in commercial mining activities. The Court’s considerations tend to align with Bentham’s focus on promoting broader social and economic benefits. However, from Rawls’ perspective, the policy may lead to unequal distribution of advantages and open opportunities for certain groups to dominate natural resource management. Thus, while the decision seeks to enhance overall societal utility, it also raises concerns regarding constitutional prudence and distributive fairness. Additional implementing regulations and stronger oversight are needed to ensure its execution remains consistent with the principles of the rule of law.

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