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All Journal Arena Hukum Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Ilmiah Hukum LEGALITY qolamuna : Jurnal studi islam Widya Yuridika Jurnal Ilmiah Edunomika (JIE) International Journal of Business, Law, and Education Indonesian Community Journal The Easta Journal Law and Human Rights Lex Journal : Kajian Hukum dan Keadilan Journal of Progressive Law and Legal Studies Rechtsnormen Journal of Law INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS) Indonesian Journal of Community Empowerment Jurnal Ekonomi, Manajemen, Akuntansi
Muslim, Shohib
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Public Health Social Sciences Other

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Omnibus Law: Effectiveness of Online Licensing and Law Enforcement of the Capture Fisheries Sector in Indonesia Muslim, Shohib; Chalim, Abdul; Prasetya, Aliya Afifah; Akbarina, Farida
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.1082

Abstract

The government has carried out the task of simplifying several laws through the ratification of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 11 of 2020 regarding Job Creation. This initiative aims to encourage investment and increase employment opportunities. A number of articles of the old law have been amended or deleted by this regulation. One of the laws in question is Law Number 31 of 2004 concerning Fisheries. In addition, Law Number 45 of 2009 is an amendment to Law Number 31 of 2004. This study applies a normative legal research methodology, where this type of research refers to scientific investigations of legal issues by conducting research through library sources or data related to secondary license issued by the OSS Institution through an integrated electronic system. This research approach is characterized by consideration of the risk-based licensing process, not only based on licensing criteria. Apart from the main goal of increasing user convenience, individuals with limited educational levels, such as fishermen, may face challenges when trying to access the OSS system. The application and implementation of criminal law as the main legal remedy poses its own challenges. Therefore, the utilization of the criminal justice system as a means to eradicate fish theft is mainly used as a final remedy (ultimum remedium). While other sanctions, such as administrative sanctions and actions, are generally used as the main means of law enforcement.
Fiduciary: Financing Guarantees and Ownership in the Business Akbarina, Farida; Muslim, Shohib; Setiawan, Ikhsan; Khoirunnisa, Rizqi
Journal of Progressive Law and Legal Studies Том 2 № 03 (2024): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v2i03.1122

Abstract

The concept of fiduciary is the transfer of material rights of an object based on trust, which often causes multiple interpretations. Ownership and control of a fiduciary guarantee object in various cases, it is not uncommon for disputes between creditors and debtors to occur in a fiduciary guarantee agreement because the creditor assumes that with the existence of executory rights as fiduciary recipients, the object of fiduciary guarantee is legally owned by the creditor so that the creditor has the right to take and sell the fiduciary guarantee object when the debtor defaults. Unilaterally, the debtor who considers that the object of the fiduciary guarantee is owned because the object is registered in his name so that the debtor can use the object freely, such as handing over to a third party or selling the object of the fiduciary guarantee unilaterally. The author employs normative legal research techniques. According to the study's findings, the debtor owns the Fiduciary Guarantee Object following the Law, and the debtor controls the collateral object for financial gain. A law should be made clearly and firmly to avoid conflicts between its articles. In the business world, a fiduciary is a security for the parties when funding is implemented. With this rights transfer, the fiduciary will have the power to make decisions while prioritizing other creditors.
The meaning of “strength executive" in the Constitutional Court decision for the execution of fiduciary securities Muslim, Shohib; Hadiyantina, Shinta; Mundzir, Hudriyah; Ayub, Zainal Amin
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 1 (2023): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i1.23244

Abstract

Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor's business flow because the position of the subject of fiduciary obligations is in the debtor's control, making it possible for disputes between debtors and creditors. This normative legal research was conducted using a philosophical, juridical approach covering statutory policies, conceptual and case approaches. PMK No. 2/PUU-XIX/2021 does not regulate creditor legal provisions in enforcing fiduciary securities, making it difficult for creditors to execute them. The Constitutional Court should decide to guarantee justice for all parties and provide a decision with clear content and sentence structure, so multiple interpretations will not occur. The execution of fiduciary securities during the Covid-19 pandemic should not be immediately carried out because the creditor had to follow the predetermined procedures.
Pengadilan Tata Usaha Negara Dalam Memberikan Perlindungan Hukum Kepada Masyarakat Zamzami, Abid; Muslim, Shohib
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4530

Abstract

Indonesia is a rule of law country, which means that all government administration actions must be based on law. One of the elements of a rule of law according to Friedrich Julius Stahl is the existence of Administrative Justice (PTUN) as a means of control over government actions as well as a medium for society to seek justice if the government's actions suffer losses. The existence of the State Administrative Court is a form of legal protection for the public for all legal actions carried out by the government so that it is in line with the provisions stipulated in statutory regulations and prevents the public from being exposed to arbitrary actions carried out by the Government. The enactment of Law Number 30 of 2014 concerning Government Administration has expanded the authority of the State Administrative Court in examining administrative decisions. With this extension, it is not my decision that can be used as an object of dispute, but positive fictitious decisions can also be used as an object of dispute.
Tinjauan Hukum Terhadap Kedudukan Fatwa Dewan Syariah MUI dalam Usaha Asuransi di Indonesia Muslim, Shohib; Hadiwinata, Khrisna
Qolamuna : Jurnal Studi Islam Vol. 3 No. 2 (2018): Februari 2018
Publisher : STIS MIFTAHUL ULUM LUMAJANG PRESS (STISMU PRESS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (680.603 KB)

Abstract

The purpose of this study to analyze the regulation that regulates the strength of the law of the national sharia board fatwa MUI Number 21/DSN-MUI/X/2001 on the implementation of sharia insurance business in Indonesia and to analyze how protection of the law against the insured in case of insolvency of sharia insurance company. The results of the research indicate that the legal force of the fatwa of the MUI Sharia Council is still very weak, so there is a need for a law-level regulation to accommodate the implementation of sharia insurance in Indonesia. Based on TAP MPR Number III/2000 regarding the source of National Law and Order of Regulation of the Unitary State of the Republic of Indonesia and the Law of the Republic of Indonesia Number 12 of 2012 on the Establishment of Laws and Regulations, the fatwa does not also include the type of state legislation Unity of the Republic of Indonesia. Keywords: Sharia Insurance, The Board’s fatwa MUI, Legal Protection.
ANALYSIS OF PPPK SALARY AND INCOME SCHEME IN THE 2023 ASN BILL Yanti Parinduri, Ramadha; Sako Baderan, Umar; Mitrin, Abdullah; Ryke Kalalo, Rieneke; Muslim, Shohib
International Journal Of Humanities, Social Sciences And Business (INJOSS) Vol. 3 No. 1 (2024): JANUARY
Publisher : ADISAM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The ASN Bill which was just passed by the DPR last month presents the concept of a new salary scheme for PPPK. Initially PPK and PNS had slightly different salary schemes, especially regarding pension guarantees which PPPK did not have. The presence of the newly passed ASN Law does not recognize the difference between PPK and PNS salaries. Therefore, this research aims to describe the differences in salary schemes that exist in the old and new ASN Laws. This research is qualitative research with a descriptive approach. The data used in this research is secondary data using a library approach collected using data collection methods, data selection, data reduction and drawing conclusions.
Effectiveness of Online Mediation in Resolving Cross-Border Civil Disputes Muslim, Shohib; Jonathan, Bouyea; Barroso, Uwe; Syam, Anna Rahma
Rechtsnormen Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1411

Abstract

Background: The rapid advancement of digital technologies has transformed various aspects of the legal field, including dispute resolution. Online mediation has emerged as a promising method for resolving cross-border civil disputes, offering a convenient and cost-effective alternative to traditional litigation. Despite its potential, the effectiveness of online mediation in this context remains underexplored, particularly in terms of user satisfaction, cost savings, and resolution time. Objective: This study aims to evaluate the effectiveness of online mediation in resolving cross-border civil disputes. The research seeks to assess user satisfaction, cost efficiency, and the duration of the mediation process compared to traditional methods. The goal is to provide empirical evidence on the viability of online mediation as a dispute resolution mechanism in international contexts. Methods: A mixed-methods approach was employed, combining quantitative surveys and qualitative interviews. Quantitative data were collected from 200 participants who have engaged in online mediation for cross-border disputes, measuring their satisfaction, cost savings, and resolution time. Qualitative interviews with 30 mediators provided deeper insights into the challenges and advantages of online mediation. The data were analyzed using statistical methods for the surveys and thematic analysis for the interviews. Results: Findings indicate that online mediation is highly effective in resolving cross-border civil disputes, with 85% of participants expressing satisfaction with the process. Cost savings averaged 40% compared to traditional litigation, and the average resolution time was reduced by 50%. Mediators highlighted the flexibility, accessibility, and reduced logistical challenges as significant advantages of online mediation. Conclusion: Online mediation is an effective method for resolving cross-border civil disputes, offering high user satisfaction, significant cost savings, and reduced resolution times. Implementing best practices can further optimize these benefits. Future research should explore the long-term impacts and develop strategies to address identified challenges, ensuring the sustainable integration of online mediation in international dispute resolution.
The Impact of Hate Speech Regulations on Freedom of Expression an Indonesian Legal Perspective Muslim, Shohib; Solapari, Nuryati
The Easta Journal Law and Human Rights Vol. 3 No. 01 (2024): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v3i01.352

Abstract

This paper explores the impact of hate speech regulation on freedom of expression in Indonesia from a juridical perspective. The study focuses on the legal framework, including the Electronic Information and Transactions Law (UU ITE) and the Indonesian Penal Code (KUHP), both of which are central to the regulation of hate speech. Through an analysis of key statutes, court rulings, and case studies, this paper highlights the tension between protecting public order and safeguarding free speech. The findings reveal that vague legal definitions and broad enforcement of hate speech laws have led to selective prosecution, often targeting political dissent and criticism. These issues raise concerns about the erosion of democratic rights and the potential misuse of hate speech laws for political purposes. Recommendations are provided to clarify legal definitions, ensure proportionality in enforcement, and prevent the misuse of these laws in a manner that balances the protection of social harmony with the preservation of freedom of expression.
ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law Muslim, Shohib; Hadiwinata, Khrisna; Khoirunnisa, Rizqi; Hadiyantina, Shinta; Amin Ayub, Zainal
Nurani Vol 24 No 2 (2024): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v24i2.22152

Abstract

The International Labor Organization has clearly regulated that human rights such as the right to work must be upheld and guaranteed. Therefore, no one should be prevented from working to meet their needs, whether domestically or abroad. The most crucial factor is the state's ability to safeguard its inhabitants, particularly those who work overseas, so that they can be treated with the respect and dignity befitting human beings. The private sector, represented by PTKIS, is given broad responsibilities by Law Number 18 of 2017 concerning the placement and protection of Indonesian workers abroad. However, Chapter VI of the law provides protection only during placement and does not include a comprehensive protection system. This study employs normative legal research using both a concept and statutory approaches. The study concludes that significant changes are required, including giving the government more authority to place and protect migrant workers. Up to now, there has been no clear definition of the extent or boundaries of this authority. It remains challenging to apply the development of legal frameworks and protections for migrant workers in line with the labour rights principles outlined in the ILO convention on the protection of all migratory workers to the issues encountered by workers overseas. The protection of migrant workers is frequently implemented in a fragmented and unsustainable way.
Appraisal Team: Responsibility and Principle of Fairness in Determining the Value of the Auction Object Limit Muslim, Shohib; Noerdajasakti, Setiawan; Setyowati, Dewi; Siboy, Ahmad
Arena Hukum Vol. 17 No. 3 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01703.7

Abstract

Appraisal service companies are entities tasked with determining the true value of wealth or property for various trade transaction purposes, but they currently face a range of economic and legal challenges. This study analyses the appraisal team's principles of justice and legal responsibility in setting the minimum bid value for auctioned collateral. Employing a normative legal research method, this research draws on statutory, conceptual and case approaches supported by primary legal material. The findings show that the appraisal team is legally responsible for the values they determine for collateral auctions, with the liability encompassing three main areas, including civil liability. If the team is proven to have violated the provisions of the auction as mentioned in PMK Number 228 / PMK.01 / 2019 concerning Public Appraisers, they may face administrative sanctions, such as written warnings, restrictions on certain appraisal services, suspension of permits, or permit revocation. Furthermore, the Government has provided legal protection to auction buyers with good faith who participate in auctions in compliance with applicable regulations. Fairness must be achieved and upheld through just procedures to ensure fair results, giving all parties equal standing and rights in the auction process.
Co-Authors Abdul Chalim, Abdul Ahmad Siboy Amin Ayub, Zainal Ayub, Zainal Amin Bakhrudin Barroso, Uwe Dewi Setyowati Fadloli, Fadloli Farida Akbarina Hadiwinata, Khrisna HARI PURNOMO Hudiarini, Sri Hudriyah Mundzir, Hudriyah Ikhsan Setiawan Jonathan, Bouyea Lova, Evi Fajriantina Mitrin, Abdullah Novitasari, Ane Prasetya, Aliya Afifah Purnomo, D Rizqi Khoirunnisa Ryke Kalalo, Rieneke Sekamdo, Muhammad Aga Setiawan Noerdajasakti, Setiawan Shinta Hadiyantina Solapari, Nuryati Syam, Anna Rahma Umar Sako, Umar Yanti Parinduri, Ramadha Zamzami, Abid