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All Journal Jurnal Media Hukum Indonesian Comparative Law Review
Shuaib, Farid Sufian
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Law, Crime, Criminology & Criminal Justice

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Comparative Law in Asia: The Case for Intra-Asia Intensification Shuaib, Farid Sufian
Indonesian Comparative Law Review Vol 1, No 1: December 2018
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.1101

Abstract

I would like to thank the organiser for inviting me to participate in this important conference – the ASIAN Conference on Comparative Law 2018 – with the theme “Comparative law and Legal Culture in Asia”. This conference is certainly timely considering what is happening around us on the world stage. One inference that we could make from Brexit (namely the success of the referendum for United Kingdom to leave the European Union) and the support received by the far right populist political parties in Europe, (such as the National Front in France) is that nationalism is on the rise. Of course, nationalism helps the creation of states in the first place and thus is not necessarily a terrible thing. Moreover, nationalism could be used to harness unity and cohesiveness in a nation in order to be a developed country, so that the agenda for development could be executed and achieved. However, the language of nationalism that one could hear from some parts of the world is about superiority and exclusion. Thus, a conference on Comparative Law is nothing but timely.
Religious Courts in Indonesia and Malaysia: History, Structure, and Jurisdiction Azzahra, Raihan; Shuaib, Farid Sufian
Indonesian Comparative Law Review Vol 4, No 2 (2022)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v4i2.15911

Abstract

As Muslim-majority countries, Religious Court plays an important role in resolving disputes among Muslims both in Indonesia and Malaysia. This doctrinal legal study employs comparative approach. Comparison is made between the Indonesian Religious Court and the Malaysian Religious Court, particularly in terms of history, structure, and jurisdiction. The result of this study shows that there are some commonalities and differences. Regarding the commonalities, Religious Courts from both countries have a long evolution in three various periods of history, both countries' Religious Courts are mostly organized into three levels, and they both share the same jurisdiction of the courts that only Muslims are subjected to their jurisdictions. For the differences, the history of Religious Courts in Indonesia and Malaysia were influenced by different colonials, all Religious Courts in Indonesia have an integrated and hierarchical structure, while in Malaysia, the structure is separated from one state to another, and the jurisdiction indicates that Indonesia has law uniformity, whereas Malaysia is not uniform in all states
A Comparison of Legislative Election Systems in Indonesia and Malaysia Nugroho, Rahmat Muhajir; Asmorojati, Anom Wahyu; Setyaningrum, Wita; Shuaib, Farid Sufian
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.21485

Abstract

The article aimed to analyze the comparison of electoral systems in Indonesia and Malaysia due to relevant differences and similarities. In Malaysia, the legislative election system was implemented to elect members of the People Council using a district platform. Meanwhile, Indonesia used an Open Proportional system to elect members of the National and Regional Representative Councils. A total of three aspects were also compared between both countries through a legal research and comparative approach, namely Government, Election, and Party Systems. Data collection was subsequently carried out through empirical studies, including interviews and literature reviews. The results showed that differences in government systems, state forms, and administration were observed between Indonesia and Malaysia, where proportional and district electoral platforms were implemented, respectively. Despite the differences, the two countries still had various similarities, such as the implementation of a multiparty system using different party coalition platforms. Variations were also observed in the implementation of voting rights by soldiers and convicts within both countries.
Co-Authors Anom Wahyu Asmorojati Azzahra, Raihan Rahmat Muhajir Nugroho Wita Setyaningrum, Wita