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All Journal INFORMASI LAW REFORM Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY International Journal of Supply Chain Management Jambura Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Hukum dan Peradilan Jurnal Mengkaji Indonesia
Ayub, Zainal Amin
Unknown Affiliation
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Transportation

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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.
Averting Deforestation: Designing the Model of a Public Participation-Based Environmental Agreement of Shifting Functionality of Forest Permadi, Iwan; Maharani, Diah Pawestri; Ayub, Zainal Amin
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.68911

Abstract

This research highlights the shifting concepts and mechanisms in business licensing in forest areas from environmental licensing to an environmental agreement following the effectuation of Indonesia’s Job Creation Law. It is important to investigate this change, considering that it may involve environmental damage or deforestation in forest areas, which tends to be pro-businesses. With the normative-juridical method that incorporates statutory, conceptual, and analytical approaches, This research aims to analyze the concept of the integration of an environmental agreement in risk-based business licensing that has changed business licensing into an environmental agreement in forestry. This study also analyzes the concept of an environmental agreement concept regarding the likelihood of deforestation and the shifting functionality of forest areas. The last important point is that it is paramount to set an ideal legal construction in the environmental agreement in risk-based business licensing in forestry businesses by employing a restorative justice approach and public participation. The research results recommend an ideal legal concept in the integration of an environmental agreement into risk-based business licensing by taking into account public participation, as outlined in Environmental Protection and Management Law, implying citizens to have both public and private rights, enabling them to participate. Moreover, the public role can adjust to the need and risk levels developed with varied concepts of the development of public participation by considering theories and practices in other countries.
Reaching an Agreement for the Elimination of Child Labour from the Supply Chains Haq, Md. Zahurul; Alam, A. S. A. Ferdous; Ayub, Zainal Amin; Farzana, Kazi Fahmida
International Journal of Supply Chain Management Vol 9, No 5 (2020): International Journal of Supply Chain Management (IJSCM)
Publisher : ExcelingTech

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59160/ijscm.v9i5.5309

Abstract

This article examines how child labour can be eliminated from various supply chains in Bangladesh. Reinforcing this issue is important to comply with international labour standards on child labour and to avoid potential trade sanctions of various types. Drawing upon the examples of other mechanisms to implement international labour standards particularly in a situation when domestic initiatives remain largely ineffective, it is argued that various local and international actors in the supply chains have a key role to play in actively enforcing this international standard to help support an economy free from the curse of child labour. This article proposes that an international legally binding agreement among global importers, unions, and local stakeholders to improve the child labour situation may provide the best mechanism to eliminate this problem from various supply chains in Bangladesh.
Reconstruction of The Vice Regent’s Position in Optimization of Regional Autonomy: Realizing Democratic and Justice Values Palullungan, Liberthin; Lumentut, Lisma; Ayub, Zainal Amin
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1235

Abstract

The ambiguity of the Deputy Regent's position in local government makes the Deputy Regent's position often underestimated. The Deputy Regent is perceived as a subordinate of the Regent even though the Regent and Deputy Regent are both directly elected by the people. This study aims to reconstruct the Deputy Regent's position in order to optimize regional autonomy while at the same time embodying the values ​​of democracy and justice. This research is doctrinal research, prioritizing conceptual and statutory approaches. The results of the study confirmed that the weak position of the Deputy Regent compared to the Regent in carrying out his duties was caused by two factors, namely the juridical factor in the form of the absence of special arrangements regarding the duties and powers of the Deputy Regent, and from non-juridical factors, which is a political factor that placed the Deputy Regent as the Regent's subordinate. Efforts to realize the values ​​of democracy and justice for optimizing regional autonomy can be carried out by reconstructing the authority of the Deputy Regent by strengthening the proportional distribution of authority between the Regent and Deputy Regent.
The Conference of Parties - 27 (COP-27) Agreement As an Instrument of State Policy in Handling Deforestation: A Comparative Study of Sweden and Indonesian Governments Mutawalli, Muhammad; Ayub, Zainal Amin; Maskun, Maskun; Napang, Marthen
LAW REFORM Vol 19, No 1 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i1.52926

Abstract

The climate crisis is a threat to countries in the world. One of the factors causing the climate crisis is deforestation. Indonesia as the third largest tropical forest country in the world certainly has an impact on the world's climate. Indonesia is a victim of deforestation, moreover reforestation of forest land does not match the rate of deforestation. This research is a normative legal study, using comparative, conceptual, and regulatory approaches. This study discusses the implementation of the Conference of Parties - 27 (COP-27 ) agreement as the basis for establishing policy instruments in Indonesia in dealing with deforestation and looks at Sweden as a comparison in handling deforestation through a policy instrument scheme. This study found that Sweden, through its green politics concept, was able to control the harvesting and utilization of forest products effectively. COP-27 has environmental control principles, one of which is the global net zero principle, namely the earth's temperature is no more than 1.5 degrees. it is hoped that the principles in COP-27 will guide the Indonesian government in making legal policy instruments for environmental management, especially handling deforestation. This research suggests that, like Sweden's green politics, Indonesia needs to present strategic policies through the Green Environmentally Concept policy through policy instruments, be it through laws and regulations, government regulations, or presidential regulations to the level of regional regulations.
Factual Actions as Objects of State Administrative Disputes in State Administrative Courts Following the Issuance of the Job Creation Law Cahyandari, Dewi; Ayub, Zainal Amin; Pratama, Luvieandra; Sudjati, Xaviera Qatrunnada Djana
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.5

Abstract

The State Administrative Court Law currently in force presents contradictions, given that administrative activities represent one of its objects, which are inherently dynamic. This raises a significant question about whether the State Administrative Court Law, enacted in 1986, can still uphold its substantive principles. This study focuses on the discussion of factual actions. The Job Creation Law subsequently removed the determination of fictitious positive cases from the jurisdiction of the State Administrative Court. This study aims to describe, analyze, and disclose the fundamental meaning of factual actions as the objects of administrative disputes in the State Administrative Court. The study employs a normative method with legislative and philosophical approaches. The interpretation of factual actions as objects of administrative disputes in the State Administrative Court, following the issuance of Government Regulation in Lieu of Law No. 2 of 2022, requires that a request to a government official or body not addressed within the stipulated time frame is legally considered de facto granted. It is essential to consider the reality in the field, recognizing that the role of the State Administrative Court remains necessary to ensure legal certainty and protection for individuals or legal entities (Indonesian citizens) who submit requests for decisions to government officials or bodies.
Legal Framework for Protecting Children from Commercial Sexual Exploitation Abdul Rahman; Ayub, Zainal Amin; Ratnawati, Ratnawati
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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

Abstract

This study offers a critical analysis of the legal framework and policy measures aimed at protecting children from Commercial Sexual Exploitation of Children (CSEC) in South Sulawesi, Indonesia. Despite the ratification of international agreement and the enactment of domestic laws, such as Law No. 35 of 2014, the enforcement of these laws is inconsistent. This inconsistency is attributed to legal ambiguities, limited institutional capacities, and cultural attitudes that normalize exploitation. Employing a socio-legal approach, this research integrates legal analyses with field interviews to investigate the causes, manifestations, and legal management of CSEC. The findings reveal systemic shortcomings, such as the absence of specific criminalization for child prostitution and trafficking in the Criminal Code, ineffective implementation of regional regulations, and poor collaboration among law enforcement agencies, NGOs, and government entities. CSEC continues to be a pervasive issue, with victims often misidentified as offenders. The study advocates for legal harmonization with international standards, enhanced institutional collaboration, heightened public awareness, and community-based monitoring initiatives. It stresses the urgent need for child-rights-centric legal reforms to tackle the socio-cultural factors driving exploitation and to strengthen the protective role of both the state and society.
Revitalizing Political Parties in Indonesia: Dissecting Patronage-Clientelism Dynamics vis-à-vis Political Representation Mutawalli, Muhammad; Ayub, Zainal Amin; Faga, Hemen Philip
Jurnal Mengkaji Indonesia Vol. 2 No. 2 (2023): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v2i2.467

Abstract

Abstract: This paper discusses and describes the patron-client phenomenon within political parties. One of the reasons why patron-client relations persist in political parties is that the interests of the political elite are veiled and do not prioritize the dynamic aspects of democratization of political parties as a forum for people's representation. The method used in this study is a normative juridical research method using a statutory and conceptual approach and presented in a formal way qualitative descriptive prescriptive. Data was collected using the interview method, the researcher interacted with informants who were flexible and open to obtain the data needed in this paper. The theory used in this paper is the general patron-client theory, which has developed and is influenced by the political culture within the internal political parties. The results of this study indicate that the patron-client relationship between political parties and cadres is good in the aspects of party elites and candidates legislature. Regional head candidates that occur give rise to a reciprocal relationship which has implications for the non-occurrence of democratization schemes and principles within political parties as a forum for people's representation that will fill public positions. The patron-client phenomenon includes, among other things, personal gifts, interests that are family interest or morphological and have the nuances of money interest. Purpose: To find out the forms of patron-client practices within political parties and society that give rise to reciprocal relationships that impact political polarization of representation that does not work well and is far from the principle of political party cadres as a representation of the people's will. as well as finding ideal concepts related to patterns of relations between parties, both relations between cadres, political parties and society in general. Design/Methodology/Approach: Normative juridical using the statute and conceptual approaches. Findings: The patron-client phenomenon can be caused by a lack of awareness and political education, as well as inconsistency and inadequate performance within political parties, both at the institutional level and among members of the legislature and executive. Originality/Value: Examining patronage-clientalism within the context of political parties has received limited scholarly attention. The topic of voting behaviour during general elections often revolves around patronage-clientelism. However, this study specifically examines the phenomenon of patronage-clientelism within political parties and its implications for political corruption.
Freedom Of Religion And Belief Under Supreme Court Verdict Study Case On Supreme Court Decision Number 17/P/HUM/2021 Ayub, Zainal Amin; Dinata, Ari Wirya; Ambarini, Nur Sulistyo Budi; Susanti, Pipi; Elcaputera, Arie
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.1-28

Abstract

Freedom of religion or belief (FoRB) is one of the human rights stated in the 1945 Constitution. Article 29 paragraphs (1) and (2) of the 1945 Constitution. The recognition of religion guarantees the independence of each of its inhabitants to embrace their respective religions and to worship according to their religion or beliefs. The state guarantee on FoRB consists of assurance for the internal and external forums. Freedom to embrace religion or belief is an internal forum for everyone, an absolute right as regulated in ICCPR that Indonesia has also ratified. In fact, this provision is also regulated in Article 28 I paragraph (1) of the 1945 Constitution. The fulfillment of the right to FoRB is frequently discriminated against in Indonesia. The  issue of forcing to wear school uniforms with hijab for non-Muslim female students is still common in many public schools in Indonesia. The State has issued a joint decree (SKB) of 3 ministers to normalize the discriminatory status quo. However, the attempt to return it to its normal position was thwarted by the LKMM, which carried out the SKB test. Unfortunately, the Supreme Court (SC) canceled the SKB because schools have the right to carry out religious education and instilled values. The judges ratio decidendi made by the SC Justices were very dry from the perspective of freedom of religion or belief in canceling the 3 Ministerial Decrees. The judge saw the issue of forcing to wear hijab on non-Muslim students from the perspective of the majority religious thought without noticing that Indonesian society is very diverse. Therefore, the protection of the right to FoRB should also safeguard the religious minorities rights. This paper will examine decision made by judiciary power in term protecting the FoRB right. This verdict will be reviewing toward to justice consideration (ratio decedendi) and legal archicteture in filling the norm FoRB. Moreover, it will also appraise to judicial behavior based on breakfasting theory.
Choices of Law for Democratic Regional Head Election Dispute Resolution Institutions in Indonesia Amancik, Amancik; Ahmad Saifulloh, Putra Perdana; Ayub, Zainal Amin; Barus, Sonia Ivana; Ramadhani, Susi
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24792

Abstract

This research aimed to provide a conceptual idea regarding legal options in resolving disputes of democratic regional head elections in Indonesia with two proposed options. The first option included revising the Election and Regional Election Law to grant authority to the Constitutional Court (MK) and Election Supervisory Agency (Bawaslu) for adjudicating disputes. The second option proposed implementing the Fifth Amendment to the 1945 Constitution to reconstruct the Constitutional Court as an election court correlating with the primary role of upholding regulations. These proposed options would grant the Constitutional Court the authority to examine and adjudicate substantial matters related to the constitutionality of elections. Furthermore, the analysis used normative legal research including statutory, comparative, and conceptual methods.
Co-Authors Abdul Rahman Ahmad Saifulloh, Putra Perdana Alam, A. S. A. Ferdous Amancik Amancik Ari Wirya Dinata Barus, Sonia Ivana Dewi Cahyandari, Dewi Diah Pawestri Maharani, Diah Pawestri Dicky Wahyudi Elcaputera, Arie Faga, Hemen Philip Farzana, Kazi Fahmida Haq, Md. Zahurul Hudriyah Mundzir, Hudriyah Iwan Permadi Lumentut, Lisma Marthen Napang, Marthen Maskun Muslim, Shohib Mutawalli, Muhammad Nur Sulistyo Budi Ambarini, Nur Sulistyo Budi Palullungan, Liberthin Pratama, Luvieandra Ramadhani, Susi Ratnawati Ratnawati Shinta Hadiyantina Sudjati, Xaviera Qatrunnada Djana Sujoko, Anang Susanti, Pipi