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All Journal Afkaruna: Indonesian Interdisciplinary Journal of Islamic Studies Indonesian Journal of International Law Unifikasi : Jurnal Ilmu Hukum
Maguchu, Prosper
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Borders and Boundaries: Importing Asset Recovery "Duty Free" in Transitional Justice Processes Maguchu, Prosper
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (739.978 KB)

Abstract

As new conflicts emerge, transitional justice practitioners are finding it increasingly imperative to incorporate the concepts of asset recovery into transitional justice processes and mechanisms. However, for its success, the pillar of transitional justice relating to international asset recovery needs strengthening. Yet a granular understanding of this dimension remains a critical blind spot in the transitional justice and human rights conversation. This paper brings the dynamics of asset recovery as an emerging aspect of human rights law to the fore. In terms of methodology this paper relies on Sharp’s critically motivated problem-solving theory. The paper suggests that for transitional justice to be holistic it should include asset recovery in its accountability mechanisms. Hopefully, it humbly contributes a new angle toward the understanding of what transitional justice can and could become.
Is Early Marriage a Problem in Indonesia? Maqāṣid Al-Sharī‘ah, Economic and Quadruple Helix Analysis Hidayat, Yusup; Machmud, Aris; Sadino, Sadino; Lutfi, Anas; Maguchu, Prosper
Afkaruna: Indonesian Interdisciplinary Journal of Islamic Studies Vol 20, No 1: June 2024
Publisher : Fakultas Agama Islam Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/afkaruna.v20i1.19493

Abstract

Early marriage is a contributing factor to low levels of health, education, and family welfare. Early marriage is a worldwide occurrence that warrants the attention of all stakeholders, including UNICEF. The objective of this study is to address the issue of early marriage in Indonesia by employing the quadruple helix approach and doing legal and economic analysis to effectively reduce the prevalence of early marriages. The author employed a type of normative juridical study that incorporated both national law and the Islamic legal method approach known as maqāṣid al-sharī‘ah. This was done by utilizing the quadruple helix and economic analysis of law (EAL) theory. Ultimately, early marriage is influenced by ineffective regulations as well as cultural, economic, and educational factors. To address this issue, it is crucial to establish a strong collaboration between academics, businesses, government, and society. Additionally, raising awareness among the public about the benefits of delaying marriage until the appropriate age can contribute to the well-being of couples, families, and society as a whole. This approach can also incentivize the community by facilitating access to education, the economy, and healthcare and addressing issues such as stunting.
Judicial Review of the Obligation to Have an Approval Letter for Sailing in the Crime of Sailing in Indonesia Rifai, Anis; Maguchu, Prosper
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.760

Abstract

Shipping is controlled by the state and carried out by the government. Sailing approval letters can be given by a harbour master to the ship user or owner if the ship has fulfilled several important requirements. The aim of research is to find out how the obligation of a sailing approval letter is regulated and what the legal consequences of not having a sailing approval letter are. Research methods used a normative juridical method with analytical descriptive specifications. The results of the research found that ship sailing is required to have a Sailing Approval Letter issued by the Harbormaster as stated in article 219, paragraph (1), of Law Number 17 of 2008 concerning Shipping. Conclusion: The legal consequences if you do not have a letter of approval from the harbormaster will be threatened with imprisonment and fined as regulated in Article 323 Paragraph (1) of Law Number 17 of 2008 concerning Shipping and Law Number 8 of 1981 concerning Criminal Procedure Law, as well as statutory regulations.
Co-Authors Anis Rifai Lutfi, Anas Machmud, Aris Sadino, Sadino Yusup Hidayat