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All Journal Afkaruna: Indonesian Interdisciplinary Journal of Islamic Studies Jurnal Hukum Novelty 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.
Legal protection for personal data security and muzakki financial transactions on digital zakat platform Insani, Nur; Rohaya, Nizla; Mutiara, Upik; Maguchu, Prosper
Jurnal Hukum Novelty Vol. 15 No. 1 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v15i1.a27200

Abstract

Introduction to the Problem: The implementation of digital zakat has become a popular trend for zakat practices in Indonesia, allowing the muzakki to make their payments swiftly and easily online. However, there are several challenges faced in the adoption of digital zakat in Indonesia, including concerns on the security of personal data and financial transactions. The potentials for hacking or misuse of muzakki's personal data may hinder the development of digital zakat.Purpose/Study Objective: This paper examines the legal protection of the personal data of zakat payers who use digital platforms as the means for distributing their zakat.Design/Methodology/Approach: The method used in this study is qualitative through normative legal research. The data obtained is analyzed with conceptual approach to formulate specific regulations governing digital zakat platform in detail.Findings: The existence of digital zakat is considered a technological innovation that has increased the accessibility of zakat for the people, thereby improving the welfare of those underprivileged. However, confusion and uncertainty regarding the rules and procedures of digital zakat remain in Indonesia. Digitising zakat brings along its own risks and challenges, including the potential for the misuse of funds, data security issues, and the lack of monitoring and accountability. To ensure the appropriate use of zakat funds in accordance with Islamic law and the relevant regulations, both the zakat institutions and the government must strengthen their supervisory and control over the collection and distribution of zakat through digital platforms. Additionally, it is important to note that not all levels of society in Indonesia have access to digital technology. A significant portion of the population, particularly those in remote areas, may not be able to fully participate in digital zakat practices due to lack of internet access or other necessary equipment.Paper Type: Research Article
The Role of Civil Society Organisations in Asset Recovery Maguchu, Prosper; Ghozi, Ahmad
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

In Zimbabwe, civil society organisations (CSOs) have played a significant role in documenting cases of corruption and mismanagement that have deprived Zimbabweans of their basic human rights. This work can facilitate asset recovery efforts, which is a high priority for the Government of Zimbabwe. The country continues to face enormous challenges despite the political changes that have occurred in recent years. This makes the contribution of civil society all the more important. In particular, CSOs can play a role in raising public awareness, research, advocacy, case management and monitoring returned assets. Hence, CSOs should not only be encouraged but also equipped to work with government and state institutions: providing information, increasing accountability and building political will. The government and third sector can achieve far more working cooperatively than either could alone. To that end, Transparency International Zimbabwe seeks to provide CSOs with a platform to effectively engage with and support the recovery of stolen assets within and beyond Zimbabwe’s borders. This paper will encourage CSOs to explore opportunities to effectively engage in the asset recovery process, including in partnership with other actors, so that they can work towards returning the assets to Zimbabweans in desperate need. As the first of its kind, this paper is not intended to be exhaustive, but rather provides an introductory overview to CSOs’ engagement with asset recovery and identifies their specific strengths. It also analyses CSOs’ asset recovery networks, which will allow Transparency International Zimbabwe to understand who is already working with whom so that it can build on this knowledge for future collaborations. In terms of scope, this paper discusses asset recovery in the context of corruption-related offences, with an emphasis on cases involving senior public officials.
Co-Authors Ahmad Ghozi Anis Rifai Lutfi, Anas Machmud, Aris Nur Insani Rohaya, Nizla Sadino, Sadino Upik Mutiara Yusup Hidayat