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The Criminal Law & Muamalah Studies on the Affiliator Role of Binary Option Transaction Any Ismayawati; Inna Fauziatal
Jurnal Akta Vol 9, No 2 (2022): June 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i2.22366

Abstract

The development of the digital world today has not been fully followed by the development of human capabilities in the digital field. This is what gives rise to various problems, especially in facing the trend of digital transactions, such as Binary Option. The most obvious impact in digital transactions is the emergence of affiliates who take huge profits on the losses of their transaction partners. Regarding to above statement, this study aims to explore the role of trading affiliater in digital transactions, the performative function of criminal law, and the perspective of sharia contracts in muamalah about Binary Option. The method of this research is normative research using a statutory approach in criminal law and sharia contracts in muamalah. The results showed that the role of affiliates in Binary Option is to influence business people to enter the circle of online type transactions, by promoting that Binary Option are fast, easy and very profitable transactions. In the perspective of criminal law shows that those committed by affiliates in Binary Option are included in the criminal act of fraud. Likewise in muamalah, digital transactions such as Binary Option are classified as prohibited transaction because it contains elements of Gharar and it is not called selling in Islam.
LEGAL RECONSTRUCTION OF CORPORATE SOCIAL RESPONSIBILITY: PREVENTING AN ENVIRONMENTAL CONFLICTS Any Ismayawati; Luqman Nurhisam
Jurnal Pembaharuan Hukum Vol 9, No 2 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i2.23360

Abstract

The conflicts between companies and communities have a massive impact and even cause national instability so that it becomes counter-productive with development goals. In this regard, this study examines why there are many environmental conflicts between companies and communities, why many companies do not implement CSR, and how the legal reconstruction of CSR that can prevent environmental conflicts. This study aims to find out why there are so many conflicts between companies and the community? To find out why many companies do not implement CSR? and how to reconstruct CSR regulations in order to prevent environmental conflicts between companies and communities. The approach method used a normative juridical approach. The results of this study show that conflicts between companies and communities are frequent and difficult to resolve because the current CSR regulations provide opportunities for companies to exploit natural resources and override the protection of human resource interests that should be the subject of development rather than the object of development. Many companies do not implement CSR because CSR regulations are still appealing and there are no criminal sanctions, and there is no legal unification. Therefore, it is necessary to reconstruct CSR regulations in order to prevent environmental conflicts.
Child Marriage in Indonesia: Sexual Violence or Not? Inna Fauzi; Any Ismayawati
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17850

Abstract

Child marriage in Indonesia presents a progressive article as stated in Article 4 of Law Number 12 of 2022 concerning the crime of sexual violence. This is a problem that is quite complicated for the Indonesian people because child marriage creates new problems because it contains elements of punishment. In this regard, this paper aims to examine how the interpretation of the article on the punishment of children is carried out, how to implement the elements of punishment for child marriage as stipulated in the Act on the Crime of Sexual Violence and how to review Islamic law on the article on the punishment of child marriage. The results of the study show that the Article policy with certain threats for perpetrators of mental sexual violence through child marriage is carried out by giving criminal sanctions. the implementation of punishment for the perpetrators involved in the occurrence of child marriages with coercion is the use of criminal sanctions. while the review of Islamic law on the article on criminalizing child marriage should be measured more deeply using the right of ijbar and ikrah as they should because both have different positions and meanings.
Child Marriage in Indonesia: Sexual Violence or Not? Inna Fauzi; Any Ismayawati
De Jure: Jurnal Hukum dan Syari'ah Vol 14, No 2 (2022)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v14i2.17850

Abstract

Child marriage in Indonesia presents a progressive article as stated in Article 4 of Law Number 12 of 2022 concerning the crime of sexual violence. This is a problem that is quite complicated for the Indonesian people because child marriage creates new problems because it contains elements of punishment. In this regard, this paper aims to examine how the interpretation of the article on the punishment of children is carried out, how to implement the elements of punishment for child marriage as stipulated in the Act on the Crime of Sexual Violence and how to review Islamic law on the article on the punishment of child marriage. The results of the study show that the Article policy with certain threats for perpetrators of mental sexual violence through child marriage is carried out by giving criminal sanctions. the implementation of punishment for the perpetrators involved in the occurrence of child marriages with coercion is the use of criminal sanctions. while the review of Islamic law on the article on criminalizing child marriage should be measured more deeply using the right of ijbar and ikrah as they should because both have different positions and meanings.
Co-Authors Luqman Nurhisam Zaimatus Sa'diyah Zaimatus Sa’diyah