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All Journal Ahkam: Jurnal Ilmu Syariah Bestuur JUSTITIA JURNAL HUKUM Hasanuddin Law Review JHCLS JURIS (Jurnal Ilmiah Syariah)
Abdul Kadir Jaelani
Faculty of Law, Universitas sebelas Maret, Surakarta
Religion Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Islamic Court’s Approach to Land Dispute in Inheritance Cases Lego Karjoko; Abdul Kadir Jaelani; Hilaire Tegnan; Henning Glaser; Muhammad Jihadul Hayat
AHKAM : Jurnal Ilmu Syariah Vol 21, No 2 (2021)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v21i2.21864

Abstract

This study examines the legal considerations in settling inheritance disputes involving land distribution in Selong Religious (Islamic) Court of West Nusa Tenggara. The data in this study were obtained from interviews and court decision analysis. This study shows that the practice of granting property before the death of the muwārith (testator) can cause inheritance-based land disputes in the future. Disputes usually arose when the land was distributed only to particular heirs, neglecting the others, especially the daughters and their descendants. In deciding the land disputes in inheritance cases, judges evermore considered the legal validity of the land distribution. Besides that, the judges use Islamic legal sources such as the Quran, Hadith, opinions of scholars, and fiqh in their legal considerations. However, the use of these multiple references does not necessarily lead to a diverse outcomes.  Abstrak: Penelitian ini mengkaji bagaimana pertimbangan hukum hakim dalam memutus perkara sengketa hibah tanah di Pengadilan Agama Selong, Nusa Tenggara Barat. Data pada penelitian ini diperoleh dari wawancara dan analisis putusan. Penelitian ini menunjukkan bahwa kebiasaan masyarakat menghibahkan harta sebelum kematian pewaris cenderung menjadi pemicu sengketa tanah berbasis waris di kemudian hari. Sengketa biasanya muncul dari pembagian tanah yang hanya kepada sebagian ahli waris dan merugikan sebagian ahli waris yang lain, terutama bagi anak perempuan dan keturunannya. Dalam memutus sengketa hibah tanah dalam kewarisan, hakim selalu mempertimbangkan keabsahan hukum hibah tanah dalam kasus yang diajukan. Selain itu, hakim juga menggunakan ayat-ayat al-Qur’an, hadis, pendapat ulama, dan kaidah fikih sebagai pertimbangan hukumnya.
The Principle of Social Justice As a Solution in Illegal Mining Activities in The Old Wells Oil Management Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani; Abdul Kadir Jaelani; Willy Naresta Hanum
Justitia Jurnal Hukum Vol 5, No 2 (2021): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v6i02.9390

Abstract

The old wells oil management is petroleum management which accentuates the empowerment of local communities in the producing region. The goal of this oil management is to provide maximum prosperity for the people as mandated by Article 33 of the 1945 Constitution. This paper aims to formulate the model of old wells oil management based on the social justice principle. This paper has a normative legal study method that uses a term of old wells management in Wonocolo oil fields, Bojonegoro regency. The result is because old wells oil management in Wonocolo oil field does not fully reflect the social justice principle, then it causes illegal mining activities. Therefore, it is necessary to formulate a model of old wells management based on the principle of social justice with two indicators i.e. 1) The equal distribution of benefits and 2) Participation.Keywords: Oil, Old Wells, Illegal Mining, Benefit Distribution, Participation, Social Justice
The Crime Of Damage After the Constitutional Court's Decision Number 76/PUU-XV/2017 Abdul Kadir Jaelani; Resti Dian Luthviati
Journal of Human Rights, Culture and Legal System Vol 1, No 1 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (265.816 KB) | DOI: 10.53955/jhcls.v1i1.5

Abstract

From 2009 until now, there have been 30 cases tried by the Court with the use of Article 27 paragraph (3) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. These various cases have raised opinions from some people who consider defamation offenses contrary to the spirit of reform that upholds freedom of thought and expression. Crime of reputation after the Constitutional Court Decision Number 50/PUU-VI/2008, Constitutional Court Decision Number 2/PUU-VII/2009, Constitutional Court Decision Number 5/PUU-VIII/2010, Constitutional Court Decision Number 31/PUU-XIII/ 2015, and the Decision of the Constitutional Court Number 76/PUU-XV/2017 concerning the Review of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 regarding Information and Electronic Transactions against the 1945 Constitution of the Republic of Indonesia are regulated in detail with one of the points, namely making changes in Article 27 paragraph (3) of the ITE Law and reducing criminal threats in 2 (two) provisions. Keywords: Reputation Offenses; Legal Certainty; Constitutional Court.
The Changing of Environmental Approval Administrative Law Perspective Fitri Nur Aini Prasetyo; Abdul Kadir Jaelani
Journal of Human Rights, Culture and Legal System Vol 2, No 3 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (591.891 KB) | DOI: 10.53955/jhcls.v2i3.55

Abstract

The renaming of environmental permits to environmental agreements is one of the issues highlighted by the Job Creation Law. Environmental approvals were deemed to not meet the licensing requirements of the State Administrative Law, so they could potentially not be challenged in court like environmental permits. This change prompted opposition from various groups. The purpose of this study is to identify the characteristics of environmental approval from the standpoint of State Administrative Law. This is normative law (doctrinal) research with a statutory and a conceptual approach (conceptual approach). Environmental approvals in the Job Creation Law can be classified as permits under State Administrative Law, and environmental approvals are granted to business actors, according to the findings of this study.
The Proliferation of Regional Regulation Cancellation in Indonesia Abdul Kadir Jaelani; Muhammad Jihadul Hayat
Journal of Human Rights, Culture and Legal System Vol 2, No 2 (2022): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (575.547 KB) | DOI: 10.53955/jhcls.v2i2.38

Abstract

The purpose of constitutional amendments is to grant the Supreme Court the authority to review laws and regulations in accordance with the law. However, the arrangement did not function optimally due to the government's persistent assumption of the authority to cancel Regional Regulations. In an era of regional autonomy, the purpose of this study is to examine the implementation of the ranking of laws and regulations regarding the repeal of regional legal products. This is a normative legal study utilizing secondary data. The results demonstrated that the concept of implementing the ranking of laws and regulations on the repeal of regional legal products during the era of regional autonomy was not carried out in accordance with the constitution and should have been limited while it was still in the form of draft regional regulations.
Legal Protection of Indigenous Community in Protected Forest Areas Based Forest City Mohammad Jamin; Abdul Kadir Jaelani; Duc Quang Ly; Kerry Gershaneck
BESTUUR Vol 10, No 2 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i2.66090

Abstract

Indonesia has established regulations regarding the location of the National Capital. However, the important question is whether the Law is effective and whether the transfer of the National Capital has provided legal protection for indigenous peoples in the area designated as the National Capital. This study aims to analyze the protection of customary law communities in urban forest-based protected forest areas. This research is normative legal research, which uses secondary data with primary, secondary, and tertiary legal materials. The study results show that the state must finalize the Law on the State Capital, which also regulates the legal protection of Indigenous Peoples as a lex specialis provision. The Law on the State Capital must formulate norms that automatically guarantee the determination of the legal status of indigenous and tribal peoples.
Reduction of Digitalization Policy in Indonesian MSMEs and Implications for Sharia Economic Development Reza Octavia Kusumaningtyas; Rahayu Subekti; Abdul Kadir Jaelani; Asron Orsantinutsakul; Utkarsh K Mishra
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6855

Abstract

Micro, Small, and Medium Enterprises are one of Indonesia's economic buffer pillars. However, its position as a financial buffer still faces various problems. The purpose of this research is to examine the reduction of digitalization policies for Indonesian MSMEs and their implications for the development of the Islamic economy. This research is normative legal research with a statutory approach. The results showed that the provisions in the Copyright Law that require the digitization of MSMEs make its management more efficient and straightforward. During the COVID-19 pandemic, there has been a twofold increase in the number of businesses transitioning to the digital ecosystem. MSMEs are present in the development of the Islamic economy, with the possibility of managing MSMEs in the technology-based halal industry. Deregulation is carried out by simplifying regulations in order to improve the flow of bureaucracy.  However, behind the ease, there are obstacles experienced by MSMEs in their digitalization efforts, including blocks in terms of community culture, regulation, and structure
The Policy of Sustainable Waste Management Towards Sustainable Development Goals Budiman Budiman; Abdul Kadir Jaelani
Journal of Human Rights, Culture and Legal System Vol 3, No 1 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i1.73

Abstract

The research is focused on the sustainable waste management, with the specific concern on the use of waste management platform called waste bank being driven by local organizations in Lombok, Indonesia. The study aims to investigate the factors that attract the participation of local communities in using the platform for waste management and further to explore the lessons and good practices of waste banks driven by local community-driven organizations in Lombok, Indonesia. The method used for this research was qualitative with the analytic-descriptive approach. Data collection was through literature study and survey questionnaire. Based on the findings of the research, several factors including socio-economic characteristic and the lack of waste facilities and services influence the participation of local communities in sustainable waste management in Lombok. Those factors are critically shown based on its significance in influencing the involvement of local communities in implementing sustainable waste management. Thus, one of alternatives to use the waste bank initiated by local community-driven organizations may help in some ways such as improved participation of local communities in sustainable waste management. Furthermore, the lessons and good practices of waste banks driven by the selected two organizations in Lombok are highlighted.
The Impact of Indonesia's Mining Industry Regulation on the Protection of Indigenous Peoples Mohammad Jamin; Abdul Kadir Jaelani; Mulyanto Mulyanto; Reza Octavia Kusumaningtyas; Duc Quang Ly
Hasanuddin Law Review VOLUME 9 ISSUE 1, APRIL 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i1.4033

Abstract

The government has established various policies regarding mining in Indonesia. Still, an important question that needs to be asked is whether these policies have provided benefits, justice, and balance for indigenous and tribal peoples. This study aims to analyze the impact of Indonesian mining regulations on the protection of indigenous peoples. This is a normative legal research effort. The literature review gathers information from document analysis, which is analyzed qualitatively. Data analysis is descriptive-analytic in nature. The study results show that the impact of mining regulations still needs to reflect the recognition and protection of the rights of indigenous peoples. There is a need to improve mining management legislation and systems. Standardization of reclamation and post-mining management is required to provide implementation guidelines that meet the needs of the community. It has no negative impact on the community surrounding the mine. Licensing is one policy that can be used to implement standardization, which means keeping an eye on how the land is managed after mining, how waste is handled, and how policies are made to encourage mining and conservation activities that are good for the environment.
The Impact of Islamic Economics Principles on the Tax Compliance Payment Entertainment Policy Bambang Tri Bawono; Abdul Kadir Jaelani; Rian Saputra; Bobur Baxtishodovich Sobirov; Gaini Mukhanova
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.12182

Abstract

Surakarta City Government has established various entertainment tax rate policies; however, entertainment taxpayers must still comply with these policies. This research examines and analyzes the impact of Islamic economics principles on the tax compliance payment entertainment policy. This research is normative research equipped with interviews. This research uses descriptive secondary data. The research results show that, first, the level of tax compliance in paying massage parlor and SPA entertainment taxes in Surakarta City differs from Islamic economics principles. At the same time, the causal factor is the minimal participation of taxpayers in formulating entertainment tax rate policies. Second, the Surkarta City government has a role in increasing tax compliance in massage parlors. SPA Entertainment is maximizing the imposition of sanctions, supervision, outreach, and providing applications that make tax services easier.
Co-Authors Andi Tri Haryono Asron Orsantinutsakul Bambang Tri Bawono Bobur Baxtishodovich Sobirov Budiman Budiman Duc Quang Ly Duc Quang Ly Fitri Nur Aini Prasetyo Gaini Mukhanova Hayat, Muhammad Jihadul Henning Glaser Hilaire Tegnan I Gusti Ayu Ketut Rachmi Handayani Indrastuti, Lusia Kerry Gershaneck Lego Karjoko Mohammad Jamin Muhamad Hasan Muaziz Mulyanto Mulyanto Rahayu Subekti Resti Dian Luthviati Reza Octavia Kusumaningtyas Rian Saputra Utkarsh K Mishra Willy Naresta Hanum