Articles
<![CDATA[Peran Negara Dalam Pengembangan Sistem Ekonomi Kerakyatan menurut UUD 1945 ]]>
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 3: JULI 2016 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20885/iustum.vol23.iss3.art8
<![CDATA[The concept of people economy cannot be separated with the concept of people's welfare. Both concepts, explicitly and implicitly, are contained in Article 33 of the 1945 Constitution. Referring to Article 33 of the 1945 Constitution, it is clear that the national economic system Indonesia is intended for social welfare. The problem in this research is how legal policy able to clarify the people's economic as intended in the principles of Article 33 UUD 1945? By using qualitative research method with normative-juridical approach, the study was emphasized by analyzing a variety of resources related to the issues discussed in this paper. The research concludes that the policy of people economic development becomes essential and a priority in order to realize the people prosperity. This can be achieved if the policy of people economic development is supported by the law in the form of legislation which is able to develop micro, small and medium-scale enterprises to take a part in the national business world.]]>
<![CDATA[Comparative Analysis of Business Judgment Rules in Civil Law and Common Law Systems ]]>
<![CDATA[Sugiarto Sugiarto]]>;
<![CDATA[Sapta Eka Yanto]]>;
<![CDATA[Sudiyanto Sudiyanto]]>;
<![CDATA[Panji Riyadi]]>;
<![CDATA[Purnomo Purnomo]]>;
<![CDATA[Royan Siagian]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Desember : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i4.1753
<![CDATA[This study examines the comparative regulation of the Business Judgment Rule (BJR) between countries adopting Civil and Common Law systems. BJR is a principle that grants corporate decision-makers the discretion to make business decisions without fear of legal liability, provided that the decisions are made in good faith, are reasonable, and free from conflicts of interest. This research aims to identify the similarities and differences in the regulation of BJR between civil law and common law countries and analyze the factors contributing to these differences. This research employs a normative juridical method with a legislative and comparative law approach. These approaches are utilized to analyze relevant national and international legislation and compare the application of BJR in Indonesia with that of other countries, such as the United States and European nations. The findings are expected to provide insights into the philosophical and practical differences in the regulation and implementation of BJR across these two legal systems.]]>
<![CDATA[Comparison of Inheritance Law in Islamic Law and Civil Law ]]>
<![CDATA[Anggi Wicaksono]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 4 (2024): Desember : Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[STAI YPIQ BAUBAU, SULAWESI TENGGARA ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59059/mandub.v2i4.1754
<![CDATA[This study aims to analyze the comparative law on inheritance in the Islamic legal system, civil law, and its impact on Indonesian implementations. The research method used is normative juridical with a statute approach and a conceptual approach, which focuses on analyzing applicable legal documents and norms. This study discusses the characteristics of each legal system, including differences in the distribution of inheritance, the obligations of heirs to the debts of the testator, and the inheritance mechanism regulated in the Civil Code (KUHPerdata) and Islamic inheritance law. Furthermore, this study explores the impact of implementing the two legal systems in Indonesia, considering the diversity of Indonesian society that influences the implementation of inheritance law. The results are expected to provide deeper insight into how the two legal systems interact and influence inheritance practices in Indonesia.]]>
<![CDATA[Comparison of the Limited Liability Company Law in Indonesia and Brunei Darussalam ]]>
<![CDATA[Anwar Sunarjo]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59246/aladalah.v3i1.1102
<![CDATA[This study aims to compare the regulations regarding the establishment and supervision of Limited Liability Companies (LLCs) in Indonesia and Brunei Darussalam. Using a normative legal research method, this study analyzes the differences and similarities in the establishment procedures of LLCs in both countries, including legal requirements, necessary documents, and company registration mechanisms. The study also discusses the comparison in corporate supervision, including accountability, transparency, and protection for both majority and minority shareholders. The approaches used are the statute approach and the conceptual approach, focusing on the legislation governing Limited Liability Companies in both countries. The results of the study indicate that although Indonesia and Brunei Darussalam have different procedures for establishing and supervising LLCs, both countries apply the principles of accountability and transparency as the basis for shareholder protection and corporate supervision.]]>
<![CDATA[Comparison of Dispute Resolution Through Mediation in Indonesia and Japan ]]>
<![CDATA[Sapta Eka Yanto]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59246/aladalah.v3i1.1103
<![CDATA[This study aims to compare the mediation systems in Indonesia and Japan, focusing on procedural differences and similarities, as well as the factors influencing their implementation in both countries. Mediation as an alternative dispute resolution offers a more peaceful and efficient solution, reducing the burden on courts. In Indonesia, mediation is regulated by the Supreme Court Regulation (PERMA) No. 1 of 2016, which mandates that mediation be conducted at the early stages of the trial with non-judge mediators. In contrast, Japan's wakai system allows mediation to occur at various stages of the judicial process with judges serving as mediators. Additional differences include the procedures for conducting mediation, the authority of mediators, and the mechanisms for ratifying mediation results that hold the force of law in both countries. Despite the fundamental differences in their systems, both countries share the same goal of achieving a fair resolution beneficial to both parties. Cultural factors, legal systems, and court structures are essential elements influencing these differences and similarities. This research provides important insights for the development of mediation practices in Indonesia by considering the implementation of a more flexible system similar to Japan’s.]]>
<![CDATA[Employment Law Based on Civil Law and Common Law Legal Systems ]]>
<![CDATA[Ade Papa Rihi]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 1 (2025): Jurnal Politik, Sosial, Hukum dan Humaniora ]]>
Publisher : <![CDATA[Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59246/aladalah.v3i1.1104
<![CDATA[This study discusses the regulation of employment law based on the Civil Law and Common Law legal systems, as well as the fundamental differences between the two legal systems in employment law. In the Civil Law legal system, employment law is generally regulated by laws enacted by the government, with the role of the courts limited to the application of written and codified laws. In contrast, in the Common Law legal system, the regulation of employment law relies more on court decisions and precedents resulting from previous cases, with judges having an important role in forming new legal principles. This study uses a normative legal research method with a statute approach and a conceptual approach to analyze employment law regulations in both legal systems. The results show that the Civil Law system provides more structured and detailed provisions, while the Common Law system tends to be more flexible and relies on litigation and specific court decisions. This study is expected to provide a deeper understanding of the differences in employment law regulations based on the two legal systems.]]>
<![CDATA[Effectiveness of Administrative Sanctions in Overcoming Fraud by Health Facilities on JKN Participants ]]>
<![CDATA[Purnomo Purnomo]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan Vol. 2 No. 1 (2025): Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.62383/desentralisasi.v2i1.426
<![CDATA[This study discusses the effectiveness of implementing administrative sanctions to overcome fraud practices by health facilities against National Health Insurance (JKN) participants in Indonesia. Fraud practices involving claim manipulation, bill inflation, and falsification of diagnoses result in losses for JKN participants and reduce the quality of health services. This study identifies challenges in supervision, regulatory weaknesses, and obstacles in law enforcement that affect the effectiveness of the administrative sanctions imposed. Based on the analysis, this study recommends regulatory reforms that include the implementation of stricter sanctions, strengthening supervision with information technology, and increasing outreach programs to raise awareness of the impacts of fraud. It is expected that with this reform, the JKN system can run more effectively and reduce fraud practices that are detrimental to all parties.]]>
<![CDATA[Discontinuity in Regulations Regarding Health Workers in Health Law Legislation with the Principle of Legal Certainty ]]>
<![CDATA[Gultom Rosmaida Feriana]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.62383/majelis.v1i4.279
<![CDATA[The discontinuity of regulations concerning health workers in health law legislation poses a challenge for the application of the principle of legal certainty in Indonesia. The principle of legal certainty is an essential foundation in the legal system that guarantees the rights and obligations of health workers and the community. However, there is a gap between the regulations for health workers and the principle of legal certainty, which impacts the clarity of the legal status, rights, and obligations of health workers. This research aims to examine the discontinuity between health workers' laws and the application of the principle of legal certainty, as well as the impact arising from this inconsistency. Additionally, this research identifies efforts that can be made to align labor regulation and health worker regulations with the principle of legal certainty. Using normative legal research methods through legislative and conceptual approaches, this study finds that regulatory harmonization is necessary to strengthen legal certainty in health worker regulation in Indonesia.]]>
<![CDATA[Comparison of Unlawful Acts in Criminal Law and Civil Law in Indonesia ]]>
<![CDATA[Verdy Hengky Kalele]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.62383/majelis.v1i4.280
<![CDATA[This study aims to analyze the comparison between unlawful acts (PMH) in criminal law and civil law in Indonesia, focusing on the differences in definitions and the elements that constitute unlawful acts in both legal systems, as well as the implications of the application of PMH in each field of law. The research method used is normative juridical, with legislative and conceptual approaches to examine the provisions in the Criminal Code (KUHP) and the Civil Code (KUHPer). This study identifies fundamental differences in objectives, sanctions, and legal subjects involved, as well as their impact on individual and societal interests. The research findings show that although there are similarities in the basic principles regulating PMH, significant differences lie in the nature of the sanctions imposed, where criminal law emphasizes prevention and punishment, while civil law focuses on compensation and recovery of losses. This research provides insights into how these two legal systems complement each other in maintaining justice and order in Indonesia.]]>
<![CDATA[Comparison of Bankruptcy Application Procedures Between Regional-Owned Enterprises (BUMD) and State-Owned Enterprises (BUMN) ]]>
<![CDATA[M. Adi Putra]]>;
<![CDATA[Zainal Arifin Hosein]]>
<![CDATA[ Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 1 (2025): Januari : Mahkamah : Jurnal Riset Ilmu Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.62383/mahkamah.v2i1.282
<![CDATA[This study aims to compare the bankruptcy application procedures between State-Owned Enterprises (BUMN) and Regional-Owned Enterprises (BUMD). Bankruptcy is a condition that significantly impacts economic stability, both nationally and regionally. In this case, both types of enterprises are regulated by different regulations but with similar underlying principles. Therefore, this research examines the differences and similarities in bankruptcy procedures for BUMN and BUMD, as well as the authority each possesses in the bankruptcy application process. Additionally, this study highlights the importance of harmonizing regulations governing bankruptcy procedures to ensure the coherence of the prevailing legal system. The research method used is normative legal research with a legislative approach and a conceptual approach. This research reveals that although there are similarities in objectives, significant procedural differences require adjustments to create uniformity and legal certainty in resolving bankruptcy issues for both types of enterprises.]]>
