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All Journal Constitutional Review Jurnal Hukum dan Peradilan
Hamdan Zoelva
Universitas Islam As-Syafi'iyah
Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Development of Islam and Democracy in Indonesia Hamdan Zoelva
Constitutional Review Vol 8, No 1 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/consrev812

Abstract

Islam and democracy are two inseparable parts of social and political life in Indonesia. Textually, democracy itself does not exist in the Islamic Holy Qur’an or the Hadith (Prophet Muhammad’s words and actions). However, implicitly and substantially, the basics of democracy are in the teachings of Islam, both in the Qur’an and the Hadith. The principles of Islamic teachings, such as equality, deliberation, cooperation (ta’awun), and good habits (taghyir), are compatible with democratic values. In addition, many idioms that form the basis of ethics and morals in society are generally derived from the experience of the Prophet Muhammad, correlating with the basic principles of modern democracy. In the context of Indonesia, it is undeniable that Islam has contributed to the climate of democratization. This further confirms that Islam is not against democracy. Both support each other.
Preventing Human Trafficking In Indonesia: The Role Of Legal Empowerment Programs Moh. Zakky AS; Merita Mece; Hamdan Zoelva; Mohammad Taufik Makarao
Jurnal Hukum dan Peradilan Vol 12, No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.189-214

Abstract

Trafficking in persons or human trafficking, especially women and children, must be eradicated because it violates human dignity and human rights. This article examines and explores the root causes of human trafficking, the criminal sanctions, and the decisions of judges/trials on trafficking in persons in Indonesia to prevent trafficking in persons through legal empowerment. It is based on normative legal research, that is, legal research conducted by examining literature or secondary data. The study reveals that there are at least 10 (ten) root causes of trafficking in persons, which occur in various places in the world, including in Indonesia, namely poverty, lack or low level of education, demand for cheap labor/demand for sex, lack of the implementation of the human rights laws for vulnerable groups, lack of legitimate economic opportunities, Social factors and cultural practices, conflict and natural disaster, trafficking market as a business that generates a large profit, lack of safe migration options, traffickers. There are criminal sanctions against trafficking in persons in Indonesian legislation. This article highlights the importance of the use of legal empowerment in Indonesia to prevent trafficking in persons and address its root causes.
Co-Authors Merita Mece Moh. Zakky AS Mohammad Taufik Makarao