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All Journal JURNAL HUKUM Pandecta JURNAL LITIGASI (e-Journal) IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Al-Mawarid Jurnal Hukum Islam Jurnal Media Hukum Jurnal Hukum IUS QUIA IUSTUM UIR LAW REVIEW Borneo Law Review Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Social Science, Education, Communication and Economics Yuridika Unisia
Jawahir Thontowi
Fakultas Hukum, Universitas Islam Indonesia, Yogyakarta, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Kebijakan Presiden Trump dan Respon Masyarakatnya terhadap Larangan Muslim Arab Tinggal di Amerika Serikat Prof. Jawahir Thontowi, S.H., Ph.D
Jurnal Hukum IUS QUIA IUSTUM Vol. 24 No. 3: JULI 2017
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol24.iss3.art2

Abstract

Penelitian ini dilakukan dengan maksud dan tujuan untuk menjawab dua rumusan permasalahan, pertama, bagaimana kebijakan Presiden Trump terkait pelarangan imigran Muslim untuk tinggal di Amerika Serikat dari perspektif hukum dan HAM Internasional, dankedua, bagaimana respon dan upaya masyarakat AS terhadap nasib imigran Muslim di AS. Metode penelitian yang digunakan adalah penelitian hukum normatif dengan studi pustaka. Adapun penelitian menyimpulkan sebagai berikut: pertama, kebijakan Presiden Trump terkait pembatasan imigran Muslim sebagian telah melanggar peraturan hukum dan HAM internasional, utamanya Konvensi UNHCR 1951, Kovenan ICCPR, dan Kovenan ICESCR 1966; kedua, respon masyarakat AS tidak saja ditujukan oleh sikap menentang kebijakan Presiden Trump, melainkan juga para pengacara telah memperjuangkan hak-hak dasar dan kebebasan para imigran Muslim baik dengan menyediakan konsultasi dan pembelaan di pengadilan secara cuma-cuma, maupun dengan melakukan lobi dan negosiasi terhadap lembaga legislatif di tingkat negara bagian dan pemerintahan federal. 
HUKUM DAN DIPLOMASI LOKAL SEBAGAI WUJUD PEMECAHAN MASALAH DI WILAYAH PERBATASAN KALIMANTAN DAN MALAYSIA Jawahir Thontowi
Yuridika Vol. 30 No. 3 (2015): Volume 30 No 3 September 2015
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (310.504 KB) | DOI: 10.20473/ydk.v30i3.1951

Abstract

Border area disputes generally arise because of differences in views of the boundary line between a country over the borders located on the map enclosed in an international agreement. Claims of a country over territories that protrude the sovereignty of other countries, are often the cause of the dispute because of a new fact-based new agreement. Principles of application of posidetis juris may arise because of differences in delimitation understanding, the determination of demarcation, other geographic and political factors (border management), which are also factors causing disputes. This study is regarding the international and national laws to govern and manage borders territory by using method of inquiry primary legal sources and empirical data from Kalimantan. This research concludes the following results. The first result is that there are rules of international and national laws governing borders territory, but it is not sufficient to settle the complex of problem in border areas. The second results is that the local government has been involved in various types of local diplomacy by using mediation performed by local adat, both in privates and public cases. In order to improve ability to cope such problems, it is important to provide capacity buildings which are enable local government and local adat apparatuses to make a better problem legal solving.
Halal tourism regulations in Indonesia: trends and dynamics in the digital era Lukman Santoso; Agus Triyanta; Jawahir Thontowi
Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan Vol 22, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijtihad.v22i1.73-94

Abstract

The halal tourism industry is an emerging sector that has recently become a global trend in economic development in many countries. However, in various regions in Indonesia, halal tourism triggers anomalies and raises pros and cons. This article aims to explore the construction of halal tourism development in five regions in Indonesia. It seeks to formulate a sustainable halal tourism regulatory model that is based on plurality and local wisdoms of the local community. This study uses a legal research method, with a critical-constructive approach. The findings from this study conclude that the development of halal tourism regulations in various regions shows a positive and dynamic direction in line with the configuration of regional tourism policies, which needs to be continuously encouraged and accelerated. As such, amid these positive trends and dynamics, regional halal tourism development needs to adopt a sustainable halal tourism regulatory model that is based on community plurality and is responsive to local wisdoms. This article supports the realization of a sustainable halal tourism policy following the Covid-19 pandemic in the midst of a plurality of regional communities.
Prospek Pemberantasan Korupsi: Perimbangan Kewenangan KPK dengan Institusi Penegak Hukum Jawahir Thontowi
Unisia Vol. 31 No. 67 (2008)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.v31i67.168

Abstract

This study repeals that thet law enforcement on corruption crime carried by the Corruption Committee (KPK) cannot effectively control to minimize it from happening. It is important to take into account to propose that KPK still maintain to be established, but it role needs to be reduced in order to make a balance authority in handling corruption case between KPK and other legal institutions. In order to avoid conflict interest between involved parties police, public prosecutor and judges at district government level have their own jurisdiction to proceed corruption crime which are carried out by  public civil gervants. Hence, the establishment of Police Task Force inrespect to investigate corruption case is a vital role to take into consideration.
Urgensi Undang-Undang Pelayanan Publik dan Pencegahan Fungsi Diskresi untuk Penyalahgunaan Kekuasaan Jawahir Thontowi
Unisia No. 49: Tahun XXVI Triwulan III 2003
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol26.iss49.art9

Abstract

Public Service Law  is not merely important, but also useful to sthrengten a good governance and clean government in Indonesia. To make the Public Service Law is an effective legal instrument, it is required to consider several steps. The first is dealt with the important effort to make theoretical review, establish a comprehensive research, identify main problems and  spesify a scope of public servant competency. The second is concerned with efforts of finding relevant arguments on public service that the Indonesian Constitusion 1945, the MPR Decree 1998, the Local Authonomy Law Number 22/1999 have indeed contributed in significant to support the Draft of Public Service Law come into existence. Finally, the Draft of PSL disfunctions to stop the abusive of power or detoumement de pouveir (corruption, collusion, and nepotism)  takes place if the Indonesian government fails to control the application of the government discretion over the rule of law.
Komunitas Lokal Perspektif HAM dan Hukum Nasional Jawahir Thontowi
Unisia No. 57: Tahun XXVIII Triwulan III 2005
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol28.iss57.art3

Abstract

There is no a specific term relating to the nation of a local community in Intemational Law. In term of practical meaning, however, the word of indigineous people in international convention obviously indicates to the existing of Indonesian societies, such as Badui, Dayak, Asmat, and Kubu. Inspite of the fact, that the local communities are not identical with legal concept of indigineous people in intemational convention, the 1945 constitution and the anuthonomy of iocal govemment Act No. 32/2005, recognize the term of traditional socities or local customary rules. These are relevant element of indigineous people, but they cannot directly be addressed to name local community. This is not because all local communities in Indonesia are applied modem type of governments, but also because traditional values partly operate in certain local commuriities. In order awamess of law and human rights, it is relevant to take into account local communities and its interest to accommodate into local law enacted by the local perliement.
Paradigma Profetik dalam Pengajaran dan Penelitian Ilmu Hukum Jawahir Thontowi
Unisia No. 76: Tahun XXXIV Triwulan I 2012
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol34.iss76.art7

Abstract

This research is based on the following academic questions. The first is dealt with the problem of what is the function of concept paradigm in realitation to develop social sciences and legal jurisprudence. The second is concerned with the problem of how relevant does it Pancasila National Philosophy into a propetic paradigm for the purpose of teaching and research development. The third is why does it prophetic paradigm important to change situation of teaching and research development. This article concludes that a paradigm in respect to social sciences and legal jurisprudence is important to be used in order to facilitate a teaching and research in more inclusive dimension. So, it is impossible to radically change legal thought without taking into account believe system which inspires to understand concepts, methods and its analyses. The second is that Islamic values consists of iman, Islam, and ichsan do not contrave with basic phylosophy of Pancasila, so that an academic objective of legal Jurisprudence is not misely based on posltivisic theory. But, it is also important to take into account such approach as ontology, epistimology, and axiology accommoded into teaching and research development in respect to legal jurisprudence. Lastly that some partners of prophetic paradigm in legal jurisprudence concerns very much in effort to integrate a good person and a good law in teaching process and develop to exercise devine law and human made law in order to obtain a constructive concept of law and Justice are untiled at one.Keywords: Paradigm, prophetic, positivism, legal Jurisprudence, Islam, Justice.  
Prospek Pemberantasan Korupsi: Perimbangan Kewenangan KPK dengan Institusi Penegak Hukum Jawahir Thontowi
Unisia Vol 31, No 67 Maret 2008
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol31.iss67.art3

Abstract

This study reveals that law enforcement against corruption crimes carried out by the Anti-Corruption Committee (Komisi Pemberantasan Korupsi, here in after KPK) has not been fully effective to reduce the crimes. However, the KPK remains important to exist. Never theless, its roles need to be reduced in order to create balance of authorities between the KPK and other institutions that are involved indealing with corruption eradication. Polices and prosecutors should remain having their own jurisdiction in local government levels to eradicate corruption, and the establishment of special task force, such as Police Task Force, to investigate corruption case should be taken into account 
Bilateral Cooperation Between The Government of Indonesia Malaysia On Management Border Territory Jawahir Thontowi
Unisia Vol. 33, No. 74, 2011
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/unisia.vol33.iss74.art1

Abstract

This study reveals that bilateral cooperation between the government of Indonesia-Malaysia began continue since 1960. It was until 1974, two Governments signed MoU and followed to by 25 join diplomacy meetings in persuing border problem. In practice however, it is found it difficult for Indonesian government to progress people development in border area. Not only because the Indonesian and Malaysian negotiation diplomacy are less effective to prevent and control border area, but rather because too many factors are faced by central and local governments of Indonesian, to issue aspecial regulation which is internally relevant to solve the problem of border area.Keywords: International Law, Border Area, Cooperation, Total Diplomacy and-Local Diplomacy, tangible and untangible factors.
THE PROPHETIC LAW, PANCASILA, AND INDONESIA’S SIGNIFICANT ROLE TOWARD INTERNATIONAL LAW IN ASIA-AFRICA, ASEAN, AND GLOBAL CONTEXT Jawahir Thontowi; Erna Wati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 3 No. 1 (2023): January
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v3i1.623

Abstract

There is an interesting relation between Prophetic Law and Pancasila as well as Indonesian government significant role towards international law, both in theoretical and conceptual perspective. In Indonesian politic nowadays, the government have played significant role not only in observing international treaty but played a big role to the establishment of cooperation between non-block nations in Asia and Africa. On one hand, the perspective of theory and concept of Prophetic law is relevant. Prophetic law can be explained particularly through Prophetic leadership that is based on the holy book of various religion such as Judaism, Christianity, and Islam. On the other hand, however there is a significant relation between Prophetic Law and Pancasila when the founding fathers designed to formulate Pancasila as the state ideology of Indonesia. The founding fathers are nationalists and ulama. They are involved to discus and formulate to agree which ideology would be adopted in Indonesia once gaining its independence. Prophetic Law can be defined as rule of law are based on revelation by God through the Prophet. Fundamental principles of Prophetic Law are (1) God made Law; (2) liberty and humanity; (3) actual values. Prophetic Law doesn’t believe rule of law is just human rule of law, but rather to consider prophetic values. So, truth, justice, and values are not separated from the substantive of law. Prophetic Law is national identity.
Co-Authors Agus Triyanta Erna Wati Lukman Santoso Mahrus Ali Nooraini Dyah Rahmawati Wildan Syahamata Ady