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All Journal Jurnal Ilmiah Hukum LEGALITY Audito Comparative Law Journal (ACLJ) Indonesia Law Reform Journal (ILREJ)
Fitria Esfandiari
Faculty of Law, University of Muhammadiyah Malang, Indonesia
Law, Crime, Criminology & Criminal Justice

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Institusi Hukum Perwakafan Indonesia: Kajian Kelembagaan Badan Wakaf Indonesia (Sejarah dan Struktur Kelembagaan) Muhammad Luthfi; Yohana Puspitasari Wardoyo; Kukuh Dwi Kurniawan; Fitria Esfandiari; Yaris Adhial Fajrin
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 2 (2022): May 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i2.22544

Abstract

Waqf is part of Islamic philanthropy, along with the development of time and circumstances, waqf processes and procedures developed according to the context of the times, not least the development of the rule of law governing waqf law, Law 41/2004 as a new waqf rule in Indonesia, with the spirit of increasing the productivity of waqf assets, and forming nazhir professionalism, then forming a new institution in the waqf world in Indonesia called Badan Wakaf Indonesia (BWI),  Hope with the establishment of BWI becomes the main driving force of representation and becomes a medium in increasing waqf assets for the welfare of the people. This paper discusses the history of the institutionalization of BWI institutions and their institutional rules in Law 41/2004. This paper is normative research with a statutory approach and a conceptual approach. The results of the study from this paper state that the history of the institutionalization of BWI is influenced by the factors of the concept of cash waqf and the factor of updating the concept of waqf management which is not only trying to maintain waqf assets but more to make waqf assets more productive. BWI institutional rules based on Law 41/2004 regulate the position, duties, structure, and diversity, the period of service of management, and rules on the performance process of BWI.
Sinkronisasi Pengawasan CSR dalam Hukum Positif Indonesia Nanda Melinia Safitri; Surya Anoraga; Fitria Esfandiari
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (240.275 KB) | DOI: 10.22219/ilrej.v2i3.23450

Abstract

Since CSR has become an obligation for companies through Law Number 40 of 2007 concerning Limited Liability Companies. However, in its implementation there are still many problems. One of them is the regulation of CSR which has been implicitly regulated in various sectoral laws. So the problem that will be studied in this paper is how to synchronize the supervision of Corporate Social Responsibility (CSR) in the Limited Liability Company Law, Investment Law, Government Regulation No. 47 of 2012, as well as Article 23 and Article 24 of Malang Regency Regulation No. 1 of 2013. The research method used in this paper uses a normative juridical research type, using a statutory approach, a conceptual approach, and a comparative approach. The PT Law and the PM Law have different definitions regarding CSR, although both laws require the implementation of CSR, both have not provided clear regulations regarding the mechanism for monitoring CSR implementation. Then based on the mandate in Article 74 paragraph (4) of the Company Law, PP No. 47 of 2012, the establishment is intended to clarify the implementation of CSR but in fact the articles contained in the PP also do not accommodate the supervision of CSR implementation. Although it is not regulated in the Law and PP, the Malang Regency Regulation clearly regulates the supervision of CSR implementation. In this study, it is concluded that the various regulations are synchronized, namely in terms of implementation accountability, sanctions, and regulations for monitoring the implementation of CSR. Therefore, the government needs to form a separate law that accommodates CSR comprehensively along with the mandate of establishing a CSR supervisory body whose job is to oversee the implementation of CSR, giving executive authority to impose sanctions on those who do not carry out CSR.
The Legal Framework and Enforcement Issues of Religious Holiday Allowances Himawan Estu Bagijo; Alfan Bramantya; Sonya Claudia Siwu; Fitria Esfandiari
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42520

Abstract

This study examines the legal dilemma between workers’ rights to religious holiday allowances and enforcement challenges using a socio-legal approach integrating normative analysis and empirical data. Religious holiday allowances are mandated under Indonesia Government Regulation No. 36 of 2021 to guarantee workers’ wellbeing during religious festivities. However, enforcement remains problematic in East Java, leaving some gaps between legal provisions and implementation. Based on the data issued by East Java manpower and transmigration office, complaints rose from 23 cases (1,734 workers) in 2022 to 51 cases (5,666 workers) in 2023, then dipped to 27 cases (382 workers) in 2024. This figure climbed again to 36 cases (2,685 workers) in 2025. The 2023 spike and 2025 rebound highlight persistent systemic compliance issues within SMEs and the informal sector. Limited inspection resources, informal settlements, and low employer legal awareness continue to hinder enforcement. This study argues for strengthening institutional enforcement, monitoring systems, and legal literacy to improve religious holiday allowance compliance. This article contributes to labour rights enforcement discussions in Indonesia, illustrating tensions between legal ideals and practical realities within the labour system in Indonesia.
Co-Authors Alfan Bramantya Himawan Estu Bagijo Kurniawan, Kukuh Dwi Muhammad Luthfi Nanda Melinia Safitri Sonya Claudia Siwu Surya Anoraga Yaris Adhial Fajrin Yohana Puspitasari Wardoyo