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All Journal Brawijaya Law Journal : Journal of Legal Studies JURISDICTIE Jurnal Hukum dan Syariah Jurnal Suara Hukum JHCLS SASI
Bakhouya Driss, Bakhouya
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

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ANTI-MONEY LAUNDERING CRIMES IN ISLAMIC LAW COMPARED TO THE ALGERIAN AND INDONESIAN LAW Driss, Bakhouya
Jurisdictie: Jurnal Hukum dan Syariah Jurisdictie: Vol 7, No 2 (2016)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v7i2.3716

Abstract

     Islamic law agreed with most modern laws on the seriousness of money laundering crimes, including Algerian law and Indonesia, despite the differences in regard to the methods which these crimes because of the different banking systems from one country to another on the one hand, because of the possibilities available to money launderers on the other.      This led to the need to pay special attention by the Algerian law and Indonesia in order to effectively provide for these modern criminal phenomena, it has resorted to the imposition of strict controls to combat the phenomenon is mostly derived from the provisions of Islamic Sharia.      Although the procedures and mechanisms that came in the Islamic Sharia and stipulated in the fight against money laundering in Algeria, Indonesia law, but many obstacles stand in the way without effective control of this crime along the lines of the principle of banking secrecy, which is an obstacle, often without disclosure of relevant financial transactions money laundering offenses.
ROHINGYA MINORITY IN MYANMAR BETWEEN THE RELIGIOUS PERSECUTION AND THE REALITY OF CONSTITUTIONAL PROTECTION. Driss, Bakhouya
Brawijaya Law Journal Vol 3, No 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (56.515 KB) | DOI: 10.21776/ub.blj.2016.003.02.07

Abstract

     The government's performance in the State of Myanmar raises questions about the reality of its position on what is happening to the range of its citizens who are Muslims Alrohengjian, it bear full responsibility for the protection and preservation of their rights. Despite the government's signing of Myanmar on the international agreements and conventions on human rights, despite its stated commitment to the protection of human rights and the promotion of democracy and the rule of law; the government has not taken any real action to protect the Rohingyas and address violence or stop racist policy of ethnic cleansing, which govern the Muslims of Rohingya by Buddhist extremists.     We will discuss in this paper what is really happening to the Muslims Alrohengjian in Myanmar, especially in the recent wave of persecution and ethnic cleansing against them, and we are exposed to historical backgrounds of these crimes and the role of internal constitutional provisions and the provisions of international conventions on the protection of this vulnerable minority 
The Policy on Tourism MSMEs in Indonesia and Algeria: Sustainability and Challenges Hasanah, Uswatun; Driss, Bakhouya
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (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.v3i3.131

Abstract

Tourism legislation should encourage tourism MSMEs; otherwise, these enterprises are likely to remain local or go unnoticed globally. This study aims to investigate the emerging urgency arising from the interrelationship between MSMEs' legal policies and tourism legislation. This research belongs to normative research conducted by employing statutory and comparative approaches. The study reveals that adopting social capital as the foundation of tourism legislation enhances the role of tourism MSMEs in economic development. Furthermore, the legal policies enacted for running tourism businesses based on social capital seem to provide legal certainty for protecting and empowering tourism MSMEs and boosting their global competitiveness.
The Meaning of Halal in The Food Industry in The Metaverse Era (A Comparison) Susanti, Dyah Ochtorina; Sari, Nuzulia Kumala; Adonara, Firman Floranta; Tektona, Rahmadi Indra; Driss, Bakhouya
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.1906

Abstract

Introduction: The background of this research is that there are still many food products that have not been halal certified, even though the government through the Halal Product Guarantee Agency (BPJPH) has provided convenience in registering halal products online with free assistance. Especially in this metaverse era, where technology has developed rapidly so that the use of digital technology should be able to encourage development through the halal industry.Purposes of the Research: The purpose of this study, firstly, is to know and understand the meaning of halal in both Islamic law and the Civil Code. Second, understanding the halal industry in the metaverse era in terms of the theory of utilitarianism and Maqashid Sharia.Methods of the Research: This study uses a normative juridical method with a legal-statutory approach and a conceptual approach.Results of the Research: The results of this study are: First, that halal in Islamic Law and the Civil Code have different contexts, but have a similar meaning, namely referring to something that is permitted and not prohibited by law. Second, the halal industry based on utilitarianism has utility value both for business actors who register their food products, as well as for the general public as consumers. Furthermore, based on Maqashid Sharia, halal food is included in the category of protecting the soul (nafs) and protecting the mind (aql).
Health Criminal Law as an Instrument to Protect Human Rights: A Comparative Study of Indonesia and Algeria Wirya Darma, I Made; Mahadnyani, Tjokorda Mirah Ary; Agus Kurniawan, I Gede; Driss, Bakhouya
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p68-97

Abstract

Health criminal law in the Indonesian context is actually regulated in Article 427 to Article 448 in Law 17 of 2023 concerning Health (Health Law). This is a major change in the health sector and covers various aspects that regulate public health, health services, and criminal law related to violations in the health sector. This study aims to analyze two important aspects, namely: (i) the regulation of health criminal law between Indonesia and Algeria and its relation to the protection of human rights, and (ii) the future regulation of health criminal law in Indonesia in realizing the protection of health rights for the community. This research is a normative legal research with conceptual, comparative and legislative approaches. The result of the research confirms that health criminal law can be said to be the main instrument to maintain and ensure health rights for the community. The findings of this research confirm that the main difference between Indonesia and Algeria lies in the way health criminal law is organized and applied. Indonesia has more detailed and specific regulations that address malpractice, medical negligence and the health sector more holistically. Whereas Algeria tends to regulate this in a more general framework, following the existing criminal code. The recommendation from this study is that there is a need for legal harmonization between health criminal sanctions in Articles 427 to 448 in Law 17 of 2023 on Health (Health Law) and the New Criminal Code including more detailed special regulations on malpractice, including investigation procedures, evidence, and criminal sanctions against medical personnel who are proven to be negligent or deliberately commit medical errors. This will provide legal certainty for patients and medical personnel.
ROHINGYA MINORITY IN MYANMAR BETWEEN THE RELIGIOUS PERSECUTION AND THE REALITY OF CONSTITUTIONAL PROTECTION. Driss, Bakhouya
Brawijaya Law Journal Vol. 3 No. 2 (2016): Contemporary Indigenous and Constitutional Issues: Transnational Perspective
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2016.003.02.07

Abstract

The government's performance in the State of Myanmar raises questions about the reality of its position on what is happening to the range of its citizens who are Muslims Alrohengjian, it bear full responsibility for the protection and preservation of their rights. Despite the government's signing of Myanmar on the international agreements and conventions on human rights, despite its stated commitment to the protection of human rights and the promotion of democracy and the rule of law; the government has not taken any real action to protect the Rohingyas and address violence or stop racist policy of ethnic cleansing, which govern the Muslims of Rohingya by Buddhist extremists. We will discuss in this paper what is really happening to the Muslims Alrohengjian in Myanmar, especially in the recent wave of persecution and ethnic cleansing against them, and we are exposed to historical backgrounds of these crimes and the role of internal constitutional provisions and the provisions of international conventions on the protection of this vulnerable minority.
Co-Authors Dyah Ochtorina Susanti Firman Floranta Adonara, Firman Floranta I Gede Agus Kurniawan I Made Wirya Darma Mahadnyani, Tjokorda Mirah Ary Nuzulia Kumala Sari Rahmadi Indra Tektona Uswatun Hasanah