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All Journal Jurnal Ilmiah Hukum LEGALITY Jambura Law Review Indonesia Media Law Review Journal of Private and Commercial Law
Syahputra, Bearlly Deo
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Islamic Law’s role in developing policies prohibiting homosexuality as a crime against morality in Indonesia Widyawati, Anis; Arifin, Ridwan; Setyanto, Heru; Syahputra, Bearlly Deo; Sabri, Zaharuddin Sani Ahmah
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 1 (2024): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i1.30576

Abstract

This research examines the significance of the Islamic law doctrine's role in the development of policies aiming to prohibit homosexuality as a crime against morality in Indonesia. The study focuses on the foundational contributions and core principles of Islamic law that form the basis for shaping policies concerning the issue of homosexuality. The research methodology involves an in-depth analysis of primary Islamic legal sources and an exploration of Indonesia's positive legal framework that influences the direction of these policies. Furthermore, the research encompasses legal case studies, an exploration of relevant literature, and an Islamic legal perspective regarding the efforts to prohibit homosexuality. Consequently, the research results deepen the understanding of the contributions and relevance of Islamic law in formulating policies that regulate homosexuality as a crime against morality in Indonesia. Moreover, this study aims to identify challenges and opportunities associated with implementing these policies.
Clashing Legal Realities: A Comparative Analysis of Insolvency Tests in Australia and Indonesia's Bankruptcy Law Riyanto, R Benny; Arifin, Ridwan; Fibrianti, Nurul; Laryea, Emmanual; Syahputra, Bearlly Deo
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27327

Abstract

This comparative study explores the insolvency test frameworks in Australia and Indonesia, focusing on the legal perspectives within their respective bankruptcy laws. In Australia, the insolvency test is governed by the Corporations Act 2001, which employs a dual approach: the balance sheet test, assessing whether liabilities exceed assets, and the cash flow test, evaluating a company's ability to meet debts as they fall due. This combination aims to offer a comprehensive picture of a company's financial health, facilitating early intervention to prevent insolvency. In contrast, Indonesia's insolvency regime, regulated by the Insolvency and Suspension of Debt Payment Obligations Law (UUPK), adopts a more creditor-centric approach, emphasizing the debtor's ability to meet debt obligations rather than focusing on asset-liability balances or cash flow. This disparity reflects differing legal frameworks and economic contexts, which in turn affect the efficiency and effectiveness of insolvency proceedings in each country. The study utilizes a comparative legal research approach, analyzing primary legal texts, case law, and secondary literature to examine the procedural differences, particularly in the initiation of bankruptcy claims and the protection of creditors' rights. It also explores how these divergent insolvency tests shape the resolution of financial distress, considering both legal and practical implications in the respective jurisdictions. The findings highlight key contrasts in how insolvency is defined and addressed, with Australia prioritizing preventative measures and a holistic view of financial health, while Indonesia's system places more emphasis on creditor protection and debt repayment capacity. The study concludes with recommendations aimed at improving alignment and efficacy within each legal framework, proposing adjustments that could enhance financial stability and optimize outcomes for stakeholders in both countries.
Integrated Responsibility Due to Mining Activities to Environmental Crisis: Capturing Pers Opinion in Environmental Issues Syahputra, Bearlly Deo
Indonesia Media Law Review Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/imrev.v2i1.66562

Abstract

This article was written so that investors could examine the obligations of the central government, territorial legislatures, financial backers, and the general public as a result of mining exercises during natural disasters. To recognize ecological justice, aggregate awareness must be demonstrated and acknowledged. Additionally, a lack of ecological issues can lead to multi-aspect emergencies like an increase in financial disparities and a decline in environmental quality. Ecological security is mandated by the 1945 Republic of Indonesia Constitution in Article 33 Paragraph 4, which takes into account carrying capacity standards and natural knowledge that is proportional to the people's economy. The methodology of this paper is qualitative. It deals with the legal problems that are happening right now. Green businesses have not yet been fully recognized by specific regulations. As a result, achieving a sense of fairness and legal certainty as a legitimate and desirable development will encourage the region to switch to control, long-term investments as a means of addressing the environmental crisis. It is everyone's responsibility to lessen the negative effects of mining investments in Indonesia, particularly on the environment.
Independent Authority on Personal Data Protection in Illegal Financial Technology: Capturing Peer-to-Peer (P2P) Lending Issues Syahputra, Bearlly Deo; Nurul Fibrianti
Journal of Private and Commercial Law Vol. 8 No. 1 (2024): Journal of Private and Commercial Law
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v8i1.3967

Abstract

  Today's innovative industry is rapidly growing, fuelled by technology utilization and an increasingly diverse range of economic models. One of these models includes the rise of illegal financial technology peer-to-peer lending (illegal fintech P2P lending), which is increasingly gaining popularity within society. There exist various regulations designed to safeguard the personal data of debtors involved in illegal fintech P2P lending. This study employs a normative doctrinal approach utilizing three research methodologies: statute, comparative, and conceptual approach. The research reveals that while some standard rules have been elucidated, there lacks specificity regarding the responsible institution. The study collected information indicating numerous instances of debtors misusing personal data through illegal fintech P2P lending This highlights the continuous legal framework overseeing the balancing act of safeguarding personal data in Indonesia. comparing it to the typical legal principles governing personal data protection in other nations with principles on common law. Consequently, this study concludes that the current handling of debtors' personal data misuse in illegal fintech P2P lending by the Personal Data Protection Agency remains sectoral. It emphasizes the necessity for a more comprehensive, independent institution to offer optimal legal protection for debtors' personal data in the context of illegal P2P lending using fintech.
Co-Authors Anis Widyawati Laryea, Emmanual Nurul Fibrianti Ridwan Arifin Riyanto, R Benny Sabri, Zaharuddin Sani Ahmah Setyanto, Heru