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All Journal Masalah-Masalah Hukum Jurnal IUS (Kajian Hukum dan Keadilan) JEMA: Jurnal Ilmiah Bidang Akuntansi dan Manajemen Jambura Law Review Al-Qalam
Malik, Muhammad Fahad
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Constitutionality of Simultaneous Extension and Renewal of Land Rights Mahfud, Muh Afif; Djohan, Naufal Hasanuddin; Malik, Muhammad Fahad
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1360

Abstract

One form of state control is to regulate the granting of land rights, including determining the subject of the right and the duration of a land right. The determination of the period of land rights must pay attention to equality of opportunity and access in acquiring and controlling land so as to create the greatest prosperity of the people as the goal of national agrarian law. This is a normative research that focuses on examining the harmony between regulations so that it uses a statute approach and conceptual approach. Therefore, primary legal materials and secondary legal materials obtained based on literature research are used. The data obtained was then analyzed based on content analysis. In this research, it is found that there are overlapping regulations between the Basic Agrarian Law, Governmental Regulation No. 40 of 1996, Agrarian Minister Regulation No. 18 of 2021 and Government Regulation No. 12 of 2023 regarding the extension and renewal of land rights at the same time. In addition, in reality, the simultaneous extension and renewal of land rights causes several things, namely: (1) legal uncertainty because there are regulations as the basis that collide with each other; (2) inequality and injustice for the community in accessing land; and (3) presents unconstitutionality because basically this policy has violated the Constitutional Court's decision.
A systematic review of anti-money laundering systems literature: Exploring the efficacy of machine learning and deep learning integration Husnaningtyas, Nadia; Hanin, Ghalizha Failazufah; Dewayanto, Totok; Malik, Muhammad Fahad
JEMA: Jurnal Ilmiah Bidang Akuntansi dan Manajemen Vol. 20 No. 1 (2023): JEMA: Jurnal Ilmiah Bidang Akuntansi dan Manajemen
Publisher : University of Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31106/jema.v20i1.20602

Abstract

Money laundering is a complex issue with global impact, leading to the increased adoption of artificial intelligence (AI) to bolster anti-money laundering (AML) measures. AI, with machine learning and deep learning as key drivers, has become an essential enhancement for AML strategies. Recognizing this emerging trend, this study embarks on a systematic literature review, aiming to provide novel insights into the implementation, effectiveness, and challenges of these sophisticated computational techniques within AML frameworks. A critical analysis of 26 selected studies published from 2018 to 2023 highlights the essential role of machine learning and deep learning in identifying money laundering schemes. Notably, the decision tree algorithm stands out as the most commonly utilized technique. The combined use of both learning models has proven to significantly increase the effectiveness of AML systems in detecting suspicious financial patterns. However, the optimization of these advanced methods is still constrained by issues related to data complexity, quality, and access.
LEGAL RECONSTRUCTION FOR AUTONOMOUS VEHICLE USE IN INDONESIA: CHALLENGES AND SOLUTIONS IN THE AGE OF ARTIFICIAL INTELLIGENCE Djohan, Naufal Hasanuddin; Indarti, Erlyn; Malik, Muhammad Fahad
Masalah-Masalah Hukum Vol 54, No 1 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.1.2025.13-24

Abstract

This research explores the urgent need for a legal framework governing the use of Autonomous Vehicles (AVs) in Indonesia, focusing on the integration of Artificial Intelligence (AI) technologies in transportation. With traffic accidents accounting for a significant portion of global fatalities, the adoption of AVs powered by AI is seen as a potential solution to reduce human errors and enhance road safety. However, Indonesia’s existing traffic laws, primarily focused on conventional vehicles, lack provisions for AVs, creating a legal vacuum. This study compares the legal structures of AVs in the United Kingdom and Indonesia, highlighting the differences in recognition, liability, and regulation. Drawing on the concept of "Law as Integrity" by Ronald Dworkin, this paper argues for the construction of a new legal framework that integrates the evolving needs of society, technology, and legal principles. By applying a multi-disciplinary approach, the research emphasizes the importance of collaborative legal construction, involving government, academia, civil society, and manufacturers, to ensure safe, just, and efficient integration of AVs in Indonesia’s road systems. The study concludes with recommendations for regulatory reforms, including the establishment of specialized supervisory agencies and the mapping of AV operational areas.
Land Bank in Indonesia: Disoriented Authority, Overlapping Regulations and Injustice Mahfud, Muh Afif; Djohan, Naufal Hasanuddin; Malik, Muhammad Fahad
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24166

Abstract

The Indonesian Lank Bank Agency (“Land Bank”) is a sui generis institution that has broad authority including providing convenience for investors and implementing agrarian reform based on the value of justice and legal certainty. This paper aims to analyze the disorientation of authority and overlapping regulations of the Land Bank, examine the Land Bank's authority based on the cybernetic concept of Talcott Parsons and deconstruct the Land Bank‘s authority in terms of the value of justice. This research is a normative study that uses secondary data collected through literature research and analyzed the data through content analysis. Based on the analysis, it is found that there is a disorientation of the Land Bank‘s authority as its authority to implement the agrarian reform aimed at creating equitable land ownership is contradictory to its authority to facilitate investments that use large areas of land. The implementation of agrarian reform by the Land Bank also faces overlapping regulations and authority. Based on Talcott Parsons' cybernetic concept, the Indonesian government prioritizes investment facilitation authority (economic subsystem) which has the highest energy and therefore ignore agrarian reform (social subsystem) which has lower energy. This is not in line with the principle of justice, namely partiality to the disadvantaged party since it prioritizes the interests of business entities as the more economically advantaged party and overrides the interests of people who do not own land or control land less than the minimum limit.
ESCHATOLOGY AND PROPHECY: AN INTERTEXTUAL STUDY OF FAFIRRU ILALLÄH WORK Fanani, Ahwan; Malik, Muhammad Fahad
Al-Qalam Vol. 30 No. 1 (2024)
Publisher : Balai Penelitian dan Pengembangan Agama Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31969/alq.v30i1.1400

Abstract

The Fafirru Ilallah is a Javanese texts contains the elements of eschatology and prophecy. The text indicates an acculturation between Javanese-Islamic eschatological work that explains Islamic eschatology. The acculturation makes the eschatological explanation in Fafirru Ila Allah nuanced in Islam and nuances of local culture to deal with actual societal challenge.This article aims to describe the content and the message of the text as well as to carry out intertextual analysis of the text with others. The article answers three main problems, namely the content of Fafirru Ila Allah, the message of it and intertextual link between the text with other prophetic literature. This paper uses an inter-textual and an intrinsic approach simultaneously.This paper reveals that Fafirru Ila Allahwork elaborates great apocalypse (qiyama kubra) and great apocalypse (qiyama sughra) in the lights of Islamic sources as well as local Javanese prophecy as contained in Serat Jayabaya, the Prophecy of Seh Subakir and the prophecy of Ranggawarsita. The work hints the vision of social control by providing the depiction of social crisis and how moslems such deal with it. The article, however, does not further discuss on pragmatical aspects of the texts or how it is received by Javanese readers.
SHIFTING LEGAL LANDSCAPES: THE EVOLUTION AND FUTURE OF CUSTOMARY LAND RIGHTS RECOGNITION IN INDONESIA Sukirno, Sukirno; Malik, Muhammad Fahad
Masalah-Masalah Hukum Vol 54, No 3 (2025): MASALAH-MASALAH HUKUM (in press)
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.3.2025.353-371

Abstract

This research explores the legal and political dynamics surrounding the recognition of customary land rights in Indonesia, from the Dutch colonial era to the post-Reformation period. The recognition of customary rights, a concept introduced by van Vollenhoven and later refined by Ter Haar, has evolved through various legal frameworks influenced by shifting political regimes. During the colonial period, Dutch policies acknowledged customary rights, particularly in indigenous areas like Riau and Jambi, though often in a limited and exploitative manner. Post-independence, however, the recognition of customary rights became more complex. The Old Order regime adopted a repressive stance, recognizing customary rights under strict conditions to avoid separatism, while the New Order further diminished these rights in favor of state land control, particularly for corporate interests. The Reform era introduced a somewhat more inclusive yet still restrictive approach to customary land rights, with legal frameworks acknowledging them in principle but often sidelining their practical application in favor of development agendas. This study analyzes these shifting policies using Nonet and Selznick’s framework of repressive, autonomous, and responsive law, concluding that Indonesia’s legal approach to customary rights has been predominantly repressive, with brief periods of responsiveness during certain regulatory changes. Looking forward, the research argues for a shift toward a responsive legal policy that actively involves indigenous communities in the legislative process and provides a clear, inclusive, and sustainable framework for recognizing and protecting customary land rights. Such a shift would be crucial in addressing the historical and ongoing marginalization of indigenous peoples in land-related issues, fostering a more equitable and participatory legal environment.
Co-Authors Ahwan Fanani Djohan, Naufal Hasanuddin Erlyn Indarti, Erlyn Hanin, Ghalizha Failazufah Husnaningtyas, Nadia Mahfud, Muh Afif Sukirno Sukirno Totok Dewayanto