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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Suara Hukum Lex Journal : Kajian Hukum dan Keadilan Kanun: Jurnal Ilmu Hukum Jurnal Dinamika Hukum
Begishev, Ildar
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Law, Crime, Criminology & Criminal Justice

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Restorative Justice for Child Abortion Offenders Mutmainnah, Luluk; Begishev, Ildar
Lex Journal: Kajian Hukum & Keadilan Vol 8 No 1 (2024): July
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v8i1.8808

Abstract

The application of restorative justice can only be applied in certain cases. For example, cases involving children are explicitly explained in Article 1 point (6) of Law Number 11/2012 concerning the Juvenile Justice System. Then, what about the child as the perpetrator of abortion who has eliminated the life of his flesh and blood, whether restorative justice can be applied. This study aims to examine the restorative justice approach in the criminal justice system and the punishment of children who commit abortion based on restorative justice. The method used in this research is normative legal research, with statutory, and conceptual approaches. The results showed that restorative justice approach in the criminal justice system can be applied to certain cases. For example, corruption, narcotics, children and so on. While the punishment of abortion offenders based on restorative justice is not necessarily applicable. This is because not all abortions are performed by rape victims.
Internationalization of Halal Product Assurance Standards in Indonesia in Ensuring Consumer Rights: Implications and Orientation Wibowo, Dwi Edi; Soeharto, Achmad; Taufiq; Kunantiyorini, Anik; Prematura, Aditya Migi; Begishev, Ildar
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p356-384

Abstract

Halal product assurance is part of consumer rights that ensures consumers receive a legal guarantee for a product that has been certified halal. In Indonesia, there are efforts to internationalize halal product assurance standards through cooperation with other countries. This research aims to analyze the legal implications and orientation related to the internationalization of halal product assurance standards in Indonesia with other countries. This research is a normative legal study that emphasizes conceptual, legislative, and historical approaches. The research results indicate that the internationalization of halal product assurance standards in Indonesia can have positive implications, such as the adoption of Indonesian halal regulations and standards by other countries, increased cooperation with both Muslim-majority and non-Muslim countries, and enhanced competitiveness of Indonesian products in the global halal industry market, particularly from the small, micro, and medium enterprise sector. Future orientation in the internationalization of halal product assurance standards in Indonesia can be achieved through strengthening cooperation with non-Muslim countries in terms of technology transfer, and with Muslim countries to improve the quality of halal certification and strengthen their position in the global halal market. This research offers novelty in the form of international collaboration and legal implications that can have a wide-ranging impact, especially on the competitiveness of Indonesian products in the global halal market. This research recommends a revision of Government Regulation No. 39 of 2021 concerning the Implementation of the Halal Product Assurance Sector to formulate more optimal regulations regarding international cooperation in halal product assurance standards in Indonesia. Keywords: Consumer Rights, Internationalization, Halal Product Assurance, Cooperation.
COMPARATIVE ANALYSIS OF STEVEDORING LABOR PERFORMANCE IN THE SEA TOLL PROGRAM: INSIGHTS FROM INDONESIA AND THE PHILIPPINES Gultom, Elfrida Ratnawati; Arsawan, I Gede Yudi; Begishev, Ildar
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.45149

Abstract

This study conducts a comparative analysis of stevedoring labor performance within the Sea Toll program in Indonesia and the Philippines, focusing on efficiency, technology, and worker welfare. It aims to identify the key factors influencing the effectiveness of stevedoring labor in both countries. Employing a normative legal method alongside a comparative study approach, the findings indicate that the performance of stevedoring labor in the Philippines is superior to that in Indonesia, particularly regarding work efficiency, technological implementation, and worker welfare. The Philippines has successfully established a skills certification system through the Technical Education and Skills Development Authority (TESDA), implemented port automation systems such as the Cargo Handling Management System (CHMS) and the Port Community System (PCS), and ensured labor protection in accordance with the Philippine Labor Code and the Occupational Safety and Health Standards (OSHS) Act. In contrast, Indonesia faces significant challenges, including difficulties in implementing skill standards, inadequate port infrastructure, and limited social protection for workers, despite existing regulations such as Law Number 17 of 2008 on Shipping and the Minister of Manpower Decree Number 100 of 2004. Key determinants of stevedoring labor effectiveness include labor regulations, technological availability, training systems, welfare, and work culture. The Philippines has demonstrated greater success in integrating these factors into its operational framework. Therefore, Indonesia could benefit from adopting the Philippines' robust regulatory framework, skills certification system, automation technology, and enhanced worker welfare protections.
Comparing the Separation of Powers in Indonesia and Russia: Constitutional Structures and Political Impacts Saputra, Imran Eka; Rahman, Ali; Begishev, Ildar
Jurnal Dinamika Hukum Vol 25 No 2 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.2.15655

Abstract

The distribution of power in Indonesia and Russia shows differences in the implementation of the principle of separation of powers. Indonesia, as a unitary state with a presidential system, faces challenges in maintaining balance between the central and regional governments. Meanwhile, Russia, as a federal state with a semi-presidential system, remains centralized, with executive power largely dominated by the president. This study aims to analyze the model of power distribution in the constitutional law of Indonesia and the Russian Federation based on their respective governmental systems, as well as to identify the advantages, disadvantages, and implications for government stability in both countries. This research employs a normative legal method with a statutory, comparative, and conceptual approach to analyze the power distribution model in Indonesia and Russia based on their constitutions and relevant regulations, using library research techniques and qualitative analysis. The findings indicate that the power distribution models in Indonesia and Russia differ according to their respective governmental systems. Indonesia adopts a presidential system with strong checks and balances between the executive, legislative, and judicial branches, while Russia follows a semi-presidential system that grants dominant authority to the president. Indonesia emphasizes power balance through democracy and decentralization, though it faces challenges such as political gridlock and slow bureaucracy. Conversely, Russia enjoys stronger political stability due to executive dominance, but at the risk of weakening checks and balances and limiting political freedoms. Thus, the governmental systems in both countries have their own advantages and disadvantages in influencing stability and governance effectiveness.
Unqualified Audit Opinions and Their Role in Promoting Transparent, Accountable, and Just Governance Reform Amiq, Bachrul; Hamdani, Fathul; Prawesthi, Wahyu; Aribawa, Muhammad Yustino; Begishev, Ildar
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 2 (2025): 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.v13i2.1713

Abstract

This study examines the effect of the Supreme Audit Agency (BPK) audit results with an unqualified opinion (WTP) on efforts to improve clean governance in Indonesia. The WTP opinion shows that the financial statements of government entities have been prepared by applicable accounting standards and regulations. Using a normative legal research approach, this study examines the relevance of the WTP opinion as the main indicator of transparency, accountability, and integrity in state financial management. The results show that the WTP opinion has a positive impact in increasing transparency and accountability, strengthening supervision and efficiency of financial management, reducing the potential for corruption, and building public trust in the government. In addition, the WTP opinion also encourages bureaucratic reform through technology adoption, strengthening human resources, and more effective budget planning. This research emphasizes the importance of WTP opinion as a strategic tool in realizing good and sustainable governance.
Co-Authors Achmad Soeharto Anik Kunantiyorini Aribawa, Muhammad Yustino Bachrul Amiq Dwi Edi Wibowo Gultom, Elfrida Ratnawati Hamdani, Fathul I Gede Yudi Arsawan Imran Eka Saputra Mutmainnah, Luluk Prematura, Aditya Migi Rahman, Ali Taufiq Wahyu Prawesthi, Wahyu