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All Journal Al-Ahwal: Jurnal Hukum Keluarga Islam Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Jambe Law Journal Journal of Nahdlatul Ulama Studies IBDA': Jurnal Kajian Islam dan Budaya Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Supremasi Hukum: Jurnal Kajian Ilmu Hukum Journal of Sustainable Development and Regulatory Issues
Mujib, M Misbahul
Fakultas Syari’ah Dan Hukum UIN Sunan Kalijaga Yogyakarta
Religion Arts Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Fenomena Tradisi Ziarah Lokal dalam Masyarakat Jawa: Kontestasi Kesalehan, Identitas Keagamaan dan Komersial M Misbahul Mujib
IBDA` : Jurnal Kajian Islam dan Budaya Vol 14 No 2 (2016): IBDA': Jurnal Kajian Islam dan Budaya
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (120.794 KB) | DOI: 10.24090/ibda.v14i2.673

Abstract

This study discusses the grave pilgrimage traditions that have long made the Java community in particular through a phenomenological approach with increasing pilgrim graves in 1 the last decade, although the level of jurisprudence still reap the pros and cons. The study revealed several factors causing the increase in the grave pilgrims. The survey results revealed that there are many aspects that influence the increased pilgrim grave. In addition, the grave pilgrimage as a tradition that has existed since before Islam, it’s recognized that it has aspect of religious ritual worship (piety) with the normative arguments as an amplifier. Efforts of pilgrims who actually aimed at showing religious identity or religious symbols as the persistence of the abangan are still not understood in the perspective of religious pilgrimage and the orthodox clergy who rejected the implementation of the pilgrimage also affect many pilgrims. Another dimension is an important factor increasing the pilgrims grave is none other than the commercial factor, because many pilgrims could significantly increase the economic level of the community around the shrine grave, grave pilgrimage organizers and it can even be a source of local revenue. So that the improvement of infra structure grave shrine is also an important factor increasing the grave pilgrims.
Kajian Sosio Historis Hukum Adat dalam Konstitusi Indonesia M.Misbahul Mujib
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 4, No 1 (2015): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v4i1.1978

Abstract

Indigenous and tribal peoples have recognized in NKRI constitution, UUD 1945. Many factors affect the recognition of indigenous people in the constitution. This study examines the socio-historical factors that influence the recognition of indigenous people in the constitution. This paper uses the legal theories to prove that the law should be born out of history and social reality.
Memahami Pluralisme Hukum di Tengah Tradisi Unifikasi Hukum: Studi atas Mekanisme Perceraian Adat M.Misbahul Mujib
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 3, No 1 (2014): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v3i1.1945

Abstract

Indonesia as a country necessitates the unification of law. This is a problembecause Indonesia sociologically has many different tribes where until now still enforcecustomary law. The last few years the development of customary law where it issupported by national and international regulations. Legal unification allegedly as asingle approach will bring socio-political impact, because it will roughly relegate existinginception before the state made. The law of marriage is also not spared from theseproblems. One side the government enforce the law of marriage as unification productbut on the other hand he had to respect, preserve and even develop customary lawmarriage that is still widely used in the community. Divorce through the religious courtshas been applied but there are still many people who do divorce through traditionalmechanisms. The approach to this problem should be put forward to the wise attitude bynot prioritizing one and exclusion of the other. So that each can actually complementeach other and can survive simultaneously.
Eksistensi Delik Adat dalam Kontestasi Hukum Pidana Indonesia M. Misbahul Mujib
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol 2, No 2 (2013): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v2i2.1944

Abstract

Indigenous offense is an act that violates the sense of justice and propriety inpublic life, sahingga cause disruption of public peace and order to restore balance, thenSo, Customary law offense is a whole unwritten law that determines the existence of violations of customary deeds and all attempts to restorea state of equilibrium is disturbed by such actions.there is the customary reactions.encouraged the emergence of an ongoing debate since the beginning of the independence ofIndonesia on whether custom could be one source of law in the Indonesian constitution. Therefore, the focus in this study is the existence of Indigenous offense in Indonesiancriminal law system. The conclusion in this paper can be said that the offense is a violation of Indigenous customary criminal and civil. In solution, preferably an elementHowever, Indigenous offense hasof peace through justice of the peace as the controlling offense Indigenous village. If not tercapa peace, then the elders can provide appropriate sanctions and the background dueto the violation.
Does Omnibus Law Affect the Indonesian Investment Regulations towards Chinese Investors? M. Iqbal; M. Misbahul Mujib; Yuliannova Lestari
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 5 Issue 2 (2022) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v5i2.6838

Abstract

This paper examined the polemic of Indonesian omnibus Law that affect the international market interest in Indonesia, especially for the Chinese investor. On the one hand, this act and its implementation act give hope for a more conducive climate for foreign investment. On the other hand, it also invites resistance from various components of the nation due to the non-transparent procedure of its formation. It substantively degrades the interests of the wider community and is more in favour of the interests of investors. This research comes up with the liberal institutionalism theory; when state elites do not predict self-interested benefits from cooperation, it means no expectation of cooperation to occur, nor the institutions that facilitate cooperation to develop. On the other hand, when states can jointly benefit from cooperation, governments expect to attempt to establish such an institution. . As a result, Omnibus Law affects ambiguity and uncertainty for foreign investor especially for Chinese. However Omnibus Law is still uncertain and ambiguous; in reality the foreigner investment especially Chinese Investments in Indonesia is still run well and tend to increase. It is because Constitutional Court's decision did not invalidate 47 government regulations and 4 presidential regulations derived from the Job Creation Law. In addition, from the perspective of liberal Institutionalism, it has been long time Indonesia and China has built diplomacy for continuous mutual cooperation.
Regulation Model for Collecting State Revenue in Registration of Sale and Purchase Land Muchtar, Andhyka; Mujib, M. Misbahul
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.24

Abstract

Taxes serve as the primary source of income for the nation to finance its diverse requirements. Land sales and purchase taxes are a specialized sort of tax revenue. Nevertheless, the current taxing arrangements for land transactions enforced by the state remain unjust and need more legal certainty. This study evaluates the significance of state taxation regulations in land acquisitions, aiming to establish legal certainty and justice for the community. It proposes that state taxes on land sales should be determined based on the Tax Object Proceeds Value (NJOP). It advocates for implementing a self-assessment system to ensure equitable taxation and legal certainty in Indonesia. This study employs a doctrinal legal research methodology, conceptual approach, and statutory regulations. The sources utilized encompass primary and secondary legal texts, subsequently synthesized through deductive syllogism. The results indicate that the current rules for determining state tax deductions for land sales in Indonesia are invalid and unfair. This is because they need a self-assessment system, which leads to a lack of clarity and transparency. To address this issue, it is necessary to implement the Tax Deal System as the primary method for collecting sales and purchase taxes on land. This system would allow taxpayers to communicate with tax authorities to determine the land's fair value before conducting transactions to ensure that the transaction value and tax amount are based on the actual value of the land.
Legal protection of employee wage rights in bankrupt companies: evidence from China Jaelani, Abdul Kadir; Nuryanto, Ahmad Dwi; Fenitra, Rakotoarisoa Maminirina; Mujib, M. Misbahul; Luthviati, Resti Dian
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.25874

Abstract

This study aims to identify the factors contributing to the legal protection of workers' wage rights in bankrupt companies in China, focusing on aspects that have not been grounded in social justice. This research is also to formulate and form a legal protection model for workers' wage rights in bankrupt companies based on social justice in Indonesia and China. This research is empirical. The research data is in the form of primary and secondary data (primary and secondary legal materials). The study results show that the factors that cause legal protection of workers' wage rights in bankrupt companies are not based on social justice and are the legal substance factor, namely the legal norms governing workers' wage rights and other rights. When a company goes bankrupt, there is non-uniformity in the priority hierarchy of creditors in the Bankruptcy Law, General Provisions on Tax Implementation Procedures, and Labor Laws. Another factor is the legal and structural factor, which only involves the trustee and supervisory judges in the settlement of bankrupt assets. The last factor is the legal culture, where participation in the payment of bankruptcy assets is minimal and the current economic system tends to be capitalist. Indonesia must take the Chinese government as an example; China places a premium on modifying labour standards to safeguard the rights and interests of workers in all circumstances and promote economic and social development.
Green Tourism Regulation on Sustainable Development: Droning from Indonesia and China Jaelani, Abdul Kadir; Hayat, Muhammad Jihadul; Luthviati, Resti Dian; Al-Fatih, Sholahuddin; Mujib, M. Misbahul
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.72210

Abstract

For more than five decades (since 1972), the world has increasingly directed its attention toward sustainable development, one of which encompasses the domain of green tourism. Indonesia and China stand as two nations committed to the Sustainable Development Goals and green tourism. Nevertheless, it remains uncertain whether the legal framework on green tourism in both countries has achieved comprehensiveness and the extent of its implementation's effectiveness. This article aims to explore the regulations on green tourism in Indonesia and China, along with their respective impacts. Drawing on a statute approach, this article argues that Indonesia has established multiple levels of regulations concerning green tourism as a part of its commitment to sustainable development and China. In practice, both Indonesia and China have implemented these regulations, leading to discernible positive effects on societal welfare. However, conventional regulatory overlap persists in Indonesia, and the implementation appears less than optimal. In another context, China adopts a streamlined regulatory framework and appears to have achieved greater effectiveness in the implementation of green tourism.
Optimizing Personal Data Protection Legal Framework in Indonesia (a Comparative Law Study) Lestari, Yuliannova; Mujib, M. Misbahul
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 11 No. 2 (2022): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v11i2.2729

Abstract

This study explores the protection of personal data-appealing discourse these days. Globally, 132 countries already have special arrangements to protect personal data. The Bill on the Protection of Personal Data in Indonesia is already in the National Legislation Program. Indonesia does not yet have special regulations regarding protecting personal data. Furthermore, it also discussed personal data protection regulations in several countries, both Europe and Asia. This study uses a comparative study that compares personal data protection among countries for further studies on what matters should be included in the Data Protection Bill for Indonesia. The study showed that personal data protection arrangements certainly differ. Most Data Privacy Protection regulates the same stuff, such as principles, protection mechanisms, rights of data subjects, transfers to third countries, and sanctions. It also showed that the regulation of Personal Data Protection in Indonesia is still not adequately controlled compared to the regulations in other countries
Religious Rights and State Presence in John Locke's Liberalism Perspective (Reflections on the 1984 Tanjung Priok Case) Salsabila, Orchida Nadia; Ghofur, Nilman; Mujib, M. Misbahul
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 12 No. 1 (2023): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v12i1.2957

Abstract

Upholding human rights as a part of international law without the presence of the state would seem impossible because the state is an essential element of international law. What is interesting is what happened in the 1984 Tanjung Priok Indonesia case, where human rights violations occurred because of the state's presence. The question is, how should the state's presence be? This study reflected on the 1984 Tanjung Priok case as a lesson on how countries should be involved in religious rights so as not to injure human rights. Answering that question, this study used a normative approach and John Locke's theory of liberalism. Furthermore, this study found that during the New Order era, the state's presence in civil rights was too deep, especially those related to religious rights. The presence of the state is indeed important, but the presence of the state, which is very dominant for reasons of political stability by depriving people of the right to practice their religion, cannot be justified. In addition, it is also unacceptable if the state reduces civil rights because of religious considerations. Although it is difficult, if the state has a certain ideology or religion, the state should not harm individual rights, including the rights of other religions and the religious rights of its citizens that are different. The state must not interfere too deeply or get too involved in its own ideology/religion, which then prohibits the religious rights of adherents of other religions who are its citizens.
Co-Authors Abdul Kadir Andhyka Muchtar, Andhyka Basuki, Udiyo Budiman, Fathan Dar Nasser, Montaser Faris Eko Nuriyatman Fenitra, Rakotoarisoa Maminirina Ghofur, Nilman Haq, Muhammad Izzul Hayat, Muhammad Jihadul Iswantoro, Iswantoro Januariansyah Arfaizar Kurniawan, Shelly Lestari, Yuliannova M. Iqbal Maulida, Yumna Nur Nuryanto, Ahmad Dwi Resti Dian Luthviati Rustian Mushawirya Salsabila, Orchida Nadia Sholahuddin Al-Fatih Sukamto Satoto Yuliannova Lestari