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All Journal Brawijaya Law Journal : Journal of Legal Studies
Winarno, Bambang
Faculty of Law, Universitas Brawijaya
Law, Crime, Criminology & Criminal Justice

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THE ANALYSIS OF ISLAMIC ECONOMY IN THE CONSTITUTION OF INDONESIA Hamidah, Siti; Bakri, Mochammad; Budiono, Abdul Rahmad; Winarno, Bambang
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (214.505 KB) | DOI: 10.21776/ub.blj.2017.004.01.03

Abstract

The development of Islamic Economy has been flourishing in the life of Indonesian people and brings impacts to several aspects of life, including in the field of law serving as the juridical basis. Indonesia is not an Islamic country. Instead, it is a constitutional country that believes in one Supreme God and protects all people to practice their religions. The sociological condition of the majority affects the formulation of law and constributes to the positive law which includes in it the issue on constitutional law.This paper analyzes the flexibility of Indonesian’s constitution in adopting and providing spaces for Islamic Economy as well as becoming the foundation for Islamic economy to fulfill the need of the society. Firstly, the analysis was conducted using theoretical approach viewed from the persepctive of the correlation between the state and religion, and the theory on legal pluralism. Further, the 1945 Constitution of State of Republic of Indonesia (Undang-Undang Dasar Negara Republik Indonesia/UUD NRI 1945), was analyzed to trace the basis of Islamic economy and to develop Islamic economy based on the Indonesian’s constitution.
THE EMBODIMENT OF EFFICIENCY-JUSTICE PRINCIPLE IN INDONESIAN RETAIL REGULATIONS Tulandi, Edwin Steven; Suhariningsih, Suhariningsih; Sihabudin, Sihabudin; Winarno, Bambang
Brawijaya Law Journal Vol 4, No 2 (2017): Law and Sustainable Development
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (39.947 KB) | DOI: 10.21776/ub.blj.2017.004.02.01

Abstract

Retail regulations is one of national sector which is impacted by globalization on the legal aspects in Indonesia. The dynamics of the traditional retail (traditional market and mom and pop store) management in some areas tend to have an orientation on increasing local revenue which can be seen in the management of irregular traditional market management and transition of traditional market to the private sector. On the other hand, the proliferation of modern retail which is side by side with traditional retail is a form of arrangement that is not in accordance with the retail 's designation/purpose. This indicates that the efficiency-justice principle that aims to create a balance turns more to the efficiency of the exclusion of justice for traditional retail. This paper aims to analyze the embodiment of Efficiency-Justice Principle in Indonesian Retail Regulations. The method used in this research is normative-juridical method, which analyze existing national retail regulations. It proposes appropriate method in embodying Efficiency-Justice Principle in Indonesian Retail Regulations.
Co-Authors Budiono, Abdul Rahmad Mochammad Bakri, Mochammad Sihabudin Sihabudin, Sihabudin Siti Hamidah Suhariningsih Tulandi, Edwin Steven