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All Journal Jurnal Borneo Administrator: Media Pengembangan Paradigma dan Inovasi Sistem Administrasi Negara Mawaddah: Jurnal Hukum Keluarga Islam
Mohamed, Nabilaa
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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The Analysis of Challenges and Opportunities in Integrated Village Government (IVG) Haeruddin, Haeruddin; Putera, Roni Ekha; Mohamed, Nabilaa
Jurnal Borneo Administrator Vol. 20 No. 2 (2024): August 2024
Publisher : Puslatbang KDOD Lembaga Administrasi Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24258/jba.v20i2.1455

Abstract

Following the implementation of the Law of Village, the resolution of village government issues proved to be a challenging endeavour. This paper presents a comprehensive systematic analysis to identify themes in village government studies. The primary objective is categorising the problems and possibilities village governments encounter. The research data utilised in this study is obtained from the Scopus Database, covering the period from 2009 to 2023. The data is subsequently analysed using the VOSviewer tool. The findings present five prominent themes and a total of 35 network elements of the governance of rural communities. These themes encompassed many aspects, such as healthcare, economic matters, conflicts, agricultural practices, and government initiatives. The study revealed that despite implementing the Law on Villages, the prevalence of intricate challenges in village government remains prominent. Scholars concur that they advocate for establishing collaborative efforts among stakeholders to delineate the sequential problem-solving steps. However, it is worth noting that rural communities often face challenges in embracing external interactions and adopting the urban commons model to establish an extensive network and facilitate multi-level growth. The findings serve as a foundation for future investigations on village government and a point of reference for more informed decision-making in governance practices. The limits were due to the exclusive use of publications from Scopus for analysis. Hence, conducting research employing a comparative approach and leveraging the Web of Science (WoS) database and other indexes are crucial to promoting the conceptual progress of village government study
Normative Critique of Passive Money Laundering Formulation in Indonesian Criminal Law: An Islamic Proportionality Perspective Wiguna Sanjaya, Aditya; Kristanto, Kiki; Mohamed, Nabilaa; Firmanto, Taufik; Achsoni, Rudhi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.82

Abstract

Money laundering crimes are generally classified into active and passive forms. In the Indonesian context, passive money laundering based on Article 607 paragraph (1) letter (c) of the Criminal Code adopts the pro parte dolus pro parte culpa model which equates criminal liability between intentional acts and those committed due to negligence. This approach raises normative issues related to the principle of proportionality which requires differentiating sanctions based on the degree of error. This study aims to analyze the principle of proportionality in Islamic criminal law and evaluate the suitability of the formulation through a comparative approach. This study uses normative legal methods with legislative, conceptual, and comparative approaches. The analysis was carried out on the provisions of Indonesian criminal law, Islamic criminal law principles, and several relevant foreign legal systems. The results of the study show that Islamic criminal law expressly distinguishes the level of error in the imposition of sanctions, as reflected in the concepts of qisas and diyat. This principle is also in line with a number of modern legal systems that separate intentional crimes (dolus) and negligent crimes (culpa) with different criminal consequences. On the other hand, the pro parte dolus pro parte culpa model in the Criminal Code has the potential to obscure these differences by imposing equivalent sanctions, thereby weakening the principle of proportionality and risking substantive injustice. This research contributes theoretically through strengthening the study of comparative criminal law based on the integration of Islamic law perspectives, as well as practically by recommending the reformulation of criminal policies to ensure more optimal proportionality and justice.
Co-Authors Achsoni, Rudhi Firmanto, Taufik Haeruddin Haeruddin Kristanto, Kiki Roni Ekha Putera Wiguna Sanjaya, Aditya