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International Journal of Law Reconstruction
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
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FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
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Articles 153 Documents
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SYARI'AH BANKING LEGAL SYSTEM IN INDONESIA Didi Sukardi
International Journal of Law Reconstruction Vol 2, No 1 (2018): : INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i1.2621

Abstract

Socio-anthropological and emotional, Islamic law is very close to the people of Indonesia are Muslim majority, but it has historically Islamic law was known long before the colonists into Indonesia. Fatwa Majelis Ulama Indonesia or MUI on bank interest is haram has pushed aside the curtain of public oppression to liberation syari'ah, and gave birth to the implementation of the dual banking system in Indonesia, namely the operation of conventional banks and banks of the syari'ah, which is welcomed by the people of Islam in Indonesia 
CONSTRUCTION CONTRACT OF HIRE PURCHASE AND CORRELATION WITH CRIMINAL OFFENSE Bambang Tri Bawono
International Journal of Law Reconstruction Vol 3, No 1 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v3i1.5265

Abstract

Hire purchase agreements that have developed in the realm of society yet have clarity because there is no specific legislation governing the lease-sale agreement. The absence of specific legislation governing the lease resulted in the agreement to experience different views for legal experts both in terms of the definition and the legal consequences arising. This type of research used in this study is a research library with normative juridical approach. Normative research. The results of this study mention: first, the legal construction of a hire purchase agreement did not have legal certainty, because this agreement has legal consequences of changing from the payment of the debt to the payment of rent, when a tort committed by the purchaser. Other than that, construction law hire purchase agreement is null and void, because there are some clauses which are contrary to Article 1266 of the Civil Code and Article 18 of the Consumer Protection Act. Second, the criminal offenses arising from a lease agreement is a criminal offense of extortion, when the withdrawal unilaterally, although financing the vehicle has been registered in the Register of Fiduciary. This is because even though the fiduciary has the right of executor, but the execution must follow procedures for the implementation of a court decision, so businesses must apply in advance to the Chairman of the Court.
THE SETTLEMENT MODEL AGAINST CREDIT AGREEMENTS BETWEEN CREDITORS AND DEBTORS Anis Mashdurohatun; Eyrsa Setya Kurnia
International Journal of Law Reconstruction Vol 4, No 2 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i2.11319

Abstract

The purpose of this study is to analyze the factors that cause bad credit to credit agreements between creditors and debtors and to formulate a model of bad credit settlement against credit agreements between creditors and debtors. This study uses an empirical juridical approach. This study found that the factors causing the occurrence of bad credit are due to internal factors of the bank (creditors), namely ignoring bank prudential principles, especially the 5C principle, where banks are less careful in assessing potential debtors, and external factors (debtors), where the debtor's business decreases, debtors are not clever in managing their business, debtors have large debts, credit is not used properly, hidden credit and fictitious credit. The non-performing loan settlement model puts forward the principles of taawun and tawazun, with several stages, namely subpoena, credit restructuring and, / or credit settlement by selling collateral as a last resort.
Taxing Policy Reconstruction Based on Justice Value to Encourage Industrial Competitiveness in the Global Era Amin Purnawan
International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v1i1.2258

Abstract

The study of trading will not be separated from the study of industry and investment, they have the close relationship of these three things in determining the competitiveness of a country, especially in the current pattern of global value chain (GVC) trading. The aims of this study are: (a) to analyze the urgency of increasing the competitiveness of national industry in the era of world free trade, and (b) to reconstruct taxation policies to promote industrial competitiveness in the global era. Tax reform should be able to improve competitiveness, and enthusiasm to invest for the investors. Due to growing business will increase tax revenue. The tax policy is very influential on industry, trade, and investment, because according to business people, tax is the biggest investment constraint, besides security, law, labor, regional autonomy, and smuggling issue. The reconstruction of taxation policies through the updating of tax laws includes: simplifying administrative procedures, raising taxpayer awareness, implementing a credible, accountable and consistent self-assessment system, tariffing adjustments to improve competitiveness, and expanding tax bases to increase state revenues. In order to improve competitiveness with other countries, it is necessary to put forward the principles of fairness and neutrality in tariff setting, and provide incentives for small business development. The structure of the prevailing tax rate is simplified in stages, planned, differentiated tariffs, and simplified layers intended to provide a more proportional tax burden for each taxpayer class.
SETTING THE ANALYSIS OF NATURAL RESOURCE USE IN CONTINENTAL AREAS OF INDONESIA BY APPLICABILITY CONVENTION LAW OF PBB 1982 Abdul Munsharif
International Journal of Law Reconstruction Vol 2, No 2 (2018): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i2.3332

Abstract

Before the entry into force of UNCLOS in 1982, the continental shelf area governed by Article 1 of the Convention IV Geneva Convention on the Law of the Sea in 1958, which was implemented a by Act No. 1 of 1973. The setting through 1958 Geneva Convention on the Law of the Sea benefit only for the developed countries that have the advanced technology. Although UNCLOS 1982 has been in force, but the status of Indonesian Act No. 1 of 1973 still impose as the implementation of the Geneva Conventions Of 1958. Several agreements with neighboring countries are being held between the years 1969- 19972, of course it is very detrimental to the Indonesian Government. In this case the Act No. 1 of 1973, adjusted to international law, namely UNCLOS in 1982 is expected that the regulating of the utilization of natural resources in the continental shelf of Republic Indonesia can provide a fair arrangement. It is Necessary to remember that there is a difference in perception between the Act No. 1 of 1973 with the UNCLOS in 1982 in the matter of setting the area of the continental shelf.
ANALYSIS OF COVID-19 LOCKDOWN POLICY IMPACT BY THE GOVERNMENT OF THE COUNTRY ON THE ECONOMIC SECTOR AND SIGNING OF WORKING RELATIONSHIPS (LAYOFFS) Mohammed Abdela Mahammed
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.10942

Abstract

The lockdown authority based on the laws in each country regarding Health Quarantine is the absolute authority of the Government. As stated, "health quarantine is carried out to prevent and ward off the entry or entry of diseases and / or community health risk factors that have the potential to cause public health emergencies." Therefore if there is a regional government that feels the region has an emergency situation and wants to do a lockdown, of course this is unconstitutional and there needs to be a consul from the regional head with the central government before making any related policies. Considering the emergency situation, the spread of the corona virus which has now infected many people (starting from December 2019 to June 2020) can be categorized as an infectious disease that can trigger public health emergencies, so that the implementation of national quarantine can actually be done especially with authority which is clearly stated in the legislation. But so far the central government has not issued a lockdown policy, even though the number of infections has increased. This is influenced by economic considerations during the lockdown. Economic decline, business failure to the number of layoffs by companies are the main considerations. Likewise, the risk of many workers will be fired (laid off) because the company or office is not operating. Not to mention the government must be able to meet the basic needs of the population during lockdown or national quarantine activities when enacted. The question also arises, whether the government is able to meet the primary needs of its citizens when the lockdown occurs.
Reconstruction of Bonds Arrangements in Indonesian Capital Market Justice-Based Value elvira fitriyani pakpahan
International Journal of Law Reconstruction Vol 1, No 1 (2017): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v1i1.1638

Abstract

Trustee contracts referring to the special provisions on guarantees stipulated by Bapepam (Capital Market Supervisory Agency)/OJK (Financial Service Authority) as referred in item 4 letter E Kep. Bapepam-LK No.412 / BL / 2010 are considered too general. The provision of guarantee on number 4 letter E Kep. Bapepam No.412 is limited to informational provisions, not a requirement. The purpose of this paper is to know and analyze the implementation of bond arrangements and weaknesses in the capital market of Indonesia based on the value of justice. Why there are weaknesses in the implementation of bond arrangement in Indonesia capital market. This research used sociological juridical method. The theories used to analyze were the theory of Degrading Justice as the Grand Theory, Theory of Legal Protection as the Middle Range Theory and Theory of the Covenant as Applied Theory. Based on the results of research implementation of bond arrangement in Indonesia capital market does not give justice value to the parties such as issuer, trustee and investor in particular. Unclear arrangements in Bapepam-LK's Decree on General Provisions and Trustee Contracts under the Warranty (if any) do not provide legal certainty and fairness to bond investors in the event of default. The weaknesses in the implementation of bonds arrangement in the Indonesian capital market due to the functions and duties of the Trustee listed in UUPM have no regulatory arrangements, as well as the absence of guidelines/standards in the preparation of the trustee contract. The reconstruction of the law shall be conducted by changing the special provisions of Bapepam Decree Number 412 on item 4 letter E concerning the guarantee (if any) by removing / removing the existing word in parentheses (if any), as it does not reflect the value of legal certainty and dignified justice.
THE POLITICAL PERCEPTION OF YOUTH IN BANGLADESH Maheri Tamanna
International Journal of Law Reconstruction Vol 2, No 2 (2018): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i2.3162

Abstract

AbstractYouth in politics can be a creative force, a dynamic source of innovation which in turn brings positive changes in political systems. But today’s youth is neither deeply apathetic nor unconventionally engaged in mainstream politics due to its complex nature. This decreasing level of youth participation in politics not only endangers the quality of leadership but also jeopardizes the democracy of tomorrow. By using qualitative and quantitative data this study explored the trend of youth engagement and their disconnection with the current political systems. This study aimed to observe how the youth is unbundling the traditional concept of state power and identify the reasons for their non-engagement in politics which eventually challenges the political system of Bangladesh.
POLITICAL REFORM OF LABOR PROTECTION LAW IN THE GLOBALIZATION ERA Arpangi Arpangi
International Journal of Law Reconstruction Vol 4, No 1 (2020): INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v4i1.9246

Abstract

In its development, economic globalization has created an affiliation between the local economy and the international economy. It resulted in an extraordinary blow to the economic system in third world countries that were trying to become developed countries. It can be seen in the issue of protecting workers' welfare, which is not fair. So, this article intends to discuss related to the protection of workers' welfare in the era of globalization and the weaknesses that affect the protection of labor rights in the era of globalization, which can't realize justice for workers. The article is expected to be able to stimulate each party to re-discuss the issue of protecting labor welfare in the current era of globalization in Indonesia. The results of research produced are The factors that influence injustice in protecting workers' welfare in Indonesia are Legal rule factors, Influence Factors of Globalization can also be concluded that the failure of labor law politics in Indonesia will have an impact on the increasing poverty rate in Indonesia due to increasing unemployment in Indonesia as one of the effects of the flood of foreign workers in Indonesia with the number of employment that is running low.
ROLE OF ISLAM IN MALAYSIA’S PUBLIC DIPLOMACY: ABDULLAH BADAWI ADMINISTRATIONS Nur Fareha
International Journal of Law Reconstruction Vol 2, No 1 (2018): : INTERNATIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v2i1.2957

Abstract

This paper investigates the role of Islam in Malaysia’s as a reform on soft power tools under the leaderships of Malaysia’s fifth Prime Minister, Tun Abdullah Badawi. The study emphasis the reform in policy making, philosophies and approaches of the premiers in developing an understanding of the importance of Islam’s role in Malaysia’s public diplomacy. The research also determines the influence of international events in the public diplomacy policies. The study takes a constructivist approach and includes faith diplomacy into the realm of public diplomacy. This study has achieved its objective of understanding Islamic public diplomacy in Malaysia’s administration and should be useful for developing future policies of public diplomacy for domestic and international consumption. It is an interesting reflection of this study that the common perception that Abdullah’s public diplomacy was not successful is incorrect; this perception is founded on the labelling that Abdullah’s version carried, which is because Abdullah, true to his character and personality, embraced and enriched previous premiership Islamization principles, without wanting to change them. Though there are arguments as discussed that Islam Hadhari declined, it only declined in the domestic context. In the international arena it appealed to a much wider audience.

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