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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 .
Arjuna Subject : -
Articles 153 Documents
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LEGAL ANALYSIS OF THE REJECTION REGISTRATION INTERFAITH MARRIAGES Peni Rinda Listyawati; Indah Setyowati; Latifah Hanim
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.v4i2.11265

Abstract

The purpose of this journal is to find out about the problem of the legal position of interfaith marriage which shows that interfaith marriage is prohibited or normatively not regulated and is not recognized by the state and cannot be registered based on positive law. Research method uses a normative juridical approach, secondary data types, data collection methods that are carried out by literature, and the internet. While the data analysis method was analyzed descriptively qualitatively. The research results obtained indicate that the legal provisions of marriage, either express or implicitly, do not regulate the granting of marriage between followers of different religions. This is because marriage is prohibited between two people who have a relationship which by their religion or other regulations prohibited from marriage does not mean that the provisions in Islam prohibit interfaith marriage, so interfaith marriage is prohibited so that marriages that are carried out under religious law are not legitimate.
Reconstruction of the retroactive principle in the Indonesian criminal Law code based on the value of religious wisdom Sri Endah Wahyuningsih; Muchamad Iksan
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.v1i1.2310

Abstract

Indonesian Criminal Code that comes from Dutch heritage has to be reconstructed, because it is not in accordance with the state of Indonesia which is now already independent. One of the important principles in the Criminal Code that needs to be reconstructed is the retroactive principle contained in Article 1 paragraph (2) of the Criminal Code. The law can be retroactive as long as it benefits the defendant, not until the convicted person. The purpose of this research is to evaluate retroactive principle in Criminal Code seen from perspective value of religious wisdom, and ideal reconstruction of retroactive principle in next Criminal Code in accordance with perspective value of religious wisdom. Approach method in this research was done with normative juridical, the data used were secondary data by doing the extracting data bibliography, and data analysis were done by using qualitative descriptive method. Based on the values of religious wisdom, especially from the perspective of Islamic law in the case of any change of laws and regulations, in principle, non-retroactive principle (non-retroactive) is applied, but in certain cases the principle can be disregarded in accordance with the principles of "dlarar" and " maslahat ". The ideal reconstruction of the retroactive principle in the case of a change of laws and regulations after an act has occurred, new laws and regulations shall be applied in accordance with prevailing laws and regulations in favor of the producer and to the benefit of the public for certain offenses determined by Constitution.
POSITION OF ADOPTED CHILDREN IN THE DISTRIBUTION OF HERITAGE PROPERTY IN INDONESIA Cucuk Kristiono
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.v2i2.3305

Abstract

Adoptions are included in the category of legal acts, the which resulted in the rightsand obligations of the parties. In the Burgelijk Weetboekand the compilation of Islamic law, are differences in theregulations about how the positions Adopted child to the adoptive parents. It is implicated in the process of inheritance. Adopted inheritance of the children in accordance with Islamic Law Compilationused was was borrowed, while the Burgelijk Wetboeek, inheritthe same Adopted children with legitimate children.
INTERNATIONAL AVIATION/AIRSPACE LAW AN OVERVIEW Yaya Kareng
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.v4i1.10941

Abstract

Aviation law is the branch of law that concerns flight, air travel, and associated legal and business concerns. Some of its area of concern overlaps that of admiralty law and, in many cases, aviation law is considered a matter of international law due to the nature of air travel. However, the business aspects of airlines and their regulation also fall under aviation law. In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law. The ICAO is a specialized agency of the United Nations. In the United States and in most European nations, aviation law is considered a federal or state-level concern and is regulated at that level. In the U.S., states cannot govern aviation matters in most cases directly but look to Federal laws and case law for this function instead. For example, a court recently struck down New York's Passenger Bill of Rights law because regulation of aviation is traditionally a federal concern. Aviation law, however, is not in the United States held under the same Federal mandate of jurisdiction as admiralty law; that is, while the United States Constitution provides for the administration of admiralty,[1] it does not provide such for aviation law. States and municipalities do have some indirect regulation over aviation. For example, zoning laws can require an airport to be located away from residential areas, and airport usage can be restricted to certain times of day. State product-liabilitys law are not preempted by Federal law and in most cases, aviation manufacturers may be held strictly liable for defects in aviation products. Space law, which governs matters in outer space beyond the Earth's atmosphere, is a rather new area of law but one that already has its own journals and academic support. Much of space law is connected to aviation law.
GOOD CORPORATE GOVERNANCE PRINCIPLES IN THE MANAGEMENT OF LIMITED LIABILITY COMPANY henry aspan
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.v1i1.1637

Abstract

ABSTRACTCorporate governance (corporate governance) is a concept which still debatable among experts in describing it. The purpose of this study is to explore how the implementation and principle problems of good corporate governance in the management of current limited liability company. This research is kind of library research with normative juridical approach, the approach used was the concept of legit positivism which states that the law is identical to written norms established and enacted by authorized bodies or authorities. The result is known that Law Number 40 Year 2007 regarding Limited Liability Company does not explicitly regulate the implementation of Good Corporate Governance principles. The GCG principle setting is explicitly found only in the Regulation of the Minister of State-Owned Enterprises and Bank Indonesia Regulation, so it does not bind the limited liability company in general.
THE ROLES OF INVESTIGATOR IN IMPLEMENTING DIVERSION ON CHILDREN CRIMINAL ACTION Zakki Mubarok; Achmad Sulchan
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.v2i1.2992

Abstract

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.
PANCASILA AS A LEGAL SCIENCE PARADIGM Dini Amalia Fitri
International Journal of Law Reconstruction Vol 3, No 2 (2019): INTERNASIONAL JOURNAL OF LAW RECONSTRUCTION
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v3i2.8055

Abstract

The Pancasila legal paradigm is a legal category that is unique to Indonesia, but is universally objective. This jurisprudence is based on God Almighty. This jurisprudence is loaded with the values of Almighty God and other values in the frame of the value of Almighty God. The existence and existence of this legal knowledge for the people of Indonesia is a gift. To change the paradigm of higher education in the field of law, it must start by changing education fundamentally as a dynamic subject of the reality of people's lives so that understanding of law becomes holistic, visionary, and meaningful. One way to elevate Pancasila as the nation's identity and be known by the nations of the world, is by practicing the values contained in the five principles, by synergizing Pancasila values with the legal education curriculum in Indonesia, so that it will produce law graduates who live the values of Pancasila.
THE EFFECTIVENESS OF MAHKOTA WITNESSES (KROON GETUIDE) EVIDENCE ON NARCOTICS ABUSE Yasmirah Mandasari Saragih; Muhammad Ridwan Lubis
International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i1.15627

Abstract

The use of Mahkota witnesses in Indonesia is still a matter of debate today, both among practitioners and academics, because there is no legal certainty regarding the use of this Mahkota witness. The research method uses juridical normative, the results obtained state that the effectiveness of the presence of Mahkota witnesses is to complete the minimum requirements for evidence to prove someone guilty. Where in the case of narcotics abuse, the lack of evidence found can facilitate the judicial process, the Mahkota witness is used to complete the truth to be revealed or material truth. The Mahkota witness does not affect the severity or lightness of the crime, but its usefulness is as a matter of convincing about the defendant's guilt or whether or not a narcotics abuse is proven. The testimony of the Mahkota witness has the power of proof if it is declared valid as a witness, there is no objection from the defendant's legal adviser regarding the presence of the Mahkota witness and the statement is stated before the court which has been sworn in beforehand and the information given is in accordance with the testimony given by other witnesses or tools other evidence so as to prove the defendant's guilt.
POLITICAL CHANGING FOR PRIME MINISTER OF JAPAN Osamu Ryoichi
International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i1.15540

Abstract

The prime minister of Japan (日本国内閣総理大臣, Nihon-koku naikaku sōridaijin, or shushō (首相)) (informally referred to as the PMOJ) is head of the government of Japan, the chief executive of the National Cabinet and the commander-in-chief of the Armed Forces of Japan; he is appointed by the emperor of Japan after being designated by the National Diet and must enjoy the confidence of the House of Representatives to remain in office. He is the head of the Cabinet and appoints and dismisses the other ministers of state. The literal translation of the Japanese name for the office is Minister for the Comprehensive Administration of (or the Presidency over) the Cabinet. The current prime minister of Japan is Yoshihide Suga. On 14 September 2020, he was elected to the presidency of the governing Liberal Democratic Party (LDP). After being confirmed in the Diet, he received an invitation from Emperor Naruhito to form a government as the new prime minister, and took office on 16 September 2020.  Japan's parliament has elected Yoshihide Suga as the country's new prime minister, following the surprise resignation of Shinzo Abe. After winning the leadership of the governing party earlier this week, Wednesday's vote confirms the former chief cabinet secretary's new position. It happened because the needed of political interest for Japan.
THE IMPLEMENTATION OF DIPLOMATIC LEGAL PRINCIPLES: GERMAN EMBASSY STAFF VISITING ISLAMIC DEFENDERS FRONT (FPI) HEADQUARTERS CASE Fradhana Putra Disantara
International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i1.13636

Abstract

This legal research uses a conceptual approach and statue approach; by using primary and secondary legal materials. The purpose of this legal research is to describe the principles of diplomatic law and their application to the case of actions of German Embassy staff who have visited the headquarters of the Islamic Defenders Front (FPI). The results of this study indicate that diplomatic law is a system containing various principles of international law to regulate diplomatic relations between countries with universal approvement. Then, the development of diplomatic law is very progressive; marked by various conventions and codifications to create holistic norms. Furthermore, the actions of German Embassy staff visiting FPI headquarters cannot be justified by diplomatic law. This is because the potential acts of espionage by German Embassy staff also target the violation of the principle of non-intervention. Hence, on diplomatic law; violation of the principle of non-intervention creates persona non grata consequences.

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