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INDONESIA
The 2nd Proceeding Indonesia Clean of Corruption in 2020"
Published by Universitas Islam Sultan Agung
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Core Subject : Education,
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Articles 97 Documents
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The Netherlands in global corruption Siti Malikah Marlou Feer
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The Netherlands in global corruption
THE REFLECTION OF ISLAMIC BANKING IN THEORY AND PRACTICE Anis Mashdurohatun
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This study aims to identify the struggle of Islamic Banking in theory and practice, analyzes the factors that affect the implementation of Islamic banking as well as the reformulation of Islamic banking in the future. This study used sociological juridical approach, and the data used were primary and secondary data, these data were then analyzed by using descriptive analytical. The results showed that Islamic banking has an important principles la riba, la misyir, la gharar, la Dzulm and la haram within the framework of basic fairness, balance and well-being, but in practice there are still aberrations on Islamic principles. Some factors affect the strength of the capitalist system are human resources and culture of capitalism in banking practices and lack of oversight and enforcement. Islamic banking solution in the foreseeable future need to be strengthen the Islamic banking system, Human Resources who are experts in sharia and revitalizing the Islamic principles of independent, separate from the frame ta'awun capitalist system, improve internal and external monitoring and enforce the principle of sharia (kafah) in whole, consistent (Istiqomah) and giving sanctions as tarbiyah. Keywords: Reflection, Islamic banking, theory and practice.
POTENTIAL CORRUPTION IN THE VALIDATION POLICIES ON ACQUISITION TAX OF LAND AND OR BUILDING Lilik Warsito
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The Unitary Republic of Indonesia is a constitutional state based on Pancasila and the Constitution of the Republic of Indonesia in 1945 which aims to realize the livelihood of a nation that is safe, orderly, prosperous, and equitable. In the development of law in Indonesia underwent major changes, fast, and complex. The shift of power centralized to decentralized cause behavioral changes bureaucracy policies both at the central and regional changes from the old paradigm to the new paradigm, sometimes causing the rule of law drowned because of power, which can lead to policies that do not favor of the people. Each power always contains the potential for misuse or arbitrarily implemented, or implemented by exceeding authority. This can happen because of the power contains rights and authority, and the right and authority that makes a higher position.
RECONSTRUCTION OF THE DAILY PAID WORK AGREEMENT IN THE EMPLOYMENT LAW BASED ON JUSTICE Christina N M Tobing; Eman Suparman; Jelly Leviza
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The directions of the establishment of Employment Law Indonesia in the era of globalization is influenced by the tendency of the existing market, labor relations aimed to the flexible work system, the indication is the legalization of the system of labor contracts / specified time work agreements (CTWA), outsourcing and daily paid workers agreement (DPWA), nevertheless in practice the flexibility of labor is still being debated in Indonesia (Agusmidah, 2011 : 359). The core existance of the flexible labor market is an attempt to change the rigid of the labor market to be more flexible and better suited to the climate of competition in the global economy that is increasingly liberal, therefore the various regulations that burden the business, deter the investment, employment and economic growth, should be abolished (Hari Nugroho and Indrasasi Tjandrasingsih, 2007 : 4). The Indonesian state concept in national development is the Welfare State, the state must realize the social welfare and also must provide protection for all citizens as a social defense. Welfare means an expectation of an objective condition where the needs for the material, spiritual, social and citizens has been fulfilled, so that they wil have decent live and able to develop themselves, be able to perform their social function as human beings as the goal to be achieved (Enam Suparman, 2015 : 3). In the specific areas of employment, welfare expentancy is formulated in the Constitution of Article 27 paragraph (2) Constitution NRI 1945, namely: "Every citizen has the right to work and a decent living for humanity" and Article 28 D (2) Constitution NRI 1945 namely : "Everyone has the right to work and to receive remuneration and fair handling and proper treatment in the employment relationship" (Eman Suparman, 2015 : 4). The form of the legal certainty is through the establishment of legislation in the field of employment that today is Law No. 13 of 2003 on Manpower. Based on the considerations of Law No. 13 In 2003, the value of the labor laws are: first, the formulation of labor law should provide protection to workers / laborers and their families in accordance with human dignity and values; second, employment law is also pay attention to the improvement of the business world. The second value must be balanced so that justice is reflected in the substance and implementation of the labor law. However the fact is that these two values are not in accordance with the aspired. This study focused on DPWA as one of the phenomena of labor flexibility, especially in the plantation sector. Palm Wacht research results, the current plantation sector employs 10.4 million workers and as many as 70% of them are workers non- guarantees job that are Freelance Workers, Labor Wholesale, Contract Labor and outsourcing ( Sawit Watch, Pers release,May 12th 2015.)  DPWA is not regulated in Law No. 13 of 2003 but included in the Ministry of Manpower and Transmigration Decree No. Kep.100 / Men / VI / 2004 on the Implementation of the Provisions CTWA. Previously there has been Regulations of the Ministry of Manpower  No. Per-06 / Men / 1985 on the Protection of Workers' Day off, in which among other provisions concerning the employer's obligation to provide the labor social security and threats penalties against violations of several articles. The regulation has been declared invalid by the Ministry of Manpower and Transmigration Decree No. : Kep.100 / Men / VI / 2004 which abolished these provisions. Ministry of Manpower and Transmigration Decree No. Kep.100 / Men / VI / 2004 solely put in 3 (three) articles about DPWA, namely Article 10 to Article 12. This provision is DPWA very flexible and does not clear to the type of work, giving rise to multiple interpretations in implementation, there is no decent wage setting, no social security employment which are the fundamental right of workers. This indicates there are discrepancy between the value of labor law with the substance of the law and its implementation, so as to give rise to injustice.  Based on the description above, it is very urgent and actual to investigate more deeply how the working relationship that is based on DPWA should be built in Employment Law so as to realize the value of labor law with the title reseach : "Reconstruction of The Daily Paid Work Agreement in the Employment Law Based on Justice”
IDEAL RECONSTRUCTION OF REHABILITATION PUNISHMENT FOR NARCOTICS ADDICTS AND ABUSER'S VICTIMS JUSTIFIED BASED ON THE LAW OF THE REPUBLIC OF INDONESIA NO. 35 YEAR 2009(CASE STUDY IN SUMATERA UTARA PROVINCE) Ahmad Zaini; Gunarto Gunarto; Darwinsyah Minin
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The Law of The Republic of Indonesia No. 35 year 2009 article 54 states that every drug addicts and abusers’ victims shall undergo medical rehabilitation and social rehabilitation, affirmed on article 103 that explains the Judge who examines the case of narcotics addicts, may decide to order the concerned to undergo treatment and/or treatment through rehabilitation, if the narcotics addict are proven guilty of a crime of narcotics, or set out to order the concerned to undergo treatment and/or treatment through rehabilitation, if the Narcotics Addict is not found guilty of a crime of Narcotics. For the Law of The Republic of Indonesia No. 35 year 2009 above to be done, a Joint Regulation between 7 (seven) Ministries/Institutions about The Handling of Narcotics Addicts and Abuser’s Victims into Rehabilitation Institutions was made in order to create an equation of perception about the punishment that should be dropped for narcotics addicts and abuser’s victims defendants is for them to be punished or set in to rehabilitation. However, in Sumatera Utara Province the narcotics addicts and abusers victims defendants are obviously set to be imprisoned for 2 – 4 years long, or even more. In other words, the rehabilitation penalty is still so far from expectation compared to imprisonment. The purpose of this script is to acknowledge the obstacles and interferences that cause the Judge to set the narcotics addicts and abuser’s victims defendants into imprisonment more than to order and/or set them out to undergo rehabilitation treatment. It is also to look further to the investigation process by the investigator, continued by the prosecution by the Prosecutor, up until the Judge’s judgement and its implementation in correctional facilities or rehabilitation institutions. Furthermore, the ideal reconstruction that should be done in order to the Law of The Republic of Indonesia No. 35 year 2009 about the narcotics addicts and abuser’s victims to be effectively functionate, where the punishment of the narcotics addicts and abuser’s victims is to be judged or set out to undergo treatment through rehabilitation. The theories used in this research are 1) Grand theory, which is The Theory of Justice, 2) Middle theory, which consists of Theory of Protection and Theory of the Work of Law, 3) Applied Theory, which includes The Theory of The Purpose of Law and The Theory of Progressive Law. The Law of The Republic of Indonesia No. 35 year 2009 is based on justice, therefore it needs some reconstruction on the article 127 so that it would not create any doubt in the action because it is considered to develop ambiguous interpretation due to its indecisiveness that leads it to be the last article of the law in judging the narcotics addicts and abuser’s victims defendants position. The reconstruction of The Law of The Republic of Indonesia No. 35 year 2009 article 127 is expected to deprive the interpretation dualism of the narcotics addicts and abuser’s victims defendants.Keywords : Rekonstruction, Rehabilitation Punishment, Narcotics Addicts and Abuser’s Victims.
POLYGAMIC POLICY IN INDONESIA (Analysis of Polygamic Arrangements and Practices 1959-2015) Warman Warman; Gunarto Gunarto; Akhmad Khisni
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In essence, marriage is a sense of love, obligation, the fulfillment of sexual desire and resuming the descent. In Islam, a sense of love is the first pillar of a marriage. One principle of marriage is monogamy principle, where a man can have only one wife and vice versa (in time). Monogamy principle here is open or not absolute. These properties are not absolute monogamy principle set forth in article 2, paragraph 2, 4 and 5 of paragraph (1) of Law No. 1 of 1974 concerning marriage and regulated in article 55, paragraph 56 (1), 57 Compilation of Islamic Law; in fact, regulated, also in the Koran, that Q.S. An-Nissa paragraph 3. The term of polygamy itself is a term that is often present in everyday life. The term polygamy has a close relationship with marriage, both in new families and families who have been doing weddings Formulation of the problems discussed in this dissertation as follows: 1) How does the construction of polygamy laws and procedures set out in the legislation in Indonesia since the year 1959 to 2015? 2) How does the practice of polygamy since 1959-2015? 3) How is the reconstruction of polygamy ideal setting in the future? The method used in this research is using socio legal reserch method or can be called a sociological juridical approach. Constructivism paradigm is the paradigm of a social reality where truth is seen as socially constructed, and the truth of a social reality is relative. The results of this study were 1) the provisions laid down concerning the setting of polygamy in Indonesia as the basis of the implementation of polygamous marriage contained in the Act No. 1 Year 1974 on Marriage, KHI and government regulation No. 9 of 1975 concerning the Implementing Regulations of Law No. 1 Year 1974 on Marriage, then it is very optimistic and believes that the prospect of polygamy is getting better, and opens the possibility of polygamy for highly skilled and have a sincere intention for happiness and prosperity. 2) The debate is getting better when the draft law on marriage proposed to become law. Finally, after a long debate, monogamous finally set to be one of the principles but with an exception for people who are under the law and allowed to take more of a religion. 3) The doctrine of polygamy after the entry of the Prophet Muhammad and Islam became more orderly and has provisions in its implementation. A husband and wife have a maximum of only limited amounts to four people with the terms and conditions when it is able to be fair and able to provide maintenance to his wives. If a husband is not able to be fair and not be able to give birth to a living wives then it is better for a man married is only one person. Keywords: Polygamy, Polygamy Rules, Practice Polygamy in Indonesia
DIVERSION IN COURT (Case Studies in Karanganyar District Court) Anita Zulfiani
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Children are the future generation. But in society, children can make mistakes and errors, and sometimes those errors can be categorized as a criminal offense, thus making a Children in conflict with the law. Child in conflict with the law should undergo the legal process.  But children have different psychological maturity from adults, so Children should not be treated the same as adults when they in conflict with the law. Concern for children as one of human resources, which is a potential successor to the nation's future, bringing awareness that children need special attention when dealing with the law. It encourages the establishment of rules on the treatment of children who commit criminal acts and must deal with the law. Regulations on handling children who commit criminal acts is Act No. 3 of 1997 on Juvenile Court. This rule is considered not giving enough protection to the child in conflict with the law, then Act Number 11 of 2012 on Juvenile Justice System enforced. In these rules there is a relatively new thing, the rules regarding Diversion. Diversion procedure resembles mediation, conducted before the trial phase in the Court. If the diversion succeed,  the case will be terminated and did not proceed to trial. Diversion process aimed at realizing the restorative justice, where all the parties involved (victims, children, and the community) and jointly to solve the problems and create an obligation to make things better in seeking solutions to repair, reconciliation and reassurance, which not by retaliation1. To achieve the restorative justice on the Juvenile Justice System, it is necessary to succeed the diversion process, at the level of investigation, prosecution, and examination in the courts, for the child in conflict with the law. Therefore, the author will attempt to find the answer of the questions: What is diversion? Why diversion should be pursued? How to succeed the diversion process? So that at the end of this writing, we can find conclusion about the things that can support the success of the diversion process.
CORRUPTION POTENCIES IN LAND USE POLICY (A Case Study in Kuningan Regency) Haris Budiman; Eman Suparman; Anis Mashdurohatun
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The occurrence of land use at a policy area in the field of land use causes some law problems. It relates to the licensing mechanism that has not been optimal yet. As the result of the policy is that society suffers loss due to inconsistent policy. The problems of this research are how the implementation of a policy in the field of land use is, what factors are causing the policy that led to the change of land use, and whether or not a policy that harms society can be classified in to a corruption act. This research is normative legal research and the approach used is qualitative.The potency of corruption can occur when there are the growth and development actions especially relating to the economy that has been running fast, and cause various changes. Local government’s policy in the field of land use by giving loose and ease in licensing is an activity which potentially causes corruption. Keywords : policy, land use, corruption potency
THE EFFORTS OF ERADICATION OF CORRUPTION THROUGH INSTRUMENTS OF MONEY LAUDERING LAW AND RETURN ACTORS’ ASSETS Yasmirah Mandasari Saragih
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In the period up to 2015 human rights crimes have evolved into the deprivation of economic rights and social property of the people through political corruption that spreads endemically. Despite the human rights was guaranteed in the 1945 amendments and various other legal devices yet our country has ratified many international conventions on human rights, but human rights violations in a variety of shades and variations remains widespread. This proves that guarantees of protection of human rights in writing still needs to be guarded by the implementation of all national components, especially public institutions such as the media, NGOs, organizations and universities. Refund of state financial in consequence of corruption is an effort to reform and build legal institutions to prevent and combat corruption in international, regional and national levels. Asset recovery efforts must be made by the Indonesian government, because: regarding to the data losses to the state, Indonesia is considered as the country victims of corruption; The corrupted funds are funds that should be devoted in order to improve the prosperity and welfare; Funds taken by the corruptors must be returned as one of the sources of funding in the creation of public welfare; an effort of refund as a preventative measure to potential offenders. Keywords: Corruption, Money Laundering, Asset Refund.
THE RECONSTRUCTION OFMADLIYAH AND IDDAH MAINTENANCE AND MUT'AH IN DIVORCE CASEFOR JUSTICE AND WELFARE Mustar Mustar; Gunarto Gunarto; Akhmad Khisni
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In 2015, divorce cases reached 457.493 (85,65%) out of 534.164 cases throughout Indonesia, 321.487(60,18%) cases were dominated by contested divorce cases.1 The most dominant factor of divorce in contested divorce cases is no liability (negligence) of husbands to wives, with the implication that wives' rights during marriage and after divorce are abandoned such as madliyah and iddah maintenance and mut'ah which are husbands' duty. Wives that sued husbands are categorized as nusyuz therefore the reception of madliyah and iddah maintenance is deprived, on the other hand, the reasons of divorce are dominated by the abandonment of wives, thus the definition of nusyuz needs to be reexamined, such as the abandonment of wives by husbands (unjust) is categorized as nusyuz or not. Texts or legal norms in the Compilation of Islamic Law only regulates wives' rights of post-divorce (iddah maintenance and mut'ah) ifthedivorce are at husbands' will or talaq divorce byjudges'ex officio (Article 41 letter c of Law No. 1 of 1974), or by counterclaim from wives for madliyah and iddah maintenance and mut'ah on a condition that wives are not nusyuz. The texts or legal norms in KHI for wives who filed for contested divorce are considered nushuz, thereforethey are deprived of their rights on, the latter is caused by no texts in the Compilation of Islamic Law that regulate it so that the contestants either through law power (advocates) as well as personal did not demandformadliyah and iddahmaintenancein their posita or their petition.

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