Jurnal Ilmiah Hukum LEGALITY
Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international law, islamic law, criminal justice system, and the others field of law as a forum to develop the science of Law. JIHL published by University of Muhammadiyah Malang twice in a year every March and September.
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<![CDATA[PELAKSANAAN STANDARISASI PEMBERIAN PATEN DALAM INVENSI BIDANG OBAT-OBATAN DI INDONESIA ]]>
<![CDATA[Jaelani, Abdul Kadir]]>;
<![CDATA[Kurniawan, Alexander A.]]>;
<![CDATA[Indrastuti, Lusia]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10173
<![CDATA[This research is motivated by a patent given to Sanofi Pasteur, a French citizen who acts as a patent holder for Japanese encephalitis vaccine, measles, mumps, rubella using a pig enzyme in the form of trypsin as a catalyst in the process of making vaccines, whereas Article 9 letter a of Law Number 13 Year 2016 regarding Patents states that inventions that cannot be granted a Patent include processes or products that are announced, used or implemented in contravention of statutory regulations, religion, public order or decency. The purpose of this study is to analyze the standardization of the provision of patents in the field of medicine. This type of research is normative law. The data of this study are secondary data. Analysis of the data used is descriptive analytic. The research concludes that first, the background of the formation of the provisions of an invention that is considered to be contrary to religion in Indonesia as regulated in Article 9 letter a of the Law of the Republic of Indonesia Number 13 of 2016 is based on several justifications namely justification based on Article 27.2 and Article. 27.3 TRIPs Agreement and justification based on the translation of the Pancasila as the ideology of the Indonesian people, especially the Precepts of Godhead. Secondly, the provisions of an invention that is considered to be contrary to the religion of Islam in the field of medicines that contain illicit elements cannot be implemented because the provisions of Article 9 letter a of Law Number 13 Year 2016 are universal.]]>
<![CDATA[POLITIK HUKUM PENERAPAN OVERSEAS CITIZENSHIP OF INDIA (OCI) DALAM SISTEM KETATANEGARAAN INDONESIA ]]>
<![CDATA[Mahardika, Ahmad Gelora]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10158
<![CDATA[The idea of implementing a dual citizenship system in Indonesia which was initiated by the Indonesian Diaspora was directed towards imitating the Overseas Citizenship Of India (OCI)Â concept in India. The concept is considered a middle way between the demands of the Indian Diaspora and the reluctance of the Indian Government to amend the constitution regarding the principle of single citizenship. Indonesia also currently applies a single citizenship principle even though it is not regulated in the constitution. The idea of an Indonesian diaspora to emulate the OCI concept in India looks very rational, except that the problem is the extent to which the concept is applicable in the Indonesian constitutional system. What rules must be changed and which provisions must adjust. Implications of the application of OCI can be the same as dual citizenship, because the theory used is a residual theory where, apart from the prescribed restrictions, OCI card holders must be considered equal to Indonesian citizens. This concept has the potential to create legal complexity if there is a legal difference between Indonesia and other countries.]]>
<![CDATA[RECONSTRUCTION OF MARRIAGE ZONATION IN ISLAMIC LAW PERSPECTIVE ]]>
<![CDATA[Alam, Syariful]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10154
<![CDATA[Zoning, a limitation system that is so widely discussed today, focuses initially on the education system in Indonesia, namely on the problem of admission of new students which began in 2017. One of these policy settings is for children to be educated in areas close to residence. This system is often connected by the public with the search for a partner to get married. Based on normative Islamic law research, marriage in Islam does not provide specific restrictions regarding this zoning in finding a partner. However, this zoning can be implicit in the recommendations of marriage in Islam. Bringing up conflict that has become a topic of discussion in many media and communities, which in the end, can create a solution for couples who find it difficult to find a life partner as well as presenting internal conflicts that pertain to the realm of privacy, intersect with the right of humans to freely choose from and where their partners. Regardless of a marriage that leads to the coercion of one partner or coincidence of finding the right partner according to the zoning where the couple lives.]]>
<![CDATA[EXISTENCE AND POSITION OF ISLAMIC ECONOMIC LAWS IN INDONESIA ]]>
<![CDATA[Pratama, Angkat Poenta]]>;
<![CDATA[Disemadi, Hari Sutra]]>;
<![CDATA[Prananingtyas, Paramita]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10159
<![CDATA[The Islamic economy in Indonesia has the potential to continue to grow and has great benefits for the welfare of the economy. The Islamic economic system has also penetrated the real sector with the presence of several types of sharia businesses that include halal food and medicine, Islamic fashion, and even sharia tourism. This study aims to determine the existence and position of Islamic economic law in Indonesia. The research method used in this study is normative juridical. The existence of the Islamic economy is marked by the mushrooming of Islamic-based financial institutions, for example, Islamic Banking, and Islamic Non-Bank Financial Industry (IKNB). The position of Islamic economic law in the Indonesian legal system is no longer just because of historical demands and population because the majority are Muslim but the needs of the wider community. Sharia economic law is felt to be fair so that it can oversee the welfare of the people aspired by the Indonesian people.]]>
<![CDATA[RATIO LEGIS OF THE CONSTITUTIONAL COURT DECISION ABOUT IMPEACHMENT: IS IT FINAL AND BINDING? ]]>
<![CDATA[Ma'rifatulloh, Khamim Muhammad]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10155
<![CDATA[Arrangement of the final and binding legal force ‎the decisions of the Constitutional Court's impeachment not previously regulated in legislation. After PMK No 21 Year 21 Year 2009 paragraph (5) is issued, it also raises legal problems related to its material content. The formulation of the research problem is what ratio legislation Constitutional Court No. 21 of 2009 Article 19 Paragraph (5) About Impeachment. This research is a normative juridical approach with a statutory approach, a conceptual approach. The results of this study are to fill in the gaps or incomplete arrangements for the final nature and tie the decisions of the Constitutional Court's impeachment which were previously not in the legislation.]]>
<![CDATA[THE CRIMINAL LIABILITY OF ARTIFICIAL INTELLIGENCE: IS IT PLAUSIBLE TO HITHERTO INDONESIAN CRIMINAL SYSTEM? ]]>
<![CDATA[Rahman, Rofi Aulia]]>;
<![CDATA[Habibulah, Rizki]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10153
<![CDATA[The pace of technology evolution is very fast. The technology has brought us to the limitless world and becoming our ally in every daily life. The technology has created a visionary autonomous agent that could surpass human capability with little or without human intervention, called by Artificial Intelligence (AI). In the implementation of AI in every area that could be in industrial, health, agriculture, artist, etc. Consequently, AI can damage individual or congregation life that is protected by criminal law. In the current Indonesian criminal system, it just acknowledges natural person and legal person (recht persoon) as the subject of law that can be imposed by criminal sanction. Hitherto and near foreseeable future AI has a notable role in every aspect, which affects also criminal aspects due to the damage resulted. AI has no sufficient legal status to be explained in the Indonesian criminal system. In this paper, the author will assess whether the current criminal system of Indonesia can sue the criminal liability of artificial intelligence, and also will make it clear to whom the possibility of criminal liability of artificial intelligence shall be charged.]]>
<![CDATA[RESTORATIVE JUSTICE APPROACH IN THE SETTLEMENT OF CHILDREN’S CASES IN INDONESIA ]]>
<![CDATA[Sirait, Trinita Yulinda]]>;
<![CDATA[Cahyaningtyas, Irma]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10160
<![CDATA[Restorative justice is a way to resolve criminal cases involving the community, victims, and perpetrators of crime to achieve justice for all parties so that it is expected to create the same conditions as before the crime and prevent further crime. However, implementation is often overlooked in children who commit crimes. The research method used in this study is the normative legal research method with the legislation approach and conceptual approach. This research shows the case of children before the law (ABH) brought in the judicial process must always prioritize the principle of the best interests of children, and the process of punishment is a last resort. Cases can be resolved through informal mechanisms based on standard guidelines. This form of informal handling can be done by diversion through a mediation process facilitated by law enforcement at every level to achieve restorative justice through diversion. Thus, the core of restorative justice is healing, moral learning, community participation and attention, dialogue, forgiveness, responsibility and making changes, all of which are guidelines for the recovery process in the perspective of restorative justice.]]>
<![CDATA[IMPLICATIONS OF POLITICAL PARTY RECALL RIGHTS TOWARD DPRD MEMBERSHIP ]]>
<![CDATA[Rahman, Aulia]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10156
<![CDATA[The concept of recall hegemony to DPRD members to their roles as people's representatives who are representatives of political parties and constituents, can influence the work and performance of DPRD members. Recall rights by political parties can limit the political rights of council members, while shifting people's sovereignty to the sovereignty of political parties. recall procedures for members of the DPRD either through direct political parties or public complaints to the Council's Honorary Board remain through the mechanism of political party decisions. However, there is no legal legitimacy for DPRD members to make legal remedies against recall and guarantee of return of rights if it is proven that it does not fulfill the reason for recall.]]>
<![CDATA[OPTIMIZING RESTORATIVE JUSTICE PROGRAM FOR THE BEST INTEREST OF THE CHILDREN IN REFORMING JUVENILE JUSTICE SYSTEM IN UTAH ]]>
<![CDATA[Pratiwi, Cekli S]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10172
<![CDATA[This study examine first, to what extent the fully restorative justice system could be implemented in the Utah’s JJS and supported by the legislations so that the minor can enjoy a special protection while they still have the opportunity to participate actively with accountability in solving the problem without destroy their freedom and dignity and can bring more benefit to their best interest. Second, to what extent the right to legal counsel could help the minor to enjoy their constitutional rights as well as to seek a better solution of their problem. The research done by observing the review hearing, pre-trial, petition, trial at the Fourth Judicial District Courthouse Provo and the detention hearing at Slate Canyon Youth Center. The data is also collected from various secondary resources such as the Utah Statutes, the international and regional instruments. There is an opportunity for the JJS Utah county to shift from applying the partly to the fully RJP specially for truancy or misdemeanor cases and the right to access public defender should be automatically granted to the minors.]]>
<![CDATA[LEGAL REGULATION AUTHORITY TO GRANT PERMITS ON THE VENTURE CAPITAL COMPANY ]]>
<![CDATA[Indradewi, Anak Agung Sagung Ngurah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol 27, No 2 (2019): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/jihl.v27i2.10157
<![CDATA[The authority to grant permits to venture capital companies has a dualism of authority. The Financial Services Authority and the Ministry of Finance both have the authority to give licenses to venture capital companies. It can be seen that there are overlaps or conflicts of authority in this case institutional or legal institutions are authorized to give permission to venture capital companies. A norm of conflict over the authority of granting permission to venture capital companies, namely the Minister of Finance Regulation No. 18 / PMK.010 / 2012 concerning Venture Capital Companies (VCC) in Article 11 paragraph (1) VCCs are established in the form of limited liability companies or cooperatives, Article 12 paragraph (1) Legal entities as referred to Article 11 paragraph (1) the which carry out activities as VCC must first obtain a business permit from the Minister. Whereas the Financial Services Authority (FSA) Regulation No. 34 / POJK.05 / 2015 Concerning Business Licensing and Institutional Venture Capital Companies, in article 3 Paragraph (1) Every party conducting business activities for VCC or Sharia VCC must obtain a business license from the FSA. On the one hand the Ministry of Finance has the authority to issue a Venture Capital Company permit, but on the other hand the Financial Services Authority is also authorized to issue a Venture Capital Company permit. It is understandable that the position of state institutions and / or institutions of the Ministry of Finance with the Financial Services Authority is equal, in this case the same law was born, namely Law Number 39 of 2008 concerning the State Ministry and Law No. 21 of 2011 concerning Institutions Financial Services Authority.]]>
