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[Legal protection in restitution to the victims of human trafficking ]]>
<![CDATA[Giofanni Dian Novika]]>;
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Nur Rochaeti]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The modus operandi offered by traffickers makes victims often deceived by these enticements. This phenomenon is caused by various social factors such as poverty. Reality like this is what makes them easily trapped in the world of slavery. The research method used in this paper is normative juridical research, using the statutory approach and the conceptual approach. Research shows an increase in cases of human trafficking is a serious problem that requires a quick reaction in handling. Legal protection for victims can be specifically protected by restitution or compensation given to the victim or family by the perpetrator.]]>
<![CDATA[Sexual gratifcation in Indonesia's criminal law ]]>
<![CDATA[Wahida Azahrah]]>;
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Nyoman Serikat Putra Jaya]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The Corruption Crime Act has the term “gratification” as part of a criminal act of corruption. Gratuities are regulated in Article 12B (1) of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. But now a new type of gratification is emerging, sexual gratification. The research method used in this paper is normative research, which is the statutory approach, historical approach and the conceptual approach. Overall regarding sex gratification, there is still a lack of norms, which can be classified into acts of sexual gratification.]]>
<![CDATA[Legal politics of bureaucratic reform in really good governance according to prophetical law ]]>
<![CDATA[Nehru Asyikin]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[This research was conducted to analyse the political politics of bureaucratic reform. The politics of law in reforming government bureaucracy is actually useful for making improvements so that it becomes a public servant and realizing good governance. The problem with corruption, collusion and nepotism in the bureaucracy, is not because the legal umbrella in Indonesia is not strong but subjectively every state civil servant or civil servant does not yet have the full characteristics as in the prophetic concept. Through normative juridical research methods, this study tries to explore prophetic concepts to realize good governance. The results showed that it was hoped that this prophetic concept could become its future social ideals and as a guidebook for each ASN and PNS in its soul in carrying out its public service duties. Prophetic focuses on principles of behavior that originate from religious values. So that all executive, legislative and judicial branches can make moral ethics universally from the prophetic concept in providing services to the community in order to realize good governance]]>
<![CDATA[Analogy interpretation for renewal criminal justice in Indonesia ]]>
<![CDATA[Ulfa Anaria]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The order of criminal law in Indonesia until now uses thinking legal-positivism, where the law is considered limited to obeying what is in the text and its meaning which is still formal-textualist. The law must have an element of justice in deciding each case. Thought postivistic legal is considered contrary to the social conditions of society. The times have demanded the law to be adaptive, requiring renewal of criminal law and its implementation in the judiciary. The development of an increasingly sophisticated era raises many new problems in society. This study intends to criticize the prohibition of analogies that are considered to be contrary to the principle of legality. Through normative research methods, researchers try to decipher qualitatively by looking at the theoretical basis of the formulation of the problem made regarding the opinions of experts related to the use of legal analogies. Meanwhile, through a descriptive approach, researchers try to describe the social situation of the people at the time of the prohibition of analogies or the cause of the emergence of the principle of legality with this modern era. The results of this study indicate that a judge is allowed to use analytical interpretation in deciding new cases.]]>
<![CDATA[The enforcement of restorative justice in Indonesia criminal law ]]>
<![CDATA[Virginia Garcia]]>;
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Barda Nawawi Arief]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Restorative Justice is a philosophy, process, ideas, theories and interventions that emphasize the improvement of the harm caused or expressed by criminal behavior. This process is in sharp contrast to the standard way of handling crime as is commonly carried out in criminal law in Indonesia. Restorative justice finds a foothold in the basic philosophy of the fourth principle of Pancasila, namely deliberation on priorities in decision making. The purpose of the settlement by mediating victims of violators is to humanize the justice system, justice that is able to answer what the real needs of victims, perpetrators and the community.]]>
<![CDATA[Reform of corporate criminal liability arrangements in Indonesia and types of sanctions that can be implemented ]]>
<![CDATA[Rya Elita Br Sembiring]]>;
<![CDATA[Pujiyono Pujiyono]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Individuals who commit criminal acts will receive criminal sanctions for them. However, criminal sanctions for corporations that commit criminal acts are not regulated in the Criminal Code. This research uses normative legal research methods. This study aims to examine the criminal liability arrangements by corporations as well as what sanctions can be applied. In Indonesia, criminal liability by corporations has been regulated in several statutory regulations that are outside the Criminal Code. Sanctions that can be applied to corporations include basic crimes such as criminal fines, additional crimes, and corporate confiscation.]]>
<![CDATA[Product standardization through SNI as a form of consumer protection in Indonesia ]]>
<![CDATA[Valensia Valensia]]>;
<![CDATA[Tulus Sartono]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Business relationships formed between consumers and business actors allow disputes to arise as a result of damage or defects and losses. This research will examine issues regarding the regulation of consumer legal protection of SNI compulsory products in Indonesia. The research method used is a normative legal research method. This research shows that legal protection for consumers can be created by the existence of regulations related to SNI obligations. Some arrangements that provide preventive protection to the interests of consumers, include Law No. 20 of 2014 concerning Standardization and Conformity Assessment and Law No. 8 of 1999 concerning Consumer Protection as an effort to protect the law for consumers. The law also protects consumers after an event has occurred against violations committed by business actors with acts of civil lawsuits, criminal suits, lawsuits using the Consumer Protection Act, as well as the imposition of sanctions on business actors.]]>
<![CDATA[Legal politics of blasphemy in religion in Rudolf Stammler's perspective ]]>
<![CDATA[Miftahus Sholehudin]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The conflict based on religion is a very sensitive issue in various countries of the world. Indonesia as a godly state as contained in the state philosophy of the first precepts Pancasila has also given birth to special regulations in dealing with the defamation problem contained in Law No. 1 PNPS 1965. Using a historical approach, this legal research uses a type of normative legal research. Rudolf Stamler's theory, which became the knife of analysis in this study, showed that the blasphemy law was formed with a repressive pattern in which the state with its power to make laws and regulations forced both politically and legally. However, the presence of repressive law is the most appropriate solution when viewed from the historical record of the conflict in Indonesia which is motivated by the issue of religion. So that under the ideals of the law, the accuracy of the legislation at that time should be adjusted to the conditions of the nation to create a law that is responsive and fair]]>
<![CDATA[Comparative study of legal protection for migrant workers in participation of social security programs in Indonesia and Singapore ]]>
<![CDATA[Nur Putri Hidayah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Social security is one of the basic rights of workers both local and migrant workers as stated on Art. 25 Universal Declaration of Human Rights. The enactment of single markets and production based in the era of ASEAN Economic Community inevitably brings migrant workers particularly in Indonesia and Singapore. This must be in line with a proper legal instruments to protect migrant workers’ rights in a social security participation. This study aims to compare on how Indonesia and Singapore provide legal protection to migrant workers in the social security participation and what social security programs that can be followed in both countries. The research method used is a normative research method with a statute approach. The result of the study shows that Indonesia has provided protection for migrant workers the same way as local workers as stated on Art. 22 Universal Declaration of Human Rights, whereas Singapore only provides the social security to local workers. Migrant workers get the protection through other ways, namely insurance and bilateral/multilateral agreements. For the social security programs followed by migrant workers, both Indonesia and Singapore do not provide the programs related to what has been regulated on Art. 25 Universal Declaration of Human Rights.]]>
<![CDATA[Legal review of selling land of inheritence without approval of all heirs ]]>
<![CDATA[Fakhrizal Arief Firmansa]]>;
<![CDATA[Isdian Anggraeny]]>;
<![CDATA[Yelita Putri Pramithasari]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 1 (2020): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The land is one of the most valuable items because it is a source of life and livelihood for humans. The land has economic value and spiritual value for the owner. However, as the community's need for land increases, so does the legal problem in acquiring land. Everyone will disagree with one another in defending their land rights. One of them is ownership disputes that occur in inherited land which are the object of the transfer of land rights to other parties, for example through buying and selling. There are several phenomena of legal problems due to the sale and purchase of inherited land which is carried out unilaterally by one of the heirs and / or several heirs. Therefore, in this paper, we will discuss some problem formulations, namely: (1) What is the position of the sale and purchase of land over inherited land without the consent of all heirs? (2) What are the legal consequences of buying and selling land on inherited land without the consent of all heirs? Through normative juridical study, the following results are obtained. First, the legal act of buying and selling inherited land without the consent of all heirs is an illegal act before the law. Secondly, the legal consequences of buying and selling land on inherited land without the approval of all heirs are null and void.]]>
