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[Opportunities and challenges for the Badan Pertanahan Nasional (BPN) in handling land cases in the new normal era ]]>
<![CDATA[Rahmat Ramadhani]]>;
<![CDATA[Ummi Salamah Lubis]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.14042
<![CDATA[During the Covid-19 pandemic and the new normal era, it became a separate challenge in resolving land cases by the National Land Agency (BPN). This condition is an opportunity as well as a challenge for the Ministry of ATR/BPN in carrying out its duties as an authorized official in its field. This writing uses legal research methods according to normative law. This type of research used in this writing is library research. Based on the results of the research, it is known that the settlement of land cases by the BPN is currently carried out based on Regulation Number 11 of 2016 as an effort to guarantee legal certainty and justice related to control, ownership, and use of land. One of the steps taken was mediation to reach an agreement, a peace agreement based on current events made mediation mandatory for the parties. That the opportunities and challenges for the BPNin resolving land disputes in accordance with the objectives of the new standard will be changed by the BPN. For this reason, it is necessary to conduct an assessment of opportunities and challenges for them. The Ministry of ATR/ BPN in solving and handling land cases in the new normal era like now.]]>
<![CDATA[Juridical analysis of policy concerning oil palm estate management in Indonesia ]]>
<![CDATA[Prischa Listiningrum]]>;
<![CDATA[Rizqi Bachtiar]]>;
<![CDATA[Dararida Fandra Mahira]]>;
<![CDATA[Rumi Suwardiyati]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.14376
<![CDATA[The development of the palm oil industry (CPO) in Indonesia is often confronted by challenges coming from the international community, one of which is the rejection of Indonesian CPO exports declared by the European Union on the grounds of deforestation and land clearing, specifically forest burning, that are aimed to convert the forest areas to oil palm estates. In an attempt to clean such a bad name in palm oil industries in the world and to avert the label ‘unsustainable’ given by European Union, President Joko Widodo issued Presidential Instruction Number 8/2018. However, the implementation of the Presidential Instruction is not without hurdles like the absence of specific guidelines to help to implement the policy at the regional level and the lack of opportunities to involve civilians to guard this policy. Juridical analysis of the policy aimed to improve palm oil management and to hamper deforestation is, thus, required. With the normative-juridical method, this research is aimed to recommend the government to grow the potential of CPO-based biofuel in Indonesia and the application of a one-map policy over the potential of oil palm estates to allow the implementation of transparency principle in the structure of good governance. All these recommendations are mainly aimed to give more opportunities to the members of the public to have meaningful participation as well as sustainable and enviro-friendly in improving the management of palm oil cultivation.]]>
<![CDATA[Certification of fisheries human rights and its impact to protecting the rights of fishing vessel crew ]]>
<![CDATA[Muhammad Nur]]>;
<![CDATA[M. Hajir Susanto]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.14652
<![CDATA[The crew of fishing vessels is human beings, the absolute owners of human rights that have been universally recognized. To anticipate and overcome many human rights violations in the Indonesian seas, the Government, through the Ministry of Marine Affairs and Fisheries issued a Regulation of the Minister of Marine Affairs and Fisheries Number 35 of 2015 concerning Fisheries Human Rights Systems and Certification. This research further describes how the provisions of the fisheries' human rights certification and analyzes their impact on protecting human rights for fishing vessel crews in Indonesia. The author uses a normative juridical research method by examining library materials or other secondary materials. The data collection method used is a literature study. The tools used are documents in the form of primary, secondary, and non-legal legal materials. The data obtained were analyzed qualitatively and then presented descriptively. This study found that there are various forms of human rights violations against fishing boat crews. Ministry of Marine Affairs and Fisheries then enforces regulation to prevent human rights violations by business actors against fishing vessel crews. There are several weaknesses in regulations and implementations, namely weaknesses in wage system arrangements, limited regulatory targets, the involvement of workers and employers' representatives in the fisheries human rights team that is not clear, weaknesses of the coordinating system for fisheries human rights teams with supervisors employment, weaknesses of fisheries human rights assessment institutions, weaknesses of socialization for employers and workers. The author suggests that it is necessary to strengthen the coordination and cooperation system between ministries in implementing Fisheries Human Rights Regulations. It also needs to improve communication and dissemination of policies and regulations to stakeholders.]]>
<![CDATA[Religious tolerance in multifaith democracies: a comparative legal study of Indonesia and India ]]>
<![CDATA[David Pradhan]]>;
<![CDATA[Haris Haris]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.14694
<![CDATA[This exploratory research Article, based on secondary sources, undertakes a comparative legal study of the Constitutional and statutory provisions as well as recent jurisprudential developments in India and Indonesia for the promotion of religious tolerance in the two diverse, multifaith democracies with a history of social conflict and highly contested religious politics. By adopting the functional method for the comparative legal analysis of the two jurisdictions from Civil Law (Indonesia) and Common Law (India) traditions, the implemental convergence and functional equivalence of the penal laws for preventing communalism and promoting inclusivity and religious amity among the different religious communities in the two States has been elucidated. At the same time, the conceptual and doctrinal differences in jurisprudential understanding of the content, extent, and mechanism for preserving inter-faith amity in the two jurisdictions have been posited to be the result of the divergences in the post-colonial historical trajectories of the two States]]>
<![CDATA[Criticisms toward the job creation bill and ethical reconstruction of legislators based on prophetic values ]]>
<![CDATA[Ilham Dwi Rafiqi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.14991
<![CDATA[Post the issuance of Law Number 11 of 2020 concerning Job Creation, the public paid more attention by continuing to protest and criticize. This response occurred due to various legislative deviations noticed during the legislative process of the Job Creation Bill by not adhering to the principles and procedures for the formation of laws and regulations. The main cause for this deviation is due to the ethics of the legislators who are not thoroughly compliant and obedient toward the statutory regulations and social ethics. Legislators’ understanding of law and life tends to be influenced by materialistic-positivistic views that bring forth consumptive, hedonistic, and secular demeanors and behaviors. On this basis, this paper tries to criticize and reconstruct the legislators’ ethics in law-making. This study is using a normative juridical method and is supported by a philosophical approach. The outcomes of this research show that the process in the making of the Job Creation Bill tends to override the principle of transparency and public participation with a closed and hasty pattern so that it is a complete ulterior hasty agenda that prioritizes the concept of regulating and monitoring only (top-down). A work ethic based on prophetic values that are supported by the ground principles of a prophetic paradigm that includes humanization, liberation, and transcendence into a new form of construction to be able to create a better and just legislative process.]]>
<![CDATA[Implementation of principle for responsible investment in distribution of bank credits on infrastructure projects ]]>
<![CDATA[Nadia Andika]]>;
<![CDATA[Lastuti Abubakar]]>;
<![CDATA[Tri Handayani]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.15063
<![CDATA[This research aims to discuss a large amount of credit lending is in line with the potential risk to the environment which is also caused by Toll Road construction activities. Therefore, Banks, Development, and the environment cannot be separated from one to another mainly because the Bank is responsible for taking preventive steps, other than implementing the substance of 5C principles, Bank is also obliged to implement several principles mentioned in POJK 51/2017, one of which is Principle for Responsible Investment. However, there are still no standards for the implementation of these principles or any strict penalties for Banks that are not applying the principle. This creates legal uncertainty, as it causes a potential risk that the Bank indirectly has not any obligation to implement it, yet only as a form of recommendation, whereas on the other hand, infrastructure development still damages the environment as it happened at the construction of Trans Sumatra Toll Road. In contrast to what Indonesia has done, Australia uses a variety of strategies to implement the Principle for Responsible Investment. In line with this issue, this research is using the normative legal research method where it is expected to provide different perspectives that will be useful for maximizing the realization of the Principles for Responsible Investment as part of Sustainable Finance in credit lending practices for Infrastructure development projects. Thus, it aims to make more detailed legal reforms, primarily regarding the standardization and sanctions of Principles for Responsible Investment including its derivative regulations hence that a sustainable environment will be realized.]]>
<![CDATA[The shared fish stocks conservation: revisiting the unconnected enforcement ]]>
<![CDATA[Rachma Indriyani]]>;
<![CDATA[Asmar Binti Abdul Rahim]]>;
<![CDATA[Ruzita Binti Azmi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.15071
<![CDATA[“There is plenty of other fish in the sea," goes the old cliché as many stocks have been overfished by industrial fisheries, that the over-activity made some fish species in danger. The scope of this paper covers the enforcement issue of Southern Bluefin Tuna (SBT) as endangered fish species. Taking Indonesia, New Zealand, and Australia as member States who catch SBT, this paper is a conceptual study using content analysis aiming to review how these three-member States officially treat SBT stocks. Based on the discussion, it found that since the shared characteristic of SBT, in areas beyond national jurisdiction it might create regulatory gaps. While international provisions have been entered into force in respect of endangered fish stocks in high seas areas, however, a lacuna remained in which the law cannot reach the national fishing area. This situation may lead to a discrepancy framework at the national level. Therefore, this paper argues that connectivity is crucial to link enforcement among relevant States with the real interest. In this context, the enforcement must consider the movement path of SBT from a coastal State (the spawning ground), the flag State (the fishing vessel), and the Port State (the place to land SBT).]]>
<![CDATA[Correctional protege mentorship as an effort of resocialization in class II special correctional institution for children of Kendari ]]>
<![CDATA[Arifai Arifai]]>;
<![CDATA[Zainuddin Zainuddin]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.15101
<![CDATA[Mentorship for correctional proteges is basically an effort to re-socialize proteges when they return to society. The research constructs how the implementation of the correctional protege mentorship system so that correctional protege can be well received by the community. This research is empirical and is descriptive. The research finding shows that the mentoring carried out by LPKA Class II Kendari is personality mentorship which includes religious mentoring in the form of congregational prayer guidance, religious lecture (kultum), and reading and writing of the Koran. Mentoring legal awareness in the form of legal education. Skills mentorship in the form of making hydroponics, making chairs from aqua bottles and trash, and making handicrafts such as ashtrays and bracelets. The implementation of mentorship at LPKA Class II of Kendari has not been optimally carried out. This will have an adverse impact on correctional protege when they reintegrate with communities that are still giving them a negative stigma.]]>
<![CDATA[Social aid of Covid-19 corruption: strategy and mitigation policy of Muhammadiyah East Java ]]>
<![CDATA[Satria Unggul Wicaksana Prakasa]]>;
<![CDATA[Achmad Hariri]]>;
<![CDATA[Ida Nuriyah]]>;
<![CDATA[Asis Asis]]>;
<![CDATA[Idrus Salam]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.15127
<![CDATA[This research underlines several problems related to the potential for corruption in social assistance (Bansos) provided by the Government through the allocation of the State Budget (APBN) and/or Regional Budget (APBD) to mitigate the economic impact and welfare of the community amid the Covid-19 pandemic. This research was intended to understand the role of Muhammadiyah as a civil society entity for the pattern of guarding the distribution of social assistance throughout East Java Province. The research approach used Participatory Action Research (PAR) and used socio-legal approach, which is an approach to control corruption based on community solidarity. The data collection was interviewed, FGD, and dissemination conducted online. Conclusions for this research are: (1). Corruption of the Covid-19 Social Assistance Agency is a serious threat and is detrimental to the Indonesian people who were severely affected by the pandemic, even though the Corruption Act has provided a serious threat to perpetrators of corruption committed during a disaster, with a maximum penalty of death; (2). The KPK-RI as the lead sector for corruption eradication in Indonesia can collaborate with various community groups on the agenda of eradicating corruption in Indonesia, especially the corruption of COVID-19 social Aid, through access to community-based reporting, and; (3). Participatory Action Research carried out by Muhammadiyah East Java residents is an effective step and a good example of how social entities are able to mitigate the potential for social assistance corruption of COVID-19 which is carried out both with a structural to cultural approach.]]>
<![CDATA[The adversity on establishing places of worship: has religious freedom failed in Indonesia? ]]>
<![CDATA[Ridwan Arifin]]>;
<![CDATA[Hanif Helmi]]>;
<![CDATA[Ngaboawaji Daniel Nte]]>;
<![CDATA[Waspiah Waspiah]]>;
<![CDATA[Dian Latifiani]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 1 (2021): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i1.15317
<![CDATA[Religious freedom has various interpretations in practice, although the rule of law regulates this right. In many cases, freedom of religion is closely related to human rights and security studies, however, not infrequently, the cases intersect with political policies. This paper aims to analyze various cases regarding religious freedom in Indonesia concerning human rights. This paper examines various phenomena related to difficulties and establishing places of worship, especially for certain groups in Indonesia in various policies and legal regulations in Indonesia. The method used for this research is non-empirical research. All data dan information analyzed come up from various previous research. This paper found and underlined that debates on the relativity of human rights often lead to different perceptions in human rights standards. Various laws relating to communities of places of worship, in many cases and considered by many experts to violate the basic principles of human rights. This paper also emphasized that the fulfillment of human rights in Indonesia concerning religious freedom cannot be separated from historical, sociological, and cultural factors of the Indonesian people themselves.]]>
