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.
Articles
15 Documents
Search results for
, issue
"Vol. 33 No. 1 (2025): March"
:
15 Documents
clear
<![CDATA[Legal protection of personal data security in Indonesian Local Government apps: Al Farabi's perspective ]]>
<![CDATA[Sheila Kusuma Wardani Amnesti]]>;
<![CDATA[Siti Zulaichah]]>;
<![CDATA[Nurul Istiqomah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.34623
<![CDATA[The rapid advancement of technology is a double-edged sword. While it provides easy access to information, it also opens the door to unrestricted access, including personal data. Governments worldwide are leveraging technology to enhance their connection with citizens and deliver top-tier public services. In this vein, the Provincial Government of DKI Jakarta as an Indonesian local government, launched a SuperApps called JAKI in 2019 as a dynamic platform for two-way communication between DKI Jakarta residents and local authorities. This research employs empirical juridical methods, incorporating statutory and conceptual approaches. Drawing from primary sources, including DKI Jakarta Regional Secretariat Decree Number 99 of 2022 concerning the Citizen Relations Management application and interviews with the Smart City Developer Service Unit, the study demonstrates that JAKI ensures robust data security. The app complies with ISO 2700, an international standard that regulates information security management systems and fulfils the three core components: confidentiality, integrity and availability. Furthermore, in alignment with Al Farabi's concept of information security accountability, the emphasis is placed on collaborative social responsibility between data owners and collectors, represented by DKI Jakarta Provincial Government. This cooperation is both fair and beneficial, adhering to the fundamental principles of political philosophy and ethics.]]>
<![CDATA[The right of local government employees to expungement of disciplinary offences processed digitally in Jordanian and Qatari legislation ]]>
<![CDATA[Jehad D. Aljazi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.36212
<![CDATA[This paper examines a right that has emerged due to the activities performed by users on the internet, specifically the right to digital expungement of disciplinary offences committed by Municipal Employees and the penalties imposed on them, and its relationship with public service. The issue addressed is whether the legislative provisions in Qatar and Jordan are sufficient to safeguard and preserve this right. This paper demonstrates all the legal provisions related to the right to digital expungement of disciplinary offences and applies an analytical comparative approach between the Jordanian and Qatari legislation. In conclusion, with several findings and recommendations, this study highlights the existence of a relationship between the right to digital expungement and the statute of limitations for disciplinary offences and penalties due to the similarity in their legal effects. The study recommends reversing the recent amendment to the Civil Service Regulation No. 34 of 2024, which deleted the provisions related to the statute of limitations for disciplinary offences and the expungement of disciplinary penalties after a certain period defined by the relevant stipulations. It suggests adding these provisions to the new Human Resources Management Regulation No. (33) Of 2024.]]>
<![CDATA[Criticism of legal protection for victims of drug abuse: the disharmony in legal substance regulation ]]>
<![CDATA[Andri Winjaya Laksana]]>;
<![CDATA[Hendro Widodo]]>;
<![CDATA[Moh Aris Siswanto]]>;
<![CDATA[H. D. Djunaedi]]>;
<![CDATA[Setiawan Widiyoko]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.36680
<![CDATA[This research aims to analyse the legal regulation of narcotics addicts in Indonesia and legal protection for victims of drug abuse, the disharmony in legal substance regulation. Law Number 35 of 2009 concerning Narcotics in Indonesia establishes the legal framework for rehabilitation, protection and eradication of narcotics abuse at the national level. This regulation requires rehabilitation measures for narcotics users, especially those categorised as victims, and provides uniform law enforcement guidelines. On the other hand, regional regulations can expand and strengthen national regulations by adapting local approaches to suit the needs of local communities. This is legal research using qualitative research methods. Legal regulations for narcotics addicts in Indonesia are regulated in Law No. 35 of 2009 concerning Narcotics with a rehabilitative approach, but it still faces various challenges in its implementation. In Law No. 35 of 2009 concerning Narcotics, the disharmony of articles can arise due to several factors, including differing interpretations, unclear legal norms, or inconsistency with other relevant regulations. What is often debated is the different approaches between rehabilitation for narcotics addicts and criminal punishment for narcotics crime perpetrators in the Narcotics Law. Article 54 states that narcotics addicts are required to undergo medical and social rehabilitation. On the contrary, Article 127 paragraph (1) asserts that narcotics users without rights or against the law are subject to imprisonment.]]>
<![CDATA[Sharia in Moroccan Law: a perpetual source and guiding reference ]]>
<![CDATA[Souad Ezzerouali]]>;
<![CDATA[Mohamed Cheikh Banane]]>;
<![CDATA[Brahim Hamdaoui]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.36744
<![CDATA[This study examines the role of Sharia in the Moroccan legal system, assessing whether it serves as a fundamental source of legislation or merely a reference. Morocco's legal framework uniquely combines Islamic principles with secular laws, reflecting its colonial history and modern reforms to preserve Islamic heritage while advancing legal modernization. This distinctive blend positions Morocco as a model for balancing tradition and contemporary legal requirements. The research adopts a critical analytical approach, analyzing constitutional and legal texts, judicial precedents, and practical applications. It also conducts a comparative analysis with Indonesia to explore different approaches to integrating Sharia. Morocco applies Sharia centrally, especially in personal status laws, while Indonesia uses it regionally, such as in Aceh, within a predominantly secular national framework. The study highlights how historical, social, and political contexts influence the role of Islamic law in both countries. Findings show that Sharia is a crucial source for personal status matters in Morocco and a supplementary reference in other legal areas, with the Commander of the Faithful (Amir al-Mu'minin) maintaining this balance. In contrast, Indonesia emphasizes the regional application of Sharia alongside national secular laws. The study provides insights into balancing religious identity with legal modernization, offering a framework for legal pluralism that can inform researchers and policymakers in diverse socio-political contexts.]]>
<![CDATA[The dimensions of leadership and ideology in strengthening and institutionalizing religious moderation in Muhammadiyah ]]>
<![CDATA[Syamsul Arifin]]>;
<![CDATA[Umiarso Umiarso]]>;
<![CDATA[Nafik Muthohirin]]>;
<![CDATA[Ahmad Nur Fuad]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.37219
<![CDATA[This study focuses on the leadership aspect of Muhammadiyah by emphasizing the thoughts and contributions of Haidar Nashir as the Central Board of Muhammadiyah. Therefore, this study relies on written sources, especially those written by Haidar Nashir. Religious moderation is a prominent theme in Indonesia at the end of the second decade of the 2000s. Not only is it the idea of a thinker or intellectual, but it has even become one of the strategic development policies in Indonesia as stated in the 2020-2024 National Medium-Term Development Plan (RPJM) prepared by the Indonesian Ministry of National Development Planning/ National Development Planning Agency (PPN/Bappenas), based on Presidential Regulation No. 18 of 2020. The Ministry of Religion, as the technical ministry in charge of religious life, has published several documents related to religious moderation. As one of the moderate Islamic religious organizations and movements, Muhammadiyah is an interesting subject of study to examine its links and continuity with the idea of religious moderation. Rather than as a normative study in the field of law that uses legislation as primary material, this study seeks to reveal the substantive aspects of the religious moderation policy linked to Muhammadiyah's efforts to strengthen and institutionalize religious moderation in Muhammadiyah. The results of this study will later show that the appearance of Muhammadiyah as a moderate Islamic ideology, organization, and movement cannot be separated from the figure of the Muhammadiyah leader, who has a strong, moderate character.]]>
<![CDATA[Taking perspective between Indonesia and Germany: the establishment of quo vadis house of worship ]]>
<![CDATA[Mohammad Hamidi Masykur]]>;
<![CDATA[Tanto Lailam]]>;
<![CDATA[Ferio Ivan Mulyono]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.36688
<![CDATA[This paper discusses about licensing the establishment of houses of worship. In practice, the licensing arrangements for worship in both countries have significant differences. Indonesia has a bureaucratic approach that is formal, administrative, and social and community-based. Indonesia specifically regulates the requirements for the establishment of houses of worship in PBM 9 & 8/2006. Administrative, technical, and special requirements are required to obtain licenses. However, PBM 9&8/2006 has a loophole for the rejection of houses of worship, thus potentially inhibiting freedom of worship. On the other hand, Germany takes an ecological, spatial, and architectural approach to licensing houses of worship. Germany adheres to BauGB as a regulation related to building construction by paying attention to FNP and B-Plan as guidelines. This normative juridical research uses comparative, conceptual, and statutory approaches. The main finding of this research is that the two countries have different approaches in considering permits for the establishment of houses of worship. It is found that the difference between the two lies in the aspects of regulation, characteristics, and the approach to resolving disputes over the establishment of houses of worship.]]>
<![CDATA[Preventing the politicisation of corruption crime law enforcement based on local wisdom ]]>
<![CDATA[Erma Rusdiana]]>;
<![CDATA[Nurus Zaman]]>;
<![CDATA[Lindra Darnela]]>;
<![CDATA[Uswatun Hasanah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.37429
<![CDATA[This study focuses on the phenomenon of politicised law enforcement in corruption cases during election years, where legal actions are suspected of being used as political tools to weaken opponents and maintain power. Consequently, law enforcement is perceived as "by order" and heavily influenced by vested interests. This entanglement between politics and law is attributed to a lack of integrity and moral values among the involved actors, further undermining democratic practices and justice. This study analyses how the politicisation of law occurs in the electoral context and its impact on law enforcement and proposes a solution to prevent the politicisation of corruption in law enforcement through local wisdom-based approaches. This research employs a socio-legal method, analysing secondary data from various corruption cases exposed ahead of the 2014, 2019, and 2024 elections. This analysis includes literature reviews, investigative reports, and data from law enforcement agencies. Findings indicate a consistent pattern where corruption in law enforcement involving public officials tends to intensify as elections approach, suggesting efforts to politicise the law. Such politicisation negatively impacts genuine anti-corruption efforts by casting the law as a political instrument rather than a means of upholding justice, thus degrading the dignity of law enforcement and affecting public perception. Taking Malaysia as an example in successfully improving its Corruption Perceptions Index (CPI), this study underscores the importance of strengthening integrity by instilling moral values rooted in local wisdom, such as "Hasta Brata" and the "nine anti-corruption values." These efforts are essential to establishing dignified democratic practices and fair law enforcement that are free from corruption, collusion, and nepotism. ]]>
<![CDATA[The legal ratio of authority transfer from the capital market supervisory agency to the Financial Services Authority as a bankruptcy petitioner ]]>
<![CDATA[Tata Wijayanta]]>;
<![CDATA[Sheva Trisanda Adistia]]>;
<![CDATA[Wahyudi Kurniawan]]>;
<![CDATA[Rado Fridsel Leonardus]]>;
<![CDATA[Bambang Eryanto Hermawan]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.36537
<![CDATA[The article aims to analyse the legal ratio or legal reasons behind the transfer of authority from the Capital Market Supervisory Agency to the Financial Services Authority by qualitatively analysing the secondary data and presenting it in descriptive form. Regulation of bankruptcy applications for Securities Companies based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations may only be submitted by the Capital Market Supervisory Agency. This is because the Capital Market Supervisory Agency, based on Law Number 25 of 2007 concerning Capital Investment, is considered to understand the situation of Securities Companies. This authority is only given to the Capital Market Supervisory Agency to avoid bankruptcy applications submitted by creditors to securities companies. This is prevented because it could result in the securities company being bankrupted by creditors or shareholders. However, following the promulgation of Law Number 21 of 2011 concerning the Financial Services Authority, this authority was transferred to the Financial Services Authority from the Capital Market Supervisory Agency. The research used a normative research method supported by a statutory approach. This article found that the mechanism for bankruptcy applications for securities companies by the Financial Services Authority. Applications from Securities Companies or Creditors are addressed to the Executive of the Capital Market Supervisory Agency directly or via electronic mail to the Financial Services Authority electronic mail system, as regulated in the Regulation of Financial Services Authority Number 21 of 2022.]]>
<![CDATA[The authority relationship of Central and Local Governments in forming laws and regulations: between Indonesia and Malaysia ]]>
<![CDATA[Aan Eko Widiarto]]>;
<![CDATA[Muhamad Sayuti Hassan]]>;
<![CDATA[Mohd Hazmi Mohd Rusli]]>;
<![CDATA[Endrianto Bayu Setiawan]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.36629
<![CDATA[This study examines how the powers of the federal government and local governments interact to create laws and regulations in Malaysia and Indonesia. In most countries, the central government is not the only regulator in developing laws and regulations. Regional governments are vested with the authority to manage government affairs delegated to them. This authority includes the power to draft and enact regional regulations, reflecting regional independence in administering local governance. Regional regulations serve as strategic tools to achieve the objectives of decentralization, fostering greater autonomy by empowering regions to address local needs through tailored legislation. However, the delegation of such authority also presents the potential for regulatory conflicts between the central government and regional governments or among regions themselves. Consequently, a comprehensive analysis is essential to evaluate how the relationship between central and regional governmental authorities influences the legislative process in Indonesia. Employing a legal comparative approach provides an effective method for examining the dynamics of regulatory authority between the central and regional governments, offering valuable insights and policy recommendations to harmonize the framework for statutory regulation. The findings highlight those regional regulations play a crucial role in supporting decentralization, yet conflicts between central and regional authorities are inevitable. Comparing the cases of Indonesia and Malaysia, the study underscores the need for clear and collaborative frameworks to harmonize central and local authorities in forming laws and regulations, ensuring legal certainty and effective governance.]]>
<![CDATA[Regional Head Election post-MK Decision Number 60/PUU-XXII/2024 in the constitutional law landscape ]]>
<![CDATA[Hufron Hufron]]>;
<![CDATA[Sultoni Fikri]]>;
<![CDATA[Syofyan Hadi]]>;
<![CDATA[Baharuddin Riqiey]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.22219/ljih.v33i1.39064
<![CDATA[This article aims to analyse the implications of the Constitutional Court's decision on the regional head election system in Indonesia and evaluate its impact on political participation and diversity within local democracy. The Constitutional Court, as the interpreter of the constitution, particularly in the context of regional head elections, plays a pivotal role in shaping the landscape of constitutional law. Constitutional Court Decision No. 60/PUU-XXII/2024, which controversially alters the candidacy requirements for regional heads from being based on seat or vote share to being based on population size, reflects the need to align the law with evolving socio-political dynamics. This legal research employs statutory, conceptual, and case study approaches. This decision is expected to broaden access for smaller parties and independent candidates, thereby enhancing political diversity and voter choice. However, there is a risk that the changes might induce political instability or lead to dominance by large parties. Thus, ongoing monitoring and evaluation of the impact of these changes are crucial to ensure that constitutional law reforms achieve their intended goals of justice and representation. This article contributes to understanding how the law can adapt to societal needs and the challenges faced in the democratisation process. By emphasising the importance of legal pragmatism, the article illustrates that the law should function as a theoretical norm and an effective tool for addressing the continuously evolving socio-political dynamics. The research is intended to serve as a reference for policymakers and academics in comprehending and implementing constitutional law reform in Indonesia.]]>
