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INDONESIA
Jurnal Ilmiah Hukum LEGALITY
Published by Universitas Muhammadiyah Malang
ISSN : 08546509     EISSN : 25494600     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : -
Articles 15 Documents
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Search results for , issue "Vol. 33 No. 2 (2025): September" : 15 Documents clear
The WTO Non-Discrimination Principle and Its Impact on Developing Indonesia’s Investment Triyana Yohanes; Aloysius Wisnubroto; Theresia Anita Christiani; H. Untung Setyardi; Hajed A. Alotaibi
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.41046

Abstract

This research discusses the application of the WTO non-discrimination principle to improve the global economy. However, this application is not without several negative consequences affecting Indonesia. Many domestic investors, particularly small and medium enterprises (SMEs), have gone bankrupt due to their inability to compete with large foreign investors. The exclusion of many domestic investors and the failure to achieve the goal of making Indonesian domestic investment the main investment in the country’s economy, following the application of the WTO non-discrimination principle based on Law No. 25 of 2007, prompted this research to be conducted. With a normative juridical approach, data in the form of the TRIMs Agreement, Law No. 25 of 2007, and expert opinions were collected through library research, then analysed using qualitative methods. The results indicate that the application of the WTO non-discrimination principle in Indonesia has resulted in equal treatment between foreign investment and Indonesian domestic investment, rendering many domestic investors, particularly SMEs, unable to compete with large foreign investors and bankrupt. This hampers efforts to make Indonesian domestic investment the main investment in Indonesia’s economy.  As a developing country, Indonesia should leverage the exceptional provisions in the WTO Agreement to limit the application of the principle of non-discrimination necessary to protect domestic investment and its economic interests, including its economic system.  This study compares the policies of Saudi Arabia and China, which, in implementing investment liberalisation based on the WTO Agreement, impose restrictions to protect their national economic interests.
Balancing constitutional rights and institutional identity: Evidence from Muhammadiyah Universities in Eastern Indonesia Syamsul Arifin; Le Xuan Tung; Nur Kafid; Ahmad Zainul Hamdi; Khoirun Niam
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42108

Abstract

This study examines the relationship between constitutional rights and institutional religious identity through Islamic Religious Education (IRE) at Muhammadiyah universities in Eastern Indonesia, in which the majority of students are Christian. Although the law guarantees students’ rights to receive religious education in accordance with their beliefs, some Islamic higher education institutions pay insufficient attention to this provision. Through interviews, document analysis, and classroom observations, this study investigates how religious education at Muhammadiyah universities is managed to balance Muhammadiyah’s institutional educational identity with the legal requirements related to students’ constitutional rights to obtain religious education that corresponds to their respective religions. The findings show Muhammadiyah’s commitment to providing religious education that accommodates students' religious diversity through an instructional approach known as Multicultural AIK. Nevertheless, more inclusive steps remain necessary, including facilitating religious education that explicitly indicates that the instruction students receive aligns with the religion they adhere to.
Negotiating Women's Rights in Jordanian Electoral Law: Are they fulfilled? Saif Ziad Aljunidi; Farah Alshanik; Emad M. Alamaren
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42184

Abstract

The research analyses legal guarantees for politically empowering women from a comparative perspective and the factors that limit their effectiveness. The research findings show that the sustainability of women’s representation in Jordan’s Parliament depends heavily on the force of law. Women’s representation in Parliament is a temporary measure and is practically considered an alternative to competitive integration. Although those measures contributed to women's representation rising to 19.6% of the House of Representatives’ seats and went beyond formal (token) representation, the percentage remained below the effective “critical mass” of 30%. From a pluralism governance perspective, the study uncovered a severe weakness in youth representation in Parliament at 4.3%, although they represent 60% of the population. The paper highlights the socio-political challenges surrounding the effectiveness of women's empowerment legal guarantees, which are tribal elections, discriminatory practices, and electoral violence against women in the digital space. To handle those gaps, the research recommends legislative reformations such as redividing political districts, reengineering the quota system, adopting a gender alternation system (zipper system), modifying the financial support for the party-based level, while linking it to the percentage of women’s representation beyond the quota, and fostering transformation that supports women’s political participation.
In Search of Forfeited Fiduciary Assurance: A Justice Approach Novi Rizka Permatasari; Hartiwiningsih Hartiwiningsih; Pujiyono Suwadi
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42371

Abstract

This study examines the legal consequences and proposes a fair model of confiscation that balances the interests of creditors, debtors, and the state. The research employs a normative legal approach, integrating John Rawls’ theory of justice and progressive legal theory, and applies descriptive methods and deductive syllogistic analysis to examine relevant doctrines, legal principles, and judicial practices. The findings reveal significant gaps in current fiduciary regulations, particularly the absence of mechanisms to address the consequences of state confiscation, to provide compensation to affected parties, and to protect receivables rights in cases of loss or damage. In response, the study proposes a reconstructed legal framework that introduces a sanctioning scheme coupled with proportional compensation, explicitly incorporated into court judgments. This model upholds procedural justice and equality among parties, aligning with Rawls’ difference principle. The study concludes that revising fiduciary regulations to include explicit provisions for state confiscation and associated compensation mechanisms should enhance legal certainty, ensure proportional protection of all parties, and promote a fair and effective enforcement system.
Reforming Malaysia’s juvenile justice system: a critical analysis of pre-trial diversion within the framework of international standards Nor Aida Ab. Kadir; Aminuddin Mustaffa; Sholahuddin Al-Fatih; Nik Nur Nasyuha Nik Ahmad Rizal; Vita Mahardhika
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42392

Abstract

This paper aims to scrutinise the Malaysian juvenile justice system and the negative consequences of the lack of pre-trial alternative measures in dealing with children. Juvenile delinquency is a social problem that has attracted numerous discussions from different quarters. One of the primary issues in this area is how to respond to complex, multifaceted problems involving children in conflict with the law. Through doctrinal analysis and comparative frameworks with international standards and legal practice in England and New Zealand, this study highlights the positive impact of diversionary approaches on recidivism, rehabilitation, and restorative justice. Malaysia’s heavy reliance on formal adjudication is inconsistent with several international standards. This paper advocates amending the Child Act 2001 and the Criminal Procedure Code to implement pre-trial diversion, with police and prosecutorial discretion to encourage restorative justice alternatives in minor and non-violent cases. This change would align Malaysia’s system with international norms, improve children's rights, and advance the justice system toward greater rehabilitation and restoration.

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