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
291 Documents
<![CDATA[Community compliance with the covid-19 protocol hygiene policy in Klaten Regency, Indonesia ]]>
<![CDATA[Hari Sutra Disemadi]]>;
<![CDATA[Denis Oxy Handika]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The problem for all countries in the world, including Indonesia, is the presence of a virus originating from Wuhan City, China. This virus is known as COVID-19. The Government of Indonesia has established COVID-19 as a type of disease that causes a Public Health Emergency. Therefore, prevention efforts must be made in accordance with existing provisions. The research method used is a socio-legal research method with a normative legal approach and a sociological approach conducted in Klaten-Central Java. The results of this study indicate that the policy currently being taken is health quarantine. The policy is the issuance of health protocols for the community. This protocol is known as the COVID-19 hygiene protocol, one of which is related to the obligation to wear masks by everyone when outside the home and the Hand Washing with Soap (CPTS) movement with running water either/both the use of antiseptic hand sanitizers as stipulated in the Ministry of Health Circular Number HK.02.02/I/385/2020. The level of awareness and compliance in Klaten Regency on the policy is exceptionally well, indicated by the dominant number of people in the use of masks when they are outside of the house and washing their hands with soap with running water either/both using antiseptic hand sanitizers. Therefore, the existence of a health protocol as a government policy in accelerating COVID-19 countermeasures is expected by parties, such as the Regional Government and the community in playing an active role referring to those who are feverish to the nearest hospital. Then, the Regional Government can socialize or urge people to use masks. For emergencies, if you sneeze or cough in a public area, cover your mouth with your inner elbows or upper sleeve. People who are sick are also advised not to use public transportation to minimize the possible risk of spreading the disease.]]>
<![CDATA[Study at home during the covid-19 pandemic as a legal protection for children's rights in Indonesia ]]>
<![CDATA[Ratri Novita Erdianti]]>;
<![CDATA[Nur Putri Hidayah]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The application of the online learning system during the COVID-19 pandemic has caused problems related to learning methods that require adequate facilities that not all students have. In addition, the community also feels that this method is not optimal for students, especially elementary school students who find it difficult to accept online learning which also due to heaps of works to replace the material students can use. The purpose of this paper is to see that the study at the home policy is the right government action to take in accordance with the legal protection mandated by Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection to continue on carrying out the learning process so that the world of education is not paralyzed due to the spread of COVID-19. The purpose of this study is to examine the study at the home policy as a guarantee of legal protection mandated by Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection. The method used in this study is the normative method. The outcomes show that online learning policies are the best solution and are in line with the principles of legal protection for children's rights in Indonesia, especially regarding the right to be safe from harm, to be kept away from disease, and the right to live and develop.]]>
<![CDATA[Health service maladministration's in the covid-19 pandemic era ]]>
<![CDATA[A Basuki Babussalam]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[This study examines the actions of maladministration frauds in health services particularly in the condition of Covid-19. This study aims to formulate which health services are categorized as maladministration, notably during the Covid-19 pandemic. The method used in this study is a normative research method followed by three approaches. Those approaches are the statutory approach, conceptual approach, and historical approach. The outcomes of this study indicate that the condition of the Covid-19 pandemic has opened some opportunity for maladministration fraud in the field of health services. Given the importance of public health services, notably during the Covid-19 pandemic, it is highly important to anticipate the maladministration frauds to not massively occur. When the acts of maladministration frauds still occur although attempts to prevent it have been carried out, hence the law must be present to provide justice. This paper also elucidates about actions need to be taken so that law enforcement related to maladministration frauds in the field of health services can be solved]]>
<![CDATA[Fintech peer to peer lending as a financing alternative for the development MSMEs in Indonesia ]]>
<![CDATA[Fry Anditya Rahayu Putri Rusadi]]>;
<![CDATA[Kornelius Benuf]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The main problem faced by Micro, Small and Medium Enterprises (MSMEs) actors is limited access to finance. The presence of Fintech Peer to Peer Lending companies in Indonesia is the answer to the limited access to finance faced by MSME entrepreneurs. However, the presence of Fintech Peer to Peer Lending for MSMEs in Indonesia can cause legal problems. This study aims to find a juridical basis for the relation between Fintech Peer to Peer Lending organizers and MSME entrepreneurs and to find constitutional protection for Fintech Peer to Peer Lending organizers and MSME entrepreneurs. The method used is juridical empirical, using primary data in the form of primary and secondary legal materials. The study outcomes concluded that the weak legal protection for the lenders (borrowers), which in this case is MSMEs, is due to the insufficiency of strict legitimate rules in managing the Fintech Peer to Peer Lending business. So that the implementation of the Peer to Peer Lending Fintech business needs to be regulated under the Law so that it can be charged with criminal sanctions.]]>
<![CDATA[The judicial control over the constitutionality of laws in the State of Palestine ]]>
<![CDATA[Ahmed M A Hamad]]>;
<![CDATA[Emad Mohammad Al Amaren]]>;
<![CDATA[Omar Farouk Al Mashhour]]>;
<![CDATA[Kukuh Tejomurti]]>;
<![CDATA[Haslinda binti Mohd. Anuar]]>;
<![CDATA[Rohizan binti Halim]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[This article aimed to explore judicial control over the constitutionality of laws in the State of Palestine. The article problem was represented in the authority involved with judicial control over the constitutionality of laws in Palestine, and what is the legal effect of ruling on the unconstitutionality of specific legislation. The judicial control is meant the constitutional judiciary undertakes to examine the constitutionality of laws and regulations issued by the Legislative Council or the President of State, to determine whether they are in conformity with the constitution or are in violation of it. This article uses normative legal research using the legislation approach and doctrinal approach. The importance of this article is that it has been discussed the legal framework governing judicial control of the constitutionality of laws in Palestine, and sheds light on the concept of judicial control, its mechanisms, nature, and effects to ensure the protection and consolidation of constitutional texts. In order to achieve the objective of this study, the socio-legal research using the qualitative approach was engaged to describe and analyze the opinions of jurists, legal texts, and rulings of constitutional courts in Palestine. Among the most important results that the author reached is that the state of law cannot be established without adopting the principle of judicial control over the constitutionality of laws to protect the legal texts that exist within the constitution, which is the supreme law within the legislative hierarchy.]]>
<![CDATA[The children rights protection in the new normal era: an Indonesia experience during covid-19 pandemic ]]>
<![CDATA[Izza Aliyatul Millah]]>;
<![CDATA[Pujiyono Pujiyono]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The new normal era is a necessity and must be faced by all countries until the discovery of the Covid-19 disease vaccine. The implementation of this new normal era policy has caused public debate related to various concerns of the people, especially the state’s readiness to guarantee the safety of the population from the transmission of Covid-19, especially in the protection of children in terms of fulfilling their rights. This paper aims to find out child protection providers in providing protection and fulfillment of children’s rights in new normal behavior during the Covid-19 pandemic and to find out the implementation of policies towards the protection of children’s rights in new normal behavior during the Covid-19 pandemic. This research uses doctrinal law research. Legal information sources use primary legal materials (relevant regulations and documents) for further qualitative analysis. The approach used is a statutory approach and conceptual approach in helping solving problem formulations. This research concludes that the right effort to deal with the new normal era is to strengthen child protection based on children’s rights, starting from parents, family, community, and government during the pandemic. Associated with the establishment of a policy schedule for children entering school when the new normal era in the Covid-19 pandemic. The key to protecting children in the new normal era is the health protocol rules that can be a guideline for parents and caregivers of children and the fulfillment of children’s primary rights in the new normal era is the health and safety aspects of children.]]>
<![CDATA[Consistency implementation of the regulation on young marriage in Indonesia ]]>
<![CDATA[Darmadi Darmadi]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[The amendment of Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage, especially Article 7 paragraph (1) concerning the age of marriage for the prospective bride, is equal to the age of the prospective groom, which is 19 years. Meanwhile, young age is that the prospective brides are still under 19 years old. This has indeed been required by the legislators so that the prospective bride and groom have a mature mindset and do not easily marry and divorce in married life but in reality what happens in society can cause new problems, namely the prospective bride and groom together. The objectives of this study were to find out the consistency of the application of article 7 of Law Number 16 of 2019, amendments to Law Number 1 of 1974 regarding the incidence of marriage at a young age, and to determine the impact of marriage at a young age and some of the problems that accompany it. The method of this study was the Juridical Empirical method or sociological research. This research was carried out either through observation and interviews in the form of a Religious Court Decision Letter regarding marriage permits. This was done and demonstrated through data in the field, the point of an empirical approach as a social-cultural reality. The result of this research showed that the consistency of the application of article 7 paragraph 1 regarding the age limit in marriage as stipulated in Law Number 16 of 2019 as a result of the Amendment of Law Number 1 of 1974 concerning Marriage was still not fully implemented. It was proven that there were still many people who not yet aware of the consequences of young marriage. The impact of young marriage was very large from various points of view.]]>
<![CDATA[Exceptions of banking secrets for the interest of taxes in Indonesia (a comparison of the post-birth of access law to financial information) ]]>
<![CDATA[Upik Mutiara]]>;
<![CDATA[Ika Khairunnisa Simanjuntak]]>;
<![CDATA[Rahmad Ramadhan Hasibuan]]>;
<![CDATA[Amiludin Amiludin]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 28 No. 2 (2020): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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<![CDATA[Act Number 7 of 1992 as amended by Act Number 10 of 1998 concerning Banking and several related rules already regulates the exclusion of banking secrets, especially for tax purposes. However, the existing mechanism has not been able to accommodate the exchange of financial information within the framework of the Automatic Exchange of Information (AEOI). Then the Financial Information Access Act was formulated which regulates the automatic exchange of financial information that has never been known before. The problems discussed in this study, how are the exceptions of bank secrets for tax purposes that have been carried out in Indonesia and how are bank secrets exceptions regulated in the Financial Information Access Act. The research method used is a normative juridical method with a descriptive-analytical research approach. The results of the study found that the exception of bank secrets has long been known in Indonesia but is still limited by a convoluted bureaucracy. Whereas in the Financial Information Access Act, exceptions take place automatically but there are sanctions for those who misuse information.]]>
<![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[Islamic triangle concept of marital age: Indonesian experience ]]>
<![CDATA[Fauzan Muhammadi]]>;
<![CDATA[Eva Wulandari]]>;
<![CDATA[M. Hajir Susanto]]>
<![CDATA[ Legality : Jurnal Ilmiah Hukum Vol. 29 No. 2 (2021): September ]]>
Publisher : <![CDATA[Faculty of Law, University of Muhammadiyah Malang ]]>
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DOI: 10.22219/ljih.v29i2.14162
<![CDATA[Marriage is a sacred act that no one will doubt. The sacredness of marriage does not mean that every person could be married. There are legal competencies in Islam that every person should be aware of before doing any legal acts. Islamic law sets two indicators of legal age; both are bālig and rusydan. Indonesia has determined the age of 19 to be a formal legal age of Indonesian people for their marriage. Finding the connection between the two indicators and concluded age is worth studying. The article aims to correlate Islamic legal competence with the marriage readiness and triangle analysis of legal age marriage based on Indonesia's factual issues. The article was described and analyzed qualitatively and based on the normative legal review. The review found out that ahliyyatul adā` al-kāmilah is the appropriate phase-in doing all legal activities, including marriage. The concluded age of 19 by the Indonesian government is well-measured when it was analyzed through the three parallel concepts: maslahah, ra’iyyatul imam manūtun bil maslahah, and sadd al-zarī’ah, all of which allow valuable considerations based on actual problematic issues of underage marriage.]]>
