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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 291 Documents
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Black swan theory: legal policy of the Indonesian national healthcare Budiono, Arief; Absori, Absori; Ngestiningrum, Ayesha Hendriana; Dewi, Elya Kusuma; Nurhayati, Nunik; Arum Prastyanti, Rina; Ibrahim, Alisa
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.16867

Abstract

The Indonesian National Health Service (NHS) is part of Indonesia’s national social security system. Its implementation is full of problems, such as the rejection of patients, the NHS payment which is lower than the real health cost, sanctions, fines, etc. The Indonesian National Social Security System, especially the NHS services, was established by the state to give social protection to its citizens. The Black Swan Theory is based on the presumption that all swans are white, thus in this case, the Indonesian NHS is truly a program aimed to give social security in the health sector, just as the general conditions of social securities applied in other countries. This research studies this theory to explore the paradoxes which happen in the Indonesian NHS to find the black swan. In this case, the black swan is a paradoxical symbol regarding the regulations and the problems of the Indonesian NHS. This research uses the juridical-doctrinal or the normative method and is descriptive research with a qualitative approach. Based on the Black Swan theory, this research tries to find paradoxical, extreme, and unpredictable discrepancies in the Indonesian NHS. It is found that the Indonesian NHS is a black swan or unpredicted according to black swan theory. The objectives, practices, and regulations of this NHS are truly different from the NHS which is supposed to be given to the Indonesians. It transfers the government’s burden in establishing the health service and the rights of the citizens to the citizens, coupled with the threat of sanctions which is unknown in NHS. The applied Indonesian NHS has an extensive impact on hundreds of millions of Indonesian citizens.
Legal protection for copyright holders of commercialized remix song cover version Gorda, AAA. Ngurah Sri Rahayu; Artami, Ida Ayu Ketut; Antari, Putu Eva Ditayani; Sudharma, Kadek Januarsa Adi; Vaisile Moisa, Robert
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.17034

Abstract

Copyright is legal and registered work. a copyright holder has two exclusive rights: economic and moral rights. A song or music copyright is one of the copyrights in the realm of art. However, there have been several copyright infringements in the music industry recently, and the cover version of a song is one of many. Many performers cover songs without the consent of original composers. They also sell and buy the music, which has obviously taken away the creator's economic and moral rights. As a result, legal protection for composers is required to prevent future instances of copyright infringements of music. The objective of this study is to determine the legal protection afforded to copyright holders of the commercialized version of a cover song, as well as the purposeful conclusion of the case involving the marketed version of the covered song. This research employed a normative approach based on literature. This study's technical analysis employed descriptive - qualitative methods. Two types of legal protection for songwriters constitute preventative and repressive protection, where the former is achieved by registering works held by the Directorate General of Intellectual Property Rights and undertaking public awareness campaigns emphasizing the significance of copyright recognition. Meanwhile, repressive protection is sought by filing a civil complaint, and criminal charges to the District Court. There are two options to resolve copyright issues over songs: in court or outside court, where the litigation process involves filing a case to the district court, and the non-litigation process may require negotiation.
Law enforcement over illegal fishing to protect coral reefs during the Covid-19 pandemic in Buton Dewi, Indah Kusuma; Hardin, Hardin; Asdin, Asdin
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.18127

Abstract

The purpose of this study was to determine the role and obstacles faced by Fishery Civil Servant Investigators (FCSI) in the prevention and handling of Fisheries Crimes in the Buton Regency. With empirical legal methods, research data were obtained from direct interviews, showing that in 2018 there were two cases of destructive fishing using the fish bombing method, three cases in 2019, namely one case of fish bombing and two cases of exploitation of protected marine habitats, while in 2020 and 2021, there were two cases of fish bombing each. The results showed that Fisheries FCSI’s role constitutes prevention and prosecution for fisheries crime involving the destruction of ships that do not have permits for fishing vessels with sizes above 5 GT, exploitation of protected fish habitats, and fishing vessels failing to demonstrate proper seaworthiness. Fisheries crime cases that occur are fishing practices that involve the destruction of fish resources and aquatic habitats such as fish bombing, fish anesthesia, and the use of cyanide poison. Law enforcement during the covid-19 pandemic over these cases is carried out online at the witness examination stage or at a stage that involves the investigation of the suspect through a video conference interview. Provided that there is a Summoning Letter, based on Article 112 of the Criminal Procedure Code, the obstacles experienced by the Fisheries FCSI are influenced by internal factors in the form of lack of quality and quantity of supervision facilities and infrastructure, human resources, budget, and poor handling of evidence. Meanwhile, external factors involve the lack of public awareness to prevent the occurrence of fisheries crime, the lack of supporting facilities and infrastructure for the Supervisory Community Group, and weak coordination between law enforcement institutions.
Prospective green constitution in new and renewable energy regulation Qurbani, Indah Dwi; Rafiqi, Ilham Dwi
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.18289

Abstract

The format for regulating new and renewable energy in the draft law on new and renewable energy in Indonesia still contains many polemics and problems. This is motivated by various problems of conception and substance in it, such as misconceptions about nomenclature, problems with institutional formats, licensing problems, and the accommodation of nuclear energy. This paper aims to analyze the potential impacts and prospects of energy using a green constitution point of view. This study used normative juridical research with a statutory and conceptual approach. The results show that the environment is the dominant entity affected by energy management and utilization activities, both fossil energy and new renewable energy with different potential impacts. The prospect of a green constitution has been contained in the draft law on new and renewable energy, but it cannot be realized optimally because transition policies in Indonesia still have dual orientations and overlapping arrangements. The principles of a green constitution can be a guiding concept and norm for the format of regulation and implementation of the use and utilization of new and renewable energy so that it is in line with the values ​​of environmental protection and preservation.
The proprietary rights status of the apartment units held by foreign nationals in Job Creation Law Solehuddin, Solehuddin
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20199

Abstract

The objective of this research is to examine how the polemics of the proprietary rights of apartment units are provided by the government for foreign nationals who temporarily reside in Indonesia to encourage the improvement of investment, especially in the property sector. This research employed normative-juridical methods by conducting library research involving books, journals or scientific articles, internet media, and statutory approach involving Law No. 20 the year of 2011 regarding Apartment Units, the Law on Job Creation. This research has learned that the Proprietary Rights granted by foreign nationals staying in Indonesia refer to property rights to own apartment units or apartment unit spaces, excluding the land underneath based on land rights, namely Proprietary Rights, Building Rights, and Usufructuary Rights. Granting the status of Proprietary Rights means that the foreign nationals who obtained apartments have the same rights as Indonesian citizens do. The ownership status of Property Rights is granted to foreign nationals. The government in its program of providing apartments for the Low-Income Communities (LIC) should also give legal certainty to the communities.  Due to the large number of investors entering Indonesia, it is feared that procurement of apartments for the LIC will be marginalized by the construction of Apartments special for foreign nationals.  Therefore, the government should determine which areas may be allowed for foreign nationals’ ownership, where in fact the expansion of this proprietary status is an implication of the economic sector for business interests in the property sector.
Constitutionality of monitoring and evaluation of regional regulation drafts and regional regulations by Regional Representative Council Wido Haruni, Catur
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20532

Abstract

This research examines the constitutionality and legal implications of the DPD's new powers and duties in monitoring and evaluating regional regulation drafts in terms of the function of the DPD. The research method uses a normative approach and qualitative descriptive analysis. The results of the research show that the addition of the authority and duties of the DPD to carry out monitoring and evaluation constitutionally has no legal basis so the arrangement can be deemed unconstitutional. On the other hand, if the new authority arrangement for the DPD is seen as not contrary to the Constitution, then this will set a precedent so that the addition of the authority of the Regional Representatives Council is not only within the purview of supervision but it can also be carried out within that of legislation, without making changes to the constitution and simply through the Law. In terms of the legal implications of the authority and a new task of DPD to set the scope of monitoring and evaluation, monitoring and evaluation models, and overlapping authorities to conduct monitoring and evaluation with those in the Central Government, DPD cannot give any follow-up to monitoring results. Thus, restructuring the tasks and authority of the DPD in the constitution and the statute is a must.
Reconstruction of norm in selection system of Constitutional Court judge candidates from the perspective of the paradigm of Prophetic Law Lutfi, Mustafa; Ibrahim Nur, Asrul
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20744

Abstract

This article aimed to discuss the selection system of Constitutional Court Judges in Indonesia. The standardization of the recruitment system in the selection of candidates for Constitutional Court judges performed by DPR, the President, and the MA has varied due to multi-interpretations of the provisions of Article 20 (1) & (2) of Constitutional Court Law, contrary to the fact that the Third Amendment to Constitutional Court Law sets forth the mandate to selection committees. The model of the recruitment system has not been constitutionally optimal, while the process mechanism should meet transparency (involving public knowledge), participation (getting the public involved in every process), objectivity (competency-based), and accountability. However, several recruitment practices have overlooked those principles, urging further evaluation of the recruitment to take place comprehensively. One gate system in the recruitment with the assistance of the selection committees seems to be inevitable and simultaneously serves as the solution to reconstruct the system into a more standardized one in the time to come. Moreover, the selection committees must be true statesmen since they hold the authority to verify and select other statesmen as the candidates for the recruitment. The involvement of credible, professional, objective, transparent, and participative selection committees is expected to help achieve legal objectives and intent as wished by the constitution and to bring about the spirit of the prophetic law that serves as the core of the subject matter.
Tracing the roots of Muhammadiyah thought on the concepts of Dār Al-‘Ahdi Wa Al-Syahādah Yuli Isdiyanto, Ilham; Muhammadi, Fauzan; Fahmiddin, Umair
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20661

Abstract

This paper aimed to discuss the concept of Dār Al-’Ahd Wa Al-Syahādah initiated by Muhammadiyah, which requires strong historical-normative legitimacy, so it does not necessarily lose its genealogy to be applied to the legal and constitutional system in Indonesia. The big question is how is the relationship between historical aspects and the concept of Dār Al-’Ahd Wa Al-Syahādah so that it has strong foundations to be implemented later in the state and nation. This normative-conceptual research is a historical reflective study that focuses on literacy aspects as the basis to build normative and conceptual constructions. The result reveals that the idea of ​​Dār Al-’Ahd Wa Al-Syahādah in the constellation of Pancasila is a strategy to realize Baldatun Thayyibatun wa Rabbun Ghafur state with the principle of Amar Ma’ruf Nahi Munkar. The concept of Dār Al-’Ahd Wa Al-Syahādah has a reference in Al Maun Theology which from the beginning became the basis of the movement pioneered by KH Ahmad Dahlan. Therefore, this strategy must be directed to a more concrete form and a more concrete movement to realize Baldatun Thayyibatun wa Rabbun Ghafur state.
The model of mining environment restoration regulation based on Sustainable Development Goals Kadir Jaelani, Abdul; Octavia Kusumaningtyas, Reza; Orsantinutsakul, Asron
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20764

Abstract

This article aimed to discuss mining environment restoration regulations. The government has established a number of policies concerning reclamation and post-mining. However, the critical question is whether these policies can ensure the rehabilitation of the mining environment in accordance with sustainable development goals, given the numerous unreclaimed and abandoned mining pits that have resulted in several fatalities. The purpose of this study is to examine reclamation and post-mining management standards in order to reduce the environmental damage caused by mining activities. This normative legal study gathered data from documents examined qualitatively. The data analysis is descriptive-analytic in nature. The study's findings indicate that environmental law enforcement in the mining sector continues to face significant challenges. There is a need to enhance legislation and systems governing mining management. Standardization of reclamation and post-mining management is necessary to offer rules for implementation that suit the needs of the community. It has no adverse effect on the community surrounding the mining location. Licensing is one policy that can apply to implement standardization. Supervising land management following mining, management of waste, and developing policies promote environmentally friendly mining and conservation activities.
Fruit sale strategy with the lowest price sorakan (cheering) in the view of Fiqh Muamalah Arianti, Farida; Asmadia, Tezi; Leli, Maisarah
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 2 (2022): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i2.19865

Abstract

Cheering the smallest price of several piles of fruit prices is a fruit-selling strategy to get more consumers. This study aims to understand the description of the smallest price cheers on the fruit sales strategy against the view of fiqh muamalah. What attracts buyers so that they decide to buy and how their interest is raised by hearing price cheers. This is field research conducted in Batusangkar Market. The research employed qualitative descriptive research methods and the research data were obtained from sellers and fruit buyers who shout the smallest price cheer. Data retrieval techniques used in-depth interviews and direct observation of buyers. Interviews were conducted face-to-face with the informants until the same information was obtained. The results show that the strategy of cheering the lowest price from several prices based on piles of fruit quality serves as a driving force and attracts consumers. This strategy is closer to bay' najasy which can drive buyers to buy their merchandise. Therefore, buyers or sellers must ensure that the price they are shouting represents the fruit piles that are visible. When a buyer approaches the place of merchandise, he/she could clearly see the goods being traded.

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