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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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Porn videos as evidence of adultery: a comparative study of Indonesian criminal law and Islamic law Kurniawan, Kukuh Dwi
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.v30i2.20808

Abstract

Adultery is one of the categories of crimes that are prohibited under Indonesian law and is also categorized as a major sin according to Islamic law. With so many porn videos circulating through social media or the internet, the question of what if porn videos are used as evidence in court so that they can prosecute adulterers is raised. The purpose of this study is to find video criteria that can be used as legal evidence according to Islamic law and Indonesian Criminal Law. This study aims to find video criteria presented as legal evidence according to Indonesian criminal law and Islamic law so that it can be used as a reference for reforming Indonesian criminal law. This research was conducted by comparing Indonesian criminal law and Islamic law regarding video criteria as evidence of adultery. The results of this study found that according to Indonesian criminal law, because of the Constitutional Court's Decision No. 20/PUU-XIV/2016 there are limitations on videos that can be used as evidence in court, namely the method of acquisition must be in accordance with applicable legal rules. Meanwhile, according to Islamic criminal law, videos can be used as evidence of qorinah or instructions, but materially the content of the video contains the entry of almurd into the mikhalah. Based on these findings, the adultery video can be used as legal evidence, it can be referred to base on Islamic law by positioning it as evidence of guidance, and although qoth'i there must be four men as witnesses on charges of adultery.
Conflicts occurring due to the application of different legal inheritance systems in Indonesia Suwarti, Suwarti; Khunmay, Decha; Abannokovya, Stepan
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.v30i2.21020

Abstract

The Republic of Indonesia applies three legal systems on inheritance, namely the Islamic law, the Civil Code, and the Indigenous law. Conflicts occur when families use different legal systems in splitting inheritance. This paper aims to analyze: (1) The considerations of the judge in deciding the right of heirs with different religions to obtain inheritance; (2) Whether or not using wasiat wajibah in distributing inheritance to non-Muslim heirs violates Islamic laws; and (3) The legal efforts which may be taken if heirs who follow a different religion from the decedent do not obtain an inheritance. This is normative prescriptive legal research employing a comparative approach. Primary and secondary data were collected from the literature review. Results showed that the Supreme Court judge decided that a non-Muslim widow has the right to obtain an inheritance from her deceased Muslim husband based on the wasiat wajibah stipulations, considering that the widow had been married to the deceased for 18 years. Referring to wasiat wajibah to give inheritance to non-Muslim heirs does not violate Islamic law, in which the maximum amount is a third of the inheritance. This paper suggests two ways to resolve conflicts on inheritance: (1) Let the inheritance laws be plural. If there are legal conflicts, they can be resolved in court, (2) Unify the laws by creating new inheritance national laws to achieve national unity. This research provides novelty, recalling that there has not been any previous research on the same theme in Ternate City.
The urgency of a gender-based approach to counter terrorism in Indonesia: a look into the European policies Putri, Devita Kartika
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.v30i2.21256

Abstract

In recent years, Indonesia has faced a rising rate of women's participation in terrorism. The Presidential Decree No. 7 of 2021concerning the National Action Plan for the Prevention and Countering of Violent Extremism that Leads to Terrorism 2020-2024 mentioned ‘gender mainstreaming’ to counter terrorism without elaborating how this gender-based approach was to be conceptualized in executing policy and regulatory framework. Therefore, this study analyzes the policies of European states. The objective of this study is to learn from the practice of European states to see how a gender-based approach could be further conceptualized under Indonesia’s counter-terrorism policy and regulatory framework. This article was based on normative research, employing both primary and secondary data. Furthermore, the discussion was based on three approaches: statutory, comparative, and conceptual approaches. The result of the study shows that a gender-based approach requires the Indonesian policy and regulatory framework to treat counter-terrorism as a cross-cutting issue between gender and the fulfillment of human rights.
Legal optic on digitalization of cultural heritage through e-tourism and e-government to back up ecotourism in greater Malang Indonesia Sukardi, Sukardi; Fadli, Moh; Puspitawati, Dhiana; Maharani, Diah Pawestri; Luthfi, Mustafa
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.v30i2.21420

Abstract

This research aims to gain a vivid and comprehensive portrait of legal aspects in the digitalization of cultural heritage in Greater Malang in Indonesia from the perspective of ecotourism and the state’s role in terms of policies and involvement of the members of the public in cultural conservation. The involvement of e-tourism and e-government in managing and developing the tourism potential in developed areas is inevitable. Cultural heritage-based tourism promoting the utilization of advanced information and communication technology has attracted the attention of tourists. Empirically, the digitalization of cultural heritage does not stand on its own but is more integrated with other aspects and sectors. The proposed concept in this study reminds us of the urgency in the development and utilization of integrated cultural heritage digitalization from the perspectives of eco-tourism, e-tourism, as well as other sectors such as e-government and spiritual aspect. The process of the development and utilization of digitalization of cultural heritage tourism is intended to ward off any disputes over ulayat rights happening these days. The role of the government and the participation of tribal people are deemed vital in reconstructing the system of social and spiritual values in developing eco-tourism based on the application of an integrated digital information system disseminating local wisdom through the threshold of global civilization. 
Legal protection for doctors’ work safety in handling Covid-19 cases reviewed based on Saddu al-Dzari’ah Rizka, Rizka; Junaidi, Muhammad; Lyandova, Vanka; Ab.Rahman, Rozanah
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.v30i2.22259

Abstract

Legal protection for doctor's work safety during the Covid 19 pandemic has not received optimal preventive action from the government with the data showing that the death of health workers in Indonesia accounts for the highest in Asia. This study aims to discuss the concept of legal protection for doctors' work safety in handling Covid-19 cases on the basis of Saddu al-Dzari'ah. The main data source for this study's juridical-normative methodology consisted of secondary data from written legal materials quantitatively examined to provide analytical descriptive data. Results show that legal protection for the safety of doctors in dealing with Covid-19 cases cannot be as required and correctly implemented in the legislation; in reality, the rights of doctors are still neglected and not fulfilled. The government's failure to take preventive measures to offer legal protection for doctors means that mafsadat (injury) in managing Covid-19 cases persists, which is also evidenced by the number of doctors who died from Covid-19. Our findings suggest the importance of having the concept of legal protection for doctors in handling Covid-19 cases based on Saddu al-Dzari'ah so that doctors get comprehensive protection.
Financial technology: digital legal challenges and Indonesia's economic prospects after Covid-19 outbreak Muslih, Muhammad; Supeno, Supeno
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.v30i2.22784

Abstract

Online loans are one of the financing business models organized using applications on the internet, the online loan business is currently developing so fast because it offers loans that can reach a sufficiently large amount with easy terms, procedures, and transaction processes, all intended to improve people's economic conditions. However, its implementation still sparks many legal problems and presents challenges for digital law in Indonesia. This study aims to study the challenges faced by Indonesian digital law due to the growth of the online loan business and to explore how the prospects of the online loan (fintech) business in improving the economic conditions of the Indonesian people. This research used empirical juridical methods, a case, and a statutory approach. The results showed that the challenges faced by Indonesian law in anticipating the growth of online businesses tainted by various legal cases require a more comprehensive rule of law in the form of legislation, thereby supporting the growth of prospects of the online loan business in an effort to improve the economy of the people of the state.
The law alteration on artificial intelligence in reducing Islamic bank’s profit and loss sharing risk Yuspin, Wardah; Wardiono, Kelik; Budiono, Arief; Gulyamov, Said
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.v30i2.23051

Abstract

Artificial Intelligence is categorized into the domain of computer science focused on creating intelligent machines that function like humans. Artificial Intelligence supports institutions including Islamic Financial Services in learning, making decisions, and providing useful predictive analytics. The progress and promise that artificial intelligence has made and presented in finance have so far been remarkable, allowing for cheaper, faster, closer, more accessible, more lucrative, and more efficient finance especially during the pandemic Covid-19 when people are required to stay at home yet still doing a banking transaction. Despite the incredible progress and promise made possible by advances in financial artificial intelligence, it nevertheless presents some serious perils and limitations. Three categories of risks and limitations involve the rise of virtual threats and cyber conflicts in the financial system, society's behavioral changes, and legal amendments that cannot respond to technological developments, especially in developing countries. The main objective of this article is to evaluate the operations of the potential risks that may arise in the use of Artificial Intelligence in Islamic finance services, especially dealing with the legal arrangement that is supposed to be in line with business development. Indonesia is a country that adheres to civil law system, in which every legal arrangement is supposed to be based on written law. The lack of this legal system is where the speed of legal changes cannot keep up with the pace of technological development, which is present as a hinder to the development of Artificial Intelligence in the financial system. This article concludes that Artificial Intelligence will have a huge impact in the future on the Islamic Finance industry, but in the Indonesian context, it still needs various efforts to reduce the potential risk that eventually has a big impact on the progress of Islamic banks.
The construction of legal basis relevant to the state of law in the event of pandemic emergency: a lesson from Indonesia Widiarto, Aan Eko; Dahlan, Muhammad; Arrsa, Ria Casmi
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.v30i2.23553

Abstract

This paper aims to study the construction of an appropriate legal basis for a state of law in responding to the Covid-19 emergency. As a state of law, Indonesia has been making many regulations at both central and local government levels. The regulations vary, ranging from Government Regulations in Lieu of Law, Ministerial Regulations, Ministerial Decrees, and Joint Decrees of Ministerial Instructions, to the Regulations of Regional Heads, and these regulations have led to overlapping regulations. With normative-juridical methods, the prescriptive technique was used to further analyze the problem and find a new concept of the construction of an appropriate legal basis in responding to the Covid-19 emergency. The research results show that, juridically, the use of non-legal products such as Ministerial Instructions and Circular Letters issued by ministers during the Covid-19 emergency in Indonesia has fulfilled the procedural aspects of law-making but not the substantive ones regarding the curbs restricting people’s social activities. This research recommends that the construction of a legal basis intended to respond to a state of emergency should simultaneously meet both procedural and substantive aspects
Disabilities concessions in Indonesia: fundamental problems and solutions Permatasari, Ristania Intan; Hermawan, Sapto; Jaelani, Abdul Kadir
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.v30i2.23814

Abstract

There are many people with disabilities in Indonesia. However, the government has not fulfilled the rights of persons with disabilities according to the provisions in the laws and regulations on persons with disabilities. This study aims to analyze concessions for persons with disabilities in Indonesia: fundamental problems and offered solutions. This research is a normative study using the Literature Review study approach, namely by examining and analyzing data. The results of the research show that the government has not guaranteed the rights of persons with disabilities in Indonesia, so it is essential to issue government regulations that regulate the type and amount of concessions as a form of creating legal certainty for persons with disabilities. This concession is essential to implement in Indonesia because it can reduce the barriers for persons with disabilities to access essential services to increase their income and economic participation.
The meaning of “strength executive" in the Constitutional Court decision for the execution of fiduciary securities Muslim, Shohib; Hadiyantina, Shinta; Mundzir, Hudriyah; Ayub, Zainal Amin
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 1 (2023): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i1.23244

Abstract

Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor's business flow because the position of the subject of fiduciary obligations is in the debtor's control, making it possible for disputes between debtors and creditors. This normative legal research was conducted using a philosophical, juridical approach covering statutory policies, conceptual and case approaches. PMK No. 2/PUU-XIX/2021 does not regulate creditor legal provisions in enforcing fiduciary securities, making it difficult for creditors to execute them. The Constitutional Court should decide to guarantee justice for all parties and provide a decision with clear content and sentence structure, so multiple interpretations will not occur. The execution of fiduciary securities during the Covid-19 pandemic should not be immediately carried out because the creditor had to follow the predetermined procedures.

Page 24 of 30 | Total Record : 291

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