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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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Reconstruction of state territorial management to optimize national resilience in Indonesia Puspitawati, Dhiana; Prakoso, Lukman Yudho; Kusumaningrum, Adi; Harahab, Nuddin
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.v31i1.23636

Abstract

The status of Indonesia as an archipelago state is stated clearly in the Indonesian Constitution. Indonesia’s territory consists of three dimensions: land, sea, and air. To maintain the order of the State, the State’s security is crucial. It is further argued that State’s security in all territorial dimensions can be established through a comprehensive inward-looking approach. With this approach, national security can be achieved while holding on to the principles of national resilience. In order to maintain a stable national resilience, sustainable policies are needed to govern the land, air, and ocean territory. This research analyses whether existing policies in a state’s territorial governance are sufficient to maintain national resilience. Using a multi-disciplinary approach that combines descriptive-qualitative and normative-juridical methods, this research recommends a policy model for governing the State’s territory towards maintaining national resilience in Indonesia. While the inward approach is preferable, contemporary threats to national resilience need to be considered by considering an outward-looking approach.
Globalisation and Indonesia’s demand for dual citizenship: problems and alternatives Antikowati, Antikowati; Ulum, Muhammad Bahrul; Soetijono, Iwan Rachmad; Nugraha, Reyka Widia
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.v31i1.24683

Abstract

This paper aims to discuss Indonesia's current legal framework of citizenship following its more pervasive demand to adopt dual citizenship. It argues that several issues regarding citizenship law in Indonesia have been relatively problematic, mainly related to the change of citizenship status contentiously experienced by Arcandra Tahar, Gloria Natapraja, and Djoko Tjandra to the increasing demand for dual citizenship. On the other hand, in this context, Indonesia's diasporas have voiced this interest in legal reform, resulting in more flexible opportunities and supporting transboundary businesses, as they have encountered some challenges due to restricted citizenship regulations. Using legal research, this study showed that citizenship had become a strategic issue with far-reaching implications. While Indonesia adopts a limited scale of dual citizenship and the vigour for dual citizenship has increased, the flexibility over dual citizenship requires further study of national security and citizens' loyalty to Indonesia. This paper suggested in adopting India’s OCI model for Indonesia’s citizenship policies as ample opportunities for this country’s citizens with foreign status to continue enjoying and accessing their rights in Indonesia, except in the political field. This measure subsequently would be a step forward to adapt citizenship regulations to globalisation while still paying attention to the nationalism concern.
Cryptocurrency assets as a physical collateral in Indonesia Wardoyo, Yohana Puspitasari; Hapsari, Dwi Ratna Indri
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.v31i1.24190

Abstract

Cryptocurrency investment is currently expanding quickly on a global scale as well as in Indonesia. On the one hand, cryptocurrency can be used as a medium of exchange or a form of money, which represents the original purpose of cryptocurrency. On the other hand, it can also be used as a commodity or as digital assets, also known as crypto assets. Cryptocurrency is illegal to use as money in Indonesia, but it is legal to exchange it as an asset. This study explores the legal protections for holders of collateral against the loss of crypto assets as well as how crypto assets are governed by material guarantees in Indonesia. A conceptual and statutory approach, technical analysis, and a normative legal research methodology were applied in the study. The legal material was analyzed by using the content analysis approach, which involved examining the content and legality of the material gleaned from various laws and regulations by looking at the relevant legal precedents. The discussion results discover that crypto assets fall under the definition of "intangible movable objects" as defined in article 503 BW. In addition, crypto assets had material rights in the form of material guarantees in the form of a pledge and fiduciary guarantees, allowing the parties to carry out their agreements in good faith even in the event that the collateral object is lost. These disputes could be settled through either non-litigation or litigation.
Restorative justice in Indonesia corruption crime: a utopia Andini, Orin Gusta; Nilasari, Nilasari; Eurian, Andreas Avelino
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.v31i1.24247

Abstract

The discourse about combating corruption through restorative justice has produced positive and negative outcomes. The extraordinary crime of corruption features several distinguishing characteristics distinct from those of general crimes. Even though restorative justice is a method of modernizing the way law enforcement is practiced, the policy that is used to put it into effect needs to be extremely selective and cautious. This study will investigate the applicability of restorative justice to acts of corruption. The research comprises two research questions. 1) How is the concept of Restorative Justice regulated in Indonesia? 2) How is the analysis of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes on the resolution of corruption through restorative justice? The research employed a normative method that combined a statutory and conceptual approach to problem formulation, indicating that, first, the restorative justice concept is regulated in Indonesia through technical regulations developed by each law enforcement agency, with limited implementation. Second, restorative justice in the settlement of corruption contravenes Article 4 Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes and is a step back in efforts to eradicate corruption, as well as inconsistent with the state's obligation to support policies and effective practices in eradicating corruption as regulated by UNCAC.
The philosophy of social injustice for all Indonesian laborers set forth in Job Creation Law Sunaryo, Sidik
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.v31i1.25330

Abstract

Working is not only for the sake of earning money, nor is it for the sake of fitting professional rationality. It goes beyond what it appears to be; it represents observances of God. That is, occupations should be seen from a wider perspective implying that it also considers spiritual, immaterial, and material dimensions. The spiritual scope represents the responsibility of humans to their God; the material scope is understood as working for a family, society, the state, and the nation. An occupation carries the spiritual value that represents the social behavior of bearing the responsibility for a job. Mental and social aspects in an occupation carry another meaning of social justice for all Indonesian laborers. Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, apart from pushing and urging attitude calling for its formulation and pragmatic needs that remain problematic in the eye of society in general, needs testing and reviewing fundamentally from the perspective of social justice principle for all Indonesian laborers. This study is focused on the analysis of the substance of Government Regulation in Lieu of law concerning Job Creation seen from the perspective of social justice for all the workers concerned. This study employs philosophical, conceptual, and statutory approaches to delve into the typical principle of justice in Government Regulation in Lieu of Law concerning Job Creation.
Islamic nomocracy: from the perspectives of Indonesia, Spain and Russia Wibowo, Sugeng; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik; Ramon, Tomás Mateo; Budiono, Arief; Lyandova, Vanka
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.v31i1.25358

Abstract

The Indonesian Islamic nomocracy paradigm has a long history and a cultural relationship with the national struggle that coincides with political and religious orientations. The Islamic nomocracy is inseparable from the relationship between Islam and the state rather than being linked to Islamic doctrine and power. This research employed the normative sociological method. It used a philosophical approach from Barbour’s paradigm of the relationship between religion and science and Habermas’ thought on religion in public spaces. This research strives to analyze the Islamic nomocratic paradigm pattern prior to Indonesian independence as a crucial stage that influences the following eras, namely the post-independence era, the Old Order Era, the New Order Era, and the Post-Reformation era up to now. This research aims to find the basics and the development of the Islamic nomocracy in the Indonesian legal system. The roots of the Islamic nomocracy legal thought in Indonesia can be traced to the pre-independence era. In the development of Islamic kingdoms, there was a dialog and integration process between the Islamic nomocracy and the kingdom government. After the War of Java, the conflict and independence pattern was formed. Before Indonesian independence, the Islamic nomocracy thought developed into Pan Islamism which tended to be conical to legal formalization through the caliphate system. After Indonesia’s independence, some of the Islamic nomocracy legal thought recognized the state as one of the legal systems in Indonesia besides customary law and positive law. Then, Indonesia became a partly-Islamic Legal State with a constant up-and-down relationship with the state. The authors also completed this paper with perspectives of Spain and Russia as both have been ruled under Muslim governance.
Fulfillment of workers’ rights in remote working: the perspective of labor development principle in Indonesia Hidayah, Nur Putri; Anggraeny, Isdian
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.v31i1.25338

Abstract

The popularity of working from home or remote working is rising globally. In Indonesia, the existence of the internet underpins the trend of working from home since accessing this technology is effortless. However, existing regulatory provisions mostly govern matters regarding office work, while the rights and responsibilities between employers and employees in the remote working scheme have never been specifically regulated. This situation creates a huge gap between what is stated in a written law and law in action. This research aims to analyze the congruence of agreements with the fulfilment of rights of workers working from home from the perspective of legislation and the principles of labor development. This research employed sociological and legal methods. The research results indicate that the fulfilment of labors’ rights in both the agreement and implementation has not met the principles of labor development. The conflict of rights and criminal violations regarding this matter is obvious since workers’ rights governed in the legislation are not governed in the work agreement. Moreover, there is still incongruence between the regulations and implementation of the rights of workers regarding the portion of break/leave and overtime wages.
The role of the United Nations in protecting the right to development in occupied Palestine Alasttal, Abdelrahman; Magassing, Abdul Maasba; Maskun, Maskun; Sakharina, Iin Karita
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.v31i1.25836

Abstract

Talking about human rights in the absence of development is nonsense. Therefore, Palestinian human rights are deficient due to the disruption of development in the occupied Palestinian territories. The purpose of this study is principally to analyze the obstacles to the development process in Palestine, examine the scope of the role of the United Nations in supporting development in Palestine under Israeli occupation, and compare that with its role in Rakhine. The methodology refers to a comparative analytical study and a statutory and conceptual approach, revealing that the existence of the Israeli occupation is considered the main obstacle to development in Palestine; and the role of the United Nations has been ineffective to date in ending this occupation; therefore, the role of the United Nations in protecting the Palestinians' right to development is very limited, as the realization of the right to development is linked to the realization of the right to self-determination for the Palestinian people. Development requires the unification of regions and the optimal exploitation of natural resources, but this is not possible in Palestine because of the policies of the Israeli occupation in building settlements, imposing a complete blockade on the Gaza Strip and separating it from the West Bank, and dividing the West Bank into areas of influence, as well as imposing complete control over the natural resources and preventing the Palestinians from benefiting from them, with the aim of keeping the Palestinian economy weak and under Israeli control, thereby keeping the Palestinian decision under the influence of Israel. In conclusion, the role of the United Nations is ineffective in supporting development in Palestine and Rakhine, due to the inability of the Security Council to take any effective action due to the disagreement of the permanent members.
Characteristics of punishment for property embezzlement and appropriation by military personnel through abuse of office Sobko, Ganna; Chenshova, Natalia; Viunyk, Maksym; Duiunova, Tetiana; Palii, Evgenia
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.v31i1.25933

Abstract

The article is focused on the analysis of legislative regulation of sentencing and exemption from punishment of persons who have committed criminal offenses connected with the appropriation and embezzlement of military property by military personnel through the abuse of official position. The variability of responsibility for the appropriation and embezzlement of military property was analyzed, beginning with the Criminal Code of 1960, the effective Criminal Code of 2001, and the draft of new criminal legislation on this criminal offense. This study employed a comparative legal analysis of responsibility according to administrative and criminal legislation, defines the level of punishment for the committed offenses, and presents. The author’s classification of disciplinary, administrative, and criminal responsibility. Criminal offenses related to corruption were also analyzed and the restrictions that cannot be applied to persons who have committed corruption offenses were investigated. This study also proposes a list of corrupt criminal offenses, explores possibilities for mitigating criminal liability for persons who have committed corruption criminal offenses that would not exceed the ban on mitigating criminal responsibility for corruption offenses, and considers the possibility of imposing additional types of punishment to persons who have committed criminal offenses in the area of the appropriation and embezzlement of military property. Statistical data on administrative and criminal proceedings on this issue were analyzed.
Legal protection of employee wage rights in bankrupt companies: evidence from China Jaelani, Abdul Kadir; Nuryanto, Ahmad Dwi; Fenitra, Rakotoarisoa Maminirina; Mujib, M. Misbahul; Luthviati, Resti Dian
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 2 (2023): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i2.25874

Abstract

This study aims to identify the factors contributing to the legal protection of workers' wage rights in bankrupt companies in China, focusing on aspects that have not been grounded in social justice. This research is also to formulate and form a legal protection model for workers' wage rights in bankrupt companies based on social justice in Indonesia and China. This research is empirical. The research data is in the form of primary and secondary data (primary and secondary legal materials). The study results show that the factors that cause legal protection of workers' wage rights in bankrupt companies are not based on social justice and are the legal substance factor, namely the legal norms governing workers' wage rights and other rights. When a company goes bankrupt, there is non-uniformity in the priority hierarchy of creditors in the Bankruptcy Law, General Provisions on Tax Implementation Procedures, and Labor Laws. Another factor is the legal and structural factor, which only involves the trustee and supervisory judges in the settlement of bankrupt assets. The last factor is the legal culture, where participation in the payment of bankruptcy assets is minimal and the current economic system tends to be capitalist. Indonesia must take the Chinese government as an example; China places a premium on modifying labour standards to safeguard the rights and interests of workers in all circumstances and promote economic and social development.

Page 25 of 30 | Total Record : 291

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