cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
-
Contact Email
-
Phone
-
Journal Mail Official
-
Editorial Address
-
Location
Kota malang,
Jawa timur
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
 24   25   26   27   28 
Inquiring into the sustainable tourism village development through the social complexity of adat peoples in digital era Fadli, Moh; Hadiyantina, Shinta; Cahyandari, Dewi; Liemanto, Airin; Sholehudin, Miftahus
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.v31i2.26438

Abstract

This research aims to inquire into the concept of sustainable tourism development currently taking place in tourism villages in Indonesia, added with the criteria of social complexity of the locals in the digital era. With a qualitative approach, this research obtained samples of the people of Inner Inner Baduy – Banten, Tenganan Pegringsingan – Bali, and Wonokitri – Tengger. Observation, in-depth interviews, and Focus Group Discussion were also performed to gain validated data, which were further analyzed based on SWOT to help formulate the strategies for sustainable tourism village development. The research results indicate that there was disharmony between the policies of the state and the economy of the Adat peoples, cultural exoticism and modernity, economic development, and the culture of adat tourism. Therefore, the process of planning and setting the criteria for sustainable tourism development should take into account the complexity and social diversity. Furthermore, a Plan for Digital Inclusion for adat people needs to be developed. The contribution of this research is expected to help reduce the disharmony of interest in the development of adat tourism villages and bring about the concept of sustainable tourism development to boost the authenticity of adat villages that correspond with their uniqueness in the digital era.
Legal challenges to the protection of labor rights of refugees in the digital age Vakhoneva, Tetyana M.; Mykolayets, Dmytro A.; Hryshyna, Yuliya M.; Yurovska, Viktoriia V.; Dyachenko, Olha A.
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.v31i2.26576

Abstract

The relevance of the problem of protection of the rights of persons granted refugee status is due, in particular, to the fact that the increase in the number of refugees and related political, economic, and social problems confirms the need to reassess and rethink the legal status of this category of persons and to develop a new approach to the analysis and solution of the refugee problem at both international and regional levels. The situation in Ukraine also confirms the fact that not all states are ready to cooperate within the framework of international law and prevent human rights violations, which, in turn, can lead to an increase in the number of refugees. Therefore, the issue of protecting their rights does not lose relevance in scientific research. The purpose of the article is to study the general features of obtaining refugee status and the exercise of the right to work by such persons. The author analyzes the normative sources of international and national law on the relevant topics. In addition, the author examines the practical aspects of the exercise of the right to work by refugees, in particular the problems faced by such persons and suggests possible solutions to existing problems. The leading method used for the study is the formal legal method. Its application determined the feasibility and validity of the study. This method was used in the analysis of legal acts regulating the protection of labor rights of refugees, namely: acts of international law, legislation of the EU member states, Asian countries, as well as national law of Ukraine.
Waste management without direction in Indonesia: a proposed legal reform towards smart cities Listiningrum, Prischa; Dahlan, Moh.; Anwary, Muhammad Anis Zhafran Al; Wahyuni, Herlin Sri; Bachtiar, Rizqi
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.v31i2.27375

Abstract

This article delves into the regulation of municipal solid waste management (MSW) in Indonesia, viewed from the concepts of smart city and circular economy. The legal politics of Law Number 18 of 2008 on Waste Management has been restricted to the concept of 3Rs: reduce, reuse, and recycle. The idea of a circular economy refers to the principle of 10 Rs, consisting of refuse, rethink, reduce, reuse, repair, refurbish, remanufacture, repurpose, recycle, and recover. The concept of circular economy is believed to be essential to achieving the decarbonization goals mandated by the Paris Agreement. With a socio-legal approach, this research examines to what extent Waste Management Law can serve as the basis for implementing a circular economy in municipal areas. This research reveals that the concept of a circular economy has yet to be applied to manage waste in a municipal scope. Circular economy-based smart cities in MSW management can only be achieved through adequate facilities and changes in people’s behaviour. However, it is still questionable whether the Municipal Government is fully obliged to manage household waste because the Waste Management Law is silent on this matter but clearly states the community’s obligation to reduce and handle household waste as a waste producer. The division of waste-handling tasks also exacerbates this in several agencies, which, in practice, creates confusion for society. Hence, legal reforms are needed to reconcile the conflicting problems.
The legal protection system of indigenous peoples in Southeast Asia Aditya, Zaka Firma; Al-Fatih, Sholahuddin
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.v31i2.27619

Abstract

Globalization has a bad impact on the indigenous peoples in Southeast Asia countries. The demands of globalization have led the governments in Southeast Asia countries to exploit and industrialize indigenous regions excessively, resulting in marginalized indigenous peoples and the threat of extinction. Not intended for the benefit and welfare of indigenous peoples, the policy made by the government in several Southeast Asia countries did much to reduce the value of humanity and the rights of indigenous peoples. Even with rapid industrialization in Southeast Asia countries, many indigenous peoples are poor, left far behind, and illiterate due to isolation from the outside world. This paper aims to analyze the legal protection of indigenous people in Southeast Asia, especially in facing digital age. By normative juridical method, this paper found that the government and developers' exploitation of indigenous peoples in the region has always been laden with conflicts between the government, the developers (economic motive), and indigenous peoples, and such conflicts of interest are usually won by the interests of the government and/or developers. Indigenous peoples' right to sue for damages caused is sometimes hampered with difficulty simply because the government holds powerful and dominant standing in courts. Moreover, most countries in the Southeast Asia region does not have customary courts in their judicial institution.
Digital transformation: creating an effective and efficient court in Indonesia Amarini, Indriati; Saefudin, Yusuf; Kartini, Ika Ariani; Marsitiningsih, Marsitiningsih; Ismail, Noorfajri
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.v31i2.28013

Abstract

This article discusses digital transformation as an effective and efficient paradigm in court services in Indonesia. The Supreme Court has used digital transformation in court administration by developing an electronic court system or e-Court since 2018. However, procedural law has no legal basis related to electronic trials. The development of online dispute resolution is very fast, while procedural principles regarding due process and neutrality must remain the court's main task. In addition, establishing Internet courts involves three fundamental legal ethical principles: restoring the ceremonial aspects of litigation and creating risk management mechanisms between the legal and technological systems. This study aims to analyze the court's efforts to create an effective and efficient trial in Indonesia. A normative legal method was employed, incorporating various approaches such as the statute, conceptual, and comparative approaches. The research results show that the digital transformation policy was incorporated into the 2010-2035 blueprint of the Supreme Court of the Republic of Indonesia, which has brought about the need to accelerate digital transformation in the justice system. Settlement of civil disputes is carried out using an electronic court (e-court) application with an electronic litigation (e-litigation) mechanism. Meanwhile, the criminal trial was conducted through teleconference media. Still, they have encountered obstacles: limited facilities and infrastructure in conducting the trial, such as internet stability in various regions and limited courtrooms with electronic trial equipment. Need to improve infrastructure and improve the quality of human resources.
Examining the complexity of child marriage as sexual violence in digital era Sudirman, Sudirman; Ramadhita, Ramadhita; Bachri, Syabbul; Duran, Büşra Nur
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.v31i2.28881

Abstract

Child marriage in the digital era is an interesting fact because this type of marriage is classified as sexual violence. However, child marriage is very common in Indonesia because of many factors. Child marriage in the digital era is known to have triggered many problems, such as reproductive health problems, domestic violence, and divorce. However, considering child marriage as a criminal offense of sexual violence (TPKS) as stated in Law Number 12 of 2022, is unwise. Departing from this issue, this research identifies three reasons why child marriage cannot be categorized as sexual violence in the digital era. The results of this paper show that child marriage in Indonesia is inevitable due to three main arguments: Islamic teachings permit child marriage, the high number of marriage dispensations, and the TPKS Law focuses more on protecting women, not the spouses of child marriage perpetrators. Another cause of child marriage is poor education in the digital era, coupled with poor understanding of the importance of self-protection from promiscuity in the digital era among community members. Education on gender equality and reproduction also has not been properly applied. Finally, marriage guidance for teenagers and prospective brides in the digital era has not been implemented yet.
Collaborative efforts in ASEAN for global asset recovery frameworks to combat corruption in the digital era Arifin, Ridwan; Riyanto, Sigit; Putra, Akbar Kurnia
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.v31i2.29381

Abstract

In the contemporary digital age, corruption has evolved into a common enemy, transcending borders and becoming a transnational and extraordinary crime. Within the ASEAN framework, corruption is no longer perceived as the concern of a single nation but as a shared threat to all member states and the global community at large. Despite the pervasive and deeply entrenched nature of corruption, concerted efforts have been made to combat this scourge. Among these measures, asset recovery stands out as an extraordinary tool, addressing not only the prevention and enforcement aspects but also the crucial task of repatriating ill-gotten gains to their rightful country of origin. Indonesia and the ASEAN community have entered into various treaties aimed at facilitating asset recovery, with the ASEAN Mutual Legal Assistance Treaty (AMLAT) serving as a pivotal legal instrument in this endeavour. Recognizing the transnational nature of corruption, interstate relations and diplomatic cooperation have assumed a vital role in supporting the success of asset recovery processes. This study explores the evolving landscape of corruption in the digital age, its transformation into a transnational concern, and the collective efforts undertaken within ASEAN to combat it. By focusing on asset recovery as an extraordinary measure, it sheds light on the multifaceted dimensions of eradicating corruption and emphasizes the importance of international collaboration in returning misappropriated assets to their rightful owners.
Legal challenges of combating international cyberterrorism: the NCB Interpol Indonesia and global cooperation Masyhar, Ali; Utari, Indah Sri; Usman, Usman; Sabri, Ahmad Zaharuddin Sani Ahmad
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.v31i2.29668

Abstract

This paper explores the important role played by the National Central Bureau (NCB) Interpol Indonesia in confronting the complex juridical challenges posed by international cyberterrorism and the relationship between the digital domain and international legal norms, offering insights into how NCB Interpol Indonesia manages this intricate landscape to combat transnational threats. It highlights the critical imperative of establishing a robust legal framework tailored to address the multifaceted dimensions of cyberterrorism, with a steadfast commitment to upholding human rights while maintaining the efficacy of counterterrorism initiatives. The paper examines NCB Interpol Indonesia’s approach to the legal aspects of counterterrorism, shedding light on their role in fostering international cooperation, extradition agreements, and the exchange of critical information. Furthermore, it scrutinizes the challenges associated with reconciling domestic laws and international obligations in the face of rapidly evolving digital tactics employed by terrorist entities. NCB Interpol Indonesia’s experience provides a compelling case study of how a national bureau interfaces with global legal principles, necessitating adaptability, collaboration, and a nuanced understanding of the ever-changing digital terrain. By exploring these juridical challenges, this paper contributes to the broader discourse on counterterrorism in the digital age, with valuable insights into the multifaceted role of NCB Interpol Indonesia and the legal frameworks that underpin their efforts.
A comparative assessment of digital platform worker protection in the EU and ASEAN Nur, Muhammad; Asmorojati, Anom Wahyu; Megawati, Megawati; Zuliyah, Siti; Isdiyanto, Ilham Yuli
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.v31i2.29823

Abstract

The rapid rise of the digital platform economy, connecting workers with employers, has transformed labor markets globally. This paper explores the regulatory approaches and policies safeguarding digital platform workers in the European Union (EU) and the Association of Southeast Asian Nations (ASEAN). While the EU demonstrates comprehensive labor protections, ASEAN's diverse economies present a tapestry of approaches. This analysis aims to provide valuable insights for policymakers, scholars, and stakeholders, shedding light on the evolving landscape of labor rights and the future of work in the digital age. This study uses a comparative research design to assess digital platform worker protection in the EU and ASEAN, highlighting differences, similarities, and emerging trends. It involves reviewing official documents and legislative texts from both regions to identify relevant policies and initiatives. This paper found that "digital labor" extends beyond the vast digital landscape, impacting various activities and transforming traditional tasks into digital processes managed by algorithms and automation. Platform workers in regions like the EU and ASEAN face challenges, including extended unpaid waiting times, lack of social security access, unpredictable earnings, and the downside of flexibility. The EU addresses these issues through comprehensive legislative efforts, emphasizing transparency, algorithmic oversight, and clear employment status definitions. In contrast, ASEAN's structure, based on consensus and voluntary cooperation, poses challenges. A binding regional agreement is challenging due to diverse socio-economic and cultural landscapes. Therefore, a non-binding declaration, supported by comprehensive guidelines, may offer a more practical approach. This declaration, symbolizing collective commitment, along with guidelines on best practices, could guide member states in tailoring their national policies to protect platform workers better.
A critical overview of Islamic Performance Bonds Amareen, Emad Mohammad Al; Al-Husban, Mustafa M.
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 1 (2024): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i1.29964

Abstract

Banks might finance international trade activities, including import and export, through letters of credit and letters of guarantee (performance bonds). This contract provides a high level of safety and stability for international trade because of the banks' unwavering assurances. This research intends to determine the degree to which Islamic Shariah regulations are followed by Islamic banks' activities while outlining the challenges these institutions face while using performance bonds. This study has highlighted the performance bond issues that importers and exporters are dealing with and has proposed solutions to the issues. This research uses a qualitative and doctrinal legal approach to investigate the structure of Islamic banks in relation to Islamic economic restrictions. This study analyses the organization of Islamic banks regarding Islamic economic controls. It also examines, how far Islamic banks can benefit from the blockchain and smart contract technology to harmonize Islamic economic controls with Islamic banks' practice in such funding & guarantees instruments. Concerning the Islamic letter of credit, the findings reveal that Islamic banks face many risks resulting from the conditions and controls set by the Islamic Trade Guidelines. Therefore, Islamic banks can face more risks than conventional banks due to the nature of Islamic finance, which prohibits dealing with interest (Ribā) and conventional insurance. furthermore, the study reveals that Blockchain Technology and smart contract has a Positive Impact on Islamic banking practise.

Page 26 of 30 | Total Record : 291

 24   25   26   27   28 

Filter by Year

2016 2025


Reset
Filter By Issues
All Issue Vol. 33 No. 1 (2025): March Vol. 32 No. 2 (2024): September Vol. 32 No. 1 (2024): March Vol. 31 No. 2 (2023): September Vol. 31 No. 1 (2023): March Vol. 30 No. 2 (2022): September Vol. 30 No. 1 (2022): March Vol. 29 No. 2 (2021): September Vol. 29 No. 1 (2021): March Vol. 28 No. 2 (2020): September Vol 28, No 2 (2020): September Vol 28, No 1 (2020): Restorative Justice in Indonesia Legal System Vol. 28 No. 1 (2020): March Vol 28, No 1 (2020): March Vol 27, No 2 (2019): September Vol. 27 No. 2 (2019): September Vol. 27 No. 1 (2019): Maret Vol 27, No 1 (2019): Maret Vol. 26 No. 2 (2018): September Vol 26, No 2 (2018): September Vol 26, No 1 (2018): Maret Vol. 26 No. 1 (2018): Maret Vol. 25 No. 2 (2017): September Vol 25, No 2 (2017): September Vol 25, No 1 (2017): Maret Vol. 25 No. 1 (2017): Maret Vol 24, No 2 (2016): September Vol. 24 No. 2 (2016): September Vol 24, No 1 (2016) Vol. 24 No. 1 (2016): Maret Vol 24, No 1 (2016): Maret More Issue