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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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Intellectual property synergies: merging halal certification with Indonesian communal intellectual property rights laws Disemadi, Hari Sutra; Alhakim, Abdurrakhman; Silviani, Ninne Zahara; Febriyani, Emiliya
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.v32i1.30143

Abstract

Indonesia possesses significant potential to enhance and expand its halal industry, leveraging its unique cultural assets from many of its indigenous communities. One of the ways to ensure the growth of the halal industry is the facilitation of IPR protection through the legal framework. Using a normative method supported by a statutory approach, this research analyzed the challenges and potentials of integrating halal certification into the communal IPR system in Indonesia. The analysis found many restrictions within the existing positive laws which can prevent the integration of halal certification into the communal IPR system. This research proposed a model of communal IPR according to the challenges identified, along with the normative construction needed to establish it. This model mainly focused on providing normative spaces for the integration of sharia compliance while also making sure that the purposes of IPR protection are fulfilled.
Islamic Law’s role in developing policies prohibiting homosexuality as a crime against morality in Indonesia Widyawati, Anis; Arifin, Ridwan; Setyanto, Heru; Syahputra, Bearlly Deo; Sabri, Zaharuddin Sani Ahmah
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.v32i1.30576

Abstract

This research examines the significance of the Islamic law doctrine's role in the development of policies aiming to prohibit homosexuality as a crime against morality in Indonesia. The study focuses on the foundational contributions and core principles of Islamic law that form the basis for shaping policies concerning the issue of homosexuality. The research methodology involves an in-depth analysis of primary Islamic legal sources and an exploration of Indonesia's positive legal framework that influences the direction of these policies. Furthermore, the research encompasses legal case studies, an exploration of relevant literature, and an Islamic legal perspective regarding the efforts to prohibit homosexuality. Consequently, the research results deepen the understanding of the contributions and relevance of Islamic law in formulating policies that regulate homosexuality as a crime against morality in Indonesia. Moreover, this study aims to identify challenges and opportunities associated with implementing these policies.
The Islamic Law-based design of regional head post-filling Siboy, Ahmad; Permadi, Iwan; Karim, Zahlul Pasha; Karim, Firmansyah Abdul
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.v32i1.31261

Abstract

This research aims to elaborate on the standing of Islamic law regarding regional head post-filling and how this post-filling is designed to conform with the principle of Islamic law. This research employed mixed methods and statutory, conceptual, case, and normative-theological approaches. The research results reveal that Islam holds the principles that can be adopted into the constructions of the national law in the matter of regional head post-filling. In the time to come, this post-filling should conform to the principle of al muhafadhotu ala qodimis sholih wal akhdzu bil jadidil ashlah, in which this post-filling should refer to the applicable model coupled with the development of this model with an asymmetric post-filling system. With this approach, areas with direct regional head elections will face reduction. Consequently, the areas not eligible to establish direct elections should consider another election model.
Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective Aghbari, Fahad Al; Hassan, Muhamad Sayuti; Mamari, Saleh Al; Musa, Nurhafilah
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.v32i1.31493

Abstract

The Sultanate of Oman has acceded to CEDAW in 2005. However, Oman has reservations about a few articles of the said Convention because some of its provisions conflict with Islamic Sharia or Oman's national laws, including Article 16 of CEDAW.  Therefore, the objective of this article is to critically analyse Article 16 of CEDAW and the extent to which Oman Personal Status Law addresses marriage and divorce-related issues is compatible or in conflict with the Convention. To accomplish this objective, the research employs doctrinal legal research and an analytical approach to examine the texts of the Convention and their Omani equivalents. The analysis revealed that the courts could enforce the articles of CEDAW to assert rights, except for the provisions that Oman expressed reservations about. Oman has reservations regarding several features outlined in Article 16 of the aforementioned Convention, as they conflict with Islamic Law. The study highlights that the Convention effectively governs certain areas that promote gender equality in family matters, including stipulating that a woman's permission is necessary for marriage and her entitlement to dissolve the marital union by divorce or khulu' under appropriate circumstances. In addition, Oman effectively implements certain provisions of the Convention to strengthen women's rights by modifying domestic legislation. In conclusion, the Oman National Law is consistent with the CEDAW, except for the State's reservations concerning the implementation of Article 16 of the aforementioned Convention.
Child-friendly justice and children's rights from criminal cases; Islamic Law notes Purnamawati, Shinta Ayu; Aprilianda, Nurini; Endrawati, Lucky; Sulistiyo, Faizin
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.v32i1.31681

Abstract

This article aimed to discuss the Islamic law notes on child-friendly justice and the importance of protecting children's rights during the juvenile process. The reform of Juvenile Justice in Indonesia was based on the UN convention, where on January 26, 1990, in New York, the Indonesian Government signed the 1989 Convention on the Rights of Children. Thus, to protect children through criminal law, paying attention to the principles in the Convention on the Rights of the Child has been the norm. The Child Protection Law in Indonesia has regulated the age limit for a child who can be held accountable. The existence of provisions regarding the minimum age limit for children in the law is what is required by international documents, especially regarding the minimum age of criminal responsibility, namely at least 12 years. Such provisions are parallel to The Beijing Rules, which recommend an age limit that is not too low. The problem is the provision of the law that children under 12 years (meaning between 8-12 years) can still be processed for trial and can be subject to action. Even at the age of 8 years, it is still possible to process. The problem is whether the eight-year age limit needs to be higher. Even though they were not punished and were only subject to action, the experience during the process of being submitted to trial did not bring stigma and negative impacts for children of young age. Based on Islamic law notes, this article found that child-friendly justice
Indonesia's responsibility towards Rohingya refugees: analysis of the 1951 Refugee Convention Gunawan, Yordan; Novendra, Carissa Shifa; Febrila, Aldha
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.32164

Abstract

The Acehnese people refused the boat carrying more than 200 Rohingya migrants in early 2024; therefore, UNHCR is pleading with the Indonesian authorities to allow them to disembark. The UNHCR report states that there are currently 1,608 Aceh refugees, including 140 survivors from the previous year. People are increasingly worried about the impact of the significant influx of Rohingya individuals in Aceh. Indonesia's acceptance of those seeking safety for humanitarian reasons has significantly affected the Acehnese population. Indonesia is being pressured to provide assistance to Rohingya refugees despite not being a signatory to the Refugee Convention. The issue at hand is whether Indonesia is legally obligated to help Rohingya refugees under the Refugee Convention. This study utilized normative legal research, commonly known as document analysis involving a qualitative examination of secondary data sources. The investigation included sources such as books, papers, and treaties, specifically focusing on the Refugee Convention of 1951. Indonesia, as it is not a signatory to the Refugee Convention, does not have a legal duty to aid the Rohingya refugees in Aceh based on the Refugee Convention. This study employed normative legal research, analyzing documents qualitatively with secondary sources like books, articles, and treaties, notably the 1951 Refugee Convention. Consequently, since Indonesia has not ratified the Refugee Convention, it is not bound by legal obligations to assist the Rohingya refugees in Aceh. However, Indonesia still maintains a responsibility according to the Universal Declaration of Human Rights.
The implementation of Maqashid Sharia: heterogeneity of scholars' fatwas towards Islamic banking contracts Arfan, Abbas; Arfan, Iklil Athroz; Alkoli, Abdulrahman; Ramadhita, Ramadhita
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.v32i1.32170

Abstract

This study aims to analyze the differences in fatwas among scholars in the Middle East and South East Asia (Indonesia and Malaysia) towards various Islamic Banking Contracts products and assess the implementation of maqâshid al-sharia within the variety of fatwas mentioned. This study employed a qualitative approach and fatwas from the Middle East and South East Asia as the primary data, while the secondary data were obtained from books on Muaamalah Fiqh and Islamic Banking. The data were garnered based on a literature review with a content analysis technique. The descriptive-inductive method with a reflective way of thinking is used for data exposure, leading to the following findings: 1) There are differences in fatwas towards three Islamic Banking contracts: a) The determination of the deposit contract in the Middle East is stipulated in a qardh contract in a non-investment account; meanwhile, in South East Asia it is stipulated in a wadiah contract; b) in terms of Murâbahah contract, some of the Middle East scholars forbid it, while, some of South East Asian scholars and few scholars from Middle East allow it, and; c) in terms of the al-Ijarah al-muntahiyyah bi al-tamlik, most of Middle East Scholars forbid it, but South East Asian scholars allow it; 2) The implementation of maqâshid sharia within differences of fatwas among scholars has been appropriately implemented in accordance with Islamic law specified under contracts in Islamic banking products in Muslim countries.
Ratio of justice and sense of justice: the spread case of HIV/AIDS in Indonesia Thahir, Putri Shafarina; Sunaryo, Sidik
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.v32i1.32333

Abstract

This article discusses the integration between the ratio of justice and a sense of justice in strengthening bioethical values ​​and Islamic law. The ratio of justice is based on applicable legal norms, while the sense of justice is based on human feelings or intuition. Justice, one of the values ​​of bioethics, shows no conflict with the Islamic religion, and it is needed because bioethics emphasizes thinking development to determine the good and bad sides or ethical dimensions of biological aspects, including medical matters related to life. By approaching cases through concrete examples such as the spread of HIV/AIDS, which mainly occurs due to infidelity, positive criminal law and Islamic law have different ratios of justice and sense of justice. Sanctions in Islamic law tend to be more severe, with the application of stoning to perpetrators of adultery. However, the balance between the ratio of justice and the sense of justice here must consider the medical and beneficial impacts on society.
Death penalty in Indonesia: between criminal law and Islamic law perspectives Tongat, Tongat
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.v32i1.32335

Abstract

This study seeks to discuss the implication of the regulation of the death penalty following the promulgation of Law Number 1 of 2023 concerning the Penal Code which has changed the standing of the death penalty from basic punishment to special punishment seen from the perspectives of positive law and Islamic law. This study employed socio-legal methods, presenting two primary issues of the reconstruction of the regulation concerning the death penalty in Indonesia and how Islamic law reinforces the reconstruction of the regulation of the death penalty in Indonesia. This study has brought to the following two conclusions: notwithstanding its application of the death penalty in the country, Indonesia is attempting to restrict its application. The reformed Criminal Law, particularly after the promulgation of Law Number 1 of 2023 concerning Criminal Law, adjourns the death penalty, while the defendant on a death row is given a chance to fix his/her attitude for a particular period (10 years). When the defendant demonstrates a good attitude within this time frame, the imposed death penalty is superseded by imprisonment. This policy is intended to serve as the last resort when the defendant cannot be corrected and as the middle way of balancing between the pros and cons of the death penalty in Indonesia. Moreover, Islamic values as the source of law are also behind these pros and cons, reinforcing the existence of the death penalty in Indonesia, considering that the death penalty from the Islamic view remains recognized as one of the applicable punishment practices.
The role of State Official Wealth Report in realizing the principles of Maqashid Sharia Nuryanto, Ahmad Dwi; Jaelani, Abdul Kadir
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.v32i1.32879

Abstract

This research aims to examine and analyze problems related to the implementation of maqasid sharia principles in effective reporting of state administrators' assets in Indonesia and to look for factors causing the ineffectiveness of legal instruments for reporting state administrators' assets in realizing the general principles of government in Indonesia. This research employed a normative legal method, with its prescriptive and applied nature. The research results show that, first, the implementation of maqasid sharia principles in reporting the assets of state administrators is in line with Hifz al-din (maintaining religion), Hifz an-nafs (maintaining the soul), Hifz al-aql (maintaining reason), Hifz an-nasl (maintaining offspring), and Hifz al-mal (maintaining assets); however, the challenge of implementing the principles of maqasid sharia in regulating the reporting of state administrators' assets requires a strong commitment from legal institutions, government, and society. Second, the factor causing the ineffectiveness of the legal instrument for reporting state administrators' assets still needs to be a more vital law enforcement factor. This can be seen in the LHKPN reporting instrument, which is the responsibility of the Corruption Eradication Commission. To deal with these problems, a legal instrument for reporting state administrators' assets is needed to embody the General Principles of Good Governance in Indonesia based on eight principles that the law must fulfil as a basis for forming reasonable regulations.

Page 27 of 30 | Total Record : 291

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