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
 26   27   28   29   30 
Recognition of the right to participation of tribal peoples in the repatriation of Lombok treasures Liemanto, Airin; Fadli, Moh.; Kusumadara, Afifah; Haq, Lalu Muhammad Hayyanul
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.v32i2.33052

Abstract

This research explores the absence of the peoples of customary law in returning Lombok treasures before, during, and after repatriation, while international law and law in Indonesia recognise and respect the right to self-determination and participation of the people of customary law in a cultural sector. This article employed a normative-legal method supported by conceptual and case approaches. A descriptive-prescriptive method was employed, and data were analysed using content analysis. The results show that the government faces the challenge of determining official representatives of tribal peoples. Another challenge came from inadequate infrastructure and budget. The absence of the tribal peoples has led to the failure of achieving the reconciliation of unfair history, blocked access to helping with the research on the origin of the objects of cultural heritage, reinforced the content of agreements and cooperation of repatriation, and reintegrated the missing objects into their cultural context. This gap can be solved with two strategies reinforcing the role and participation of the tribal peoples in the repatriation process, namely by setting up the legal framework for the repatriation of cultural heritage objects and strengthening the involvement and legal standing of the tribal peoples. Through the study of Lombok treasures, this research contributes a valuable lesson and awareness, indicating that the State should recognise the right to participation of the peoples of customary law in an attempt to repatriate other objects of cultural heritage in the time to come.
Inconsistency in freedom of contract for banking dispute resolution in Indonesia Suryadi, Suryadi; Marwa, Muhammad Habibi Miftakhul; Muhammadi, Fauzan; Zuliyah, Siti; Megawati , Megawati
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.v32i2.33121

Abstract

This research interprets the manner and existence of contradictions in POJK No. 61/POJK.07/2020's declaration regarding the freedom of contract while choosing banking dispute resolution forums. Primary and secondary legal materials comprise most of the secondary data in this normative legal study. The information was gathered from the literature and examined using analytical and interpretive methods. The study's findings emphasised how Indonesian banking dispute resolution forums are chosen inconsistently with the idea of freedom of contract. The findings demonstrated the necessity of legal harmony in rulemaking to guarantee the coherence and consistency of all legal principles underlying different laws. This article argues that legal harmony is essential for aligning various legal concepts across diverse regulations and significantly contributes to the identification of the policy's inconsistency, which restricts the ability to choose a banking dispute settlement venue without restriction. The findings of this study may provide the basis for more research on how the policy affects banks and their clients. The findings could also be used as a reference for policymakers to improve the current policy and to ensure that the principle of freedom of contract is preserved in banking dispute resolution. Overall, this research provides valuable insights into the current policy and its impact on the banking industry in Indonesia.
Model for resolving election violations through Indonesian Election Body and Constitutional Court Borman, M. Syahrul; Marwiyah, Siti; Cornelis, Vieta Imelda; Lazuardi, Irwan; Kaewhanam, Phimlikid
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.v32i2.33711

Abstract

This study formulates a model for resolving disputes over election violations through the Election Supervisory Body and the Constitutional Court in Indonesia. This research analyses juridical and normative theories, policies, and legal decisions, as well as studies of cases of election violations in 2014 and 2019. This research method uses qualitative research with a grounded theory approach and a normative juridical approach. The data sources comprise primary and secondary legal materials. The results of this study show that 1) Problems with violations of the electoral process and disputes over election results have not been resolved properly. 2) The model of resolving violations of the electoral process and disputes over election results is with a settlement model approach through the Application of the Critical Attitude Model of Public Militancy and Law Enforcement Militancy by the Election Supervisory Body and the Constitutional Court.
Excusing child offenders: a victim justice perspective Aprilianda, Nurini; Ansori, Ansori; Maharani, Febrianika
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.v32i2.33937

Abstract

This paper aims to explore the essence of the excuse defense for child offenders and justice for victims. In uncovering its meaning, doctrinal research is conducted with a legislative and conceptual approach, accompanied by a teleological interpretation of legal materials. The research findings indicate that the excuse defense is granted to children under the age of 12 who commit criminal offenses not because their actions are forgiven but due to their inability to form intent or comprehend the consequences of their actions. On the other hand, victims, as the injured party, must also receive justice. The author believes that the government should reconsider the application of the excuse defense for children. The government must also be more selective in determining appropriate sanctions for children based on the nature of the crime committed. If the child's actions result in significant material or immaterial harm, restorative justice may serve as a viable option to balance the interests of both parties, restore the victim's situation, and divert the child from judicial proceedings, thereby achieving a win-win solution.
The government's role in legal protection of land ownership: Urutsewu case Hariyanto, Hariyanto; Idamatussilmi, Idamatussilmi; Rismana, Daud
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.v32i2.34254

Abstract

Legal protection involves safeguarding human rights violated by others and ensuring the community fully exercises its legally granted rights. In Urutsewu, the conflict arose from the differing perceptions between the TNI and local farmers. The TNI uses the area for defence and weapons testing, while farmers use it to grow crops to support their families. Both parties claim land in Urutsewu for their reasons because there is no clarity on the ownership status between them. This study uses a socio-legal approach, analysing the intersection of law and society by considering social, cultural, and political factors that affect the functioning of the legal system, which aims to examine the government’s role in the protection of law and human rights and its efforts to resolve land ownership disputes in the coastal land area of Urutsewu Kebumen. Progress is being made in recognising legal protection and human rights for land rights ownership in Urutsewu, with land specifications now being clarified for both residents and the TNI. The land disputes stem from unclear land ownership (no certificate), prompting both parties to initiate land registration to ensure legal certainty and land protection in Urutsewu.
The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law Rahayu, Devi; Supaat, Dina Imam; Yusuf, Mirna
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.v32i2.34993

Abstract

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.
Does the Indonesian National Army develop democracy and human rights? a comparative perspective Anwar, Anwar; Salmah, Halimatus Khalidawati; Fatkhurohman, Fatkhurohman
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.v32i2.35017

Abstract

This study analyses the role of the TNI in the development of rule-of-law democracy and human rights. The study compares the approaches and challenges of strengthening democracy through military means with those of the US. Some of the questions addressed include the role of the TNI in the development of constitutional democracy and human rights in Indonesia and the comparative role of the TNI and the U.S. Armed Forces in supporting the principles of democracy and human rights. This research uses a comparative approach by comparing legal literature and case studies from Indonesia and the United States. This research shows that the TNI has an important role in building a democracy based on law and human rights in Indonesia. The United States military and the TNI have several key aspects to illustrate their respective strengths and challenges for comparison. First, regarding civilian control and political influence, the US Armed Forces have a more established system of civilian control and political separation than the TNI. Nevertheless, the TNI has shown significant progress in reducing its political influence and strengthening civilian control. Second, in human rights education and training, the US Armed Forces generally have a more structured and tested system of human rights training and supervision compared to the TNI, which is still in the process of strengthening. Third, in oversight and accountability, the US Armed Forces generally have more structured and effective oversight and accountability mechanisms than the TNI. However, significant efforts have been made in Indonesia to improve these systems. Both countries have their strengths and weaknesses, but it is important to recognize the achievements and efforts of both.
Does the Government have the authority to annul Regional Regulations? Sukardi, Sukardi; Wardana, Dodi Jaya
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.v32i2.35027

Abstract

The existence of a dualism in the authority to annul Regional Regulations by the Supreme Court through judicial review and by the Government through executive review has been a significant issue. However, through the Constitutional Court Decisions Number 137/PUU-XIII/2015 and Number 56/PUU-XIV/2016, the Government's authority to annul Regional Regulations has been revoked, transferring this authority to the Supreme Court. This article discusses the ratio decidendi of the Constitutional Court decisions regarding the authority to annul Regional Regulations and the implications of these decisions on the mechanism for supervising Regional Regulation. This normative juridical research employs conceptual, case, and statutory approaches. The analysis shows that the decisions of the Constitutional Court Numbers 137/PUU-XIII/2015 and 56/PUU-XIV/2016 led to a significant reduction in the quality and execution power of the Supreme Court decisions concerning judicial reviews, creating potential policy conflicts between central and regional governments, and between petitioners and local governments, and hindering the supervision of Regional Regulations due to the Supreme Court's reactive nature in awaiting applications.
Human rights and social justice in Quranic contexts: a global trend A.N., Andri Nirwana; Mahmudulhassan, Mahmudulhassan; Marshal, Fahmi Dolles; Muthoifin, Muthoifin; Fadli, Nazar
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.v32i2.35088

Abstract

Scholarly interest in the study of social justice and human rights in Quranic contexts has increased in light of global conversations about ethical governance, equality, and justice. To fully comprehend how Islamic texts contribute to current human rights discourses, this study aims to present a bibliometric analysis of key trends, authors, and themes in the literature surrounding these problems. Using R/R-Studio, Vosviewer, Microsoft Excel, and a Boolean search on Scopus, data from 2019 to 2024 is analysed to identify important trends, authors, affiliations, and thematic developments within these interconnected disciplines. The results show a wide range of research interests and substantial publication activity with noteworthy contributions from different nations and institutions. Network visualisations highlight the transdisciplinary nature of the discourse by illuminating the relationships and co-occurrences of important terms. This study offers important insights into the development of scholarly research on these important subjects, laying the groundwork for further research and educating practitioners and politicians on the relationship between social justice, legal doctrine, and religious texts.
The patent rights of pharmaceutical products and death: between economic balance and human rights Suryahartati, Dwi; Windarto, Windarto; Nuriyatman, Eko; Kadir, Nor Aida binti Ab
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.v32i2.35226

Abstract

This study further highlights the relevancy between patent rights and human rights. The impact of the availability and accessibility of essential medicines necessary for Public Health is significant. This study primarily aims to analyze and examine the relationship of patent rights on medicines and pharmaceutical products with human rights and to criticize and evaluate whether the Indonesian government has a policy configuration in the field of essential drugs and the pharmaceutical industry following the principles that support human rights. This research employed qualitative and normative-juridical methods supported by conceptual, statutory, and legal political approaches. Using the theories of legal objectives, utility, and justice, this research focuses on understanding economic law and human rights.  Through in-depth analysis, this study highlights how the patent system for drugs and pharmaceutical products encourages innovation and faces criticism due to limited access for economically vulnerable groups. Hence, the right to health is hampered while the state is responsible for universal access to affordable health care.   The findings of the study indicate that the Patent Rights on drugs and pharmaceutical products are exclusive rights that intersect with human rights in the drug patent system. Several parameters can be used to examine the relationship between human rights and intellectual property. It is necessary to reform the drug patent system to protect the balance and human rights. The findings contribute to a complex understanding of the relevance of patents to human rights while providing a basis for inclusive and sustainable policy development in the global health domain.

Page 28 of 30 | Total Record : 291

 26   27   28   29   30 

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