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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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The urgency of regulating forfeiture of assets gained from corruption in Indonesia Hufron, Hufron; Fikri, Sultoni
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.v32i2.35243

Abstract

Corruption threatens democratic principles that highly value transparency, accountability, and integrity. Indonesia must continuously innovate in its efforts to combat corruption. Establishing more comprehensive asset forfeiture regulations is crucial, given the increasing rates of corruption. This study addresses two main research questions: 1) Asset forfeiture regulations in various countries; 2) The urgency of regulating asset forfeiture for corruption crimes in Indonesia. This research employs a normative legal research method, using a literature study to collect legal materials. The findings indicate that various countries have established and implemented asset forfeiture regulations with different concepts, namely Conviction-Based Asset Forfeiture and Non-Conviction-Based Asset Forfeiture. However, Indonesia does not yet have specific provisions and only treats asset forfeiture as an additional penalty.
The implementation of state's rights and obligations in outer space: is it equal? Yusliwidaka, Arnanda; Roisah, Kholis; Setiyono, Joko
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.v32i2.35312

Abstract

The provisions of Outer Space Law govern a state's activities in outer space. The implementation of such activities needs advanced technology, which limits the ability of many countries to explore and exploit outer space. Data indicates that developed nations dominate outer space management, leaving countries without access to sophisticated technology unable to participate fully in space exploration and exploitation. This dominance triggers disparity between developed and developing countries, leading to unequal application of rights and obligations as outlined in Outer Space Law. While the law promotes international collaboration to address this issue, it does not explicitly require developed countries to involve developing nations in outer space activities. This study aims to refine the concept of international collaboration to ensure fair management and exploitation of outer space by all countries. This study is normative in nature, focusing on evolving the concept of international collaboration in outer space. Primary and secondary legal materials and non-legal sources were used as secondary data collected through a literature review and analysed qualitatively. The developed concept emphasises international cooperation and mutual assistance, proposing a framework for collaboration between developed and developing countries. This concept seeks to ensure equitable management of outer space. It reshapes the rights and obligations of states by encouraging all launching states to involve developing countries in space exploration and exploitation.
Collocation of restorative justice with human rights in Indonesia Ismail, Dian Ekawaty; Arsyad, Yusna; Ahmad, Ahmad; Nggilu, Novendri M.; Yassine Chami
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.v32i2.35374

Abstract

Applying restorative justice in Indonesia is beset by obstacles like a lack of knowledge, inadequate infrastructure, and opposition from law enforcement, especially when human rights considerations are incorporated into the process. For this reason, the relationship between these two elements is worth examining. This paper explores and analyses the integration or synthesis of restorative justice with human rights in Indonesia. This paper employs a normative approach with prescriptive analysis based on studies of legislation and cases that integrate the principles of restorative justice with human rights. The findings indicate that collocation helps understand how grammatical structures can reflect and influence the interpretation of restorative justice in human rights, particularly in legal texts and policy reports. In Indonesia, restorative justice can be used in conjunction with the enforcement of human rights laws, particularly when addressing grave human rights breaches, since it emphasizes balanced reconciliation, recovery, and reintegration between offenders, victims, and society. In conclusion, although it has several implementation and legal issues, restorative justice can be an alternate strategy for resolving grave human rights breaches. The recommendations are for a stronger and more comprehensive legal framework to support the implementation of restorative justice in Indonesia's human rights context.
Urban agrarian reform: opportunities and challenges for land rights among low-income communities Suhadi, Suhadi; Niravita, Aprila
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.v32i2.35842

Abstract

Agrarian reform has typically focused on the redistribution of land in rural areas, specifically targeting farmers and agricultural tracts of land. This study explores the potential for agrarian reform in urban settings and the challenges facing low-income individuals in acquiring land rights essential to adequate housing. Using statutory and theoretical perspectives demonstrates that ample opportunities still exist for urban agrarian reform to take hold via the expropriation of state-owned land and land whose rights have lapsed. Public land that has not been dedicated as a waqf or even recognized as government property and historic land rights where the building rights expired and without any application to extend those rights present empirical reform opportunities. Despite these opportunities, urban land rights remain a contested space. Many poor people live on untitled land because such a thing is considered disputed by public authorities. Conflicts arise from the physical duration of inhabitants' occupation, which is in severe contrast to claims found with entities holding either outdated or inadequate property documentation. The official bodies, particularly the Land Office, are hesitant to issue land certificates due to these conflicts. The uniqueness of this research lies in its focus on urban land reform and its implications for the poor, thus highlighting a gap in existing literature that focuses largely on rural settings. This important research study depends on the emerging need for appropriate and certain housing options in cities. The importance of this study to the discipline is that it fosters the application of national land law principles, namely equity, legal certainty, and practicality, to disputes over urban land, providing a framework for a fairer distribution of land rights.
Legal protection of personal data security in Indonesian Local Government apps: Al Farabi's perspective Amnesti, Sheila Kusuma Wardani; Zulaichah, Siti; Istiqomah, Nurul
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.34623

Abstract

The rapid advancement of technology is a double-edged sword. While it provides easy access to information, it also opens the door to unrestricted access, including personal data. Governments worldwide are leveraging technology to enhance their connection with citizens and deliver top-tier public services. In this vein, the Provincial Government of DKI Jakarta as an Indonesian local government, launched a SuperApps called JAKI in 2019 as a dynamic platform for two-way communication between DKI Jakarta residents and local authorities. This research employs empirical juridical methods, incorporating statutory and conceptual approaches. Drawing from primary sources, including DKI Jakarta Regional Secretariat Decree Number 99 of 2022 concerning the Citizen Relations Management application and interviews with the Smart City Developer Service Unit, the study demonstrates that JAKI ensures robust data security. The app complies with ISO 2700, an international standard that regulates information security management systems and fulfils the three core components: confidentiality, integrity and availability. Furthermore, in alignment with Al Farabi's concept of information security accountability, the emphasis is placed on collaborative social responsibility between data owners and collectors, represented by DKI Jakarta Provincial Government. This cooperation is both fair and beneficial, adhering to the fundamental principles of political philosophy and ethics.
The right of local government employees to expungement of disciplinary offences processed digitally in Jordanian and Qatari legislation Aljazi, Jehad D.
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36212

Abstract

This paper examines a right that has emerged due to the activities performed by users on the internet, specifically the right to digital expungement of disciplinary offences committed by Municipal Employees and the penalties imposed on them, and its relationship with public service. The issue addressed is whether the legislative provisions in Qatar and Jordan are sufficient to safeguard and preserve this right. This paper demonstrates all the legal provisions related to the right to digital expungement of disciplinary offences and applies an analytical comparative approach between the Jordanian and Qatari legislation.  In conclusion, with several findings and recommendations, this study highlights the existence of a relationship between the right to digital expungement and the statute of limitations for disciplinary offences and penalties due to the similarity in their legal effects. The study recommends reversing the recent amendment to the Civil Service Regulation No. 34 of 2024, which deleted the provisions related to the statute of limitations for disciplinary offences and the expungement of disciplinary penalties after a certain period defined by the relevant stipulations. It suggests adding these provisions to the new Human Resources Management Regulation No. (33) Of 2024.
Criticism of legal protection for victims of drug abuse: the disharmony in legal substance regulation Laksana, Andri Winjaya; Widodo, Hendro; Siswanto, Moh Aris; Djunaedi, H. D.; Widiyoko, Setiawan
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36680

Abstract

This research aims to analyse the legal regulation of narcotics addicts in Indonesia and legal protection for victims of drug abuse, the disharmony in legal substance regulation.  Law Number 35 of 2009 concerning Narcotics in Indonesia establishes the legal framework for rehabilitation, protection and eradication of narcotics abuse at the national level. This regulation requires rehabilitation measures for narcotics users, especially those categorised as victims, and provides uniform law enforcement guidelines. On the other hand, regional regulations can expand and strengthen national regulations by adapting local approaches to suit the needs of local communities. This is legal research using qualitative research methods. Legal regulations for narcotics addicts in Indonesia are regulated in Law No. 35 of 2009 concerning Narcotics with a rehabilitative approach, but it still faces various challenges in its implementation. In Law No. 35 of 2009 concerning Narcotics, the disharmony of articles can arise due to several factors, including differing interpretations, unclear legal norms, or inconsistency with other relevant regulations. What is often debated is the different approaches between rehabilitation for narcotics addicts and criminal punishment for narcotics crime perpetrators in the Narcotics Law. Article 54 states that narcotics addicts are required to undergo medical and social rehabilitation. On the contrary, Article 127 paragraph (1) asserts that narcotics users without rights or against the law are subject to imprisonment.
Sharia in Moroccan Law: a perpetual source and guiding reference Ezzerouali, Souad; Banane, Mohamed Cheikh; Hamdaoui, Brahim
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36744

Abstract

This study examines the role of Sharia in the Moroccan legal system, assessing whether it serves as a fundamental source of legislation or merely a reference. Morocco's legal framework uniquely combines Islamic principles with secular laws, reflecting its colonial history and modern reforms to preserve Islamic heritage while advancing legal modernization. This distinctive blend positions Morocco as a model for balancing tradition and contemporary legal requirements. The research adopts a critical analytical approach, analyzing constitutional and legal texts, judicial precedents, and practical applications. It also conducts a comparative analysis with Indonesia to explore different approaches to integrating Sharia. Morocco applies Sharia centrally, especially in personal status laws, while Indonesia uses it regionally, such as in Aceh, within a predominantly secular national framework. The study highlights how historical, social, and political contexts influence the role of Islamic law in both countries. Findings show that Sharia is a crucial source for personal status matters in Morocco and a supplementary reference in other legal areas, with the Commander of the Faithful (Amir al-Mu'minin) maintaining this balance. In contrast, Indonesia emphasizes the regional application of Sharia alongside national secular laws. The study provides insights into balancing religious identity with legal modernization, offering a framework for legal pluralism that can inform researchers and policymakers in diverse socio-political contexts.
The dimensions of leadership and ideology in strengthening and institutionalizing religious moderation in Muhammadiyah Arifin, Syamsul; Umiarso, Umiarso; Muthohirin, Nafik; Fuad, Ahmad Nur
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.37219

Abstract

This study focuses on the leadership aspect of Muhammadiyah by emphasizing the thoughts and contributions of Haidar Nashir as the Central Board of Muhammadiyah. Therefore, this study relies on written sources, especially those written by Haidar Nashir. Religious moderation is a prominent theme in Indonesia at the end of the second decade of the 2000s. Not only is it the idea of ​​a thinker or intellectual, but it has even become one of the strategic development policies in Indonesia as stated in the 2020-2024 National Medium-Term Development Plan (RPJM) prepared by the Indonesian Ministry of National Development Planning/ National Development Planning Agency (PPN/Bappenas), based on Presidential Regulation No. 18 of 2020. The Ministry of Religion, as the technical ministry in charge of religious life, has published several documents related to religious moderation. As one of the moderate Islamic religious organizations and movements, Muhammadiyah is an interesting subject of study to examine its links and continuity with the idea of ​​religious moderation. Rather than as a normative study in the field of law that uses legislation as primary material, this study seeks to reveal the substantive aspects of the religious moderation policy linked to Muhammadiyah's efforts to strengthen and institutionalize religious moderation in Muhammadiyah. The results of this study will later show that the appearance of Muhammadiyah as a moderate Islamic ideology, organization, and movement cannot be separated from the figure of the Muhammadiyah leader, who has a strong, moderate character.
Taking perspective between Indonesia and Germany: the establishment of quo vadis house of worship Masykur, Mohammad Hamidi; Lailam, Tanto; Mulyono, Ferio Ivan
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36688

Abstract

This paper discusses about licensing the establishment of houses of worship. In practice, the licensing arrangements for worship in both countries have significant differences. Indonesia has a bureaucratic approach that is formal, administrative, and social and community-based. Indonesia specifically regulates the requirements for the establishment of houses of worship in PBM 9 & 8/2006. Administrative, technical, and special requirements are required to obtain licenses. However, PBM 9&8/2006 has a loophole for the rejection of houses of worship, thus potentially inhibiting freedom of worship. On the other hand, Germany takes an ecological, spatial, and architectural approach to licensing houses of worship. Germany adheres to BauGB as a regulation related to building construction by paying attention to FNP and B-Plan as guidelines. This normative juridical research uses comparative, conceptual, and statutory approaches. The main finding of this research is that the two countries have different approaches in considering permits for the establishment of houses of worship. It is found that the difference between the two lies in the aspects of regulation, characteristics, and the approach to resolving disputes over the establishment of houses of worship.

Page 29 of 30 | Total Record : 291

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