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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 326 Documents
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Preventing the politicisation of corruption crime law enforcement based on local wisdom Erma Rusdiana; Nurus Zaman; Lindra Darnela; Uswatun Hasanah
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.v33i1.37429

Abstract

This study focuses on the phenomenon of politicised law enforcement in corruption cases during election years, where legal actions are suspected of being used as political tools to weaken opponents and maintain power. Consequently, law enforcement is perceived as "by order" and heavily influenced by vested interests. This entanglement between politics and law is attributed to a lack of integrity and moral values among the involved actors, further undermining democratic practices and justice. This study analyses how the politicisation of law occurs in the electoral context and its impact on law enforcement and proposes a solution to prevent the politicisation of corruption in law enforcement through local wisdom-based approaches. This research employs a socio-legal method, analysing secondary data from various corruption cases exposed ahead of the 2014, 2019, and 2024 elections. This analysis includes literature reviews, investigative reports, and data from law enforcement agencies. Findings indicate a consistent pattern where corruption in law enforcement involving public officials tends to intensify as elections approach, suggesting efforts to politicise the law. Such politicisation negatively impacts genuine anti-corruption efforts by casting the law as a political instrument rather than a means of upholding justice, thus degrading the dignity of law enforcement and affecting public perception. Taking Malaysia as an example in successfully improving its Corruption Perceptions Index (CPI), this study underscores the importance of strengthening integrity by instilling moral values rooted in local wisdom, such as "Hasta Brata" and the "nine anti-corruption values." These efforts are essential to establishing dignified democratic practices and fair law enforcement that are free from corruption, collusion, and nepotism.     
The legal ratio of authority transfer from the capital market supervisory agency to the Financial Services Authority as a bankruptcy petitioner Tata Wijayanta; Sheva Trisanda Adistia; Wahyudi Kurniawan; Rado Fridsel Leonardus; Bambang Eryanto Hermawan
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.v33i1.36537

Abstract

The article aims to analyse the legal ratio or legal reasons behind the transfer of authority from the Capital Market Supervisory Agency to the Financial Services Authority by qualitatively analysing the secondary data and presenting it in descriptive form. Regulation of bankruptcy applications for Securities Companies based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations may only be submitted by the Capital Market Supervisory Agency. This is because the Capital Market Supervisory Agency, based on Law Number 25 of 2007 concerning Capital Investment, is considered to understand the situation of Securities Companies. This authority is only given to the Capital Market Supervisory Agency to avoid bankruptcy applications submitted by creditors to securities companies. This is prevented because it could result in the securities company being bankrupted by creditors or shareholders. However, following the promulgation of Law Number 21 of 2011 concerning the Financial Services Authority, this authority was transferred to the Financial Services Authority from the Capital Market Supervisory Agency. The research used a normative research method supported by a statutory approach. This article found that the mechanism for bankruptcy applications for securities companies by the Financial Services Authority. Applications from Securities Companies or Creditors are addressed to the Executive of the Capital Market Supervisory Agency directly or via electronic mail to the Financial Services Authority electronic mail system, as regulated in the Regulation of Financial Services Authority Number 21 of 2022.
The authority relationship of Central and Local Governments in forming laws and regulations: between Indonesia and Malaysia Aan Eko Widiarto; Muhamad Sayuti Hassan; Mohd Hazmi Mohd Rusli; Endrianto Bayu 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.v33i1.36629

Abstract

This study examines how the powers of the federal government and local governments interact to create laws and regulations in Malaysia and Indonesia. In most countries, the central government is not the only regulator in developing laws and regulations. Regional governments are vested with the authority to manage government affairs delegated to them. This authority includes the power to draft and enact regional regulations, reflecting regional independence in administering local governance. Regional regulations serve as strategic tools to achieve the objectives of decentralization, fostering greater autonomy by empowering regions to address local needs through tailored legislation. However, the delegation of such authority also presents the potential for regulatory conflicts between the central government and regional governments or among regions themselves. Consequently, a comprehensive analysis is essential to evaluate how the relationship between central and regional governmental authorities influences the legislative process in Indonesia. Employing a legal comparative approach provides an effective method for examining the dynamics of regulatory authority between the central and regional governments, offering valuable insights and policy recommendations to harmonize the framework for statutory regulation. The findings highlight those regional regulations play a crucial role in supporting decentralization, yet conflicts between central and regional authorities are inevitable. Comparing the cases of Indonesia and Malaysia, the study underscores the need for clear and collaborative frameworks to harmonize central and local authorities in forming laws and regulations, ensuring legal certainty and effective governance.
Legal ambiguities surrounding the role of Regional House of Representatives in Indonesia’s regional autonomy framework Hariyanto Hariyanto; Muhammad Mutawalli Mukhlis; Muhammad Saleh Tajuddin; Zulhilmi Bin Paidi; Mabarroh Azizah
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.38409

Abstract

Regional autonomy gives local governments the authority to manage their resources, yet there are persistent ambiguities regarding the roles of the Regional House of Representatives (DPRD), which continue to pose governance challenges. The DPRD is intended to act as a legislature at the regional level; however, Law No. 23 of 2014 classifies it as part of the regional government, resulting in overlapping functions with regional heads. The confusion about its role leads to policy inconsistencies, diminished legislative power, and an imbalance favoring the executive branch, thus impairing the effectiveness of regional governance. This study employs a normative legal research method with an analytical approach, supplemented by empirical insights. By examining legal documents, statutory provisions, and practical governance challenges, the research investigates the DPRD’s function within the regional autonomy framework. It identifies key obstacles such as regulatory inconsistencies, limited institutional capacity, and a lack of legislative initiatives. The findings indicate that constraints in human resources and political dependencies further hinder the DPRD’s effectiveness. To address these issues, the study recommends clarifying the legal framework governing the DPRD, enhancing its institutional capacity, and promoting more balanced relationships between the executive and legislative branches. Implementing these measures is vital for achieving more efficient, accountable, and effective regional governance in Indonesia.
Bridging regulation and reality: comparative study of Artificial Intelligence regulation in the financial sectors Andistya Pratama; Dwi Ratna Indri Hapsari; Listiyani Wulandari
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.38908

Abstract

This study compares AI regulations in Indonesia and Singapore's banking and fintech sectors, focusing on the gap between regulation and real-world conditions. Artificial Intelligence (AI) has become essential in the banking and fintech sectors, enhancing operational efficiency, detecting fraud, and performing risk analysis. However, the adoption of AI also poses challenges, particularly concerning regulation and consumer protection. The research employs normative or doctrinal methods with a comparative law approach. It evaluates various regulations issued by the Financial Services Authority (OJK) and Bank Indonesia (BI) in Indonesia, as well as the Monetary Authority of Singapore (MAS) in Singapore, specifically the FEAT and Veritas frameworks. The findings indicate that Singapore has proactively implemented principles of ethics, transparency, and accountability, while Indonesian regulations remain focused on consumer protection and operational stability, with a need for a more specific framework related to AI. The study concludes that harmonising regulation between innovation and consumer protection is crucial. Recommendations include the adoption of a regulatory sandbox and the implementation of ethical principles, such as FEAT, in Indonesia.
Regional Head Election post-MK Decision Number 60/PUU-XXII/2024 in the constitutional law landscape Hufron Hufron; Sultoni Fikri; Syofyan Hadi; Baharuddin Riqiey
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.v33i1.39064

Abstract

This article aims to analyse the implications of the Constitutional Court's decision on the regional head election system in Indonesia and evaluate its impact on political participation and diversity within local democracy. The Constitutional Court, as the interpreter of the constitution, particularly in the context of regional head elections, plays a pivotal role in shaping the landscape of constitutional law. Constitutional Court Decision No. 60/PUU-XXII/2024, which controversially alters the candidacy requirements for regional heads from being based on seat or vote share to being based on population size, reflects the need to align the law with evolving socio-political dynamics. This legal research employs statutory, conceptual, and case study approaches. This decision is expected to broaden access for smaller parties and independent candidates, thereby enhancing political diversity and voter choice. However, there is a risk that the changes might induce political instability or lead to dominance by large parties. Thus, ongoing monitoring and evaluation of the impact of these changes are crucial to ensure that constitutional law reforms achieve their intended goals of justice and representation. This article contributes to understanding how the law can adapt to societal needs and the challenges faced in the democratisation process. By emphasising the importance of legal pragmatism, the article illustrates that the law should function as a theoretical norm and an effective tool for addressing the continuously evolving socio-political dynamics. The research is intended to serve as a reference for policymakers and academics in comprehending and implementing constitutional law reform in Indonesia.
Kudus, local wisdom, and tobacco industry: historical trajectory of the employment relationship between scissoring workers and the company Jefri Hari Akbar; Yusriyadi Yusriyadi; Soeganda Priyatna
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.v33i1.39186

Abstract

This research raises the paradox of labour relations in the traditional cigarette industry of Kudus, a city of kretek that inherits a work tradition based on local wisdom but is faced with rigid formal regulations. In practice, pressing operators work for millers—corporate workers who receive production-based wages—with a 60:40 share. Surprisingly, even though they do not have a formal working relationship with the company, scissoring workers still enjoy seemingly equal treatment, such as holiday allowances and work facilities. This phenomenon challenges the validity of Law No. 13 of 2003 concerning Employment, which ignores the uniqueness of local values in the labour relations framework. This study uses normative legal research methods with philosophical, conceptual, and statutory approaches to explore the tension between formal regulations and local practices coloured by kinship and social justice principles. The study results reveal that this employment relations model reflects a harmonious adaptation between tradition and the needs of the modern economy but is still vulnerable to narrow legal interpretations. This research provokes the idea that labour regulations in Indonesia work more like a tool of control rather than an instrument of empowerment. As such, a more inclusive and contextual legal framework is needed to accommodate the uniqueness of local practices without sacrificing labour protections. Kudus can serve as a social laboratory, showing that tradition and law can work in tandem to create substantive justice for the working community.
Local Government’s role in Aceh’s sharia banking transition: legal and institutional perspectives Istianah Zainal Asyiqin; Yanis Rinaldi
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.v33i1.39419

Abstract

This study examines the Aceh Government’s authority in converting conventional financial institutions into Sharia-compliant entities under Aceh Qanun No. 11 of 2018 and evaluates its practical implementation. Employing a normative legal research approach, the study analyses statutory regulations, legal principles, and doctrinal interpretations while incorporating historical context and relevant precedents. The findings confirm that the Aceh Government is legally mandated to oversee this financial transformation. However, several critical challenges impede its execution, including inadequate infrastructure, limited Sharia-compliant financial products, restricted access to Sharia banking capital, minimal adoption by non-banking financial institutions, and low financial inclusion. Among these, the lack of financial infrastructure and product diversity emerge as the most significant obstacles. To enhance the effectiveness of this transition, strategic interventions are necessary. These include expanding Sharia banking infrastructure, introducing diversified and innovative financial products, facilitating broader capital access for Sharia-compliant financial institutions, and strengthening financial literacy programs. A multi-stakeholder approach, integrating government agencies, financial institutions, and the community, is essential to establishing a robust and sustainable Sharia financial system in Aceh.
Postponement of general elections due to emergencies: a comparative study of Indonesia, Malaysia, Myanmar, and Cambodia Muhammad Erfa Redhani; Ridwan Ridwan; Sri Hastuti Puspitasari; Ahmad Siboy
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.v33i1.39449

Abstract

This article examines and analyses the regulations regarding the postponement of elections in various countries, especially those that have postponed elections and countries whose constitutions regulate the postponement of elections. This study employed normative legal research methods with statutory, conceptual, and comparative approaches. Primary legal materials used in this article consist of laws and regulations relating to general elections and the constitutions of various countries, while secondary legal materials were garnered from books and journals on general elections and emergency law. The analysis indicates that in the countries studied, the postponement of elections may occur in emergencies or when the countries are in danger. Several countries like Indonesia and Malaysia do not regulate postponement of elections in their constitutions, but Myanmar and Cambodia do. The findings of this study indicate that postponing the election should be done only in a couple of months (Time-limited postponement) due to external factors (such as natural disasters) and for humanitarian rescue. This research recommends giving the president the authority to propose the postponement of the election on the proposal of the General Election Commission (KPU), which then seeks approval from the People's Consultative Assembly (MPR). Finally, the role of the Constitutional Court is needed to assess whether the reasons for postponing the election align with the idea of the proposed election delay regulation criteria included in the 1945 Constitution.
Local wisdom as legal dispute settlement: how Indonesia’s communities acknowledge Alternative Dispute Resolution? Didik Sukriono; Sudirman Sudirman; Desinta Dwi Rapita; A. Rosyid Al Atok; Alfan Bramantya
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.v33i1.39958

Abstract

This paper examines the evolution of legal dispute resolution mechanisms within non-litigation channels, focusing on the traditional villages of Blitar and Karangasem in Indonesia from 1984 to 2023. There is a need to understand how local wisdom contributes to effective dispute resolution, particularly in regions where formal legal institutions may be limited. This research analyses how indigenous communities integrate Alternative Dispute Resolution (ADR) principles with customary (adat) law, fostering a hybrid system that balances cultural values and contemporary legal frameworks. The paper draws on ethnographic fieldwork, in-depth interviews with traditional leaders, and case studies of dispute settlements in the selected villages. Historical records and legal documents regarding customary disputer solutions were also examined. The results indicate that the villagers have modified their traditional approaches over the last four decades to deal with contemporary problems such as land disputes, family conflicts, and governance issues. This study also focuses on consensus, reconciliation, and restorative justice, which are considered key factors for social cohesion and dealing with social conflicts. The findings highlight that integrating ADR with adat-based mechanisms strengthens legal pluralism and provides an alternative resolution of issues; this integration is more appropriate than litigation in rural, culturally diverse societies. Moreover, the study suggests that these non-litigation practices are socially cohesive between community members because they ensure that dispute resolution is aligned with the community’s cultural norms and common identity. The study also theorizes that justice and social order can be maintained through a better understanding and empowerment of customary laws. This research provides insight into the wider world of legal pluralism as it explores how traditional modes of dispute resolution remain important within modern legal systems.

Page 30 of 33 | Total Record : 326

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