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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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Regulatory model for tourism villages in forest areas based on sustainable tourism Dinda Aprilia; Abdul Kadir Jaelani; Mulyanto Mulyanto; Isharyanto Isharyanto; Itok Dwi Kurniawan
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.v33i1.40177

Abstract

This study aims to analyse the factors hindering the implementation of sustainable tourism-based regulations in forest area tourism villages and identify the challenges faced by the Tourism Office and tourism managers in achieving sustainable tourism. This study adopts an empirical legal methodology, incorporating primary and secondary data. Primary data was acquired by conducting firsthand observations, comprehensive interviews, and dialogues with pertinent parties, including tourism managers and government officials. Secondary data was collected from legal documents, regional regulations, and government reports. The findings indicate three key factors contributing to ineffective management: (1) an inadequate legal framework lacking clear references to sustainable tourism and ecological justice, (2) weak coordination between Disparpora and Perhutani, leading to poor oversight and synergy, and (3) limited public awareness and weak law enforcement. Additionally, challenges such as minimal community participation, labour and budget constraints, insufficient protection of premium tourism products, and the limited contribution of tourism revenue hinder sustainable tourism implementation. Disparpora and Perhutani have initiated stakeholder engagement, outreach programs, and training sessions to address these issues. However, stronger legal frameworks, improved institutional collaboration, and increased public awareness are essential to achieving sustainable tourism in forest area tourism villages.
Towards a structural constitution: contribution of Presidential Succession Law to the Constitution of Indonesia Febriansyah Ramadhan; I Gede Agus Kurniawan; I Gede Druvananda Abhiseka; Putu Wahyu Widiartana; Roqiyul Maarif Syam
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.v33i2.40203

Abstract

This study examines the relatively underexplored domain of presidential succession within constitutional law, which addresses the critical scenario in which the offices of the President and Vice President simultaneously become vacant. Despite its importance, the conceptual frameworks and defining characteristics of succession regimes have not been systematically or comprehensively mapped. To fill this gap, the present article establishes a strong theoretical foundation for presidential succession by applying doctrinal methods grounded in constitutional analysis, comparative law, and conceptual inquiry. Furthermore, it synthesises and organises the salient features of succession provisions as they appear across a variety of national constitutions. Employing a comparative constitutional approach, the research aggregates these dispersed elements to illuminate common patterns and divergences. The findings suggest that a more advanced articulation of succession rules could substantially enhance the structural integrity of Indonesia’s 1945 Constitution, elevating it toward a fully automated and systematised mechanism that minimises discretionary discretion, resists political interference, and guarantees continuity of executive authority. Finally, the catalogued key features offer a fertile basis for further empirical and normative investigation aimed at identifying the optimal configuration of succession clauses for any given constitutional order.
Crafting an ideal penitentiary law: a global comparative framework for Indonesia’s correctional system Anis Widyawati; Ade Adhari; Ridwan Arifin; Helda Rahmasari; Heru Setyanto
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.v33i2.40358

Abstract

This study develops an ideal model of penitentiary law for Indonesia's correctional system through a comparative analysis with other legal frameworks. The study examines systems in South Africa, Thailand, the Netherlands, Germany, France, Japan, and Brazil using doctrinal normative legal research and comparative legal analysis. Primary sources include legal documents, statutes, relevant legislation, and scholarly literature. The findings reveal key components of an ideal penitentiary system: a rehabilitative legal framework that aligns punishment with rehabilitation; provisions for individualised assessment and treatment; a disciplined, transparent system for grievance handling; legislative support for educational and vocational programs; and policies for community reintegration. Notable contributions from other countries include Japan's rehabilitation system, the Netherlands’ alternative sentencing approach, Germany’s vocational training programs, France’s parole systems, South Africa’s restorative justice initiatives, and Thailand’s family connection efforts. Brazil's flexible sentencing and rehabilitation strategies to address overcrowding further inform the model. This research proposes a comprehensive penitentiary law framework emphasising legal pluralism, situational flexibility, robust regulatory mandates, and a balance between security and humane treatment. The model is designed not only for Indonesia but also offers a valuable reference for other nations, grounded in empirical research on corrections and recidivism, and adhering to international human rights standards for prisoner treatment.
Privacy and Security Risks in Cross-Border Digital Payment Systems Naeem AllahRakha; Tillayeva Gulsanam Xamdamovna; Bozarov Sardor Sokhibjonovich; Otabek Narziev; Pulatov Temurbek
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.v33i2.40400

Abstract

This research examines the privacy and security concerns associated with the growing adoption of digital payments. Digital payments represent a new development in payment systems being assessed by institutions, companies, and individuals. The worldwide adoption of digital payments necessitates a thorough examination of the privacy and security risks associated with these systems, particularly those operating under different regulatory frameworks. This research identifies gaps in current laws and major weaknesses in privacy and security protections, with a focus on risks to user rights. Using a mixed-methods approach, the study includes a qualitative analysis of relevant data protection laws along with a quantitative survey of user concerns and awareness. It examines practical issues and combines insights using grounded theory. The findings indicate a heavy dependence on central regulation and varying privacy standards, resulting in more frequent violations that restrict user protections and avenues for recourse. This research suggests establishing global privacy and security standards for digital payments, supported by strong enforcement and collaboration between countries. These standards should provide clear data practices, give users control over their personal information, implement robust security measures, and encourage the use of new technologies that enhance privacy. The study concludes that careful governance and cooperation are crucial for the safe development of cross-border digital payment systems, while mitigating risks to privacy, security, and user rights.
Contemporary issues of transboundary water utilisation in Central Asia: political and legal analysis Kenjayev Amirbek Alijon Ugli; Madaminova Durdona Iskandarovna; Abdullayev Khurshid Nazrullaevich; Kuralbayev Almas Ahmetkarimovich
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.v33i2.40449

Abstract

This article examines the formation and development of the organisational and legal framework governing the joint use of transboundary water resources in Central Asia. The evolution of international legal instruments in transboundary water management, along with the ecological issues that accompany it, was analysed systematically using political-legal approaches and comparative historical studies. Contemporary sources and historical chronicles of the last three decades required in this study include publications of domestic and international organisations. Special focus is given to the legal regulation surrounding the construction of the controversial Kushtepa Canal. In conclusion, reaching a consensus among regional states is key to maintaining regional stability and security. The article also proposes the establishment of regional cooperation mechanisms and increasing data transparency as solutions to the challenges of water management in Central Asia.
Decolonising restorative justice in Indonesia: a comparative study across Customary Law traditions Agus Widjajanto; I Gde Pantja Astawa; Muhammad Rulyandi
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.v33i2.40481

Abstract

This article interrogates the Western genealogy of restorative justice by mobilising Indonesia’s living law as a co-constitutive legal ontology. It investigates how Indonesian customary justice conceptualises harm, accountability, and repair, and how its normative logics can be translated into doctrine for pluralist penal reform. Methodologically, a normative (doctrinal) design with a decolonial, epistemic justice orientation is applied to constitutional and statutory texts, sub-regulations, case law, and recorded customary norms/oral traditions. The research analysis proceeds through hermeneutic–interpretive reading, a structured comparative matrix (authority locus, procedure, remedy typology, and ritual closure), and an abductive synthesis generating mid-level propositions. The research finds that crime is framed as a relational breach rather than solely an offence against the state; authority is communally distributed; remedies integrate material, symbolic, and service components; and ritual reintegration supplies closure. Where timely notice, freely given consent, accredited facilitation, translation, and written records are present, these processes satisfy core penological aims while remaining compatible with due process baselines. Theoretically, adat is repositioned as an equal source of restorative reasons. Normatively, we propose rule level pathways: to amend Criminal Code Law No. 1/2023, Article 2 (“living law”) to add (i) a complementarity/sufficiency clause recognising adat settlements meeting due process minima for eligible offences and (ii) a subsidiarity clause routing cases to state forums only where those minima fail or public safety thresholds require it; harmonise and strengthen restorative “gateways” in regulations of the Office of the Attorney General (2020) and the National Police (2021); craft a narrowly tailored adult diversion track; and institute accreditation, registry, independent review, and piloted roll outs with transparent metrics, presenting Indonesian customary law as a generative jurisprudence for penal reform.
The Implementation of research-based Merdeka Belajar curriculum in Islamic religious education study programs in Indonesia Afiful Ikhwan; Fina Kholij Zukhrufin; Moh. Subhan; Darliana Sormin; Uswatun Khasanah
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.v33i2.40611

Abstract

This study aims to explain the research-based learning model, its implementation in the Islamic Education Philosophy course, its implications for students, and its primary focus on improving students' critical thinking skills, thereby encouraging them to actively build knowledge through literature analysis and field findings. This study employs a qualitative approach, focusing on a case study within the Islamic Religious Education Undergraduate Study Program at Universitas Muhammadiyah Ponorogo. Data collection techniques include interviews with lecturers and the head of study programs, observation of learning activities, documentation of RPS, Google Classroom, and publication of results to evaluate the implementation and effectiveness of research-based learning. Data validity testing involves triangulating sources, methods, and conducting member checks to ensure data credibility. Data analysis using the Miles, Huberman, and Saldana models involves condensation, data display, and conclusion. The research learning model for the Islamic Education Philosophy course consists of five steps: downloading 20 journals; creating a research model canvas (RMC) research guideline; collecting data, compiling research articles, and submitting articles; peer review and mind-mapping of research results; and publishing articles and evaluating lectures. The theoretical implications of the research-based learning model are the development of students' critical and analytical thinking skills. In contrast, the practical consequences include enhancing research and publication skills, as well as contributing to the advancement of Islamic education science. This study describes a learning model that enhances students' critical thinking skills in Islamic Education Philosophy by addressing philosophical challenges and traditional, monotonous learning methods. This model contributes to the development of Islamic education science and students' research skills.
Assessing legislative gaps in Qatari law regarding AI-driven misinformation: insights from the UAE legal framework Mashaallah Othman Alzwae; Abdelnaser Aljahani; Zinah Younus
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.v33i2.40764

Abstract

This study aims to examine the weaknesses of Qatari laws and assess their effectiveness in combating this new type of crime by comparing them with the UAE's Anti-Rumours and Cybercrime Law No. 34 of 2021, Article 54”, as a strong example of legislation in this area. The study highlights Singapore's law as a Southeast Asian example that explicitly criminalises "the creation or modification of robots as an artificial intelligence system used to spread misinformation," similar to the UAE law, indicating that the UAE law is more effective and comprehensive in combating these crimes. The study adopts a comparative analytical approach, which is the most appropriate approach to addressing emerging legal issues, such as those linked to the utilisation of AI systems to spread misleading content. The findings reveal weak Qatari legislative protection in this area, pointing to the need to reform the Anti-Cybercrime Law No. 14 of 2014. This law explicitly defines bots, rumours, and misinformation, and criminalises the act of "creating or modifying an electronic bot intended to publish, republish, or circulate misleading information in the country, or enable any other person to publish, circulate, or republish such information, or delete an electronic bot after committing a crime with the intent to mislead justice." It also revisits traditional criminal liability rules to align Qatari legislation with relevant international standards and Qatar's Artificial Intelligence Strategy.
Negotiating legal pluralism: Sharia and Civil Law integration in Brunei Darussalam Muhammad Nur; Ibnor Azli Ibrahim; Siti Maymanatun Nisa; Muhammad Adib Alfarisi; Dedy Afriadi
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.v33i2.40916

Abstract

This study critically examines the integration of Sharia and civil law in Brunei Darussalam, focusing on institutional frictions, normative conflicts, and the challenges of balancing Islamic legitimacy with social cohesion. The research analyses structural tensions within the dual legal system and proposes actionable solutions to strengthen coherence and public trust. Employing a qualitative methodology that comprises document analysis, expert interviews, and case studies, the study examines the functioning pattern of coexistence between Sharia and civil law in practice and its implications for legal stakeholders. The findings reveal that the integration process generates structural ambiguities, overlapping jurisdictions, and uneven societal acceptance, particularly among women and non-Muslim minorities. These issues highlight the need for targeted reforms to ensure fairness and inclusivity. The study concludes that sustainable integration requires concrete steps: harmonising the Shariah Penal Code Order 2013 with the Civil Penal Code, revising discriminatory provisions in family law, and developing a Joint Judicial Guideline to clarify jurisdictional boundaries between Syariah and civil courts. By advancing these recommendations, the research emphasises that inclusive policy dialogue and cross-institutional collaboration must culminate in substantive legal reforms rather than rhetorical commitments. In doing so, it contributes to broader debates on Islamic legal reform and governance in Muslim-majority countries that are facing similar dynamics.
The WTO Non-Discrimination Principle and Its Impact on Developing Indonesia’s Investment Triyana Yohanes; Aloysius Wisnubroto; Theresia Anita Christiani; H. Untung Setyardi; Hajed A. Alotaibi
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.v33i2.41046

Abstract

This research discusses the application of the WTO non-discrimination principle to improve the global economy. However, this application is not without several negative consequences affecting Indonesia. Many domestic investors, particularly small and medium enterprises (SMEs), have gone bankrupt due to their inability to compete with large foreign investors. The exclusion of many domestic investors and the failure to achieve the goal of making Indonesian domestic investment the main investment in the country’s economy, following the application of the WTO non-discrimination principle based on Law No. 25 of 2007, prompted this research to be conducted. With a normative juridical approach, data in the form of the TRIMs Agreement, Law No. 25 of 2007, and expert opinions were collected through library research, then analysed using qualitative methods. The results indicate that the application of the WTO non-discrimination principle in Indonesia has resulted in equal treatment between foreign investment and Indonesian domestic investment, rendering many domestic investors, particularly SMEs, unable to compete with large foreign investors and bankrupt. This hampers efforts to make Indonesian domestic investment the main investment in Indonesia’s economy.  As a developing country, Indonesia should leverage the exceptional provisions in the WTO Agreement to limit the application of the principle of non-discrimination necessary to protect domestic investment and its economic interests, including its economic system.  This study compares the policies of Saudi Arabia and China, which, in implementing investment liberalisation based on the WTO Agreement, impose restrictions to protect their national economic interests.

Page 31 of 33 | Total Record : 326

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