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INDONESIA
JURNAL HUKUM dan KENOTARIATAN
Published by Universitas Islam Malang
ISSN : 25493361     EISSN : 26557789     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : -
Articles 5 Documents
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Search results for , issue "Vol. 7 No. 2 (2023): Jurnal Hukum dan Kenotariatan" : 5 Documents clear
The Urgency Of Establishing Sharia Economic Law (Omnibus Law) In Increasing Sharia Economic Development In Indonesia Hardi Fardiansyah; Rio Christiawan; Tuti Widyaningrum
Jurnal Hukum dan Kenotariatan Vol. 7 No. 2 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i1.20058

Abstract

The non-maximum development of Indonesia's shari'ah economy has become a joint work for the Government, KNEKS, and Muslims in Indonesia. Based on data quoted from GIEI (Global Indicator Economic Islam), Indonesia is in sixth place in the finance sector under Kuwait and the United Arab Emirates, second in the halal food sector under Malaysia, not in the top 10 in the travel sector, third in the fashion sector, not in the top ten in the pharma & cosmetics sector, and not in the world's top 10 in the media and leisure sector. Even though Indonesia is a country that has the largest Muslim population in the world, it means that this country has great potential to develop more rapidly. In the opinion of researchers, the most fundamental problem is the not-yet optimal development of the shari'ah economy in Indonesia, namely because there are still many regulations that overlap with each other, and many sectors still need to be appropriately covered. The findings of the authors, currently Indonesia only has four rules at the level of laws governing the Islamic economic sector, namely the Islamic banking law, the Islamic capital market law, halal food and beverages, and ZISWAF (Zakat Infaq Shodaqoh Wakaf). Many sectors have yet to be well covered, such as Sharia financing, export financing, and pensions. Accordingly, the function of the CIPTAKER law is to harmonize one regulation with another and cover sectors that need to be appropriately regulated. The formation of the Sharia Economic Law using the omnibus law concept is believed to enhance the development of the Sharia economy in Indonesia. The results of this study indicate that the presence of a shari'ah economic law using the omnibus law concept has a critical urgency in increasing the shari'ah economy in Indonesia, particularly in aligning the shari'ah econnomic sector, which has not been integrated and comprehensively regulating the shari'ah economic sector which has not been completely held.; Omnibus Law. Keywords: Urgency, Sharia, Economic, Omnibus Law
Disoriented Law Enforcement Against Corporations Commit Money Laundering R.B. Muhammad Zainal Abidin; Mahendra Suhartono; Idham Halik Nussy
Jurnal Hukum dan Kenotariatan Vol. 7 No. 2 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i1.19895

Abstract

Money laundering is an extraordinary crime that has a wide impact, not only threatening the stability of the economy and the integrity of the financial system, but also endangers the joints of community and state life. Money laundering can be committed by an entity called a corporation, this is evidenced by the recognition of the corporation in Act Number 8 of 2010. In law enforcement against corporations that commit money laundering, the corporation may be sentenced to an additional crime of dissolution of the corporation,but the criminal dissolution of the corporation has an impact on an innocent person such as workers or laborers who depend on their lives to the corporation, so it is disoriented between enforcing the law or not that commit money laundering. The purpose of this study is determine the law enforcement against corporations that commit laundering acts that are substantive justice, so that appropriate punishment can be known in law enforcement. This research is legal research, that is research that seeks the truth of coherence, using statute approach and conceptual approach. The results of this study concluded, in law enforcement against corporations that commit money laundering can be done 3 (three) approaches, first non-punitive punishment, second vicarious liability and identification theory approach and third restorative justice approach with due regard to the principle of efficiency and justice that reflects the values of objectivity, honesty, impartiality, and rationality.
Legal Comparison of Land Bank in Indonesia and the United States Sunardi; Lina Alfiana
Jurnal Hukum dan Kenotariatan Vol. 7 No. 2 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i2.20337

Abstract

Land is a basic human need that becomes a strategic capital for life. Today, Indonesia has a lot of agendas with agrarian reform. The question of land will never end. With the pattern of land acquisition for development in the public interest along with other land problems, a new body was presented. This body is known as the Land Bank. Land Bank is a special agency (sui generis) which is an Indonesian legal entity established by the central government that is given special authority to manage land. The purpose of the land bank is to create a just economy. As a country of law, there are legals that binding on the subject of land banks. Which legal hierarchy about the land bank. Then this land bank is a new one in Indonesia. Certainly a lot to learn and evaluate the performance of the Land bank agency. The new land bank was established in 2021. Therefore, it is felt to help manage the land bank of Indonesia by making comparisons with other countries, namely the United States. Then the formulation of the problem to be discussed is : (1) How is the arrangement of the establishment of land bank in Indonesia? (2) What are the similarities and differences between land banks in Indonesia and the United States?. Research methods in writing this thesis using the type of normative juridical research, meaning that the problems raised, discussed and described in this study focused on applying the rules or norms in positive law. Approach the problem using the legal approach, conceptual approach, comparative approach to legal materials consisting of primary legal materials, secondary and non-legal materials. The results of this thesis research, first, the regulation of land banks in Indonesia is regulated in the Constitution of Republic Indonesia 1945, UUPA, land procurement law for development for the public interest, job creation law, Government Regulation Number 64 of 2021 on Land Bank, Presidential Regulation Number 113 of 2021 on the structure and Organization of Land Bank. Second, the comparison between land banks in Indonesia and the United States certainly has similarities and differences. The equation is in terms of centralized regulation and the location of the land bank. Differences with the United States lie in regulations, types of land banks, parties to land banks, mechanisms for organizing land banks, and objectives.
Ownership of Rights to Land Access to Citizen Perspective of Wahbah Az-Zuhaili Fadilah Anisa Ritonga; Cahaya Permata
Jurnal Hukum dan Kenotariatan Vol. 7 No. 2 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i2.20513

Abstract

Everything that exists in the heavens and the earth including the land in the Islamic view belongs to Allah SWT. But God gives authority to humans to manage and own it. A person's ownership of land gives him the power to interpret it. Ownership in Islam consists of private and public property rights, but neither is absolute. Because, in every property owned by a person there are other people's rights. Thus, one's ownership of land must carry out its social function. However, there are cases of landowners blocking access to and from local residents' houses on the basis of property rights. The purpose of this research is to find out the factors causing the closure of access in and out of the road, how it is regulated in Indonesia and how the concept of ownership of land rights which is access in and out according to Wahbah az-Zuhaili. This type of research is empirical juridical using a case approach (living case approaach) and conceptual approach (conceptual approach). Data were collected by interview, observation and document study methods. Then the data is processed with qualitative methods. The results of this study indicate that the closure of access in and out of the road that occurred in Kampung Bukit Kota Padangsidimpuan violated the concept of ownership in the form of milkiyah rights where the concept of land ownership in Islam has limitations, not all assets can be owned individually (individually), one of which is assets owned by have public utilities including roads. In accordance with the opinion of Wahbah az-Zuhaili, that a person's penance for his property should not cause harm to many people.
Legal Consequences For Foreign Guaranteers in Indonesia Who Do Violation Muhammad Ivan Septian Islamsyah Ikmal; Siti Marwiyah; Subekti; Syahrul Borman
Jurnal Hukum dan Kenotariatan Vol. 7 No. 2 (2023): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v7i2.20537

Abstract

Every foreigner who holds a Visit Stay Permit, Limited Stay Permit, and Permanent Stay Permit is required to have a Guarantor who guarantees the existence and activities of guaranteed foreigners while in Indonesian Territory. The absence of detailed regulations and special legal protection for a guarantor has various impacts and consequences. One of them is the lack of responsibility of a guarantor. This research is legal research, which focuses on legal studies on positive law. The problem approach used is the philosophical approach, the statutory approach and the conceptual approach. primary legal materials in the form of laws and regulations relating to research problems and secondary legal materials, namely legal materials that provide explanations of primary legal materials, such as legal books, journals, published magazines relating to the problem. The results of the research show that the responsibility of a guarantor is to supervise and monitor the activities of the foreigners he guarantees in Indonesian territory, to be responsible for the presence and activities of foreigners while in Indonesian territory, Article 63 paragraph (2) of Law no. 6 of 2011, which confirms the guarantor's obligation to report if there is a change in civil status, immigration status and change of address or becomes the subject of immigration administrative action in the form of deportation, the guarantor's sanctions for violations are more administrative in nature. More severe criminal sanctions are often not carried out in law enforcement. Supposedly a foreigner who violates the provisions of Article 116, the guarantor can already be said to have violated the provisions of article 118 because he does not fulfill obligations related to the existence of the guaranteed foreigner.

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