Veritas: Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafiiyah
VERITAS Journal of Law Studies (ISSN: 2407-2494) (E-ISSN: 2655-979X)is a national journal that is published by the Postgraduate of Law Study Program, Faculty of Law, As-Syafiiyah Islamic University, Indonesia. Published twice a year (March and September). Each issue number (issue) amounts to a minimum of seven (7) the title. The journal endeavors to provide forums for academicians and reseachers who are interested in the discussion of current and future issues on Law and Legal studies (see Focus and Scope). The journal is dedicated to the scholarly study of all aspects of national and international law. The journal is committed to the publication of original research on law as science and practice.
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TRACKING THE LINKAGE BETWEEN MIGRATION AND GLOBAL TERRORISM IN HANDLING OF IRREGULAR TRANSNATIONAL MOVEMENTS
Rohmad Adi Yulianto
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.43
The movement of peoples in today’s refugees problems is more complicated than thephenomena of refugees in pre 21st century or the era of world war I and II, which wereland borders and identities unified by the terms of nation-state, defining the citizens andaliens through the solid model of nationality. In contemporary refugees discourse, theproblems of unwanted forced migration not only covering the protection of people bysupplying their standard of living as an effect of displacement peoples living out of theircountries, but also facing new variables of problem, including economic and ideologicalfactors that became their motives of migration. More than half of all current refugees in theworld come from many states of Muslim countries as a consequence of war and conflictsthat still lasted for more than decades. The conception of Ummah in Islam doctrine ofsociety encourage all Muslims in the world to take a part of responsibility sharing theburden Muslims refugees condition, including receiving them to live and survive inside thestructure of society based on same faith and equal status before Allah the Creator, but inmany cases, this policy contradicted to the concept of nationality which based on nationstateconception of identity and state sovereignty. Indonesia, country with largest Muslimpopulation in the world, has received mass influx of Muslim refugees during the recentyears.
PENISTAAN AGAMA DALAM PERSPEKTIF HUKUM POSITIF DAN ISLAM
Muannif Ridwan
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.72
This study discusses the defamation of religion which became a hot topic amongIndonesian society today. As a lot of news about it in the print and electronicmedia. This issue drew public attention back, one of which stems from the releaseof video footage Tjahaja Basuki Purnama (Ahok) quoting Surah Al Maidah verse51. In the concept of the crime of blasphemy carries the consequences of an act oftarnishing religion. Policy formulation of the crime of defamation of religion showsthat the legal interest protected is religion itself. Defamation of religion have beendecided by the Constitutional Court as a criminal offense that is not contrary to the1945 Constitution, and therefore still workable and ensnare anyone suspected ofdoing so. In Islam, the Quran has a way to resolve cases of defamation of religionas in Surat an-Nisa verse 140 and surah Al-An'am verse 68.
HUBUNGAN KONFIGURASI POLITIK HUKUM DALAM MENSEJAHTERAKAN MASYARAKAT INDONESIA
Muhammad Eko Purwanto
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.73
Efforts for the welfare of our nation has been done by our predecessors since thebeginning of independence, the next leader must continue and even increasethrough the role and his work respectively. Agrarian one of the sectors that canrealize the ideals of the proclamation, considering the life of our nation is stilllargely agrarian patterned. Efforts establishment of regulatory areas that favor theembodiment of the people's welfare has been done by the government in every era,namely: a. The period at the end of the New Order government; b. The period atthe beginning of the 1998 reform; and c. The period after the birth of TAP MPRNo. IX / MPR / 2001.
KESADARAN HUKUM MASYARAKAT TERHADAP BAHAYA CYBER BULYYING DAN KONSEKUENSI HUKUMNYA
Emma Maripah
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.74
Legal awareness of society about cyber bullying is low it is characterized by: a. Thenumber of people who think that the case of cyber bullying excluding criminality andmade a habit of daily interaction in social media. b. The number of cases of cyberbullying that occurs due to ignorance of the community will be the legal consequencesthat would entrap c. The lack of public knowledge about the hazard/impact caused bycyber bullying d. There are still many victims of perpetrators of cyber bullying that donot understand how to overcome the problems caused by cyber bullying law itself. Thelegal consequences for the perpetrators of cyber bullying has been regulated by theexisting legislation but lack of socialization to the community about how the legalprocess that must be taken by the community itself. Many people who feel they arevictims and perpetrators of cyber bullying at the same time so reluctant to report ortake legal action.
PUNGUTAN LIAR DITINJAU DARI PERSPEKTIF SOSIOLOGI HUKUM
Basrizal Basrizal
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.76
Illegal Payments factors causing the shift in moral forces into private materialist,which is supported by the opportunity given by the Society to make illegalpayments. Moreover, there are no rules and mechanisms for oversight of therelated department of the work of officials. And mechanisms of punishment foroffenders classified as mild and only have a deterrent effect is temporary. EffortsCombating Illegal Payments by Law Enforcement and Society with efforts Methodof Pre-emptive which is a business or efforts to prevent crime from the beginningor early on, which is done by the ombudsman and the community in which theaction is more psychological or moral for invite or urge the perpetrators of thebureaucracy in order to comply with any applicable norms. Preventive method isthe effort made with the aim of preventing crime control measures and supervision,or create a conducive atmosphere to reduce and then pressed so that the crime wasnot thrive in the community.
KEBERADAAN PASAL 171 C KOMPILASI HUKUM ISLAM PASCA PUTUSAN MAHKAMAH AGUNG NOMOR: 368 K/AG/1995 TANGGAL 16 JULI 1998
Baginda Siregar
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.77
Islamic inheritance law has a "demarcation" very strict for those who are not thesame religion (Islam) and do not inherit each other. Moreover, the behavior of"apostasy" is an act of treason to Muslim families, hurting and embarrassing forparents, family and relatives. So if there are children or heirs apostate then basedon Islamic law of inheritance of his severed relationship. It is a norm adopted andis believed by Muslims. But based on the jurisprudence of the Supreme Courtlapsed remain synchronized their rights through was borrowed. Jurisprudence onwas borrowed for non-Muslims is a violation of articles 2 and 49 LAW OF THEREPUBLIC OF INDONESIA NUMBER 3 YEAR 2006 CONCERNING THEAMENDMENT OF LAW NUMBER 7 IN 1989 ON THE TRIAL OF RELIGION.Ignoring Article 171 c, that hindered religious difference in terms of inheritanceheir.Adding to the norm of article 209 KIH, that the heir to the non-Muslims"rehabilitated" and get a share based on the position was borrowed.
SEJARAH PERBANKAN SYARIAH DI INDONESIA
Ikrar Agus Pepi A
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.78
Sharia banking is anything that concerns about the Bank of Shari'ah and Unit EffortsShari'ah, includes institutional, business activities as well as the manner and process ofcarrying out its business activities. Just as with conventional banks, Islamic banks also offercustomers the bank is in the conventional banking products. Only difference withconventional bank is in terms of pricing, both the sale price and the purchase price. Theproducts on offer is certainly doing your best to really Islami, including in providingservices to its customers. If the specific risks that would be causing varying degrees of bankprofits include liquidity risk, credit risk and interest rates, and risk capital. However,Islamic banks insyaa God trying not face the risk of interest, even though in an environmentwhere the prevailing dual banking system increased the interest rate on conventionalmarkets may have an impact on the increased risk of switching to conventional banks.
METODE DAN KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN KEJAHATAN MAYANTARA
Nurul Rachmat
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.79
Mayantara crime (cybercrime) is a crime that occurs in cyberspace (cyberspace),which does not recognize the use of the internet by anyone and anytime in theworld. So it can be classified that mayantara crime (cybercrime) includingtransnational crime. Therefore, it is transnational, proof of crimes mayantara(cybercrime) is also a matter that requires attention for Indonesia in the context oflaw enforcement and criminal jurisdiction transanasional determines isappropriate criminal law in force in Indonesia. Based on the above backgroundwas appointed problems, namely: Meguraikan Methods And Kebijaakan CriminalLaw Crime Combating Cybercrime Research In this paper is a normative legalresearch or normative juridical research is scientific research to find out the truthbased on the logic of the normative legal scholarship. This study emphasizes theuse of library materials and secondary data. Secondary data consists of primarylegal materials, secondary law, and tertiary legal materials.
ASPEK HUKUM DOKUMEN LINGKUNGAN HIDUP UNTUK LEMBAGA JASA KEUANGAN
Kamel Rosyida
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.80
Settings on the environmental documents in particular the EIA (Environmental ImpactAssessment) required by financial institutions in the financial sector where theregulators, especially Bank Indonesia and the Financial Services Authority (FSA) hasstarted the financial initiatives (sustainable finance) to address sustainabledevelopment solutions. Therefore in 2013 partly Institutions Financial Services hasrequired the EIA document as an assessment of business financing proposal. Thus, onMay 26, 2014 has renewed the collective agreement on increasing the role of theInstitute of Financial Services in the protection and management of the environmentthrough the development of sustainable financial services. This cooperation is in linewith the commitment of the Ministry of Environment to promote environmentallysustainable development, as mandated by Law No. 32 of 2009 on the Protection andManagement of the Environment (Law PPLH).
KONSTITUSIONALITAS PRESIDEN DALAM MEMBENTUK PERATURAN PEMERINTAH PENGGANTI UNDANG- UNDANG
Arifuddin Arifuddin
VERITAS Vol 2 No 2 (2016): VERITAS
Publisher : Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafi'iyah
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DOI: 10.34005/veritas.v2i2.75
According to Article 22 Paragraph (1) of the 1945 Constitution stated that 'inHappenings crunch that forced the President has the right set of governmentregulations in lieu of law'. Therefore the president has the constitutional rights inaccordance with the legislation in force in the issuing of Government Regulation inLieu of Law (Perppu) Number 1 Year 2013 regarding the Second Amendment toLaw Number 24 Year 2003 regarding the Constitutional Court, however, in issueda decree quo should qualify crunch forcing matters, and at least a race on expertopinion that has been formulated as a picture crunch forcing matters, namely: thestate never considered previously and demanded an immediate action withoutwaiting for the consent of the advance; there is an urgent need for action orreasonable necessity; limited time available (limited time) or there is a timecrunch; no other alternative is available or based on logical reasoning (beyondreasonable doubt) Another alternative is not expected to be able to cope with thesituation, so that the regulation has the determination is the only way to remedy thesituation; can not be replaced by other measures; The measure is temporary; andwhen action is taken, the parliament can not be real and earnest. So if it ismaterially the president can not be issued a decree quo, because it is not in mattersof urgency into force as the force crunch criteria. Formulation matters of urgencywas an act of force to avoid the arbitrariness of the authorities and as aconsequence as a legal state.