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WAHID FATHONI
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Faculty of Law Universitas Muhammadiyah Yogyakarta, 2nd Floor, Gedung Ki Bagus Hadikusumo E-5, Jalan Brawijaya, Tamantirto, Kasihan, Yogyakarta, Indonesia
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INDONESIA
Indonesian Comparative Law Review
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 26552353     EISSN : 26556545     DOI : 10.18196/iclr
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian Comparative Law Review (ICLR) (ISSN: 2655-2353, E-ISSN:2655-6545 is a periodical scientific-journal published by the Faculty of Law, Universitas Muhammadiyah Yogyakarta in collaboration with the Indonesian Association of Comparative Laws. The journal will be published twice a year in December and June. ICLR’s vision is to be a leading scientific journal in comparative law. ICLR has a unique approach in creating innovative discourse on harmonization among legal systems. ICLR will receive many articles from legal scholars from reputable universities worldwide.
Arjuna Subject : Umum - Umum
Articles 5 Documents
 1 
Search results for , issue "Vol 6, No 1 (2023)" : 5 Documents clear
Architecting Hybrid Contract in al-Rahn: A Comparative Study between Malaysia and Indonesia Muhammadi, Fauzan; Mohd Razif, Nor Fahimah; Rahim, Rahimin Affandi Abdul
Indonesian Comparative Law Review Vol 6, No 1 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i1.20699

Abstract

Nowadays, hybrid contracts are recognized as an adaptive form of contract in the implementation of Islamic business. However, the involvement of hybrid contracts in al-Rahn has risen numerous legal controversies in Islamic Sharia.  Malaysia and Indonesia  have diffferent approaches regarding the  use of hybrid contracts in al-Rahn scheme. In the light of that, this article aims to lay out the two countries’ sides in responding to the issue at hand. This qualitative  study  relies on secondary data and employs conceptual and comparative approach. It investigates the policies relating to hybrid contract in the implementation of al-Rahn both in Malaysia and Indonesia. This study indicates that academics in both countries tend to state that the hybrid contracts in al-Rahn are not in accordance with the Sharia. The non-compliance with the Sharia prompted Malaysia to create a new policy, namely by utilising the concept of Tawaruq. Meanwhile, Indonesia recently still associates Ijārah contracts as part of the implementation of al-Rahn.
Inheritance Rights of Extramarital-Children after the Constitutional Court Decision of 2010 Lestari, Putri Wartina; Judiasih, Sonny Dewi; Nugroho, Bambang Daru
Indonesian Comparative Law Review Vol 6, No 1 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i1.19655

Abstract

Extramarital-children refer to children who are born outside the marriage. The position extramarital-children are legally vulnerable and therefore needs attention. The Constitutional Court Decision No. 46/PUU- VIII/2010 recognizes the legal status of extramarital children against their biological fathers as long as their genetic relationship can be proven by way of DNA testing and supported with other evidence. This study aims to examine the inheritance right of the extramarital-children, especially after the issuance of the mentioned Constitutional Court Decision. This normative legal research employs statutory, case and comparative approaches.  Although the focus of this study is more on the legal development in Indonesia, however, this paper also provides a comparative analysis with some other countries, especially with regard to the utilization of the DNA Testing for legal purposes. The results show that the Constitutional Court Decision No. 46/PUU-VII/2020 does not address the inheritance right of extramarital-children and therefore they cannot inherit each other from their biological fathers. In regard to inheritance, this issue will be referred to the existing law of inheritance.
Human Dignity in the Criminal Process: A Lesson Learned from Torture Case in Germany Prahassacitta, Vidya
Indonesian Comparative Law Review Vol 6, No 1 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i1.20297

Abstract

The research aims to analyze the prevising human dignity in the criminal process, especially in cases regarding torture for good purposes.  In the interrogation process, the preparator does not give any information about the hostage; at the same time, the hostage’s condition becomes critical.  Does harm given to the preparator without causing injuries within a short time to save a hostage be accepted and not violate human dignity? The researcher conducts document research and applies a comparative law approach to answer the question. The study compares Indonesian and German legal systems to show the different perspectives on the issue. The research shows that historical and cultural dimensions shape the concept of human dignity in each legal system, and it has a consequence with the idea of proportionally deterring torture for good purpose action. Under Germany's legal system, this action cannot be accepted because human dignity is the supreme value of the Constitution. It is a bit different from the Indonesian legal system, where the concept of human dignity shall maintain a balance between individual and community rights; the action might be accepted with strict requirements.
Punitive Damages in Unfair Dismissal Cases: Lessons from Malaysia and New Zealand Abdul Shukor, Siti Fazilah; Abd Razak, Siti Suraya
Indonesian Comparative Law Review Vol 6, No 1 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i1.19623

Abstract

Employers tend to dismiss employees without proper grounds, in bad faith or fail to follow procedure prescribed under law. An employee that has been dismissed unfairly can bring an action against the employer for unfair dismissal. Damage is the most sought remedy of the employee for unfair dismissal claims. Punitive damage is a form of monetary remedy awarded by the court in addition to the actual damage to the aggrieved party. Punitive damage is awarded as a punishment to the wrongdoer. Punitive damage has become the remedy in both Malaysia and New Zealand. The objective of this study is to analyse the punitive damage awarded by the Malaysian Industrial Court and New Zealand Court in unfair dismissal cases. This study employed a qualitative method with reference to journal articles, relevant statutory laws and case laws on unfair dismissal cases with punitive damage as an award. The findings show that punitive damages in unfair dismissal cases have been awarded by the Malaysian industrial court and New Zealand court against employers on the grounds that the dismissals were made under bad faith. This study is significant as it expands the application of punitive damage in unfair dismissal cases and improve the system’s legal certainty.
Lease Stability in Agricultural Land: Legal Instruments in Poland and Selected European Countries
Indonesian Comparative Law Review Vol 6, No 1 (2023)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i1.19896

Abstract

This manuscript explores the legal instruments related to the stability of agricultural land lease in Poland and selected European countries. The study begins with a brief history and evaluation of land leasing in regions including Germany, France, Poland, and Switzerland. Despite its prevalence, the European Union lacks overarching regulations on this matter, leaving it to individual Member States. The research emphasizes lease duration, extension, and continuity, especially during events like the transfer of lease rights or the death of involved parties. A comparative analysis of legislation from countries like Poland, Germany, Italy, and France is presented. The paper also touches upon EU funds related to land leasing. In conclusion, various legal solutions across Europe are highlighted, underscoring the importance of stability for farm development and alignment with the Common Agricultural Policy.

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