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Contact Name
Jefry Tarantang
Contact Email
jurnalstihtb@gmail.com
Phone
+62536-3227140
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jurnalstihtb@gmail.com
Editorial Address
Jl Sisingamangaraja Nomor 35 Palangka Raya 73112, Telp (0536) 3227140 Fax (0536) 3222436, E-mail jurnalstihtb@gmail.com, Website: www.stihtb.ac.id
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Kalimantan tengah
INDONESIA
Jurnal Ilmu Hukum Tambun Bungai
ISSN : 25029541     EISSN : 26859386     DOI : 10.61394
Core Subject : Social,
Jurnal Ilmu Hukum Tambun Bungai (JIHTB) is a scientific journal published by Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya with p-ISSN 2502-9541 e-ISSN 2685-9386, Indonesia. Jurnal Ilmu Hukum Tambun Bungai (JIHTB) covers the fields of Criminal Law, Business Law, Civil Law, Administrative Law, Islamic Law, Constitutional Law, International Law, Customary Law, Economic Law, Human Rights Law, and other sections related to contemporary issues in law. First published in March 2016 for the electronic version. The purpose of the Jurnal Ilmu Hukum Tambun Bungai (JIHTB) is to provide a place for academics, researchers and practitioners to publish original research articles or review articles, disseminate research results and increase the productivity of scientific publications. Jurnal Ilmu Hukum Tambun Bungai (JIHTB) was published twice in March and September.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol 9 No 2 (2024): December 2024" : 6 Documents clear
Optics of Restorative Justice in the Criminal Justice Legal System in Indonesia Noor Ihsan, Reza
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 2 (2024): December 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i2.443

Abstract

This research discusses the transformation of criminal law enforcement in Indonesia from a retributive justice approach to restorative justice. In the context of a rule of law, judicial institutions, especially the Supreme Court, play an important role in protecting human rights. The emergence of the concept of restorative justice as an alternative for resolving criminal acts emphasizes the reconstruction of the relationship between the perpetrator, victim, and society, as well as restoring the original situation. Data from the Directorate General of Corrections shows overcapacity in correctional institutions, which shows that the retributive approach is no longer adequate. Law Number 11 of 2012 and other regulations have adopted restorative justice in the justice system, with the aim of speeding up resolution, reducing recidivism, and providing space for the participation of all parties in the legal process. This research uses normative juridical methods to analyze restorative justice regulations in various law enforcement institutions, as well as the importance of standardizing their implementation. The study's results reveal that despite the significant recovery potential of restorative justice, its implementation remains unintegrated, thereby impeding legal certainty and the effectiveness of the justice system.
Sharia Law Perspectives on Misrepresentation in the Use of Paylater Ahmad, Balya Nasim; Sadik
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 2 (2024): December 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i2.445

Abstract

There are indications of misrepresentation of the use of paylater which can be a loss for users. This study aims to examine the misrepresentation of unclear billing provisions that cause gharar in practice, regarding the name of the marketing product or paylater feature to consumers, and paylater advertisements that display the beauty to attract users and the impact of not being able to pay. This research is a normative research that is analyzed qualitatively descriptively, an approach to sharia economic law. The findings found that there is an unclear payment bill, even if the user chooses to buy now, pay next month, still be charged an installment fee even though the claim by e-commerce is interest-free. If the user is late in paying every month, a fine will be imposed. All bill nominal has been calculated by the paylater provider when the consumer checks out. When examined in terms of sharia economic law, the practice of the paylater method is the same as that of debt and credit. Buying and selling there is an element of fraud prohibited in Islam. The paylater method is prohibited because it contains elements of usury. On the other hand, there is an opinion that allows Paylater by considering it as aqad ijarah. In Islam, doing business online is allowed as long as there are no elements that are prohibited by sharia. Paylater in its promotion only shows the beautiful side, even though the impact if you can't pay will be a loss for users.
Jurisdictional Approach in REDD+ Implementation for Carbon Trading Management in Central Borneo Selvia, Fitriana
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 2 (2024): December 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i2.449

Abstract

Carbon trading is a promising mechanism to mitigate climate change. Indonesia, with its vast forest resources, has the potential to significantly contribute to global carbon reduction efforts. However, challenges such as deforestation and forest degradation persist, particularly in regions like Central Kalimantan. This study explores the potential of a jurisdictional approach to REDD+ in Central Kalimantan, which focuses on multi-level collaboration, local government involvement, performance-based incentives, and effective monitoring, reporting, and verification (MRV). By empowering local communities and aligning with national and international policies, this approach aims to achieve sustainable forest management and carbon emission reduction. This research delves into the key steps involved in implementing a jurisdictional REDD+ approach, including planning, stakeholder engagement, implementation, monitoring and evaluation, and scalability. It highlights the importance of addressing social and economic factors alongside environmental considerations to ensure the long-term success of REDD+ initiatives. By adopting a jurisdictional approach and addressing the complex interplay between environmental, social, and economic factors, Central Kalimantan can position itself as a leader in sustainable forest management and contribute significantly to global climate change mitigation efforts.
Neo-Digitalism in the Legal System: Adapting Law to Technological Developments Tarantang, Jefry; Pelu, Ibnu Elmi A.S.
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 2 (2024): December 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i2.495

Abstract

This article discusses the application of neo-digitalism in the legal system, focusing on how digital technology can change the way law is applied, accessed, and understood. The process of digitization in the judiciary, such as e-courts, the use of electronic documents, and virtual trials, has enhanced the efficiency, transparency, and accessibility of legal services. Additionally, technologies like artificial intelligence (AI) and big data offer great potential to improve justice and the accuracy of legal decision-making. However, the application of these technologies also presents serious challenges, such as data security and privacy, as well as the increasing threat of cybercrime, which requires legal adjustments to address cross-border issues. Countries in the European Union, for example, have implemented the General Data Protection Regulation (GDPR) to regulate personal data protection, but they still face challenges in harmonizing regulations across member states. In Southeast Asia, countries like Singapore have adopted e-courts and blockchain-based smart contracts, but still need to address cybercrime issues and the digital divide between urban and rural areas, particularly in countries like Indonesia and the Philippines. Meanwhile, in China, although the adoption of digital technology in the judiciary has advanced with the use of AI and e-courts, challenges related to surveillance and privacy protection remain a significant issue due to the strict control by the government. India is also working to digitize its legal system, but is constrained by infrastructure and accessibility in rural areas, which leads to inequality in legal services. In Indonesia, although efforts to digitize the judiciary through e-court programs have begun, the digital divide between urban and rural areas and issues related to personal data protection remain major challenges.
System of Islamic Banking Regulation in Indonesia and Malaysia Aulia, Deanti; Syafiq bin Amran, Amir
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 2 (2024): December 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i2.496

Abstract

This study discusses the Islamic banking regulation system in Indonesia and Malaysia, two countries with the largest Muslim populations that play an important role in the development of the global Islamic finance sector. The main objective of this research is to compare and analyze the differences and similarities in Islamic banking regulations between the two countries, which have different legal backgrounds and financial systems. This study examines the legal foundations regulating Islamic banking in Indonesia and Malaysia, as well as how these regulations are implemented to support the sustainable development of the Islamic banking industry. Furthermore, this research also explores the challenges faced by both countries in ensuring compliance with Sharia principles, as well as efforts to create an inclusive and stable system in the banking sector. The novelty of this research lies in its in-depth understanding of the contextual differences in the implementation of Islamic banking regulations, as well as the comparison of policy and strategy aspects applied in Indonesia and Malaysia, providing a new contribution to the study of Islamic banking regulation in Southeast Asia.
Juridical-Philosophical Review of the Position of Sharia Compliance in Islamic Banking in Indonesia Kurniawan, Rahmad; Asnawi, Nur; Fahmi, Chairul
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 2 (2024): December 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i2.497

Abstract

A juridical-philosophical analysis of the position of sharia compliance in Islamic banking in Indonesia aims to explore the understanding and legal foundation underlying the implementation of sharia principles within the Islamic banking industry. In this context, sharia compliance refers to adherence to Islamic legal principles that must be applied by Islamic banks in all aspects of their operations, including financial products and services. Islamic banking in Indonesia has a clear legal foundation, namely Law No. 21 of 2008 on Islamic Banking, which provides the legal basis for the development of Islamic banking in Indonesia. In this regard, sharia compliance becomes a crucial element to ensure that transactions and banking activities do not violate sharia principles such as the prohibition of riba (interest), gharar (uncertainty), and maysir (gambling). Philosophically, the implementation of sharia compliance in Islamic banking is not only related to legal aspects but also to moral and ethical aspects in Islam that prioritize justice, blessings, and social welfare. From this perspective, sharia compliance functions as a foundation to create an economic system that is fair, transparent, and based on adherence to religious values. However, challenges in implementing sharia compliance in Islamic banking in Indonesia still exist, particularly related to differences in interpreting the implementation of sharia principles, as well as the need to continuously align regulations and operational practices to keep pace with global economic developments. Therefore, the position of sharia compliance in Islamic banking in Indonesia is not only a legal obligation but also a commitment to integrate moral principles into the management of the financial sector, which ultimately aims to create the welfare of the community within a just economic system.

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