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Jefry Tarantang
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INDONESIA
Jurnal Ilmu Hukum Tambun Bungai
Published by Sekolah Tinggi Ilmu Hukum Tambun Bungai
ISSN : 25029541     EISSN : 26859386     DOI : 10.61394
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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 105 Documents
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Normative Review of Economic Democracy In The Indonesian Sharia Banking Legal Framework Riza Hafizi, Muhammad; Rahman, Zainur
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.379

Abstract

This research is a normative review of economic democracy within the legal framework of Indonesian sharia banking. In this context, this article aims to explore how the principles of economic democracy are reflected in the legal regulation of Islamic banking in Indonesia. The research method used is a normative approach involving a literature review and legal analysis of sharia banking regulations in Indonesia. The research results show that bank regulations in Law no. 7 of 1992, Law no. 10 and 21 of 1998, as well as other regulations, consistently promote democratic principles in Indonesia's national financial system. The Indonesian sharia banking institutional system which began in December 1983 marked an important first step in integrating sharia principles into the national banking system. Apart from that, the importance of the prudential principle in regulating sharia banking in Indonesia is also emphasized in this research. The precautionary principle aims to ensure that banks operate legally and in accordance with the principles of sharia law, as well as to protect consumer interests. This research provides valuable insight into how economic democracy is reflected in Indonesia's Islamic banking legal framework. The implications of these findings can be used to increase understanding of the importance of economic democracy in building an inclusive and sustainable financial system in Indonesia.
Exploring International Legal Challenges For Unhcr In Dealing With Rohingya Refugees In Aceh, Indonesia Hasanah, Uswatun; Binti Ibrahim, Elly Adriana
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.382

Abstract

The difficulties the UNHCR has managing Rohingya refugees in Indonesia are the main topic of this article. This article focuses on the challenges faced by the United Nations High Commissioner for Refugees (UNHCR) in managing Rohingya refugees in Indonesia. As the primary international agency tasked with refugee management globally, the UNHCR plays a crucial role in preventing statelessness, determining refugee status, and providing comprehensive remedies. However, the study reveals that despite receiving approval from the Indonesian government to operate, the UNHCR encounters difficulties in fulfilling its mandate to assist Indonesia's ethnic Rohingya refugees. This limitation is attributed to the escalating number of asylum seekers in Indonesia requiring aid. The research utilizes content analysis to delve into UNHCR's struggles with Rohingya refugees, gathering and analyzing various sources such as reports, studies, news, and policies related to Rohingya refugees in Aceh. Through this method, the study uncovers patterns and challenges encountered by the UNHCR, including managing crises and navigating international and local cooperation. Ultimately, this research provides a detailed understanding of the complexities surrounding the Rohingya refugee crisis in Aceh.
Constructionilsm of Functionlism: Belom Bahadat as Legal Culture of The Dayak Community In Palangka Raya Natalia, Desi; Munte, Alfonso
Jurnal Ilmu Hukum Tambun Bungai Vol 9 No 1 (2024): June 2024
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v9i1.383

Abstract

This research examines the concept of "Belom Bahadat" as a deep legal culture in the Dayak community in Palangka Raya, using the perspective of Max Weber and Talcott Parsons. This concept not only includes formal aspects of law, but also represents ethical-religious values ​​and social integration mechanisms that are important in the life of the Dayak community. Max Weber's perspective helps us understand how "Belom Bahadat" is closely related to religious values ​​and traditional legitimacy, while Talcott Parsons' perspective highlights the role of this concept in maintaining social stability and societal cohesion. Using a qualitative approach and documentation analysis, data was collected through participant observation and in-depth interviews with members of the Dayak community. The research results show that the concept of "Belom Bahadat" not only acts as a formal legal system, but also as a cultural foundation that regulates the behavior, social interactions and life patterns of the Dayak people. The ethical-religious values ​​represented by "Belom Bahadat" have a strong influence in shaping the social order and maintaining the continuity of Dayak community culture. The conclusion of this research is that the perspectives of Max Weber and Talcott Parsons provide valuable insight in understanding the complexity of the concept of "Belom Bahadat" as the legal culture of the Dayak community in Palangka Raya. By integrating these two perspectives, we can better understand the role of values, social structures, and integration mechanisms in forming and maintaining the concept of "Belom Bahadat" in the lives of Dayak people.
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.
The Role of the Palangka Raya City Government in Promoting the Halal Economic Ecosystem Wendy Wiraganti, Risna; Syarifuddin; Khair, Abdul; Patrajaya, Rafik
Jurnal Ilmu Hukum Tambun Bungai Vol 10 No 1 (2025): June 2025
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v10i1.499

Abstract

This study examines the strategic role of the Palangka Raya City Government and the awareness level of business actors in developing a halal economic ecosystem in Central Kalimantan. Using a qualitative approach through literature studies, interviews, and observations, this research is based on the Sustainability Governance Theory to analyze the continuity of regulations in supporting the halal economy, as well as the Fraud Pentagon Theory (Crowe Howarth, 2012) to identify obstacles in the implementation of halal certification based on five elements: pressure, opportunity, rationalization, capability, and arrogance. The halal economic ecosystem in Central Kalimantan is influenced by two main factors. First, government intervention remains dominant due to the low independent initiative of business actors in obtaining halal certification. Second, medium-sized business actors are more aware of halal certification as both a legal obligation (juridical imperative) and a strategic investment to enhance competitiveness. From the perspective of the Fraud Pentagon Theory, pressure arises from regulatory demands and market preferences, while weak opportunity in supervision creates loopholes for the circulation of uncertified products. Medium-sized businesses have a higher level of rationalization regarding halal certification compared to micro and small enterprises, as they view it as a quality assurance and business investment. Capability is a challenge for UMKM with limited resources, whereas arrogance is observed among business actors who consider certification unnecessary. This study explores the impact of low business awareness, limited policy support, and restricted access to halal certification within the framework of the Five Pentagon Assets. The deficit in human capital is reflected in the lack of understanding among business actors, while the constraints in financial and social capital are evident in the lack of incentives and regulatory support. The sustainability of halal certification depends on strengthening these five assets through policy harmonization, optimizing awareness, and increasing the independence of business actors in consistently meeting halal standards. Keywords : Halal Ecosystem, Government Role, Halal Certification.

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