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Madani Legal Review
Published by Universitas Muhammadiyah Parepare
ISSN : 25979353     EISSN : 25806319     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Fokus dari Jurnal ini untuk menyediakan sebuah wadah baik akademisi, peneliti, praktisi untuk mempublikasikan hasil-hasil penelitian dan bidang cakupannya sesuai dengan topik Jurnal yakni membahas masalah Hukum, diantaranya: Hukum Pidana, Hukum Perdata, Hukum Internasional, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Islam, Hukum dan HAM, Hukum Ekonomi Bisnis, ekonomi syariah, Hukum Kesehatan, Hukum Lingkungan, Hukum Adat, Filsafat Hukum, Sosiologi Hukum, Psikologi Hukum, Hukum Pajak dan HAKI.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 5 Documents
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Search results for , issue "Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW" : 5 Documents clear
ANALISIS YURIDIS TERHADAP TINDAK PIDANA YANG DILAKUKAN OLEH PENYEDIA APLIKASI PINJAMAN ONLINE Dirga Agung, Wahyu Rasyid
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1432

Abstract

Since This research discusses the types of crimes committed by online loan application providers and criminal sanctions against criminal acts committed by online loan application providers. In addition, this study examines criminal acts related to interference (interference) within the scope of online loan applications. The results of this study refer to Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Government Regulation of the Republic of Indonesia Number 82 of 2012 concerning Implementation of Electronic Systems and Transactions, and Regulation of the Minister of Communication and Information of the Republic of Indonesia. Indonesia Number 7 of 2016 concerning Administration of Investigation and Enforcement of Criminal Acts in the Field of Information Technology and Electronic Transactions. Then legal protection for online loan application users occurs when the obligations of the online loan application provider are not carried out, it can be resolved through litigation (courts) or non-litigation channels (mediation, reconciliation, etc.).
REALITAS PELAKSANAAN HUKUM ISLAM PERSPEKTIF FATWA MAJELIS ULAMA INDONESIA DAN PERUNDANG-UNDANGAN DI INDONESIA Nilhakim, Marilang, Kurniati
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1433

Abstract

The majority of Indonesia's population is Muslim, with a long history of Islamic growth. This historical (historical) aspect is a fact of the roots of Islam in accompanying the growth journey of Indonesian citizens which is not only related to religion, social life, especially the life of the nation and state. The emergence and establishment of such Muhammadiyah and Nahdlatul Ulama as mass organizations with a religious character have shared the pattern of growth and journey of Islamic law in Indonesia with the birth of fatwas and their decisions. Positive progress in the national legal system in Indonesia was seen during the New Order era, the growth of fatwas in Indonesia faced positive progress, namely the occurrence of the Indonesian Ulema Council (MUI). The procedure in this research is a qualitative procedure with a survey of documents in the form of an MUI fatwa. In collecting information, the researcher reviews the library research, after that it is collected so that a normative (syar'i) and juridical theological approach is carried out. With the establishment of the MUI, recorded in history up to now, there have been many MUI fatwas and advices referred to as products of Islamic legal thought which have become a reference source in various laws and regulations. In the Indonesian constitution, the MUI lies in the role of elements of the administrative infrastructure. Because MUI is an organization of Muslim Ulama who has the duty and role to empower citizens or Muslims, so that MUI is an organization that exists within the community, not part of state-owned institutions or representing a country. The reality of the application of Islamic law from the perspective of the MUI fatwa and legislation in Indonesia from an abstract regulatory perspective, a fatwa will be binding if it has been in the form of a certain law by an authorized institution, for example a law or regional regulation (PERDA) so that it becomes a positive law. There are also times when there are people or Muslim citizens who want to carry out a fatwa so that it can be an individual religious understanding, but not as a legal obligation.
TINJAUAN YURIDIS PELAKSANAAN IZIN ALIH FUNGSI LAHAN PERTANIAN KE NON PERTANIAN DI KABUPATEN PINRANG Asram A.T.Jadda, Sadriyah Mansur, Sitti Rahma Haeruddin
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1434

Abstract

This study aims to determine the implementation of permits for conversion of agricultural land to non-agricultural and law enforcement against violations of permits for conversion of agricultural land to non-agricultural functions in Pinrang Regency. This research uses descriptive qualitative research with an empirical normative approach. Data obtained from the results of literature studies and interviews. The results of this study indicate that the implementation of permits for conversion of agricultural land to non-agricultural functions in Pinrang Regency has been carried out in accordance with applicable laws and regulations where not all permit applications are granted, the granting of permits must be in accordance with the established Regional Spatial Plan (RTRW). The obstacles that cause the implementation of permits have not been maximized due to the lack of comprehensive socialization and the lack of responsiveness of the community in complying with licensing procedures. Law enforcement of violations of permits for conversion of agricultural land to non-agricultural functions in Pinrang Regency has also been carried out but has not been maximized. The sanctions given to people who violate permits are still not firm and do not cause a deterrent effect.
TINJAUAN YURIDIS PERAN DINAS LINGKUNGAN HIDUP DALAM PENANGANAN SAMPAH DI WILAYAH PESISIR PANTAI KOTA PAREPARE Muthmainnah, Nurhaedah Hasan, Vina Wulandari Mursjid
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1435

Abstract

The purpose of this study is to find out the juridical review of the role of the environmental service in handling waste in the coastal area of ​​Parepare City, and to find out the constraints of the environmental service in handling waste in the coastal area of ​​Parepare City. This study uses a descriptive-qualitative type of research with an empirical normative approach. The data collection techniques used are by means of library research, field studies and interviews. Based on this research, it shows that in carrying out its role the Environmental Service regarding waste transportation has been equipped with facilities and infrastructure including garbage transportation cars or cars (fleets). So the regulation on the role of the Environment Agency in the waste reduction target from 2018 to 2021 has increased, while the waste handling target from 2018 to 2021 has gone up and down. As for the constraints of the Environmental Service in achieving its objectives, namely from the environmental analysis carried out, internal factors can be identified and external factors related to waste management in Parepare City.
SANKSI /PIDANA KERJA SOSIAL, TELAAH DOUBLE TRACK SYSTEM (MONO-DUALISTIK/DAAD-DAADER STRARFTRECHT) Firmansyah,Riska Amalia Armin
Madani Legal Review Vol. 5 No. 2 (2021): MADANI LEGAL REVIEW
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v5i2.1436

Abstract

This study aims to determine the concept of the double track system and its relation to social work crimes. This study uses a normative approach, data analysis is carried out using descriptive-qualitative analysis. The findings obtained from this study, among others. double track system or a 2 (two) track system, which recognizes the equality between criminal sanctions and action sanctions by looking at the fact that the elements of reproach/suffering through criminal sanctions and elements of coaching through action sanctions are equally important. Meanwhile, related to social work crime, it is associated with the concept of a double track system, which can be applied to 2 (two) aspects, namely non-litigation, that the case is resolved outside the court by applying social work sanctions and coaching, while litigation uses the term social work crime by modifying it in the form of working witnesses. which has several benefits such as fostering a social spirit, an event for socialization and an arena for building emotional relationships between the community and the community and the community with law enforcement as well as for the welfare of the community because the target is the economically disadvantaged

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