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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 85 Documents
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STRENGTHENING RISK MANAGEMENT OF SHARIA BANKING IN INDONESIA Miftah Idris
Madani Legal Review Vol 3 No 1 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (330.846 KB) | DOI: 10.31850/malrev.v3i1.341

Abstract

The risk faced by sharia banking in channeling funds through financing is the biggest source of risk for business operations, because the presence of problematic financing not only lowers income for Islamic banks but also affects the health of Islamic banks. Therefore, risk management is needed to identify, measure, monitor and control risks in accordance with Islamic banking business activities. The purpose of this study is how efforts are made to improve the optimization of risk management in Islamic Banking. The research method used is descriptive legal research or literature with a type of qualitative research. The results of the study found that there is a need for optimization of institutions and systems in strengthening risk management in Islamic banking today
NASKAH AKADEMIK, TANTANGAN DPRD KABUPATEN/KOTA DALAM PEMBENTUKAN PERATURAN DAERAH Ibrahim Fattah
Madani Legal Review Vol 3 No 1 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (553.277 KB) | DOI: 10.31850/malrev.v3i1.342

Abstract

This study aims to find out and examine the challenges of the district / city DPRD in preparing Academic Manuscripts as the initial manuscript for planning the formation of local regulations that are extracted from the community (botton up) as a result of legal research. The type of research used is juridical-normative and juridical-empirical research. In order to realize the Academic Script in the formation of regional regulations at the district / city level, the DPRD faces challenges in terms of routine routines within the DPRD and in its parties. Academic manuscripts in the formation of regional regulations have not yet become a well-planned stage so that the rationale and reasons for the need for the preparation of academic texts as a reference for the establishment of certain regional regulations have not been revealed in a comprehensive and systematic manner. The legal basis of academic texts has been very strong, especially after the birth of Law Number 12 of 2011 concerning the Establishment of Legislation, as stated in Article 56 paragraph (2). Community participation and stakeholders in public discussion / consultation activities are spaces provided to accommodate views, proposals and include criticism of the establishment of the Regional Regulation.
WHITE COLLAR CRIME (KEJAHATAN KERAH PUTIH) DALAM PENEGAKAN HUKUM PIDANA Syahdi Buamona
Madani Legal Review Vol 3 No 1 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (496.06 KB) | DOI: 10.31850/malrev.v3i1.343

Abstract

this paper analyzes several problems, namely what is the white collar crime and how the white collar crime in criminal law enforcement. using the method used is normative juridical as for the results of the research, first, white collar crime is basically done by certain people who have a position, occupation, and position and are well-known in the life of society. The officials actually use their power in the wrong way, without paying attention to the impact on society and the country. Second, in the aspect of criminal law enforcement, white-collar crime is a crime in a position offense as a criminal event committed by people who work for a government bureaucracy and / or cooperate with other people. As a result of their actions, as well as criminal acts of corruption will be detrimental to state finances and declared an act that violates the law, both in the form of violations and crimes regulated by law.
TINJAUAN HUKUM LINGKUNGAN TERHADAP PERLINDUNGAN DAN PENGELOLAAN KEANEKARAGAMAN HAYATI Asram AT Jadda
Madani Legal Review Vol 3 No 1 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (482.51 KB) | DOI: 10.31850/malrev.v3i1.344

Abstract

This research discusses the protection and management of biodiversity in environmental law perspective. Indonesia has a large biodiversity which needs to be managed and protected. Indonesia has enacted laws and regulations on biodiversity, but they are still weakly and less effectively implemented. Furthermore, it is a fact that regulations stipulated by the government or certain sectors do not still accommodate interests of all parties. Legal issues examined here is whether Act No. 32 of 2009 on the Protection and Management of the Environment has protected biodiversity in Indonesia and how is the implementation of policies in protecting biodiversity during this time. The research results show that Act No. 32 of 2009 on the Protection and Management of the Environment has protected the biodiversity in Indonesia. Implementation of policies about the protection and management of biodiversity during this time can be viewed from the relationship of policy between the government and the regional government, such as the authority and institutions to manage and protect the environment, including instruments to manage biodiversity
INTEGRATED LAW ENFORCEMENT (GAKKUMDU) IN MANAGING GENERAL ELECTIONS IN INDONESIA Ridwan Arifin
Madani Legal Review Vol 3 No 1 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (372.46 KB) | DOI: 10.31850/malrev.v3i1.345

Abstract

The number of general elections in Indonesia, such as in regional head elections, leagislative elections and in the election of president and vice president. In general elections, the president and vice president are often referred to as legislative elections, while the head of the region itself has the title, namely regional head elections only. The proverb says that where there is a rule there will be an offense. Therefore, to avoid any undesirable things, an improvement is needed to deal with this. In order to avoid fraud, in the improvement there is certainly an institution that regulates, namely from the law apparatus, as an apparatus in law enforcement is required to be able to ensure the existence of violations in the implementation of elections only because solely to enforce integrated law. In fact, the general election is always interesting so that it can be investigated, which is contained in the rules, implementation, and in the participants and the community. It certainly determines the success of the general election. If the rules are already felt or considered to be good in its implementation without capable law enforcement so that it will be difficult also in its realization. Good rules and good law enforcers also cannot maximize if the people themselves are ignorant and do not care about existing regulations. So, order between the three of them bound each other. In general elections it does not only involve one or two people, but requires a lot of people, so that the community is required to participate in issuing their opinions. But with so many parties participating in the election, there were many violations of the implementation, for example in 2014, where there were still many violations in general elections. Whereas at that time there was a socialization of the implementation of the general election which was socialized by the KPU and Bawaslu, not only socialization but also from the Bawaslu and its staff who participated in efforts to prevent the occurrence of violations in general elections. Although in the end socialization in prevention still cannot reduce the number of violations that exist. In dealing with this problem the creation of a system can reduce violations during the election, namely the process of synergy of Gakkumdu with the aim of realizing democratic elections in 2019 in the hope that it can provide the effect of clarity and change in carrying out general elections
PERAN POLISI HUTAN DALAM PENANGGULANGI TINDAK PIDANA ILLEGAL LOGGING DI INDONESIA Asram AT Jadda
Madani Legal Review Vol. 3 No. 2 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v3i2.405

Abstract

This study aims to determine the role of the forest police in overcoming the crime of illegal logging in the forest area of ​​Pinrang Regency and the factors that become obstacles for the forest police in overcoming the crime of illegal logging in the forest area of ​​Pinrang Regency. The research was conducted in Kaseralau Village, Pinrang District Batulappa District, namely in the Pinrang District Forestry Service, by conducting direct interviews with the Head of the Pinrang District Forestry Service, members of the Forest Police and community leaders and reviewing Laws and other literature relating to research. Data analysis was performed using descriptive - qualitative analysis. The findings obtained from this study include: (1) In its implementation, the forest police have not played an optimal role in tackling crime in Pinrang District, especially in the village of Kaseralau. This is because the forest police do not exercise their authority as stipulated in Law Number 41 of 1999 concerning Forestry; (2) Factors of illegal logging in forest areas which become an challenge for forest police to deal with illegal logging in the forest area of ​​Pinrang District, especially in the village of Kaseralau, there are no investigators from the Forestry Office of Pinrang Regency so that all cases of illegal logging are submitted to the Police Pinrang. Another obstacle is the lack of forest police personnel and the lack of operational facilities. In addition, the geography of the forest area of ​​Pinrang District specifically in the village of Kaseralau also affected because the forest area was difficult to reach by the forest police
ANALISIS YURIDIS PENEGAKAN HUKUM LINGKUNGAN TERHADAP PENCEMARAN LAUT DI WILAYAH PESISIR PANTAI LAKESSI KOTA PAREPARE ibrahim
Madani Legal Review Vol. 3 No. 2 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v3i2.406

Abstract

This study is a study that aims to find out how the law enforcement arrangements against Sea pollution in the coastal areas of Lakessi and how the influence of public legal awareness in law enforcement against waste pollution in the coastal areas of Lakessi Coast of Parepare. In this study the authors used a type of normative-empirical research that the authors obtained from regional laws and interviews with the surrounding community. The writing of this journal also the author collects data in accordance with the type of research that the author obtained, namely by field studies and literature studies as for the data analysis technique that the authors use is qualitative descriptive analysis. The research results obtained by the author are that the government has not optimally used 3 legal instruments namely, Administrative Law Enforcement, Civil Law and Criminal Law. And in the process of enforcing coastal areas in Lakessi it is still very low, due to the absence of socialization, the lack of adequate bins / trash bins, hands off / lack of decisive action from the government related to sea pollution in the coastal areas
PENEGAKAN HUKUM LINGKUNGAN DALAM BIDANG PENGELOLAAN SAMPAH SEBAGAI PERWUJUDAN PRINSIP GOOD ENVIRONMENTAL GOVERNANCE DI KOTA PAREPARE wahyu; Hidayat, Asrul
Madani Legal Review Vol. 3 No. 2 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v3i2.407

Abstract

This research is a research that aims to find out the application of the principle of good investment governance in the field of waste management in the city of Parepare. Knowing the role of the government, related agencies and the community in applying that principle.So that the principle of good investment governance can be achieved in accordance with the aims and objectives of the principle.This research is based on the incorporation of normative research with legislation related to this study. Some laws and also regional regulations. The legal materials used based on the research approach are primary legal material, Secondary legal materials,and Tertiary legal materials. While data analysis is used, namely collecting data from library data and interview results using a qualitative-descriptive approach.The results of the study can be concluded, first in the city of Parepare the rules on waste are contained in the field of regulation based on national and regional tierakat regulations, these regulations include: Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, Law Number 32 of 2004 concerning Regional Government revoked by Law Number 23 of 2014 concerning Regional Government, Law No. 32 of 2009 concerning Environmental Protection and Management, Law No 18 of 2008 concerning Waste Management, Regional Regulation of the Municipality of Parepare Number 11 of 2012 concerning Waste Management. Second, elements of the Elements in the principle of Good Environmental Governance can be a reference by the government and the community in waste management in efforts to enforce preventive and repressive environmental law in waste management namely community empowerment, transparency, democratic decentralization, recognition of limited power support ecosystems and sustainability, Recognition of the rights of indigenous peoples and local communities, Enforceability.
PERLINDUNGAN DAN PENGELOLAAN WILAYAH KAWASAN PESISIR DAN PULAU-PULAU KECIL BERDASARKAN UU NO. 27 TAHUN 2007 Sadriyah Mansur
Madani Legal Review Vol. 3 No. 2 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v3i2.415

Abstract

The birth of Law Number 27 Year 2007 about Protected Area Management Of Small Island And Coastal basically show the same management regime of coastal and marine resources of Indonesia, which encouraged privatization of coastal waters and small islands of Indonesia, through the Coastal Concessions (HP-3). The result showed that the protection and environmental management in coastal regions and small islands, especially on HP-3 set forth in Article 16 up to Article 20, namely: the utilization is given in the form of HP-3 covering the surface of the sea and pool water up to the surface of the sea floor, HP-3 is given in area and time, must pay attention to the preservation of ecosystems, indigenous peoples, national interests, as well as the right of innocent passage for foreign ships, HP-3 is given to individuals, badah law, and indigenous peoples, given for a period of 20 years and can be extended up to two times, the HP-3 can be switched, transferred and pledged debt.
ANALISIS YURIDIS TERHADAP PENATAAN RUANG KAWASAN PESISIR PANTAI MATTIROTASI DALAM MENUNJANG KEPARIWISATAAN DI KOTA PAREPARE Firmansyah
Madani Legal Review Vol. 3 No. 2 (2019): Madani Legal Review
Publisher : FAKULTAS HUKUM UM PAREPARE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31850/malrev.v3i2.417

Abstract

This research was conducted by examining spatial planning patterns and community activities that were obstacles and problems in the region. The purpose of this study is to arrange the existing space in the Mattirotasi Beachfront Area, including existing and permitted activities based on the policy and the existing constraintsandproblems.The results of the study showed that there were problems and problems that existed in the Mattirotasi Beach Area, including solid waste, street vendors, area parking areas, maintenance, area management and activities of local communities (fishermen). While for landscape planning, the regional spatial plan is divided into 4 segments with 3 core segments and 1 buffer segment, for planned circulation and access to the area and between segments planned for 2 lanes namely primary and secondary lines.

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