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AL-Ishlah : Jurnal Ilmiah Hukum
Published by Universitas Muslim Indonesia
ISSN : 14109328     EISSN : 26140071     DOI : https://doi.org/10.56087/aijih.v25i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Ishlah : Jurnal Ilmiah Hukum adalah jurnal peer review yang diterbitkan dua kali setahun Mei dan November oleh Fakultas Hukum Universitas Muslim Indonesia sejak Tahun 1998, dimaksudkan untuk menjadi jurnal untuk penerbitan hasil penelitian tentang hukum baik studi empiris dan normatif, terutama dalam masalah hukum kontemporer. Berbagai topik tetapi tidak terbatas pada: 1. Hukum Pidana 2. Hukum Konstitusi 3. Hukum Perdata dan Komersial 4. Hukum Hak Asasi Manusia 5. Hukum Ekonomi 6. Hukum Internasional 7. Hukum Islam atau Syariah 8. Hukum Adat 9. Hukum Lingkungan 10. Pendidikan Hukum 11. Hukum Komparatif Jurnal ini bertujuan terutama untuk memfasilitasi dan menyediakan forum bagi para sarjana hukum dan profesional untuk membahas dan mempromosikan perkembangan terkini tentang masalah hukum di seluruh dunia, diterbitkan dalam bahasa Indonesia, dan tinjauan ini berupaya memperluas batasan wacana hukum Indonesia untuk mengakses kontributor dan pembaca di seluruh dunia. Oleh karena itu, tinjauan ini menerima kontribusi dari para sarjana dan profesional hukum internasional serta dari perwakilan pengadilan, penegak-penegak hukum, otoritas eksekutif, pemerintah, dan lembaga kerjasama pembangunan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 101 Documents
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Tanggung Jawab Balai Besar Konservasi Sumber Daya Alam dalam Pencegahan Perambahan Kawasan Hutan Konservasi di Nusa Tenggara Timur Mau, Ellon Belwan Cornelius; Naatonis, Mathelda
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 1: Desember 2023 - Mei 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i1.430

Abstract

This research aims to examine the relationship between the increase in encroachment on conservation forests and the classification of forests based on their ownership status, as well as assess the East Nusa Tenggara BBKSDA's responsibility in addressing conservation forest encroachment. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that land ownership claims, boundary disputes, and a lack of community understanding regarding conservation forest status are the primary causes of encroachment. Although the East Nusa Tenggara BBKSDA has taken various proactive steps to address conservation forest encroachment, the issue has not yet been fundamentally resolved. Therefore, it is recommended that the Local Government and East Nusa Tenggara BBKSDA take concrete measures to tackle the ambiguity of land ownership status, which is one of the root problems of conservation forest encroachment. These measures could begin with reviewing and updating data related to land boundaries and ownership status, followed by mediation between the government and the community to resolve border disputes fairly and transparently. Furthermore, it is essential for traditional institutions and local communities to actively participate in this process actively, utilizing local knowledge and traditions in determining fair and mutually recognized land boundaries. The Local Government and BBKSDA must also enhance efforts to socialize and educate the community about the importance of conservation forests, including the long-term benefits of forest conservation for environmental sustainability and the local economy. These efforts should be carried out through effective communication appropriate to the local cultural context so that the community can accept and value the importance of conservation forests.
Tantangan Pemolisian Hibrida dalam Menanggulangi Jaringan Penipuan Online: Studi Kasus dari Kabupaten Sidrap Suarmita, I. G. N. Adi; Purnomo, Hadi
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 1: Desember 2023 - Mei 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i1.442

Abstract

This research aims to examine the concept of hybrid policing in the context of crime prevention, specifically cyber fraud in Sidrap Regency. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the characteristics of cyber fraud in Sidrap Regency exhibit anonymity and disregard for geographical boundaries, with the primary motivation of the perpetrators being personal gain. They employ fake identities and compromised devices to execute their schemes, exacerbated by technological advancements, the public’s lack of awareness, and existing regulatory gaps. Therefore, it is recommended that the POLRI renew and adapt their policing model to be more responsive to the dynamics of cybercrime by implementing a hybrid policing approach. This involves active collaboration with community organizations in prevention efforts, which are expected to increase public awareness and strengthen the cyber security network. Additionally, developing an effective knowledge management system is advised, facilitating the exchange of information and strategies for handling cybercrime cases more efficiently. For researchers, it is crucial to examine further the social and psychological impacts of cybercrime on victims, which can contribute to forming a theoretical and practical foundation for a more holistic and victim-oriented approach to preventing and handling cybercrime in Sidrap Regency.
Kejahatan Konspirasi dan Perbantuan dalam Terorisme Ambarita, Folman P.; Idharudin, Taufiq
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 1: Desember 2023 - Mei 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i1.443

Abstract

This study aims to understand the application of material criminal law to the crime of conspiracy and assistance to commit terrorism. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the definition of criminal conspiracy in Article 88 of the Penal Code encompasses an agreement between two or more individuals to commit a crime. Initial discussions not directly related to crime planning do not fall within the category of a malicious conspiracy. Furthermore, concerning the crime of terrorism, material criminal law does not differentiate between the roles of conspirators, assistants, and main perpetrators in terrorism. Consequently, an agreement to commit a terrorist crime made by two or more individuals already fulfils the element of criminal conspiracy. In this context, conspirators and terrorism assistants can be prosecuted according to Government Regulation in Lieu of Law Number 1 of 2002, even if the planned terrorist act has not been executed. Therefore, it is recommended for law enforcers, including POLRI, Prosecutors, and Judges, to pay close attention to the nuances of the criminal conspiracy definition according to the Penal Code and Government Regulation in Lieu of Law Number 1 of 2002 in the eradication of criminal acts of terrorism. It is crucial to distinguish between initial discussions that do not indicate preparation for a criminal act and explicit agreements to commit a terrorist crime. Law enforcers must apply a thorough understanding of how material criminal law classifies conspirators, assistants, and main perpetrators without distinction in terrorism cases. Thus, fair and accurate handling of individuals planning terrorist crimes can be realized while upholding the principles of justice and proportionality in law enforcement.
Perikatan yang Lahir karena Kontrak dan Undang-Undang serta Hubungannya dengan Akta Autentik Dongoran, Hana Marty; Aminah, Aminah
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 1: Desember 2023 - Mei 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i1.444

Abstract

This study aims to delve deeper into the dynamics between obligations arising from contracts and laws and the role of authentic deeds, as well as to explore the implications of the legal force inherent in each element in establishing and maintaining an obligation. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that legal obligations can be formed through various mechanisms, including contracts, laws, and authentic deeds. A contract, which can be either a written or oral agreement, creates a legal bond between the parties, with its legal force depending on the fulfilment of established legality conditions. Laws, as regulations made by the government, establish rights and obligations that are generally applicable and binding for all citizens, including in the context of legal obligations. Meanwhile, an authentic deed created by a notary offers a higher level of legal certainty than ordinary contracts due to its inherent evidentiary power and legal recognition. Therefore, it is recommended that parties in an obligation carefully consider the type of agreement to use in line with the complexity and legal needs of the obligation. Written or oral contracts may suffice for simple transactions or agreements, which meet all required legality conditions. However, for more complex obligations or those requiring high legal certainty, such as property transactions or significant business agreements, it is highly advisable to use an authentic deed prepared and authenticated by a notary. Choosing the appropriate obligation mechanism will ensure the legality and legal force of the agreement and provide better protection for all involved parties against potential disputes in the future.
Pertanggungjawaban Pidana atas Penipuan melalui Short Message Service (SMS) yang dilakukan oleh Anak Tajuddin, Tajuddin
Al-Ishlah: Jurnal Ilmiah Hukum Vol 26 No 1: Desember 2022 - Mei 2023
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v26i1.445

Abstract

This research aims to discover the criminal responsibility of the crime of fraud by spreading spam via SMS by children and its handling. This research uses the empirical method, which in this case uses field data such as the results of interviews and observations as the main data. The results of this study indicate that criminal liability for fraud by spreading spam via SMS by children in Sidrap Regency is based on Article 7 section (1) of Law Number 11 of 2012, namely by being returned to parents/guardians after diversion efforts by investigators. The handling is in the form of pre-emptive efforts, namely socialization and repressive efforts, namely imposing warning and criminal sanctions. Based on this research, it is suggested that the Legislative Body form a law that regulates criminal liability for children who commit criminal offenses other than imprisonment or return to parents, which can provide a strong deterrent effect but can also be more beneficial for the child’s life in the future. It is also suggested that the Police improve their performance in overcoming the criminal offense of fraud by spreading spam through SMS committed by children.
Optimalisasi Perlindungan Konsumen dan Peningkatan Perdagangan Mata Uang Virtual di Indonesia: Studi tentang Peraturan Otoritas Jasa Keuangan Ekawati, Dian; Tohir, Toto; Susanto, Susanto
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 1: Desember 2023 - Mei 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i1.452

Abstract

This study aims to normatively analyze OJK Regulation Number 3 of 2024, focusing on consumer protection in the context of the increasing trade in virtual currency in Indonesia. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that OJK Regulation Number 3 of 2024 is crucial in optimizing consumer protection and increasing virtual currency trading in Indonesia. Through the general provisions in OJK Regulation Number 3 of 2024, which cover consumer protection and the sandbox mechanism, the regulation supports responsible testing and development of FinTech innovations. The practical implementation of OJK Regulation Number 3 of 2024, emphasizing personal data protection and transparency, adds a layer of consumer protection. Overall, OJK Regulation Number 3 of 2024 creates an environment conducive to safe and regulated virtual currency trading, enhancing investor and consumer confidence in the Indonesian FinTech ecosystem. Therefore, it is recommended that the government and OJK, FinTech innovators and virtual currency traders, as well as consumers and investors, take strategic steps to enhance consumer protection and optimize virtual currency trading in Indonesia. The Government and OJK need to ensure the effective implementation of OJK Regulation Number 3 of 2024 through widespread socialization, strict supervision, and firm law enforcement against violations. FinTech innovators and virtual currency traders should develop robust risk management systems, enhance operational transparency, and ensure compliance with personal data protection provisions. Consumers and investors are advised to improve their digital financial literacy, critically assess investment risks, and interact only with platforms and service providers that have been verified and comply with OJK regulations. The collaboration between regulators, the industry, and the community will create a safer, more transparent, and sustainable virtual currency trading ecosystem, supporting the growth of the FinTech sector in Indonesia while minimizing potential risks for consumers and investors.
Konstitusionalitas Peradilan Adat dalam Penyelesaian Sengketa Masyarakat Adat di Kabupaten Tana Toraja Marham, Usman; Husen, La Ode; Razak, Askari
Al-Ishlah: Jurnal Ilmiah Hukum Vol 26 No 1: Desember 2022 - Mei 2023
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v26i1.453

Abstract

This research encapsulates an attempt to thoroughly investigate and analyze the constitutionality of customary justice in the context of dispute resolution among indigenous peoples, with particular emphasis on the ways in which disputes are resolved through customary justice institutions in Tana Toraja Regency. The research method applied was a combination of a normative (doctrinal) legal research approach relating to legal theory and doctrine, and an empirical (non-doctrinal) legal research approach focusing on practical experience and field observations. The findings of this study underscore the importance of considering the political context of law in evaluating the constitutionality of customary justice, given that the system is faced with a range of complex challenges. In practice, the dispute resolution process through customary justice in Tana Toraja Regency is organized by a reconciliatory judge, who is tasked with facilitating the process of deliberation between the disputing parties with the aim of reaching a mutually acceptable agreement or decision. Recommendations from this study highlight the need for legislative efforts to formulate clearer laws and regulations regarding the role and procedures of customary justice in resolving disputes in indigenous communities. There is also a need for local policies that support the role of conciliatory judges in the customary justice system in Tana Toraja. This research not only provides a deeper understanding of customary justice practices, but also provides a foundation for improved policies and better legal practices in the future, which can strengthen the protection of indigenous peoples’ rights and support sustainable and inclusive development.
Hukum Perkawinan Adat Samawa: Menyelaraskan Kearifan Lokal dengan Hukum Nasional Putra, Rifky Anantha; Rahayu, Mella Ismelina Farma
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 1: Desember 2023 - Mei 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i1.458

Abstract

This research aims to analyze and understand how integrating the Samawa tribe’s local wisdom in the practice of indigenous marriage can occur harmoniously and in alignment with Indonesia’s national law. This research uses an inductive qualitative analysis. Inductive analysis is an approach that begins with field facts, analyzes them based on relevant legal theories and arguments, and ultimately yields a conclusion. The results show that Samawa indigenous marriage law can integrate harmoniously with national law. This integration encompasses indigenous law, where the Tana Samawa Indigenous Institution is crucial in preserving local wisdom. The existence of this indigenous institution, regulated by Sumbawa Regency Regulation Number 10 of 2015, demonstrates the Regency Government’s commitment to integrating local wisdom with the national legal system. In indigenous marriage, this integration ensures that local wisdom remains valid under indigenous law and has legality under Law Number 1 of 1974. Challenges and obstacles in preserving Samawa indigenous marriage, require a comprehensive approach that includes education, documentation of customs, and promotion of local wisdom through modern technology. Therefore, it is recommended that the Tana Samawa Indigenous Institution continue to strengthen the preservation and development of local wisdom through comprehensive education programs and documentation, and forge more intensive cooperation with the Regency Government and educational institutions. The Department of Education and Culture of Sumbawa Regency is recommended to integrate local wisdom material into the formal and non-formal education curriculum, and support cultural preservation initiatives by providing adequate facilities and resources. Samawa indigenous people are recommended to actively participate in the preservation of customs, support programs run by the indigenous institution and government, and use modern technology to document and promote their traditions, ensuring that local wisdom values remain alive and respected in everyday life.
Implementasi Pelindungan Karya Cipta Buku Berdasarkan Undang-Undang Hak Cipta: Studi Kasus Penjualan Buku Bajakan di Marketplace Shopee Winanda, Miftah Anggun; Saidin, Saidin; Azwar, Tengku Keizerina Devi
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.460

Abstract

This research aims to understand the implementation of Law Number 28 of 2014 in addressing pirated book sales on Shopee. This study uses an empirical legal research method, adopting a virtual ethnographic approach to understand the legal behavior of internet users. The results show that the implementation of Law Number 28 of 2014 in addressing the sale of pirated books on Shopee is still not optimal, especially regarding monitoring and law enforcement. Effective law enforcement is necessary to strengthen copyright protection and restore losses that have occurred, including removing illegal content, civil lawsuits, and applying criminal fines as consequences for negligence. Therefore, it is recommended that various parties selling books on Shopee enhance their copyright protection efforts. First, Shopee should proactively improve its monitoring system to identify and remove infringing content before transactions occur. Second, Shopee sellers should ensure that their products comply with copyright requirements. Third, consumers should raise their awareness of the importance of purchasing legitimate products and support copyright protection efforts by reporting pirated books they find on the marketplace. Lastly, copyright holders are advised to actively monitor the distribution of their work and collaborate with marketplaces like Shopee to prevent copyright infringements and utilize available legal mechanisms to take action against violations. Through coordinated cooperation among all these parties, a fairer and more just environment in the digital market can be expected.
Penyelesaian Perkara Pencurian dengan Pendekatan Keadilan Restoratif di Pengadilan Bahari, Roni; Surbakti, Natangsa; Iksan, Muchamad
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.461

Abstract

This research aims to understand how theft cases are resolved using the restorative justice approach in court. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that resolving theft cases with a restorative justice approach in court offers a new paradigm that not only focuses on applying retributive justice but prioritizes the processes of restoration and reconciliation between the Accused and the Victim. Through the implementation of Supreme Court Regulation Number 1 of 2024, the stages of case resolution with restorative justice from trial preparation to creating a restorative agreement ensure that the justice pursued is restorative. The effectiveness of this approach depends on the Victim’s willingness to forgive the Accused, the restoration of losses suffered by the Victim, and the Accused’s status as a non-recidivist. Therefore, it is recommended that Judges proactively facilitate dialogue between the Accused and the Victim and ensure that the restorative agreement adheres to the principles of proportionality and substantive justice. Public Prosecutors should more actively identify cases suitable for restorative resolution and prepare proof and physical evidence carefully to support the mediation process. The Accused and the Victim are encouraged to participate openly and honestly in mediation. In particular, The Victim needs encouragement to state their losses and needs clearly, and to consider the option of reconciliation as a step towards recovery. Finally, the community is expected better to understand the benefits and processes of restorative justice, thereby providing broader support for a criminal justice system oriented not only towards delivering retributive justice but also towards restoration and repairing social relationships in the future.

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