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Istinbath : Jurnal Hukum
Published by Institut Agama Islam Negeri Metro Lampung
ISSN : 18298117     EISSN : 25273973     DOI : https://doi.org/10.32332/istinbath.v17i1
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Istinbath : Jurnal Hukum is Open Journal of Law, a Journal that contains legal-based scientific papers. Published by Sharia Faculty of IAIN Metro. Ever applied for accreditation in 2016. It is published twice a year in Mei and November. Istinbath Journal Law is a periodical publication of scientific articles containing thematic laws with various approaches in the scope of positive law and Islamic law. Journals are published in print and online. Istinbath Journal of Law is published by the IAIN Metro Sharia Faculty. Istinbath Journal of Law is published as an attempt to socialize scientific studies in the form of literature review articles and research results related to the law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 300 Documents
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Implementation of E-Court and Its Impact on Justice Seekers in the Legal Process at the Religious Court Adella Rofi’ah; Nawa Angkasa
Istinbath : Jurnal Hukum Vol 21 No 01 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i01.9668

Abstract

This research aims to find out how the implementation of e-Court according to the Supreme Court Regulations which provides a new breakthrough in the procedural process through electronic mechanisms at the Class IAMetro Religious Courts in particular and its impact on justice seekers in the procedural process. Bearing in mind that justice seekers tend to experience difficulties in carrying out activities in court during the proceedings, where justice seekers must come to the court first. This will take time and money to implement, of course it will also make services less efficient and effective in case registration and trial processes. The most important essence is in resolving cases electronically where the Religious Courts are one of the authorities that handles cases at the first level. This is the embodiment and realization of the hope of the existence of this system for the justice seeking community which can provide benefits which are made easier so that the process of proceedings can be carried out smoothly. effective and efficient. The method used in this research is qualitative and is described using primary data sources and secondary data sources. Primary data sources are from Legal Aid Posts, Case Managers/PTSP, Secretaries, Registrars, Judges and Justice Seekers at Class I A Metro Religious Courts who are informants. Apart from collecting interview results and documentation, this research was also carried out by carrying out structured data processing using inductive thinking methods.
Problems of the Formulation of Asset Forfeiture Resulting from Corruption Crimes: A Comparative and Conceptual Study Sry Karina Br. Sinuhaji; Mar'ie Mahfudz Harahap
Istinbath : Jurnal Hukum Vol 21 No 01 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i01.9695

Abstract

Corruption in Indonesia has long been a severe transnational issue requiring appropriate handling. Although Law No. 31 of 1999 and Law No. 20 of 2001 on the Eradication of Corruption have provided a legal basis for combating corruption, weaknesses remain in their implementation. This study aims to evaluate the effectiveness of these laws by employing a legislative approach and analyzing the opinions of scholars. The primary focus of this research is on asset confiscation resulting from corruption, as regulated by the Anti-Corruption Law, which serves as a key instrument in combating corruption. The findings indicate that unclear legal norms and weak coordination among law enforcement agencies still hinder the implementation of asset confiscation. The conclusion of this study emphasizes the need for regulatory improvements and enhanced coordination among institutions to maximize the effectiveness of asset confiscation in efforts to eradicate corruption in Indonesia
Legal Protection for Victims of Sexual Harassment on Social Media from the Perspective of Islamic Criminal Law Epan Apanda; Noor Azizah
Istinbath : Jurnal Hukum Vol 20 No 02 (2023): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v20i02.9772

Abstract

Sexual harassmentn social media has become a significant issue in the context of law and digital security in this era. This phenomenon has the potential to harm individuals seriously and requires effective legal protection. This research uses a qualitative approach, a type of normative juridical research, to explore how current laws and policies handle cases of Sexual harassment on social media. The research results show that even though there is a positive legal framework in place, law implementation and enforcement still face challenges in handling complex cases of Sexual harassment in the digital realm. Protection for victims of Sexual harassment needs to be improved through broader education about digital ethics, increasing law enforcement capacity, and improving regulations that are more responsive to the dynamics of modern social media. From the perspective of Islamic criminal law, the protection of dignity and social justice is also highly upheld, with rehabilitation efforts to change the behavior of perpetrators.
The Concept of Maslahah in the Dynamics of the Rukyah and Hisab Methods for Determining the Beginning of the Lunar Month Karis Lusdianto
Istinbath : Jurnal Hukum Vol 20 No 01 (2023): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v20i01.9793

Abstract

Determining the beginning of the lunar month is a significant issue in Islamic tradition, especially in establishing the timing of religious observances such as Ramadan and Eid al-Fitr. The methods used for this determination, namely rukyah (moon sighting) and hisab (astronomical calculation), often lead to differing opinions among Muslims. This paper aims to analyze the dynamics between the rukyah and hisab methods through the lens of the maslahah theory, which emphasizes the achievement of good and the prevention of harm for the community. The analysis shows that the rukyah method is more relevant for determining the beginning of months related to major religious observances, as it aligns with sharia tradition and helps maintain the unity of the Muslim community. Conversely, the hisab method is more efficient for determining the start of months not directly related to religious observances, such as 1 Muharram, as it provides certainty and ease in planning. The conclusion of this paper is that integrating both methods, with an emphasis on their respective contexts, can optimize the maslahah for Muslims, ensure the smooth execution of religious practices, and support unity within the community.
The Concept of Structural Legal Aid in Handling and Corruption Eradication Hidayat; Dhiauddin Tanjung; Mhd. Yadi Harahap
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.8712

Abstract

Corruption is a structural crime that is very dangerous for social life. Because this crime will destroy the social order system in various sectors. Starting from education, economics, law and others. Therefore, it is necessary to immediately resolve this problem using the right concept. Namely using the concept of Structural Legal Assistance which prioritizes community participation (non-litigation) to be fully involved in corruption eradication activities. Another thing that can be said is that this concept also does not rule out the concept (litigation) of taking action against corruption crimes. Apart from that, the use of the concept of Structural Legal Assistance in eradicating corruption often faces the risk of obstacles or obstacles in its implementation. So this is where the existence of maqashid sharia as a knife edge for analyzing the concept of structural legal assistance in eradicating corruption. This research uses a type of juridical-empirical research with a legislative approach, a case approach and a conceptual approach. Furthermore, to enrich the content of this research the author conducted interviews and observations at the YLBHI institution. Then supported by legal materials, journals and data documents related to this research. The results of this research are that maqashid sharia views the concept of structural legal assistance as highly recommended as a concept for eradicating corruption. Because this concept prioritizes recovery and development of the impact of corruption crimes.
Characteristics of Domestic Violence in the Context of Divorce Legal Formulation of the Religious Chamber in SEMA No. 3 of 2023 Masyayih, Ali Akbar; Al Waris, Mohammad Wahyu; Rato, Dominikus
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.9269

Abstract

This research aims to analyze the resolution of divorce disputes in religious courts after the implementation of Circular Letter of the Supreme Court of the Republic of Indonesia Number 3 of 2023 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Court Chamber of the Supreme Court in 2022 as a Guide to the Implementation of Duties for the Court. The method used for this research is a normative legal research method which refers to literature and legal research, then data collection and analysis is carried out after which conclusions are drawn using deductive thinking methods. The results of the study show that, the publication of the Religious Chamber's Formulation of Circular Letter Number 3 of 2023 which regulates that to maintain a marriage and fulfill the principle of making divorce difficult, divorce cases based on continuous disputes and quarrels can be granted if it is proven that the husband/wife has continuous conflicts and quarrels. continuously, or have been separated from their residence for at least 6 (six) months, it does not just appear out of thin air but goes through a long process. The Supreme Court through the Religious Chamber Meeting Formulations in SEMA 4 of 2014 also provided several indicators indicating the condition of a broken household ( broken marriage ). This formulation was then refined in SEMA 3 of 2023 which provides instructions for judges to consider sufficiently and carefully when adjudicating divorce cases. The formulation of the Religious Chamber Meeting in SEMA 3 of 2023 emphasizes the provisions of Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage, which makes it easier for judges to explore the roots of divorce problems submitted by husbands or wives to minimize the reasons for divorce, continuous disputes and quarrels
Effectiveness of E-Court-Based Services in Resolving Civil Cases at the Sukadana District Court Iqbal Juliansyah; Imam Mustofa; Moelki Fahmi Ardliansyah
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.9692

Abstract

This study examines the implementation of the effectiveness of E-Court-based services at the Sukadana District Court in an effort to resolve various civil issues. E-Court as an innovation of information technology in the judicial system aims to accelerate, simplify, and increase the transparency of the judicial process. This service includes electronic registration of lawsuits, payment of court fees, submission of documents, implementation of trials to delivery of decisions digitally. This study aims to determine the effectiveness of E-Court-based services in resolving civil issues at the Sukadana District Court. The research method used is qualitative using an empirical legal approach involving data collection through in-depth interviews and document analysis, using triangulation techniques to determine interview sources including the chief justice, deputy chief justice, clerk, judges, staff, advocates and the public in litigation. Evaluation of the success of E-Court at the Sukadana District Court shows several determining factors for success, such as reliable technological infrastructure, commitment to implementing regulations and positive acceptance from service users. This study found that the implementation of E-Court was able to reduce bureaucracy, accelerate the judicial process and provide wider and more transparent access for the parties to the case. However, challenges such as technological infrastructure and human resource readiness still need to be overcome to achieve optimal implementation. Overall, E-Court has the potential to be an effective solution in resolving civil issues at the Sukadana District Court, as well as a step forward in modernizing the justice system in Indonesia. This study also revealed that E-Court has positive implications, such as increasing the effectiveness of case resolution, saving time and costs, and increasing transparency and integrity of the justice system.
Adaptation of Islamic Criminal Law in Facing Digital Economic Crime in the Era of Technological Disruption Fikri, Ahmad Lutfi Rijalul
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.9808

Abstract

The rapid development of digital technology has significantly impacted various aspects of life, including the economy, but it has also given rise to complex digital economic crimes. This research examines the adaptation of Islamic criminal law in facing the challenges of digital economic crimes, such as online fraud, money laundering, and skimming. The method used is qualitative with a descriptive-analytical approach, relying on literature and official documents. The research findings indicate that Islamic criminal law needs to update its definitions and classifications of crimes to include actions in the digital space and apply principles of justice, prevention, rehabilitation, legal certainty, and limitations on punishment. In addition, using technology in law enforcement and international cooperation is crucial in addressing transnational crime. With a comprehensive approach, Islamic criminal law can serve as an effective tool in creating a safer and more just society in the era of technological disruption.
Legal Study on the Oversight of Overloaded Motor Vehicles: Efforts to Protect Road Safety and Infrastructure Imam Mukhlisin; Muhammad Hariri; Sainul
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.9847

Abstract

The oversight of motor vehicles exceeding weight limits is critical in safeguarding road safety and protecting infrastructure from premature damage. Overloaded vehicles are a common issue, contributing significantly to accidents and accelerated road deterioration, which incurs high repair costs and disrupts public transport and logistics. This study examines the legal frameworks and regulatory practices aimed at controlling vehicle overloading in Indonesia. Utilizing a normative juridical approach, the research reviews pertinent laws, regulations, and real-world cases involving load limit violations to gain insights into the effectiveness of existing policies. Findings reveal that while stringent load regulations are in place, enforcement remains inconsistent due to various limitations, including outdated monitoring technology, insufficient human resources, and challenges in coordinating between regulatory agencies. The research identifies critical obstacles in the current oversight mechanisms, such as a lack of real-time data collection and limited roadside weighing facilities, which hinder comprehensive monitoring. Furthermore, penalties for overloading are often inadequate to deter repeat violations. Based on these findings, this study recommends a multi-faceted approach to strengthen vehicle load regulation enforcement. Suggested improvements include upgrading monitoring technology, such as installing automatic weigh-in-motion systems, increasing the frequency and coverage of roadside inspections, and implementing more severe penalties to enhance deterrence. Additionally, the study emphasizes the need for inter-agency coordination and public awareness campaigns to foster compliance among vehicle operators. Through these initiatives, Indonesia can better protect its roadways, ensuring both road safety for all users and the long-term sustainability of its infrastructure.
Comparison of Derivative Action Regulations in Indonesia and South Korea in Providing Legal Protection for Minority Shareholders Putri, Melisa Dwi; Al Farisi, Muhammad Fahmi Reksa
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.9849

Abstract

The board of directors can harm the interests of minority shareholders considering that shareholders are passive parties who do not participate in managing the company, thus there is a possibility of infringing upon the rights of the shareholders. A derivative action is a lawsuit by a shareholder on behalf of and representing the corporation against members of the board of directors who have made mistakes that resulted in losses to the corporation. Derivative action plays an important role in providing balanced protection for minority shareholders. The purpose of the research is to find a comparison of the regulation of derivative actions in Indonesia and South Korea in providing legal protection for minority shareholders. The research methodology uses a normative juridical method with a comparative research type. The research results indicate that the quality of protection for minority shareholders can be seen based on the jurisdiction of each country, which is rooted in the system used by that country. The fundamental difference between derivative action in Indonesia and Korea is that South Korean law has regulations regarding public shareholders who can file derivative lawsuits, with the requirement that they must have been shareholders for at least 6 consecutive months. In contrast, Indonesia does not have any regulations regarding this matter.

Page 28 of 30 | Total Record : 300

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