JOURNAL of LEGAL RESEARCH
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
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<![CDATA[The Practice of Buying and Selling Online Using the Cash On Delivery Method on the Shopee Application in the Perspective of Islamic Law: A Case Study of Students of the Az-Zaytun Islamic Institute of Indonesia ]]>
<![CDATA[Intan Khoiriyah]]>;
<![CDATA[Rizal Maulana]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.27248
<![CDATA[The mechanism of buying and selling carried out online has advantages for Shopee application users who do not have an e-wallet and can minimize the occurrence of fraud. However, Cash on Delivery payment transactions on the Shopee application lately often cause problems made by buyers because buyers are not responsible for making payments that result in cancellations in their transactions. The factors behind the cancellation of the contract in the Cash on Delivery transaction on the Shopee application are that the goods do not match the product description, the buyer does not have money to pay, the goods are damaged when received, the buyer cannot be contacted, and the buyer changes his mind to buy. The practice of buying and selling using the Cash on Delivery method on the Shopee application is in accordance with Islamic law. Where buying and selling in Islam is given the freedom to choose to cancel the trade contract or continue the trade contract.]]>
<![CDATA[Kepastian Hukum Akta Jual Beli Hak Atas Tanah Bersertifikat Atas Hutang Piutang Yang Didasarkan Kuasa Mutlak ]]>
<![CDATA[Erny Oktavina]]>;
<![CDATA[Ramlani Lina Sinaulan]]>;
<![CDATA[I Wayan Karya]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.28058
<![CDATA[The sale and buy agreement is a consensual agreement, meaning that the existence of an agreement between the parties is sufficient to constitute the contract. However, the land sale and purchase agreement stipulated by Law No. 5 of 1960 on Agrarian Principles is a valid contract because it is founded on customary law, which is cash, real, and unambiguous. The agreement between the seller and buyer of land rights, although the sale and purchase cannot be performed before the PPAT, must be stated in a contract, which in general, such legal activities are carried out in the presence of a notary. This research employs a normative legal methodology that is supplemented by interviews. According to the findings of the study, the position of absolute power serves as the basis for the sale and purchase of recognized land rights. Absolute power as the basis for the deed of sale and purchase of land rights can be exercised so long as it is an integral component of the sales agreement. Absolute authority results from the emergence of wants based on the principle of contract freedom, whose restrictions are outlined in Articles 1320 and 1338 of the Civil Code.]]>
<![CDATA[Ketentuan Hukum Positif Indonesia Dalam Mengatur Perkawinan Beda Agama dan Akibat Hukumnya ]]>
<![CDATA[Megawati Megawati]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.28234
<![CDATA[Compilation of Islamic Law discussion of interfaith marriage is regulated in the chapter on marriage prohibition which is described in articles 40 to 44. This study aims to determine the provisions of positive Indonesian law in regulating interfaith marriages. In addition to knowing the law of interfaith marriage according to positive Indonesian law. This study uses a qualitative research method with a statutory approach. The results of the study stated that there were negative consequences of interfaith marriages, both from the psychological and juridical aspects. The psychological aspect is indicated by the waning and not achieving the goals of domestic life. This interfaith marriage slowly destroys the happiness in the household. In addition to fighting over the influence of children to follow the teachings of their respective religions which causes children to be mentally disturbed.]]>
<![CDATA[Scientific Evidence of a Clash between Das Sollen and Das Sein in the book Who Rules the World by Noam Chomsky ]]>
<![CDATA[Nur Rohim Yunus]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.27658
<![CDATA[In Who Rules the World?, Chomsky’s target audience and methods differ somewhat from traditional academic treatments of US foreign policy. His analyses are concise but brief vignettes on a relatively broad range of issues relating to American power, including the Israel-Palestine conflict, the threat of nuclear war and relations with Iran. Nonetheless, a handful of common themes thread the essays together, providing answers to the question posed by the title of the book.Perhaps the most provocative theme is Chomsky’s view on the motives behind the exertion of state power at home and abroad. It is often argued that the behaviour of democratic state actors is strongly informed—if not determined—by security considerations; in other words, states’ first priority is to guarantee the protection of the nation and its citizens from external or domestic threats. This, it is assumed, gives state behaviour an aspect of democratic accountability, since citizens have the ability to withdraw their consent for being ruled by a government that cannot make those guarantees. But Chomsky notes that this is unlikely to be the primary motive behind state behaviour, not least because in the American context as well as elsewhere it has been so unsuccessful. For example, since the beginning of the global “war on terror” there has been a sharp increase in the number of terrorist attacks in both the West and the Middle East, thereby making the world a less safe and secure place than it was before. If the United States’ priority was to eradicate terrorism, Chomsky’s argues, there are considerably more effective and rational ways of doing so than the strategies adopted in the wake of 9/11. ]]>
<![CDATA[Kepastian Hukum Terhadap Akta Hak Tanggungan Atas Harta Bersama Yang Belum Dibagi Paska Perceraian Tanpa Persetujuan Mantan Suami/Istri ]]>
<![CDATA[Janthy Prisilya Karundeng]]>;
<![CDATA[Jelly Nasseri]]>;
<![CDATA[Felicitas Sri Marniati]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.28059
<![CDATA[In the banking industry, it is a well-known fact that there are frequently issues with joint assets that have not been divided after a divorce and that are used as collateral for mortgage rights. The case of court decision number 177/Pdt. G/2019/PN Bks is illustrative. In this study, the problem to be addressed is the legal consequences of the deed of mortgage on shared assets that have not been divided post-divorce without the ex-husband/consent wife's and the legal certainty of the deed of mortgage on shared assets that have not been divided post-divorce without the ex-husband/consent, wife's using Soeroso's theory of legal consequences and Jan Michelle Otto's Legal Certainty theory. In this work, the author employs a normative legal methodology supported by an empirical methodology. The results of the study indicate that the legal consequences of the mortgage deed on joint assets that have not been divided after the divorce without the consent of the ex-husband or ex-wife can result in the mortgage being made and a cancellation lawsuit being filed because it violates the ex-rights. spouse's Based on Jan Michel Otto's legal certainty theory, a mortgage deed formed on joint assets that have not been divided after divorce without the approval of the ex-husband/wife has no legal certainty value because the mortgage is made without the consent of the ex-husband/wife.]]>
<![CDATA[Analysis of the Practice of Istishna Contracts in Online Buying and Selling Based on Islamic Law ]]>
<![CDATA[Hana Fauziah Balqis]]>;
<![CDATA[Irvan Iswandi]]>;
<![CDATA[Moch. Syafii]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.28245
<![CDATA[This study analyzes the practice of istishna' contract in online buying and selling based on Islamic law. The purpose of this study is to find out and understand the practice of Istishna' contract in buying and selling online at the Headway Leather store and analysis of the practice of Istishna' contract in buying and selling online at the Headway Leather store based on Islamic law. The research method uses a qualitative approach with in-depth interviews with sellers and buyers at the Headway Leather store, totaling 5 informants. The results of the study stated that the Headway Leather online store markets the goods it sells online using Instagram social media, consumers order goods to sellers via DM Instagram and Whatsapp, sellers and buyers make transactions and submit specifications of goods from buyers to sellers. Then the seller asks the manufacturer to make the goods, and the manufacturer makes the goods according to specifications. When the goods are finished, the goods are delivered to the buyer. The practice of istishna' contract in online buying and selling applied at the Headway Leather online store is in accordance with the provisions of the istishna' contract according to the perspective of Islamic law.]]>
<![CDATA[Kewenangan Hakim Untuk Menetapkan Penangguhan Penahanan Sementara Terhadap Terdakwa Dalam Pemeriksaan Perkara Pidana Berdasarkan Kuhap ]]>
<![CDATA[Muclas Ade Putra]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.28241
<![CDATA[In order for the judge to be able to investigate the defendant's case, the judge has the authority to detain the defendant. In addition, the judge is in the best position to determine whether or not the defendant should have his or her detention suspended before the case is decided by the court. This authority comes from the judge's intimate familiarity with the case. The suspension of the detention of the suspect or defendant from his or her family, the existence of guarantees against the suspect or defendant in the form of money or people in the suspension of detention, and the judge's belief that, according to Article 21 paragraph (1) of the Criminal Procedure Code, the suspect or defendant will not flee, will not damage evidence, and will not commit the crime again are all factors that can lead to a judge granting a suspension of detention.]]>
<![CDATA[Dampak Over Kapasitas Di Lembaga Pemasyarakatan Kelas I Cipinang Bagi Narapidana ]]>
<![CDATA[Utomo Bimantoro]]>;
<![CDATA[Muhammad Nurul Irfan]]>;
<![CDATA[Mara Sutan Rambe]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.21528
<![CDATA[The overcapacity of convicts resulted in the adoption of negative living procedures at Cipinang Class I Prison, which has the ability to impede the reintegration efforts of inmates, who are feared to be able to thwart the prison's original purpose. This thesis seeks to understand the preventive and resolution efforts against the repetition of crimes in Cipinang Class I Prison as a result of the prison's overcrowding by determining in advance the impact of the prison's overcrowding on inmates' rights. This study employs a type of empirical juridical research by conducting field interviews with the Class I Cipinang Prison, followed by studies on literary materials by reading, examining, and analyzing literature to generate studies linked to the theme of this thesis. The results indicated that the overpopulation of Cipinang Class I Prison led to a lack of supervision of detainees, which disrupted the rights of inmates. In prisons when the number of inmates exceeds the capacity, the function and purpose of prisons are impeded, and jails may become criminal academies. To prevent this from occurring, Cipinang Class I Prison conducts preventative measures consisting of unannounced searches of inmate dormitories and interactions with convicts. In addition, as a kind of countermeasures, Cipinang Class I Prison administers sanctions based on the category broken by convicts. ]]>
<![CDATA[Kepastian Hukum Atas Pemecahan Sertifikat Induk Tanah Terkait Developer Perumahan Yang Dinyatakan Pailit ]]>
<![CDATA[Fernedy Fernedy]]>;
<![CDATA[Yuhelson Yuhelson]]>;
<![CDATA[Cicilia Julyani Tondy]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.28106
<![CDATA[Real estate and housing remain persistent issues for many neighborhoods. There are still issues with the application of law in the realm of land ownership, and these issues frequently lead to disputes and conflicts. This study is a form of normative, doctrinal, or dogmatic legal inquiry. The study found that the buyer/consumer who has paid in full and made a deed of sale and purchase at the PPAT needs to look at the legal repercussions of the developer's failure to solve the certificate from two different angles: the developer's and the court's. While waiting for the certificate split process carried out by the curator as the responsible developer for the developer who has been declared bankrupt, and for consumers who have not yet completed payment on the house purchased from the developer, and only have PPJB, buyers can apply for a name transfer process at the land office. The consumer or buyer of the house whose solution has not been taken care of by the developer who is declared bankrupt can apply as a concurrent creditor so that the curator takes care of it and receives full compensation from the developer as represented by the curator or continues to manage the house. the homebuyer's or consumer's best interests. Since the house has not yet been completely paid off, the consumer/buyer of the house must also fulfill their commitments to pay off the remaining mortgage installments. Additional unfulfilled commitments include finishing the down payment on the developer-purchased home.]]>
<![CDATA[Medical and Sports Equipment Online Business Practice in the Perspective of Positive Law and Islamic Law: Case Study at Desmira Medika Store, South Jakarta ]]>
<![CDATA[Yahya A Ashiri]]>;
<![CDATA[Irvan Iswandi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 4, No 4 (2022) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v4i4.27561
<![CDATA[The purpose of this thesis was to find out the perspective of positive law and Islamic law on the online business practice of medical and sports equipment stores carried out by Desmira Medika Stores. The research method used by the researcher was a qualitative approach and the type of research was a case study (case upproach). The data collection techniques used in this study were observations, interviews, and case study documentation on the implementation of the business that occurred. Meanwhile, the data analysis technique was carried out through interviews, then verification, and drawing conclusions obtained.Based on the research that has been conducted by the writer, the following results are obtained: When associated with positive law, the online business is a legally valid transaction according to Article 1338 paragraph (1) of the Civil Code concerning the Principle of Freedom of Contract. According to Islamic law, online business is also a legitimate transaction because nothing contradicts or violates the pillars and conditions of the legality of buying and selling.]]>
