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Dr. Mahfud Fahrazi, SHI., MH
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Kantor Redaksi Uniska Law Review, Gedung C lantai 2 Fakultas Hukum Universitas Islam Kadiri, Jl. Sersan Suharmaji Nomor. 38, Manisrenggo, Kota Kediri, Kediri, Jawa Timur 64128.
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INDONESIA
UNISKA LAW REVIEW
Published by Universitas Islam Kadiri
ISSN : 27745260     EISSN : 27745252     DOI : 10.32503.
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Kami tertarik pada topik yang terkait dengan masalah hukum di Indonesia ataupun hukum Internasional. Adapun kajian hukum yang kami sarankan seperti : Hukum Perdata Hukum Pidana Hukum Acara Perdata Hukum Acara Pidana Hukum Bisnis Hukum Konstitusi Hukum Tata Negara Hukum Administrasi Negara Hukum Adat Hukum Islam Hukum Agraria Hukum Lingkungan Hukum Internasional Hukum Perburuhan Hukum dan Hak Asasi Manusia.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 8 Documents
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Search results for , issue "Vol 4 No 1 (2023): Uniska Law Review" : 8 Documents clear
Institutional Reconstruction of The Indonesian Ulama Council Within The Indonesian Government System Yudi Widagdo Harimurti; Safitri Safitri; Ansori Asnori
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.3468

Abstract

The Indonesian Ulama Council (MUI) is an institution that houses Muslim scholars and intellectuals throughout Indonesia. Whether it is requested or not, one of the functions of The Indonesian Ulama Council is to give a legal opinion (fatwa) towards Muslims and the government. MUI fatwas provide a significant role for society and the government, it is proven by the use of the MUI fatwa as a guideline for the community in responding to daily problems related to religion. Many fatwa materials are implemented in several laws and regulations including sharia issues, narcotics, banking, waqf, pornography, and others. However, MUI Fatwas do not have the binding force of law because of its MUI position as a social organization, not a state institution. Therefore, this research was conducted to explain further the existence of MUI in the constitutional system of the Republic of Indonesia and how MUI should be arranged in the constitutional system of the Republic of Indonesia. This research employed a normative research method. The approach used was the statute approach and the historical approach. The results of this study indicate that MUI has an important role in the constitutional system of the Republic of Indonesia. It is proven by the issuance MUI fatwa stated that MUI Fatwa becomes part of the legal basis for the state and becomes a referral source for the government in making decisions. Thus, a better arrangement of MUI in the constitutional system of the Republic of Indonesia must be carried out to maintain the legal force of the MUI Fatwa involvement in the constitutional system of the Republic of Indonesia.
Law and Consumer Protection Muhammad Anas Arifin; Kelik Wardiono
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.3532

Abstract

This research aims to describe forms of unfair business competition practices that result in scarcity of 3kg LPG Gas and consumer protection, is based on legal research with a non-doctrinal approach. The data in this study are primary data collected through interviews with purposively selected informants, as well as supported secondary data collected by literature study. Based on the results of research and discussion conducted on business actors, it was found that there were business actors engaging in unfair business competition by practicing closed agreements; as well as business actors who carry out monopolistic practices, resulting in scarcity of 3 Kg LPG Gas and harming consumers.
Customers Mal Wa Tamwil in The Event of Dissolution of The Body Law Annisa Sayyid
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.3746

Abstract

This study aims to identify and analyze the application of legal protection for depositors when a legal entity is disbanded with obstacles that hinder the fulfillment of the rights and obligations of the parties. The analysis utilizes a statutory and conceptual approach. The legal basis for protection for BMT customers is Law no. 1 of 2013 concerning Microfinance Institutions (LKM), specifically articles 24 and 25, which regulates the prevention of disputes or revocation of permits. Article 26 states that the Financial Services Authority (OJK) provides depository complaint services if it causes them to suffer losses. However, if the BMT is a cooperative legal entity, then it uses the basis of Law No. 25 of 1992, specifically article 54 concerning settlement. This difference in rules is one of the factors in the slow resolution of the problems of liquidated BMT customers. The government should provide clear rules regarding the institutional status of BMTs, so that the settlement of the legal protection of its customers becomes clear However, if the BMT is a cooperative legal entity, then it uses the basis of Law No. 25 of 1992, specifically article 54 concerning settlement. This difference in rules is one of the factors in the slow resolution of the problems of liquidated BMT customers. The government should provide clear rules regarding the institutional status of BMTs, so that the settlement of the legal protection of its customers becomes clear However, if the BMT is a cooperative legal entity, then it uses the basis of Law No. 25 of 1992, specifically article 54 concerning settlement. This difference in rules is one of the factors in the slow resolution of the problems of liquidated BMT customers. The government should provide clear rules regarding the institutional status of BMTs, so that the settlement of the legal protection of its customers becomes clear.
Concept of Wali Adlol Decision in Islamic and Positive Law Perspective Mochamad Wahid Hasym
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.3747

Abstract

Wedding is a vow between a man and a woman to reach the family goals. This definition strengthens that the wedding is like a vow that means there is freewill of each party to take the promise or having the similar principle of like or free contract in civil law. There are many problems aroused in the society, especially for the women who are ready to get married but sometimes complicated with the reluctant of her guardian to realize it. Finally, they take the simple way to realize their ambition and love by doing something avoided by the decency, obscenity, even religion norms. Therefore, the concept of adlol guardian decision in Islamic and positive law will be discussed in this research. This research used library research method whose a primary law source collection method is KHI and Islamic law source, either Al-Qoran or Al-Hadith, ijma’ and qiyas, while its secondary law sourceyis fiqh books or literature related to the problem. The result of research about the determination of adlol guardian in Islamic or positive law is as the following: there is khilafiah of the difference of opinion among some priests. Syafi’iyah and Malikiyah priests tells that if the guardian is reluctant or adlol, so the guardian’s duty will be directly taken by judge (Wali Hakim), while according to Hanafi and Hambali, it is forbidden to give the right of guardian to judge, but the right must be given to the following guardian by sequence till the end of the dzawil arham. While in Positive Law (KHI) in clause 23 verse 2 which tells if the guardian is reluctant or adlol, so the judge can be a guardian after court ruling. The positive law (KHI) should take all mahzab and change the guardian’s petition classified into volunteer at first to be contentious problem.
The Establishment of The Notary Office Law Article 37 Reviewed From The Political Perspective of National Law Rahayu Putri Wulansari
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.3968

Abstract

The political notion of notarial law is urgently needed in the its affairs aspect, especially after the amendment of the UUJN, bearing in mind that there are regulations that came after the amendment of the law. Changes to the UUJN itself are legal politics in the notary because there are several articles in the UUJN which are still concise, even though generally and clearly stated “explanatory attachments” such as Article 37 of UUJN National legal politics as a basic guideline for all forms and processes of formulation, formation, and development of law in the country. If the national legal politics is the basic guideline for all forms and processes of formulating, forming, and developing laws in the country, it can be ensured that national legal politics must be formulated in a statutory regulation that is also fundamental, not in a technical statutory regulation.
Implementation of Legal Protection of Photographic Works Based on Article 40 Paragraph (1) Letter K of Act Number 28 of 2014 Concerning Copyrights Dewi Narakarti; Mahfud Fahrazi; Dwi Sisbiantoro
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.3982

Abstract

Legal protection for photographic works has been regulated in Act Number 28 of 2014 concerning Copyright. The more people who are connoisseurs and practitioners of photography, as well as the methods and patterns of publication in the field of photography, the more interesting it is to analyze how the law is applied in society. This study aims to analyze the application of legal protection to photographic works based on Article 40 paragraph (1) Letter K of Act Number 28 of 2014 concerning Copyright, as well as what efforts should be made by the government to provide protection for photographic works. This research was conducted by empirical method. The results of this study indicate that the implementation of legal protection for photographic works based on Article 40 paragraph (1) Letter K Act Number 28 of 2014 concerning Copyright is still lacking in its application, due to several factors that become obstacles. Many parties are actually aware of the existence of protection for photographic works, but many also underestimate the violations committed. This happened due to several factors, including firstly a lack of understanding of the protection of Photographic Copyrights. As well as the government should make more efforts to disseminate understanding about the importance of protecting copyrighted works of photography, because regional offices of the Directorate General of Intellectual Property Rights are only in big cities, it is necessary for Regency or City Governments to participate in carrying out preventive and repressive legal protection efforts.
The History of Human Rights Politics Siswadi, Imran; Supriadi, Supriadi
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.4745

Abstract

The authors want to look at how human rights politics in the history of human rights development (19th Century and The First Decade of the 20th Century) has changed in the past and now. The authors try to anlayse, investigate, and explain the basic structure and political position backgrounds of the human rights in the historical development. In the study of normative law, it tries to investigate, explain, and analyze the basic structures and political positions of the rights of the people. Then, normative juridical method is applied for this study. The results show that the power relationship among contries and conflicting alliance patterns has experienced a shifting of basic structure in the previous and now, and the power relations among contry patterns have experienced the shift of basic structures.
Reality of Minor Marriage Dispensation Arrangements in Indonesia and Bangladesh Ramadhani, Dwi Aryanti; Sakti, Muthia; Febriana, Meutia Caesar
UNISKA LAW REVIEW Vol 4 No 1 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i1.4439

Abstract

Law Number 16 of 2019, concerning Amendments to Law Number 1 of 1974 concerning Marriage, has substantially renewed the age of Marriage to 19 years for boys and girls as a form of government effort to reduce the number of child marriages. However, Article 7 Paragraph (2) provides opportunities for child marriages under the age of 19 years. The Court gives this opportunity through the provision of marriage dispensation. Marriage dispensation is also found in Bangladeshi marriage law. Article 19 of Bangladesh's Child Marriage Restriction Act states that girls under 18 and boys under 21 can enter into Marriage if parental or court approval can be obtained in exceptional circumstances. The prevailing marriage dispensation breaks the expectation of a decline in child marriages. This study aims to explain the provision of dispensation for Marriage to minors, which compares the arrangements in Indonesia and Bangladesh. This research is qualitative research with a normative juridical approach. Solve problems using a statutory approach and a comparative approach with data obtained through a literature study, which is described in an analytical descriptive manner. The results of the study show that there is a difference in regulating the dispensation of Marriage for minors in Indonesia and Bangladesh. The conclusion of this study shows that regulations in both countries granting dispensation for Marriage to minors are contradictory to changes in the rules for the age limit for Marriage.

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