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Borobudur Law Review
Published by Universitas Muhammadiyah Magelang
ISSN : -     EISSN : 2723052X     DOI : 10.31603/burrev
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Burrev is a peer-reviewed Journal of Legal Studies developed by the Faculty of Law, Universitas Muhammadiyah Magelang. This journal published biannually and the scopes of Burrev, but not limited to, are: Constitutional Law Criminal Law Civil Law Islamic Law Environmental Law Human Rights International Law Intellectual Property Law and also interconnection study with Legal Studies
Arjuna Subject : Ilmu Sosial - Hukum
Articles 43 Documents
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How are NFT (Non-Fungible Token) transactions reviewed according to Islamic law? Nur Rizqi Febriandika; Fadli Fadli; Denizar Abdurrahman Mi'raj
Borobudur Law Review Vol 4 No 1 (2022): Vol 4 No 1 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.6807

Abstract

In the current digitalization era, many people are motivated to increase economic income in many ways, one of which is using digital technology NFT (Non-Fungible Token). The use of technology contained in NFT has a positive impact on people who have expertise in digital art; this is used to significantly increase economic income. This study discusses the history of NFT, the mechanism of buying and selling NFT, the characteristics of NFT and the view of Islamic law on buying and selling NFT transactions. The purpose of this study is to find out what is meant by NFT, the history of NFT, characteristics of NFT, how the mechanism of NFT sales is, and to find out how Islamic law views NFT buying and selling transactions. This research is a type of qualitative research; the author uses a descriptive-analytical approach which is classified as a qualitative research type by searching through library data or library research. The results of this study found that the history of NFT began in the BC era (Before Cryptokittes) 2012-2016, Cryptokitties and Cyptopunks (2017-2021), and the Decentraland Era (Metaverse) (2021-present). The law of buying and selling NFT is not found in the Koran or Hadith specifically but can be studied based on the pillars and conditions of buying and selling that have been regulated in Islamic law. According to Islamic law, transactions in the sale and purchase of NFT are included in the permissible sale and purchase; the transaction of buying and selling NFT is considered valid as a form of buying and selling in Islam because of the terms and pillars of the sale and purchase have been fulfilled.
Legal protection of migrant workers and their families: before, during, and after working Kartono Kartono; Siti Kunarti; Sri Hartini; Supriyanto Supriyanto; Dyah Adriantini Sintha Dewi
Borobudur Law Review Vol 4 No 2 (2022): Vol 4 No 2 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.6871

Abstract

This study aims to identify and analyze local government role as well as solving the problem concerning protection of migrant workers and their families before, during, and after working. The results showed that the local governments have not perfomed their role in maximum level to protect migrant workers and their families. Many policies have not been able to encourage legal protection because they are established on the old laws and emphasized administrative. The policies opens for brokers to operate in the village and the number of fake documents. The legal protection for migrant workers and their families is mainly provided by NGOs and individuals who are aware of protecting the migrant workers, and by establishing village regulations. It is necessary to initiate a more comprehensive legal protection, both administratively and technically through adjustment of local regulations to the new laws. In addition, the role of villages and communities/individuals can be expanded to better protect migrant workers.
Reconstruction of the mechanism of nomination for president and vice president in elections in indonesia Rahmat Muhajir Nugroho
Borobudur Law Review Vol 4 No 2 (2022): Vol 4 No 2 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.6905

Abstract

The candidacy threshold of President and Vice President in Act Number 7 the Year 2017 concerning Elections causes the Political Party of Elections Participants unable to submit the President and Vice President candidates independently and the recent political parties that participated in 2019 elections. Political Parties have lost their constitutional rights as they cannot propose the candidates of President and Vice President. It is required to find an alternative mechanism of President and Vice President candidacy which grants more protection to the Political Parties' constitutional rights and achieves the essence of people's sovereignty. Article 222 of Act Number 7 the Year 2017 requires the Political Party to have a minimum of 20% seats in the House of Representatives or a minimum of 25% votes of the previous legislative election to submit presidential candidacy. Meanwhile, article 6A section (2) of the 1945 Indonesian Constitution does not govern regarding President and Vice President candidacy; thus, article 222 of Act Number 7 the Year 2017 contradicts the Constitution. The provision in the Elections Act has several implications, among others, limiting the freedom of political parties to submit president candidate, causing discrimination, injustice, and a material loss to the new political party. Moreover, the threshold is not in accordance with the essence of people's sovereignty as granted in the Constitution.
Sharia certification standards: a case study of sharia certification in sharia hotels Rasmuddin Rasmuddin; Wahyudi Umar
Borobudur Law Review Vol 4 No 1 (2022): Vol 4 No 1 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.6994

Abstract

Economic activities carried out by humans according to the Islamic view are basically the realization of the duties and functions of humans as the caliph of Allah (khalifatullah) on Earth. Economic activity is considered as a means to fulfill the course of life which not only aims to fulfill material needs in this world but is the actualization of a form of devotion to Allah SWT which leads to the hope of obtaining His pleasure in the hereafter. Sharia certification in sharia business activities is believed possibly maintain the market trust, increase competitiveness and existence in business competition. This paper intends to introduce the concept of Islamic economics and assert the standards of Sharia certification in Sharia hotel business activities. This research is normative legal research using three approaches, namely, the statute approach, the case approach, and the conceptual approach. Data is collected from books, journals, related laws, and regulations. The results of the study show that the standard of Sharia certification in business activities for Sharia hotels must comply with Sharia guidelines determined by the Indonesian Ulema Council (MUI). Sharia certification in business activities should begin with the presence of sharia certification arrangements for business activities in various laws and regulations, in the form of including provisions for sharia certification in business activities in the law on limited liability companies, the law on consumer protection, the law on Brands, or the presence of a new Law concerning Sharia Business Guarantee as the presence of Law number 33 of 2014 concerning Halal Product Guarantee.
Legal-Political Study of the Job Creation Law on Revocation of Article 20 of Law Number 13 of 2016 concerning Patents Anisa Ribut Septihana; Luluk Lusiati Cahyarini
Borobudur Law Review Vol 4 No 1 (2022): Vol 4 No 1 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Patent protection in Indonesia today still leaves various problems, both practical (implementation) and conceptual (acceptance by the public). While, the Indonesian government took a place to settle the issues on the patent by revoked the provision on the Patent Law into the Omnibus Law Number 11 of 2020 on Job Creation (UU Cipta Kerja). The purpose of this research is to analyse the enactment of Omnibus Law (UU Cipta Kerja) as the revocation of Article 20 of Law Number 13 of 2016 concerning Patents. This research is dogmatic research with a statute approach and a conceptual approach. This research found that, the law plays a very important role in the life of the state, therefore ideally every law enforced must reflect (rechtside) and the national ideals (staatside) of the Indonesian nation. This is in the context of realizing social justice, fostering a united society, realizing just material and spiritual welfare, and achieving a proportional balance. The abolition of the content of Article 20 of the 2016 Patent Law in the Job Creation Law actually contains the assumption of an oligarchic interest in it
The application of social philosophy in the era of revolution industry 4.0 in Indonesia Fuad Fuad; Aida Dewi; Said Munawar
Borobudur Law Review Vol 4 No 1 (2022): Vol 4 No 1 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.7137

Abstract

The presence of social philosophy is generally understood to be closely related to general philosophy. Social philosophy can see how its relation to the universe can result in interpretations of social life. Social philosophy, philosophy of science, and science itself are part of human efforts to understand a discipline's concept and method that can be implemented in changing times and progress. This study aims to examine the application of social philosophy and its relevance in the era of Industrial Revolution 4.0. This research uses a descriptive method of analysis with a literature study approach. Social philosophy is indispensable in the midst of the development of times and civilizations, such as the current era of the Industrial Revolution 4.0. By getting closer to social philosophy, it is hoped that humans can realize their limitations while cultivating an attitude and soul that is aware of the development of the times. The use of technology must benefit the welfare of all humans. So, it is hoped that it can minimize problems related to the development of technology which can change the mindset of human life to a more sophisticated life pattern. Thus, the science used as a handle in directing and controlling these developments positively for the benefit of humanity and its environment is the philosophy and social philosophy.
The urgency of establishing a special agency of personal data protection and supervision to ensure the Indonesian citizens’ privacy rights Ferina Widyawati Ayu Silvi; Anom Wahyu Asmorojati
Borobudur Law Review Vol 4 No 2 (2022): Vol 4 No 2 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.7184

Abstract

Personal Data Protection is the right of humans, constitutionally the state’s obligation to respect, fulfill, and protect as mandates in Article 28 C paragraph (1) of the 1945 Constitution. However, due to the massive data leaks prove that the rights have not been protected. The research is aimed to know the legal protection for the Indonesian citizens’ personal data by establishing a special agency and intended to find the ideal format of the special agency for personal data protection and supervision to be implemented in Indonesia. The research methods used is the juridical normative through library research. The data were analyzed qualitatively and presented using the descriptive-analysis method. The research is also doctrinal with primary and secondary legal materials. The research concluded that the personal data protection classified as the emerge issues due to the vacuum of law. Moreover, the absence of special agency which plays the important rules to protect or supervise the personal data for the Indonesians. Moreover, its urgency for establishing a special agency for personal data protection and supervision has become the global issues refer to its international regulation and convention, wide conflict of interests in data supervision and management, and due to the occurrence of massive personal data leaks.
The rights of victims of illegal investment crimes against confiscated goods Wayan Santoso
Borobudur Law Review Vol 4 No 2 (2022): Vol 4 No 2 (2022)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.7355

Abstract

Illegal investment is a very disturbing business crime. The number of victims and the large value of losses make the case of illegal investment getting special attention. The return of losses from the proceeds of crime is actually the right of the victim, but in law enforcement practice, confiscated objects are usually returned to the state, not to the victim as the rightful party. This study will discuss the problems of investment law in business activities, illegal investment in crime terminology and victims' rights to confiscated objects. This research is normative juridical research examining the legal vacuum of confiscation of assets to be returned to the victim. The results show that investment is a business activity protected by law. In its development, there are investment irregularities in the form of illegal investments, namely investments that are not licensed and carried out against the law. Illegal investment in the terminology of crime is not explicitly stated, but this act is punishable by fraud and money laundering. The proceeds of crime are traced and confiscated, but in legal practice, the return is given to the state. In future legal reformulations, it is necessary to stipulate provisions regarding the seizure of assets; therefore, the victims can get their rights.
Juridical review of cases of human rights violations against the Uighur Ethnic and its resolution mechanisms in the perspective of international law Rangga Suganda; Wita Setyaningrum
Borobudur Law Review Vol 5 No 1 (2023): Vol 5 No 1 (2023)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.6558

Abstract

Human Rights Violation is the act of individuals or groups, including state authorities, who intentionally or unintentionally disregard, restrict, or revoke human rights. Human rights violations committed by the Chinese government against ethnic Uighurs are also occurring in Xinjiang. The presence of human rights violations in Xinjiang is an attempt by the Chinese government to eradicate the Uighur ethnic group's indigenous culture. Also deemed to be rebels, Uighurs have joined international terrorist networks. Consequently, the Chinese government has implemented several actions and policies that are classified as violations of human rights. This study discusses two main issues, namely how cases of violations and crimes against humanity in Xinjiang in the perspective of international law and how the mechanism of settlement of human rights violations that have occurred through the perspective of international law. This research is normative legal research, the sources used are primary, secondary, and tertiary legal materials. The data collection technique is carried out using a literature study technique, and data analysis will be carried out using a normative juridical approach or seeing the law as the norm in society. The results of this study are that among these policies have led to several violations of human rights, ranging from violations of civil and political rights, crimes against humanity, economic discrimination, social, and cultural, to human rights violations against women and children. For this reason, it is very necessary to resolve human rights violations in Xinjiang through international legal instruments, namely the United Nations Charter and the 1998 Rome Statute. Steps that can be taken to resolve human rights violations in Xinjiang are through peaceful resolution of the conflict or through international courts.
The important of designing legislation on Indonesian contempt of court act: legal practitioners perspective Siti Zulaichah
Borobudur Law Review Vol 5 No 1 (2023): Vol 5 No 1 (2023)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/burrev.6584

Abstract

Contempt of court term in Indonesia has been initially originated in the general definition of Law 14th 1985 on Supreme Court item 4 paragraph 4. In that general definition, it implied an obligation to confirm the law soon specifically regulating about the contempt of court in Indonesia. The perspective of legal experts and practitioner, were expected to contribute within the implementation of contempt of court regulation. Controversy on contempt of court started being a polemic as Law Draft of Criminal Code has appeared, in which within one of this law draft has inserted articles about contempt of court. This research was aimed to analyze factors that could cause contempt of court and its urgency in forming the regulation of contempt of court in Indonesia. The method in this research was juridical-empirical method. Moreover, the researchers in this research attempted to describe point of views of legal practitioners in Malang that were obtained from interview and observation with judges, prosecutors, and lawyers. The researchers used qualitative approach as the type of research approach. This research result explained that the prevalence of contempt of court case until recently was appeared due to the lack of public awareness in complying with the law and low ethical behavior of the law of either the society or law enforcer.

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