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Muhammad Istiqlal
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Journal of Indonesian Law (JIL)
Published by Institut Agama Islam Negeri Salatiga
ISSN : 27748081     EISSN : 27744906     DOI : 10.18326/jil.v1i1.1-34
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Indonesian Law is an academic journal published twice a year (June and December) by the Faculty of Sharia State Institute of Islamic Studies (IAIN) Salatiga.Journal of Indonesian Law emphasizes specifications in the discourse of Indonesian Law . The journal focuses on Indonesian Law studies, such as Indonesian family law, Indonesian criminal law, Indonesian political law,Indonesian economic law and other dicipline of law that exist in Indonesia, with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, economics and is intended to communicate the original researches and current issues on the subject. This journal warmly welcomes to any contributions from scholars of the related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 1, No 2 (2020)" : 5 Documents clear
Implementasi Kurikulum Darurat di Masa Pandemi COVID-19 Dalam Upaya Pemenuhan Hak Pendidikan Jaka Bangkit Sanjaya; Rastini Rastini
JIL : Journal of Indonesian Law Vol 1, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v1i2.161-174

Abstract

The WHO-19 pandemic is a state emergency that has major consequences for all countries, including Indonesia. These consequences occur in various fields of life, including education. Many Indonesian citizens feel that their education rights are not fulfilled because they have to undergo distance education. This makes the government have an important role to play in overcoming this problem, namely by issuing an emergency education curriculum. The curriculum is a curriculum that is in common with the National Curriculum because it is a simplification. This curriculum also, when viewed from the perspective of Constitutional Law, is a great hope so that the education rights of Indonesian citizens can be fulfilled. This hope can be created because the learning prioritizes the achievement of student understanding. So that with the Emergency Curriculum, it can be a step to adapt and proceed towards normal state conditions, especially to fulfill the education rights of Indonesian citizens. In writing and describing the analysis, the author uses the juridical normative research method.
Rekonstruksi Hak Subpoena Dewan Perwakilan Rakyat Republik Indonesia Satria Rangga Putra
JIL : Journal of Indonesian Law Vol 1, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v1i2.175-199

Abstract

Hak subpoena merupakan instrumen DPR untuk mengawasi kebijakan pemerintah yang berpotensi merugikan kepentingan rakyat dan penggunaannya terbatas pada hak angket. Hak subpoena diatur dalam UU No. 2 Tahun 2018 tentang Perubahan Kedua UU MD3. Pengaturan hak subpoena dan sanksi penyanderaan pada Pasal 73 ayat (3), (4), (5), dan (6) menimbulkan kontroversi karena berpotensi digunakan dalam rapat-rapat DPR. Masyarakat kemudian menguji ke Mahkamah Konstitusi dan keluarlah Putusan 16/PUU-XVI/2018. MK dalam pertimbangannya menyatakan DPR dapat melakukan pemanggilan paksa dalam konteks hak angket, di sisi lain MK mengatakan Kepolisian hanya dapat melakukan pemanggilan paksa dalam tindakan yang berkaitan dengan proses penegakan hukum. Penulis mengajukan gagasan untuk melakukan “kriminalisasi” terhadap tindakan menolak memberi keterangan dan menolak hadir memenuhi panggilan DPR dalam konteks hak angket sebagai contempt of parliament dengan mengaturnya ke dalam UU MD3. Penulis mengajukan dua ide, pertama, menjadikan contempt of parliament sebagai dasar melakukan pemanggilan paksa, kedua, menghapus ketentuan pemanggilan paksa.
PARLIAMENTARY THRESHOLD IN CONSTITUTIONAL ELECTION IN 2019 (PHILOSOPHICAL REVIEW OF THE PRINCIPLES OF PEOPLE SOVEREIGNTY) Muhammad Aziz Maftuh
JIL : Journal of Indonesian Law Vol 1, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v1i2.200-213

Abstract

The 2019 Election leaves a problem with the people sovereignty in Indonesia, especially in the concept of the parliamentary threshold which is enforced at 4%. There are millions of legitimate votes that were wasted and did not convert into parliament because the party did not pass the threshold. The focus of this study is about the concept of parliamentary threshold in 2019 election which is reviewed from the people's sovereignty. This research is a library research (literature study) and employs a qualitative approach based on theoretical views and is reviewed from philosophical studies.  The data is collected tin the form of documentation from various books and scientific works related to this research. Based on the results, the concept of PT in the 2019 election resulted in the occurrence of wasted votes from valid votes so that millions of valid votes originating from the people's sovereignty were wasted. All new parties and small parties have very little chance of getting into parliament to voice the aspirations of their people. The disproportionality between the votes and the number of seats acquired becomes the reason that the concept of the parliamentary threshold in the 2019 elections is against the people's sovereignty.
Mekanisme Pemakzulan (Impeachment) Presiden: Studi Pebandingan Negara Indonesia dan Brasil Edi Prabowo
JIL : Journal of Indonesian Law Vol 1, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v1i2.119-144

Abstract

Impeachment is the process of dismissing a president from his position. In this case, Indonesia and Brazil are countries that adhere to a presidential system of government, and have dismissed the president, so it is interesting to study more closely the similarities and differences in the reasons a president can be impeached and the mechanism for impeachment of presidents in both countries. the. This study uses a normative juridical approach and with descriptive analysis research specifications. The data used is data in the form of secondary and tertiary materials collected by document study techniques. In this study the authors used qualitative data analysis methods. The collected data is then processed and arranged systematically for further descriptive presentation.Departing from a different constitutional system, the reasons and mechanisms for impeachment for the president are also different. Thereasons for the impeachment of the president must be in accordancewith the constitution as the highest law, where in Indonesia it is regulated in Article 7A of the 1945 NRI Constitution, while in Brazil it is regulated in Art. 85 Brazil's 1988 Constitution. The impeachment mechanism for the president in Indonesia involves 3 (three) state institutions, namely the House of Representatives (DPR), the Constitutional Court (MK) and the People's Consultative Assembly (MPR). The mechanism starts with the right to express an opinion by the DPR, then the opinion of the DPR is assessed by the Constitutional Court. If the Constitutional Court confirms the DPR's opinion, the decision is forwarded to the MPR to be brought to the Plenary Session. And in the trial the MPR decision was a political decision (politieke beslessing).Likewise, impeachment in Brazil involves 3 (three) state institutions, namely the Council of Deputies, the Supreme Court and the Senate. The mechanism starts from the initiation of the Council of Deputies, then the Council of Deputies to form a Congressional Committee to investigate, if it is justified it will be brought to full trial. The Council of Deputies is then brought before the Senate which has full authority, led by the Chief Justice of the Supreme Court. The results of the decisions of the Senate are semi-justicial decisions. The punishment of the impeachment decision in Indonesia is to stop serving as President while Brazil is to stop serving as president and the punishment for not serving as a public official for a period of 8 years. So that the difference between the two state  mechanisms lies in the nature of the impeachment decision and the punishment of the impeachment decision.
The Guarantee od Adopted Children on Their Inheritance through Wasiah Wajibah Erkham Maskuri
JIL : Journal of Indonesian Law Vol 1, No 2 (2020)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v1i2.145-160

Abstract

This research examines the rules of law as a system-building related to a legal event which aims to give legal arguments as the basis for determining the right or wrong of a case according to a law perspective by referring to books of Fiqh and the compilation of Islamic law which contains regulation prevailing in Indonesia. This study discusses about the implementation of wasiah wajibah in Indonesia and the role of judges in deciding a case related to wasiah wajibah. This study uses the concepts of normative law approach with three criteria of law such as primary, secondary, and comparative laws by combining Wasiah Wajibah law in an Islamic perspective with the Islamic Law Compilation. The method of collecting the data used in this study is through library research and looking for law materials that are related and relevant to qualitative analysis. All collected data from various sources are arranged properly and then analysed using qualitative method so that it easily solve the problems. Research finding shows that wasiah wajibah is a solution for adopted children to obtain their rights to inheritance with certain provision and limit so that the judges have a way in deciding the case.

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