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Muhammad Istiqlal
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INDONESIA
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 3, No 1 (2022)" : 5 Documents clear
LEGAL STANDING WARGA NEGARA INDONESIA DALAM PEMBUBARAN PARTAI POLITIK PERSPEKTIF HAM ISLAM Anindita Krisma Apriliyanti
JIL : Journal of Indonesian Law Vol 3, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v3i1.82-104

Abstract

Legal Standing The dissolution of political parties in Indonesia has never been given to Indonesian citizens. Legal Standing has always been given to the government. This affirmation is contained in Article 68 of the Constitutional Court Law and also confirmed in the Constitutional Court Decision No. 53/PUU-IX/2011 that the phrase “Government” in the dissolution of a political parties is the President. This makes citizens feel that the Government has monopolized legal standing because citizens did not have the same legal standing as the Government. This research aims to discuss the legal standing of citizens in the dissolution of political parties using an Islamic human rights perspective. The research method used is qualitative research using a normative juridical approach, namely conducting research using literature on the reality of the legal standing of disbanding political parties in Indonesia using an Islamic human rights perspective. From the results of this research, it is stated that (1) Legal standing in the dissolution of political parties in Indonesia is in accordance with Article 68 of the Constitutional Court Law that the applicant for the dissolution of political parties is the Government. (2) Based on the analysis of the legal standing of citizens in the dissolution of political parties according to the perspective of human rights in Islam, the legal standing that is only given to the government is not in line with human rights in Islam on, a) the principle of justice. b) Not in accordance with the principle of equality. and c) Not in accordance with the principle of freedom of expression.
JUAL BELI PADI TEBASAN DENGAN SISTEM CENGKLONG KAJIAN: PERSPEKTIF MASHLAHAH MURSALAH Deby Lionika; Nastangin Nastangin
JIL : Journal of Indonesian Law Vol 3, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v3i1.1-22

Abstract

The sale and purchase of slashed rice with the cengklong system in Sranten Village, Karanggede District, Boyolali Regency is carried out by farmers and slashers where in the sale and purchase there is a price change that has been agreed at the beginning. This price change occurred due to the quality of rice is not good so that after all the rice was cut down and weighed the results did not match the initial prediction. Therefore, the slasher mencengklong the farmer's rice price that had been agreed at the beginning. The type of this research is field research, using a qualitative descriptive method with an empirical juridical approach. The theory used in this research is maslahah mursalah. Data collection techniques with the method of observation, interviews and documentation. The results of this research are the sale and purchase of slashed rice with the cengklong system in Sraten Village, Karanggede District, Boyolali Regency, the perspective of mashlahah mursalah has more benefits than madharot. The benefits are that the slasher can help  farmers to buy their rice quickly, farmers don't need to rent rice cutting tools, the services of people to pick rice and transportation costs are all from the slasher, farmers can help the slasher by buying the rice and then selling it back to selep (the rice grinder) place, if there is a problem or madharat regarding the price of rice in cengklong slasher and farmers resolve it amicably and through deliberation so that they are mutually pleased with each other.
PEMBUBARAN LEMBAGA NEGARA NON STRUKTURAL DALAM PERATURAN PRESIDEN NO.112 TAHUN 2020 PERSPEKTIF RESTRUKTURISASI BIROKRASI Putri Alvanita
JIL : Journal of Indonesian Law Vol 3, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v3i1.38-62

Abstract

Abstract: Based on Presidential Regulation No. 112 of 2020, there were 10 non-structural state institutions that were disbanded with the aim of increasing the effectiveness and efficiency of implementing government affairs and national development strategies, so it is interesting to examine from the perspective of Bureaucratic Restructuring because this theory includes institutional structural reforms. The research method used in this research is qualitative research using a normative juridical approach, namely conducting research using literature or research on legal principles. From the results of this study, it is stated that (1) The main reason for the dissolution of non-structural state institutions according to Presidential Regulation No. 112 of 2020 is an effort to increase the effectiveness and efficiency of the implementation of government work, to achieve development strategy plans and the bureaucracy which is considered too full, (2 ) The position of Non-Structural State Institutions in the constitutional system of the Republic of Indonesia is directly under the leadership of the President of the Republic of Indonesia, (3) The dissolution of Non-Structural State Institutions based on Presidential Regulation No. 112 of 2020 in accordance with the Theory of Bureaucratic Restructuring because it is in line with the form of Bureaucratic Restructuring, namely: Downsizing, Delayering, Decentralizing, Reorganization, Cost Reduction Strategy, and  Competency. Where the theory of bureaucratic restructuring in the government system in Indonesia is currently seen as very important to realize a government system that is in accordance with the goals of the Indonesian state.
COMBINED WANPRESTASI LAWSUIT AND AGAINST THE LAW REVIEW OF THE JUSTICE SYSTEM IN INDONESIA Annga Alfiyan
JIL : Journal of Indonesian Law Vol 3, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v3i1.23-37

Abstract

Civil lawsuits are not only lawsuits for default, but are also dominated by lawsuits against the law. The difference between a breach of contract and against the law is that the claim for default is to place the loss in a position where the compensation given is the expected loss, while the lawsuit for the unlawful act of the plaintiff is in a position before the unlawful act so that the compensation given is a real loss. The results of the study show that civil lawsuits in the field are dominated by lawsuits against the law, besides of course the lawsuit for breach of contract. To file a lawsuit, the act against the law must be ascertained as stipulated in Article 1365 of the Civil Code, while to file a lawsuit for default, it must comply with the provisions of Article 1243 of the Civil Code. Based on this, the author examines it as a court that is simple, fast, and cheap in accordance with the law No. 48 of 2009 concerning Judicial Power with the concept of Merger of Lawsuits.
ZAKAT DISTRIBUTION IN BAZNAS GROBOGAN REGENCY ACCORDING TO LAW NUMBER 23 YEAR 2011 CONCERNING ZAKAT MANAGEMENT (Case Study at UPZ Toroh District, Grobogan Regency in 2022) Septiya Yuliatik
JIL : Journal of Indonesian Law Vol 3, No 1 (2022)
Publisher : State Institute of Islamic Studies (IAIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/jil.v3i1.63-81

Abstract

The distribution of zakat is the process of distributing zakat that has been collected to mustahik which aims to create equitable community welfare. BAZNAS Grobogan Regency is a national zakat management institution with a large area and the majority Muslim population. So, zakat really needs to get attention seeing its great potential. This writing aims to find out how the distribution of zakat in BAZNAS in Grobogan Regency is evenly distributed and how the distribution of zakat in BAZNAS in Grobogan Regency is from the perspective of Law Number 23 of 2011 concerning Zakat Management. The writing method used is a qualitative method with a sociological juridical approach. Data collection was obtained from interviews with BAZNAS in Grobogan district and UPZ in Toroh sub-district. Then, this data analyzed using regulations on zakat, namely Law Number 23 of 2011 concerning Zakat management. The results of this research are in the implementation of the distribution of zakat, BAZNAS Grobogan Regency formed UPZ (Zakat Collector Unit) that located in each District. BAZNAS Grobogan Regency has 19 (nineteen) UPZ, one of which is Toroh District UPZ. The distribution of zakat in BAZNAS in Grobogan Regency is carried out in accordance in Articles 25 and 26 of Law Number 23 of 2011 concerning Zakat Management. However, efforts are needed in order to optimize distribution in UPZ Toroh District. Thus, the distribution of zakat can reach the indigent mustahik who are the area coverage of the UPZ.

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