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Audito Comparative Law Journal (ACLJ)
Published by Universitas Muhammadiyah Malang
ISSN : 27231968     EISSN : 27232476     DOI : https://doi.org/10.22219/aclj.v3i1.19873
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum in publishing works that promote up-to-date legal scholarships in the South East Asia countries, specializing in comparative law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 1 No. 2 (2020): September 2020" : 5 Documents clear
PROTECTION OF THE CIVILIAN POPULATION AS THE IMPLEMENTATION OF THE PRINCIPLE OF DISCRIMINATION Al Qodar Purwo Sulistyo; Levina Yustinianingtyas
Audito Comparative Law Journal (ACLJ) Vol. 1 No. 2 (2020): September 2020
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.379 KB) | DOI: 10.22219/audito.v1i2.13753

Abstract

Legal research aims to solve the problems that arise in connection with the application of the principle of distinction (distinction principle) in terms of the protection of civilians in international armed conflict between Israel and the Palestinians. The object of study in legal research is devoted to applying the principle of distinction against the civilian population as a victim of war under international humanitarian law in armed conflict international. To solve these problems, they need to be supported by the data in the form of legal material.  The data was obtained through the study of literature and via the Internet. From this legal research to achieve results that provide answers to the problems that exist, the Israeli aggression on Palestine has violated international humanitarian law provisions and has caused misery for the Palestinian population. As a result of these actions, the Israelis may be subject to liability in the form of sanctions or punishment according to international humanitarian law provisions applicable in the international community
THE LEGAL STANDING & INHERITANCE RIGHTS FOR OUT-OF-WEDLOCK CHILD IN RELATION TO THE CONSTITUTIONAL COURT'S DECISION IN TERMS OF CIVIL INHERITANCE LAW Arinie Sherlita Cholis
Audito Comparative Law Journal (ACLJ) Vol. 1 No. 2 (2020): September 2020
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.503 KB) | DOI: 10.22219/audito.v1i2.13759

Abstract

The problems regarding the legal standing of an out-of-wedlock child that demands inheritance rights from both biological parents. The purpose of this thesis are to find out about the legal standing regarding the relationship between out-of-wedlock children and how the inheritance rights of an out-of-wedlock child in the distribution of inheritance by both biological parents are related to the Constitutional Court Decision Number 46/PUU-VIII/2010 in terms of civil inheritance law. The type of research used in this journal is Normative Juridical. The problem approaches used in writing this paper are the Statutory Approach and the Conceptual Approach. The legal material used is primary legal material and secondary legal material. This research of the problem after the Constitutional Court's Decision Number 46/PUU-VIII/2010 can be concluded that the out-of-wedlock child has not only a civil relationship with his mother but also with his biological father if he/she can prove it with science and technology and in inheritance issues, the child out of wedlock in terms of civil law must be recognized by his biological father so that he/she can become an heir, but with the Constitutional Court Decision Number 46/PUU-VIII/2010, the out-of-wedlock child can get not only a share of the inheritance from his mother who is without recognition but also inheritance from his/her biological father if it is proven to have a civil relationship as evidenced by science and technology
IMPLICATION OF PRINCIPLES IN THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THE RIGHTS OF MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES IN LAW NO. 18 OF 2017 IN AN EFFORT TO PROTECT INDONESIAN MIGRANT WORKERS ABROAD Muhammad Iqbal; Fifik Wiryani
Audito Comparative Law Journal (ACLJ) Vol. 1 No. 2 (2020): September 2020
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (302.386 KB) | DOI: 10.22219/audito.v1i2.13761

Abstract

The imbalance between the number of labor force and the number of jobs makes employment opportunities abroad one of solution to reduce unemployment. Indonesia has established regulations relating to the placement of Indonesian Migrant Workers  through Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers. Meanwhile, long before the formation of this law, an international agreement was made regarding the protection of migrant workers and their families through the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families which was initiated on 18 December 1990 in New York, United States. In this research, an assessment of Law no. 18 of 2017 concerning the Protection of Indonesian Migrant Workers against compliance with the principles contained in the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families was carried out. From the research, it is found that the Convention has been able to influence the legal norms in Law no. 18 of 2017 with the strengthening of human values through the principles and the existence of Indonesian Migrant Workers rights which do not only regulate Indonesian Migrant Workers themselves  but also related to their family rights. 
RECONSTRUCTION OF PROSTITUTION LAW IN PERSPECTIVE OF RELIGIOUS NORMS AND RENEWAL OF CRIMINAL LAW Noor Fajari Rofiq
Audito Comparative Law Journal (ACLJ) Vol. 1 No. 2 (2020): September 2020
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (195.007 KB) | DOI: 10.22219/audito.v1i2.13790

Abstract

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.
PENERAPAN THRESHOLD DALAM PEMILU MENURUT PERSPEKTIF GUSTAV RADBRUCH DAN HANS KELSEN Sholahuddin Al-Fatih
Audito Comparative Law Journal (ACLJ) Vol. 1 No. 2 (2020): September 2020
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.873 KB) | DOI: 10.22219/audito.v1i2.13973

Abstract

This study tries to discuss the tensions that occur between legal experts in formulating basic values that become the right legal objectives. Figures that are used as a comparison in the perspective of this legal objective are Gustav Radbruch and Hans Kelsen. Through a conceptual and case approach, this study tries to examine the concept of law based on contextual cases that occur in society, namely the application of the threshold in elections. In this study, the application of the threshold in elections is used as a measuring tool to determine legal objectives as stated by Gustav Radbruch and Hans Kelsen. The results of this study indicate that Gustav Radbruch sees and tends to the value of justice as a legal goal, like what Hans Kelsen found. The difference between Gustav Radburch's justice and Hans Kelsen lies in how to measure and realize this justice. This research is expected to be able to help academics and legal practitioners to dig deeper into the philosophical objectives of law in order to create laws that can answer the needs of society.

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