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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. 3 No. 2 (2022): May 2022" : 5 Documents clear
Community Political Participation In The 2019 Presidential And Vice-Presidential Elections In Malang Regency Catur WIdo Haruni
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 2 (2022): May 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i2.20586

Abstract

Elections are a form of the will of the people in a democracy, without any election a country that calls its country a democracy must not be a democracy in the truest sense.  Democracy cannot live alone without the participation of the people.  Democracy is a superstructure that must be sustained by the substructure, that is, the people.  It is within this framework that society can play a role as a subject in determining the future direction of the nation and its state. In the 2019 Presidential and Vice-Presidential Elections, the level of participation of the people of Malang Regency is quite high and the high factor of the level of political participation of the people of Malang Regency is inseparable from the role and function of the KPU, the Po Party litik, Civil Society and the media are going well to make the 2019 elections a success.
Perspective Between Central And Regional Government Relations In Legal Problems To Handle Covid-19 Pandemic Ahmad Sabirin; Febrian Duta Adiyaksa; Raafid Haidar Herfian
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 2 (2022): May 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i2.22040

Abstract

The purpose of this article is to describe the perspective between central and regional government relations in legal problems to handling a covid-19 pandemic. The important thing in a constitution is the desire for how the constitutional life of the nation is to be led, which can be seen in the structure and state administration system. There are differences appeared between central and local governments in handling covid-19 pandemic, such as the local lockdown or Pembatasan Sosial Berskala Besar (“PSBB”) policies implemented in several regions in Indonesia, even though Law No. 6 of 2018 concerning health quarantine, the application of PSBB is the central’s government authority. On the other hand, the implementation of PSBB is the responsibility of the regional government to protect society. It seems that the central government’s struggle was preceded by the regional government due to the slow pace of movement that occurred to handle the Covid-19 pandemic the central government. What are solutions to overcoming the legal problems or problems dealing with the Covid-19 pandemic related to the perspective of the relationship between central and regional governments? Normative law research is used as a research method, that conducting by examining library materials as secondary data. The result showed that there is a shared responsibility to handle covid-19 pandemic for both central and regional governments. To make sure that the Joint coordination’s role is done without the friction of authority, it is important to pay attention to the following rules: 1). If the scope of handling covid-19 pandemic is across provinces area. It is the central government’s authority, 2). If the scope of handling covid-19 pandemic is across regencies/cities area. It is the provincial government’s authority, 3). If the scope of handling covid-19 pandemic is in a district/city area, it becomes the district/city government’s authority.
Confiscation Of Assets In Economic Crime Sulvia Triana Hapsari; Abdul Madjid; Nurini Aprilianda
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 2 (2022): May 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i2.22185

Abstract

Corruption is an extraordinary crime so the punishment is the Primum Remedium. Economic Analysis of Law can be used to increase the efficiency of handling corruption crimes (TPK) to provide a level of efficiency and a deterrent effect. The formulation of the problem in this research is how is the economic analysis of law in maximizing the looted assets from the crime of corruption? This research is based on judicial normative. The data were collected using the search method and literature review. Conclusion Based on the economic analysis of law, the shift in the orientation of punishment in criminal acts of corruption from corporal punishment to a combination of corporal punishment, large fines, confiscation of assets, and impoverishment of perpetrators of criminal acts of corruption without diminishing the meaning of corporal punishment shows effectiveness and efficiency and will increase the deterrent effect for the perpetrator.
Institusi Hukum Perwakafan Indonesia: Kajian Kelembagaan Badan Wakaf Indonesia (Sejarah dan Struktur Kelembagaan) Muhammad Luthfi; Yohana Puspitasari Wardoyo; Kukuh Dwi Kurniawan; Fitria Esfandiari; Yaris Adhial Fajrin
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 2 (2022): May 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i2.22544

Abstract

Waqf is part of Islamic philanthropy, along with the development of time and circumstances, waqf processes and procedures developed according to the context of the times, not least the development of the rule of law governing waqf law, Law 41/2004 as a new waqf rule in Indonesia, with the spirit of increasing the productivity of waqf assets, and forming nazhir professionalism, then forming a new institution in the waqf world in Indonesia called Badan Wakaf Indonesia (BWI),  Hope with the establishment of BWI becomes the main driving force of representation and becomes a medium in increasing waqf assets for the welfare of the people. This paper discusses the history of the institutionalization of BWI institutions and their institutional rules in Law 41/2004. This paper is normative research with a statutory approach and a conceptual approach. The results of the study from this paper state that the history of the institutionalization of BWI is influenced by the factors of the concept of cash waqf and the factor of updating the concept of waqf management which is not only trying to maintain waqf assets but more to make waqf assets more productive. BWI institutional rules based on Law 41/2004 regulate the position, duties, structure, and diversity, the period of service of management, and rules on the performance process of BWI.
Contradictions Of Civil Law With Islamic Law And Its Implication On A Muslim’s Responsibility Siti Khadijah Binte Mahfuh
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 2 (2022): May 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i2.22799

Abstract

This paper aims to understand the implications of civil law on a Muslim’s responsibility resulting from contradictions between civil law and Islamic law. The research uses the qualitative method. This paper looks at general laws that allow Muslims not to practice Islamic law. The study shows that law acts contradict Islamic practice. Thus, every Muslim should not disregard his responsibilities to fulfill worldly desires.

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