cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Nur Putri Hidayah
Contact Email
audito@umm.ac.id
Phone
-
Journal Mail Official
audito@umm.ac.id
Editorial Address
Magister Ilmu Hukum, DPPS, University of Muhammadiyah Malang Jl. Raya Tlogomas No. 246 Malang » Tel / fax : 0341-464318 Psw 373 / (0341) 460782
Location
Kota malang,
Jawa timur
INDONESIA
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. 6 No. 1 (2025): January" : 5 Documents clear
Placement of Suspects or Accused of Deviant Sexual Orientation in Indonesia Lestari, Saskia Dinda
Audito Comparative Law Journal (ACLJ) Vol. 6 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v6i1.33777

Abstract

Based on Government Regulation Number 27 of 1983 concerning the Implementation of the Code of Criminal Procedure Article 19 Paragraph (2), Regulation of the Minister of Justice Number: M.04-UM.01.06 of 1983 concerning Procedures for Placement, Treatment of Prisoners and Procedures for State Detention Centers Article 1 Paragraph (2), Government Regulation Number 58 of 1999 concerning Terms and Procedures for the Implementation of Authorities, Duties, and Responsibilities for the Care of Prisoners Article 7 states that the placement of prisoners is classified as one of them is based on sex. Ayluna Putri better known as Lucinta Luna was secured by officers of the West Jakarta Police Drug Investigation Unit, The police decided to place Lucinta Luna in a women's prison because the court decree granted Lucinta Luna's sex change request and for security and tranquillity reasons, including preventing Lucinta Luna from being bullied according to this, this study aims to determine the arrangement for the placement of suspects or defendants of orientation deviations sexual. The type of research used is the normative legal research method. This study found that the regulations regarding the classification of detention areas separated by sex this regulation does not adequately respond to current social developments, because sexual orientation deviation is not solely based on sex, but there are social factors behind it so the government needs to make government regulations related to the detention of criminal offenders who experience abnormalities or deflections of sexual orientation.
Legal Protection for Workers from Direct Termination of Employment by Employers: Legal Vagueness and Its Strengthening Firjatullah, Muhamad Sulthan; Wasis, Wasis; Hidayah, Nur Putri
Audito Comparative Law Journal (ACLJ) Vol. 6 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v6i1.35572

Abstract

This research aims to find out how to analyze legal protection for workers against direct termination of employment by employers. The research method used in this research was the normative juridical research method, which used a statutory approach and conceptual approach in assessing legal protection for workers against direct termination of employment by employers. The results of this study conclude that the provisions of Article 52 Paragraphs (2) and (3) of Government Regulation No. 35 Year 2021 do not provide preventive legal protection for workers because they do not provide an opportunity for workers to give their opinions before layoffs are carried out and the provisions of Article 52 Paragraphs (2) and (3) do not prevent layoffs. Article 52 Paragraphs (2) and (3) of Government Regulation No. 35 Year 2021 conflict with Article 52. 35 Year 2021 conflict with Article 28D Paragraph (1) of the 1945 Constitution of the Republic of Indonesia, contradicts the consideration letters c and d of the Manpower Law, contradicts Article 4 letters c and d of the Manpower Law, and contradicts the general explanation of the Manpower Law, the actions categorized as urgent violations in the article are criminal acts, but the article does not regulate the requirement that this urgent violation be proven first through a court decision with permanent legal force so that it has also violated the principle of presumption of innocence.
Is Majelis Ulama Indonesia Same with Darul Ifta Egypt? A Comparative Studies Abdullah, Umar; Al-Fatih, Sholahuddin
Audito Comparative Law Journal (ACLJ) Vol. 6 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v6i1.38143

Abstract

This article aimed to discuss the similarities and differences between Majelis Ulama Indonesia (MUI) and Darul Ifta in Egypt (or Darul Ifta Mesir/DIM), especially from a legal perspective. Both institutions were Islamic organization, a place that Ulama from different perspective or mazhab (legal thought) take a part in issuing fatwa for their country. This article employs the normative juridical method with comparative studies. As a result, MUI cannot be converted into Darul Ifta. MUI with Darul Ifta has reached an advanced stage. The number of experts serving on the MUI fatwa committee is similarly limited. For example, until today, the MUI has only issued hundreds of fatwas, although Darul Ifta receives over 3500 - 4000 incoming fatwas per day. Mustafti or correspondents requesting Darul Ifta fatwas are not confined to local locals but also include outsiders. Members of the Fatwa Commission are indirectly, personally, and scientifically accountable for providing one-by-one responses to the fatwa requested by the correspondent after consulting Islamic legal sources and researching the social context in which the fatwa takes place.
Reconceptualizing The Dispute Resolution Model for Village Head Elections Towards Independent and Fair Elections Zainudin, Arif; Safa’at, Muchamad Ali; Anshari, Tunggul; Susmayanti, Riana
Audito Comparative Law Journal (ACLJ) Vol. 6 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v6i1.38378

Abstract

This study aims to reconceptualize the dispute resolution model for Pilkades, which has traditionally been handled by regents/mayors (Bupati/Walikota), a mechanism criticized for being prone to political interference and lacking principles of justice and independence. The election of village heads (Pilkades) represents a form of local democracy, reflecting community participation in village governance. However, its implementation is often marred by disputes over election results, leading to social tensions and conflicts. Using normative and empirical legal approaches, this research analyzes the weaknesses in the existing dispute resolution procedures and proposes an alternative model that is fairer and more transparent. The findings reveal that entrusting dispute resolution authority to regents/mayors poses significant challenges, such as political bias, unclear legal mechanisms, and insufficient community involvement. Therefore, an independent and neutral institution is required to handle Pilkades disputes by emphasizing the principles of justice and transparency. This study recommends the establishment of a special body through regional regulations to manage dispute resolution independently, involving community elements and utilizing digital technology to enhance process transparency. By reconstructing the Pilkades dispute resolution model based on the principles of justice, transparency, and independence, this approach is expected to strengthen village democracy and prevent prolonged conflicts.
Do Prosecutors Have The Authority To Realize The Restorative Justice? An Indonesian Case Sasongko, Andy; Abdul Madjid; Yuliati; Fachrizal Afandi
Audito Comparative Law Journal (ACLJ) Vol. 6 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v6i1.38457

Abstract

This article explores the role of a prosecutor in realizing restorative justice in Indonesia. This research employs a socio-legal method, focusing on how legal certainty, legal order, justice, and truth can be achieved by upholding human values,  religious norms, politeness, and decency. The Attorney General of the Republic of Indonesia has established, among others, the prosecutorial function and authority to promote restorative justice in terminating prosecutions in Indonesia based on Prosecutor's Regulation of Indonesia (PERJA RI) Number 15 of 2020 concerning Termination of Prosecutions Based on Restorative Justice. With the amendment of PERJA RI, it is hoped that the public prosecutor in handling criminal cases will act more humanely and conscientiously, prioritizing restorative justice, which aims at restoration to protect the lives of victims and people who commit criminal acts on the grounds of humanity and justice in society instead of focusing on retaliation against perpetrators. As the state institution responsible for prosecutions, the prosecutor's office strives to uphold legal certainty, truth, and justice in line with legal principles while respecting humanity, morality, decency, and religious values.

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol. 6 No. 1 (2025): January Vol. 5 No. 1 (2024): January 2024 Vol. 5 No. 3 (2024): September Vol. 5 No. 2 (2024): May Vol. 4 No. 3 (2023): September 2023 Vol. 4 No. 2 (2023): May 2023 Vol. 4 No. 1 (2023): January 2023 Vol. 3 No. 3 (2022): September 2022 Vol. 3 No. 2 (2022): May 2022 Vol. 3 No. 1 (2022): January 2022 Vol. 2 No. 3 (2021): September 2021 Vol. 2 No. 2 (2021): Mei 2021 Vol. 2 No. 1 (2021): Januari 2021 Vol. 1 No. 2 (2020): September 2020 Vol. 1 No. 1 (2020): Mei 2020 More Issue