Audito Comparative Law Journal (ACLJ)
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
Articles
76 Documents
<![CDATA[INDEPENDENSI PERADILAN MILITER TERHADAP PRAJURIT TNI SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA ]]>
<![CDATA[Auliajr Aulia Jihan Rifani]]>;
<![CDATA[Satria Unggul Wicaksana Prakasa]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (215.126 KB)
|
DOI: 10.22219/aclj.v2i3.16756
<![CDATA[Narcotics can be categorized into extraordinary crimes. Currently, the circulation of narcotics has targeted almost all circles. Military institutions are also not spared from the circulation of narcotics. The basic question is how to handle narcotics crimes by the Military judiciary and the legal efforts that can be made by the soldiers who are accused. The research method used is socio-legal legal studies: Data sources come from secondary data sources or literature studies, which review data from laws and regulations, readings, and books related to research titles. The settlement of narcotics crimes involving TNI soldiers is carried out by the military judiciary. The component or sub-system of military justice is the same as the general judiciary, namely the existence of Ankum and Papera which are important components in the military justice system, in addition to the Military Police, Oditur, and Military Judges. Soldiers involved in such crimes can also make legal efforts as a form of self-defense. The Military Judiciary has the authority to resolve its cases without interference from other agencies, as whose authority and position are contained in Law No. 31 of 1997]]>
<![CDATA[PENEGAKAN HUKUM TINDAK PIDANA PEMILU TERHADAP PENGGUNAAN HAK PILIH ORANG LAIN ]]>
<![CDATA[La Ode Hermanto]]>;
<![CDATA[Syamsul Bachri]]>;
<![CDATA[Winner A. Siregar]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (283.801 KB)
|
DOI: 10.22219/aclj.v2i3.17329
<![CDATA[This study aims to determine the implementation of the Kendari City Bawaslu Supervision of Voter Data on the use of voting rights in the 2019 general election and to analyze the enforcement of general election law against the use of other people's voting rights in the 2019 general election. This research method uses empirical normative legal research. . The results of study show that in carrying out its functions and authorities, the Kendari City Bawaslu has not shown optimal performance in the 2019 General Election, as evidenced by; there are still voters who do not meet the requirements are still being recorded, there are still eligible voters who are not registered in the voter list, lower-level technical implementing officers have not shown good work due to understanding of regulations that can change at any time, the professional level of the organizers' work, and the process supervision is not optimal due to limited supervisory personnel. As a recommendation, the Kendari City Bawaslu needs to improve the quality of election management resources so that they can work professionally, accountably, reliably and accurately and with integrity in the next election process.]]>
<![CDATA[CONSTRUCTION OF THE CONCEPT OF BUILDING POPULIST ECONOMIC LAW ]]>
<![CDATA[Safrin Salam]]>;
<![CDATA[Rizki Mustika Suhartono]]>;
<![CDATA[Imron Rizki A]]>;
<![CDATA[Mustakim La Dee]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (162.985 KB)
|
DOI: 10.22219/aclj.v2i3.17494
<![CDATA[The 1945 Constitution does contain the idea of political democracy and at the same time economic democracy. That is, in the highest power holder in our country is the people, both in the political and economic fields. All political and economic resources are controlled by sovereign people. However, in a democratic system built certainly not all of them are directly controlled by the people. The purpose of this research is to formulate the concept of populist economic law based on economic law in Indonesia and to understand the legal comparison between Islamic economic system and conventional economic system in the development of economic law in Indonesia. This research is normative legal research that is conducted by researching and studying the laws and regulations. The research approach used in this study is 2 (two) namely statute approach and conceptual approach. The results showed that the Concept of Economic Law Based on Populist Economy in Indonesia was built through 4 (four) principles of economic law, namely legal justice, legal certainty of benefits and affordable rules so as to realize the main goal of economic law, namely creating economic growth, balanced equality and welfare while the Comparison of Law Between Islamic economic system and conventional economic system in economic law development in Indonesia is Islamic economy based on sharia principles while conventional economy based on human will.]]>
<![CDATA[PEMANTAPAN DIMENSI ETIKA DAN ASAS SEBAGAI PENGUATAN SISTEM HUKUM LINGKUNGAN DI INDONESIA ]]>
<![CDATA[Himas Muhammady Imammullah El Hakim]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (331.109 KB)
|
DOI: 10.22219/aclj.v2i3.18041
<![CDATA[Humans as social beings who use the environment make the law an instrument of regulation and protection. Laws relating to the environment itself systemically provide both general and specific regulation. However, environmental law instruments still require further development through strengthening of the ethical dimension. Ethics as one of the norms that can be codified and processed through the judiciary can strengthen the implementation of environmental law. The study was conducted by means of a literature study and analysis in order to find ethical positions and opportunities in the environmental law system. The Job Creation Act which directly changes the politics of environmental law certainly presents its own challenges. This development requires encouragement from other systems, one of which is ethics by presenting a positive ethical system as a law of ethics, both code of ethics and court of ethics. ethical law system that specifically regulates environmental law then requires general principles so that the ethical law instrument can take shape and be applied properly. There are several general principles of environmental law ethics, including the principle of clarity of purpose, the principle of independence, the principle of justice, the principle of certainty, the principle of benefit, the principle of balance, the principle of openness and the principle of protection. The challenge of implementing the general principles of environmental law ethics is in both substantial and formal dimensions that can be encouraged by the holders of power as constitutional mandates in the context of realizing the ideals of the state through the implementation of the mandate of the MPR Decree VI/MPR/2001 concerning the Ethics of the Nation's Life.]]>
<![CDATA[REVOCATION OF BUSINESS COMPETITION SUPERVISORY COMMISSION DECISIONS OVER CARTEL-RELATED CASES IN INDONESIA ]]>
<![CDATA[Herwastoeti]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 2 No. 3 (2021): September 2021 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (264.195 KB)
|
DOI: 10.22219/aclj.v2i3.18167
<![CDATA[Business Competition Supervisory Commission (henceforth KPPU), a law enforcement body in Indonesia, was established based on Antimonopoly Law. This commission is a quasi-judicial body holding executorial authority over business competition-related cases. The crucial issue is apparent when business people submit petitions to the District Court since, from this point, different approaches and treatments between the KPPU and the District Court are revealed. This weak legal procedure, especially regarding the efforts made for petitions, is often seen as an opportunity by business people to stand against the decisions of the KPPU by submitting petitions to District Court, and several cartel-related cases have been reinforced by Supreme Court. This research employed normative-juridical methods involving secondary data that were further analyzed by emphasizing juridical aspects for the analysis of the qualitative analysis method to present a description, from which a conclusion and recommendations were drawn. With it, decisions of the KPPU would not be labeled weak in law enforcement concerning business competition. Moreover, this approach is intended to deter business people regarding the violations of Law concerning Antimonopoly especially those regarding cartels which not only harm business people, but also the members of public in general.]]>
<![CDATA[Accountability of Regional Officials of Sidoarjo Regency In The Distribution of Groceries During The Covid-19 Pandemic ]]>
<![CDATA[Akmal Maulana N. M.]]>;
<![CDATA[Andre Purnairawan]]>;
<![CDATA[Sholahuddin Al-Fatih]]>;
<![CDATA[Jamil Jamil]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 3 No. 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (164.321 KB)
|
DOI: 10.22219/aclj.v3i1.18901
<![CDATA[This article aims to analyze the distribution of free groceries in the Sidoarjo regency during the Covid-19 pandemic. Free groceries program for citizens in almost every year by the local government. But it is slightly different in pandemic times like today, where the free Groceries program is more often done and on a large scale. One of them is carried out by the Sidoarjo Regency Government, East Java. Keep in mind that the thing that is affected by the outbreak of the Covid-19 Virus is an economic factor, which makes most people lose their eyes that make the weakening of the economic system in Indonesia no exception in Sidoarjo Regency itself. This paper takes socio-legal research to find out the problem of the distribution of free groceries in the Sidoarjo regency. The results of this study look at the extent of the accountability of the Sidoarjo Regency government with the Covid-19 outbreak in the community, namely from the start of the distribution of free food so that it is expected to provide more concrete results. Sidoarjo Regency government program is expected to be applied in the early stages of formulation, implementation, and evaluation of public policy.]]>
<![CDATA[Implementation of Tabligh As Prophetic Leadership of Muhammadiyah Through Political Movement ]]>
<![CDATA[Rika Eraswati]]>;
<![CDATA[Rina Ervina]]>;
<![CDATA[Romelah]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 3 No. 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (249.571 KB)
|
DOI: 10.22219/aclj.v3i1.19619
<![CDATA[One of the forces of civil society that is always present and makes a real contribution to the progress of Indonesian politics is the Islamic mass organization Muhammadiyah. In order to achieve the aspired goals, the Muhammadiyah leadership model exists as the basis or ideology in achieving such goals, especially in Muhammadiyah's contribution to national legal politics. The purpose of this study is to determine the implementation of Tabligh as prophetic leadership of Muhammadiyah in its role as a political movement to influence the national political process. This paper was built based on a literature review. Indonesia is a democratic country and Muhammadiyah was born as a political movement in influencing the national political process. It is a form of citizen aspirations that was formed using an association of groups or organizations as guaranteed by the 1945 Constitution. Muhammadiyah, in their every struggle including in national politics, always uses its identity or ideology as a da'wah organization based on "amar ma'ruf nahi munkar" that is sourced from the Qur'an and Sunnah. Muhammadiyah implements the nature of Tabligh in carrying out its role as a political movement which is to always criticize any regulations that are contrary to the truth or that will bring harm to society. Muhammadiyah is not in a coalition with the government or with any political party, but Muhammadiyah has always supported policies that lead to the benefit of society.]]>
<![CDATA[The Role of Muhammadiyah Islamic Movement in Hacking a New Map of Local Culture in Indonesia ]]>
<![CDATA[Riska Aprillianti]]>;
<![CDATA[Dayang Safira Bella Avilia]]>;
<![CDATA[Romelah]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 3 No. 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (255.797 KB)
|
DOI: 10.22219/aclj.v3i1.19857
<![CDATA[This article aims to examine the movement of Muhammadiyah. Muhammadiyah's commitments since its establishment until now is that Muhammadiyah has positioned itself as a pure creed-based Islamic da'wah movement. Muhammadiyah's role in creating a local culture for modern culture, Muhammadiyah has several programs launched in the field of culture. To examine those backgrounds, this article uses a historical approach to the normative juridical method. This article found that Muhammadiyah's program in the field of culture is an effort intended to develop an appreciation of art that is in line with the views of Muhammadiyah's beliefs. One of the applications of Muhammadiyah's cultural program is the development of culture-based education. Muhammadiyah is expected to be able to carry out its strategic role in terms of culture very optimally. In forming a progressive culture, Muhammadiyah does not only need a commensurate movement strategy but at the same time has a building of thought that goes beyond, so that it appears as a carrier of a progressive alternative Islamic message with a strong and superior character. From the womb of Muhammadiyah was born the transformation of Indonesian culture which is religious and progresses parallel to and even superior to other nations. Here the important role of actualizing the view of progressive Islam as declared in the One Century Congress, which is accompanied by the strategy of the enlightenment movement (a movement that liberates, empowers, and advances) in all its orientations and steps.]]>
<![CDATA[Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic ]]>
<![CDATA[Hendrik Wijaya]]>;
<![CDATA[Herwastoeti Herwastoeti]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 3 No. 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (256.955 KB)
|
DOI: 10.22219/aclj.v3i1.19873
<![CDATA[The covid-19 outbreak that swept across the world has caused a crisis in the economic sector, where physical distancing policies affect the world of trade and tourism. The bankruptcy of companies, hotels, and small and medium-sized micro-enterprises resulted in massive job cuts. Therefore, many people lose their livelihoods and borrow money to meet their daily needs. Financial technology is an advancement of the times in the industrial era 4.0, as a form of convenience in financial services of tempted communities and applying for loans to financial technology. However, instead of getting a financial solution, what happens is the opposite. Where the public is even entangled in the existence of illegal financial technology and there is a misuse of their personal data. It is true that there is an agreement that allows the debtor to access the personal data of the creditor, but whether with it immediately the debtor can misuse the customer's personal data. Therefore, in this study, the author is interested in reviewing how criminal and civil liability related to the emergence of illegal financial technology agreements during the Covid-19 pandemic. The research methods used are normative juridical with statute approach and comparative approach, as well as qualitatively described legal material analysis. The result obtained is, illegal fintech e-agreements do not meet the subjective and objective requirements of the agreement and are related to the misuse of customer data, which can be held criminally accountable are fintech law bodies and debt collectors.]]>
<![CDATA[The Development of Legal Politics in Micro Business Policy of Jombang Regency Government ]]>
<![CDATA[Moh. Faizin]]>;
<![CDATA[Surya Anoraga]]>
<![CDATA[ Audito Comparative Law Journal (ACLJ) Vol. 3 No. 1 (2022): January 2022 ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Malang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (179.699 KB)
|
DOI: 10.22219/aclj.v3i1.19894
<![CDATA[This paper aims to talk about legal politics, talking about legal products produced by the authorities, whether they hear the aspirations of the community in the process of their formation or are more concerned with the interests or goals of the rulers themselves. Political influence in the formation of law determines the values contained in the law are values that live in a society which is to achieve the goal of the law itself, namely justice. The purpose of the research that the author examines is to describe the formation of the Jombang Regency Regional Regulation Number 9 of 2017 concerning Responsive or Repressive Micro Administration. Based on the process of its formation, the Regional Regulation of Jombang Regency Number 9 of 2017 already contains the principles for the formation of laws and regulations]]>
