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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 76 Documents
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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.
Diversion Of Recidivist Children According To Utilitarianism Aspects Arifah Uswatun Kossah; Sidik Sunaryo
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.21681

Abstract

In an act against legal norms, especially criminal law, children must be treated differently from adults. This is because children are a group of naturally weak people children who commit crimes should be lighter than those adults through what is known as restorative justice and Diversion (Indonesian law says it “Diversi”). However, then, Article 7 paragraph (2) of the Juvenile Criminal Justice System Law (Indonesian: UU SPPA), basically states that Diversi is only carried out if the criminal penalty for the act is less than 7 (seven) years and is not a repetition of a crime. Utilitarianism or Utilism puts benefit as the main goal of Benefit here is defined as happiness. So, good or bad or fair or not a law depends on whether the law gives happiness to humans or not. Through a normative juridical study that emphasizes the review of laws and literature studies, the authors find that a utilitarian review of Diversi to recidivist children is very likely to produce broad benefits for many people and has the potential to close the possibility of recidivist children committing criminal acts again. This is because, in Diversi, the benefits of overcoming the consequences of children's actions can be felt by the perpetrator's child, the victim, and their respective families through mutual agreement. In line with that, the principles of implementing the SPPA Law confirm that children must be addressed especially for the protection of their growth and development and to eliminate discrimination that differentiates the process between one child and another. It is hoped that with this literature review, legal products regarding juvenile justice can participate in guaranteeing the rights of recidivism children in Diversi as a method of overcoming crime by children.
The Role of Muhammadiyah in the Policy for the Protection of Sexual Violence Moh. Faizin; Sugianto Sugianto; Romlah Romlah
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.21747

Abstract

As one of the largest organizations in Indonesia, the attitudes and policies taken by Muhammadiyah affect the life of the nation and state. One of these attitudes is the Role of Muhammadiyah's legal attitude towards the policy of protecting sexual violence. The methodology used in this research is the method of statutory and historical research. The results of the research with this literature study conclude that Muhammadiyah's attitude in responding to the Policy for the Protection of Sexual Violence is very firm, this can be seen from 2 aspects, namely, first, the basis of thought, which is based on the jurisprudence of child protection, then second, Muhammadiyah's attitude towards the PKS Bill, where Muhammadiyah pushed for the immediate ratification of the PKS Bill with a note that there were changes in problematic articles, supported by the facts presented by 'aisyiah, namely the increasing prevalence of sexual violence against women and children. In addition, Muhammadiyah also took a stand against Permendikbud 30 of 2021 regarding the Prevention and Handling of Sexual Violence in Higher Education Environments due to legal defects, so the policy must be revoked. Muhammadiyah in its attitude related to government policies related to the protection of sexual violence always adheres to the Qur'an and Sunnah as the basis for taking a stand for the benefit of the people and the state
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.
Disclosure Of Final Stadium Patients' Diagnosis Review From Law And Bioethics In Indonesia Arsyzilma Hakiim; Fifik Wiryani
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.22195

Abstract

The relationship between doctor-patient rights and obligations, especially in hospitals, cannot be separated from conflicts or disagreements. These conflicts usually occur in special conditions that cause dilemmas in decision-making by doctors. Disclosure of the truth of the diagnosis in terminal patients or those suffering from end-stage disease is an ethical and legal issue that often occurs in health services. Problems occur, where on the one hand if the doctor tells the truth (reveals the truth) regarding the diagnosis/disease and on the other hand the doctor is worried that revealing the truth will have an impact that can worsen the patient's condition such as making the patient more depressed so that the patient can refuse further treatment. . But on the other hand, patients have the right to know information related to their illness. This research was conducted with a normative review approach. The results of this study found that disclosure of the truth about the end-stage disease can cause disturbances in psychological aspects and can potentially affect the patient's quality of life. The legal approach in disclosing the truth of end-stage disease through Law Number 36 of 2009 concerning health, Law Number 44 of 2009 concerning hospitals, and Law Number 29 of 2004 concerning medical practice is not fully the basis for the implementation of doctors in conveying the truth. Therefore, the bioethical aspect approach in this case through the principles of non-maleficence and respect for autonomy, truth disclosure can be done ethically and can minimize the negative impact of truth disclosure.
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.
Protection and compliance of Human Rights of Residents Affected by the Semeru Eruption Achmad Hariri; Samsul Arifin Ari; Satria Unggul Wicaksana Prakasa; Asis Asis
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.23209

Abstract

The eruption of Mount Semeru had a major impact on the surrounding communities affected. Not only about health, but these natural disasters also affect other aspects such as the economy, education, clean water facilities, and residential areas. The fulfilment of these rights is actually regulated in the International Covenant on economic, social, and cultural matters. Any country subject to such rules is insufficient to grant the right to access Education. Still, the state is obliged to provide Educational facilities, and the existing social and Educational facilities will necessarily suffer damage due to natural disasters. From these problems, this study aims to understand and elaborate on legal responsibility, protection and fulfilment of human rights for residents affected by the Semeru eruption. The method used in this research is Socio-Legal based legal research with an approach of Participatory Action Research (PAR).
Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan Sofyan Wimbo Agung Pradnyawan; Arief Budiono; Jan Alizea Sybelle
Audito Comparative Law Journal (ACLJ) Vol. 3 No. 3 (2022): September 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v3i3.23237

Abstract

From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bombing in the USA. Then, this group was overthrown by a military invasion that actually served the interests of the North Atlantic Treaty Organization or NATO members. After the absence of strong evidence of the involvement of the Taliban in the 2001 WTC bombing, the United States and its allies began to receive internal and international pressure to immediately withdraw from Afghanistan. This invasion led to the death of many American soldiers. Many survivors suffered from mental disorders. Apart from that, the Afghanistan invasion that went on for 20 years greatly burdened the budget, as its financing reached 31 thousand trillion rupiahs. This study used the normative research method. Results showed that the Taliban's return to power does not violate international law. But in terms of human rights, its return will decrease the human rights index of Afghan citizens. This condition is commonplace in authoritarian countries. This is due to the Taliban’s political attitudes that lack respect for women's rights in the modern era. It also lacks concern for civil rights in a modern democratic state

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