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IBLAM Law Review
Published by Sekolah Tinggi Ilmu Hukum IBLAM
ISSN : 22754146     EISSN : 27753174     DOI : 10.52249
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Welcome to the official website of IBLAM Law Review. With the spirit of further proliferation of knowledge on the legal system in Indonesia to the wider communities, this website provides journal articles for free download. Our academic journal is a source of reference both from law academics and legal practitioner . IBLAM Law Review is a double-blind review academic journal for Legal Studies published by Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) IBLAM School Of Law. IBLAM Law Review contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, IBLAM Law Review also covers multiple studies on law in a broader sense. This journal is periodically published (in January, May, and September), and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view) and the hardcopy version will be circulated at the end of every period.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 338 Documents
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THE EFFECTIVENESS OF CORRUPTION CRIME INVESTIGATIONS IN THE SECTOR OF PROCUREMENT OF GOVERNMENT GOODS AND SERVICES (Case Study at Poso Police) Habibi, Habibi; Rahman , Sufirman; Sahban , Sahban
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.161

Abstract

This study aims to: 1) find out and analyze and evaluate the effectiveness of the investigation into corruption in the field of procurement of government goods and services in the jurisdiction of the Poso Police and 2) To find out and analyze and evaluate the factors that influence the implementation of the investigation of corruption in the procurement of government goods and services in the jurisdiction of the Poso Police. This study uses a juridical-empirical type of research because the emphasis is on examining the effectiveness of investigations into criminal acts of corruption in the procurement of government goods and services in the jurisdiction of the Poso Police. So, the data needed in this study are primary and secondary. The data collection technique is by conducting interviews to obtain valid data. The results of the study show that: 1) The effectiveness of the Investigation of Corruption Crimes in the Procurement of Government Goods and Services in the jurisdiction of the Poso Police is less effective because of several obstacles such as limited investigator resources, limited laws, limited facilities and infrastructure, and limited information from the community; and 2) Factors influencing corruption law enforcement by investigators from the Poso Police Tipikor Unit in handling corruption cases, namely human resource factors and legal structures, internal and external constraints, while internal constraints are quantity, quality and facilities and infrastructure factors, while external constraints namely Intervention Factors (political) and public support or public trust is still lacking.
REWARD BASED CROWDFUNDING SEBAGAI SKEMA PENDANAAN WIRAUSAHA SOSIAL: TANTANGAN DAN PELUANG MENCAPAI INKLUSIVITAS EKONOMI DI INDONESIA Wafi, Mochamad Adli; Zelsadila, Ajoenda; Nariswari, Alyca Azka
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.162

Abstract

The development of financial technology (fintech) has brought many benefits to the entrepreneurial world. However, access to fintech is not friendly to social entrepreneurs. In this respect, the growth of social entrepreneurship in Indonesia has challenges related to financing. Based on these problems, the author tries to find a solution. The acquisition of this research data is based on the results of regulations of laws or other written legal sources using methods of normative jurisprudence research. The author also uses a conceptual approach by deepening the theories in related discussions.Subsequently, the results of this research were compiled using qualitative descriptive methods, namely analysis to classify, compare, and link the obstacles to the development of social entrepreneurship in Indonesia with financial technology as a source of funding. Based on the method, the author found that the main challenge of social enterprise lies on the side of financing, and the survey results showed that crowdfunding, which is reward-based, became a medium to accommodate the needs of social businessmen so that inclusive economic justice can be achieved in Indonesia.
PELAKSANAAN UNDANG-UNDANG NO. 16 TAHUN 2019 DI KANTOR URUSAN AGAMA (KUA) KECAMATAN NOGOSARI KABUPATEN BOYOLALI Lailatul Faizah, Arfina; Syamsuddin; Baehaqi
IBLAM LAW REVIEW Vol. 3 No. 2 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i2.166

Abstract

Implementation of Law no. 16 of 2019 at the Office of Religious Affairs (KUA) of Nogosari District, Boyolali Regency. Thesis. Ahwal Al Syakhsyiyah Study Program, Faculty of Sharia and Islamic Economics, Mamba`ul Ulum Islamic Institute, Surakarta.This study aims 1) To find out how the implementation of Law no. 16 of 2019 Article 7 at the Nogosari KUA, 2) Supporting and inhibiting factors in the implementation of Law Number 16 of 2019 Article 7 at the Religious Affairs Office of Nogosari District.The approach taken in this study is a qualitative approach, a type of normative empirical research or field research. This means that the data comes from interviews, observations, personal documents and other official documents. Data analysis technique used is data collection is data collection, data reduction, data presentation and drawing conclusions. Data validity assurance techniques are carried out by checking trust, transferability and dependency checks.The results of this study found that the application of the age limit for marriage according to Law no. 16 of 2019 at the KUA in Nogosari District, it has been effective with a decrease in the number of early marriages every year. In its application there are inhibiting factors, namely: 1) level of education; 2) lack of legal awareness; 3) uncontrolled association; and 4) the decision on the PA's marriage dispensation. The supporting factors are: 1) the level of community education; 2) socialization; 3) public awareness
LEGAL IMPLICATIONS OF MARRIAGE DISPENSATION POST AMENDMENT TO ACT NUMBER 1 OF 1974 CONCERNING MARRIAGE Komalasari. M, Firlyanti; Nawi, Syahruddin; Zainuddin, Zainuddin
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.167

Abstract

This study aims to explore what factors are used as urgent reasons in filing a Marriage Dispensation case, including examining the extent to which the Marriage Dispensation case examination process determines the fulfillment of urgent reasons as a requirement for deviations from the minimum age limit for marriage and to find out what are the legal impacts/implications that arise regarding the Dispensation Marriage at the Mamuju Religious Court after the amendment to the Marriage Law. The research method used in this study is empirical legal research, which is carried out using an approach to legal reality in society based on the presence of symptoms in the form of a gap between expectations (das solen) and reality (das sein) in the field of law, where the data collected or collected from the field used to obtain valid information and data needed to answer the problems in this study. The results of this study show that since the amendment to the Marriage Law, applications for Marriage Dispensation have increased, which are dominated by prospective brides. The reasons for filing Dispensation for Marriage by litigants from 2017 to 2022 are pregnancy and a very close relationship between the two prospective brides, where this is also in line with the considerations in the decisions of the Mamuju Religious Court Judges who granted many requests for Dispensation of Marriage.
PENDEKATAN BARU DALAM PROSES TALAK DI INDONESIA: SEBUAH PESPEKTIF DARI ABDUL KARIM SOROUSH Muhlasin, Muhlasin; Alimuddin, Khasan
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.168

Abstract

This research is based on the practice of divorce conducted outside the Religious Court session. Such practices show that the birth of the Compilation of Islamic Law was not immediately accepted by the community. People still think that the rules contained in classical fiqh are final and irreplaceable. Therefore, this research aims to see that the renewal of Islamic law, especially divorce, is a necessity. This research is a library research (library research). The primary source of data in this research is Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law. The theory used to analyze the data is the theory of depreciation (al-Qabḍ) and development (al-Basṭ) popularized by Abdul Karim Soroush. The results of this study show that the mechanism of divorce before the Religious Court is a form of development of the rules contained in classical fiqh. Therefore, this mechanism cannot be said to be a form of desacralization of classical fiqh.
JURIDICAL ANALYSIS OF JUDGES' CONSIDERATIONS IN DECIDING CASES FOR REQUESTS FOR DISPENSATION OF MARRIAGE IN THE LEGAL AREA OF THE BANTAENG RELIGIOUS COURT Aslamiah, Dian; Abbas, Ilham; Husen, Lao De
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.170

Abstract

This study aims to find out and analyze the implementation of requests for marriage dispensation at the Bantaeng Religious Court. To find out and analyze the factors that influence judges' considerations in deciding cases of marriage dispensation applications in the legal area of ​​the Bantaeng religious court, research, in general, can be classified into two types, namely sociological empirical research (field), namely research conducted with an approach to legal reality in society. This research is based on symptoms in the form of a gap between expectations (das solen) and reality (das sein) in law. Normative research, namely research conducted using an approach to legal norms or substances, legal principles, legal theory, legal arguments, and comparative law. In this study, the authors examined using a qualitative approach as mentioned above in a study. The results showed that the implementation of the application for marriage dispensation at the Bantaeng Religious Court was the Compilation of Islamic Law in Article 53, considering the benefit of the reasons put forward by the applicants and to protect children from early marriage. It is also hoped that the dispensation of the marriage age will benefit the community by providing convenience and solutions for problems. The factors that influence judges' considerations in deciding cases of applications for marriage dispensation in the jurisdiction of the Bantaeng religious court are social conditions, cultural factors, customs, and facts of the trial.
AKIBAT HUKUM PERNIKAHAN SIRI TERHADAP HAK WARIS ANAK BERDASARKAN PUTUSAN MK NO. 46/PUU-VIII/2010 Lukmawati, Endah; Syamsuddin, Syamsuddin; Baehaqi, Baehaqi
IBLAM LAW REVIEW Vol. 3 No. 2 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i2.171

Abstract

Marriage Inheritance Rights is something sacred for someone, but sometimes on the way many people have married want to remarry and of course this marriage is a marriage that is not registered or under marriage the hand that is harmed is the woman's side. According to marriage law no. 1 of 1974, Children born outside marriage only have civil relations with their mother and mother's family only. However, with the case of Machica Mohtar in 2010, a judicial review of Law No. 1 of 1974 is necessary so that children resulting from marriage under a marriage can claim their rights or receive protection and inheritance rights from their biological father. The formulation of the problem in this study is the Consequences of Siri Marriage Law on Child Inheritance Rights Based on Court Decree No. 46/PUU-VIII/2010In this study, normative legal research was chosen as the type of research. Normative research is a type of research that uses information from library research books. The result of this research is the issuance of MK Decision No. 46/PUUVII/2010, the background is the existence of legal uncertainty related to Article 2 paragraph 2 and 43 paragraph 1 of the Marriage Law, related to legal marriage and children born out of wedlock only have civil relations with the mother and her family, namely: 1. Open to become the heir of the father of siri marriage, 2. Has the right to receive a distribution of inheritance from the inheritance of his parents who are siri. 3. Has the right to inherit from his father.
PELAKSANAAN PASAL 155 KOMPILASI HUKUM ISLAM TENTANG KETENTUAN IDDAH BAGI JANDA PUTUS PERKAWINAN KARENA KHULU’ DI KANTOR URUSAN AGAMA KECAMATAN SIMO KABUPATEN BOYOLALI Zahroh, Siti; Syamsuddin, Syamsuddin; Baehaqi, Baehaqi
IBLAM LAW REVIEW Vol. 3 No. 2 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i2.172

Abstract

This research is a qualitative research with a descriptive narrative literature approach that takes literature as its source and interviews. The data collection technique in this study is considering that this research uses library research. To analyze the data the writer will do a qualitative analysis. This form of analysis is carried out with explanations, not in the form of statistical figures or other figures. The method used in analyzing this data uses the deductive method, namely "a study in which people depart from general knowledge, with the starting point of that general knowledge, we want to assess a specific incident. The results of this study are the implementation of the iddah period in article 155 KHI at the Regional Office of Religious Affairs in Simo District, Boyolali Regency, starting with the issuance of the decision of the Religious Court and the length of the iddah from 3 sacred times to 7 sacred times and Iddah provisions for widows who break up due to khulu' in article 155 KHI in the Maqasid sharia perspective according to Article 155 of the Compilation of Islamic Law (KHI) is the iddah period for widows who break up because khulu', fasakh and li'an apply iddah talak. From the above article it can be understood that there is clearly no difference between the iddah of a woman imposed by the khulu' and the iddah of a woman who was divorced by her husband, namely three times quru' or three times purification. KHI equates iddah khulu' with iddah divorce. From this term, khulu' is equated with divorce as well as the legal consequences that arise, including in this case regarding reducing the number of divorces and in terms of iddah provisions.
EFFORTS OF NOTARIES/PPAT IN PROVIDING LEGAL PROTECTION FOR PARTIES THROUGH AGREEMENTS MADE TO PREVENT DISPUTES IN DEBT TRANSACTIONS SECURED BY LAND SALES AGREEMENTS AS COLLATERAL Aprilia, Innike Ilena; Hamidah , Siti; Susilo, Hariyanto
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.176

Abstract

Basically, agreements entered into by the parties must be in the form of a legally certain agreement, executed in writing to serve as strong evidence in the event of disputes. Subsequently, what is the role of a Notary/PPAT in providing legal protection in land purchase agreements to prevent debt and credit disputes? This research will analyze how the steps taken by a Notary/PPAT are based on existing legal provisions to ensure the validity of the agreement and protect all parties involved. Through an analysis of legal regulations related to the role of a Notary/PPAT in property transactions and identifying specific steps taken by a Notary/PPAT based on applicable law, this study aims to ensure the validity of the agreement and provide protection to all parties involved.
KAJIAN YURIDIS PEMBERDAYAAN DESA WISATA BERDASARKAN PERATURAN DAERAH JAWA TIMUR NOMOR 4 TAHUN 2022 Hoemijati, Hoemijati
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.177

Abstract

Earth and water and the natural resources contained therein are controlled by the state and used for the greatest possible prosperity of the people, that is the mandate of the constitution, article 33 paragraph (3). Where natural wealth must really be maximized for the interests and welfare of the people. This applies to every government in Indonesia, including the Provincial Government (hereinafter referred to as Pemprov) of East Java. Thus, the East Java Provincial Government can actually maximize natural wealth to improve people's welfare, one of which is by empowering tourist villages. One way to take advantage of natural wealth is by empowering tourism villages. Empowerment of tourist villages is a program that can have a positive impact on residents who live in the area. However, it is unfortunate that this program is not supported by material regulations at the central level. Tourism village empowerment is only regulated in Tourism Regulation No. 9 of 202 which only states that tourist villages are only classified as small-scale tourist destinations. On September 2, 2022 the East Java DPRD issued East Java Regional Regulation Number 4 of 2022 concerning Empowerment of Tourism Villages (hereinafter referred to as the Tourism Village Empowerment Regional Regulation). However, not all East Java residents are aware of the existence of this regulation. This is because the Perda is still relatively new and some media do not publish enough. The Tourism Village Empowerment Regional Regulation has regulated a number of things needed in building a Tourism Village. In addition, the Regional Regulation has also manifested the desire of the Central Government to improve the economy and maintain regional culture by establishing a tourist village. However, it is regrettable that there are still no implementing regulations in the form of Governor Regulations governing the empowerment of tourist villages. Therefore, it is hoped that the author of the Governor will immediately make a Governor's Regulation regarding the empowerment of tourist villages.

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