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Muhammadiyah Law Review
Published by Universitas Muhammadiyah Metro
ISSN : 2549113X     EISSN : 2580166X     DOI : https://doi.org/10.24127
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal of Muhammadiyah Law Review published by Faculty of Law University of Muhammadiyah Metro – Lampung. The accepted papers are the scientific papers which are the outcomes of either research or thoughts that refers to Law studies. It is published for the readers both regional and global. The Journal of Muhammadiyah Law Review is published into two volumes a year (January and July). As the peer-review of Indonesian Journal, we accept scientific works on islamic studies which are writen both in English and Indonesia. Feel free to send the papers through registering this page. The Review basically contains any novel topics concerning Indonesian laws and legal system. The range of contents covered by the review spans from established legal scholarships and fields of law such as private laws and public laws which include: constitutional and administrative law criminal law international laws concerning Indonesia various approaches to legal studies such as comparative law, law and economics, sociology of law, and legal anthropology Specialized areas of laws including commercial and business laws technology law, and natural resources law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 121 Documents
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Menilik Potret Tantangan Dalam Menyongsong Pemilu Serentak 2024 Nimah, Rodhotun
Muhammadiyah Law Review Journal Vol 8, No 1 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i1.3176

Abstract

The simultaneous holding of the general election on April 17, 2019, marks a new chapter in the electoral process in Indonesia. This development is the result of the Constitutional Court Decision Number 14/PUU/2013, which reviewed Law Number 42 of 2008 concerning the Election of the President and Vice President. Despite the acknowledgment that simultaneous elections are considered an improvement compared to previous ones, it doesn't mean that the implementation is flawless. The most alarming issue is the significant loss of lives among election organizers, seen as a consequence of the 2019 simultaneous elections, along with other technical problems. Considering the various aspects arising from the 2019 elections, it is essential to reevaluate whether simultaneous elections are ideal for Indonesia's governance. This research is of a juridical-normative nature, utilizing a legal approach and case analysis. The data collection technique and arguments presented in this paper rely on qualitative studies. The findings of this research state that simultaneous elections represent a new breakthrough for Indonesian democracy, but there are still specific areas that require special attention. In this regard, the Constitutional Court proposes alternative models for simultaneous elections that can be chosen and deemed constitutional based on the 1945 Constitution.
The Concept of Islamic Moderation: A Response to the Polemics of Interfaith Marriage in Indonesia Rahmah, Putri Jannatur
Muhammadiyah Law Review Journal Vol 8, No 2 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i2.3561

Abstract

The phenomenon of interfaith marriages continues to be an issue of controversy. While this type of marriage offers a huge opportunity for strengthening interfaith relations, the obstacles they're faced with are extremely critical. People in interfaith marriages must always deal with worries about societal involvement and adaptability, not simply on an individual stage but also within their wider families, the country itself, and their future kids. Considering these problems, living in a fast-globalizing civilization where individuals from different cultures are frequently interacting indicates that marriages between people of different faiths will continue to be common. As a result, the purpose set by the writer in this research is to examine the issue of marriage between faiths in Indonesia from the perspective of Islamic moderation. Given the fact that Indonesia has the world's biggest Muslim population, religious beliefs and social behaviors will always be rooted in society's traditions. The methodology applied to this study is qualitative research utilizing library-based collecting techniques; the writer gathers data from publications, scientific journals, and other resources. The author utilizes qualitative research, which provides data presented in the form of observations and descriptions integrated within the text under analysis. Moderation in Islam, as a concept, presents a holistic perspective. A decision must take into account a variety of variables, which involve not only religious beliefs but also mental, moral, social, and other considerations. Islamic moderation is a useful instrument for addressing the phenomenon of interfaith marriage that has emerged in Indonesia. Moderation is a heart; moderation is a way
Review of International Law Against Diplomatic Immunity Consulate General Who Committed A Violation of Law In The Recipient Country Iffan, Ahmad
Muhammadiyah Law Review Journal Vol 8, No 1 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i1.3177

Abstract

Diplomatic immunity granted to an official such as a consular official who is granted privileges and immunities regulated by the 1963 Vienna Convention as the basis of international law where the receiving State is obliged to guarantee and protect the privileges and immunities of consular officials. The principle of reciprocity which is one of the bases for the granting of immunity between representatives of the two countries in each recipient country makes the legal system of diplomatic representation more concrete and good. Based on the mechanism of international law, the US has committed a violation of international law, namely not protecting or complying with the provisions regarding diplomatic representatives who have immunity rights. Even if an official commits no crime or violation, the person who has the authority should ask permission from the country of origin of the diplomatic representative, this is useful for maintaining good relations between countries and between their citizens. Resolving violations by respecting representatives can conclude that the country has good faith in maintaining relations. The highest authority lies with the sending country which has full sovereignty over its representatives in each country.
Sultan Ground: Dialektika Pluralisme Hukum Dalam Pengelolaan Hukum Pertanahan Nasional Gautama, Tirta; Firdaus F, M Waritsul; Taufiq, M Shofwan
Muhammadiyah Law Review Journal Vol 8, No 2 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i2.3562

Abstract

Law No. 13 of 2012 on the Special Status of Yogyakarta grants special authority to the Special Region of Yogyakarta (DIY), including in land management by the Sultanate of Ngayogyakarta Hadiningrat and the Kadipaten Puro Pakualaman. The history of land ownership by the Sultanate and the Kadipaten, recognized since the colonial era through the Rijksblad of the Sultanate No. 16 of 1918 and the Rijksblad of Pakualaman No. 18 of 1918, demonstrates a clash between national agrarian law and DIY’s traditional laws. This legal dualism creates conflicts and legal uncertainties related to land ownership in Yogyakarta.This paper explores the legal dialectic in the management of Sultan Ground in Yogyakarta, analyzing the legal pluralism resulting from the layered authority system between the central and regional governments, as well as the politics of traditionalism post-reformation. The ongoing political and agrarian law changes reflect efforts to balance local and national interests in land management, particularly in special regions like Yogyakarta
Implementation of village heads' neutralism in the General Election Campaign based on Law Number 6 of 2014 concerning Villages Angkasa, Nitaria; Pelangi, Intan
Muhammadiyah Law Review Journal Vol 8, No 1 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i1.3178

Abstract

Based on village authority which is a form of village government, the village head has a role in the splendor of the democratic party in Indonesia which will be held on February 14 2024, but the role of the village head is so important as the head of the village government, it is necessary to study the head's neutrality. villages in general election campaigns and regional head elections in Indonesia. The method used in this research is normative juridical. The method used in carrying out the research is carried out by collaborating in the form of data and field facts. The problem approach used in this research is normative. The neutralistic implementation of village heads based on the election law and village law in elections shows that the Division for Handling Violations of the Election Supervisory Agency (Bawaslu) of DKI Jakarta Province, Benny Sabdo, emphasized that the campaign activities of election participants are prohibited from involving the State Civil Apparatus (ASN) and village heads and factors. The basic thing about the neutrality of village heads in elections is that there is concern that there will be a conflict of interest between village officials and the community and this is also regulated in Law Number 7 of 2017 concerning elections in Article 20 Paragraph 2 which states that village officials are among the parties who are prohibited from being included by the implementer or team. campaign in election campaign activities. The prohibition on village officials from taking part in practical politics is also contained in Law no. 6 of 2014 concerning Villages, Article 29 letter g states that village heads are prohibited from being administrators of political parties and in letter j village heads are prohibited from participating and/or being involved in election campaigns and/or Pilkada. Village officials are advised not to get involved in political activities, either as cadres and campaign activists.
Relevansi Maqashidu Shariah dan Kompilasi Hukum Islam Dalam Pandangan Pernikahan Wanita Hamil di Luar Nikah Khalim, Ahmad Dwi Nur; Chailani, Muchammad Iqbal; Solakhudin, Solakhudin
Muhammadiyah Law Review Journal Vol 8, No 2 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i2.3565

Abstract

This study aims to analyze the relevance between Maqashid Shariah and the Compilation of Islamic Law (KHI) in the view of marriage of pregnant women out of wedlock. The phenomenon of pregnancy out of wedlock, which is often a controversial topic in society, is researched through the analysis of Islamic law and its implementation in the context of Indonesia. Using the literature method, this study examines literature related to Islamic marriage law, Maqashid Shariah, and the Compilation of Islamic Law (KHI). This analysis finds that although there are differences of opinion among scholars regarding the ability of pregnant women to marry outside of marriage, the principles of Maqashid Shariah, such as hifzh al-irdh (safeguarding honor), provide a strong basis for considering such abilities for the sake of benefit and justice. In addition, the study of KHI shows that there are stricter rules compared to the views of classical scholars, which need to be reviewed in the context of the needs of modern society. These findings indicate the importance of integrating Maqashid Shariah principles in the implementation of contemporary Islamic law to achieve justice and the welfare of the ummah
Mekanisme Dan Regulasi Penegakan Hukum Terhadap Streamer Game yang Menyampaikan Informasi Tentang Judi Online Pirnando, Yosepto; Kusnadi, Yopi; Angkupi, Prima
Muhammadiyah Law Review Journal Vol 8, No 1 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i1.3451

Abstract

Individuals who promote online gambling platforms to online media because they also support the occurrence of online gambling, This research explores law enforcement against individuals who disseminate gambling information through online media which will discuss related to legal basis, enforcement procedures, forms of law enforcement, influencing factors and problem solving mechanisms. The research aims to understand the mechanisms and procedures of law enforcement, the form of law enforcement, and the influencing factors. The results of the study show that there are still shortcomings in the government's efforts to prevent this problem and inequality in law enforcement.
Perkawinan Adat Saibatin Dalam Perspektif Hukum Positif Indonesia Pelangi, Intan; Abunawar, Hadri; Saputra, Rizki Berlian; Pribadi, Adhimaz Kondang
Muhammadiyah Law Review Journal Vol 8, No 2 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i2.3566

Abstract

It is not uncommon in the Lampung Saibatin society for husbands and wives to live apart for a certain period after marriage. This can be caused by various factors between them and between their families. However, this does not mean that their marriage is not approved, but rather that there are certain conditions that have not yet allowed them to live together. Considering the above background, the writer is interested in formulating the following problems: is the marriage carried out according to Lampung Saibatin customs valid under the prevailing marriage laws?; what are the backgrounds that lead to marriage according to Lampung Saibatin customs?. The research used in the preparation of this work is empirical legal research. The data obtained by the writer is qualitative data which will be examined using the constant comparative analysis method, namely by comparing and developing empirical research with related legislation. A marriage with an agreement to live apart temporarily is valid if the conditions and pillars of marriage are met. Concerning the fulfillment of the rights and obligations of husband and wife, it also becomes a non-issue if both parties have agreed to the temporary non-fulfillment of rights and the non-implementation of obligations. The agreement to live apart temporarily is made for several reasons and is not something new for the community of Belalau District, West Lampung Regency
Interaksi Hukum Dalam Nilai Nilai Sosial Robiyanto, Gustiawan; Rizka, M. Faisol; Angkasa, Nitaria
Muhammadiyah Law Review Journal Vol 8, No 1 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i1.3452

Abstract

Indonesia, with its cultural and social diversity, is a complex stage for the interaction between law and socio-cultural values. This paper aims to outline the role and impact of law-changing aspects in the socio-cultural context of Indonesia.Through a literature review, it is found that law often not only reflects cultural values, but can also be a significant agent of change in modernizing and adjusting the socio-cultural order. Factors such as globalization, information technology, and urbanization have shaped a dynamic legal landscape, presenting new challenges in maintaining a balance between cultural norms and legal advancement. Meanwhile, conflicts between local traditions and national or international law often create tensions in the Indonesian legal system. Nevertheless, through mechanisms such as inclusive legal interpretation and intercultural dialogue, efforts have been made to facilitate integration between legal and socio-cultural aspects. This research also highlights the need for a culturally sensitive approach in the law-making process, as well as the importance of community inclusion in policy formulation to achieve harmony between legal progress and cultural sustainability. By understanding these complex dynamics, it is hoped that the Indonesian people can develop a legal system that respects and strengthens their cultural heritage, while still adapting to the ongoing changes of the times
Conversion of Conventional Bank Into Sharia Bank in Maqashid Sharia Perpective Fajri, Desmal
Muhammadiyah Law Review Journal Vol 8, No 1 (2024): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v8i1.3175

Abstract

Maqashid al-syariah is a number of good goals that Islamic sharia wants to achieve by allowing or prohibiting something. This research aims to analyze the benefits of converting a conventional bank operational system to a sharia bank from a sharia maqasid perspective. This research uses a type of library research and is qualitative in nature. Then the research data was analyzed descriptively-qualitatively in order to obtain a complete picture of the problems studied. The research results show that the urgency of converting conventional banks to sharia banks is because a number of ulama believe that interest is the same as usury and is haram, so Muslims must die. The benefits of converting a conventional bank into a sharia bank are in order to realize the maqashid of sharia, namely maintenance, religion, soul, mind, property and descendants.

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