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Andri Winjaya
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INDONESIA
JURNAL HUKUM
Published by Universitas Islam Sultan Agung
ISSN : 14122723     EISSN : 27236668     DOI : http://dx.doi.org/10.26532/jh
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; International Law; Constitutional Law; Administrative Law; Islamic Law; Economic Law; Medical Law; Adat Law; Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 215 Documents
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The Position and Role of the Sharia Supervisory Board in Ensuring Sharia Compliance Equity Crowdfunding in Indonesia Muhammad Habibi Miftakhul Marwa; Sholahuddin Al-Fatih; Mohammad Azam Hussain; Haris Haris
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.33330

Abstract

Fundraising using the equity crowdfunding method has experienced rapid development and is in high demand from the public. In order to maintain the credibility of the implementation of Islamic securities crowdfunding, it is essential to establish a sharia supervisory board to supervise the offering of sharia-compliant securities employing information technology-driven crowdfunding service platforms. This article aims to discuss and analyze the position and role of the sharia supervisory board within the system, as well as the level of compliance with sharia principles in the implementation of equity crowdfunding in Indonesia. The research method used in this article is a type of normative legal research that relies on secondary data sources obtained through a literature review. The legal protection for the existence of a sharia supervisory board in sharia equity crowdfunding in Indonesia is regulated in POJK Number 57/POJK.04/2020 and Fatwa Number 140/DSN-MUI/VIII/2021. The sharia supervisory board has a very strategic role in ensuring sharia compliance in every equity crowdfunding activity in Indonesia. In order to maintain the credibility of sharia equity crowdfunding in the future, it is essential to ensure that every aspect of operations complies with sharia principles by maximizing the existence of a sharia supervisory board.
The Restructuring Righteous Foreign Worker Regulations: The Challenge of Enormous Influx of Foreign Workers Jaelani, Abdul Kadir; Hanum, Willy Naresta
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.1.88-117

Abstract

Foreign workers are needed to overcome the challenge of a shortage of professional workers. However, the ineffectiveness of foreign worker licensing regulations in Indonesia hampers the supply of qualified foreign workers and impacts regional levy revenues. This research aims to structure the rules for the fair use of foreign workers. This is normative juridical research with conceptual, statutory, and comparative approaches. The results of a comparison of foreign worker regulations in Indonesia and Singapore are used to develop a regulatory concept that is more responsive to the use of foreign workers, especially in the health sector. The idea of licensing law and justice theory is used for analysis. The research results show that the regulations on using foreign workers in Indonesia are not yet comprehensive regarding the rules for qualifying foreign workers as a condition for issuing permits and justifying good public services. The issuance of permits to use foreign workers has been hampered because several regions do not yet have implementing regulations that impact the collection of regional levies. Second, setting up mechanisms for utilizing foreign workers in Singapore is relatively easy and successful with strict digital-based permit requirements. Thus, Indonesia needs to adopt a foreign labor policy system with strict requirements for issuing permits that are accessible in terms of bureaucracy, changes to laws, implementation of regulations, and drafting of regional regulations.
The Revitalizing Indonesia's Religious Courts System: The Modernization Impacts and Potentials of E-Court Dian Latifiani; Nur Arif Nugraha; Anis Widyawati; Akhmad Khalimy; Muhammad Iqbal Baiquni; Asmarani Ramli; Pratama Herry Herlambang
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.32279

Abstract

The electronic court (E-Court) system implemented in this study utilizes online technology to facilitate the legal process. This system is based on the principles of fast, simple, and low-cost, and it is designed to address the challenges of traditional court procedures. The objective of this research is to evaluate the effectiveness of E-Court implementation in the Kendal and Semarang Religious Courts in accordance with the Supreme Court Regulation No. 1 of 2019, No. 3 of 2022 and No. 7 of 2022 as well as the Directorate General of Religious Courts Agency No 5374/DJA/HM.01/X/2019, in achieving the principles of fast, simple, and low-cost. This study employs a juridical-empirical approach, using data gathered through interviews, observations, and literature review. The findings indicate that the online justice system, implemented with the aim of expediting the legal process, has been well received by the community, and has proven to be highly efficient in the Kendal and Semarang Religious Courts. Overall, this research highlights the importance of E-Court implementation in delivering fast, simple, and low-cost for the community, while acknowledging the need for continued efforts to enhance the system's accessibility and inclusivity.
Government Regulation Substituting the Law on Job Creation in the Perspective of Constitutional Law Sulistyowati Sulistyowati; Agus Salim; Puspa Eriyani; Siti Mastoah
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.33378

Abstract

The debate over the Government Regulation in Lieu of Law on Job Creation has not ceased even though it has become an official law. Pros and cons persist due to its perceived deviation from Constitutional Court Decision Number 91/PUU-XVIII/2020, issued on November 25, 2021. This research aims to describe that regulations should not contradict one another, especially when there is already a Constitutional Court decision. Regulations should be made through a legitimate process without resorting to legal shortcuts. The research method used is a normative legal research with a qualitative approach. There is ample time available to follow the proper legislative process, yet shortcuts are taken by issuing Government Regulations in Lieu of Law, which are later ratified as laws. The research implies that despite the enactment of these regulations, there is significant resistance due to their divergence from the judicial review results at the Constitutional Court. As a result, this research suggests the necessity of revising relevant laws to include sanctions for failing to comply with Constitutional Court decision.
Implementation of FLEGT Licensing Scheme in Deforestation Law Enforcement: Improvements and Handling in Indonesia Muhammad Mutawalli; Maskun Maskun; Harlida Abdul Wahab; Andi Tenri Yeyeng
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v39i2.32210

Abstract

This study aims to determine the implementation of the Forest Law Enforcement, Governance, and Trade (FLEGT) licensing scheme in Indonesia, focusing on its improvements and handling in relation to deforestation law enforcement. The research method used is qualitative, with an empirical juridical, statutory, and contextual approach. The results of this study indicate that aspects of environmental law enforcement in Indonesia have not yet come to light. The responsible authorities and powers exhibit a tendency to supersede established regulations of environmental law enforcement regarding procedural requirements, remedies, and sanctions. Consequently, reforestation schemes and forestry restoration permits, which are intended to counteract the effects of deforestation, have proven to be ineffective. This ineffectiveness can be attributed to the ongoing industrial forestry activities carried out by companies and entrepreneurs, which lack the requisite procedures for ensuring accountability in environmental restoration.
The Form of Resolution of Juvenile Delinquency in Indonesia Ratih Mega Puspa Sari; Sivani Ardi Apritania
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.38600

Abstract

The juvenile delinquency is an impact of a lack of understanding of the character possessed by a child who grows to maturity, apart from parental supervision and a lack of understanding of the rules and norms that apply in society so that deviations occur, in This is juvenile delinquency that often occurs, for example, bullying or brawls that occur until the occurrence of violence and the emergence of criminal violations. The purpose of this research is to analyze the factors of juvenile delinquency crimes in Indonesia, secondly to provide solutions for juvenile delinquency crimes in Indonesia. This study uses a descriptive research method with a normative juridical approach. The research data used is secondary data consisting of primary and secondary legal materials, with analysis of data obtained from research results in the form of data from Library research analyzed qualitatively. The results of this study, Solutions for Juvenile Delinquency Violations in Indonesia are the responsibility of all of us, through an approach in the field of Education, the learning curriculum is included as early as possible and can be started from grade VII education as the basis for understanding legal science, it is hoped that in the development of knowledge of juvenile delinquency law in Indonesia. can be overcome to make a better and more advanced generation, so that it becomes welfare, peace in accordance with the culture based on the values of Pancasila.
The Judges Legal Reasoning on Child Welfare’s Perspective in the Hadanah Cases at Banten Religious Courts Farida Nurun Nazah; Muslimin Muslimin
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.36621

Abstract

This research analyzes the interpretation of the children welfare values in the juridical, sociological and philosophical perspective towards the judges legal reasoning in the hadanah cases at Banten Religious Courts. This research is classified as juridical normative research align with the qualitative descriptive data analysis towards the law approach as well as the Religious Courts Decision approach concerning the divorce and custody that had the legal impact for hadanah. The research result indicates that the hadanah cases decided by Judges legal reasoning at Banten Religious Court still tend to utilize the legal positivitistic considerations. Meanwhile, at the sociological level, it refers to the Article 5 of Law No. 48 of 2009 concerning Judicial Power stipulates that judges must explore, follow, and understand the legal values and society living law as as justice senses. The interpretation of this article depends on the custodian of hadanah towards the personality (morality) aspect. These includes moral and health aspects as well as the education and nurturing children opportunities aspects. Meanwhile, from the philosophical level, it is demonstrated by the law exploration derived from the Qur'an, Hadith, and fiqh principles that prioritize the children interests based on Maqasid al-Shariah.
Strengthening Anti-Money Laundering Framework in Online Banking: Bank Indonesia's Initiatives and Countermeasures Fadia, Yanti; Nusantara, Muhammad Alwan Zain
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.39.2.252-269

Abstract

Several types of illegal finance practices, including money laundering, can significantly result in a negative effect on the economy or government finances of a country. It is also extremely harmful to the society at large. This study was conducted to shed light on the government's efforts to curtail the illegal use of Internet banking, focusing on Bank Indonesia in particular. This article employs normative legal research as its methodology. According to research, the implementation of the Money Laundering Law regarding the prevention of money laundering in the online banking system resulted in the establishment of a special work unit in accordance with Bank Indonesia Circular No. 11/31/DPNP dated November 30, 2009. Additionally, financial institutions must develop Customer Due Diligence (CDD) and Enhanced Due Diligence (EDD) procedures. CDD refers to the procedures used by a financial institution to verify the identity of customers and business transactions before engaging with them. A comprehensive CDD method known as EED is required by the bank due to the elevated risk of money laundering and terrorist funding in its customer relationships. As the executor of the anti-tipping-off mechanism, the bank must protect the privacy of the customer's reporting information. Financial institutions are required to have a comprehensive information management system that enables the detection and assessment of suspicious funds to prevent money laundering.
Accountability and Transparency of the Electronic Court and Litigation Systems in Indonesia Mukhtar, Mukhtar; Lailam, Tanto
Jurnal Hukum Vol 39, No 2 (2023): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.39.2.157-173

Abstract

The research focuses on evaluating and strengthening the electronic justice system in Indonesia, with a particular emphasis on its accountability and transparency. It is motivated by the numerous challenges in the electronic justice system implementation related to regulations, human resources, case management, and other potential emerging problems. This research employed normative and empirical legal methods. The research results reveal that electronic justice systems may be classified within the appropriate category. The most important thing is to strengthen the accountability and transparency in it towards an independence and impartiality of the electronic judiciary system through strengthening the quality assurance of the electronic judiciary system, electronic administration of the judiciary system by a clerk court based on an electronic trial recording (e-records), data security guarantees in e-court and e-litigation processes, and unlimited access assurance to space and time.
The Settlement Model of Non-Performing Financing Which is More Effective and Legal Justice in Sharia Financing Companies Trianah Sofiani; Heris Suhendar
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i1.32794

Abstract

Post-pandemic COVID-19 still leaves Non-Performing Financing (NPF), especially financing with fiduciary guarantees in Sharia finance companies. The Otoritas Jasa Keuangan's Relaxation Policy, which ended in April 2023, has not been effective and has fulfilled a sense of justice for debtors. This research discusses the causes of the ineffective implementation of the Relaxation policy in Sharia Financing Companies so that there is still NPF post the Covid-19 pandemic. Furthermore, it discusses the settlement model of NPF as an offer so that is more effective and fulfils a sense of justice for the parties. This empirical juridical research uses a qualitative approach in collaboration with statutory and conceptual approaches. The research locations were nineteen financing companies in Pekalongan ex-Residency with fiduciary financing objects. Data collection uses focus group discussions, interviews and document studies. The results show that inconsistent norms, negative legal culture, misperceptions of restructuring diction as the write-off of debt and the debtor's objection in the settlement of NPF are the causes of the ineffective implementation of the Relaxation policy. The settlement of NPF should be carried out based on sharia principles, the principle of prudence and good faith which prioritizes the needs of the debtor. Determining the rescheduling period should be carried out using a tri-semester tiered model so that effectivity, justice and benefits (reciprocal benefits) will be realized between the two parties.

Page 13 of 22 | Total Record : 215

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