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INDONESIA
International Journal of Law and Society
Published by NAJAHA Education Development Cente
ISSN : 28279050     EISSN : 28279042     DOI : 10.59683
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
International Journal of Law and Society (IJLS) focuses on law and social studies theory and practice. It publishes articles by Indonesian and foreign authors dealing with current national and international law, legal philosophy, legal history and other law-related social science disciplines. It also contains discussions, reviews, annotations, and news from the science community. IJLS is a peer-reviewed journal and welcomes papers on topical legal and social issues.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 74 Documents
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Implications of the Determination of Marriage Dispensation on Divorce Case : (Case Study at Sengkang Religious Court) Takdir; Nur, Muhammad Tahmid; Abdullah, Muhammad Farhan
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.18

Abstract

The purpose of this study is to discuss the implications of establishing a marriage dispensation for divorce cases at the Sengkang Religious Court. This type of research is qualitative field research with a normative juridical approach. A strategic solution to minimizing marital dispensation is to educate children that underage marriages have a high risk, including when giving birth later, the Regional Government must also play an active role by issuing regulations in the form of laws regarding dispensation of marriage and the prohibition of underage marriages. The implication of dispensation for underage marriage is a cause of conflict in the household which leads to divorce, besides that the cause of death of mothers or babies born is due to the lack of physical maturity on the part of the woman.
The Undergraduate Political Science Curriculum of International Islamic University Malaysia (IIUM): Translation of Integrated Political Science Curriculum Framework Aziz, M. Abdul
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.20

Abstract

Uplifting human moral values, social commitment and integrated personality is the core aim of education in addition to prepare graduates with professional skills and disciplinary knowledge. On that focus, the study developed the Integrated Political Science Curriculum Framework (IPSC) followed by mainly three approaches of educational research: philosophical, historical, and curriculum criticism. The IPSC model accommodated the courses on core disciplinary and faculty required courses, revealed knowledge, and generic skills. The proposed model was in response to growing scholastic debate on educational dualism and crisis of western education, devoid of moral and religious essence. The study mainly adopts library research and document analysis: previous curriculum models and university education frameworks, official documents, etc. In this article, the successful application of IPSC in the IIUM political science curriculum is rightly exemplified and indicates the relevancy of this in the multicultural society like Malaysia, Indonesia and Bangladesh.
Configuration the Thought of Islamic Law Throught Social Media in Indonesia Sonafist, Y.
International Journal of Law and Society Vol 1 No 2 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i2.21

Abstract

This study shows the reasoning behind Islamic law, which has recently become popular, along with the popularity of preachers through social media. Three themes of analysis are discussed in this study: the law of wishing Merry Christmas, the law of celebrating birthdays, and the law of music. Judging from the source, this research is text research. The text to be studied is in the form of lectures by well-known preachers on YouTube social media. This study uses an interdisciplinary approach, which combines discourse analysis with Islamic legal philosophy (ushul fiqh). The mapping of Islamic legal reasoning in this study is seen from two aspects, namely, the aspect of legal status and the aspect of legal methodology. This study found that the contestation occurred from legal status, as evidenced by the diversity of sources' opinions on the three issues examined here. In the methodological aspect, the contestation continues, both at the stage of the reasoning model, discovering maqshid sharia, and developing the theory of Islamic law. This study also found that using reasoning models positively correlated with the legal status they conveyed.
Strong Relations Uzbekistan Plays an Important Role in Central Asia (US perspective) Toshbekov, Bobur Bakhrom ugli
International Journal of Law and Society Vol 1 No 2 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i2.22

Abstract

Henry Clark, the first US ambassador to Uzbekistan, recalled how the country spent its days with coupons and economic hardships when it was hard to boil the pot. Political scientist Ainura Akmatalieva stated, “In US policy in Central Asia, the desire to strengthen relations with Kazakhstan and Uzbekistan will prevail over regional dialogue”. It was noted that the US is focusing on Uzbekistan because of Afghanistan and stability. In this paper, I will analyze why the relationship between Uzbekistan and the United States is more robust than that of other Central Asian countries. A phenomenological approach is used in this study and is supported by a literature review based on open sources (articles, reports, news), accompanied by applying International Relations theory. In the last section, I try to conclude by recommending policies to the President of the Republic of Uzbekistan, Shavkat Mirziyoyev. In conclusion, I recommend maintaining strong and beneficial relations for both sides in many sectors. Still, neutrality should remain the basic concept of Uzbekistan when it comes to other industries, such as foreign policy, military agreements, and interference in any issues between Afghanistan and the Taliban.
E-Commerce and Cyber Vulnerabilities in Bangladesh: A Policy Paper Islam, Muhammad Tanbirul; Islam, Md Fokhrul; Sawda, Juairiya
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.24

Abstract

The e-commerce growth scenario is forging a new dynamism in business and does not offer time-bound, cost-effective and hassle-free buying and selling. Following the changing approach, security management in e-commerce (cyber security) is now a focus. This research is a qualitative research that uses a case study method to analyze risks and vulnerabilities in the field. People in Bangladesh are primarily unaware of the risks related to using computing and digital devices and online platforms. This article articulates the risk factors associated with the growing reliance on digital technologies and devices. Then, some policy guidelines are prescribed for the national level and individual level, including leading social campaigns, new chapters in the school curriculum, advancing technological aptitudes of law enforcers, strengthening security systems in e-commerce, embanking sites, bringing frauds to justice, initiating law to define cybercrimes, fortifying institutional management of cyber securities.
Implications of the Covid-19 Pandemi as Forcing Circumstances (Overmacht) in Credit Agreements Arrosyiid, Haadi; Febriansyah, Ferry Irawan
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.25

Abstract

This study discusses whether the Covid-19 pandemic can be classified as a force majeure (overmatch) in a credit agreement. This study uses a normative juridical method by conducting a literature study on legal materials obtained from laws, literature, and other books related to this writing. From the results of the research that has been done, the policies implemented during the Covid-19 pandemic could have gone better. This is marked by the continued decline in the community's economy, so the achievements in the agreements still need to be fulfilled. Many parties, one of which is a debtor in a credit agreement, have failed to pay by using force majeure (overmatch) to avoid responsibility for compensation. The Covid-19 pandemic can indeed be classified as a force majeure (overmacht) as long as the debtor can prove the reasons he stated to the creditor in several ways, namely 1) An unexpected event occurred, 2) An event that occurred beyond his control/fault, and 3) some events prevent the debtor from fulfilling his achievements.
Comparative Study of Islamic Legal Systems in the Application of the Istishna' Agreement in Indonesia and Malaysia Tazkiya, Khansa; Harahap, Burhanudin; Purwadi, Hari
International Journal of Law and Society Vol 1 No 3 (2022): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v1i3.26

Abstract

The provisions in the Qur'an and al-Hadith bind Islamic Contract Law. From the Islamic perspective, contracts are better known by the word Akad. The most significant factor in the increase in profit power in Islamic contract law is obtained from financing agreements. Indonesia and Malaysia, as Muslim-majority countries, provide different arrangements regarding istishna's financing agreement'. Therefore, this legal research aims to compare Islamic legal systems in applying the istishna' agreement in Indonesia and Malaysia based on the DSN MUI Fatwa and the SAC BNM Fatwa. The research method is a doctrinal legal research method with a comparative approach. The results showed that in the application of the istishna' contract in Indonesia and Malaysia, there was no significant difference. The development of istishna' agreements between the two countries from year to year has fluctuated. The number of istishna' financing agreements in Indonesia is higher than in Malaysia.  
Juridical Analysis of Implementation of Public Service Standards in the Service of Population and Civil Registration in Magetan District Fransiskawati, Enny; Anwar, Saiful; Fadhli, Muhibuddin
International Journal of Law and Society Vol 2 No 1 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i1.28

Abstract

Public service is an activity in which there is fulfillment of service needs in accordance with applicable regulations, because there are laws that regulate it, the community or residents have rights to goods or services and other administrative services that have been provided by public service providers. The purpose of this research is to be able to find out how the implementation of statutory regulations regarding the implementation of public service standards and what are the obstacles faced in public services. This writing uses the type of empirical legal research. This research is carried out by looking at the facts in the field where the contents of the research include understanding and studying how to apply the law directly to the subject of the field. The results and conclusions of this study are that the implementation of laws and regulations regarding the application of public service standards for the Population and Civil Registration Office of Magetan Regency has implemented the law well marked by the absence of problems with the community, although in conclusion it cannot be fully stated that the Magetan Population and Civil Registration Agency has universally implemented law but in one subject this can be said as a public service provider is already a very good thing.
Criminal Acts of Murder Committed in Forced Circumstances (Overmacht) Arrosyiid, Haadi; Febriansyah, Ferry Irawan
International Journal of Law and Society Vol 2 No 1 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i1.29

Abstract

The main objective of this research is to find out what is Forced Circumstances (Overmacht) and why Forced Circumstances (Overmacht) can free perpetrators from criminal responsibility. Departing from here, in conducting research, the author uses normative research methods with a statutory approach (Statue Approach), namely legal research that focuses on examining documents, namely implementing various secondary data such as legal references, statutory regulations, court decisions, and legal theory, and can also be in the form of opinions expressed by legal scholars in processing research. The results of research conducted by the author show that First, Overmacht occurs because the killer does it by first attacking, making his soul vibrate, then defending himself so as not to become a real victim. This was done in self-defence because he had a choice, either he died, or his opponent died. Second, the criminal act of murder under force majeure (overmacht) cannot be held criminally responsible for the perpetrator because, from the start, it is known that it was an act of self-defence (overmacht), and then the investigation must be stopped. If the trial stage continues, the Judge must use his conscience in determining the Judge, and there must be substantial evidence, such as CCTV footage or eyewitnesses from the incident. It can also be based on the actual situation. Criminal liability itself is for a crime, and its purpose is to determine whether a suspect or defendant should be held accountable for a crime that has occurred.
Legal Consequences of Establishing a Limited Liability Company by a Foundation in Violation of the Law Hatimah, Khusnul; Sulistiyono, Adi; Sudarwanto, Al Sentot
International Journal of Law and Society Vol 2 No 1 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i1.30

Abstract

The purpose of this research is to analyze the responsibility of a notary and the legal consequences for a limited liability company that a foundation has established but violates the law on foundations. The research was conducted using doctrinal legal research methods. The results of the study show that: (1) Notaries as officials who are authorized in terms of doing authentic deeds, including the deed of establishment of limited liability companies established by foundations, have a great responsibility insofar as they concern the formal requirements of authenticating the deed. However, the notary is not responsible for the substance of the deed because it is the will of the parties themselves, so if what is violated is the formal terms of the deed, the notary can be sued for compensation and fines. (2) The legal consequence for the limited liability company is that it violates Article 7 of the Law on Foundations. It is null and void because the deed of an establishment violates the objective requirements of the legal terms of an agreement regulated in Article 1320 of the Civil Code. In addition, the legal status of a Limited Liability Company has been deemed to have never existed, causing all actions that have been carried out or carried out by the organs of the company to have no legal standing.  

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