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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 84 Documents
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Comparative Analysis of Murabahah Financing Agreement with Musyarakah Mutanaqisah Financing Agreement in Indonesia's Sharia Banking System Maulan, Anas; Harahap, Burhanudin; Sasmini
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.v2i1.31

Abstract

Indonesia is one of the largest Islamic countries in the world. In 2021, Indonesia has officially formed Bank Syariah Indonesia combined with 3 private Islamic banks, namely Bank BRI Syariah, Bank Mandiri Syariah and BNI Syariah. The purpose of Bank Syariah Indonesia is to facilitate sharia-based services that avoid customers from transactions containing elements of usury, gharar, maisir, haram and Zalim which are commonly applied in conventional banking in general in the form of interest. Islamic banking in Indonesia takes advantage not from usury but from financing or buying and selling goods carried out by banks with customers according to customer wishes and needs. One of the financing that is usually in demand by customers is the murabahah financing contract and the musyarakah mutanaqisah financing contract. These two contracts are the same as taking advantage of buying and selling goods but murabahah is more dominant in financing without a down payment and goods that have been determined from the beginning of the contract while muyarakah mutanaqisah is more dominant in financing the needs desired by customers in the form of cash instead of goods.
Nigeria's Legal Regulatory Framework for Ensuring a Credible 2023 Election Nabiebu, Miebaka
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.v1i3.32

Abstract

Since independence, the Nigerian electoral process has been plagued with spiralling anomalies, including worsening violence, intimidation, death and fraud. This has jeopardized Nigeria's socio-economic, political and national security and eroded confidence in the democratic process as well as increased election season security concerns. For elections to be credible, the competition must be fair, which requires impartial process management. So, despite the recently revised Electoral Act and other related laws that could help Nigeria realize its potential for credible elections. This work argues that the legal framework still has several components that must be studied or introduced to improve electoral processes. The method used is qualitative with a case study approach and empirical juridical. The results of this study propose that Article 225 of the Constitution be amended to eliminate the requirement for cash given to political parties from outside Nigeria to be transferred to INEC; otherwise, the donation must be notified to INEC and made public. The constitution should be modified to establish an Election Offenses Commission or Court to try and punish individuals (INEC officers, candidates and voters) who violate articles 114–128 of the new law. Section 29(5) of the Elections Act should be amended to allow the Federal Capital Territory and the High Court of Abuja State to hear and resolve pre-election disputes. In addition, instead of focusing on technical matters, the trial for the regional election application should focus more on the substance of the application and the facts of the case.
Phenomenology Analysis of Functional Bureaucratic in Budget Abuse Azhar, Insyira Yusdiawan; Ishomuddin; Sukmana, Oman; Febriansyah, Ferry Irawan
International Journal of Law and Society Vol 2 No 2 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i2.33

Abstract

This research aims to look micro-based on the subject's experience of how several bureaucratic actors in small towns commit the phenomenon of budget abuse. The research method used is a qualitative approach with a phenomenological research type. The primary data was obtained by interviewing five main informants and field observations, while the secondary data was obtained from various related encyclopedia sources. Data analysis used Moustakas' theory by reading interview transcripts, horizonalization, a cluster of meaning, and developing textural descriptions to validate reflexity, credibility, and transferability. This study's results reveal how corruptors' actions are more motivated by a person's scientific attitude, which is based on social a priori as explained by classical phenomenology, compared to situational factors that are felt by the body as initiated by neo-phenomenology.
The Status of Customary Tenants in Relation to Land Held by Him: An Overview of Customary Law Otu, Michael Takim; Edet, Joseph
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.v2i1.34

Abstract

The article seeks to examine the effects of the Land Use Act of 1978 on the customary system of land holding in Nigeria. Since the birth of the Act, the problem facing our courts, ordinary people and lawyers is determining the actual position of customary tenants under the system of property rights introduced by the Law. The empirical legal research method used in this study is a type of qualitative research. This method focuses on cases in the community using legal studies, while the scope of this research is the Land Use Act 1978 against the customary land tenure system in Nigeria. The results of the discussion made it clear that the Laws on Land Use and Customary Land Owners have much in common. As such, the controversies generated by these issues continue to defy consensus among our academic "egg heads" as well as learned judges in our courts. Indeed, many court decisions appear to indicate that the courts have not settled the controversy on this issue. As a result, the judicial confusion for Nigerian means of conveyance continues to this day.  
Implications of Regional Regulations Cancellation Based on Law Number 23 of 2014 about Local Government and Law Number 5 Of 2004 about The Supreme Court Saragih, Hohen
International Journal of Law and Society Vol 2 No 2 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i2.35

Abstract

Cancellation of Regional Regulations is the authority of the government represented by the Supreme Court in carrying out the supervisory function both preventively and repressively. The annulment function is carried out to provide legal certainty so that the law can have a strong meaning and identity. The purpose of this research is to produce a strong understanding of the mechanism for cancelling regional regulations by the Supreme Court on the basis of filing a judicial review of the materials of regional rules that have been running and their implications for legal certainty. The method used in this study is a normative juridical method through a review of the literature, which is considered relevant to this research. Based on the results of this study, it was concluded that the mechanism for implementing the Supreme Court's decision regarding the cancellation of the Regional Regulation as stated in Article 8 paragraph (2) of Supreme Court Regulation No. 1 of 2011, followed up by implementing the decision no later than ninety days after the decision was sent to the Regional Government. The implication is that the cancellation of a regulation by the Supreme Court directly or indirectly has binding legal force.  
Akparabong and Yalla-Nkum Relations in the Middle Cross River Region, Nigeria Enor, Frank N.; Etta, Kenneth Obem
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.v2i1.36

Abstract

People and cultures migrating from one location to another is thought to be a long-standing historical trend. This is essentially true during the formative stages of nation-states. Internal and external factors more frequently induced the movement of a diverse range of people in groups or trickled them to habitations deemed more favourable, secure, or conducive to farming, settlement, hunting, and so on. Wars, slave raids, hostile neighborhoods, or the search for resources like water, salt ponds, and so on, constituted the push and pull factors of early migrations of populations. This paper considers the migrations and settlement of Yalla-Nkum and Akparabong and their impact on intergroup relations in Ikom, middle Cross River Region, from 1815–2007. The raison d’être and the factors of contacts and relations in determining the politics of Ikom have all been considered. The empirical phenomenological approach used in this study. Checking data is based on information obtained from informed informants. Documented sources also complement the primary data obtained. Findings show that ownership and management of scarce resources attract envy, hostility, and even resource conflicts among pre-colonial groups, thereby setting the pattern of relationships during the colonial era.
Settlement of Medical Crimes by the Medical Committee and Medical Audit Ningsih, Desy Kartika; Ravena, Dey; Rahim, Agus Hadian
International Journal of Law and Society Vol 2 No 3 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i3.37

Abstract

In the context of a medical audit, the medical committee functions to prevent possible negligence in specific medical procedures. This function is generally performed when a case is considered difficult, an unnatural death or other exciting cases are found. This study aims to explain the role of medical committees and medical audits and the part of medical audits in resolving medical crimes. The method used in this study is a normative juridical method with a statutory and conceptual approach. This study shows that the medical committee is tasked with monitoring and evaluating the quality of medical services by implementing medical audits. Meanwhile, the role of medical audit in resolving medical crimes is as a guide to ensure that every action, procedure, mechanism and decision taken in medical treatment is by established standards and quality. In conclusion, the findings highlight the critical role of medical audits in ensuring the quality of medical services, preventing medical crimes, promoting accountability, and supporting due process. Emphasizing the importance of medical audits can lead to better patient care, increased trust in the healthcare system, and continuous improvement in the medical field.  
Framework for Environmental Protection in Nigeria Adi, Odey Stephen
International Journal of Law and Society Vol 2 No 2 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i2.38

Abstract

This article aims to examine the development of Nigeria's environmental legislation framework. Nigeria needs help balancing economic growth and natural resource preservation as a developing country. This duality is mirrored by severe ecological problems, such as the destruction of the marine environment in the Niger Delta by crude oil and groundwater contamination in Lagos, the country's largest megacity. This research method is in-depth on normative legal research methods/library research. This article argues that more progress has yet to be made despite the greater understanding of the need to protect natural resources. The massive and ongoing contamination of vital natural resources underscores this modest increase. Investigations revealed that the same administration that set up this facility was also one of the primary violators of environmental norms and regulations. This often results in a system failure atmosphere where nothing works, and the environment suffers. The possibility of employment, environmental protection and environmental sustainability are advantages of enforcing environmental standards. Among the barriers to effective compliance with environmental regulations are outdated laws; high cost of environmental standards; weak institutional capacity; bad government; staff shortage; inadequate funding; personal interests; overlapping or conflicting laws; ignorance; and lack of the rule of law.
Important Aspects of Public Control in the Activities of Local Executive Bodies in the New Republic of Uzbekistan Abdujabbarovna, Dadasheva Akida
International Journal of Law and Society Vol 2 No 2 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i2.39

Abstract

The article is devoted to wide-ranging research, and the important aspects of public control in the activities of local executive bodies in Uzbekistan today, the normative and legal basis of the action, and the differences from the previously adopted legislation are analyzed. The purpose of the study is to identify problems and shortcomings in the system of public control over the activities of local executive bodies in the territory of the Republic of Uzbekistan. The article provides an analysis of the results of a sociological survey conducted on the legal, regulatory documents of public control of the activities of local executive bodies in the territory of the Republic of Uzbekistan. In addition, a retrospective analysis of the views of Western researchers and ancient Eastern thinkers, such as public opinion, justice, and the basis of civil society because of the control of society over power, is described. As a scientific innovation, differences were found between the legislation on public control adopted in Uzbekistan and several regulations and decisions adopted by the Cabinet of Ministers, the fact that they cover all processes and the duties and powers are returned, and the clearly defined sequence of tasks. As a result, in the conditions of New Uzbekistan, it was determined that it is necessary to improve the functions of representative bodies, develop the mechanisms of their implementation, and restore legal knowledge in higher education institutions.
Phenomenology Analysis of the Meaning of Healthy Living on Alternative Medicine Practices Eny Pemilu Kusparlina; Ishomuddin; Sukmana, Oman; Sunaryo, Sidik
International Journal of Law and Society Vol 2 No 3 (2023): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v2i3.40

Abstract

A healthy life is a sense of well-being due to fulfilling all needs within reasonable limits so that physical and mental health can be realized from various life stages. People still interpret healthy life according to their thoughts and understanding, which cannot be separated from beliefs, family values, and culture; they still choose to use alternative medicine instead of modern medicine. This research aims to understand the community's actions in interpreting a healthy life that prefers alternative medical practices compared to modern medical practices. The research method used is a qualitative approach with a phenomenological research type. This study used a purposive technique with four people as subjects who used alternative medicine facilities. Data collection techniques using observation, interviews, and documents. The data analysis method used is proprietary data analysis to analyze field data, while the data validation method uses triangulation. The results of this study are based on the dimensions of awareness, experience, suggestions, believed; the meaning of a healthy life with alternative medicine is not only physical (physical) health but non-physical (spiritual) health as well. Alternative medicine is a unique and holistic treatment. The process of creating a healthy life begins with the human element itself, which starts with the seeds, weight, and calves in the process of the human life cycle from birth to death in behaviour and science.

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