Strata Law Review
Strata Law Review (SLR) is a prestigious, influential peer-reviewed, open-access journal published Biannually in March and September by CV. Strata Persada Academia. The editorial board and Reviewers of the SLR consist of leading legal scholars and practitioners from diverse backgrounds and regions, who bring expertise and experience to the review process. The SLR follows a rigorous peer-review process to ensure the quality and originality of its published articles. SLR publishes new original research articles of the highest caliber across the full range of legal scholarship, which includes but is not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal Studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Health Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law, and Adat Law.
Articles
35 Documents
<![CDATA[Pemberlakuan Fiqih Keluarga Bagi Minoritas Muslim: Masalah Keabsahan Perkawinan Poligami di Australia dan Thailand ]]>
<![CDATA[Ahmad Faridz Anwar]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.69
<![CDATA[In countries with a Muslim majority, the application of Family Fiqh often does not pose a problem, as the majority of the society adheres to and comprehends the principles set forth in Islamic teachings. However, in countries with a non-Muslim majority, such as Australia and Thailand, minority Muslims are often confronted with challenges in applying the Family Fiqh principles they adhere to. One of the arising issues is the validity of polygamous marriages. This study focuses on the validity of polygamous marriages in Australia and Thailand. The research method deemed suitable for this composition is a descriptive qualitative approach. In Australia and Thailand, polygamy is prohibited under national law in those countries. Therefore, Muslim minorities in those countries must comprehend the national legal regulations prior to entering into polygamous marriages and consider the legal implications of such decisions.]]>
<![CDATA[Peran Satuan Pengawas Ketenagakerjaan dalam Perlindungan Terhadap Pekerja Perempuan yang Bekerja Pada Malam Hari di Kabupaten Kudus ]]>
<![CDATA[Roslila Anggraeni]]>;
<![CDATA[Rahayu Subekti]]>;
<![CDATA[Purwono Sungkowo Raharjo]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.73
<![CDATA[This research aims to determine the role and obstacles faced by labor inspectors in the context of protecting companies that employ female workers at night in Kudus Regency. This research is descriptive empirical normative research using a live case study research approach. Basically, when employing female workers at night, there are special rules regarding female workers that must be fulfilled by companies which are regulated in the Employment Law. However, its implementation is still not carried out optimally. This statement is proven by the discovery of violations committed by employers against workers, especially in employing female workers at night. This raises questions about the role of law enforcement, especially labor inspectors, in protecting female workers at night. Therefore, this writing will focus on describing the roles and obstacles faced by labor inspectors in protecting female workers at night in Kudus Regency.]]>
<![CDATA[ANALISIS SOSIOLOGI DAN ANTROPOLOGI HUKUM EKONOMI SYARIAH PADA PUTUSAN SENGKETA MURABAHAH DI PENGADILAN AGAMA KOTA CIREBON (Perkara Nomor 1/ Pdt.G.S/2020/Pa.Cn) ]]>
<![CDATA[Fadli Daud Abdullah]]>;
<![CDATA[Tajul Arifin]]>;
<![CDATA[Abdal]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.94
<![CDATA[This research explores the settlement of Murabahah disputes through sociological and anthropological studies of Islamic economic law. The focal point of this analysis is Case Number 1/Pdt.G.S/2020/Pa.Cn, which is a lawsuit related to the Murabahah transaction heard at the Cirebon Religious Court. This study utilized qualitative research methods, which were collected through secondary data. The result of this study is that the decision-making process in resolving Murabahah disputes at the Cirebon Religious Court significantly reflects the socio-anthropological dimensions of Islamic economic law. This includes recognizing the social and economic impacts of sharia transactions, particularly the large material losses resulting from defaults. This underscores the importance of Sharia norms, ethical considerations in transactions, and social responsibility in ensuring fairness in the Sharia economy. In addition, it recognizes the challenges faced in reaching solutions within the framework of Sharia economics and emphasizes the importance of collaboration among the parties involved in the process. Ultimately, the implications of this judgment highlight how social and cultural elements in Sharia-compliant societies influence economic transactions and provide a comprehensive understanding of the dynamics of Sharia economic law in a practical context and its implications for case resolution in Religious Courts.]]>
<![CDATA[The Role of Leadership in Improving Legal Understanding in the Indonesian National Armed Forces ]]>
<![CDATA[Haryadi, Slamet]]>
<![CDATA[ Strata Law Review Vol. 2 No. 2 (2024): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v2i2.41
<![CDATA[This study explores the critical role of leadership in enhancing legal understanding within the Indonesian National Armed Forces (TNI). Despite the importance of law enforcement and discipline for TNI's integrity, a gap between legal theory and practice persists. This underscores the need for leadership that instills a robust legal culture within the organization. Using a descriptive-analytical method with a qualitative approach, the study examines the relationship between leadership and legal understanding in the TNI. Data was gathered through document and literature reviews, employing Organization Health Audit (OHA) and Environmental Scanning (ES) to assess legal applications and external influencing factors. The findings reveal that leadership is essential in improving legal understanding and application within the TNI. Leaders who embed legal values into the organizational culture and model compliance effectively foster a consistent law enforcement environment. The study also highlights the need for a meritocratic system in leadership selection to optimize legal application. It recommends strategic steps, including leadership training, improved legal education, enhanced monitoring systems, and increased collaboration with other law enforcement agencies to strengthen legal understanding and compliance, thus reinforcing TNI's professionalism and integrity.]]>
<![CDATA[Study Of Raw Contracts in Electronic Contracts in The Digital Era Based on Indonesian Contract Law ]]>
<![CDATA[Wendra, Ario Wendra]]>
<![CDATA[ Strata Law Review Vol. 2 No. 1 (2024): March ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v2i1.103
<![CDATA[Standard contracts in the digital era are made in the form of terms and conditions (terms of use) and electronic contracts (e-contracts) using digital signatures. As a contract user, you have no choice but to agree to the contract if you want to use the technology provider's facilities or refuse but cannot use the technology. There is no bargaining position or balance between technology providers and users. How is the Standard Contract Arrangement in Electronic Contracts in the Digital Age Based on Indonesian Contract Law? And how is the application of standard contracts in electronic contracts in the digital era based on Indonesian contract law? This research aims to study Raw Contracts in electronic contracts in the digital era based on Indonesian contract law. This study uses a normative juridical research method with secondary data consisting of primary, secondary, and tertiary legal materials. Standard Contract Arrangements in Electronic Agreements in the Digital Age Based on Indonesian Contract Law have not been regulated in detail. For this reason, it is necessary to make a regulation that explicitly regulates Electronic Standard Contracts and Contracts/agreements in general. This is based on the principle of Lex specialis derogat legion generali.]]>
<![CDATA[The Dispute Resolution Mechanism by the Cirebon District Election Supervisory Agency in the 2019 Simultaneous Elections ]]>
<![CDATA[Nandito, Moh.]]>;
<![CDATA[Hafizd, Jefik]]>;
<![CDATA[Sukardi, Didi]]>;
<![CDATA[Nurkhaerani, Ema]]>;
<![CDATA[Harahap, Viviyen Jensifa]]>
<![CDATA[ Strata Law Review Vol. 2 No. 1 (2024): March ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v2i1.109
<![CDATA[The 2019 election process dispute occurred between DPD PAN Kab. Cirebon with KPU Kab. Cirebon which was submitted to Bawaslu Kab. Cirebon. The research aims to find out the legal arrangements for resolving disputes by Bawaslu Kab. Cirebon according to Law no. 7 of 2017, Bawaslu District Efforts. Cirebon is facing obstacles in the 2019 simultaneous elections, as well as the views of Siyasah jurisprudence on this matter. This qualitative research is field research with a combined empirical and normative juridical approach. Data collection techniques are observation, interviews, and documentation. The results of this research are that the resolution of election process disputes carried out in BAWASLU Cirebon Regency is regulated in Law Number 7 of 2017 concerning Elections as stated in Article 101 letter a Juncto Article 102 paragraph 3. The results of Bawaslu Kab. Cirebon, namely strengthening human resources for Bawaslu District members. Cirebon by reviewing the latest PERBAWASLU and carrying out an Adjudication simulation. The views of the fiqh siyasah institutions in the al-qadha' region and the al-hisbah region are like those of the Cirebon Regency BAWASLU. Both institutions were formed to maintain and create amar ma'ruf nahi munkar in the state administration system.]]>
<![CDATA[Worship through Infaq and Sadaqah for Education Programs at the Muhammadiyyah Zakat, Infaq, and Sadaqah Institution in Cirebon ]]>
<![CDATA[Leliya, Leliy]]>;
<![CDATA[Farhan, Muhammad]]>;
<![CDATA[Wasman, Wasman]]>;
<![CDATA[Annisa, Dila]]>;
<![CDATA[Hakim, Fadlih Abdul]]>
<![CDATA[ Strata Law Review Vol. 2 No. 1 (2024): March ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v2i1.113
<![CDATA[LAZISMU (Lembaga Zakat Infaq dan Shadaqah Muhammadiyah / Muhammadiyah Zakat, Infaq, and Sadaqah Institution) is an amil zakat institution in which its fundraising activities are obtained from zakat, infaq and shodaqoh which are allocated to one of the educational financing programs. In accordance with the mission of Lazismu Tuparev Kedawung, Cirebon Regency, this education financing program is one of the priorities to reduce the number of children dropping out of school. Because education is the best way to improve the quality of a nation's human resources. This study aims to answer the questions that become the formulation of the problem. "How is the distribution of infaq and shodaqoh in educational programs in Cirebon Regency from the perspective of law number 23 of 2011". This study uses qualitative research, data collected by means of interviews (interviews), observation, documentation and then analyzed and made conclusions so that it is easily understood by oneself and others. From the results of his research, the management and distribution of infaq and shodaqoh zakat in the education program at LAZISMU Cirebon Regency is in accordance with Law No. 23 of 2011 concerning zakat management.]]>
<![CDATA[Transfer of Land Rights in Company Entry (Inbreng) at the South Jakarta City Land Office ]]>
<![CDATA[Luthfiyah, Laily]]>
<![CDATA[ Strata Law Review Vol. 2 No. 1 (2024): March ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v2i1.142
<![CDATA[This study aims to understand the phenomenon known as inbreng, which refers to the practice of transferring land rights as income within a firm. The corporation is structured as a limited liability company. The land is the purpose of the company's operations in this scenario. By using a juridical-normative method and statutory and conceptual approach, as well as through a literature review of secondary data, this research found that when it comes to a firm, the procedure of transferring land rights as income can be extremely lengthy and involves multiple steps. Starting from reducing land rights if the land status is private property, based on holding a GMS related to land acquisition, then through appraisal, paying taxes, followed by making a Company Entry Deed by Land Titles Registrar (LTR), ending with the land registration process at the South Jakarta Land Office. So far, the implementation of the transfer of land rights at the South Jakarta Land Office has been carried out in accordance with applicable procedures and regulations.]]>
<![CDATA[Tinjauan Hukum Mengenai Sanksi Keperdataan Bagi Pelaku Pembuangan (Dumping) Sampah Limbah Medis Sembarangan ]]>
<![CDATA[Muhammad Fikri Aufa]]>;
<![CDATA[Riana Kesuma Ayu]]>;
<![CDATA[Ma'rifah, Ma'rifah]]>;
<![CDATA[Utami, Mieke Aprilia]]>
<![CDATA[ Strata Law Review Vol. 2 No. 1 (2024): March ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v2i1.154
<![CDATA[Medical waste management is the responsibility of individuals or organizations involved in activities that generate medical waste. Proper and systematic management is required for medical waste classified as B3 waste, encompassing all stages from processing to disposal. This research aims to investigate and evaluate the implementation of legal penalties for those who negligently dispose of medical waste. This study methodology employs normative legal research, utilizing primary legal sources derived from statute rules and secondary data obtained from library resources. This research employs both a legislative and conceptual approach, utilizing a perspective analysis method. Improper disposal of medical waste can harm the environment and may result in legal penalties. This sanction can be imposed by both judicial and extrajudicial dispute settlement processes. The judges' decision towards the defendant must be carried out as a civil penalty agreed upon by the defendant, and a request for enforcement can be made.]]>
<![CDATA[Analisis Hukum Perjudian Togel di Wilayah Hukum Polres Indramayu: Perspektif Hukum Positif ]]>
<![CDATA[Sukenda, Sukenda]]>
<![CDATA[ Strata Law Review Vol. 2 No. 1 (2024): March ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v2i1.184
<![CDATA[Efforts to combat gambling crimes can be carried out in practice through preemptive measures, widespread public awareness campaigns, preventive actions (before the occurrence of any gambling crime), and repressive actions to enforce the law against individuals engaged in gambling activities. These three prevention efforts are interdependent and form an inseparable chain in combating criminal activities in general, including specifically Togel gambling crimes. How does the Indramayu Police Resort undertake efforts to prevent Togel gambling crimes from a positive legal perspective? In this research, the author employs a normative method. In legal studies, the normative method refers to an approach that focuses on determining what "should be" law or legal policy based on moral criteria or widely recognized values. Law enforcement efforts to prevent and eradicate gambling crimes, especially Togel gambling, are necessary to prevent its proliferation and maintain social harmony. Law enforcement is the process of implementing legal desires for society to obey and is an obligation to do so. The goal of law enforcement is to enhance societal order and legal certainty. This is achieved by regulating institutions tasked with enforcement according to their respective scopes and through effective cooperation contributing to goal achievement.]]>
