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Strata Law Review
Published by CV. Strata Persada Academia
ISSN : 29873185     EISSN : 29868114     DOI : https://doi.org/10.59631/slr.v1i2.73
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 35 Documents
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The Investment Supervision Implementation and One-Stop Integrated Services Office on the Implementation of Advertising in Public Spaces Based on the Regulation of the Head of Bekasi Region Wibowo, Riyadi Saputra; Waluyo, Waluyo; Hermawan, Sapto
Strata Law Review Vol. 2 No. 2 (2024): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v2i2.205

Abstract

This research aims to discover the supervision practices carried out by the Bekasi Regency Investment and One-Stop Service Office (PMPTSP Office) and the obstacles faced in implementing billboards in public spaces. This research is descriptive normative research. The sources of legal materials used in this research are primary and secondary legal materials, as well as library study and interview techniques. The analysis method in this research uses qualitative analysis techniques. The results of this study indicate that the supervision carried out by the Bekasi Regency PMPTSP Office on the implementation of billboards in public spaces uses a form of preventive supervision in coordination with the Pamong Praja Police Unit and the Regional Revenue Agency. The obstacles faced by the Bekasi Regency PMPTSP Office in supervising the implementation of billboards in public spaces are the lack of human resources that accommodate the authority, the level of public legal awareness regarding the implementation of billboards, and the development of regulations that are not integrated and develop along with economic growth in the free market era.
PENERAPAN KONSEP RESTORATIVE JUSTICE PADA TINDAK PIDANA ANAK PERSPEKTIF HUKUM ISLAM DAN HUKUM PROGRESIF Sodik, Fazar
Strata Law Review Vol. 2 No. 2 (2024): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v2i2.213

Abstract

Restorative justice is an alternative concept for resolving criminal cases committed by minors or teenagers who cannot be said to meet the requirements to serve sentences equivalent to adults. By prioritizing the restoration of the victim's and perpetrator's conditions to reconcile both parties, while in Islamic law with the concept of qisas-diyat compensation, as-sulhu conciliation, and forgiveness between the perpetrator and the victim, this thesis will discuss the correlation and review of Islamic law and progressive law in the application of restorative justice in child criminal offenses. This research aims to answer the questions that formulate the problem how is the concept of restorative justice in the juvenile criminal justice system from the perspective of Islamic law and progressive law? This study uses a qualitative method with library or literature research: descriptive analysis. This study's results show that applying the restorative justice concept has several methods, including a reconciliation approach, a forgiveness approach, an apology approach, and a sincere remorse approach. Meanwhile, in Islamic law, this form of restorative justice can be in the form of compensation with the concept of qisas-diyat, conciliation in Islam with the concept of as-sulhu in the implementation of Islamic criminal law with the application of ta'zir, and al-afwu forgiveness. The application of Restorative justice in child criminal acts from a progressive legal perspective is manifested in the form of diversion.
THE ROLE OF LAW IN PROTECTING THE RIGHTS OF PERSONS WITH DISABILITIES Qamariyanti, Yulia; Al-Ghifari, Muhammad Farhan; Farghana, Nur Muhammad Zulyan Farghana; Kasehung, Gloria Stefanna; Irfan, Muhammad; Jannati, Fia; Al Farizi, Muhammad Refi; Zaidir, Firman Dzakir
Strata Law Review Vol. 2 No. 2 (2024): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v2i2.232

Abstract

Every individual has equal human rights, without discrimination based on physical differences, skin color, race, ethnicity, or beliefs. This also applies to persons with disabilities who have the right to equal treatment. However, persons with disabilities often face discrimination, especially in obtaining employment. Law Number 8 of 2016 on Persons with Disabilities provides legal guarantees for persons with disabilities to obtain protection and fulfillment of their rights. Nevertheless, the implementation of these rights is still not optimal. This study uses a normative method with a statutory approach to analyze the legal protection for persons with disabilities from violence, exploitation, and in terms of employment. The results show that although there is a strong legal basis, its implementation still faces various challenges, such as social stigma, weak law enforcement, and lack of accessibility. Therefore, further efforts are needed to overcome these obstacles to effectively realize legal protection for persons with disabilities.
Critical Analysis of the Implementation Challenge of Law No. 4 of 2016 on the Maintenance of People's Housing Savings Bidul, Sayang; Widowaty, Yeni; Umaternate, Rifandi; Hiahu, Samsul Bahri
Strata Law Review Vol. 2 No. 2 (2024): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v2i2.248

Abstract

The Indonesian government's implementation of Law No. 4 of 2016 on People's Housing Savings (Tapera) marks a significant effort to provide affordable housing for low-income communities. Ratified in 2020 with the support of Government Regulation No. 25, the Tapera program mandates contributions from employees and employers to create housing savings for workers. However, despite its potential to address the housing shortage, the program faces multiple challenges, including regulatory overlaps with existing housing policies, lack of clarity on participant rights and obligations, and concerns over the financial burden on workers and employers. This study aims to critically analyze the legal framework of the Tapera program, identify the obstacles encountered in its implementation, and provide recommendations for improving its efficiency and transparency. Utilizing a normative legal research method with a statute and conceptual approach, the research analyzes primary legal materials alongside secondary sources, such as the Tapera Act. The findings indicate that while Tapera is intended to provide equitable access to affordable housing, its implementation is hindered by legal ambiguities, coordination issues, and transparency concerns. The study concludes that comprehensive regulatory revision and enhanced coordination between government agencies, BP Tapera, and the private sector are necessary to ensure the success of the Tapera program in achieving its housing affordability objectives.
Enhancing Legal Certainty through Legal Reform in Indonesia: Problems and Efforts to Strengthen Legal Institutions Siddiq, Nurman; Salam, Rudhiana
Strata Law Review Vol. 3 No. 1 (2025): March
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i1.62

Abstract

Legal certainty is a fundamental aspect of the rule of law in Indonesia, as mandated in the 1945 Constitution. However, legal uncertainty persists due to the weakness of legal institutions, which undermines public trust, social stability, and economic growth. This study explores the challenges faced by key legal institutions—police, prosecutor’s office, and judiciary—and their impact on legal certainty. The research employs a normative legal method with a conceptual approach, analyzing secondary legal sources to assess the effectiveness of legal enforcement mechanisms. Findings indicate that corruption, inadequate infrastructure, limited human resource capacity, and inefficient judicial processes hinder the ability of these institutions to uphold justice. To address these issues, comprehensive legal reforms are essential, focusing on enhancing institutional capacity, enforcing transparency and accountability, integrating technology, and fostering public participation. Strengthening oversight mechanisms and implementing ethical standards for law enforcement officials are also crucial. By adopting these measures, Indonesia can build a more transparent, effective, and just legal system that upholds the rule of law and restores public confidence.
Request for Derivation of Investigation Report of Suspect by Legal Counsel during Investigation Stage Abdillah, Irvan
Strata Law Review Vol. 3 No. 1 (2025): March
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i1.276

Abstract

The purpose of this research is to know, analyze and clarify the rights of the suspect, especially in Article 72 of the Criminal Procedure Code regarding the right of the suspect or his legal counsel to obtain a derivative of the minutes of the examination, a derivative of the minutes of the examination according to Article 72 of the Criminal Procedure Code which is for the purpose of defending the suspect. It is very necessary to confirm the rights of the suspect in Article 72 of the Criminal Procedure Code, namely in terms of submitting a derivative of the minutes of the examination. This research employs a normative legal research method. Using both a statutory and conceptual approach. Basically, the derivative of the minutes of examination is useful for the defense of the suspect. It is hoped that for the future draft of the Criminal Procedure Code, especially Article 72 of the Criminal Procedure Code regarding the right of the suspect or his legal counsel to obtain a derivative of the minutes of the examination, the formulators will add the word mandatory considering the importance of the derivative of the minutes of the examination in a legal system that adheres to the principle of Accusatoir. Article 72 of the Criminal Procedure Code requires sanctions if the article is not implemented in the investigation; hence, the immediacy of the derivative of the minutes is critical in ensuring the suspect's legal rights.
Membangun Keadilan Ekonomi: Alokasi dan Distribusi Pendapatan Negara Menurut Perspektif HUKUM Islam Ratnasari, Ai Reni; Janwari, Yadi; Hasanuddin, Muhammad; Anggraeni, Desi Cahya; Gofur, Abdul
Strata Law Review Vol. 3 No. 1 (2025): March
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i1.322

Abstract

Income distribution inequality, unequal access to resources, and high poverty levels indicate that the current economic in Indonesia system still faces challenges in achieving social justice. Islamic economic principles emphasize the importance of fair wealth distribution through mechanisms such as zakat and waqf, which serve as social safety nets for underprivileged groups. This study analyzes the allocation and distribution of national income from the perspective of Islamic law, focusing on the implementation of zakat and waqf as key instruments in income redistribution. The research employs a normative-conceptual approach by analyzing Islamic legal sources and academic literature related to state fiscal policies from the perspective of Islamic economics. The findings indicate that optimal management of zakat and waqf can enhance societal welfare and strengthen economic justice. The government plays a crucial role in regulating and integrating Sharia principles into fiscal policies, including centralized zakat management and market regulations that prevent monopolistic practices and economic exploitation. As a recommendation, a professional and transparent zakat and waqf administration system is needed to improve the effectiveness of fund distribution.
The Concept of Police Justice in Law Enforcement of Minor Criminal Offenses Through Discretion Koni, Agung Subayu
Strata Law Review Vol. 3 No. 1 (2025): March
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i1.336

Abstract

Law enforcement is the main function of the police in maintaining public order and security. Police often face situations requiring quick and correct decisions, especially in handling minor crimes. Minor crimes require a proportional and fair law enforcement approach. However, there are problems in law enforcement for minor violations, which are often considered less than proportional. This dilemma is made even more complex by the discretionary authority possessed by the police, which allows them to resolve cases outside formal judicial channels. This research aims to identify the justice form from discretion used by the police in law enforcement against minor crimes and analyze the extent to which this discretion reflects the principles of justice. The research method used is normative with a statutory and conceptual approach. The research results show that discretion is essential in law enforcement and helps police work more professionally and flexibly. Applying restorative justice through discretion shows many benefits, such as restoring relationships between perpetrators and victims and reducing police workload. To increase its effectiveness, training and education for the police is needed, as well as clear policy support to ensure the implementation of restorative justice in accordance with the law and human rights standards.
Kajian Kepatuhan PT. Mitra Tani 27 terhadap Permenaker No. 5 Tahun 2018 tentang Keselamatan dan Kesehatan Kerja Dewi, Riskha Dora Candra
Strata Law Review Vol. 3 No. 1 (2025): March
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i1.339

Abstract

Income distribution inequality, unequal access to resources, and high poverty levels indicate that the current economic in Indonesia system still faces challenges in achieving social justice. Islamic economic principles emphasize the importance of fair wealth distribution through mechanisms such as zakat and waqf, which serve as social safety nets for underprivileged groups. This study analyzes the allocation and distribution of national income from the perspective of Islamic law, focusing on the implementation of zakat and waqf as key instruments in income redistribution. The research employs a normative-conceptual approach by analyzing Islamic legal sources and academic literature related to state fiscal policies from the perspective of Islamic economics. The findings indicate that optimal management of zakat and waqf can enhance societal welfare and strengthen economic justice. The government plays a crucial role in regulating and integrating Sharia principles into fiscal policies, including centralized zakat management and market regulations that prevent monopolistic practices and economic exploitation. As a recommendation, a professional and transparent zakat and waqf administration system is needed to improve the effectiveness of fund distribution.
Innovating Murabahah through Hybrid Contracts: A Normative Juridical Analysis of Sharia-Compliant Financial Practices and Governance in Islamic Banking Siregar, Muhammad Islah; Ikhsan, Muhammad Miftahul; Abdurrahman, Nana Herdiana; Setiawan, Iwan; Fadillah, M Rizki
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.135

Abstract

This study investigates the application of the hybrid contract concept in murabahah financing within Islamic banking, focusing on its legal validity, operational procedures, and compliance with Sharia principles. Hybrid contracts (al-‘uqud al-murakkabah), which integrate multiple contractual elements into a unified framework, have emerged as a significant innovation to address the limitations of conventional murabahah structures in meeting complex financing demands. Employing a normative juridical research design with a qualitative-descriptive approach, this research analyzes primary Islamic legal sources (Qur’an, Hadith, and classical fiqh), relevant regulations, and fatwas, particularly DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000, alongside secondary literature on Islamic finance. The findings reveal that the hybrid contract model, particularly al-murabahah wa ar-rahn (murabahah with collateral), is legally permissible and aligns with the maqasid al-shariah when implemented with full asset ownership and risk assumption by the bank prior to contract execution. The study contributes to the discourse on Sharia-compliant financial innovation by proposing standardized governance protocols, enhanced transparency, and adaptive legal frameworks to strengthen hybrid murabahah financing practices.

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