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International Journal of Law Dynamics Review
Published by Nursyam Centre
ISSN : -     EISSN : 29877075     DOI : https://doi.org/10.62039/IJLDR
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
International Journal of Law Dynamics Review is published by Nursyam Centre half-yearly (May and November). The aim and scope of this journal is to provide a venue for academic, researchers and practitioners for publishing their original research articles or review articles. IJLDR is available in printed and online version. English is language used in this journal. The articles published overs a broad range of topics in the fields of Constitutional Law, International Law, Criminal Law, Private Law, Human Right Law, Business Law, Administrative Law, Medical Law, Environmental Law, Cyber Law, Military Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 17 Documents
 1   2 
Double Standards in International Legal Politics in the Settlement of Violations of Human Rights to the Rohingya Ethnic Maziyyah, Rifdatul; Shohihah, Millatus; Syndo, Sivana Amanda Diamita; Murtadho, Nazhif Ali
International Journal of Law Dynamics Review Vol. 1 No. 1 (2023): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i1.1

Abstract

This article aims to identify the resolution of gross human rights violations against the Rohingya ethnic group who have been discriminated of the Myanmar Military Junta Government. The international community and political response are giving pressure and criticism about upheaval against the settlement of violations against the Rohingya. The Myanmar government rejection of accusations of gross human rights violations can be seen from the international double standards towards the settlement of the Rohingya case. This article uses the library research method, and critical analysis to understand the settlement of human rights violations against the Rohingya. The conclusion is Discrimination against this ethnic can be considered by international human rights law as a gross violation of human rights, even though Myanmar has legal arrangements for protecting human rights in force in its country. International human rights law as a political instrument has powerful in efforts to create quality international policy products including guaranteeing the implementation of respect for human rights in the world through the role of international institutions as guardians in the process of enforcing human rights violations committed by a country through various strategic steps both repressive, preventive and curative. Discrimination against the Rohingya can be seen in the application of double standards by several countries such as the Western block countries, where they seem to keep quiet about these human rights violations.
Binary Option Affiliate Mode in Money Laundering Paradise, Moh. Iqbal; Fatoni, Syamsul
International Journal of Law Dynamics Review Vol. 1 No. 1 (2023): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i1.3

Abstract

This article aims to analyze the legal arrangements regarding money laundering under the guise of binary options trading and the elements behind the actions of binary option affiliates can be qualified as money laundering crimes. This study discusses regulations related to money laundering under the guise of binary options trading and the elements behind the actions of binary option affiliates can be qualified as money laundering crimes. The type of research is normative, with a statutory approach and a case approach, legal material collection techniques consisting of literature studies, document studies, and online research as well as methods of descriptive legal material analysis and deductive conclusion making. The results showed that the regulation of money laundering in the mode of binary options trading in Indonesia is regulated in Article 3 of the TPPU Law, while the mode of binary options trading itself is regulated in Article 378 of the Criminal Code concerning fraud, Article 27 paragraph (2) and article 28 paragraph (1) of the ITE Law. While the elements behind the actions of binary option affiliates can be qualified as money laundering crimes are the existence of original crimes, namely fraud and online gambling and the act of disguising assets obtained from the results of binary option affiliates by spending these assets and giving them free of charge to others in unreasonable large amounts, As well as storing them in the form of digital assets such as crypto and bitcoin
Fair Perception as a Condition for Polygamy Permit Application at Mojokerto Religious Court Masadah, Masadah; Muhammad, Afif
International Journal of Law Dynamics Review Vol. 1 No. 1 (2023): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i1.4

Abstract

This article aims to describe the application for polygamy at the Mojokerto Religious Court, the administrative complexities and the process for allowing husbands to practiceoligamy. The judge can give consideration in granting permission for polygamy proposed by the husband. The research method used is a qualitative research method with a descriptive-analytical approach, this research uses judge interview data and then qualitative analysis is carried out with deductive methods. The results showed that hakim at the Mojokerto Religious Court interpreted fair in polygamy as proportional, that is, having to adjust and place something according to its place. The husband in terms of providing for his wives bypaying attention to the needs of each wife. The factor or reason for the granting orrejection of the application for polygamy permission at the Religious Court is that the judge gets confidence that the husband will be able to act fairly with the judge's suspicion that is faced with evidence before the court. The evidence in the trial process includes letter evidence, statements of the applicant and respondent, witness statements that will assess from the evidence the ability and readiness of the husband to polygamy.
Criminal Liability Against Perpetrators of HOAX Spread in Indonesia Rosyadi, Imron
International Journal of Law Dynamics Review Vol. 1 No. 1 (2023): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i1.5

Abstract

The purpose of this article is to explain and examine the responsibility of perpetrators in the criminal act of disseminating information in the form of misleading fake news, especially based on Law Number 11 of 2008, let alone the blurring of norms related to the phrase fake and misleading news. One of the main problems of crime that occurs in society is the use of social media so the government needs to support the development of information technology through legal infrastructure and regulation so that the use of information technology must be carried out safely to prevent its misuse by taking into account the religious and socio-cultural values of the Indonesian people. This article is in the form of normative juridical research that is useful for finding solutions to legal issues that are the focus of study. The results showed that the perpetrators of spreading false news apply the principle "what must be proven is about the inability to be criminally responsible, and not about the ability to be criminally responsible" so that it can produce a fair legal decision as well as certainty and usefulness. If proven, the perpetrator can be sentenced based on the provisions in Article 28 paragraph (1) of the Electronic Information and Transaction Law with criminal threats based on Article 45A paragraph (1) of Law 19 Number 2016 with a maximum imprisonment of 6 (six) years and/or a maximum fine of IDR 1 billion.
Exceptions to Agreements on Intellectual Property Rights in Business Competition Law in the Field of Technology Innovation Kartiko, Galuh
International Journal of Law Dynamics Review Vol. 1 No. 1 (2023): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i1.6

Abstract

This article aims to shows that economic strength is the main foundation of a country in any part of the world; meaning that it has the same sovereignty as other countries. To achieve this, synergy between the government and the community is needed in building political will related to economic management. The state is the party that has the authority to establish ground rules that support and protect economic activity and growth. Qualitative research using literature methods or secondary legal materials, journals, and also taking from primary legal materials, namely related laws. The result of this research is the current era, technological innovation does not just stop at producing new products or services. However, in this era, technological innovation has had a negative impact on the development of existing businesses, where the presence of technological innovation has disrupted conventional business. Conditions like this by Christensen call disruptive innovation. So, there are several legal and economic problems arising from the phenomenon. In particular, an interesting legal issue in the context of the phenomenon of disruptive innovation is related to intellectual property rights
The Government's Role in the Protection and Management of the Environment in the Kalimas River, Surabaya Habibi, Miftakhur Rokhman; Salam, Mohammad Alfi F Z
International Journal of Law Dynamics Review Vol. 1 No. 1 (2023): May
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i1.7

Abstract

The government's efforts to maintain the balance of the environment in development and natural preservation are unending. This research uses a combined type of legal research between normative and empirical juridical approaches (Mixed Method). The government issued a legal product in Law No. 32 of 2009 concerning the Protection and Management of the Environment to achieve this goal. The conclusion is the formation of the basis of human ethics for the environment has a major influence in creating and shaping the environment in the future for generations to come to create a healthy and clean-living environment to be used as a place for human habitation. It can avoid some unwanted things such as bad impacts and other environmental damage that can be detrimental to the state and harm everyone who lives around the damaged environment. It is important to involve several parties in environmental management such as the government and the community.
Public Participation in the Process of Forming Law No. 3 of 2022 concerning the National Capital Hatta, Moh.
International Journal of Law Dynamics Review Vol. 1 No. 2 (2023): November
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i2.8

Abstract

This research is normative research to answer questions about how the Pancasila legal state provides space for community participation and to what extent community participation is carried out in the process of forming Law Number 3 of 2022 concerning the State Capital. This research is normative research using a statutory approach and a conceptual approach with the method of writing descriptive analysis. The data collected is collected using text review which is then compiled and analyzed with a deductive mindset The conclusion in this study is the lack of community involvement in the formation of Law Number 3 of 2022 concerning the State Capital. This is certainly not in line with the principles and values contained in Pancasila as an ideology and philosophy of life for the nation, which opens up space for public participation in the process of forming a legal product. In line with the conclusions above, each authorized institution needs to provide a wider space so that the community can contribute to the formation of a law and regulation, besides that it is also important that the community is not apathetic in contributing to it. So on the part of state institutions and society, there is a shared principle that public involvement is very important to create a legal product that is in the interests of the people.
Organized Crime in the Corruption of Garuda Indonesia's Former Director (Analysis of the Jakarta District Court Decision) Sari, Merina Puspita; Nata, Akbar Raga
International Journal of Law Dynamics Review Vol. 1 No. 2 (2023): November
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i2.18

Abstract

This article delves into the complex world of organized crime and traces the historical roots of its development and impact on society. Focusing on corruption cases involving PT Garuda Indonesia and Rolls Royce the transnational dimensions of organized crime are examined. A criminological lens helps dissect the structural elements of organized crime to uncover networks of clients who seek to exploit legal loopholes. International legal mechanisms such as the UN Convention against Transnational Organized Crime aim to standardize responses to this widespread threat. Examining corruption within this framework highlights the global reach of organized crime and the need for collective action. Lastly as society grows the challenges of organized crime also increase. Global understanding combined with international cooperation guided by legal frameworks is essential to combat the complex and widespread nature of organized crime. This case study highlights the importance of criminology in identifying and combating the problem of organized crime in an interconnected world by underscoring the urgent need to address not only individual crimes but also their interconnectedness.
The Implementation of Economic Border Policing to Enhance Inclusive Economic Productivity Pratama, Bellen Anggara
International Journal of Law Dynamics Review Vol. 1 No. 2 (2023): November
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i2.19

Abstract

Sustainable and inclusive development is the fundamental objective in reaching national development goals. National Medium-Term Development Plan (RPJMN) 2020-2024 aims to enhance Indonesia's per capita income to that of upper-middle-income countries (MIC) with enhanced infrastructure, human resources, public services, and citizen welfare. This RPJMN objective aligns with the Sustainable Development Goals (SDGs), which comprise 17 interrelated goals and indicators grouped into sevent development agendas. Implementation of the SDGs on a regional level is vital to attaining these objectives, as regional policies and development programmes can make a substantial contribution. The SDGs underline the significance of achieving inclusive and sustainable economic growth, universal access to basic services, natural resource management, and strengthening local institutions. In order to attain elevated economic growth, Indonesia necessitates an economic metamorphosis through the augmentation of productivity across several sectors. The 2023 Policy Plan (RKP 2023) adopts the theme "Increasing Productivity for Inclusive and Sustainable Economic Transformation," in order to reinforce economic resilience, enhance regional development and advance human resource quality. In this context, Economic Border Policing emerges as an important strategy for supporting the revival of the national economy through cooperatives and micro, small, and medium-sized enterprises (MSMEs) in border regions. Economic Border Policing is multifaceted, encompassing illegal trade control, trade and investment monitoring, welfare and rights protection, and the promotion of local economic development in border regions. Implementing Economic Border Policing is expected to create a safe and effective environment for inclusive and sustainable economic growth in border areas, facilitating enhanced economic productivity and comprehensive regional development.
The Importance of Halal Certificates in Halal Food Using the Digital Platform Nurillah, Shinta Lintang
International Journal of Law Dynamics Review Vol. 1 No. 2 (2023): November
Publisher : Nursyam Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62039/ijldr.v1i2.20

Abstract

The world's fast progress, particularly in the realm of technology, necessitates the adaptation of diverse sectors to current developments. The COVID-19 epidemic has had a minimal influence on communal activities as a result of the Indonesian government's strategy of imposing large-scale social restrictions. Restrictions have an influence not just on the major company sector, but also on the small and medium enterprise (MSME) sector. The COVID-19 epidemic has become a new issue for MSMEs in the midst of business innovation rivalry and the need to think of other solutions to continue selling, even if only from home. The fast evolution of digital technology is the outcome of efforts to fulfill human life's requirements. The basic essentials of existence are food. According to Article 29 of the Republic of Indonesia's 1945 Constitution, "the State guarantees every citizen to embrace their respective religions and to worship according to their religion and beliefs." As a result, the state is obligated to give assurances and safeguards for the halalness of the items ingested. The Halal Product Assurance Agency (BPJPH) of the Ministry of Religion of the Republic of Indonesia provides product halal assurance by offering free halal certification (self-declaration) services. According to the outcomes of the conversation, the government has established a strategy to increase halal certification through the halal self-declaration program. The initiative is still in its early stages and requires extensive socialization across all divisions of industry, particularly among those who utilize digital platforms.

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