The Journal Of Socio Legal and Islam Law
The Journal Of Socio-Legal and Islamic Law is a journal in the fields of Law and Society, Socio-Legal Studies on Indonesia, also islamic and syariah law, that can build on a interactive discourse of the Faculty of Law University of Muhammadiyah Surabaya in conducting, international and national interdisciplinary studies of law. The Journal Of Socio-Legal and Islamic Law objective is to become the leading international journal for socio-legal studies on Indonesia. The Journal Of Socio-Legal and Islamic Law publishes theoretical contributions that fall in the socio-legal field, as well as contributions that are the results of empirical and interdisciplinary research on legal issues in Indonesia. Submitted papers are subjected to a double-blind peer-review process by national and/or international experts. The Journal Of Socio-Legal and Islamic Law is published twice a year (in June and December) by Faculty of Law University of Muhammadiyah Surabaya
Articles
55 Documents
<![CDATA[The Legitimacy of Unmanned Aerial Vehicle Usage in International Humanitarian Law ]]>
<![CDATA[L.Ya Esty Pratiwi]]>
<![CDATA[ Socio Legal and Islamic Law Vol 2 No 2 (2023): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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DOI: 10.30651/jssl.v2i2.22382
<![CDATA[The use of drones as a weapon in the battlefield has raised various issues, especially concerning the protection of civilian populations and compliance with the principles of IHL (International Humanitarian Law). Although there are no specific international regulations governing the use of drones, flexible principles of IHL can be applied. However, the use of drones for armed attacks has raised questions about the legality and state responsibility for their impact. In the context of the United States, the use of drones has raised concerns regarding violations of IHL and international law. Protecting civilians under IHL and distinguishing between military and non-military targets are primary concerns in assessing the use of drones as weapons. Furthermore, the need for stricter international regulations and state accountability in the use of drones is also highlighted in this article. Thus, this article presents an in-depth analysis of the legal challenges and implications of drone use in wartime situations, as well as emphasizing the need for a clear regulatory framework within the context of international law. Keywords: Keywords: Civilian population, Legality and accountability of states, International law]]>
<![CDATA[The Effectiveness of the Results of the Security Council's Decision Regarding North Korea's Ceasefire Violations South Korea Sovereignty ]]>
<![CDATA[Rully Agung Afrizal]]>
<![CDATA[ Socio Legal and Islamic Law Vol 2 No 2 (2023): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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DOI: 10.30651/jssl.v2i2.22394
<![CDATA[This research focuses on examining the North Korean government's ambitions to expand its influence beyond the borders of other nations. Specifically, in this study, the President of South Korea responded quickly and efficiently to the protests lodged by him against the highest leader of the North Korean authorities, urging for an immediate meeting or dialogue regarding the recent violations of the armistice agreement by North Korea over the integral territory of South Korea, which is increasingly volatile at several strategic guard posts along the 248-kilometer border known as the Military Demarcation Line, cutting across the waist of the Korean Peninsula and following the Korean Demilitarized Zone that serves as the de facto border between the North and South.]]>
<![CDATA[Analysis of China's 9-Dash Line Claim in the South China Sea Under International Law ]]>
<![CDATA[Muhammad Ibrahim Akbar]]>;
<![CDATA[Prakasa, Satria Unggul Wicaksana]]>
<![CDATA[ Socio Legal and Islamic Law Vol 2 No 2 (2023): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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DOI: 10.30651/jssl.v2i2.22430
<![CDATA[The South China Sea area is an area that has a lot of potential. Its very strategic role in various fields such as politics, economics, and security makes it the largest water area with great potential. It contains 266 trillion cubic feet of gas reserves and 7.7 billion barrels of oil reserves. This is the cause of the dispute that occurred in the South China Sea (Luh Gede, et al 2022). There is a clash of diplomacy cultures between ASEAN with the "ASEAN Way" which upholds the principles of non-intervention and consensus and China with direct diplomacy efforts to related countries. (Ali Maksum 2017) The need for a large role from the government to make new, firmer policies to increase the strength of the sovereignty of the Republic of Indonesia. (Atikah, et al 2021) The importance of peace diplomacy efforts at the bilateral, regional level can be focused on efforts to resolve the South China Sea dispute. (Yuli, et al 2021) The need for China to respect the decision of the Permanent Court of Arbitration (PCA) so that it can be resolved in a peaceful manner. (Dessy, et al 2018). This research will focus on (1) What types of violations of state sovereignty committed by China over the South China Sea claims and (2) How dispute resolution efforts can be taken by the South China Sea region countries and the UN according to UNCLOS 1982. This research method adopts quantitative and qualitative research methods from various social sciences and sees legal issues as a social event. The results in this study show that the dispute over the South China Sea region between China and the country sliced by the Nine Dash Line map still does not show a bright spot and the existing disputes will continue to recur and develop over time due to differences in principles between the parties to the dispute. On the one hand, China sticks to historical theory, while other countries that are sliced also use historical theory which is also accompanied by the determination of territorial boundaries contained in UNCLOS 1982. In this case, good faith between countries is needed by making mediation efforts in order to reach a peaceful agreement. However, if this is still deemed unable to resolve the existing dispute, then another step that can be used is through the decision of the International Court of Justice (ICJ).]]>
<![CDATA[Human Rights Violations and Alleged Crimes War in the Russian-Ukraine Conflict ]]>
<![CDATA[Wardana, Dodi Jaya]]>;
<![CDATA[Roqib, Muhammad]]>;
<![CDATA[Maulana P, Arya]]>
<![CDATA[ Socio Legal and Islamic Law Vol 2 No 2 (2023): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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DOI: 10.30651/jssl.v2i2.22546
<![CDATA[This research aims to examine human rights violations and alleged war crimes during Russia's invasion of Ukraine. The conflict between Russia and Ukraine occurred because they fought over the Crimea region, Eastern Ukraine. Crimea has been contested for centuries. Crimea was formerly called Tauris or Tavrida, by the Russian people this region is considered the home of various ethnic groups. This conflict between Ukraine and Russia caused many casualties and major damage to physical infrastructure in Ukraine. Russia's actions in the Crimea region have received various criticisms from the European Union and western countries. Russia has intervened in Ukraine and carried out acts of aggression into the Crimea region. The European Union and Western countries condemned Russia's actions as violating the rules of international law. The aim of this research is to determine human rights violations and alleged war crimes in the Russia-Ukraine conflict as well as forms of accountability and sanctions for human rights violations. The research method used is a normative juridical type with a statutory and conceptual approach supported by primary and secondary legal materials. The results of this research show that the United Nations demands that Russia stop its power against Ukraine. Russia, which is involved in the conflict, must comply with the rules and provisions of International Law, which is the only way to resolve Russia's dispute with Ukraine peacefully. Keywords: Russia-Ukraine; Human Rights Violations; War Crimes ]]>
<![CDATA[Prewedding in the Perspective of Islamic Law ]]>
<![CDATA[Mohammad Syafa'ad]]>;
<![CDATA[La Ode Ismail Ahmad]]>;
<![CDATA[Abdul Rahman Sakka]]>
<![CDATA[ Socio Legal and Islamic Law Vol 2 No 1 (2023): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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<![CDATA[In terms of meaning, a man is prohibited from being alone with a woman who is not his mahram and a woman is prohibited from traveling except with her mahram, because if she does not go with her mahram there is fear that slander or bad things will happen to the woman. However, if there is a need to leave the house, it is permissible to leave the house on condition that you maintain personal purity and maintain a sense of shame. Contextualization of the hadith prohibiting seclusion in taking pre-wedding photos, namely the hadith prohibiting seclusion is one of the hadiths that is relevant to the cultural phenomenon of pre-wedding photos. Ikhtilat, kasyful aurat, touching with the opposite sex, tabarruj and khalwat are behaviors that violate Islamic law which usually occur during pre-wedding photos. Keywords: first keyword, second keyword, third keyword]]>
<![CDATA[Study of Environmental Preservation Law From an Islamic Legal Perspective ]]>
<![CDATA[Firmansyah, Andi]]>;
<![CDATA[La Ode Ismail Ahmad]]>;
<![CDATA[Abdul Rahman Sakka]]>
<![CDATA[ Socio Legal and Islamic Law Vol 3 No 1 (2024): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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DOI: 10.30651/jssl.v3i1.23449
<![CDATA[Environmental preservation is becoming an increasingly urgent issue amidst global challenges posed by ecosystem degradation, pollution and climate change. In the context of Indonesia, where the majority of the population is Muslim, it is important to explore the role of Islamic law in supporting environmental conservation efforts. Islamic law, as a comprehensive legal system, not only regulates ritual and social aspects, but also provides moral and ethical guidelines related to nature conservation and ecosystem balance.This research aims to examine the principles of Islamic law that are relevant to environmental conservation and explore the potential for their application in the context of legal regulations in Indonesia. Through a qualitative approach and literature study methods, this research identifies teachings in the Al-Qur'an and Hadith which emphasize human responsibility as caliphs on earth, including the obligation to protect and preserve nature.The results of the study show that Islamic law has great potential to provide a strong ethical foundation for environmental conservation. Principles such as balance (mizan), prohibition of causing damage (fasad), and responsibility as caliph on earth can be used as a basis for formulating environmental policies and legal regulations. This research concludes that the integration of Islamic values in environmental law can strengthen environmental conservation efforts in Indonesia, creating a legal framework that is not only oriented towards short-term interests but also towards long-term sustainability and balance of the ecosystem. Keywords: Islamic law, environmental conservation, environmental law]]>
<![CDATA[The Urgency of Forming Regional Regulations Concerning Regional Cooperation in Wonosobo District ]]>
<![CDATA[Suryana, Eka Pala]]>;
<![CDATA[Rizal, Muhammad]]>;
<![CDATA[Palestina, Firdaus Ayu]]>
<![CDATA[ Socio Legal and Islamic Law Vol 3 No 1 (2024): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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DOI: 10.30651/jssl.v3i1.23903
<![CDATA[The dynamics of development in Wonosobo Regency in the last decade have given rise to several collaboration initiatives between parties as mandated in article 363 of Law number 23 of 2014 concerning Regional Government. Relevant to this, a Regional Regulation is needed which will become the umbrella or legal basis for efforts to explore opportunities for regional cooperation efforts in Wonosobo Regency. This research is about the urgency of forming Regional Regulations, especially Wonosobo Regency and also about the concept of effective and efficient cooperation. This research uses normative legal research methods with a focus on applicable laws and regulations, especially those related to regulations regarding regional cooperation. The urgency of forming regional regulations regarding regional cooperation in Wonosobo Regency is as a legal umbrella that explains in detail the concept of regional cooperation. Concepts or models of cooperation that can be applied are knowledge cooperation, standardization cooperation, implementation cooperation, functional cooperation, structural cooperation and philanthropic cooperation. Therefore, it is recommended that the Wonosobo Regency government form a Regional Regulation regarding regional cooperation and the concept or model of this cooperation]]>
<![CDATA[Legal Protection for Defamation Suspects Who Spread Facts on Social Media Reviewed from the ITE Law ]]>
<![CDATA[Asis, Asis]]>
<![CDATA[ Socio Legal and Islamic Law Vol 3 No 1 (2024): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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DOI: 10.30651/jssl.v3i1.23904
<![CDATA[This research wants to discuss the problem of defamation that is suspected of spreading facts on social media. This research is intended to understand the interpretation of Article 27 of the ITE Law as well as the Joint Decree of the Minister of Communication and Information Technology, the Attorney General, and the Chief of the National Police of the Republic of Indonesia on Implementation Guidelines for Certain Articles in the ITE Law. The research approach used is the Gap and Socio-Legal Analysis Study, which is an approach to study the implementation of the law on criminal procedure law and its relation to social impacts on law enforcement in Indonesia. The results of the study show that law enforcement officials always use Article 27 of the ITE Law to ensnare defamers on social media and override the Joint Decree of the Minister of Communication and Information, the Attorney General, and the Chief of the National Police of the Republic of Indonesia, so that the judge's decision is considered contradictory to the existing provisions. Keywords: Criminal Code, Defamation, ITE Law, Law Enforcement Officials]]>
<![CDATA[Analysis of the Renvoi Procedure in Special Cases of Insolvency on Review (Case Study of the Decision of Mahkamah Agung Number 44 PK/Pdt.Sus-Bankruptcy/2021) ]]>
<![CDATA[Nawang Wulan, Dewi]]>;
<![CDATA[Antonio, Andi]]>;
<![CDATA[Munir, Ahmad]]>
<![CDATA[ Socio Legal and Islamic Law Vol 3 No 1 (2024): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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DOI: 10.30651/jssl.v3i1.23905
<![CDATA[This article discusses the mechanism of renvoi procedures in civil cases specifically for bankruptcy in Indonesia, with a focus on the case study of Supreme Court Decision Number 44 PK/Pdt.Sus-Pailit/2021. The renvoi procedure allows creditors or debtors to dispute the amount of debt that has been acknowledged by the curator in the debt/receivables verification meeting. Through analysis of this decision, this article examines how disputes regarding the amount of debt can proceed to the judicial review stage and highlights the important role of the Supreme Court in providing legal certainty. The results of the analysis show that the renvoi procedure is an important instrument to ensure fairness and accuracy in the bankruptcy resolution process. Even though the amount of the debt has been acknowledged in the verification meeting, new evidence or recalculation can change the amount, and the dispute can be taken to court until a decision with permanent legal force is reached. This case highlights the complexity and importance of procedural review as well as the central role of the Supreme Court in ensuring that the bankruptcy resolution process is fair and in accordance with applicable legal provisions. Keywords: Renvoi Procedure, Bankruptcy, Judicial Review]]>
<![CDATA[The Vortex Of Corruption In The Midst Of Local Government And Its Prevention: The Destruction Of Integrity Values ]]>
<![CDATA[Muslim, Muhammad Buchori]]>
<![CDATA[ Socio Legal and Islamic Law Vol 1 No 2 (2022): The Journal of Socio-Legal and Islamic law ]]>
Publisher : <![CDATA[Faculty of Law, Muhammadiyah University of Surabaya ]]>
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<![CDATA[Corruption in recent years has been fussed with many being involved in corruption cases. This corruption then results in losses suffered by the public, such as poverty and social inequality etc. From 2004 to February 2021, a total of 126 regional heads have been designated by the KPK as corruption suspects. . Corruption cases that occur in the government, especially local governments, cannot be separated from the weak prevention function from within. As for based on data from the KPK, the highest number of corruption crimes from 2004 to 2019 was in local government agencies (provincial and regency / city) as many as 500 cases out of a total of 1032 cases. Efforts to fight or eradicate corruption are not enough to arrest and throw corruptors in jail, because opportunities for corruption are wide in front of would-be corruptors. That is why it is necessary to instill good values of Integrity and make efforts to make efforts to cultivate. Keywords : Corruption, Local Government, Integrity Values, Prevention ]]>
