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Rico Nur Ilham
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INDONESIA
Journal of International Islamic Law, Human Right and Public Policy
Published by PT. RADJA INTERCONTINENTAL PUBLISHING
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol. 1 No. 1 (2023): March" : 9 Documents clear
LEGAL PROTECTION FOR MSME TRADERS WHO EXPERIENCE A DECLINE IN PURCHASING POWER DUE TO THE IMPACT OF ONLINE SELLING AND BUYING TRANSACTIONS REVIEWED BY JURIDICAL STUDY Yasmirah Mandasari Saragih; Fahmi Anwar Tanjung; Muhammad Fahmi; M. Fajri Hidayatullah; Alexander
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.1

Abstract

This article aims to find out how legal protection is for small traders who experience a decrease in purchasing power due to the impact of online buying and selling transactions and how the juridical review of online buying and selling transactions has an impact on the micro-economic sector of society. This writing is motivated by the problems of people who own MSME businesses due to the decline in purchasing power due to changes in digitalization, including in the economic aspect. The research method used is the Normative Juridical method with a descriptive analysis approach. The results of this research are that legal protection for MSMEs is regulated in article 50 letter (h) of Law no. 5 of 1999 and in a juridical study of online buying and selling transactions/electronic transactions only regulates transaction procedures, not comprehensive aspects of problems between sectors of the national economy, but the government must take a stand in combining and providing counseling to the national economic sector in Indonesia and facilitate.
LEGAL SANCTIONS FOR THE CRIMINAL ACT OF LAND CLAIMS IN A POSITIVE AND CRIMINAL LAW PERSPECTIVE ISLAMIC CRIMINAL LAW Mhd. Ihwanuddin Hasibuan; Mark G. Maffett; Bob Feinbrg
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.2

Abstract

The research aims to find out what the penalties are for perpetrators of criminal acts of land grabbing from a positive criminal law perspective and the penalties for perpetrators of criminal acts of land grabbing from a criminal law perspective. The type of research method used by normative juridical research. Secondary data sources were obtained from Al-Qur'an, Hadith, Fiqh Jinayah books, and the Criminal Code. Then it is analyzed using a qualitative descriptive method, namely explaining everything in the main issues firmly based on the problem formulation which is concluded inductively. Based on the results of the research, it can be concluded that the legal sanction for the crime of land grabbing according to the positive criminal law contained in the Criminal Code (KUHP) can be punished according to the provisions of article 385 by 4 years' imprisonment, whereas in Islamic criminal law the sanction of imprisonment can be imposed with the fingertips. ta'zir.
IMPLEMENTATION OF WALIMATUL 'URS IN THE MIDDLE OF THE COVID-19 PANDEMIC A REVIEW OF MAQHASID SYARI'AH IN NEW VILLAGE COMMUNITIES DELI SERDANG DISTRICT Novita Aulia Lubis; Jorge O. Brusa
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.3

Abstract

Looking at it from the Maqashid Syari'ah perspective, government policy during the implementation of Community Activities was a form of Mashlahah (goodness)carried out to control the spread of the Covid-19 virus in order to create benefits for humans based on the M principleaqashid shariaIn it there is benefit for humans by protecting the five human existences including protecting the lives of hifd nafs.The creation of a benefit is basically by prioritizing the public benefit and can be seen in terms of the aim of Sharia', namely establishing that law always has a relationship, whether direct or indirect, and is related to the five basic principles of human life. Therefore, to find out the factors that are the reasons why people continue to hold luxurious Walimatul 'urs receptions in the midst of the Covid-19 pandemic, this research was prepared using normative-empirical research methods and a statute approach and a case approach. . There are three legal materials used, namely primary, secondary and tertiary legal materials. then the three legal materials were collected using the observation method through interviews supported by data and processed using qualitative methods and described using deductive logical thinking. And it was found that the Governor's Instructions had not been fully implemented by the community, Walimatul 'Urs was still being carried out as usual without taking into account the Covid-19 season and not implementing the recommended health protocols. The Government must provide more specific provisions and sanctions for regional (per region) because the development of the virus in each region is very different.
IMPLEMENTATION OF THE SANCTION OF WHIP FOR THE COMMUNITY ACEH IN THE ERSFECTIVE OF ISLAMIC LAW Mhd. Fauzan Simanjuntak; R. Soesilo; Habibullah Harahap
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.4

Abstract

Customary Law is the entire code of community behavior that applies and has sanctions and has not been codified. Islamic law is one of the laws used by the Aceh government in enforcing Sharia law. The aim of this research is to what extent is the enforcement of caning laws carried out by the Aceh government regulations on convicts in cases of violations of Islamic law, why are there differences in caning sentences in a decision, and is there a connection to customs in sharia law in Aceh. Based on the research results, the caning law imposed in Qanun No. 6 of 2014 concerning the Jinayat Law did not receive any rejection from the people of Aceh. enforcement of Qanun no. 6 of 2014 was carried out by the Wilayatul Hisbah police, which is part of the civil service police. The determination of the defendant's sentence is carried out by the Panel of Judges at trial. Implementation of the whip law Qanun no. 6 of 2014 is expected to have a deterrent effect on perpetrators and serve as an example so that the people of Aceh do not violate Qanun no. 6 of 2014. There is an application of the law of caning which is applied to violators of Qanun No. 6 of 2014, different sentences are given according to the type of offense committed by the defendant
ANALYSIS OF MASLAHAH MURSALAH REGARDING PRE-MARRIAGE GUIDANCE AS AN ADMINISTRATIVE REQUIREMENT IN EFFORTS TO FORM THE SAKINAH FAMILY ON CONVERTING (STUDY AT KUA SIMPANG EMPAT KARO DISTRICT) Anasrudin; Milhan; Irwan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.5

Abstract

Karo Regency or Tanah Karo is one of the districts in North Sumatra which is inhabited by various religions and beliefs, Islam being the religion of belief for some of its population. Of the various religious groups, religious people are certainly not free from various problems that occur, such as converting from one religion to another religion outside of Islam, as well as adherents of other religions who are moved to learn and join and adhere firmly to the religion of Islam or are also called converts. Recently, it has not only been limited to that, for Muslim converts who want to get married, they have been faced with marriage guidance before marriage as a condition that must be fulfilled, so they have had a little difficulty and quite a few of them have neglected pre-marital guidance when they converted to Islamic teachings. This type of research is classified as qualitative (analytical approach research) with the research approach used being an empirical juridical approach, while the data sources for this research are primary and secondary data sources. The data collection methods used by the author are interviews, documentation and observation. From this research it can be concluded: The implementation of pre-marital guidance for Muslim converts carried out at the KUA Simpang Empat District has gone well. The response of converts to this program is the awareness of the couple regarding their rights and responsibilities as husband and wife. so that in married life an attitude of mutual understanding and mutual respect is formed. The law of carrying out pre-marital counseling for converts to Islam according to the perspective of maslahah murlah is sunnah sukaadah. Premarital guidance is used as a positive administrative requirement, because premarital guidance for converts contains benefits to support the journey to building a household that is sakinah, mawaddah and rahmah.
LEGAL PROTECTION FOR COPYRIGHT WORKS OF ART IN THE DIGITAL ERA IN INDONESIA Micael Jeriko Damanik; Rolando Marpaung; Dikki Saputra Saragih; Parlindungan Purba; Lidya Lase
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.22

Abstract

Current technological developments have greatly influenced the field of Intellectual Property Rights. Internet technology with its various conveniences not only provides benefits for copyright but also causes losses which have an impact on increasing violations of copyright law in Indonesia, especially digital copyright. Legal protection for copyright based on digital technology in Indonesia culminates in Law Number 28 of 2014 concerning Copyright. Copyright law has basically accommodated technological developments in Indonesia, but law enforcement in cases in the digital sector provides protection for copyright based on government law. The law must also be applied appropriately, so that developing digital technology does not damage the basic principles of copyright
JURIDICAL REVIEW OF THE IMPLEMENTATION OF THE PRINCIPLES OF JUSTICE IN JUDGES' DECISIONS IN LAND DISPUTE CASES Rolando Marpaung; Micael Jeriko Damanik; Parlindungan Purba; Elfrida Feronika
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.23

Abstract

Land disputes are disputes that arise due to conflicts of interest over land. Land disputes cannot be avoided nowadays. This requires improvements in the field of planning and use of land for the welfare of society and most importantly legal certainty therein. The government has made various efforts to resolve land disputes quickly in order to avoid the accumulation of land disputes, which can be detrimental to the community because the land cannot be used because the land is in dispute1. Legal resolution efforts regarding land disputes or disputes are regulated in Presidential Decree no. 20/2015 concerning the National Land Agency (BPN) Article 3 points 3 and 4 states that the Head of BPN has the task of carrying out policies in the field of determining land rights, land registration and community empowerment as well as in the field of regulating, structuring and controlling land policy.
LEGAL PERSPECTIVE ON AGRARIAN CONFLICT IN INDUSTRIAL DEVELOPMENT IN INDONESIA Dikki Saputra Saragih; Micael Jeriko Damanik; Parlindungan Purba; Dewi Riama
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.24

Abstract

Government policy in the industrial sector is considered 'failed' in industrialization in Indonesia because it ignores the culture of innovation and resource potential. Both rely on human problems as the main foundation of life. Experience in many countries where the industrialization process has always been successful proves that they always prioritize humans as the source and goal of the creation of industry itself. On the other hand, the function of law as a medium for industrialization in Indonesia cannot foster a culture of innovation because it only serves industrialized economic activities. The idea proposed to improve this case is to use two pillars, namely innovation culture and social structure, as the basis for industrialization planning and the function or use of law in economic development in Indonesia.
ERADICATION OF CRIMINAL ACTS OF TERRORISM AND PROTECTION OF HUMAN RIGHTS IN INDONESIA Parlindungan Purba; Rolando Marpaung; Micael Jeriko Damanik; Hendrik Wahyu
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i1.26

Abstract

The Law on the Eradication of Terrorism Crime certainly implies the existence of coercive actions by the state against individuals or groups that commit acts of terror in Indonesia. There are allegations of actions that have the potential to violate Human Rights in the process of arrest and detention of individuals suspected of being terrorists. The intended action was allegedly carried out by law enforcement officers, especially in the practice of implementing Article 28 of the Law referred to in terms of regulating arrests and detentions that were not yet in line with respect and protection of human rights. This research is a descriptive analytical study that wants to describe what is legitimate or not a regulatory restriction of human rights, in the paradigm of "Principles of Provisions on the Restriction and Reduction of Human Rights in the International Covenant on Civil and Political Rights" by the state. Therefore, the government must take corrective measures in advance of law enforcement efforts to avoid any alleged human rights violations in the practices of arrest and detention. In addition, efforts to investigate, prosecute and examine the trial must be based on strong reasons in accordance with the existing procedures and oversight mechanisms.

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