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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 11 Documents
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Search results for , issue "Vol. 1 No. 4 (2023): December" : 11 Documents clear
REVIEW OF CRIMINAL LAW IN PROVIDING LEGAL PROTECTION TO CRIME VICTIMS IN THE JUSTICE SYSTEM CRIME IN INDONESIA Ilmuwani Lubis; Karolus Agung Dery Rianto; Irfan Rizky Pradya; Willy Novan Prakoso; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.16

Abstract

There is relatively little attention paid to victims of criminal acts as can be seen in the Criminal Code which only formulates the rights of victims of criminal acts in one article, namely Article 14 c paragraph (1) which regulates the right to compensation for victims of criminal acts of a criminal nature. civil. The Criminal Procedure Code also regulates the rights of victims of criminal acts in Articles 98-101, which regulates combining claims for compensation with criminal cases. In the practice of criminal justice in Indonesia, it can be said that almost no judges make decisions based on the articles mentioned above. The problem in this research is what is the position and role of victims of criminal acts in the criminal justice system in Indonesia; What is the criminal law policy through the responsibilities of the Criminal Justice apparatus in providing legal protection to victims of criminal acts in the criminal justice system in Indonesia; How to provide legal protection to victims of criminal acts in the criminal justice system in the future. This research uses a sociological juridical approach. This research is a type of research that combines a normative approach and a sociological approach. This means that in addition to studying the law in a theoretical context, we also see directly what is happening in society. The research results show that the right to protection and restoration of legal interests in the criminal justice process is as stated in Law Number 8 of 1981 concerning the Criminal Procedure Code and is also formulated morally in Declaration of Basic Principles of Justice for Victims of Crime and abuse of Power, which includes: ways to obtain justice and fair treatment, including, among other things, the right to a mechanism for obtaining justice; has the right to obtain compensation for the suffering he has suffered; It is possible to obtain compensation using formal procedures (law) or informally (by arbitration, customary practices or customary law), which are fast, honest, cheap and acceptable. However, in reality the victim does not get anything.
A RESTORATIVE JUSTICE APPROACH IN THE IMPLEMENTATION OF THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA Ahmad Novaisal; Ferry Irmawan; Riki Hamdani; Sony Prayudha Winata; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.17

Abstract

Since the enactment of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System in Indonesia, it is necessary to immediately provide outreach to Law Enforcement Officials (APH) who do not yet understand and know about the obligation to take a restorative justice approach in the implementation of the Juvenile Criminal Justice System. The norms governing the obligation to carry out a restorative justice approach in handling children in conflict with the law (ABH) are contained in article 5 paragraph 1 of the Juvenile Criminal Justice System Law and this law has also adopted the International Convention on the Rights of the Child (CRC) instrument which has been adopted. ratified by the government of the Republic of Indonesia with Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child (Convention on the Rights of the Child) in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are of course in line with the Constitution 1945 concerning the goals of the state, one of which is to realize social justice and promote general welfare. This restorative justice approach certainly has the same spirit as the ideological, political and socio-cultural values ​​of the Indonesian nation which prioritizes resolution through deliberation to reach consensus so that this restorative justice approach is also one of the legal reforms that further promotes the values ​​of local wisdom of the nation. Indonesia. The conceptual approach and the statutory approach are the approaches used in this research and maximize the implementation of the implementation of restorative justice in every handling of Children in Conflict with the Law (ABH) at every stage of the investigation, prosecution and trial process. Objectives The aim of the research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every handling of ABH.
POLITICAL LEGAL POLICY THROUGH THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN RENEWAL CRIMINAL LAW Heru Suhendro; Syaiful Asmi Hasibuan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.18

Abstract

Criminal law policy is one form of law, in terms of restorative justice it is an alternative for resolving cases outside of court (non-litigation). The aim of this research is to find legal political options in criminal law reform. Using a juridical approach using secondary data, it can be concluded that the legal politics of criminal law reform in Indonesia is currently still ongoing and is part of the development of the national legal system. The legal politics of developing a national legal system must be based on Pancasila as a guide and filtering tool for national legal politics and the 1945 Constitution as the basic law. One form of political reform of criminal law is to adopt the concept of restorative justice as an alternative mechanism for resolving legal problems that occur without using the judicial process. With this restorative justice approach, law enforcement from having always used a retributive (retaliation) approach has shifted to a restorative (recovery) approach. The concept of restorative justice can become a permanent legal policy in building the future national criminal law system.
THE USE OF TIKTOK AND SNACK VIDEO APPLICATIONS AGAINST STUDENT INCOME BASED ON JU'ALAH AKAD (Case Study Of Students Of The Faculty Of Economics And Business, Malikussaleh University) Nazli Hasan; Fuadi; Falahuddin; Arliansyah; Santriani Br Bancin
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.19

Abstract

This study examines the practice of using the TikTok application and video snacks for Malikussaleh University Faculty of Economics and Business students in generating income based on the Ju'alah contract. The population in this study are all active students of the Faculty of Economics and Business, Malikussaleh University from 2015-2022, with a total of 3,450 students, including 872 students (S1), 2,578 students (S1) with a sample size of 10 (Ten) respondents consisting of 6 (Six) users of the tiktok application and 4 (Four) users of the video snack application. With the research method in the form of a qualitative analysis method by conducting direct interviews with respondents to get answers to the problems studied. The results showed that there is a practice of using the TikTok and Snack Video applications in obtaining income for students of the Faculty of Economics and Business, Malikussaleh University which is in accordance with the provisions of the Ju'alah contract. where in this Tiktok and Snack Video application there are Ja "il parties (Tiktok and Snack Video developers) and Ma "jul lah parties (Tiktok and Snack Video users). In addition, in the Tiktok and Snack Video applications there is also an object of Ju'alah work, where the object of Ju'alah in the Tiktok and Snack Video applications is to download the Tiktok application, invite friends (new users) and watch videos. However, there are several things that must be considered that a person or new user who is invited is not under duress then also not under threat from the inviting user. Furthermore, videos or content viewed in the Tiktok application and video snacks must not contain things that violate Shari'a such as videos that have elements of immorality and others that are prohibited by Shari'a..
HOAX AS A CRIMINAL ACT THROUGH ELECTRONIC MEDIA HOW TO OVERCOME HOAXES IN SOCIETY WITH A LEGAL SOCIOLOGY APPROACH Rizky Amalia Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.20

Abstract

Hoax is a false notification in an attempt to deceive or influence readers or distributors to believe something, even though the news source used is fake and not circulating at all. This criminal act of hoax is regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning ITE, where the criminal sanctions are contained in Article 45 A paragraph 1 and/or paragraph 2. A legal sociology approach is also needed in dealing with this act. This hoax crime uses various legal sociological theories, one of which, for example, uses the theory of legal effectiveness which is considered to be able to minimize this crime.
SHARIA BANKING FINANCING INSTRUMENTS IN THE FORM OF DEBT FINANCING Asrat Nita Waty; Muhammad Yadi Harahap
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.21

Abstract

Instruments in sharia banking have many forms of contracts or financing that are used in sharia banking. Even though you have many contracts or types of financing, sharia banking must be based on sharia principles. Legally, sharia banking is regulated in Law Number 21 of 2008 concerning sharia banking. However, sharia banking must also refer to the Koran and hadith which are contained in the DSN-MUI fatwa. Murabahah contracts are used in sales and purchase principle products, contracts or sales and purchase agreements can technically be applied in the banking world, especially sharia banking. Murabahah financing almost dominates all forms of distribution of funds to sharia banks, in number, this gives the impression that all sharia bank fund distribution transactions are deliberately made murabahah, possibly to minimize the risks that will befall the bank in each distribution of funds. By utilizing the concept of a sale and purchase agreement, transactions in banking can be avoided from usury. Compared to other financing mechanisms, murabahah is the most profitable and carries the least risk for sharia banks.
THE ROLE OF ADMINISTRATIVE SANCTIONS IN ENVIRONMENTAL PROTECTION IN INDONESIA Rolando Marpaung; Dikki Saputra Saragih; Micael Jeriko Damanik; Putri Hutasoit
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.28

Abstract

This research aims to find out how administrative sanctions are applied in efforts to protect and manage the environment in Indonesia and what factors hinder the implementation of these sanctions. This research uses respectful legal research methods and achieves the following objectives: 1. Administrative sanctions in efforts to protect and manage the environment: written warnings, government coercion, freezing of environmental permits, revocation of environmental permits, and administrative fines imposed by the government without going through court proceedings against the perpetrators businesses or activities that violate environmental administration provisions. Administrative sanctions are used to prevent violations and enable the government to stop such violations and allow the government to stop such violations. 2. Legal regulations and law enforcement agencies prevent the application of administrative sanctions in efforts to protect and manage the environment. There are no guidelines for implementing administrative sanctions that regulate how fines are determined and how much fines are imposed for delays in implementing government coercion, so people are free to decide for themselves. This also applies to different law enforcement agencies that have the authority to apply administrative sanctions in environmental cases.
LEGAL ANALYSIS OF CHILD CUSTODY RIGHTS IN CASES OF DIVORCE Dikki Saputra Saragih; Rolando Marpaung; Malthus Hutagalung; Seni Fifi Meriani Zalukhu
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.30

Abstract

Child protection law No. 23 of 2020 article 14, which states that "Every child has the right to be raised by his own parents, unless there are valid reasons and/or legal regulations indicating that the separation is in the best interests of the child and is a consideration final". The aim of this research is to find out how child custody is determined after divorce. To find out what the judge considers in decisions regarding custody of minor children as a result of divorce. This type of research is qualitative descriptive research which aims to describe the characteristics of an individual, the condition of a particular symptom or group or to determine the distribution of a symptom or to determine whether there is a relationship between a symptom and other symptoms in society. Conclusion The determination of child custody as a result of divorce according to Presidential Instruction Number 1 of 1991, for children who are not yet adults or under 12 (twelve) years of age is the mother's right. Meanwhile, for adult children, it is up to the child to choose between his father and mother as the holder of his child's rights.
UNEMPLOYMENT IN JAMMU AND KASHMIR: A SOCIAL RESEARCH STUDY Mohd Arif Naikoo
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.70

Abstract

This research paper examines the issue of unemployment in Jammu and Kashmir, a region marked by political instability and economic challenges. The study aims to identify the causes, impacts, and potential solutions to the unemployment crisis. By employing both qualitative and quantitative research methods, this paper provides a comprehensive analysis of the current employment landscape, factors contributing to high unemployment rates, and the social and economic repercussions of joblessness in the region. Policy recommendations are also discussed to address the underlying issues and promote sustainable economic growth.
EDUCATIONAL PHILOSOPHY OF RABINDARNATH TAGORE WITH SPECIAL REFERENCE TO INTEGRAL EDUCATION Zahida Jan
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v1i4.71

Abstract

Rabindranath Tagore, a luminary in literature, art, and philosophy, revolutionized education with his holistic and integral approach. His educational philosophy emphasized the development of the entire personality, integrating intellectual, physical, emotional, and spiritual growth. Rejecting the rigid and oppressive colonial education system, Tagore envisioned an education that fostered creativity, freedom, and a deep connection with nature. This vision materialized in Shantiniketan, a school he founded in 1901, which later evolved into the Visva-Bharati University. Shantiniketan embodied Tagore's principles through its open-air classrooms, diverse curriculum, and integration of arts and culture, fostering a sense of community and collaborative learning. Tagore's ideas have had a lasting impact; influencing progressive educational practices in India and globally, emphasizing experiential learning, arts integration, and global citizenship. Despite criticisms regarding the practicality of his methods in contemporary systems focused on standardization, Tagore's emphasis on environmental harmony, emotional well-being, creativity, and cultural understanding remains profoundly relevant. His visionary approach offers valuable insights for creating more humane and enriching educational experiences, highlighting the transformative potential of holistic and integrative education.

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