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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. 2 No. 1 (2024): March" : 9 Documents clear
ETHICAL IMPLICATIONS OF THE ADVOCATE PROFESSION IN LAW ENFORCEMENT IN INDONESIA Rolando Marpaung; Micael Jeriko Damanik; Dikki Saputra Saragih; Sherhan; Desniar Dachi
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.31

Abstract

A code of ethics is the implementation of guidelines or guidelines for behavior that have been outlined by a professional code of ethics. The purpose of this research is to find out the role of legal professional ethics in law enforcement efforts in Indonesia. To find out what the function of the Indonesian Advocate Code of Ethics is for advocates in carrying out their profession. This type of research is normative juridical legal research. Normative juridical legal research is research that conceptualizes law as what is written in statutory regulations or laws as rules or norms which are benchmarks for human behavior that is considered appropriate. Conclusion The code of ethics for the legal profession plays a very important role for Advocates in law enforcement. Ethics is essentially a view of life and guidelines on how people should behave.
APPLICATION OF ANTIMONOPOLY LAWS AND ITS INFLUENCE ON BUSINESS COMPETITION IN THE DIGITAL MARKET Heri Enjang Syahputra; Rolando Marpaung; Roberto Roy Purba; Parlindungan Purba; Iman Sejati Zendrato
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.32

Abstract

Law Number 5 of 1999 states the definition of monopoly, namely a form of control over the production and/or marketing of goods and/or use of certain services by one actor or one group of business actors. What is meant by business actor is every individual or business entity, whether in the form of a legal entity or non-legal entity which is established and domiciled or carries out activities within the jurisdiction of the Republic of Indonesia, either individually or jointly through an agreement, carrying out various business activities. in the field of economics. The aim of this research is to find out how the law applies to monopolies and its impact on business competition in the digital market. To find out the sanctions applied to business monopolists in the digital market and to find out what are the solutions to prevent business competition in the digital market. The data analysis method used in this research is quantitative analysis. The approach in this research is carried out by examining legal sources from conditions that occur in society that has entered the digital economic era. Research development was carried out in the era of regulations governing business competition that were in effect in Indonesia, and also the policy stakeholders involved in this implementation. Conclusion: The application of anti-monopoly law and its impact on business competition in the digital market is that competition in the business world is an absolute requirement or imperative for the implementation of a market economy. Therefore, the KPPU is aware of the importance of law enforcement in the digital economy era. KPPU is an independent body that cannot be influenced by any party, the Government or other parties who have a conflict of interest, in processing, deciding or investigating a case.
LEGAL PROTECTION FOR PRISONERS IN ILLNESS WHO REQUIRE HOSPITAL TREATMENT Riza Wira Pratiwi Lumbantoruan; Henry Aspan; Siti Nurhayati
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.43

Abstract

Indonesia has ratified the Convention Against torture and other cruel, inhuman or degrading treatment or punishment (adopted and opened for signature and accession by General Assembly Resolution 39/46 of 10 December 1984 into Law Number 5 of 1998 which came into effect on 28 September 1998 . The Convention relates to the promotion and protection of the rights of prisoners which are accommodated in the prohibition of torture and other treatment or punishment that is cruel, inhuman and degrading to human dignity. Suspects who are detained and experiencing health problems, it is in the interests of investigative examinations and for the smooth running of examination of suspects requires treatment. In Indonesia, regulations regarding the rights of prisoners in the health sector are contained in several laws, including based on the decision of the Minister of Justice of the Republic of Indonesia No. 1995 concerning Corrections, Government Regulation Number 32 of 1999 concerning Requirements and Procedures for Implementing the Rights of Inmates. Health services for prisoner patients are carried out in a promotive, preventive, curative and rehabilitative manner, the implementation of which is currently not yet running optimally, this is indicated by the fact that health services for prisoners have not been carried out on a scale, integrated, integrated and sustainable basis. The implementation of care for prisoners in sick conditions who require hospital treatment will run well if in the system of fulfilling the rights of prisoners they are positioned not only as objects of detention, but also as active participants. In this case, prisoners themselves also determine the implementation of their rights.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN THE PUNISHMENT OF CORRUPTION CRIMES IN INDONESIA Zufarnesia; Yasmira Mandasari Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.44

Abstract

Indonesia is a rule of law country where one of the basic objectives of eradicating criminal acts of corruption in Indonesia is to restore state losses. However, the retributive justice paradigm which is the legal basis for eradicating criminal acts of corruption and punishing perpetrators of corruption is not relevant to the main goal of the law of eradicating corruption in Indonesia. What is actually important in the spirit of eradicating corruption is that returning state losses is only an additional penalty which can also be replaced by imprisonment. This article is intended to examine the concept of criminal punishment for perpetrators of criminal acts of corruption that is relevant to be implemented in Indonesia in accordance with what is required by law by taking into account developments in the life of the nation and state today. The study focuses on deepening collaboration on the concept of restorative justice to maximize returns to state finances in punishing perpetrators of corruption in Indonesia. By using normative juridical research methods, this study concludes that the concept of restorative justice in punishing perpetrators of criminal acts of corruption can be implemented in the form of strengthening norms for returning state losses from being an additional crime to being a basic crime. To anticipate that the perpetrator will not be able to pay the losses, the concept of forced labor can be applied instead of imprisoning the perpetrator of a criminal act of corruption.
CRIMINAL LAW ARRANGEMENTS AGAINST JUSTICE COLLABORATORS IN CORRUPTION CRIMES IN INDONESIA Heru Suhendro; Yasmira Mandasari Saragih
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.45

Abstract

In various countries, the form of legal protection for Justice Collaborators and Westleblowers is different. Legal protection for Justice Collaborators was first known in Italy, at that time a member of the Italian mafia, Joseph Valachi, testified about the crimes committed by his group, then followed in America and Australia with legal protection. Meanwhile, in Indonesia, regulations regarding the actions of a Justice Collaborator or Westleblower are regulated in joint regulations with law enforcement officials and circulars from the Supreme Court. In giving testimony, Justice Collaborators are generally motivated by reducing their prison term or from their heart they really want to repent. However, in testimony, sometimes a Justice Collaborator is disturbed or obstructed by fellow colleagues who have committed a crime, and this is something that needs to be regulated by every country in the world so that the dismantling of a criminal case can run optimally. In responding to corruption cases, countries in the world have responded with various regulations so that they can have a deterrent effect on perpetrators of these crimes, they have also included regulations regarding Westleblowers and Justice Collaborators in their country's laws. However, in Indonesia the rules regarding witnesses, perpetrators and reporters are only regulated in the 2011 Supreme Court circular and joint regulations with law enforcement officials and the LPSK. It is appropriate that regulations regarding protection for reporting witnesses and cooperating perpetrator witnesses be included in our country's laws, so that the brave mentality of these witnesses can continue.
EQUALITY BEFORE THE LAW: A CRITICAL REVIEW OF LEGAL IMPLEMENTATION IN INDONESIA Henry Aspan; Agus Adhari; Ansori Maulana
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.46

Abstract

Criminal Law is part of the national legal system that has been in effect since independence until now. The implementation of criminal law experiences ups and downs along with the development of society and even becomes a sharp focus when it has not provided justice and prosperity and is still considered an instrument of power to protect state administrators and a weapon for ordinary people when fighting criminal law. country. The implementation of criminal law in Indonesia aims to provide protection, peace, order and legal certainty to the community. Although there are objectives that provide protection, especially personal or individual interests in exercising the rights of citizens. Meanwhile, the purpose of this writing is to provide an understanding that Criminal Law is a chain of laws and regulations that apply in Indonesia and its content focuses on the Criminal Code and Criminal Procedure which reaches all levels of society.
THE ROLE OF THE UNITED NATIONS CHILDREN'S FUNDS (UNICEF) IN HANDLING ROHINGYA CHILDREN REFUGEES IN BANGLADESH 2016-2018 Anne F. Damanik
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.47

Abstract

Currently, there are still many countries that are still living closely together with conflicts that have not been resolved day by day. The world is still mourning the many conflicts that occur due to political, economic, socio-cultural problems and ethnic, religious and racial differences.The United Nations Children's Fund (UNICEF) is an organization formed by the United Nations (UN) under the UN General Assembly. The UN has a system known as "The United Nations Family", consisting of the UN itself which is the parent organization and within which there are many funding programs and affiliated special institutions. UNICEF carries out its duties in protecting the rights of Rohingya children working on the basis of cooperation with the Government of Bangladesh. Through the existing division of labor, UNICEF's role is as an instrument to collect and distribute aid funds coming from various circles in the world to Rohingya children in Bangladesh as well as providing information and fundraising promotions for Rohingya refugee children in Bangladesh. UNICEF established its first office in Bangkok with responsibility for East Pakistan. Then in 1950 UNICEF opened its first office in Dhaka with two professional staff and a driver. Since then UNICEF has started collaborating with the Health Secretariat for tuberculosis (smallpox), smallpox, malaria and cholera. This collaboration serves to develop maternal and child health services as well as training for better health service provision in Bangladesh. This program includes the provision of latrines, increasing the supply of clean water and support for various initiative activities in the areas of education, training and livelihood development. And this program ended in 1970.
CONSUMER PROTECTION REGARDING ONLINE LOAN CARTELS IBNU TAIMIYAH'S PERSPECTIVE Hafiza Husna Ayub; Tetty Marlina Tarigan
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.48

Abstract

The main problem and research is consumer protection in fintech agreements (online loans) viewed from the perspective of Ibnu Taimiyah and positive law, namely based on POJK, and looking at the extent to which consumer protection has been regulated in Islamic law and positive law. The type of research in writing this thesis uses normative legal research, with a qualitative approach and the data sources used are primary data sources and secondary data sources with data collection techniques in the form of library studies. From the research conducted by the author, it can be concluded thatIbnu Tamiyah's perspective on consumer protection regarding online loan cartels highlights the importance of justice, equality and rejection of exploitation in economic transactions. Through Islamic moral and ethical principles, Ibnu Tamiyah emphasized the need to ensure that business practices do not harm or exploit consumers, and that all parties involved in economic transactions have equal and fair access. Consumer protection from Ibnu Tamiyah's perspective also emphasizes the importance of complying with applicable laws and increasing consumer education and awareness about their rights.Existing fintech (online loan) agreements have not been able to fully protect consumer rights and obligations in accordance with existing legal regulations such as the MUI DSN Fatwa Number 117. Because currently only one regulation for sharia fintech has been used as a source. The main law is the MUI DSN Fatwa Number 117 of 2018 concerning Information Technology-Based Financing Services Based on Sharia Principles. Meanwhile, consumer protection in positive law is based on POJK Number 77 of 2016 and POJK Number 13 of 2018. The author found the fact that the OJK Regulation on Consumer Protection in the financial services sector actually provides protection and in it guarantees order, certainty and justice for consumers, but POJK only regulates one aspects of the online loan agreement, namely conventional online loans.
IMPLEMENTATION OF ONLINE TRIALS IN NARCOTICS CRIME NUMBER 112/PID.SUS/2022/PN.BNJ (CASE STUDY IN THE BINJAI STATE COURT) Rizal Efendi Harahap; Yasmira Mandasari Saragih; Rahmayanti
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.49

Abstract

The Covid-19 pandemic has forced the Indonesian Supreme Court to formulate formal juridical rules for online trials regarding social distancing. However, the legal basis and legal strength of decisions carried out online are still debatable, plus there are several obstacles and obstacles in their implementation. This research uses an empirical normative approach, namely direct research in the field (field resources) by exploiting materials.law.primary, namely Court Decisions, Interviews and Observations are also materials..secondary in the form of books, papers and journals. Next, it is analyzed by examining the data collected from the case study study and synchronizing it with the results of the study of statutory regulations.Online trial for registered narcotics criminal cases112/ Pid.Sus/2022/PN.Bnj is formally implemented based on PERMA RI No. 4 of 2020 jo. PERMA RI No. 8 of 2022, the implementation of which experienced several obstacles, specifically in the form of the video teleconference network (via zoom) being disconnected or disrupted. Then, inadequate supporting facilities such as hardware, internet network and electricity can go out at any time, disrupting the online trial process. It is hoped that the research can contribute ideas to practitioners and academics, especially to the legislature and judiciary so that improvements in the implementation of online trials in Indonesia can take place.

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