Journal of International Islamic Law, Human Right and Public Policy
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
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<![CDATA[THE AUTHORITY OF THE ACEH GOVERNMENT IN THE FIELD OF MINERAL AND COAL MINING LICENSING IS BASED ON LAW NUMBER 11 OF 2006 CONCERNING ACEH GOVERNMENT ]]>
<![CDATA[Rahima Kamariah]]>;
<![CDATA[Ilyas Ismail]]>;
<![CDATA[Ria Fitri]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.66
<![CDATA[This research aims to explain the position of Aceh Province in the management of natural resources in the field of mineral and coal mining based on the specificities and privileges of Aceh, as well as to explain the authority of the central government in the field of mineral and coal mining as well as explain the authority of the Aceh government in terms of mineral and mining permits. coal in the Aceh Province area. This research is empirical legal research using a statutory approach and a legal sociology approach. The data sources used in this research are primary and secondary data using primary legal materials, secondary legal materials and tertiary legal materials, then the data obtained from both Secondary legal materials and tertiary legal materials will be analyzed. The results of the research show that the authority to manage mineral and coal mining in the Aceh Province area is managed by the Aceh government in accordance with statutory regulations, this authority is an attributive authority granted directly by Law Number 11 of 2006 concerning the Aceh Government, so that in terms of mineral mining and coal, the central government does not have full rights in controlling it because the central government's mining regulations exclude the Aceh government in its regulation, namely in article 137A of Law Number 3 of 2020 concerning amendments to Law Number 4 of 2009 concerning mineral and coal mining. The granting of special autonomy to Aceh, especially in the management of natural resources in the mineral and coal mining sector, has not been fully respected by the central government. It is recommended that the central government needs to pay attention to the authority possessed by the Aceh government as one of the special and special regions, as explained in the constitution that the Indonesian State recognizes and respects regional government units which are special and given special authority based on the principle of decentralization. , to create legal certainty in the management of mineral and coal mining in the special autonomous region of Aceh.]]>
<![CDATA[HISTORICAL LEGACY OF TOURISM IN KASHMIR VALLEY WITH SPECIAL REFERENCE TO DOGRA PERIOD ]]>
<![CDATA[Shabir Ahmad Lone]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.68
<![CDATA[This study delves into the historical backdrop of tourism in the Kashmir valley during the Dogra era. Despite Maharaja Gulab Singh establishing Dogra rule in 1846, little attention was given to promoting the tourism industry in Jammu and Kashmir until the establishment of the residency in 1885. It wasn't until the last two decades of the nineteenth century that Dogra rulers, in collaboration with British officials, initiated various measures to enhance tourism in Kashmir. This included improvements in communication, transportation, and infrastructure, along with the establishment of facilities to enhance air services for tourists.]]>
<![CDATA[LEGAL PROTECTION FOR PATIENTS WHO EXPERIENCE LOSSES IN THE FIELD OF SERVICES MEDICAL DENTAL REVIEWED FROM THE LAW CIVIL ]]>
<![CDATA[Irma Novianti]]>;
<![CDATA[Dahlan]]>;
<![CDATA[Tamaulina Br. Sembiring]]>;
<![CDATA[Sumarno]]>;
<![CDATA[Siti Nurhayati]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.69
<![CDATA[Health services for patients by dentists are a right regulated by Law Number 36 of 2009 which has been changed to Law Number 17 of 2023 concerning Health. Patient rights are contained in Article 276 of Law Number 17 of 2023 concerning Health which aims to provide legal protection for patients, which is respected and implemented by health workers. This research aims to find out the regulations for dental health services in Indonesia, find out the legal relationship between dentists and patients in dental health services within the scope of civil law, and find out the legal protection for patients who experience losses in the dental field. services in civil law matters. The research method used in this research is normative juridical. The type of data used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research show that legal regulations regarding dental health services in Indonesia have been regulated in Law Number 36 of 2009 article 58 which has been changed to Law Number 17 of 2023 concerning Health article 193 which regulates dentist services for patients, Ministerial Regulations Republic of Indonesia Health Number 1419/MENKES/PER/X/2005 concerning the Implementation of services provided in Doctor and Dentist Practices. and Minister of Health Regulation No. 20 of 2016 shows the authority to provide dental and oral health services. The legal relationship between dentists and patients in dental health services within the scope of civil law begins with a vertical paternalistic relationship pattern. The relationship between a patient and a doctor is considered an agreement known as a therapeutic transaction in accordance with Law Number 17 of 2023 concerning Health. Legal protection for patients who experience losses in the field of dental health services in terms of civil law is regulated in articles 1320, 1338, 1365, 1366, and 1367. The Civil Code provides protection for consumers in the sense of patients with the aim of protecting the interests of patients.]]>
<![CDATA[SIYASAH ANALYSIS OF APPLICATION LICENSING TIKTOK SHOP ACCORDING TO THE PERMENDAGRI NUMBER 31 OF 2023 ]]>
<![CDATA[Ahmad Sahdan Pasaribu]]>;
<![CDATA[Akmaluddin Syahputra]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.75
<![CDATA[This writing contains various forms of problems which are used as complaints experienced by several people regarding regulations or policies regarding transaction permits in the TikTok Shop social media application as the current digitalization of buying and selling. The formulation of the problem in this research is first how the provisions of Permedagri No. 31 of 2023 regarding the social media application TikTok Shop which facilitates payment transactions for consumers in commerce via electronic systems and secondly, what is the view of fiqh siyasah regarding the TikTok application which has facilitated payment transactions for consumers via electronic systems. The author uses a normative juridical approach to show that written regulations are in the form of laws. Research must be based on data or correspondence that supports research to be more systematic and not just engineering in research. And it is more accurate that research is carried out carefully and with full consideration in achieving a goal in the research.]]>
<![CDATA[ANALYSIS OF LEGAL SCIENCE'S VIEWS ON THE OBLIGATION OF COMMUNITY GARDEN DEVELOPMENT (PLASMA GARDEN) IN PLANTATION COMPANIES AS A MANDATE OF THE PRINCIPAL AGRARIAN LAW ]]>
<![CDATA[Juda Deo Silitonga]]>;
<![CDATA[Maria Kaban]]>;
<![CDATA[Rosnidar Sembiring]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.76
<![CDATA[The obligation to provide plasma plantations is also one of the requirements for obtaining land rights in the form of Cultivation Rights (HGU) by the Company, as stipulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia No. 7 of 2017 concerning Regulations and Procedures for Determining Cultivation Rights, which in Article 40 letter (k) and Article 41 states: "One of the obligations of HGU Holders is to Facilitate the development of local community gardens of at least 20% (twenty percent) of the land area The HGU application for the surrounding community is in the form of a partnership (plasma) in accordance with the business activity permit from the competent technical agency, and the application for partnership (plasma) land rights is submitted simultaneously with the company's HGU application." To achieve one of the goals of the Republic of Indonesia as stated in paragraph IV of the preamble to the 1945 Constitution of the Republic of Indonesia, namely to advance general welfare, the abundance of palm oil production must be utilized as much as possible for national development strategies, this is carried out from various functions related to economics, ecology and socio-culture. Regulations related to the obligation to facilitate the development of plasma plantations have been amended through Law no. 11 of 2020 concerning Job Creation as amended by Government Regulation in Lieu of Law No. 2 of 2022 which was promulgated through Law no. 6 of 2023 has been adjusted and regulated in more detail in its derivative regulations, namely Government Regulation no. 26 of 2021 concerning the Implementation of the Agricultural Sector and Minister of Agriculture Regulation No. 18 of 2021 concerning Facilitation of the Development of Gardens in Surrounding Communities.]]>
<![CDATA[LEGAL PROTECTION OF PUBLIC INVESTORS WHO CONDUCT STOCK SPLIT BASED ON POJK NUMBER 15/POJK.04/2022 ]]>
<![CDATA[Obaja Capandi Saut Horas Sinaga]]>;
<![CDATA[Sunarmi]]>;
<![CDATA[Robert]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.77
<![CDATA[Legal Protection for Public Investors Carrying out Stock Splits Based on POJK Number 15/POJK.04/2022. In the capital market, public investors play an important role in providing funds for companies listed on the stock exchange. One strategy often used by companies to increase the liquidity of their shares is a stock split. However, stock splits also have risks for public investors. Therefore, adequate legal protection is needed for public investors who carry out stock splits. This research aims to analyze legal protection for public investors who carry out stock splits based on Financial Services Authority Regulation (POJK) Number 15/POJK.04/2022. The research method used is a normative juridical method with a statutory approach and case analysis. The research results show that POJK Number 15/POJK.04/2022 has provided sufficient legal protection for public investors. This protection includes the company's obligation to provide transparent and accurate information regarding the stock split, including the reasons and impact on share prices. Apart from that, POJK also regulates sanctions for companies that violate these provisions. However, this research also found that there are several weaknesses in the implementation of this regulation, such as a lack of supervision and strict law enforcement against companies that commit violations. Therefore, efforts are needed to increase supervision and law enforcement by the Financial Services Authority (OJK) to ensure effective legal protection for public investors. Thus, it is hoped that this research can contribute to improving legal protection for public investors who carry out stock splits, as well as providing input for the OJK in formulating better policies in the future.]]>
<![CDATA[ENFORCEMENT OF CRIMINAL LAWS AGAINST USERS AND PROVIDERS OF PROSTITUTION SERVICES IS SEEN FROM SEVERAL STATE COURT RULING ]]>
<![CDATA[Aldri]]>;
<![CDATA[Ediwarman]]>;
<![CDATA[Mahmud Mulyadi]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.78
<![CDATA[Prostitution or prostitution is one of the many disgraceful acts. This act is considered to be contrary to the values that grow in society because it is not in line with religious provisions and community customs. The research method used in this research is normative legal research. Normative legal research is legal research that uses secondary data sources. The results of this research are: there are no regulations governing the crime of prostitution in Indonesia, the factors that influence users and providers of prostitution services can come from themselves or the influence of the environment and criminal law policies regarding criminal liability for providers and users of prostitution services. It should be reformulated because it is not in accordance with society's values and can have negative effects on health.]]>
<![CDATA[DOUBLE TRACK SANCTION SYSTEM FOR MISUSE OF CLASS I NON-PLANTS NARCOTICS ]]>
<![CDATA[Geovanni Villarba Gamas]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.79
<![CDATA[This article is entitled "Double Track Sanction System Against Narcotics Abuse Class I Not Plants". The thesis with this title aims to know and examine the double track sanction system against narcotics abuse class I not plants and the legal politics of the double track sanction system against narcotics abuse class I not plants. This research is a normative research with a legal political approach. The data source is secondary data consisting of primary legal materials and secondary legal materials. The data collection method uses a literature study. Primary legal materials and secondary legal materials are analyzed using legal analysis methods. The thinking process used to draw conclusions, namely the deductive thinking process. The role of the double track sanction system for the abuse of narcotics class I is not a plant, especially we find in Law Number 35 of 2009 concerning Narcotics and Law Number 1 of 2023 concerning the Criminal Code. There are differences in the regulation of the double track system because there are differences in the concept of the system in the Law governing this matter. The double track system in Indonesia should be developed to provide alternative punishment for drug abusers. The renewal of the Double Track System arrangement can be done by considering the legal system and legal principles applicable in Indonesia. This will enable the creation of legal certainty and provide justice for victims of drug abusers.]]>
<![CDATA[LEGAL DEVELOPMENT CONCEPT STRATEGY AND ITS ROLE IN THE MARKET ECONOMIC SYSTEM ]]>
<![CDATA[Imelda Mardayanti]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i2.93
<![CDATA[This study addresses the following questions: 1) Is the market economy system working well; and 2) What is the role of law in a market economy and what does pro-market legal development look like? This research is intended to collect secondary data through a literature search of legal materials relevant to legal and economic theories, which is currently conducted using qualitative analysis. This research was conducted using the juridical-normative method and with an analytical descriptive approach. Furthermore, this research comes to the conclusion that a market economy is an economy in which people are free to pursue the highest possible financial gain. Since people are the focus of all economic systems, the government has no function in the economy. However, the government, which in this case serves to regulate laws, is necessary for the market economy to function properly. Without this, the market economy will contract. Without the help of laws, especially economic laws, the market economic system can never function properly to generate wealth and prosperity.]]>
