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
Articles
118 Documents
<![CDATA[SHARIA BANKING FINANCING INSTRUMENTS IN THE FORM OF DEBT FINANCING ]]>
<![CDATA[Asrat Nita Waty]]>;
<![CDATA[Muhammad Yadi Harahap]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v1i4.21
<![CDATA[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.]]>
<![CDATA[LEGAL PROTECTION FOR COPYRIGHT WORKS OF ART IN THE DIGITAL ERA IN INDONESIA ]]>
<![CDATA[Micael Jeriko Damanik]]>;
<![CDATA[Rolando Marpaung]]>;
<![CDATA[Dikki Saputra Saragih]]>;
<![CDATA[Parlindungan Purba]]>;
<![CDATA[Lidya Lase]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v1i1.22
<![CDATA[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]]>
<![CDATA[JURIDICAL REVIEW OF THE IMPLEMENTATION OF THE PRINCIPLES OF JUSTICE IN JUDGES' DECISIONS IN LAND DISPUTE CASES ]]>
<![CDATA[Rolando Marpaung]]>;
<![CDATA[Micael Jeriko Damanik]]>;
<![CDATA[Parlindungan Purba]]>;
<![CDATA[Elfrida Feronika]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v1i1.23
<![CDATA[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.]]>
<![CDATA[LEGAL PERSPECTIVE ON AGRARIAN CONFLICT IN INDUSTRIAL DEVELOPMENT IN INDONESIA ]]>
<![CDATA[Dikki Saputra Saragih]]>;
<![CDATA[Micael Jeriko Damanik]]>;
<![CDATA[Parlindungan Purba]]>;
<![CDATA[Dewi Riama]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v1i1.24
<![CDATA[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.]]>
<![CDATA[ERADICATION OF CRIMINAL ACTS OF TERRORISM AND PROTECTION OF HUMAN RIGHTS IN INDONESIA ]]>
<![CDATA[Parlindungan Purba]]>;
<![CDATA[Rolando Marpaung]]>;
<![CDATA[Micael Jeriko Damanik]]>;
<![CDATA[Hendrik Wahyu]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v1i1.26
<![CDATA[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.]]>
<![CDATA[APPLICATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR) PRINCIPLES IN BUSINESS PRACTICES IN INDONESIA ]]>
<![CDATA[Parlindungan Purba]]>;
<![CDATA[Micael Jeriko Damanik]]>;
<![CDATA[Dikki Saputra Saragih]]>;
<![CDATA[Finceria Trikasari Lawolo]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 2 (2023): June ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v1i2.27
<![CDATA[The application of criminal sanctions to the implementation of corporate social responsibility (CSR) is an important issue in company law. There is a lack of harmony between the regulations governing CSR, such as the Monetary Regulations, the Law on Social and Ecological Obligations of Limited Liability Organizations, and the Regulation on Risk-Limited Organizations. Although these guidelines set out social and ecological obligations for organizations, there is a lack of clarity in determining the types of sanctions that can be applied for violations of CSR commitments. The importance of approval of CSR continues to be linked to the quality of CSR practices. As a legal consequence, permits can be used as a tool to enforce CSR commitments. However, the lack of clarity in the approval guidelines causes confusion in the implementation of sanctions, including criminal sanctions. Therefore, it is necessary to consider revisions in the legislation governing CSR to avoid inconsistency and ambiguity in the implementation of CSR sanctions.]]>
<![CDATA[THE ROLE OF ADMINISTRATIVE SANCTIONS IN ENVIRONMENTAL PROTECTION IN INDONESIA ]]>
<![CDATA[Rolando Marpaung]]>;
<![CDATA[Dikki Saputra Saragih]]>;
<![CDATA[Micael Jeriko Damanik]]>;
<![CDATA[Putri Hutasoit]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v1i4.28
<![CDATA[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.]]>
<![CDATA[LEGAL ANALYSIS OF CHILD CUSTODY RIGHTS IN CASES OF DIVORCE ]]>
<![CDATA[Dikki Saputra Saragih]]>;
<![CDATA[Rolando Marpaung]]>;
<![CDATA[Malthus Hutagalung]]>;
<![CDATA[Seni Fifi Meriani Zalukhu]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v1i4.30
<![CDATA[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.]]>
<![CDATA[ETHICAL IMPLICATIONS OF THE ADVOCATE PROFESSION IN LAW ENFORCEMENT IN INDONESIA ]]>
<![CDATA[Rolando Marpaung]]>;
<![CDATA[Micael Jeriko Damanik]]>;
<![CDATA[Dikki Saputra Saragih]]>;
<![CDATA[Sherhan]]>;
<![CDATA[Desniar Dachi]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i1.31
<![CDATA[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.]]>
<![CDATA[APPLICATION OF ANTIMONOPOLY LAWS AND ITS INFLUENCE ON BUSINESS COMPETITION IN THE DIGITAL MARKET ]]>
<![CDATA[Heri Enjang Syahputra]]>;
<![CDATA[Rolando Marpaung]]>;
<![CDATA[Roberto Roy Purba]]>;
<![CDATA[Parlindungan Purba]]>;
<![CDATA[Iman Sejati Zendrato]]>
<![CDATA[ Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March ]]>
Publisher : <![CDATA[PT. Radja Intercontinental Publishing ]]>
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DOI: 10.59733/jishup.v2i1.32
<![CDATA[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.]]>
