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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 147 Documents
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LEGAL PROTECTION FOR NURSES AS HEALTH WORKERS WHO COMMIT MALPRACTICE CRIMES Sry Ningsih Saragih; Muhammad Arif Sahlepi; Abdul Rahman Maulana Siregar
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.101

Abstract

This study examines how legal protection for health workers nurses who commit malpractice in hospitals. Nurses are the most important human resources in hospitals because in addition to their dominant number reaching 55-65%, nurses are also a profession that provides constant and continuous services for 24 hours to patients every day. The nursing profession often comes into contact with legal problems, such as malpractice lawsuits as a result of errors and negligence made, or if the patient's expectations of the nurse do not match reality. So in providing health services, a nurse must comply with professional ethics (professional code of ethics) and also comply with applicable laws, regulations and legislation. This study aims to determine the legal regulations for nurses as health workers who commit malpractice and how their legal protection is. This study was conducted using a qualitative method with a normative juridical approach, examining laws, books, journals and articles that discuss the protection of health workers. The results of this study show that nurses as health workers carry out their health services as regulated in Law No. 17 of 2023 concerning Health and comply with Law No. 11 of 2020 concerning Job Creation and receive legal protection as stated in Law No. 17 of 2023 concerning Health, Article 3 (h), Article 12 (d), Article 193 and Article 273.
IMPLEMENTATION OF TEBING TINGGI CITY REGIONAL REGULATION NUMBER 01 OF 2020 CONCERNING REGIONAL TAXES (SPECIFICALLY ON TEBING TINGGI CITY ENTERTAINMENT TAX) Aidhil Rahmad Dalimunthe; Subhihar; Heri Kusmanto
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.102

Abstract

National development in Indonesia is carried out by adhering to the principle of regional autonomy. Regional autonomy allows local governments to regulate all regional interests, one of which is related to regional development financing. The main source of regional financing comes from Regional Original Revenue (PAD). The largest PAD revenue comes from regional taxes. The regional tax revenue target is determined by the Regional Financial and Revenue Management Agency (BPKPD). However, in the period 2021-2023, the effectiveness of entertainment tax revenue in Tebing Tinggi City is below 50%. This study aims to analyze the implementation and inhibiting factors for the implementation of Tebing Tinggi City Regional Regulation Number 01 of 2020 concerning Regional Taxes in optimizing the entertainment tax of Tebing Tinggi City. The research method used was qualitative descriptive and data was collected through interviews and documentation with a total of 14 informants. The results of the study show that: (1) The implementation is carried out quite well but is still not optimal due to the emergence of inhibiting factors from the BPKPD and entertainment taxpayers; (2) Factors inhibiting the implementation include the slow issuance of SPTPD, the inadequate number of officers, the different locations of registration with tax payments, the lack of information dissemination, the lack of facilities and infrastructure, and the lack of understanding of taxpayers.
CRIMINAL POLICY IN EFFORTS TO OVERCOME NARCOTICS CRIME DURING THE COVID 19 PANDEMIC (A STUDY AT THE BNN OF KABUPATEN TAPANULI SELATAN) Priangga Yoena Mustafa Kamal Hutabarat; Alvi Syahrin; Edi Yunara
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.103

Abstract

Narcotics are not something foreign to us, in recent years, Indonesia has not only been a transit and destination for narcotics trafficking, but is a strategic area and has great potential in producing narcotics. Abuse of narcotics and dangerous drugs has reached a concerning state so that it has become a national problem in Indonesia, especially in South Tapanuli Regency. Narcotics abuse in South Tapanuli Regency has increased, especially during the Covid-19 pandemic which has caused unrest in society, Indonesian society is currently not only fighting the Covid-19 pandemic, but also fighting against narcotics crimes. The type of research used in this thesis research is empirical legal research. research in writing this thesis is descriptive analytical using 5 (five) approaches, namely the legislative approach, case approach, comparative approach, conceptual approach and historical approach. The data sources for this research come from secondary data obtained from library materials and primary data obtained from interviews. in collecting data, researchers do it with literature studies and field studies. data collection tools used in the form of document studies and interview guidelines. The collected data will then be processed using qualitative data analysis, namely by means of all data collected from primary legal materials and secondary materials. The Criminal Policy carried out by the National Narcotics Agency of South Tapanuli Regency in overcoming Drug Abuse during the Covid-19 pandemic is carried out through non-penal and Penal Efforts. In the implementation of Non-penal Efforts, the Soft Power Approach strategy is carried out as an Effort to Prevent Drug Abuse through Drug-Clean Village activities, Anti-Drug Family Resilience Activities and Drug Danger Counseling activities in the Community. The implementation of Penal Efforts is carried out using the Hard Power Approach through strict and measured Law Enforcement in handling drug syndicates, Implementation of Law Enforcement for Case Disclosure, Routine Patrols and Raids in collaboration with Legal Institutions.
RESPONSIBILITIES AND AUTHORITY OF THE PIONEER OFFICERS AND THE PORT AUTHORITY MASTER'S OFFICE IN ENSURING SHIPPING SAFETY AND SECURITY BASED ON LAW NUMBER 17 OF 2008 CONCERNING SHIPPING IN BELAWAN PORT Riza Firdaus; Dahlan; Henry Aspan
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.104

Abstract

KSOP has considerable authority in carrying out the function of shipping safety and security including supervising ship pilotage and towing activities in port waters and shipping lanes as stated in Article 207 & 208 paragraph 1, Law 17 of 2008. In carrying out its duties, namely providing instructions and information needed by the Captain or ship leader and assisting in the movement of the ship from the outer threshold/anchorage area to move in/out of Belawan Port, the Pilot Officer is guided by the laws and regulations governing shipping and KSOP as a pilotage supervisor. How is the implementation of the responsibilities and authorities of the Pilot Officer and KSOP in ensuring shipping safety and security at Belawan Port? What are the sanctions given by the Main KSOP Belawan to Pilot Officers who are negligent in carrying out their duties resulting in ship accidents? The research method used in this study is empirical legal research. The research was conducted by examining primary and secondary data in the form of interviews, direct observations in the field, library materials, primary legal materials, secondary and tertiary legal materials. Based on all the data obtained, it is then processed systematically and qualitatively to produce descriptive analytical writing. In this case, the researcher conducted an empirical legal study to see the responsibility and authority of the Pilot Officer and KSOP in ensuring the safety and security of shipping at Belawan Port which is implemented through the Shipping Law & Derivative Regulations governing Ship Pilotage and Delay, where in its implementation the sanctions given by the Pilotage Supervisor (KSOP) do they have a deterrent effect on the professionalism of the Pilot Officer in carrying out their duties.
UNDERSTANDING THE FRAMEWORK OF THE ANTYODAYA PLAN Shabir Ahmad Lone; Sarfaraz Ahmad Rather
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.105

Abstract

Over 50,000 villages across the country have adopted Mission Antyodaya, which has had a significant positive impact on poverty reduction, improved access to key services, and promoted equitable growth. However, the effort faces a number of challenges, including a lack of adequate funding, ineffective monitoring methods, and hostility from well-established power structures. These challenges must be addressed in order for the program to be successful and to ensure that the most marginalised people in society benefit from development.
MARTAND SUN TEMPLE OF KASHMIR VALLEY THROUGH THE AGES Shabir Ahmad Lone; Prince Raina; Mohammad Ishaq Lone; E. Ravi
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i3.106

Abstract

A Hindu temple devoted to Surya, the Martand Sun Temple (also called Pandou Laidan) dates back to the eighth century. Its building was ordered by the third Karkota Dynasty emperor, Lalitaditya Muktapida. Unfortunately, Sikandar Shah Miri, the Muslim monarch, demolished it, and it is now in ruins. The temple, located in Jammu and Kashmir five miles from Anantnag, had a fusion of Chinese, Gandharan, and Gupta architectural styles. It is known as Kartanda (Sun Temple) and is a centrally protected monument. The author draws attention to the remnants of the Kashmir Valley's Martand Sun Temple.
ANALYSIS OF THE JUDGE'S LEGAL CONSIDERATIONS ON THE TRADEMARK DISPUTE BETWEEN HONGYUNHONGHE TOBACCO (GROUP)Co. Ltd AND PT SUMATRA TOBACCO TRADING COMPANY (STUDY OF SUPREME COURT DECISION NUMBER 76 K/Pdt.Sus-HKI/2024) Firman Simarmata; OK. Saidin; Rosnidar Sembiring
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.107

Abstract

This study examines the legal considerations of the judges in resolving trademark disputes between Hongyunhonghe Tobacco (Group) Co. Ltd and PT Sumatra Tobacco Trading Company. The focus lies on the Supreme Court decision Number 76 K/Pdt.Sus-HKI/2024, which serves as a significant precedent in intellectual property rights law in Indonesia. The research aims to evaluate the legal protection provided for registered trademarks and analyze the dispute resolution mechanisms implemented in Indonesia, including the rationale behind the Supreme Court's decision. Using a normative legal research method, this study investigates primary and secondary legal sources to draw conclusions. The findings highlight that the proper registration and active use of trademarks are crucial in asserting ownership and protecting market rights. Furthermore, the court's decision reflects a strict application of the Trademark Law (Law Number 20 of 2016), emphasizing fairness for genuine trademark holders. This research contributes to understanding how trademark disputes are handled and offers insights into strengthening legal frameworks for trademark protection in Indonesia.
LEGAL ANALYSIS OF WIFE'S INHERITANCE RIGHTS TO HUSBAND'S PROPERTY IN ISLAMIC INHERITANCE LAW (STUDY OF DECISION NUMBER 2563/PDT.G/2023/PA.Mdn) Muhammad Yaasir Syauqii Pohan; Hasim Purba; Utary Maharany Barus
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.109

Abstract

This study aims to analyze the legal position of the wife regarding the husband's inherited property from the perspective of Islamic inheritance law, with a case study on Decision Number 2563/Pdt.G/2023/PA.Mdn. The focus of this study is to examine how Islamic inheritance law regulates the wife's rights to the husband's inherited property after the husband dies, and how religious courts apply these legal provisions in resolving inheritance disputes. The research method used is normative juridical with a case approach. The data analyzed include primary legal materials in the form of the Qur'an, Hadith, and related laws and regulations, as well as secondary legal materials in the form of Islamic legal literature and expert doctrines. In addition, this study also examines court decision documents to understand the legal considerations used by the panel of judges. The results of the study show that in Islamic inheritance law, the wife has the right to a certain portion of the husband's inheritance, which is specifically regulated in the Qur'an, Surah An-Nisa verse 12. However, the husband's inherited property that is not included in the category of joint property remains part of the inheritance that must be divided according to the provisions of faraidh law. In Decision Number 2563/Pdt.G/2023/PA.Mdn, the panel of judges decided that the wife is entitled to a portion according to the provisions of faraidh, while still considering the status of the property as inherited property that is not mixed with joint property. This study provides an important contribution in strengthening the understanding of the application of Islamic inheritance law in Indonesia, especially regarding the rights of wives to their husbands' inherited property. In addition, the results of this study can be a reference for legal practitioners, academics, and the community in understanding and resolving inheritance disputes fairly and in accordance with sharia.
POSITION OF PERSONAL GUARANTEE IN PROVIDING GUARANTEE TO CREDITORS FOR CREDIT FACILITIES OBTAINED BY DEBTORS RELATED TO POSTPONEMENT OF DEBT PAYMENT OBLIGATIONS (PKPU) (Case Study of the Decision of the Central Jakarta Commercial District Court Number: 2 Annisa Rizkika Chairiza Nasution; Tan Kamello; Suprayitno
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.110

Abstract

This study is expected to introduce an investigation into Indonesian Regulations regarding the responsibility and implementation of PKPU with the aim of solving and providing solutions. This research method uses a normative research type. The data collection technique used in this study is library research. The results of the study explain First, Individual Guarantors should not be positioned as Respondents in PKPU. Second, the legal consequences of Guarantors who have released their privileges are considered to have bound themselves together with the main debtor, but the context of the release of privileges is only for confiscation in bankruptcy, not for PKPU. Third, Analysis of the legal considerations of the judge in the Decision of the Central Jakarta Commercial District Court Number: 212 / Pdt.Sus-PKPU / 2019 / PN.Niaga.Jkt.Pst is to consider in terms of the formal requirements of the PKPU Application that there is one requirement that is not met, namely PKPU which cannot be proven simply because the withdrawal of the guarantee to the Respondent is wrong and contradicts Article 254 of the Bankruptcy and PKPU Laws.
THE POSITION OF JOINT PROPERTY IN MIXED MARRIAGES (STUDY DECISION NUMBER 550/PDT.G/PA.SOR) Fara Dhia Altahira; Mahmul Siregar; Hasim Purba
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i4.111

Abstract

Mixed marriages often result in marital property located outside Indonesia. In the event of a divorce, according to the provisions of the Marriage Law, marital property is a typically divided equally, with half going to the husband and half to the wife. However, one party is often disadvantaged in the division, particularly when they feel they have contributed more during the marriage. As a result, the division of marital property in mixed marriages cannot be treated as a standard case, as one party may demand a greater share if they believe they have contributed more. One example of a mixed marriage case that was filed for a resolution concerning marital property is the case between Sieska Sagita Nasution, an Indonesian citizen (WNI), and Pepijin Joehem De Blecourt, a foreign national (WNA), which was decided by Decision Number: 550/Pdt.G/PA.Sor. This research seeks to address the following legal issues: (1) the legal consequences for marital property, such as land and buildings, in cases of divorce within mixed marriages; (2) the legality of foreign national, after divorce, in granting power of attorney to sell their portion of the marital property, specifically land in Indonesia; and (3) how the law was applied by the panel of judges in the mixed marriage case between Sieska Sagita Nasution, an Indonesian Citizen (WNI) and Pepijin Joehem De Blecourt, a Foreign national (WNA), as decided in Decision Number: 550 / Pdt.G / PA.Sor. The research method used in this study is a combination of normative legal research method and empirical legal research. This research is descriptive analytical, with data collection carried out through documents studies, library research, and supported by field research. The findings of this study show that the legal consequences for marital property, such as land and buildings, in divorce cases involving mixed marriages are that both the Indonesian and foreign nationals involved in the marriage remain entitled to half of the total value of the marital property , unless otherwise specified in a prenuptial agreement. As a result, marital property in these mixed marriages may include ownership of movable assets, such as land and anything attached to it by natural, human actions, or its intended use.

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