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Moh. Ali
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ijlil@uinkhas.ac.id
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Sharia Faculty, State Islamic University of Kiai Haji Achmad Siddiq Jember. Mataram Street No. 1 Mangli, Kaliwates, Jember 68136, East Java, Indonesia
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INDONESIA
Indonesian Journal of Law and Islamic Law (IJLIL)
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 27215261     EISSN : 2775460X     DOI : https://doi.org/10.35719/ijl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Indonesian Journal of Law and Islamic Law (IJLIL) (P-ISSN 2721-5261 and E-ISSN 2775-460X) is a joint-venture of the Association of Indonesian Islamic Family Law lecturers (ADHKI) and The Syariah Faculty and is published by the State Islamic University of Kiai Haji Achmad Siddiq Jember. The purpose of this journal is to provide a platform for the publication of academic works which pertain to law and Islamic law studies, with special reference to socio-legal activities, legal politics, criminal, civil concerning human rights issues in Southeast Asia and Beyond. Though this journal was created to showcase the works of authors affiliated with ADHKI Indonesia and ETC, it welcomes submissions form any scholars whose work pertains to the aforementioned topics.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol. 5 No. 2 (2023)" : 6 Documents clear
Principles of Human Rights (HAM) in Indonesian Sustainable Palm Oil (ISPO) Ratu bilqis Naily Hidayah; Waro Satul Auliyak
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 2 (2023)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v5i2.290

Abstract

Palm oil is Indonesia's leading commodity that is able to compete in the international market. However, there are often accusations that Indonesian palm oil is unsustainable due to problems of deforestation, corruption and human rights violations against land grabbing of indigenous and local communities. So that they lose their homes and find it difficult to meet their needs because they depend on the forest. In response to this, the government has updated the ISPO regulations through Presidential Regulation Number 44 of 2020 concerning the Indonesian Sustainable Palm Oil plantation certification system. The formulation of the problem from this research is whether ISPO is in accordance with human rights principles and what is the future conception so that ISPO is more in line with human rights principles. This research is included in normative legal research using a legal and conceptual approach. Based on the research results, it is known that ISPO has complied with several human rights principles, such as universal principles and non-discrimination. ISPO principles and criteria should be adjusted to the capacity of independent smallholders, so that there is equality in efforts to increase oil palm production.
Endogamous Marriage as a Criteria for Kafaah in the Arab Community of Jember Based on Al-'Adah Muhakkamah Perspective Naimah Alasdaq; Deni Irawan
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 2 (2023)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v5i2.315

Abstract

The purpose of this study is to ascertain and comprehend the perspectives of Ulama about kafaah in endogamous marriage, as well as the practises and perspectives of al-'Adah Muhakkamah in endogamous marriage within the Arab community of Jember. The research methodology employed in this study is field research, utilising a juridical, normative, and sociological approach. The findings of this study indicate that some Ulama perceive endogamous marriage as a component of moderate compatibility (kafaah), while others do not. Furthermore, the majority of the Arab community in Jember agrees with the viewpoint of Ulama who believe that endogamous marriage is not a part of kafaah. After analysis, it was concluded that the implementation of endogamous marriage was acceptable because it was in accordance with the principles of al-'Adah Muhakkamah.
Law Enforcement on Misuse of Personal Data by Online Loan Business Actors Linus Ndruru; Carolus Wahyu Herman; Deny Octa Ttistian; Sigit Widodo
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 2 (2023)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v5i2.317

Abstract

This study aims to explore data breaches in the usage of online loan applications (peer-to-peer lending) that happen as a result of financial advancements in technology. It is essential to discuss the issue of personal data security in online loan application activities because it concerns fundamental privacy for everyone. This phenomenon not only offers convenience in obtaining loan facilities but also creates problems, primarily related to personal data entered during registration and requests for access to several points of personal data when making loans through the application provided and vulnerable to being misused by third parties and even the platform. Alone. Based on the findings of normative juridical investigations conducted, borrowers' data is legally protected under the ITE Law and OJK regulations governing financial technology (fintech). In addition, administrative sanctions and criminal sanctions can be applied if personal data is violated. If an online lending business actor violates someone's data, the district court will sanction the customer or cybercrime perpetrator and revoke the fintech business license from the financial services authority (OJK)
Legal Protection for Creators in Copyright Infringement through E-Commerce Kornelis Agung Pringgohadi; Cindy Ayu Alvianti; Moch. Firman Adi Prasetyo; Levi Fernanda Taalungan
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 2 (2023)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v5i2.319

Abstract

The background of this research is that numerous incidents of copyright infringement, such as piracy, theft, and plagiarism, occur on e-commerce platforms; this is obviously detrimental to the producer of an intellectual work. This research aims to find a form of legal protection for creators for copyright infringement of their intellectual works on e-commerce platforms. The research method used is the normative legal research method with a statutory and conceptual approach, where this method is used to analyze and study several regulations governing copyright infringement and violations in the field of information technology, as well as several legal books and journals that discuss protection law for creators, and e-commerce platforms. The result of this research is the discovery of 2 (two) forms of legal protection for creators of copyright infringement through e-commerce, based on Philips M. Hadjon theory of legal protection, namely: First, preventive legal protection implemented in the form of Copyright Registration as a form of certainty law for creators to obtain concrete evidence regarding ownership of their copyrights; and Second, repressive legal protection implemented in the form of Law no. 28 of 2014 concerning Copyright and Law no. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, which regulates ways to deal with copyright infringements by imposing sanctions in the form of Administrative Sanctions, Civil Sanctions, and Criminal Sanctions.
The Impact Law Number 16 of 2019 about Marriage Age Dispensation on The Child Marriage Gap Amrin Nurfieni
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 2 (2023)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v5i2.330

Abstract

Child marriage in Indonesia is quite high. Child marriage is a form of violence against children and is a practice that violates children's basic rights as outlined in the Convention on the Rights of the Child (CRC). Child marriage limits access to essential services, including education and health services, and can have long-term negative impacts on children's well-being and life chances. The legal age limit for marriage in Indonesia is a minimum of 19 years. However, one of the policies in the Marriage Law is a loophole that supports the legality of child marriages, through the granting of dispensations by the Court. The number of requests for marriage dispensation at the Ambarawa Religious Court continues to increase. This data is a reference for the author in studying the impact of the enactment of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage, on children. This research uses normative juridical methodology, namely reviewing court decisions. As a finding, one of the impacts of the enactment of Law Number 16 of 2019 which amends Law Number 1 of 1974 concerning Marriage is the increase in the number of requests for marriage dispensation at the Ambarawa District Court, Semarang Regency. This increase reached 337%, with the average number of applications per month increasing from 7.44 to 25.07. Changes in the marriage age as stated in Article 7 regarding the minimum marriage age of 19 years are not effective in reducing the number of child marriages. So it is necessary to optimize the implementation of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Granting Marriage Dispensations to ensure that judges have clear procedures and structured steps in adjudicating marriage dispensation cases.
Fairness Aspect in the Paroan System in the Mangar Society Martoyo Martoyo; Abdul Jabbar
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 2 (2023)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v5i2.333

Abstract

This research was conducted on the Mangar society who have a system of cooperation in the form of "paroan agreements" which can be categorized as creative in drafting and implementing agreements. The social system of the Mangar society is quite interesting to explore because in the midst of a very exploitative agricultural and livestock management system, the Mangar society remains consistent in upholding justice by placing the position of farm laborers in a balanced way both in terms of roles and the distribution of benefits from managing the farm. The research method used in this research is qualitative research or field research. The results of this study indicate: (1) The paroan agreement form of the Mangar society is an oral agreement; (2) Implementation of the paroan agreement begins with an agreement between the two parties, namely the land owner and the manager. Then the implementation starts from clearing the land to harvesting; (3) The meaning of justice in the paroan agreement can be seen from: first, equal opportunity to help each other and obtain welfare between the parties. Second, there is a balance of rights and obligations. Third, there is appreciation based on the principle of mutual need. Fourth, in the distribution of profits based on mutually agreed agreements.

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