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Articles 13 Documents
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Search results for , issue "Vol. 3 No. 1 (2023): April Issue" : 13 Documents clear
A Forest Protection Model Based on Local Wisdom of the Kotabaru Dayak Indigenous Communities in Kalimantan Selatan Forest Conservation Mahyuni, Mahyuni; Topan, Muhammad
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.36

Abstract

Indonesia's forest management is still unable to fulfill the constitutional mandate, thus driving the rate of forest degradation and deforestation. This very high damage occurred in the concession area, therefore forest management in customary lands must be returned to indigenous peoples who do have constitutional rights. Furthermore, based on previous research conducted by the World Resource Institute, forest management under the control of indigenous peoples runs more effectively than forest management outside the scope of adat and can reduce the rate of forest deforestation. The purpose of this research is to answer 2 (two) main issues, namely; (1) Analyzing forest protection based on local laws of the Dayak Kotabaru indigenous people on environmental sustainability; (2) Finding a forest protection model based on the local law of the Dayak Kotabaru indigenous people in Kalimantan Selatan. The research method used in the first year is an empirical research method that examines the forest protection model based on local laws of the indigenous Dayak community in Kalimantan Selatan. In the second year, using the socio-legal research, discovered the concept of regional policies in forest management based on the values ??contained in the local legal system of the Dayak indigenous people in Kalimantan Selatan.
Expert’s Testimony Evidence in the Criminal Justice Process in Indonesia Prananto, Iksan; Sunardi, Sunardi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.42

Abstract

This study aims to analyze the position of expert testimony as evidence in the criminal justice process. The type of research in this research is normative. The nature of the research is descriptive. The results of his research are that the position of expert testimony as evidence is basically a gate, especially for investigators in determining whether this gate will be opened or not or whether will it last first. What an expert explains is the conclusions from a known situation according to his expertise. Thus, the substance of the expert's statement becomes the investigator's authority to evaluate it at the investigative level. Because, sometimes in the investigation process expert testimony is sidelined because the witness testimony is more dominant, of course, this will affect the process of proving the trial.
Islamic Banks: Analysis of the Rules of Fiqh on the Fatwa of the National Sharia Board-Indonesian Ulama Council Yusuf, Mahmud; Hasanudin, Hasanudin; Azhari, Fathurrahman; Abduh, Muhammad Rahmani; Farhanah, Sri Ana
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.44

Abstract

Both directly and indirectly, Sharia banking regulations in Indonesia are heavily influenced by the Fatwa of the National Sharia Council-Indonesian Ulema Council. In its fatwas, the National Sharia Council-Indonesian Ulema Council cites many fiqh principles as one of its legal foundations which shows that fiqh rules occupy a crucial position in the fatwas issued by the National Sharia Council-Indonesian Ulema Council. But unfortunately, research and scientific studies related to fiqh principles are currently still relatively few and receive less attention from academics. Therefore, this study aims to find out how fiqh principles are used in the National Sharia Council-Indonesian Ulema Council fatwas related to sharia banking to fill the void in scientific studies and attract scientific interest in this field. This research is normative legal research/legal research. The data used in this study were obtained from the Sharia Banking Fatwa Association compiled by the National Sharia Council-Indonesian Ulema Council. The data is then analyzed using a qualitative content analysis technique, which analyzes the contents of various texts and then systematically transforms them into a very organized and concise main summary. The results of this study indicate that from 2000 to 2018, the National Sharia Council-Indonesian Ulema Council issued 90 fatwas related to Islamic banking. Of the 90 fatwas, 87 fatwas used fiqh principles as one of their legal foundations. Overall, the fiqh principles used in the National Sharia Council-Indonesian Ulema Council Fatwa regarding Islamic banking total 39 principles with a frequency of use of 266 times. Where the rule "Basically, all forms of muamalah may be carried out unless there is an argument that forbids it" is the rule most often used with a frequency of use of 85 times and Fatwa 118/DSN-MUI/II/2018 concerning Guidelines for Guaranteeing Deposits for Customers of Sharia Banks is a fatwa that the most use of fiqh rules is as many as 11 rules. Then, the generalization of the 39 fiqh principles used in the National Sharia Council-Indonesian Ulema Council Fatwa regarding sharia banking has at least produced several theories, namely the theory of origin law, the theory of maslahat, the customary theory, the Khilafah theory, the wasilah theory, the promise theory, the majority theory, and several another theory. In addition, the National Sharia Council-Indonesian Ulema Council fatwas related to sharia banking has also made a positive contribution to the development of sharia banking in Indonesia. Finally, for future researchers, we provide suggestions in the form of future research related to the principles of fiqh and the National Sharia Council-Indonesian Ulema Council Fatwa.
Nusyuz as the Cause of Domestic Violence: A Comparative Study of Islamic Law and Criminal Law Rafianti, Fitri; Pratama Sinaga, M. Hary Angga
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.45

Abstract

This article aims to explain the dynamics of Nusyuz as one of the reasons why domestic violence (KDRT) is allowed in the perspective of Islam, and further elaborates with a comparative study in the context of Criminal Law. This research uses a qualitative method with an approach to Islamic Law and Criminal Law in Indonesia. The data was obtained through in-depth exploration of regulations contained in the Qur'an, Hadith, laws, and other necessary legal sources through literature review and documentation. There are three main questions that this research seeks to answer: First, how is the legal regulation of Nusyuz in the context of Islamic Law; Second, how is the correlation between Nusyuz and domestic violence cases; Third, how is the settlement of Nusyuz cases related to domestic violence cases in the perspective of Criminal Law. This research shows that, first, the regulation of Nusyuz is very clearly stated through legal sources in the context of Islamic Law, but there are often misunderstandings in interpreting commandments, prohibitions, and choices of verses. Second, the correlation between Nusyuz and KDRT requires awareness of experiences of violence against women and close people in the household environment, although the phenomenon of violence against women is always identified with the nature of private space where the Nusyuz of husband and wife is a private space that, when known publicly, becomes a shame that must be hidden without considering the applicable legal provisions. Third, Nusyuz is often associated with cases of domestic violence if a wife who is nusyuz gives her husband various rights in treating her. Starting from the right to hit her, distance her, not provide her with good material and spiritual support, and finally the husband also has the right to divorce her. Of course, the wife remains the victim of exploitation, both physically, mentally, and sexually. This is exacerbated by the absence of clear rules in limiting the husband's rights, making it very possible for the husband to act arbitrarily in this matter. The solutions to prevent domestic violence include: First, understanding the obligations and responsibilities of both husband and wife in the household. Second, always being with the wife and inviting her to chat. Third, always saying good words and making her happy. Fourth, not hurting or hitting the wife in the face. The above things will not happen if the husband and wife understand their duties and responsibilities in the household and do not interpret verses as legal evidence for justifying domestic violence due to the inability to understand legal evidence that is sometimes only partially read.      
Regulatory Analysis Digital Markets Act (Dma) European Union In Business Competition Nurhayati, Yati
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.46

Abstract

this research aims to analyze the concept of the Business Competition Digital Markets Act (DMA) European Union and analyse the regulation affecting Digital Markets Act (DMA) EU to the digital market. The science of law will have authority and strength if it is integral in ontological, epistemological, and axiological aspects. Normative legal research has the characteristics of library research. The results of this study showThe combination of these three factors to win the competition to win the hearts of consumers can be obtained through innovation, application of the right technology, and managerial ability to direct company resources in winning the competition. In response, the European Commission recently published a proposal for a Digital Markets Act to complement existing competition policy tools through mandatory from before for platforms. Both consumers and companies should benefit from digital markets. However, it may backfire if there are no clear boundaries to follow.
Corporate Responsibility For Criminal Actions Of Song Copyright Under The 28 Law Of 2014 Putera, Ade; Sunardi, Sunardi; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.50

Abstract

Research entitled "Corporate Responsibility for Crime of Song Copyright According to Law Number 28 of 2014" aims to analyze how copyright crimes are regulated in Indonesian positive law and to analyze corporate responsibility for copyright infringement according to the Copyright Law Number 28 of 2014. This research is normative legal research, which examines laws and regulations in a coherent legal system and unwritten legal values ??that live in society, which are related to corporate responsibility for copyright infringement according to the law 28 of 2014. The results of the study stated that copyright crimes, including song copyrights, are regulated in the Copyright Act as part of Indonesian positive law. Article 112 of the Copyright Law Number 28 of 2014 states that everyone who without rights commits the acts referred to in Article 7 paragraph (3) and/or Article 52 for commercial use, shall be punished with imprisonment for a maximum of 2 (two) years and/or a maximum fine of 300,000,000.00 (three hundred million rupiah). Because legal entities are equated with people, legal entities that commit criminal copyright infringements can also be punished under this article as a form of responsibility. Criminal acts by Corporations are regulated in Article 3 of MA RI Regulation 13/2016 which are criminal acts committed by people based on work relationships, or based on other relationships, both individually and jointly acting for and on behalf of Corporations inside and outside Corporate Environment.
Status Of Corruption Acts Under The Indonesian Criminal Law System Nur Azizy, Ahmad; Parmono, Budi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.51

Abstract

The purpose of this research is to describe the regulation of criminal law in Indonesia and to analyze the position of corruption in Indonesian criminal law. This research uses normative legal research in the form of library research using three types of legal materials, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research. The results of the study show that the criminal act of corruption is a part of Indonesian criminal law whose arrangements are outside the Criminal Code (KUHP). In addition, this crime has certain specifications that are different from general criminal law which are regulated in separate laws, namely: Law Number 31 of 1999 as amended in Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The criminal act of corruption is also known as a special crime. The criminal act of corruption is a part of the special criminal law which has certain specifications that are different from the general criminal law, such as deviations from procedural law and when viewed from the regulated material. The Criminal Procedure Code for corruption that is applied is lex specialist in nature, namely the existence of deviations intended to speed up procedures and obtain investigations, prosecutions and examinations at court hearings.
Status Of Pretrial Institutions In Indonesian Criminal Law Prasnada, Famda Egga; Sunardi, Sunardi; Muhibbin, Moh.
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.54

Abstract

This study aims to describe the position of pretrial institutions in the study of criminal law in Indonesia and to analyze the implementation of pretrial institutions as legal remedies for suspects in obtaining justice at the level of investigation and prosecution. This is a normative legal research, which examines statutory regulations in a coherent legal system and unwritten legal values ??that live in society, which are related to the suspect's efforts to obtain justice through the Pretrial Institution. The results of the study state that pretrial is one of the new institutions introduced since the existence of Law Number 8 of 1981 concerning the Criminal Procedure Code in the midst of law enforcement life. Pretrial Institution arrangements in the Criminal Procedure Code are listed in Article 1 point 10, Chapter X Part One from Article 77 to Article 83. The position of the Judicial Institution in Indonesian positive law is part of the criminal justice system, as well as being part of law enforcement in abstracto or in concreto. In practice, pretrial is usually carried out in a rule of law country like Indonesia as long as the investigation process is carried out based on the provisions of the Criminal Procedure Code, although not all pretrial decisions are won by the suspect or the party submitting them. In the process of pretrial examination hearings, of course, the facts, both juridical and material facts, will be considered.
Criminal Actions Of Illegal Logging In The Perspective Of Forestry Law Wibawa, G.M. Angga Satrya; Muhibbin, Moh.; Parmono, Budi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.55

Abstract

This research aims to describe the regulation of illegal logging in Indonesian positive law and to analyze how illegal logging is in the perspective of Indonesian criminal law. It is a normative legal research, which examines laws and regulations in a coherent legal system with the values ??contained in the Forestry Law Number 19 of 2004 and Law No. 18 of 2013 concerning Prevention and Eradication of Forest Destruction, The research results show that illegal logging is regulated in the Forestry Law, namely Forestry Law No. 19 of 2004, changes to Law no. 41 of 1999 became a Law as an instrument in tackling illegal logging crimes. Then Regulation of the Minister of Forestry Number: P.30/Menhut-II/2012 concerning Administration of Forest Products originating from Private Forests. The government also enacted Law no. 18 of 2013 concerning Prevention and Eradication of Forest Destruction as statutory regulations, and is the implementation of Law no. 14 of 1999. Illegal logging sanctions are emphasized in the Forestry Law in the form of criminal sanctions given to those who carry out illegal logging, according to Law no. 18 of 2013 with a maximum prison sentence of 15 years and a maximum fine of IDR 100 billion.
Criminal Liability Towards Corporations Acting As Narcotics Traffickers In Indonesia Hatta, Muhammad; Sumiadi, Sumiadi; Zulfan, Zulfan; Johari, Johari; Husni, Husni; Mohd Zahir, Mohd Zamre
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.61

Abstract

Corporate crime is often referred to as a crime committed by a legal entity or organization. Corporate involvement in criminal activity can enable criminal access to methods of production, storage, distribution, or trading. In the context of narcotics crime, corporations could play a significant role in the trafficking of narcotics through a variety of modus operandi including production, distribution, and sales to the general public. Therefore, corporation as a legal subject can be held accountable. This study uses a statutory approach and is normative (doctrinal). It solely employs secondary data and is processed qualitatively to describe facts, documents, information, and other data related to criminal liability for corporations as perpetrators of narcotics trafficking in Indonesia. The embodiment of criminal liability towards corporations as perpetrators of narcotics trafficking is regulated in several provisions, including Article 130 of Law No. 35 of 2009 concerning Narcotics as well as Articles 60 to 64 and Article 70 of Law No. 5 of 1997 concerning Psychotropics. The crime of narcotics distribution through corporation involves businesses or legal entities such as hospitals, health clinics, pharmacies and others. Revocation of business licenses can be used as punishment for those companies, while the management may also face further legal repercussions.

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