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Articles 85 Documents
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The Effect of Madihin Culture as a Medium of Political Communication in Banjarmasin Election 2024 Akbar Hayat, Muzahid; Wahyuni , Sri; Misna, Misna; Achmadi, Achmadi; Riki, M.
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.33

Abstract

The objectives to be achieved in this research are to find out how the regulation regarding the level of compliance with turning on the motorcycle headlights during the day and how the effectiveness of the motorcycle headlights obligation during the day reduces the number of motorcycle accidents. The research method used is an empirical legal research method called field research, by interviewing informants and knowing respondents' perceptions which are then compared to conclude. The study results show the regulation regarding compliance with turning on the motorcycle headlights and how the effectiveness of the motorcycle's headlight obligation during the day reduces the number of motorcycle accidents. Based on the results of research conducted by researchers, it can be concluded that, in Law Number 22 of 2009 concerning Road Traffic and Transport Article 107 paragraph (2) regarding compliance with turning on the leading lights during the day for two-wheeled drivers to reduce the number of accidents in the jurisdiction of the City Police. Banjarmasin is ineffective even though the number of compliance violations with turning on the leading lights during the day for two-wheelers is decreasing.
The Legal Consciousness and Social Impacts of the Change in the Minimum Age for Marriage in the Indonesian Marriage Act: The Experience of Hulu Sungai Tengah, Kalimantan Selatan Tavinayati, Tavinayati; Pura Damaiyanti, Varinia; Hanifah, Lena; Wijayalath, Ayesha; Putri, Trisna; Fitria Rizqyandhanita, Galuh
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.35

Abstract

Child marriage is still a controversial and big challenge that Indonesia has always faced, with Kalimantan Selatan as one of the Big Five Provinces with the highest number of child marriages. The Indonesian government has taken various preventive steps, one of which is revising the age limit for brides from 16 to 19 years old, enacted right before Covid-19 hit the country. However, the revision still begs questions about whether the age limit is practical due to the highest number of unregistered marriages, especially during the pandemic. This study employed the Qualitative method with a Socio-Legal approach and found that the perception and legal consciousness of the respondents were undisputed towards child marriage and disregarded the age limit and the pandemic situation.
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.
Mandatory Wills as Protection of Inheritance Rights to Heirs Who Change Religions : (Dimensions of Religious Education in the Family) Nuryadin, Nuryadin; Syaifullah , A.; Riyadh Maulidi, Ahmad
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.38

Abstract

Obligatory will, occurs due to legal actions by changing religions other than Islam which causes no inheritance. But still get a chance with the provisions of the obligatory will. In this study, there was a legal conflict, namely Law no. 01 of 1974, Article 42, reads that a legitimate child is a child born in or as a result of a legal marriage. This does not see, due to other legal actions when the child is an adult by changing religions other than Islam. This is contrary to Faridh Law (law of Fiqh Inheritance), Al Qur'an Surah An Nisa verses 7 to 12. Also, Child Protection Law No. 23 of 2000, Article 42; Paragraph (2) reads that every child can make his choice if the child is wise and responsible and fulfills the requirements and procedures in accordance with the provisions of the religion he embraces and the provisions of the applicable laws. To provide a solution between these legal conflicts, a court decision regarding the obligatory will appeared, in court decision Number 204/Pdt.G/2007/Pa.Jr, which was confirmed by decision Number 263/Pdt.G2007/PTA.Sby and the decision of the Religious court Tondano Number 13Pdt/.G/2006/PA.Tdo, which was corrected by Decision Number 01/Pdt.G/2007/PTA.Mdo. This article will be examined using normative research methods, namely research that aims to obtain legal materials obtained through literature studies that are considered relevant to the subject matter. The results of this study are that boys and girls of different religions will still get an inheritance, but differences in the division of inheritance on the male side, the role of religious education functions to provide reinforcement in the values of Sakinah Mawaddah and Warahmah in the family, so religious education is needed. The conclusion of this study is that the obligatory will can provide strengthening of family values.
The Principle of Nebis In Idem in Settlement of Civil Cases in Indonesia Nahdhah, Nahdhah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.39

Abstract

The principle of Nebis in Idem in its application in Indonesia is a fundamental principle because it is related to the requirements of a case claim which this principle can determine whether or not a case may be tried. The mutual lawsuit that was carried out between MS GLOW and PS GLOW is fascinating because there are allegations of filing the same case. The method used in this research is normative research with a case approach based on Medan and Surabaya court decisions. The results of this study are the application of the Nebis In Idem Principle in Indonesia, especially in the MS Glow and PS Glow; in this case, the Medan Commercial Court has yet to decide on the same case. Therefore, the principle of nebis in idem did not apply in this case when it was taken to the Surabaya Commercial Court because the elements in the demands of Article 1917 of the Civil Code were not fulfilled. The legal consequence of the Nebis in Idem principle's enactment is that cases included in these conditions cannot be reclaimed, and these conditions apply cumulatively.
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.
Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments Zakiyah, Zakiyah; Rahmawati, Diana; Mohammad Kasim, Nur; Aulia Rahmady, Muhammad; Azhari Rahman, Muhammad
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.43

Abstract

The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financing disputes. The research method used is empirical legal research supported by library research. (library research), is prescriptive analytics, it is hoped that a comprehensive, in-depth and systematic picture will be obtained. This research was conducted in South Kalimantan Province. The results showed (1). consumer financing dispute settlement patterns prioritize settlements outside the court (non-litigation), namely by internal company settlements; use third party services; through the Consumer Dispute Resolution Body, if an amicable agreement is not reached, as a last resort, a court settlement (litigation) is taken. (2). Dispute Resolution Financing companies in South Kalimantan have implemented the customary value of Adat Badamai in the settlement of consumer financing disputes. In the Banjar community, if there is a dispute, they tend to choose to settle it peacefully, meaning that there is no need for the settlement to go to court. Adat Badamai tradition is quite effective and plays a role in creating security and peace among the disputing community members.
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.

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