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INDONESIA
Arena Hukum
Published by Universitas Brawijaya
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Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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Articles 414 Documents
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INVESTMENT COURT SYSTEM SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA PENANAMAN MODAL ASING Kinanti, Fatma Muthia; Wiko, Garuda
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.6

Abstract

Investment Court System (ICS) proposed by the European Union (EU) has been ratified through Bilateral Investment Treaty (BIT) between the EU and several partner countries such as Canada, Vietnam and Singapore. A study is needed to get an idea on the ICS mechanism. This is a normative research. The result shows that although there is a mechanism that is not in accordance with the concept of arbitration, the ICS decision is enforced as an arbitration award and is subject to the 1958 New York Convention. Indonesia as one of the countries currently still negotiating with the EU in the formation of an FTA is also still reviewing the adoption of ICS into the text agreement. In addition, although the background and objectives of the ICS are positive, there are still some points of weakness in the provisions of the ICS that will result in obstacles in their implementation which can be seen from the legal, political and technical side.
THEO-PROPHETIC JURISPRUDENCE: TRACING THE GENEALOGY OF THE ISLAMIC LAW’S FORMATION AND GROWTH IN RASULULLAH ERA Kholish, Moh Anas; Galib, Andi Muhammad
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.1

Abstract

This paper concisely and analytically presents the history of tasyri', or the formation of Islamic law in the Prophet's era. By using the term "Theo-Prophetic Jurisprudence," this paper also provide a response and rebuttal to the view that Islamic law is a product of Muhammad's jurisprudence. The results of this qualitative research with conceptual and historical approaches indicate that the formation of Islamic law began in the prophetic period. The period of the formation of Islamic law or the Prophet Muhammad's jurisprudence is divided into two phases, namely the Mecca phases which includes everything related to belief, morals-ethics, and fiqh (law); and the Medina phase which is more oriented to the formation of law, including social situations or the social construction phase. Islamic law or the Prophet Muhammad's jurisprudence is not a product of Muhammad's ideology like some scholars view that Islamic law does not have theological and juristic nuances but only historical-sociological aspects.
PENGHILANGAN PAKSA SEBAGAI KEJAHATAN TERHADAP KEMANUSIAAN (TELAAH PUTUSAN PRA-PERADILAN III ICC ATAS SITUASI BURUNDI) Ashri, Abdul Munif; Giovanny, Hans
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.9

Abstract

Enforced disappearance could be qualified as a crime against humanity. However, international human rights law (IHRL) and international criminal law (ICL), have different definitions of enforced disappearance. It can be reviewed by the different formulations between the ‘ICPPED’ and the Rome Statute of the ‘ICC’. Rome Statute adds several elements to the enforced disappearance definition, such as ‘specific intent’ by the individual perpetrators, ‘temporal element’, and ‘political organization’ as potential actors. And the Pre-Trial Chamber (PTC) III Decision on ‘Burundi Situation’ (2017) could be a significant reference. By the doctrinal research through statute and conceptual approach, this article concludes that the PTC III Decision reflects the very close relationship between those two different branches of law, as PTC III still refers to IHRL instruments to fill the legal gap in the interpretation of enforced disappearance within the Rome Statute.
REFORMULATION OF REGULATIONS ON INDONESIAN CITIZENS WHO HAD JOINED THE ISLAMIC STATE OF IRAQ AND SYRIA (ISIS) Susmayanti, Riana; Nur Widhiyanti, Hanif; Efendi, Muhammad Fadli
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.5

Abstract

The repatriation of ex-ISIS members to Indonesia will have an impact on the community, because previous jihadi alumni from Afghanistan carried out terrorist bombings in several locations after they returned to Indonesia. This research will analyze the classification of Indonesian citizens who had joined ISIS; the Indonesian citizens who had joined ISIS according to Indonesian regulations and the reformulation of regulations on Indonesian citizens who had joined ISIS. This normative juridical research uses statutory approach and conceptual approach. The results of this study shows that the classification of Indonesian citizens who had joined ISIS based on hierarchy in the organization and concerned involvement in ISIS, the regulatory violations committed by Indonesian citizens by joining ISIS, and the urgency of changing the citizenship law that applies to Indonesian citizens who join ISIS.
PERBANDINGAN DESAIN PENGUJIAN KONSTITUSIONAL PADA MAHKAMAH KONSTITUSI FEDERAL JERMAN DAN INDONESIA Lailam, Tanto
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.4

Abstract

This research is based on the weaknesses of constitutional review design in Indonesian and how the best design in Germany. This normative legal research is analysed using legislation and comparative approaches. The results showed that the German and the Indonesian Constitutional Courts had the same design and practice of constitutional review. The German Constitutional Court has complete authority, namely the abstract judicial review, concrete judicial review, and constitutional complaints. While the Indonesian Constitutional Court is only given the abstract judicial review and does not have a concrete judicial review and constitutional complaint authority, in practice, some applications are characterized by both. The design of abstract judicial review between the German and Indonesian Constitutional Courts has the same object of disputes but differences in the party applying. The object of the dispute on the concrete judicial review at the German Constitutional Court is the implementation of laws relating to court cases. The objects of petitions for constitutional complaints are judicial decisions, laws, and others.
IMPLEMENTATION OF ONLINE REGISTRATION E-COURT AT INDONESIA RELIGIOUS COURTS Muhammad, Mukmin; Rahmadina
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.2

Abstract

The purpose of this study is to know the pattern of service at the Barru Religious Court Office during the Covid-19 pandemic and the implementation of online case registration E-Court of physical distancing at the Religious Court Office during the pandemic. This qualitative research include observation, interviews, documentation. Data analysis involve data reduction, data presentation, and conclusion drafting. The result shows the implementation used in the registration of the first case is online case registration, the second is to get a down-payment interpretation online, the third can make online payments, the fourth can conduct trials online (litigation), the fifth can view calls online, and the sixth can make decisions online. The case registration E-Court has been carried out following PERMA No.1 of 2019 about the electronic case of registration. In particular, at a time when Indonesians are growing more concerned about the Covid-19 virus outbreak, this PERMA is extremely appropriate to be carried out.
MENGGALI MAKNA PEMAAFAN HAKIM BAGI ANAK MELALUI RATIO LEGIS PASAL 70 UNDANG-UNDANG SISTEM PERADILAN PIDANA ANAK Aprilianda, Nurini
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.10

Abstract

This research aims to discover the meaning of pardon given by the judge as governed in Article 70 of Law Number 11 of 2012 concerning the Judicial System of Juvenile Crime (henceforth referred to as Juvenile Law). The absence of further elucidation of Article 70 of Juvenile Law interrupts the settlement of the case handled by judges. Therefore, the value that the pardon carries in the Article needs to be further examined. This normative research uses statutory and conceptual approaches. The result shows that indicating that punishment, referring to Article 70 of Juvenile Law and imposed on a child, is given as the last resort that should take into account human values and the justice for children, philosophical bases, the values of Pancasila and the 1945 Constitution of the Republic of Indonesia with the principle of child protection referred to as a benchmark.
The Fulfilment of Legal Identity: A Case Study of Residents Without Population Identification Numbers Jati, Fardi Prabowo
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.8

Abstract

Legal identity is crucial for individuals as it establishes their rights and obligations as legal subjects. Despite its importance, many residents in Yogyakarta lack a legal identity. This research aims to analyse the regulations governing the provision of legal identity for residents without a population identification number (NIK) and to identify the causes behind this issue in Yogyakarta. This study employs non-doctrinal legal research, combining normative and empirical methods. The findings reveal that obtaining a NIK is essential for fulfilling human rights and constitutional rights. This process involves population registration, which begins with recording the individual’s biodata. Changes in the population administration information system have led to the exclusion of residents who have not completed biometric recording from the population database, resulting in a lack of legal identity. In Yogyakarta, two main factors contribute to the absence of NIKs: First, impoverished individuals with domicile issues caused by the costs and time required for domicile relocation, potential trafficking, homelessness, and loss of family card data. Second, individuals with disabilities who are unable to complete the registration process.
Sinergi Pengawasan Kemitraan Usaha Mikro Kecil Dan Menengah Sebagai Upaya Peningkatan Potensi Dalam Dunia Usaha Ekonomi Kreatif Suwardiyati, Rumi; Ganindha, Ranitya
Arena Hukum Vol. 16 No. 3 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01603.10

Abstract

UMKM have demonstrated their various roles in supporting the national economy, but in carrying out their business activities they still experience various obstacles and obstacles, both internal and external. The research aims to produce appropriate concepts in supervision and what institutions are appropriate to optimize UMKM. This research uses socio-legal methods by conducting direct observations to collect data related to the concept of supervisory relationships between institutions that have partnership supervision authority, especially in Malang City. The results of this research are optimizing supervision of UMKN in two ways, namely empowerment through the City Cooperatives and Micro Enterprises Service and empowerment through the Malang City Trade Office. Provide education regarding the importance of understanding partnership agreements. All forms of partnership agreements must be made in writing, the positions of the parties must also be balanced in the partnership agreement. With the existence of these two institutions and education, it is hoped that they can monitor UMKM with the goal to be achieved so that large and small business actors can grow and develop together.
Legal Certainty of Land Rights Affected By Natural Disasters Rachman, Rahmia; Ardiansyah, Erlan
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.7

Abstract

This research investigates the revitalisation of land rights after natural disasters. Using empirical juridical methods, the study concludes that the revitalisation of land rights in Central Sulawesi, carried out by the provincial government in collaboration with the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (Ministry of ATR/BPN) and led by the Head of BPN Central Sulawesi, involves the procurement of land through the use of abandoned land to relocate communities affected by disasters for the public interest. This land procurement is aimed at constructing permanent housing for disaster victims. Although BPN Palu City still recognises the land rights of areas affected by the disaster, these lands can no longer be used as they are located in disaster-prone zones (DPZ). Recipients of permanent housing will receive new certificates for plots of land that have been adjusted to the latest spatial design.

Page 35 of 42 | Total Record : 414

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