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Arena Hukum
Published by Universitas Brawijaya
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Core Subject : Social,
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Articles 414 Documents
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Problematika Keputusan Tata Usaha Negara Yang Bersifat Fiktif Positif Setelah Undang-Undang Nomor 11 Tahun 2020 Abrianto, Bagus Oktafian; Nugraha, Xavier; Hartono, Julienna; Kosuma, Indah Permatasari
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.2023.01603.5

Abstract

This doctrinal research aims to analyze the development of legal consequences and legal protection related to the Government's omission on applications to state administrative officials. Until the enactment of the Job Creation Act, there were 3 (three) different legal norms regarding the legal consequences of the Government's omission on applications to state administrative officials, namely fictitious rejection, in the State Administrative Court Law, fictitious approval followed up with applications, in the Government Administration Act, and fictitious approval without being followed up with an application, in the Job Creation Act. Based on the principle that the new law overrides the old law, the applicable legal consequences are as regulated in the Job Creation Act. Then, legal protection related to the Government's omission on applications to state administrative officials are the imposition of administrative sanctions, submitting applications for the determination of fictitious approval of state administrative decisions to the Administrative Court, filing claims based on government actions disputes, or submitting reports to the Ombudsman.
Tajdid Ushul Fiqh’s Husein Muhammad And Reformulation Of Women’s Jurisprudence Rohmah, Siti; Hamidah, Tutik; Zuhriah, Erfaniah; SJ, Fadil
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.2024.01701.1

Abstract

This study proposes ideas for reforming Husein Muhammad’s ushul fiqh to address and deconstruct the gender biases present in some aspects of Islamic law in Indonesia. Using a conceptual research approach through a literature study, this research finds that Husein Muhammad employed the method of reforming ushul fiqh when examining women’s fiqh issues. Husein Muhammad’s approach to tajdid in ushul fiqh includes Tawhid as the fundamental basis for understanding the Qur’an and hadith, interpreting the concept of asbâb al-nuzûl by examining the broader historical context of human traditions at the time of the Qur’an’s revelation, rather than a narrow focus, differentiating between muhkamat verses with universal values and mutasyabihat verses with particular dimensions, considering Makiyyah verses to have a universal dimension, in contrast to Madaniyyah verses which are seen as having specific dimensions, and typologizing verses into those with legal dimensions and those with informative dimensions, as well as distinguishing between legal hadiths and informative hadiths. The renewal of the epistemology of Islamic law proposed by Husein Muhammad aims to produce Islamic legal interpretations that are just and gender-equal, freeing women from the constraints of patriarchal culture and misogynistic fiqh texts.
Paradigma Positivisme Hukum John Austin Di Era Posmodernisme Setiawan, Adam; Ismail, Rezky Robiatul Aisyiah
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.2023.01603.3

Abstract

The purpose of this research is to find out how the legal positivism paradigm of John Austin in the era of postmodernism and explain the relevance of legal positivism in law enforcement in Indonesia. This research uses method of philosophy of law. The results are that John Austin's legal positivism paradigm in the era of postmodernism is increasingly losing its way because it is exclusive. The legal positivism paradigm cannot be a guidance in law because the shortcomings of the legal positivism paradigm include the legal positivism paradigm constructed by Austin that is unable to accommodate important aspects outside the specified elements such as ethical, moral, and religious elements. Although, the paradigm of legal positivism in Indonesia has become the main point of law enforcement because of the continental European legal tradition. However, in practice the legal positivism paradigm is not compatible with the existing legal patterns in Indonesia because: (1) Indonesian society is heterogeneous; (2) Social, political, and economic developments are transforming so rapidly that the law is lagging behind; and (3) Indonesian people are religious but have no absolute ideology of religion.
Kewenangan Dan Penyelesaian Sengketa Peradilan Tata Usaha Negara (Perbandingan Indonesia Dan Korea Selatan) Navisa, Fitria Dewi
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.2023.01603.7

Abstract

This article aims to examine the comparison of authority and dispute resolution of the State Administrative Courts of Indonesia and South Korea. The method used is a statutory statue and comparative approach. This study shows that the Indonesian and Korean state administrative justice systems have the same deadline for filing lawsuits, administrative and judicial efforts, and active judges; and there are also differences regarding the types of lawsuits, the existence of the State Administrative Court, who are the officials in the court, the number of judges authorized to hear and to whom the appeal is addressed.
Eksistensi Kewenangan Pemerintahan Dalam Mengatasi Status Kewarganegaraan Bagi Anak Dari Perkawinan Beda Negara Rifandhana, Raditya Feda
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.2023.01603.4

Abstract

This research examines the existence of government authority in overcoming the status of citizenship for children from marriages between different countries, as well as reviewing the existence of Law Number 12 of 2006 concerning Citizenship. This normative juridical research has the purpose of analyzing the problems using legal theory, so that the existence of a statutory approach and legal theory can have a positive impact, resulting in the existence of government in addressing the status of children born from interstate marriages, and producing an existence in citizenship laws can meet the needs of citizens.
Penguatan Prinsip Transparansi Dalam Sentralisasi Izin Usaha Pertambangan Minerba Guna Meminimalisir Korupsi Putri, Elsa Ardhilia; Rahayu, Ika Putri; Komaria, Lailatul; Butar Butar, Franky
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.2023.01603.6

Abstract

Amendment to Law on Mineral and Coal Mining makes the authority to issue Mining Business Permits (IUP) shifted from local governments, including governors and regents/mayors (decentralization), to the central government (centralization). The centralization of the IUP issuance gives full authority to the central government in issuing IUP. This normative research is carried out to determine the extent to which the principle of transparency is applied after the Minerba Law 3/2020. The results show that shifting the authority of IUP issuance from the regional government to the central government does not eliminate the threat of bribery corruption as it does not strengthen the principle of transparency. Whereas the principle of transparency is the key to minimizing corruption in mining permit bribes. The solution is reforming Mineral and Coal Mining regulations and strengthening the related institutions to uphold the principle of transparency in the rezime of IUP centralization.
Principled Pluralism Sebagai Model Ideal Hubungan Agama Dan Konstitusi Di Indonesia Rifdah, Haliza Nur
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.2023.01603.2

Abstract

As a plural country, Indonesia needs to know the relationship between religion and its constitution. Even though it has been written in Article 29 (1) of the 1945 Constitution of the Republic of Indonesia, the connection is still vague. It shows in its practice where there are still injustice actions that have been experienced by minorities, such as demolition of churches or forced conversion to one specific religion. Neglecting this relationship is undoubtedly dangerous because religion and the constitution influence social life. Therefore, by using doctrinal research methods and historical and comparative legal approaches, this study aims to find the classification of these relationships and the ideal model for Indonesia. The study shows the relationship is in the form of pluralist accommodation, where this form upholds religious values and acknowledges the existence of various religions and beliefs in society. To strengthening this relationship, principled pluralism is considered an ideal model in Indonesia.
P2P Lending Default Settlement in Indonesia and United States Wicaksono, Lucky Suryo
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.5

Abstract

This study examines the handling and settlement of defaults in P2P lending in Indonesia and the United States. This study is normative, analysing data on the legal norms embedded in legislation and employing a comparative approach with the United States. The findings reveal significant differences between the two countries in addressing P2P lending defaults. In the United States, defaults are generally managed through a collection process involving an internal team and third-party debt collectors, who must comply with the Fair Debt Collection Practices Act (FDCPA). In contrast, in Indonesia, defaults may be resolved through litigation or non-litigation methods, including mediation through the Alternative Dispute Resolution Institution (LAPS). However, many defaults are not resolved through these formal channels; instead, they are handled by third-party debt collectors. This approach often leads to issues, as no specific law in Indonesia regulates debt collection practices.
Penetapan Ahli Waris Akibat Perkawinan Campuran Yang Belum Tercatatkan Sa'adah, Nur; Widodo, Guntarto
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.2023.01603.8

Abstract

The purpose of this study is to find out the case in case Number 762 K/Ag/2020, where the Panel of Judges upheld the decision of the High Court and rejected the ruling of the District Court. The considerations of the Panel of Judges are of the interpretation that a marriage will not have legal force if it is not registered, however, the nature of the registration is only administrative. This normative study examines the rule of law, legal principles, legal doctrine and the existing legal system in our country. It is important to examine the validity of mixed marriages that have not been recorded and the legal consequences of mixed marriages that have not been registered.
Legal Implications of Consumer Personal Data Misuse by OJK Licensed Fintech Lending Operators Tektona, Rahmadi Indra
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.2024.01701.3

Abstract

The Financial Services Authority (OJK) has released a list of registered and licensed fintechs. The Investment Alert Task Force has taken firm action against illegal fintech lending that has the potential to break the law, along with the Indonesian National Police and the Ministry of Communication and Information. Privacy is violated when personal data are collected and shared. In the misuse of fintech lending consumer personal data, consumer rights are violated, and the loss is in the form of immaterial compensation. The legal implications are not only legal consequences with violations committed by the organizer, which result in the imposition of sanctions by the state. This normative legal research uses statutory, conceptual, and comparative approaches with a deductive-analytical method to explain the importance of regulating of personal data consumer protection on fintech lending operators.

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