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INDONESIA
Jurisprudence
Published by Universitas Muhammadiyah Surakarta
ISSN : 18295045     EISSN : 25495615     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Jurisprudence is an academic journal published twice a year by the Magister Law Program of Universitas Muhammadiyah Surakarta. This journal was first published in 2004. The journal, intended as a communication, information, and development medium of law focuses its content on the results of studies in the field of law, conducted through a variety of known paradigmatic perspectives.
Arjuna Subject : -
Articles 237 Documents
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Legal Accountability of Recording Transparency in Village Fund Financial Reporting Atrya - Yusnidhar; Harun Harun; Aidul Fitriciada Azhari
Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i2.16384

Abstract

Objective: This article aims to find out the legal accountability of recording transparency in village fund reporting, especially in Gatak Village and Krecek Village, Delanggu District, Klaten Regency, knowing what obstacles are hamper to realizing transparency in recording and reporting village funds.Method: This type of research is empirical or sociological research. Empirical research is a type of research that is used to solve problems by examining secondary data first and then proceeding with conducting primary data research in the field and the application of law in society. The writing method used in this research is descriptive research. Findings: Transparency of Recording and Reporting of Village Funds of Gatak and Krecek Villages, to realize good governance, this has been proven by the accountability reports and the results of interviews that have been carried out by the authors in accordance with existing mechanisms based on Law No. 6 of 2014 concerning Villages, and Minister of Home Affairs number 113 of 2014. About Guidelines for Regional Financial Management. From the interviews, it was found that there were weaknesses in terms of delays in funds coming down from the center, and this would also result in a delay in activities along with existing recording and reporting, in addition to the lack of maximizing technology resources in order to fulfill transparency to the public of existing human resources, but these obstacles are still able to be resolved and do not interfere with the performance of the village government for the better.Purpose: This research is expected to be able to contribute ideas in the development of legal science, especially state administrative law, especially regarding the implementation of good governance at the village level. This research can know the recording and reporting mechanisms to achieve transparency in village fund financial reporting, and can provide the views of readers and writers who have problems with similar problems, also determine the author’s ability to apply the knowledge that has been obtained.Novelty: Different from previous research, this paper has differences that emphasize more on the role of village officials in legal responsibility in the transparency of recording and reporting village funds.
Sexual Exploitation of Children in the Digital Age in the Victimology Perspective Marisa Kurnianingsih; Khudzaifah Dimyati; Kelik Wardiono; Absori Absori
Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i2.16030

Abstract

Purpose: This study aims to determine the criminal law policy on sexual exploitation in Indonesia and discover the current legal policy from the perspective of victimology.Methodology: This study is based on doctrinal legal research or normative juridical procedures with a legal perspective in the traditional sense of “law in the book”. Normative legal research is essentially a legal research library in which the author studies the legal principles beginning with specific sectors of the legal system and the identification of legislatively enacted legal norms.Results: The findings revealed that the criminal law policy on sexual exploitation in Indonesia and the current legal policy from a victimology view, comprising the legal protection from Law Number 21 of 2007 concerning the Crime of Trafficking in Persons, Law Number 23 of 2002 concerning Protection Children, and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, have attempted to fulfill the rights of victims, although a detailed explanation of legal protection efforts has been more based on the child protection law. Moreover, according to victimology, focusing on victims, criminal law policies addressing incidents of human trafficking or, more specifically, commercial sexual exploitation of children have prioritized victims’ interests.Benefits: This study was designed to serve as a reference for the government and parties concerned with Indonesia’s criminal law policy on sexual exploitation and its current legal policy from a victimology viewpoint. It is intended to result in law enforcement being more equitable and capable of combating sexual exploitation in the digital age.Novelty/Originality: Regarding responsibility for certain sorts of child sexual exploitation, the child protection legislation is more onerous than the trafficking statute in terms of penalties and threats. The two laws have endeavored to uphold victims’ rights in legal protection. However, the child protection statute includes a more extensive description of the legal protection measures. According to victimology, focusing on victims, criminal law policies addressing incidents of human trafficking or, more specifically, commercial sexual exploitation of children have emphasized victims’ interests
Constitutionality of Indigenous Law Communities in the Perspective of Sociological Jurisprudence Theory Sapto Hermawan; Muhammad Rizal; Farchana Haryumeinanda; Yella Hasrah Cahya Oktiviasti
Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i2.12998

Abstract

Objective: This study aims to determine the existence and position of customary law communities in Indonesia and to examine how the constitutionality of customary law in Indonesia is from the perspective of sociological jurisprudence.Method: The method used in this research is a normative juridical approach which is focused on examining various kinds of laws and regulations and theoretical concepts. In this study, researchers examine the 1945 Constitution of the Republic of Indonesia, Law No. 41 of 1999 concerning Forestry, until the Constitutional Court Decision No. 35/PUU-X/2012 concerning Customary Forests, while for the theoretical conceptual approach the researcher examines the concept of customary law, and the concept of customary law communities and their relation to the concept of sociological jurisprudence.Finding: The results of the study show that the concept of customary law as part of the State of Indonesia when viewed from the perspective of Sociological Jurisprudence as a law that grows and lives in society. Juridically, the traditional rights of indigenous and tribal people are also constitutional rights because they are stated in the constitution, as emphasized in Article 18 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, in relation to sociological jurisprudence, the new positive law will be effective if its implementation is appropriate and contains the principles that live in society. The gravity of the law is not found from the law itself, but from the community. So it is proper that the content and protection and recognition related to the existence of customary law are regulated in laws and regulations.Usage: This article can provide input for policy makers, especially the central and local governments regarding the urgency of the formation of a draft law on customary law communities, where the law is expected to provide legal protection to the rights of indigenous peoples because indigenous peoples have existed long before the Republic of Indonesia was formed so that its existence was recognized in the Constitution.Novelty: Legal certainty regarding the constitutionality of customary law in Indonesia is particularly important for indigenous peoples, and extremely useful for recognizing the existence of indigenous peoples in Indonesia. Determining the constitutionality of customary law in Indonesia in the perspective of sociological jurisprudence will ensure legal certainty in relation to customary law, which until now there are no explicit rules governing customary law in Indonesia.
IJARAH AND RIBA IN THE SHARIA CARD: Analysis Of ‘Illat Hukmi Of Sharia Card In The Adz-Dzari’ah Perspective Syaifuddin Zuhdi; Dania Nalisa Indah; Dewati Candraningtyastuti; Tsurayya Shafa Kamila
Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i2.15307

Abstract

Purpose: This article aims to analyze whether the imposition of ijarah (membership fee) in the sharia card belongs to the practice of usury, which will later affect Adz-Dzari’ah’s view of the permissibility of using sharia card.Method: This research employed a normative method by obtaining information from various scientific literature sources as well as national and Islamic law materials.Findings: Indonesia allows sharia card usage based on the concept of Adz-Dzari’ah following the ‘illat (legal or basic cause) attached to establish the banking products. In addition, it is also considered whether, in practice, there are also some acts considered usury, especially in the addition of fees due to ijarah imposed by the issuer on the user.Practicality: This article is intended for academics and practitioners in Islamic economic law, especially for sharia banking activists.Novelty/Originality: In essence, ijarah can be utilized as a variable to influence one’s opinion on Islamic law from a sharia perspective since the advantages exceed the risks, and it is preferable to allow it than forbid it. However, these permits are also issued when new or revised rules are being developed or revised. Concerning procurement, not only in the MUI fatwa but also in the sharia card, the law is written to be utilized as a legal foundation binding the associated parties and providing broad legal recommendations. Additionally, it will bolster the Fath Adz-Dzari’ah position on the permissibility of using the sharia card since the specifications of its contents will almost definitely be more precise to avoid a legal vacuum.
The Job Creation Act: Implication of National Strategic Project on Regional Spatial Planning (Study in Madiun City, East Java Province) Riska Purbasari; Mohammad Jamin
Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i2.15528

Abstract

Purpose of the study: This study aims to examine the implications of implementing the National Strategic Project for regional spatial planning, especially Madiun city, after the enactment of Act Number 11 of 2020 on Job Creation.Methodology: This study is normative legal research using a statute and conceptual approaches. The research was conducted by analyzing laws and regulations as primary legal materials and expert notions/doctrine and literature studies as secondary legal materials.Results: The study results indicate that the implementation of the National Strategic Project after the enactment of Act Number 11 of 2020 on Job Creation has implications for the existence of agricultural land, environment, economic, and social aspects in Madiun City.Applications of this study: This study is expected as a consideration for the Central Government in reviewing and formulating national strategic policies that affect spatial planning in the regions. For city/district governments, this study can be used as a contribution of thought to determine the steps that need to be taken in implementing National Strategic Projects in their regions.Novelty/Originality of this study: This research has a novelty by examining the laws and national strategic policies that the government has just released in recent years. The similarity of regional characteristics between Madiun City and many cities/districts that implement the National Strategic Project can provide an overview of the implications faced by the regions.
Utilization of Land Pawning in Customary Law and Its Solutions Under Islamic Law Imron Rosyadi; Rizka Rizka
Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i2.16374

Abstract

Purpose: This research aims to ascertain the practice of land pawning as security for loans and understand its law. A land pawner utilizes the collateral and retains the proceeds. However, a land pawnbroker is not entitled to obtain the pawner’s land management results.Methodology: This study belongs to normative juridical research, examining the relevant legal provisions and their implementation in society. This research investigated problem-solving in the practice of land pawning under customary law.Findings: The findings reveal that the customary pawning practice refers to the pawner’s land position as collateral. Muslim communities sometimes commit land pawning to obtain loans. The land pawner utilizes the collateral and retains the proceeds. In contrast, the land pawnbroker receives no benefit from the pawner’s land management.Practicality: This study is anticipated to guide pawnshops and banking institutions to ensure that solutions that conform to Islamic law are developed when pawning land following customary law. Islamic law offers a solution to employ a multi-contract, not a single one, as conducted so far, among others via qard and ijarah contracts.Novelty/Originality: The solution to the land pawning issue is utilizing a multi-contract, such as qard and ijarah contracts. An ijarah contract is not a condition or ta’aluq of the qard contract, as is the case with customary law’s practice of pawning. The ijarah agreement is entered into when pawned commodities are used as a means out of the deadlock created by the practice of land pawning contracts according to customary law, which utilizes a single contract. The profit earned by the pawner is derived from ijarah. Both parties gain equally in this case; the owner of the pawned property retains ownership of the lien and receives a profit share from the rent on the land used as collateral for his obligations.
Electronic Trial At The Supreme Court: Needs, Challenges And Arrangement Nurjihad Nurjihad; Ariyanto Ariyanto
Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jurisprudence.v11i2.16348

Abstract

Purpose of thestudy: This study aims to find out about the current needs, challenges, and arragment for The Electronic Trial at The Supreme Courts. The implementation of e-court that has been running so far still causes problems, so it needs an in-depth study.Methodology: In this research, the method used was normative juridical using a statutory and conceptual approach.Results: The result of this study conclude that: first, the factual needs of the implementation of electronic trials in Indonesia cannot be separated from the social transformation that occurs in Indonesian society itself. Second, the general challenge in the implementation of electronic trials, which are trials and verdicts pronounced in court hearings that are open to the public or in public, is one part that is inseparable from the principle of fair trial. Third, the regulations related to the public trial should start from the preparation of PERMA that must obey the principle and with laws that are hierarchically higher than PERMA.Applications of this study: This research is expected to identify the challenges posed in electronic courts, and provide policy recommendations on the regulation of electronic courts in Indonesia.Novelty/ Orginalty of this study: Changes to the Law on Judicial Power must be formulated first in order to facilitate electronic court process services in the current digital era. Then, the existing PERMA needs to be adjusted to the principles of the principle of a trial open to the public in order to prevent conflicts with the laws and regulations on it.

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