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INDONESIA
Law and Justice
Published by Universitas Muhammadiyah Surakarta
ISSN : -     EISSN : 25498282     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Law and Justice e-ISSN:2549-8282 is a publication which contains information, communication, and development of law science. This journal discuss about legal studies which are the result of research in the field of law to promote the value of transedental, the value of nationalism, and the values of democracy and Pancasila.
Arjuna Subject : -
Articles 150 Documents
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Product Renewal in the Field of Family Law in Indonesia Sugitanata, Arif
Law and Justice Vol 6, No 1 (2021)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v6i1.10699

Abstract

This article discusses the product of the family law renewal in Indonesia. Family law is a law that has provisions in the area of munakahat and mawaris. The main focus of the study of this article is why there is family law renewal and what are the products of family law renewal in Indonesia. By using a literature study which materials and data in its arrangement use books and journals related to renewal products in the field of family law in Indonesia, then the data used in this study is a qualitative study, then the method used is descriptive-analytical. found that the appearance of Islamic law renewal, especially in the realm of family law, which developed in this era, in the view of Islamic jurists in Indonesia, is due, first, to fill the legal vacuum caused by the existing rules in classical fiqh books that have not been regulated where the times always demand new rules to answer issues that continue to develop in society. Second, the demands of the modern era of economic development, science and technology which are completely sophisticated. Third, demands for changes in various fields so as to provide space for Islamic law to become a reference in formulating national law. Fourth, demands for renewal of Islamic legal thought from international Islamic jurists to national Islamic jurists, one of which is related to science and technology and issues of gender equality. Then the products of family law renewal in Indonesia are divided into two scopes, namely munakahat and mawaris, where part of munakahat itself includes marriage registration, minimum age restrictions for marriage, the role of marriage guardian, polygamy, interfaith marriage, dowry in marriage, hadhanah and pledge of divorce. Whereas in mawaris includes substitute heirs and wajibah escrow.
Village Funds After the Emergence of the Village Law (Study of the Use of Village Funds in Providing Cash Direct Funds ‘BLT’ in Kelet Village during the Pandemic) Nugraha, Rokhman Adi Putera; Enggarani, Nuria Siswi
Law and Justice Vol 6, No 1 (2021)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v6i1.13409

Abstract

Objective: Knowing the basis for implementing the use of village funds in providing Cash Direct Funds (BLT) in Kelet Village and examining the effectiveness and barriers to using village funds in providing Cash Direct Funds in Kelet Village as well as the criteria for Cash Direct Funds recipients in Kelet Village.Method: The research method used is a normative model with a statutory approach with descriptive analysis in nature. Types and sources of data were obtained from the results of an inventory of literature studies on official documents of laws and regulations related to Cash Direct Funds. The data collection method uses the literature study technique, which is carried out by searching, recording, taking inventory, and analyzing the material content data from the body and previews contained in the statutory regulations related to Cash Direct Funds. The data analysis model uses a deductive thinking pattern in order to draw a conclusion.Finding: In Kelet Village, a cash direct funds program has been implemented which has been legalized through Village Head Regulation No. 6/2020 About Village Cash Direct Funds to Beneficiary Families Due to the COVID-19 Pandemic. The Village Head Regulation applies because there is a regulatory order from Law No. 2/2020 concerning Stipulation of Government Regulation In Lieu of Law No. 1/2020 concerning State Financial Policy and State Financial System Stability for Handling the COVID-19 Pandemic and its derivatives which include: Minister of Finance Regulations, Village Government Regulations, and Ministry of Home Affairs Instructions for the implementation of Cash Direct Fund.Novelty: This research was conducted because of a policy that was passed by the government during the COVID-19 pandemic, which caused a lot of misunderstanding for the public in responding to applicable policies.
Implementation Of Laws On The Criminal Jurisdiction System Using A Restorative Justice Approach (A Case Study at ‘Aisyiyah Legal A id Institute, Central Java) Aripin, Zaenal
Law and Justice Vol 5, No 2 (2020)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v5i2.11267

Abstract

This article aims to determine the implementation of the juvenile criminal justice system law in upholding child criminal law in Surakarta, explain the process of assistance for victims and child offenders who are dealing with the law with a restorative justice approach in the form of diversion, and explain the obstacles found LBH (Legal Aid) 'Aisyiyah Central Java in law enforcement which acts as a child crime in Surakarta. This study uses an empirical approach. This research was conducted by examining primary data in the field, namely LBH Aisyiyah Central Java in the form of facts about the results of research directly at the research location and the results of interviews with members of advocacy organizations at LBH 'Aisyiyah, Central Java and in the Legal and Human Rights Council of' Aisyiyah Regional Leaders. Central Java and secondary data. The results showed that based on the results of the study in 10 criminal cases committed by children who were resolved by diversion in Surakarta, they had fulfilled and were in accordance with the Articles regulating diversion in the SPPA Law.  Whereas the concept of diversion has been running in Surakarta with many determinations of the results of a diversion agreement between the families of the victims and the families of the perpetrators and also LBH (Legal Aid) or related LSM (Non-Govermental Organization)  for crimes committed by minors. So that the application of the Law on Juvenile Criminal Justice System in law enforcement of child criminal acts has been running quite effectively.  Keywords: SPPA Law, diversion, restorative justice, Surakarta
Execution of Guarantee Confiscation by Islamic Financial Institutions without Litigation Process: A Case Study in Magelang Miswanto, Agus
Law and Justice Vol 6, No 1 (2021)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v6i1.12651

Abstract

This study attempts to analyze the execution of guarantee confiscation of objects carried out by the Islamic Financial Institutions (LKS) in Magelang. This study uses a statutory approach (statue approach) which is descriptive qualitative by collecting data using the depth interview method. The results of this study indicate that the Islamic Financial Institutions in Magelang in the process of executing collateral do not use litigation, but non-litigation processes. Non-litigation processes used by Islamic Financial Institutions in Magelang is negotiation (consensus) amicably to execute the guarantee. The main reasons for using non-litigation processes, because it is cheap, simple, does not take time, and is friendly. From the findings of this study, the principle of kinship in negotition is still very important and useful for alternative dispute resolution (ADS)
Actualization of The Election Supervision Institutions Role in The Recondition of The Post Dynamics of Dispute Dynamics 2019 Cahyaningrum, Rima Cantika
Law and Justice Vol 5, No 2 (2020)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v5i2.9632

Abstract

This article aims to analyze the impact of the dynamics of the 2019 General Election (Pemilu) dispute and provide an idea of restoring the image of the election in society after the contestation conflicts that have occurred. The method used in this research is descriptive method to present a complete overview of the social setting for exploration and clarification of a social phenomenon or reality. In this case, this is a negative overview because of the 2019 election dispute, by describing a number of variables with respect to the problem and the unit studied between the phenomena being tested. The results of the research show that the holding of elections as one of the steps in realizing a democratic state has become a chaotic political event because some of the methods taken by election participants are to discredit other participants to get votes. This method not only brings a bad overview not only to the participants, but also to the implementation of elections that can result in disruption of security and stability in the condition of society in Indonesia. The novelty of this research is the need to optimize the role of the election supervisory institution as one of the election organizers to improve a good overview of democracy
Impact of Structured, Systematic and Massive Violations In the General Election Mahyudin, Mahyudin; Haryanto, Edy; Marsinah, Rahmah
Law and Justice Vol 5, No 2 (2020)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v5i2.11811

Abstract

Authority in resolving disputes regarding the results of general elections is the authority of the constitutional court granted by the constitution. While the authority in resolving violations is structured, systematic and massive is the authority of the electoral supervisory body granted by law. In the dispute over the results of the general election, which was decided by the constitutional court, the constitutional court did not have the authority to test the petition filed on the basis of a structured, systematic and massive violation because the constitutional court only based on the dispute over the results as intended in its authority. The court verdict has been in accordance with the authority held according to the original instruction given by the constitution, which wants the implementation of elections that are sovereign and carried out on a direct, public, free, confidential, honest and fair basis.
Restorative Justice in Criminal Acts of Corruption pratama, Vega
Law and Justice Vol 6, No 1 (2021)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v6i1.12541

Abstract

This article intends to elaborate the model of corruption crimes resolved in a system of restorative justice that occurs in the State of Indonesia. This article emphasizes that efforts to eradicate corruption are not merely to provide punishment for those who are proven with the most severe punishment, but so that all countries that are caused by acts of corruption prevention can be returned in a short time. Technically, this study finds that there are 3 (three) conditions that cause the loss of the unlawful nature of a criminal act of corruption, namely: the suspect or defendant is disadvantaged; the state is not disadvantaged; community served. Based on the three conditions illustrate if the criminal act of corruption has returned the entire proceeds of the criminal act of corruption along with all the profits obtained from the results of the criminal act of corruption by the criminal act of corruption then basically the perpetrator is disadvantaged, the country does not suffer financial losses and the public can be served through returning all proceeds of corruption and all the benefits thereof. As a consequence, in order to create a restoring judicial process, this article desires to reduce the socio-economic burden of the state and law enforcement energy in handling cases of corruption.
Policy Review On Returning Protected Area East Coast Of Surabaya Herdinawati, Betty
Law and Justice Vol 5, No 2 (2020)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v5i2.8000

Abstract

This study aims to identify steps to restore the function of the protected area of East Coast of Surabaya (Pamurbaya) by the government, to analyze the impact on the fulfillment of the rights of the people residing at Wisma Tirto Agung Phase IV, and to analyze the impact caused by evictions. This study used a qualitative analysis method with sociolegal research type, as well as an empirical juridical approach. The data used are primary data sourced from interviewers and other secondary data. This research was conducted on the basis of a violation of the sale and purchase of land plots which continued with the construction of residents' houses in the protected area of East Coast Surabaya (Pamurbaya), namely in Gunung Anyar District, Rungkut District, Sukolilo District and Mulyorejo District. The results of this study indicate that the Surabaya Municipal Government has not provided a clear solution to the cases that occurred so that the residents of Wisma Tirto Agung stage IV continue to live in their respective homes. The plan to return the function of the protected area by means of eviction is still in the assessment stage because the Surabaya City Government cannot decide to evict without paying attention to the rights of the community to have a proper place to live. In carrying out evictions, of course there are impacts that arise from psychological, economic, and social aspects. Keywords: Protected Area, Right to House, Eviction
Tracking Democracy In Islam Junaidi, M.; Sudaryono, Sudaryono
Law and Justice Vol 5, No 2 (2020)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v5i2.12489

Abstract

This paper aims to answer the question “Is democracy in conflict with Islam?” This paper also discusses the values contained in democracy. This paper uses a normative legal research method that is descriptive and analytic to describe the implementation of government systems and political systems in Islam. Then analyze it with democratic values as a system of government and a political system. The research results obtained a brief description of democracy as a political system and government system in the era of the Prophet and the era of Khulafaturrasyidin to determine the democratic values contained. In the end, this paper is one of the answers to the discourse that has been a growing polemic between democracy and Islam.
Malpraktik Medik dan Pertanggungjawaban Hukumnya: Analisis dan Evaluasi Konseptual Susila, Muh Endriyo
Law and Justice Vol 6, No 1 (2021)
Publisher : Muhammadiyah University Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v6i1.11425

Abstract

Although medical malpractice is not really new phenomenon in Indonesia, nevertheless dealing with medical malpractice cases is confusing to some extent. The absence of statutory definition of medical malpractice leads to confusion on how to handle it. This paper aims at elaborating the concept of medical malpractice and its liability. In addition, misconception on medical malpractice liability will also be evaluated. This normative legal research relies on secondary data and employes both statutory and comparative approaches. It is found that there has been misconception on medical malpractice in Indonesia. The misconception takes place not only to the lay persons, but also among academicians and law enforcement agencies. This misconception has led to confusion on how to establish medical malpractice liability.  

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