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Full-Text Articles in Law

Legalization Of Waqf Forests In Indonesia: The Registration Process, Miftahul Jannah, Azila Ahmad Sarkawi, Jamilah Othman Dec 2020

Legalization Of Waqf Forests In Indonesia: The Registration Process, Miftahul Jannah, Azila Ahmad Sarkawi, Jamilah Othman

Indonesia Law Review

Waqf (Islamic endowment) is considered one of the alternative solutions to environmental problems in Indonesia. One of the examples is through the establishment of a waqf forest, a conservation initiative in the form of developing forests on waqf land. The development of waqf forests needs to pay attention to the legal side in accordance with the laws and regulations of Indonesia. Previous studies discussed the process of legalizing waqf land in Indonesia, but research about the legalization of waqf forest land is still scarce. This study aims to determine the process of legalizing waqf forests on the basis of Indonesian …


Authoritarianism In The Halal Product Guarantee Act Of Indonesia: A Contribution To An Ongoing Debate, Siti Rohmah Dec 2020

Authoritarianism In The Halal Product Guarantee Act Of Indonesia: A Contribution To An Ongoing Debate, Siti Rohmah

Indonesia Law Review

This study aims to examine the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia. The issue raised concerns opinions on or accusations of the Halal Product Guarantee Act of Indonesia reflecting authoritarianism and threatening human rights, specifically, religious beliefs. Furthermore, the discourse on authoritarianism in the Halal Product Guarantee Act of Indonesia states efforts to impose a single interpretation of the provisions in Islamic law. In this study, we investigate the validity of these allegations using a statute and conceptual approach. In this research, we determine that the claim of authoritarianism in the Halal Product Guarantee Law …


The Position And Authority Of The Aceh Shari'a Court On The Indonesian Justice System, Sufiarina Sufiarina Aug 2015

The Position And Authority Of The Aceh Shari'a Court On The Indonesian Justice System, Sufiarina Sufiarina

Indonesia Law Review

Article 27 paragraph (1) of Law No. 48 Year 2009 regarding Judicial Power states that special courts can only be formed in one of the court systems under the Supreme Court, which include general courts, religious courts, military courts and state administration courts. However, article 3A paragraph (2) of Law No. 50 Year 2009 concerning the Second Amendment to the Law on Religious Court places Shariah Court as a special court within the system of religious courts and as a special court within the system of general courts. Such positioning is inconsistent with Article 27 paragraph (1) of the Law …


Inheritance Legal System In Indonesia: A Legal Justice For People, Yeni Salma Barlinti Apr 2013

Inheritance Legal System In Indonesia: A Legal Justice For People, Yeni Salma Barlinti

Indonesia Law Review

As one of Asian countries, Indonesia has varied of cultures and religions. This variety affects positive laws in Indonesia, one of them is inheritance law. Indonesia has three inheritance legal systems, that is, adat inheritance law, Islamic inheritance law, and western inheritance law. Adat inheritance law is a norm of local adat community about inheritance. Islamic inheritance law is a norm of inheritance based on al Qur’an (Islamic holy book) and hadis (words, acts, and silence of Prophet Muhammad PBUH). In Indonesia, there are three schools of Islamic inheritance law, that is, Syafi’i’s (patrilineal) system of inheritance law (Imam Syafi’i …


Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact, Zia Akhtar Aug 2011

Constitutional Legitimacy: Sharia Law, Secularism And The Social Compact, Zia Akhtar

Indonesia Law Review

This article considers the general points relating to the application of Sharia law which challenges legislators in the political instability of a number of Middle Eastern countries. The question explored is how governments of these countries who are facing discontent can work towards constitutional governance. As an example comparison is made between the Islamic Republic of Pakistan and Indonesia with the largest Muslim populations. In Pakistan an inherited Westminster Parliamentary system with a common law codified dated at the time of the British rule is supplemented by criminal penalties as present in the Hudood ordinances. These codes enforce punishments for …


Harmonization Of Islamic Law In National Legal System: A Comparative Study Between Indonesia Law And Malaysian Law, Yeni Salma Barlinti Apr 2011

Harmonization Of Islamic Law In National Legal System: A Comparative Study Between Indonesia Law And Malaysian Law, Yeni Salma Barlinti

Indonesia Law Review

This artcile compares Indonesia legal system. The government legalized Islamic Law in national legislations, which are in effect for Muslim People. To facilitate dispute settlement, there is a relgious court to solve Islamic dispute based on Islamic Law. The Existance of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarties among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into consitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of relgious court is very important in dispute …