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Full-Text Articles in Law

Potensi Pengembangan Wakaf Saham Sebagai Objek Wakaf Baru Di Indonesia: Perspektif Hukum Islam, Fahrul Fauzi Dec 2021

Potensi Pengembangan Wakaf Saham Sebagai Objek Wakaf Baru Di Indonesia: Perspektif Hukum Islam, Fahrul Fauzi

Jurnal Hukum & Pembangunan

Share waqf is holding one or more shares owned by wakif in a company that is engaged in a field that is permitted under sharia, the profits of which are used according to the purpose of waqf both for public and private in the framework of worshiping Allah SWT. The regulation of share waqf in Indonesia is still incorporated in the provisions of waqf in general. The existence of this regulation is the result of ijtihad by Indonesian ulama who adjusts to the needs and current social conditions. Shares in Islamic law are categorized as a form of Syirkah. The …


Legal Education For The Future Of Indonesia: A Critical Assessment, Sulistyowati Irianto Aug 2021

Legal Education For The Future Of Indonesia: A Critical Assessment, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

This paper aims to analyze the extent to which higher education in law is able to prepare graduates to think critically and respond in a reform-minded way to changes in society. Legal developments have always been unable to catch up with the speed of change in society, especially due to political constraints in the law-making process. This paper aims to explain the position of legal education which attempts to bridge the gap between the law-making process, the existing normative legal system, and community development. To what extent are legal education managers open to formulating and implementing the curriculum? Is there …


Relational Social Theories And Legal Pluralism, Keebet Von Benda-Beckman Aug 2021

Relational Social Theories And Legal Pluralism, Keebet Von Benda-Beckman

The Indonesian Journal of Socio-Legal Studies

Recent sociological, anthropological, and psychological research points at a shared problem: Are humans separate and autonomous entities, or must they be seen through the lens of extended, permeable, fractured notions of personhood? This paper discusses some crucial implications for the study of law and legal pluralism. Legal orders may differ in the degrees to which personhood is taken as embedded. At the same time, notions of personhood may also be more or less bounded, with particular fields within legal orders also espousing different degrees of personal autonomy. That depends on how political preferences shape specific issues at the time legislation …


The States Position Regarding Registration Of Customary Land (Orientasi Negara Dalam Pendaftaran Tanah Adat Di Indonesia), Rikardo Simarmata Aug 2021

The States Position Regarding Registration Of Customary Land (Orientasi Negara Dalam Pendaftaran Tanah Adat Di Indonesia), Rikardo Simarmata

The Indonesian Journal of Socio-Legal Studies

Indonesian Agrarian Law syncretically aims to create a national legal unity and respecting customary rights to land at the same time. The second aim is to tolerate the diversity in national land law. In the implementation of customary land registration, these two objectives do not appear to be in sync. In fact, the first objective is very important, which causes the second goal to receive very little attention. This paper sees that the process of customary land registration shows the tensions in achieving these two objectives. The paper will explain how the Indonesian government subordinates the second objective. In fact, …


A Sociolegal Perspective To Legal Research In The Digital Field: A Methodological Proposition (Penelitian Hukum Berperspektif Sosiolegal Pada Ranah Digital: Satu Tawaran Metodologis), Lidwina Inge Nurtjahyo Aug 2021

A Sociolegal Perspective To Legal Research In The Digital Field: A Methodological Proposition (Penelitian Hukum Berperspektif Sosiolegal Pada Ranah Digital: Satu Tawaran Metodologis), Lidwina Inge Nurtjahyo

The Indonesian Journal of Socio-Legal Studies

Technological developments have brought people, capital, goods, ideas, and even laws into mobility. During the Covid-19 pandemic, technology made mobility possible. Adaptation to pandemic situations occurs by changing physical interactions into interactions in the digital space with the help of technology. These changes also bring consequences to changes in the way of society's law. For example, digital transactions no longer require the presence of a customer or online trials. The challenge that arises then is how to find the method to conduct legal research during the pandemic situation. One of the options presents is socio-legal research conducted digitally. The focal …