Ijtihad Berbasis Maqashid Syari’Ah Sebagai Pijakan Konseptual Dalam Pembaruan Hukum Keluarga Islam Indonesia,
2023
Institut Agama Islam Negeri Kediri
Ijtihad Berbasis Maqashid Syari’Ah Sebagai Pijakan Konseptual Dalam Pembaruan Hukum Keluarga Islam Indonesia, Ilham Tohari, Moh. Anas Kholish
Jurnal Hukum & Pembangunan
Many circles consider that Islamic family law in Indonesia must be renewed. But Islamic family law renewal is not an easy matter. The rejection of various parties to the Counter Legal Draft-Compilation of Islamic Law (CLD-KHI), as an effort to renew Islamic family law, become evidence of the difficulty of the renewal. Rejection of the CLD-KHI on the other hand also shows that Islamic family law reform must be carried out with approaches and methodologies derived from the tradition of Islamic thought itself. In this context, ijtihad based on maqashid syari'ah acts as a conceptual basis for the methodology of …
Subsidi Angkutan Udara Kargo Dalam Kerangka Program Jembatan Udara Sebagai Kewajiban Pelayanan Publik Di Indonesia,
2023
Faculty of Law, University of Indonesia
Subsidi Angkutan Udara Kargo Dalam Kerangka Program Jembatan Udara Sebagai Kewajiban Pelayanan Publik Di Indonesia, Muhammad Ikram Afif
Jurnal Hukum & Pembangunan
The state is obliged to subsidize cargo air transport to Air Transport Business Entities in the form of State-Owned Enterprises (SOEs) and non-SOEs. This provision is carried out by the application of public service obligation through the Air Bridge program carried out by the government through assignments to SOEs and/or private Air Transport Business Entities through the selection of other service providers in accordance with statutory provisions. This study attempts to analyze the problems related to the implementation of subsidized cargo air transport as a public service obligation based on the legal framework of public services in Indonesia; comparison of …
Model Pengaturan Kedaruratan Dan Pilihan Kedaruratan Indonesia Dalam Menghadapi Pandemi Covid-19,
2023
Faculty of Law, University of Indonesia
Model Pengaturan Kedaruratan Dan Pilihan Kedaruratan Indonesia Dalam Menghadapi Pandemi Covid-19, Fitra Arsil, Qurrata Ayuni
Jurnal Hukum & Pembangunan
Indonesia own various of legal models uses to deal with emergencies. Two emergency arrangements in the 1945 Constitution are represented by the phrase "state of danger" in Article 12 of the 1945 Constitution and the phrase " coercive importance " in Article 22 of the 1945 Constitution. Both have different characters and implications for both the power generated and the oversight mechanism. In addition, there are also emergency legal instruments based on laws, which are represented among others by the Disaster Mitigation Act and the Health Quarantine Act. Interestingly, an emergency based on this law is not directly related to …
Covid-19, Pemenjaraan Berlebihan, Dan Potensi Katastrofe Kemanusiaan,
2023
Faculty of Social and Politic Science, University of Indonesia
Covid-19, Pemenjaraan Berlebihan, Dan Potensi Katastrofe Kemanusiaan, Iqrak Sulhin
Jurnal Hukum & Pembangunan
On March 2, 2020 Indonesia recorded the Covid-19 case for the first time. Since then the trend in the number of infections has continued to increase. Likewise, the number of deaths. To anticipate the spread within the Penitentiary (Lapas), the Ministry of Law and Human Rights is releasing prisoners, through accelerating assimilation and parole. Similar policies have also been carried out by other countries in the world and are recommended by international institutions, such as the World Health Organization and the United Nations Office on Drugs and Crimes. However, the main problem behind this policy is the overcrowding condition in …
Pendanaan Pihak Ketiga (Third Party Funding) Dalam Penyelesaian Sengketa Melalui Arbitrase Dan Kemungkinan Penerapannya Di Indonesia,
2023
Faculty of Law, University of Indonesia
Pendanaan Pihak Ketiga (Third Party Funding) Dalam Penyelesaian Sengketa Melalui Arbitrase Dan Kemungkinan Penerapannya Di Indonesia, Carissa T.A. Temenggung, Yetty Komalasari Dewi
Jurnal Hukum & Pembangunan
The Third Party Funding (TPF) concept is an alternative method of funding usually applies in the dispute resolution process. Recently, the TPF concept has often been used in the process of resolving international arbitration disputes, both commercial and investment. This paper analyses the TPF concept and practices in several states, and its possible application in Indonesia. In particular, this paper discusses efforts made to regulate the TPF both in national law of several jurisdictions and in the international level, key issues within TPF in relation to the arbitration dispute resolution, and the TPF key provisions to be considered should Indonesia …
Instrumentation Of Ex-Officio Rights Of Religious Courts Judge Related To Fulfilling Children And Wife's Rights Due To Divorce,
2023
Fakultas Hukum, Universitas Bhayangkara Jakarta Raya
Instrumentation Of Ex-Officio Rights Of Religious Courts Judge Related To Fulfilling Children And Wife's Rights Due To Divorce, Adi Nur Rohman Uni, Sugeng Sugeng, Hesti Widyaningrum
Jurnal Hukum & Pembangunan
Most of divorce cases in Indonesia have a negative impact on divorced children and wives. This is due to the lack of public legal knowledge especially wives who are entangled in divorce cases so that their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights which, because of his position, he has special authority in deciding the divorce case. This research is a combination of normative and empirical juridical research by connecting the case approach and …
Innocent Until Presented,
2023
Faculty of Law, University of Indonesia
Innocent Until Presented, Aristo Pangaribuan
Jurnal Hukum & Pembangunan
This paper analyzes a practice of presenting suspects, which is a ritual that displays a suspect before the media. Until now, although it is frequently used by the police, there has been no attempt to examine such practices in Indonesia. In the criminal procedure scholarship, there is no standard term to describe it. This article will refer to such ritual as a presentation of suspects. This ritual has also been practiced around the world with different methods and has a long history, especially in the United States. This article discusses the presentation of suspects and question whether such a ritual …
Penjatuhan Kebiri Kimia Bagi Pelaku Kejahatan Seksual Terhadap Anak Dalam Perspektif Falsafah Pemidanaan,
2023
Faculty of Law, University of Indonesia
Penjatuhan Kebiri Kimia Bagi Pelaku Kejahatan Seksual Terhadap Anak Dalam Perspektif Falsafah Pemidanaan, Tunggal S, Nathalina Naibaho
Jurnal Hukum & Pembangunan
Sexual assault against children is an phenomenon that often occurs in Indonesia. The statistic shows that the number of sexual assault against children doesn't decrease significantly. Punishment is not the only way to control the number of sexual assault against children. Then, the goverment passed new regulation that regulating of chemical castration in hope of reducing the number of sexual crimes against children. However, the presence of chemical castration raises objections and differences of opinion in various circles. This research aims to determine the sentencing purpose of chemical castration and the proper sanction for imposing chemical castration in Indonesia. This …
Rgensi Meratifikasi Framework Convention On Tobacco Control (Fctc) Dalam Upaya Pengendalian Konsumsi Tembakau Di Indonesia,
2023
Faculty of Law, University of Indonesia
Rgensi Meratifikasi Framework Convention On Tobacco Control (Fctc) Dalam Upaya Pengendalian Konsumsi Tembakau Di Indonesia, Fajar Kurniawan
Jurnal Hukum & Pembangunan
The current problem of tobacco consumption has become a global issue that covers almost all aspect of life, both economic, social and community welfare aspects, especially for the health aspects because of the impact of the healt losses they cause. Cigarette consumption in Indonesia continues to experience a significant increase. Indonesia is the thrid country with the highest number of smokers in the world. Global tobacco consumption control has been stated in Framework Convention on Tobacco Control (FCTC) since 2003, but until now Indonesia has not ratified that FCTC. As part of the civilization of the international community, it is …
Model Negara Kesatuan Republik Indonesia Di Era Reformasi,
2023
Universitas Islam Negeri (UIN) Sulthan Syarif Kasim Riau
Model Negara Kesatuan Republik Indonesia Di Era Reformasi, Mahmuzar Mahmuzar
Jurnal Hukum & Pembangunan
Article 1 Paragraph (1) of the 1945 Constitution stated that the state of Indonesia shall be a unitary state, with the form of a Republic and in article 37 paragraph (5) is affirmed that the form of the unitary state of the Republic of Indonesia may not be amended. There are two kinds of unitary state, namely unitary state with centralistic system and unitary state with decentralized system. The unitary state with decentralized system has five variants, namely; (1) unitary state with centralized decentralized system; (2) unitary state with decentralized system that decentralistic; (3), unitary state with proportional decentralized system; …
Consumers' Perceptions Of Digital Privacy In The United States And Japan,
2023
Whittier College
Consumers' Perceptions Of Digital Privacy In The United States And Japan, Destiny Randle
Whittier Scholars Program
The purpose of my study is to explore the contours of contemporary consumer privacy protections derived from legislation, regulations and publicly available company policies as a way to get a better understanding of how consumer data is protected. A few examples ranging from company-based consumer protection in the United States to data breaches in Japan will be explored and examined. Finally, this paper includes a comparative survey of consumer perceptions and concerns related to personal data privacy in the U.S. and Japan. As a way to assess the degree to which digital privacy and personal data breaches have adversely influenced …
Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice,
2023
Cleveland State University College of Law
Prosecuting Gender Persecution At The Icc: Definitions, Policies, And Practice, Milena Sterio, Yvonne Dutton
Law Faculty Articles and Essays
This Article's primary goal is to highlight the International Criminal Court (ICC)'s Office of the Prosecutor (OTP)'s Gender Persecution Policy, while also demonstrating its place in the trajectory of the ICC's progress in changing the course of human history as relates to the recognition of and prosecution of sexual and gender-based (SGBV) crimes. To that end, some background is necessary to contextualize the ICC's current policy and practice as relates to the crime of gender persecution. Part II discusses the Rome Statute's unique contributions to the development of international criminal law regarding SGBV crimes, including the crime of gender persecution. …
The Effects Of Medical Malpractice Laws In The American States On Healthcare Expenditures,
2023
Bemidji State University
The Effects Of Medical Malpractice Laws In The American States On Healthcare Expenditures, Madison Fulton
Political Science Theses and Capstones
The relationship between medical malpractice laws and healthcare has been an issue battling since the early 1980s. The relationship differs among states because some states have stricter malpractice laws and others have less strict laws, which ultimately affects the healthcare costs within that state. It is argued that because of the risks of lawsuits against doctors, they tend to practice more defensive medicine, affecting health costs and lawsuit rewards. I analyze data from The National Conference of State Legislatures, The Court Statistics Project, and The Kaiser Family Foundation to assess the correlation between state tort laws and their effect on …
Contradiction Over The Application Of Corporate Liability In Corruption Court Decisions In Indonesia,
2023
*Universitas Indonesia
Contradiction Over The Application Of Corporate Liability In Corruption Court Decisions In Indonesia, Budi Suhariyanto, Cecep Mustafa
Indonesia Law Review
This paper presents and critically analyses the application of corporate criminal liability in the decisions of corruption crimes in Indonesia from 1999 to 2019. Of the seven corporate cases that have been prosecuted and convicted in this period. We identify 4 (four) corporate criminal liability models as follows. First, the corporation is accused, prosecuted, and convicted after the management has been convicted through a final and binding decision. Secondly, the corporation is excluded from the indictment but included in the sentencing. Third, the prosecution of corporate crimes negates the criminal liability of its management. Fourth, a portion of corporate criminal …
Examining The Principle Of Ignorantia Facti Excusat, Ignorantia Iuris Non Excusat In The Corruption Case Nizzadro Fabio,
2023
Universitas Indonesia
Examining The Principle Of Ignorantia Facti Excusat, Ignorantia Iuris Non Excusat In The Corruption Case Nizzadro Fabio, Simplexius Asa
Indonesia Law Review
This study was designed as a normative research based on documentary research while the data is analyzed based on the court decisions and is presented in a qualitative descriptive manner, aiming to find out the essential meaning of the teachings of ignorantia facti excusat, ignorantia iuris non excusat, and to knowing the implementation of the principles of ignorantia facti excusat, ignorantia iuris non excusat. This is in the regulations and judicial practice in Indonesia through the views of the judges in decision Number 20/Pid.Sus-TPK/2022/PN. Kpg. The study found three main conclusions, namely first, the principle of ignorantia facti …
Promotion Of Citizenship Through Migration: Taking Into Cognizance The Peculiarities Of Migrant,
2023
Alex Ekwueme Federal University, Nigeria
Promotion Of Citizenship Through Migration: Taking Into Cognizance The Peculiarities Of Migrant, Uche Nnawulezi, Hilary Nwaechefu
Indonesia Law Review
This study arose out of the growing interest in citizenship issues that have remained an intractable problem in the global migration community. The main objective this study is to examine the realities of global migration which has necessitated expansion on citizenship policies of admission, acquisition of rights, responsibilities, and interest of migrants or residents contained in statutory provisions or frameworks of migrant's country of residence. This is against the backdrop driven by the desire to create stability in the international migration system. It becomes imperative to examined the benefits and protections accorded to migrant in his place of residence which …
Choosing Not To Choose Is A Choice: A Noble Lesson Of The Baduy People In Interpreting Neutral Choices In Voting In General Elections,
2023
Universitas Indonesia
Choosing Not To Choose Is A Choice: A Noble Lesson Of The Baduy People In Interpreting Neutral Choices In Voting In General Elections, Ratih Lestari
Indonesia Law Review
Democracy can simply be interpreted as "the government of the people by the people and for the people". One of the pillars of democracy is elections, which are a means of forming power based on popular sovereignty. With elections, democracy can be run through a system that guarantees citizens the freedom to actively participate in politics. Article 22E paragraph (1) of the 1945 NRI Constitution, elections are held directly, publicly, freely, and confidentially. This means that every citizen who is already qualified has the right and freedom to choose and be selected and get the same treatment in accordance with …
The Two-Way Protective Regime Of Intangible Cultural Heritage In Armed Conflict : Application Of Modern Laws In Amalgamation With Earlier Vedic Traditions.,
2023
Universitas Indonesia
The Two-Way Protective Regime Of Intangible Cultural Heritage In Armed Conflict : Application Of Modern Laws In Amalgamation With Earlier Vedic Traditions., Shivesh Saini
Indonesia Law Review
The destruction of property has been dealt with in different conventions across International Humanitarian Law. These regulations, however, demand more clarity in light of constantly evolving warfare methods. One such aspect is the protection of digital intangible assets in several forms of armed conflict. The existing protection conferred to intangible assets is questionable and has been very little addressed in light of international law in contrast with tangible assets. Therefore, the paper seeks to demonstrate the enforceability of existing principles over intangible assets. In addition, there is explicit dependability of protection of these intangible cultural assets on cyber security. The …
Reversal Burden Of Proof In Process Of Proving Money Laundering Cases In Indonesia,
2023
Universitas Sriwijaya
Reversal Burden Of Proof In Process Of Proving Money Laundering Cases In Indonesia, Artha Febriansyah, Eva Achjani Zulfa, Muhammad Yusuf, Desia Banjarani
Indonesia Law Review
The implementation of reversal burden of proof in money laundering cases still faces obstacles that cause suboptimal and ineffective in legal enforcement. It raises a debate regarding the existence of reversal burden of proof in the proving system, particularly the proof of the crime of money laundering. Based on this background, the problems in this research are related to the regulation and implementation of reversal burden of proof in the process of proving money laundering cases and the steps that can be taken in optimizing the application of reversal burden of proof in the process of proving money laundering cases. …
An Outlook On Whether Competition In High-Voltage Transmission Line Development Is Necessary?,
2023
Cardozo International & Comparative Law Review
An Outlook On Whether Competition In High-Voltage Transmission Line Development Is Necessary?, Andrew Leahy
Cardozo International & Comparative Law Review (CICLR) Blog
Various concerns, such as climate change, supply issues, and bad actors with vast energy resources, have increased global interest in increasing power grid security and efficiency. One method to increase power grid security and efficiency that has gained popularity is using high-voltage powerlines, cables transporting energy over long distances with minimal power losses along the route. The People’s Republic of China has been at the forefront of implementing high-voltage powerlines within its borders. For example, the Changji-to-Guquan project, which began in 2019, consists of a 1,100-kV direct current line spanning 2,046 miles, “roughly the distance between Los Angeles and Cleveland.” …
