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Nur Aida; Rayyan Firdaus

Jurnal Ilmiah Ekonomi, Akuntansi, dan Pajak 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Because interest-bearing deposits are not allowed by Islamic Sharia rules and principles, Islamic banks generally collect deposits in the form of profit-sharing investment accounts. These accounts differ from conventional deposits not only because of the profit-sharing nature of the returns they offer but also because the relationship between the customer and the bank is not a debt contract, so these deposits are not considered 'fixed capital.' (artinya, nasabah dapat menerima hasil negatif atau kerugian). This last characteristic poses serious regulatory issues in jurisdictions where bank deposits are legally required to have a definition of 'certain capital.' In general, the presence of such 'risk-bearing instruments' in the capital structure of Islamic banks complicates the assessment of their capital adequacy. Moreover, the fact that profit-sharing investment account holders are a type of equity investor without the governance rights held by creditors or shareholders poses a significant oversight problem. This article explains these issues in more detail and proposes a solution in the form of a structural distinction between Islamic banks in the narrow sense on one side, and entities managing profit-sharing investment accounts on the other.

Aida Efendi; Carina Septiani; Saidah Syakira; Taura Zilhazem; Wismanto Wismanto

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Usury is one of the concepts that is forbidden in Islamic law and has a significant impact on the economy of individuals and society (Arafah et al., 2019). The background of this study focuses on the importance of a deep understanding of usury to build awareness of its economic implications. The purpose of this study is to identify and explain the types of usury, as well as to understand the legal basis that prohibits the practice in the Qur'an and Hadith. The research method used is a qualitative method based on literature review, by analyzing primary and secondary sources related to Islamic law and sharia economics. The results of the study indicate that usury consists of several categories that have different implications, and the application of the law on usury can encourage the development of a fairer financial system. The discussion includes an analysis of the social and economic impacts of usury practices, as well as alternative sharia financial products that can be applied to replace usury. This study is expected to contribute to public understanding of usury and encourage the implementation of sharia principles in the modern economy.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Azmi Fauziyah; Rizki Anafis; Yusna Kamila Firdausi

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

This study explores the comparative analysis of civil rights between citizens and non-citizens, examining various regulations and their implementation in different countries. Citizenship often determines an individual's access to various civil rights, such as property ownership, access to justice, and contract rights. These differences in treatment can create injustices and discrimination against non-citizens. The study employs a normative legal approach with comparative and case study methodologies, focusing on regulations in Indonesia, the United States, Germany, and Japan. The findings reveal that in Indonesia, non-citizens face restrictions on property ownership, while in the United States and Japan, although regulations are more flexible, there are still limitations related to strategic or sensitive properties. In Germany, immigrants and asylum seekers often encounter greater legal barriers to accessing justice. Conversely, in countries like the United Kingdom and the United States, although there are no formal restrictions on contracts for non-citizens, they may face practical difficulties in accessing the necessary services to fulfill contractual obligations. The study recommends the need for more inclusive legal reforms to reduce inequalities and discrimination, and to enhance access to justice and civil rights for non-citizens. Additionally, strengthening legal aid services and international cooperation in civil law are suggested to ensure fair protection of rights for all individuals. The findings contribute significantly to the international civil law literature and provide valuable insights for policymakers in developing more equitable and sustainable policies in the era of globalization.

Shafiyyah Tamala Yunfa; Dhea Amalia Khofivantunnisa

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This article discusses the issue of disabled people as victims of sexual violence and how the law in Indonesia protects disabled people. The number of disabled people in Indonesia has increased from year to year. This triggers the vulnerability of disabled people as victims of sexual violence because of the physical, mental and social barriers they have. Persons with disabilities are among the parties who have the right to obtain legal assistance under the law. Even though there are laws that regulate the protection of disabled people, in reality there are still victims of sexual violence against disabled people who are neglected. This proves that there are still many challenges in providing legal assistance to crime victims with disabilities. Normative juridical research method with a statutory approach. The importance of states in providing the necessary resources and training for legal aid agencies to support victims with disabilities, to ensure that victims with disabilities are aware of their legal rights, and to ensure that law enforcement officers are trained to handle cases involving victims with disabilities disability. So that people with disabilities can feel justice and security in living their lives in this legal country, Indonesia.

Ahmad Muhamad Mustain Nasoha; Iswatun Khasanah; Syaira Nadhifa Aushaf; Ismi Nur Hidayah; Ashfiya Nur Atqiya

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The regulation of protection during armed conflicts is greatly aided by the distinction between the rights and protections granted to combatants and non-combatants under International Humanitarian Law (IHL). Nonetheless, there hasn't been much discussion in the literature about how nationality affects how these legal safeguards are applied. This study attempts to investigate how fighters' and non-combatants' rights and safeguards under IHL are impacted by nationality. The results show that nationality can have a substantial impact on the legal status and level of protection that individuals receive, regardless of whether they are combatants or not. This research examines obstacles to the application of legal safeguards and illustrates how nationality influences their implementation using case studies of the crises in Syria and Ukraine. The study suggests that within IHL, precise standards on nationality be developed.

Zahra Adelia

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The collaboration between DPC PERADI Surabaya and the Surabaya City Government in providing free legal assistance is an interesting example of synergy between the public and private sectors. This research analyzes the collaboration model that was built, the obstacles faced, and its impact on government governance and fulfilling the rights of underprivileged citizens. The research results show that this collaboration model is effective in increasing the efficiency and effectiveness of legal services. However, a stronger coordination mechanism is needed to ensure program sustainability.

Yayu Mederlin Nenotek; Aksi Sinurat; Heryanto Amalo

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze  a victimological review of the victim's role related to the threat and spread of video call sex in dating relationships. This research is a research supported by an approach using primary data in the form of interviews and secondary data in the form of books, legislation, the internet, dictionaries, articles or newspapers obtained using the interview method and document studies, the data that has been collected is processed and analyzed using coding, processing and cleaning techniques and analyzed in a qualitative descriptive manner in describing the results of the research. The results of the study show that (1) The occurrence of VCS in dating relationships does not only occur due to the will of the perpetrator, but there is also a role of the victim in it (2) Legal protection efforts are given to VCS victims, namely legal aid, health assistance and the provision of rehabilitation.

Dilla Fitria; Sri Agustina Meliala; Aida Sulisna; Alfred Nehe

Journal of Educational Innovation and Public Health 2024 Pusat Riset dan Inovasi Nasional

There are eight different uses for medical records: administrative, legal, financial, research, educational, documentation, public health, planning, and marketing. This study aimed to determine the relationship between knowledge about medical records use value and the behavior of filling out medical record documents by nurses in inpatient room at Mitra Medika Hospital Tanjung Mulia Medan in 2023. This is quantitative research with analytic survey design and used cross sectional approach. The statistical test used spearman rank test. The population in this study were all nurses who worked in Inpatient Room of the Hospital with 89 people and all were sampled. The results of Spearman rank test with a confidence level of 95% or alpha (a) = 0.05 obtained a p value = 0.002, it can be concluded that there was a significant relationship (meaningful) between knowledge of the use value of medical records and the behavior of filling out medical record documents. The correlation coefficient obtained through the Spearman rank statistical test or r value was = 0.319. According to cross tabulation, the results of data analysis (statistical test) are p value (significant value) = 0.002 a = 0.05, indicating that there is a meaningful relationship (significant relationship) between knowledge of the value of using medical records and the practice of filling out medical record paperwork. It is suggested that in order to improve the accuracy of filling up medical record documents, respondents broaden their understanding of the importance of medical records and their use by reading books, articles, and other reading materials.

Ibrani Arianto Dite; Rudepel Petrus Leo; Bhisa Vitus Wilhelmus

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

study aims to find out and analyze the factors that cause legal aid institutions to not be verified as legal aid institutions to the poor and the obstacles faced by legal aid institutions in providing non-litigation legal aid in the form of legal counseling to the poor obtained through interviews and observations and empirical juridical, namely those obtained through interviews and literature research. The results of the study show: (1) the factors that cause legal aid institutions to not be verified as legal aid institutions to the poor include: legal factors, law enforcement officials, infrastructure factors, community factors and cultural factors (2) obstacles faced by legal aid institutions in providing non-litigation legal assistance in the form of legal counseling to the poor, which include: internal factors and external factors.

Geofani Milthree Saragih; Rengga Kusuma Putra; Muhamad Rezky Pahlawan MP

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Urban green-space conflicts have emerged as a significant challenge for marginalized communities, exacerbating existing social and environmental inequalities in cities undergoing rapid urbanization and environmental transitions. This study explores the dynamics of access to justice for marginalized groups in the context of urban green-space conflicts, focusing on the barriers they face and the enabling factors that improve their ability to access legal remedies. Through a socio-legal research design, data was collected using surveys, case reviews, and stakeholder interviews, which were analyzed to identify key physical, socio-economic, and institutional barriers that hinder equitable access to green spaces. Findings revealed that marginalized communities often experience physical barriers such as limited proximity to green spaces, socio-economic disparities that prevent them from accessing legal resources, and institutional constraints, including discriminatory urban planning policies. Despite these challenges, enabling factors such as legal aid networks, participatory forums, and inclusive urban planning policies emerged as crucial elements in improving access to justice for these communities. Moreover, the study examined the impact of social and environmental transitions, such as urbanization and climate change, on justice outcomes, showing that these transitions can either exacerbate or alleviate barriers depending on how policies are implemented. The study emphasizes the need for policy reforms that promote equity in urban planning and legal aid systems, ensuring that marginalized communities are included in decision-making processes. Future research should explore the impact of environmental justice policies in global contexts and investigate new legal frameworks to address the specific needs of vulnerable populations.

Andes Robensyah; Citra Nasir; Nicat Kamran Mammadov

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Urban green-space conflicts have emerged as a significant challenge for marginalized communities, exacerbating existing social and environmental inequalities in cities undergoing rapid urbanization and environmental transitions. This study explores the dynamics of access to justice for marginalized groups in the context of urban green-space conflicts, focusing on the barriers they face and the enabling factors that improve their ability to access legal remedies. Through a socio-legal research design, data was collected using surveys, case reviews, and stakeholder interviews, which were analyzed to identify key physical, socio-economic, and institutional barriers that hinder equitable access to green spaces. Findings revealed that marginalized communities often experience physical barriers such as limited proximity to green spaces, socio-economic disparities that prevent them from accessing legal resources, and institutional constraints, including discriminatory urban planning policies. Despite these challenges, enabling factors such as legal aid networks, participatory forums, and inclusive urban planning policies emerged as crucial elements in improving access to justice for these communities. Moreover, the study examined the impact of social and environmental transitions, such as urbanization and climate change, on justice outcomes, showing that these transitions can either exacerbate or alleviate barriers depending on how policies are implemented. The study emphasizes the need for policy reforms that promote equity in urban planning and legal aid systems, ensuring that marginalized communities are included in decision-making processes. Future research should explore the impact of environmental justice policies in global contexts and investigate new legal frameworks to address the specific needs of vulnerable populations.

Ghufron Maksum; Hilda Adinta Wulandari; Trinkul Kalita

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Industrialization, while often driving economic growth, has led to significant environmental degradation, particularly in marginalized communities. These populations, already vulnerable due to socio-economic and geographic factors, bear the brunt of the environmental harm caused by industrial activities. This study explores the role of social-legal instruments in mitigating ecological inequality, focusing on their ability to reduce environmental burdens and empower marginalized communities in industrializing regions. A mixed-methods approach was employed, combining environmental data mapping and legal framework assessment. The study found that social-legal interventions, including rights-based advocacy, legal aid, and community participation, significantly reduced ecological disparities. By improving access to legal resources and fostering active community engagement in environmental governance, these interventions empowered vulnerable populations to advocate for their environmental rights. Positive correlations were found between the implementation of robust legal frameworks and reductions in pollution exposure, highlighting the effectiveness of integrating environmental and social protections. However, the study also identified several barriers to the effective implementation of these instruments, including political resistance, resource limitations, and unequal access to legal support. These challenges hinder the full realization of social-legal frameworks' potential. The study concludes with recommendations for policymakers to strengthen social-legal instruments by incorporating social equity into environmental regulations and improving the resources available to marginalized communities. Further research is needed to assess the long-term impacts of social-legal interventions and their scalability to other industrializing regions, with an emphasis on enhancing both ecological and social outcomes.

Henny Suryaningsih; Asti Sri Mulyanti; Temmy Fitriah Alfiany

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research was conducted because of the background of the use of the Legal Aid Post of the Sukabumi Religious Court which was deemed not fully effective so that the author was interested in examining the services provided by the Legal Aid Post of the Sukabumi Religious Court to the Disadvantaged Community. This research was also conducted to determine the implementation of the service provision of the Legal Aid Post of the Sukabumi Religious Court. The author uses an empirical juridical method that is guided by the Law and examines directly in the field by conducting interviews. The existence of posbakum among the public is still unfamiliar and there are still many people who do not know about posbakum and use the services of advocates who require the public to pay. This results in a lack of information for the wider community about the role of the Legal Aid Post which functions as legal aid for the poor.

Niswatun Mufarrikhah; Eka Dewi Risqianti; Syifa Amalia Geanti Cahyani; Margaretha Rizky Christiana; Paras Cahyaning Tyas +1 more

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Dairi Diancam Tambang, a documentary film produced by Yayasan Diakonia Pelangi Kasih together with Legal Aid and Advocacy of the People of North Sumatra (Bakumsu). The purpose of this writing is to study the life of the people in the villages of Bongkaras and Longkotan whose people professed as farmers after the existence of mining which affected the destruction of agricultural land and river lanes source of citizens' irrigation.  This study uses library studies and methods of descriptive analysis as well as the conflict theory of Karl Marx that the struggle of the proletarians in the defense of their rights seized by the bourgeoisie. The results of the research showed that there was a conflict between the public and PT DPM regarding land management permits in the protected forest area that became the site of the underground mines, as well as public concerns about their safety due to the presence of the mining company PT D PM that is in vulnerable areas of natural disasters such as earthquakes and floods, and the expectation of the village people that the government is more attentive to how the social conditions of the people to keep the earth awake.

Rizal Firmansyah; Nanda Eka Prasetya; Vella Septia Renanda; Khomarudin Gilang Ramadhan; Arief Rachman Hakim

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Access to justice is a fundamental right of every citizen, yet the poor often face barriers in obtaining legal aid. This study aims to analyze the implementation and effectiveness of free legal aid in the jurisdiction of the Gresik District Court. This study uses a mixed methods approach, with data collection methods including interviews, surveys, observations, and document studies. The results show that most of the poor in Gresik do not understand the procedures and requirements for obtaining free legal aid. In addition, the effectiveness of free legal aid is also influenced by factors such as service quality, availability of information, and coordination between institutions. This study provides recommendations to improve the effectiveness of free legal aid, including through increased socialization, simplification of procedures, improvement of service quality, and strengthening coordination between relevant institutions. This study is expected to contribute to improving access to justice for the poor in Indonesia.

Raj Ravicky Fardenias; Frans Simangunsong

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The presence of a Whistleblower will aid law enforcement and make it simpler to unearth a criminal case of corruption, highlighting the critical role of the reporter in law enforcement. Consequently, whistleblowers should be granted legal protection by the state to ensure that their rights are safeguarded. Additionally, the state should recognize and reward those who blow the whistle on wrongdoing in order to show its gratitude for their assistance to law enforcement and their role in safeguarding the nation. So, a number of issues will be addressed by this study. Whistleblowers in Indonesia are legally protected from criminal prosecution in instances of corruption. (2) Procedures established by legislation within the context of criminal law to protect those who blow the whistle on corrupt officials. Normative methodologies derived from previously published books and papers are used in this study.

Aida Fatma; Lego Karjoko

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Villages play an important role in realizing development and community welfare, which is supported by the issuance of new statutory policies, namely Law Number 6 of 2014 concerning Villages. This law aims to accelerate rural development, improve the welfare of village communities and equalize development in Indonesia. Apart from that, this law is also the basis for granting the broadest possible authority to village or village governments to regulate their own areas as autonomous villages. To achieve this goal, the government since 2015 has disbursed village fund budgets to every village throughout Indonesia. This research uses normative legal research methods, using a statutory approach. This research reveals that community participation in Tanjungsari Village in every village fund management shows optimal participation. At the planning stage, community participation can be seen during the musdus and musdes determining village expenditure priorities, at the implementation stage, community participation takes the form of property participation and mutual cooperation participation and participating in various training programs properly, and at the accountability stage, the community participates during the LPJ APBDes deliberations. Community participation in managing village funds in Tanjungsari Village is at the fifth level of participation, namely placement according to Arnstein's theory or the degree of Tokenism.

Meinita Wulansari; Sri Atikah; Anggun Sasmita; Lisa Ardiningtyas

Jurnal Ventilator: Jurnal riset ilmu kesehatan dan Keperawatan 2024 Stikes Kesdam IV/Diponegoro Semarang, Indonesia

Maternal health issues refer to reproductive health issues, including comprehensive information and education on sex, contraception, access to legal and safe abortion, sexually transmitted diseases, and HIV/AIDS diagnosis. The high MMR and low understanding of reproductive health are indicators of the government's weakness in protecting and implementing the reproductive health rights of citizens. This study aims to find out how the influence of health promotion on adolescents' knowledge about reproductive health. The method used in this study is a type of literature study research. The results of the study convey that health promotion affects adolescents' knowledge about reproductive health. Adolescent reproductive health is a healthy situation that affects the organs, functions, and reproductive efforts of an adolescent. What is meant by health here is not only being free from illness or disability, but also mental, social, and cultural health. Adolescents are at high risk of various sexual and reproductive health problems, including the risk of unwanted pregnancy, the risk of sexually transmitted infections (STIs), including HIV/AIDS, unsafe abortion, and sexual violence.

Mochamad Aidil Adam; Yudho Taruno Muryanto

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to determine the legal protection of performer song creators for the use of created songs that are commercialized without permission by the concert organizer. This research was conducted with juridical-normative research, which is sourced from primary legal materials from laws and regulations, while secondary data is obtained from written legal materials such as scientific journals, books, scientific articles, laws and regulations, and other related literature materials. The results of this study show that legal protection for song creators has been regulated in Law Number 28 of 2014 concerning Copyright. The protection provided by the UUHC to songwriters who are performers has not provided maximum protection. Therefore, it is necessary to regulate the intellectual property rights of performer songwriters and non-performer songwriters.

Shara Anjani; Sumiati Sumiati; Muhammad Fajar Hidayat

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

This article explores the judicial considerations and decisionmaking process regarding a petition for gender reassignment at the Batam District Court, exemplified by Case Number 176/Pdt. P/2024/PN Btm. The analysis encompasses legal aspects, presented evidence, principles of justice, and the societal impacts of the court's decision. The study utilizes a descriptiveanalytical approach to examine the legal framework, notably the Law No. 24 of 2013 on Population Administration, and evaluates medical and psychological evidence supporting the petitioner's gender identity. Additionally, comparative analysis of previous cases aids in understanding the application of Indonesian law concerning gender reassignment. The conclusion emphasizes the importance of a fair and legally sound decision that respects societal norms and ensures equitable outcomes for all stakeholders