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Tri Bowo Hersandy Febrianto; Irwan Triadi

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The establishment of an ADIZ in each country is one step in maintaining the sovereignty of each country. This has been a long debate because there are no regulations outlined in international legal conventions. Until now, ADIZ Indonesia is only limited to the island of Java, so the role of ADIZ has not been effective in protecting air space which is included in the country's sovereignty. This research aims to explain the role of ADIZ as a first step in efforts to maintain state sovereignty from the perspective of international and national law. The normative juridical approach method is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations. The research results show that Indonesia needs to re-establish ADIZ not only around the island of Java but also covering the entire sovereign territory of the country.

Roselli Anjelina Lumbansiatar; Rahma Dhani Fitria Sinaga; Agatha Sofia Simanjuntak; Syuratti A Rahayu Manalu

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Inheritance law is a provision that regulates matters of property. If it is not regulated in detail, this will result in disputes within the family, even disputes will have very fatal consequences, even bloodshed between the family itself, sometimes because the influence of custom or law is still very strong. custom, namely by postponing the distribution of the heir's inheritance. To avoid this, rights are required that are recognized or granted by law and must also be attached to the person's responsibilities, if they are protected. Benefits or rights recognized or granted by law must also attach to the person's responsibilities. The method in this research is a qualitative method with a statutory approach and a conceptual approach where this writing examines statutory regulations and examines legal concepts contained in the articles contained in legal regulations, especially regarding the role of notaries in determining rights and responsibilities. the heir's responsibility from the perspective of Islamic law. In this case, the Notary has an important role in a will because they ensure its legality, validity and execution in accordance with the law. They help prevent inheritance from becoming available and ensure that the will's wishes are legally fulfilled.

Bachrul Ulum; Silvi Ivana Ramadhani

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The form of cooperation in muamalah is the leasing activity that is common in society. This transaction is basically permitted in Islam if it fulfills the pillars and conditions because not everyone is able to meet their needs without the help of others. but whether the lease is legal or still violates sharia economic law. Because many people or communities do everything possible to get money without thinking it is legal or not. The purpose of the research is to find out the review of sharia economic law on the practice of leasing rice fields with a rendeman system in the western potok hamlet of Sukowono village, Sukowono sub-district, Jember district. The research method used is descriptive qualitative research using primary and secondary data sources and data collection methods with observation, interviews and documentation. While the data analysis used is descriptive analysis, to test the validity of the data and researchers use source triagulation. From the results of this study, the lease agreement with the rice field rendeman system in Sukowono village from the perspective of Islamic economic law is not justified because it violates the pillars of Ijarah, namely Muta'aqidain which can be called mu'jir and musta'jir, namely the person who has the benefit of the Ijarah. This means that there are two actors renting rice fields based on Islamic law, there is no second party (third tenant / musta'jir shani) in the pillars of ijarah.    

M. Junaidi; Fitri Dzakiyya

Concept: Journal of Social Humanities and Education 2023 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

The main problem in this research is to examine the issue of the concept of Law Number 11 of 2020 concerning Job Creation Using a Beneficial Approach, regarding the view of Islamic Law regarding Law No. 11 of 2020 concerning Job Creation, benefits of Law no. 11 of 2020 concerning Job Creation for workers and the existence of Law no. 11 of 2020 concerning Job Creation from a Sharia Economic Law perspective. The type of research used in this research is library research. The data sources used are primary data and secondary data. The results of this research are that the review of Islamic law in Law no. 11 of 2020 concerning Job Creation is a form of preserving the soul (hifzh al-nafs) in the principles of maqashid sharia as a means of maintaining their economic rights to survive. As for the benefits of Law no. 11 of 2020 concerning Job Creation that can be felt at this time, namely: creating jobs, encouraging investment, an easier and faster licensing system, and simplified investment requirements. The value of Sharia Economic Law is viewed from Law no. 11 of 2020 concerning Job Creation, providing sharia economic growth, especially in the sharia financial industry in Indonesia such as Sharia Banks, Non-Bank Sharia Financial Industry, Sharia Cooperatives and Sharia Capital Markets, in the future there will be great opportunities in running their business.

Fawaid Fawaid

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

the types of buying and selling transactions and their implementation continue to change and certain types have become a habit of society and are very difficult to avoid without knowing the law. One type of buying and selling transaction that is often practiced is buying and selling sengon wood using a delayed logging system. In this transaction, it appears that one of the parties suffered a loss due to the delay in logging, but this was carried out voluntarily. In this case, the researcher examines the practice of these transactions from the perspective of Islamic law in order to provide legal certainty.

Nabila Zahra Siregar; Mustapa Khamal Rokan; Rahmat Hidayat

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Franchising is part of a type of syirkah where there is a partnership association and raising funds as well as the use of trademarks. This also requires the franchisor to provide rights to the franchisee in the form of scientific, marketing and administrative rights to manage the business. This obligation was apparently not carried out by the Dimsum 1000 franchise, where all obligations to provide marketing knowledge were not carried out by the franchise. In writing this essay, the author formulates a problem in the form of how to implement the Dimsum 1000 franchise business in Medan District, Medan City? How do franchisors fulfill their rights and obligations in developing the Dimsum 1000 franchise business in Medan District, Medan City? How do you fulfill the rights and obligations of the Dimsum 1000 franchise business from Wahbah Az-Zuhaili's perspective in Medan District, Medan City? In this research the author uses empirical legal research. The results of the research explain that the implementation of the Dimsum 1000 franchise business in Medan District, Medan City, goes through a business cooperation agreement procedure first. Then all the equipment for selling is provided by Dimsum 1000. However, in the marketing strategy Dimsum 1000 is considered old-fashioned and out of date. Fulfillment of the franchisor's rights and obligations in developing the Dimsum 1000 franchise business in Medan City District. Medan City does not fulfill the franchisee's rights in the form of guidance in the form of training, management operational guidance, marketing, research and development for franchisees on an ongoing basis. Fulfillment the rights and obligations of the Dimsum 1000 franchise business from Wahbah Az-Zuhaili's perspective in Medan City District, Medan City, did not happen at all. Dimsum 1000 franchise practices viewed from Wahbah Az-Zuhaili's perspective are not in accordance with the fulfillment of the concept of rights applied in Wahbah Az-Zuhaili's own view. This can be seen from not providing guidance in the form of training, operational management guidance, marketing, research and development to franchisees on an ongoing basis, which violates the rights of the franchisees themselves.

Bonaraja Purba; Riky Aulia Rachman Marpaung; Dicky Effendi; Rizky Fadly

Jurnal Ekonomi dan Keuangan Islam 2023 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This research aims to examine and analyze the legal protection given to investors in buying and selling shares in the capital market from an Islamic perspective. The research methodology used is descriptive analysis, which involves comprehensive data collection regarding the characteristics of a particular situation or symptom that contributes to strengthening the theory of Islamic capital markets. In this case, the author uses a document or literature study as a legal material collection technique, by reviewing the literature related to the research topic. This approach aims to obtain secondary data from sources such as the Quran, hadith, MUI fatwa, and relevant laws and regulations, especially Law No. 8 of 1995 concerning Capital Markets. The findings of this study reveal that the legal protection of investors in buying and selling activities in the capital market in an Islamic perspective is based on the principles of transparency and openness, the existence of a Sharia Supervisory Board (DPS), sharia audits, dispute resolution mechanisms, and the prohibition of ribawi practices or usury-based transactions.

Dewi Sri Puspiana; Muhammad Saleh; Suaib Lubis

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The guardian of the lineage is a role that must be present in a marriage to act as a marriage guardian in marrying off one's daughter. This research discusses marriage annulment due to the marriage guardian not being the biological father with the aim and purpose of this research being to find out about legal tolerance in decisions from the perspective of Islamic law and Indonesian law, and to explain the position of the guardian in the Marriage Law. In this research the author uses normative research which is qualitative in nature, namely research which is descriptive in nature and tends to use analysis whose objects are legal principles, laws, rules, court decisions and doctrine. As well as using a research approach with library research (Library) and field research with data collection techniques. This research concludes that a marriage is invalid if it is carried out by someone who is not a guardian of the lineage or a guardian judge if there is a guardian of the lineage. So if that happens the marriage will be canceled. In the view of Islamic law, canceling a marriage is fasakh, which means broken. The marriage was damaged because of a defect in the marriage process. In Decision Number 1784/Pdt.G/2023/PA.Mdn, it was found that the plaintiff's marriage guardian was his adoptive father, which in Islamic law states that the person who has the right to be the marriage guardian is the nasab guardian. His adoptive father admitted to the KUA that it was true that he was the biological father of the plaintiff and that he did not know the law that if a marriage is not with the guardian of one's lineage, the marriage is annulled because there is a legal defect in it. The judge's decision in this case was correct, because the defendants consisted of the husband, the chairman of the KUA, and witnesses to all the truth that happened. As stated in Article 1925 of the Civil Code: "A confession given before a judge is perfect evidence against the person who gave it, either personally or through someone who is given special authority for that purpose."    

Khoiron Badrul Aini; Didik Iswahyudi; Suparno Suparno

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

The spread of psychotropics is starting to become widespread among teenagers, the abuse of psychotropics is an action that is not permitted both from a health and legal perspective. This research aims to find out how widespread psychotropic abuse is in Pulo village and how efforts are made to prevent psychotropic abuse. This research uses a qualitative approach and an interactive qualitative research type. The data collection techniques used were observation, interviews and documentation. Based on research on psychotropic abuse education for teenagers in Pulo village, the distribution of psychotropic pills type Y is widespread and often abused, from teenagers to the elderly. The distribution of these pills can come from friends in the school environment, home environment and work environment. In order to create a healthy environment and free from psychotropic abuse. They should hold positive activities that involve village youth, such as more sporting and religious events, and regularly provide education or socialization about the dangers and ongoing impacts of psychotropic abuse.

Faozi, Safik; Suliantoro, Adi; Andraini, Fitika; Saputra, Arikha

DINAMIKA HUKUM 2023 Universitas Stikubank

Nowadays, food and beverage products are widely circulated in society. In the era of globalization of society, the traffic of goods including food/drinks across countries is not guaranteed to be halal. Even though religious obligations command us to consume halal food/drinks. With the existence of Law no. 33 of 2014 concerning Halal Product Guarantees and Government Regulation no. 39 of 2021 shows that there is legal certainty in the implementation of Halal Product guarantees. The problem is how to theoretically and empirically study the implementation of halal product guarantees from an Indonesian legal perspective. The research methods are normative juridical and sociological. The research results show that theoretically, the implementation of halal product guarantees is based on Law no. 33 of 2014 concerning Halal Product Guarantees reflects legal norms originating from God's Law (God Order), namely from the Al-Qur'an and Hadith, and has long been practiced in people's lives as a reflection of a person's or society's religious awareness. The process shows a circle of interaction that ends with the Halal Product Guarantee Law. Empirical studies explain that the implementation of halal product guarantees has been going on in people's lives for a long time so that it functions to create legal certainty, comfort and justice for the user community as well as realizing beneficial values for economic growth and community welfare. The existence of statutory regulations, legal institutions and public awareness of halal product guarantees are elements of a legal system. Empirical studies explain that the economic subsystem played by business actors has great energy to adapt quickly and utilize legal regulations and community culture to expand and develop their business. Keywords: Halal, Products, Law and Society  

Riyanto Riyanto; Muhammad Anwar Ibrahim; Muhammad Fahrudin; Irwan Triadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The defence and security of the Indonesian state is a very crucial thing in the practice of the state so that it requires a component of citizens to participate in efforts to maintain state security in addition to the Indonesian National Army (TNI) and the Indonesian National Police (Polri), the Supporting Component is needed in efforts to defend and secure the state but in practice the community thinks that it is contrary to Human Rights (HAM). The purpose of this study is to carefully examine and analyse the Establishment of the Reserve Component as a State Supporting Defence Viewed from a Human Rights Perspective. The legal research method used is normative juridical legal research method by conducting research on library materials and using a statute approach. The results of the research are that in the Indonesian constitution, the rights and obligations to defend the country by citizens have been regulated through the 1945 Constitution of the Republic of Indonesia, Law No. 3 of 2023 concerning State Defence, Law No. 23 of 2019 concerning Management of National Resources for State Defence, as well as the embodiment of patriotism in the state that can be carried out by a citizen who is then made by the Indonesian Government a state defence system in order to support national defence, namely by implementing a Reserve Component system stipulated in the PSDN Law and the formation of the Reserve Component is not an element of coercion or a form of human rights violation.

Salsabila, Mikyal

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Members of the TNI and POLRI as part of Indonesian citizens should have human rights, especially the political right to vote in elections. However, in reality, the right to vote for these two agencies is limited by the provisions in force in the legislation. Therefore, this research was conducted to analyze the provisions on the right to vote for members of the TNI and POLRI from a positive law and human rights perspective. This research uses normative juridical methods such as a conceptual approach, a state approach, a historical approach and an analytical approach. Based on the research results, there is a decline in democracy looking at the history of elections in 3 periods, namely the old order, the new order and the reform era. Apart from that, there is a lack of synchronization between positive legal provisions and each other which regulate human rights and political rights of Indonesian citizens

Diana, Dewi Nur

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

Sexual behaviour or actions that differ from generally accepted sexual norms in the LGBT community should not be considered something that should be taken for granted. This sexual behaviour or action arises because there are variations in individual sexual desires. Sexual orientation and habits refer to a person's desire to express their desire, love, emotions, and sexual activities towards individuals of the same gender, the opposite gender, or both. LGBT is an abbreviation for Lesbian, Gay, Bisexual, and Transgender, which refers to a group of individuals who have a sexual orientation or gender identity that is different from the majority. There are various views in society regarding LGBT, with some rejecting this variation in sexual behaviour while others openly accepting it. The debate regarding LGBT issues is increasingly intense and widespread, with various arguments related to human rights (HAM) and arguments based on religion. This research aims to investigate different views regarding LGBT issues in Indonesia, both from a religious and a human rights perspective.

Zahrotun Nisa, Isma; Masrokhin

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2023 CV. ALIM'SPUBLISHING

The aim of this research is to make a comparison of compensation law (‘iwadh) in khulû’ (talak law) from the perspective of the Syafi'i School and the Islamic Law Commission (KHI). Khulû' is a form of divorce in which the wife can ask for a divorce by giving compensation to the husband. In the Syafi'i Madzhab, the rules regarding 'iwadh and khulû' are taken from the interpretation of the Al-Quran and Hadith, while KHI is a collection of laws that apply in certain countries. This study uses a comparative analysis method between the two sources of law. The results of the study show that there are different approaches to regulating compensation law in khulû'. The Syafi'i school tends to emphasize the benefit of the parties involved in the divorce, so that compensation limits can be more flexible. On the other hand, KHI may have more specific and structured provisions regarding compensation in khulû', which are adapted to the social and cultural context of the country. This research is expected to provide a deeper understanding of the different perspectives of Islamic law regarding khulû' and compensation law, as well as their implications for legal practice in modern society.

Stevanny Stevanny; Ni Luh Vita Widyasari Susrama Putri

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Monopolistic competition is a profound issue in civil law and has the potential to threaten the business ecosystem and consumer rights. This journal aims to investigate efforts to control monopolistic competition through a civil law perspective, with an emphasis on the protection of consumers and small entrepreneurs. The study utilizes an analytical and comparative law approach to identify the applicable legal framework in various jurisdictions, focusing on recent cases involving monopolistic competition. The findings of this study show that civil law has a significant role to play in the control of monopolistic competition by protecting consumer rights and regulating business practices that may hinder competition. The research also highlights the challenges faced in applying civil law in monopolistic competition cases and striking the right balance between consumer protection, small entrepreneurs, and economic sustainability. Legislative and judicial efforts undertaken by various countries are also analyzed to assess the effectiveness of monopoly competition control in supporting a fair and competitive economy. The results of this study provide a deeper understanding of the role of civil law in the control of monopolistic competition and its implications for the protection of consumers and small businesses. The practical implication of this research is the importance of strict supervision of monopolistic practices, strong consumer protection policies, and cooperation between various related parties to maintain a healthy business ecosystem.

Rosita Nur Alif Darma Santi; Salwa Salsabilla Putri; Siti Aisyah; Tutut Dwi Setyorini

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

In Indonesia, children who commit criminal acts often occur. Even though they have a special designation, namely children, they are still legally processed, in accordance with current legal developments in Indonesia. Therefore, Indonesia has a special court that regulates crimes committed by children, namely Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. This study uses normative and empirical juridical research methods. Normative juridical is carried out by analyzing the sources of primary legal materials, namely laws, journals, theses, and books contained in the literature. Empirical juridical is carried out by collecting data through interviews with criminologists who have a deep understanding of the juvenile justice system and Islamic criminal law. The data obtained from the interviews will be analyzed qualitatively to identify the views of criminologists regarding the implementation of the juvenile justice system in the context of Islamic criminal law. This study aims to analyze the opinions of criminologists regarding the implementation of the juvenile justice system in the perspective of Islamic criminal law.

Ummu Rofi’ah; Wakid Evendi

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

In the customary practices of the Javanese Muslim society, there are often certain approaches employed to prevent divorces. This approach is commonly referred to as "tajdidun nikah," which translates to the renewal of marriage. This strategy is typically employed when a household faces numerous challenges or prolonged conflicts, leading to a decline in the harmony between spouses. This research aims to recognize and examine the occurrence of the tajdidun nikah phenomenon within the Rejoagung village community in Ngoro Jombang, in accordance with Islamic law. Through a descriptive qualitative methodology, the study collected data through participatory observations, in-depth interviews, document analysis, and applied an analysis framework based on the model developed by Miles and Huberman. The findings of the study concluded that the practice of tajdidun marriage in Rejoagung village, Ngoro District, Kabupaten Jombang, is a heritage that has been transmitted through generations. It represents an effort by married couples to reinforce their strained marital relationships, which could potentially lead to divorce. From an Islamic legal perspective, this practice is deemed permissible, as it offers numerous advantages, as long as the process adheres to Sharia principles. Couples who have embraced this tradition tend to experience greater harmony, tranquility, and enduring relationships within their households.

Prala Ney; Nur Mohamad Kasim; Waode Mustika

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The aim to be achieved in the preparation of this research is to find out the views of Islamic Law regarding the Practice of Plastic Surgery and to know the Legal Impact of Plastic Surgery. This type of research is normative legal research. This normative legal research is research on norms that carry out norms on a building system of norms which is meant regarding standards, standards of applicable rules of choice of courts, understandings and conventions (lessons). legitimate. The results of the research show (1) The practice of plastic surgery according to Islamic law is permissible or lawful because there is a health reason that disturbs someone so that it is necessary to make improvements to the body in order to eliminate pain or harm which of course is not allowed plastic surgery is intended to change sex and change parts of the human body to make it look more beautiful. (2) The legal impact on the practice of plastic surgery can be directly or indirectly. It can be seen directly from a health perspective, and indirectly people who have had plastic surgery can avoid taxes, deceive airport security or immigration officers, manipulate data. Conclusions The practice of plastic surgery according to Islamic law is permissible or lawful.

Ni Luh Putu Sudarini; dewa gede pradnyana yustiawan

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Decision of the Constitutional Court Number 20/PUU-XIV/2016 states a lawsuit if civil procedural law applies to evidence. This is because there are differences in the law of proof with civil and criminal procedural law and considering the validity of evidence as a matter of procedural law also affects the legality of making documents, especially with electronic documents. Based on this description, the researcher makes several notes, especially regarding the certainty of an electronic contract law in Indonesia and the legality of e-contracts as evidence from a civil law point of view. The research results form the basis of legal certainty for electronic contracts in Indonesia based on article 5 of Law No. November 2008 concerning information and electronic transactions stipulated by the Constitutional Court Decision No. 20/PUU-XIV/2016, still based on the legality of electronic contracts used as evidence from a civil law perspective sourced from the decision of the Constitutional Court 20/PUU-XIV/2016 and provisions related to contracts in general are contained in the Civil Code.

Dewi Masyitoh; Abdullah Afif

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to examine the implementation of the "pingitan" tradition in Javanese traditional marriages and to analyze the perspective of Islamic law on this tradition. The research method used is a qualitative approach and is included in the category of field research. This approach involves data collection techniques through observation, interviews, documentation, and literature review. The results of the research show that "seclusion" is a practice in which the bride and groom are required not to leave their homes or travel far for a certain period of time after the wedding, in order to avoid risks. This tradition has been controversial in society, with some considering it irrelevant in the modern era. However, from an Islamic legal perspective, this practice is permissible because it is in line with the principles of Islamic shari'ah.