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Dony Kusuma Madani

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Intellectual Property Rights (IPR) have the potential to be recognized as an object of Rahn Tasjily collateral because they meet the criteria of property that can be transferred in accordance with the principles of muamalah in Islamic banking. However, its implementation faces legal challenges, particularly related to the dualism between the provisions of Fiduciary Guarantee (UUJF), which contains potential riba and gharar, and the DSN-MUI Fatwa No. 68/2008, which rejects such non-Sharia elements. This study aims to analyze the position of IPR as marhun according to the principles of muamalah and to identify substantial barriers in its application in Islamic Financial Institutions (LKS), particularly in the aspects of valuation and execution. The method used is normative law with an approach to regulations and concepts, analyzed descriptively and qualitatively using secondary data. The study concludes that the conflict between UUJF and Rahn Tasjily, the high risk of gharar in valuation, and the delays in execution due to the Constitutional Court's decision, highlight the urgent need for OJK and DSN-MUI to issue technical regulations to harmonize and mitigate risks in accordance with Sharia principles.

Mia Kusmiati

International Journal of Management Science and Entrepreneurship 2025 International Forum of Researchers and Lecturers

Purpose – Purpose This is for explore interconnection strategic between system energy and defense in support resilience national with propose draft paradigm energy dual role paradigm This positioning energy No only as protected objects​ from threat external, but also as subject strategic support​ operation military through energy renewable, implementation network smart, and technology storage battery. Design/ methodology / approach – Research This use approach review library systematic (SLR) for synthesize findings academic and reports policy from three year lastly, which involves source journal national (SINTA indexed) and international (Elsevier, Springer, IEEE, etc.), with focus on intersection between resilience energy and defense strategy national. Findings – Review This disclose that infrastructure resilient energy​ increase capability defense, while system formidable defense​ ensure continuity supply energy national research​ This propose an integrative model consisting of from three layer strategic: integration policy national (between RUEN and RENSTRAHAN), development infrastructure green and digital, and development capacity source Power man together. Framework Work integrative This strengthen reciprocal resilience​ between sector energy and defense. Implications practical – The makers policies, institutions military, and stakeholders interest energy pushed for together implementing synchronized strategies, integration curriculum and investment in infrastructure digital energy use reach resilience national term long in face uncertainty geopolitics and environment. Originality / Value – Study This introduce framework Work new paradigm energy role double in defense national, which provides runway theoretical and practical for integrate transition energy sustainable with planning defense strategic. Study This contribute in a way conceptual for bridge gap between policy energy and defense strategy, especially in context threat hybrids and vulnerabilities system cyber-physical.

Zaenal Abidin; Insan Tajali Nur; Alfian Alfian

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

The main issue in this study is the practice of ministers concurrently holding positions as party chairpersons, despite conflicting with the provisions of Article 23 of Law No. 39 of 2008 concerning State Ministries, which prohibits ministers from concurrently serving as leaders of organizations funded by the state budget (APBN/APBD), including political parties that receive APBN/APBD funds. The focus of this research is on the reasons why the president appoints ministers from political party leadership and the implications of such dual positions. The method used is normative legal research with statutory and conceptual approaches, and data collection through literature review of regulations, literature, and other official documents. The study reveals that the main factors behind appointing ministers from party leadership are the dynamics of the multiparty system requiring the president to rely on coalition support, regulatory ambiguity regarding the prohibition of dual office holding, and political pragmatism that undermines the party’s role as representatives of the people. The implications of this practice include violations of Law No. 39 of 2008, weakening of checks and balances mechanisms, potential for transactional politics, strengthening of oligarchy and political dynasties, and violation of good governance principles. To address these issues, a revision of Article 23 of Law No. 39 of 2008 is necessary to make the prohibition of dual offices clearer, strengthen law enforcement mechanisms, ensure transparency in ministerial appointments, and secure the president’s commitment to meritocratic principles.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Yulia Nurhidayah; Annisa Yuliana; Suci Trimawarni

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This research explores the influential role of Islamic preaching, known as dakwah, in nurturing and reinforcing nationalistic values among young Muslims. It emphasizes the significance of integrating religious teachings with messages of patriotism to shape the mindset and attitudes of the youth towards their nation. Rather than viewing dakwah solely as a tool for religious propagation, this study positions it as a strategic and educational instrument that can instill a deep sense of national identity, unity, and active participation in national development.Employing a qualitative research methodology with a descriptive approach, this study analyzes various contemporary forms of dakwah, including religious lectures, Islamic study circles, digital platforms such as social media, and involvement in Islamic youth organizations. These channels are assessed for their effectiveness in conveying messages that resonate with the daily lives and societal roles of Muslim youth.The findings indicate that when Islamic values are harmoniously combined with national ideals, dakwah becomes a powerful vehicle for character building. It fosters a generation of young Muslims who are not only spiritually grounded but also exhibit strong civic awareness and a sense of responsibility towards preserving national unity and diversity. Ultimately, this research highlights the dual function of dakwah as both a spiritual guide and a catalyst for patriotic consciousness in the younger Muslim population.

Nugrah Gables Manery; Rocky S Mantaiborbir

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

Law enforcement holds a central role in shaping social order and ensuring the effective implementation of legal functions in Indonesia. The law is not merely a normative reference but must be strategically positioned as the fundamental basis for resolving disputes and conflicts that emerge within society. In this regard, Law No. 16 of 2004 concerning the Indonesian Prosecutor’s Office, particularly Article 2 paragraph (1), clearly stipulates that the Prosecutor’s Office is a state institution entrusted with exercising governmental authority in the field of prosecution, along with other responsibilities mandated by law. Within the framework of criminal justice, the Prosecutor’s Office assumes a pivotal role as Dominus Litis—the ultimate controller of criminal cases. This authority signifies that the Prosecutor’s Office is the only institution empowered to decide whether a particular case, supported by sufficient evidence in line with the Criminal Procedure Code, is eligible to be brought before the court. The prosecutor’s discretionary power in this context highlights its critical position in upholding justice and maintaining the integrity of legal proceedings. Beyond its prosecutorial function, the Prosecutor’s Office also bears the exclusive responsibility for executing criminal judgments, ensuring that court decisions are implemented properly and consistently with the rule of law. This dual function—both as Dominus Litis and executor of judicial decisions—underlines the institutional indispensability of the Prosecutor’s Office in the Indonesian legal system. The institution’s authority is therefore not limited to initiating prosecutions but also extends to safeguarding the finality and enforcement of criminal verdicts, which makes it a cornerstone in the broader architecture of law enforcement. Consequently, strengthening the role and capacity of the Prosecutor’s Office is essential for advancing justice, protecting the rights of citizens, and reinforcing the legitimacy of Indonesia’s legal order.

Christoper Adrianto

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

The Indonesian Constitutional Court in its judicial review of the Criminal Procedure Code No. 34/PUU-XI/2013 stated that Article 268 paragraph (3) regarding the limit on filing for judicial review of criminal cases is contrary to the 1945 Constitution and has no binding legal force. The Supreme Court responded to the decision by issuing Supreme Court Circular Letter No. 07/2014 which continues to limit judicial review to only one time based on the Judicial Power Act and the Supreme Court Act. Departing from regulatory dualism, this paper formulates the problem of the legal products issued by the Supreme Court and the Constitutional Court in terms of material testing of Law Number 8 of 1981 concerning the Criminal Procedure Code. This study uses normative legal research methods through a review of literature sources. Through Gustav Radbruch's Legal Theory, this study found that first, the position of the SEMA was issued even though it was in accordance with existing laws and regulations, but this decision was contrary to Gustav Radbruch's Legal Theory. Second, the legal consequences after the Constitutional Court Decision. The Supreme Court through SEMA that limits the filing of judicial review to one time is legally flawed both in terms of substance and formal formation because it contradicts the Constitutional Court Decision.

Agung Barok Pratama

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

The holding of simultaneous regional elections in 2024 and the postponement of regional elections from 2022 due to the expiration of the term of office result in the threat of vacancies in positions, especially positions as regional heads in Indonesia. To fill the vacancy, an acting regional head is appointed until a definitive regional head is elected in the simultaneous regional elections in 2024. The problem is that those appointed as acting officers are apparently from active TNI elements, this is of course contrary to the spirit of reform which wants to eliminate dual functions as regulated in the TNI Law. The aim of the research is to find consistency in norms in the appointment of active TNI officers and their juridical implications. This research is normative using a statutory and conceptual approach. The research results show that consistency between these norms is needed in regulating these appointments, considering that civilian positions can only be filled by TNI soldiers who have resigned or retired from active military service, in accordance with the required competencies and through an open and competitive selection process. This step is important to ensure the maintenance of TNI neutrality and professionalism, compliance with the law, and respect for the principles of reform.