Pub Date : 2022-09-30DOI: 10.22219/aclj.v3i3.21747
M. Faizin, S. Sugianto, Romlah Romlah
As one of the largest organizations in Indonesia, the attitudes and policies taken by Muhammadiyah affect the life of the nation and state. One of these attitudes is the Role of Muhammadiyah's legal attitude towards the policy of protecting sexual violence. The methodology used in this research is the method of statutory and historical research. The results of the research with this literature study conclude that Muhammadiyah's attitude in responding to the Policy for the Protection of Sexual Violence is very firm, this can be seen from 2 aspects, namely, first, the basis of thought, which is based on the jurisprudence of child protection, then second, Muhammadiyah's attitude towards the PKS Bill, where Muhammadiyah pushed for the immediate ratification of the PKS Bill with a note that there were changes in problematic articles, supported by the facts presented by 'aisyiah, namely the increasing prevalence of sexual violence against women and children. In addition, Muhammadiyah also took a stand against Permendikbud 30 of 2021 regarding the Prevention and Handling of Sexual Violence in Higher Education Environments due to legal defects, so the policy must be revoked. Muhammadiyah in its attitude related to government policies related to the protection of sexual violence always adheres to the Qur'an and Sunnah as the basis for taking a stand for the benefit of the people and the state
{"title":"The Role of Muhammadiyah in the Policy for the Protection of Sexual Violence","authors":"M. Faizin, S. Sugianto, Romlah Romlah","doi":"10.22219/aclj.v3i3.21747","DOIUrl":"https://doi.org/10.22219/aclj.v3i3.21747","url":null,"abstract":"As one of the largest organizations in Indonesia, the attitudes and policies taken by Muhammadiyah affect the life of the nation and state. One of these attitudes is the Role of Muhammadiyah's legal attitude towards the policy of protecting sexual violence. The methodology used in this research is the method of statutory and historical research. The results of the research with this literature study conclude that Muhammadiyah's attitude in responding to the Policy for the Protection of Sexual Violence is very firm, this can be seen from 2 aspects, namely, first, the basis of thought, which is based on the jurisprudence of child protection, then second, Muhammadiyah's attitude towards the PKS Bill, where Muhammadiyah pushed for the immediate ratification of the PKS Bill with a note that there were changes in problematic articles, supported by the facts presented by 'aisyiah, namely the increasing prevalence of sexual violence against women and children. In addition, Muhammadiyah also took a stand against Permendikbud 30 of 2021 regarding the Prevention and Handling of Sexual Violence in Higher Education Environments due to legal defects, so the policy must be revoked. Muhammadiyah in its attitude related to government policies related to the protection of sexual violence always adheres to the Qur'an and Sunnah as the basis for taking a stand for the benefit of the people and the state","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129400402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-30DOI: 10.22219/aclj.v3i2.22799
Siti Khadijah Binte Mahfuh
This paper aims to understand the implications of civil law on a Muslim’s responsibility resulting from contradictions between civil law and Islamic law. The research uses the qualitative method. This paper looks at general laws that allow Muslims not to practice Islamic law. The study shows that law acts contradict Islamic practice. Thus, every Muslim should not disregard his responsibilities to fulfill worldly desires.
{"title":"Contradictions Of Civil Law With Islamic Law And Its Implication On A Muslim’s Responsibility","authors":"Siti Khadijah Binte Mahfuh","doi":"10.22219/aclj.v3i2.22799","DOIUrl":"https://doi.org/10.22219/aclj.v3i2.22799","url":null,"abstract":"This paper aims to understand the implications of civil law on a Muslim’s responsibility resulting from contradictions between civil law and Islamic law. The research uses the qualitative method. This paper looks at general laws that allow Muslims not to practice Islamic law. The study shows that law acts contradict Islamic practice. Thus, every Muslim should not disregard his responsibilities to fulfill worldly desires.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122265303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-28DOI: 10.22219/aclj.v3i2.22185
Sulvia Triana Hapsari, A. Madjid, N. Aprilianda
Corruption is an extraordinary crime so the punishment is the Primum Remedium. Economic Analysis of Law can be used to increase the efficiency of handling corruption crimes (TPK) to provide a level of efficiency and a deterrent effect. The formulation of the problem in this research is how is the economic analysis of law in maximizing the looted assets from the crime of corruption? This research is based on judicial normative. The data were collected using the search method and literature review. Conclusion Based on the economic analysis of law, the shift in the orientation of punishment in criminal acts of corruption from corporal punishment to a combination of corporal punishment, large fines, confiscation of assets, and impoverishment of perpetrators of criminal acts of corruption without diminishing the meaning of corporal punishment shows effectiveness and efficiency and will increase the deterrent effect for the perpetrator.
{"title":"Confiscation Of Assets In Economic Crime","authors":"Sulvia Triana Hapsari, A. Madjid, N. Aprilianda","doi":"10.22219/aclj.v3i2.22185","DOIUrl":"https://doi.org/10.22219/aclj.v3i2.22185","url":null,"abstract":"Corruption is an extraordinary crime so the punishment is the Primum Remedium. Economic Analysis of Law can be used to increase the efficiency of handling corruption crimes (TPK) to provide a level of efficiency and a deterrent effect. The formulation of the problem in this research is how is the economic analysis of law in maximizing the looted assets from the crime of corruption? This research is based on judicial normative. The data were collected using the search method and literature review. Conclusion Based on the economic analysis of law, the shift in the orientation of punishment in criminal acts of corruption from corporal punishment to a combination of corporal punishment, large fines, confiscation of assets, and impoverishment of perpetrators of criminal acts of corruption without diminishing the meaning of corporal punishment shows effectiveness and efficiency and will increase the deterrent effect for the perpetrator.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126012200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-28DOI: 10.22219/aclj.v3i2.22040
Ahmad Sabirin, Febrian Duta Adiyaksa, Raafid Haidar Herfian
The purpose of this article is to describe the perspective between central and regional government relations in legal problems to handling a covid-19 pandemic. The important thing in a constitution is the desire for how the constitutional life of the nation is to be led, which can be seen in the structure and state administration system. There are differences appeared between central and local governments in handling covid-19 pandemic, such as the local lockdown or Pembatasan Sosial Berskala Besar (“PSBB”) policies implemented in several regions in Indonesia, even though Law No. 6 of 2018 concerning health quarantine, the application of PSBB is the central’s government authority. On the other hand, the implementation of PSBB is the responsibility of the regional government to protect society. It seems that the central government’s struggle was preceded by the regional government due to the slow pace of movement that occurred to handle the Covid-19 pandemic the central government. What are solutions to overcoming the legal problems or problems dealing with the Covid-19 pandemic related to the perspective of the relationship between central and regional governments? Normative law research is used as a research method, that conducting by examining library materials as secondary data. The result showed that there is a shared responsibility to handle covid-19 pandemic for both central and regional governments. To make sure that the Joint coordination’s role is done without the friction of authority, it is important to pay attention to the following rules: 1). If the scope of handling covid-19 pandemic is across provinces area. It is the central government’s authority, 2). If the scope of handling covid-19 pandemic is across regencies/cities area. It is the provincial government’s authority, 3). If the scope of handling covid-19 pandemic is in a district/city area, it becomes the district/city government’s authority.
{"title":"Perspective Between Central And Regional Government Relations In Legal Problems To Handle Covid-19 Pandemic","authors":"Ahmad Sabirin, Febrian Duta Adiyaksa, Raafid Haidar Herfian","doi":"10.22219/aclj.v3i2.22040","DOIUrl":"https://doi.org/10.22219/aclj.v3i2.22040","url":null,"abstract":"The purpose of this article is to describe the perspective between central and regional government relations in legal problems to handling a covid-19 pandemic. The important thing in a constitution is the desire for how the constitutional life of the nation is to be led, which can be seen in the structure and state administration system. There are differences appeared between central and local governments in handling covid-19 pandemic, such as the local lockdown or Pembatasan Sosial Berskala Besar (“PSBB”) policies implemented in several regions in Indonesia, even though Law No. 6 of 2018 concerning health quarantine, the application of PSBB is the central’s government authority. On the other hand, the implementation of PSBB is the responsibility of the regional government to protect society. It seems that the central government’s struggle was preceded by the regional government due to the slow pace of movement that occurred to handle the Covid-19 pandemic the central government. What are solutions to overcoming the legal problems or problems dealing with the Covid-19 pandemic related to the perspective of the relationship between central and regional governments? Normative law research is used as a research method, that conducting by examining library materials as secondary data. The result showed that there is a shared responsibility to handle covid-19 pandemic for both central and regional governments. To make sure that the Joint coordination’s role is done without the friction of authority, it is important to pay attention to the following rules: 1). If the scope of handling covid-19 pandemic is across provinces area. It is the central government’s authority, 2). If the scope of handling covid-19 pandemic is across regencies/cities area. It is the provincial government’s authority, 3). If the scope of handling covid-19 pandemic is in a district/city area, it becomes the district/city government’s authority.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125028422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Waqf is part of Islamic philanthropy, along with the development of time and circumstances, waqf processes and procedures developed according to the context of the times, not least the development of the rule of law governing waqf law, Law 41/2004 as a new waqf rule in Indonesia, with the spirit of increasing the productivity of waqf assets, and forming nazhir professionalism, then forming a new institution in the waqf world in Indonesia called Badan Wakaf Indonesia (BWI), Hope with the establishment of BWI becomes the main driving force of representation and becomes a medium in increasing waqf assets for the welfare of the people. This paper discusses the history of the institutionalization of BWI institutions and their institutional rules in Law 41/2004. This paper is normative research with a statutory approach and a conceptual approach. The results of the study from this paper state that the history of the institutionalization of BWI is influenced by the factors of the concept of cash waqf and the factor of updating the concept of waqf management which is not only trying to maintain waqf assets but more to make waqf assets more productive. BWI institutional rules based on Law 41/2004 regulate the position, duties, structure, and diversity, the period of service of management, and rules on the performance process of BWI.
Waqf是伊斯兰慈善事业的一部分,随着时间和环境的发展,Waqf流程和程序根据时代背景而发展,尤其是管理Waqf法律的法治的发展,第41/2004号法律作为印度尼西亚新的Waqf规则,本着提高Waqf资产生产率的精神,并形成纳兹尔专业精神。然后在印度尼西亚成立了一个新的waqf世界机构,称为Badan Wakaf Indonesia (BWI),随着BWI的成立,希望成为代表的主要推动力,并成为增加waqf资产以造福人民的媒介。本文讨论了BWI机构的制度化历史及其在第41/2004号法律中的制度规则。本文是一项规范性研究,采用了法定方法和概念方法。本文的研究结果表明,BWI制度化的历史受到现金waqf概念和waqf管理理念更新的因素的影响,waqf管理理念不仅仅是试图维持waqf资产,而是使waqf资产更具生产力。基于第41/2004号法律的BWI制度规则规定了BWI的职位、职责、结构和多样性、管理层的服务期限和绩效流程规则。
{"title":"Institusi Hukum Perwakafan Indonesia: Kajian Kelembagaan Badan Wakaf Indonesia (Sejarah dan Struktur Kelembagaan)","authors":"Muhammad Luthfi, Yohana Puspitasari Wardoyo, Kukuh Dwi Kurniawan, Fitria Esfandiari, Yaris Adhial Fajrin","doi":"10.22219/aclj.v3i2.22544","DOIUrl":"https://doi.org/10.22219/aclj.v3i2.22544","url":null,"abstract":"Waqf is part of Islamic philanthropy, along with the development of time and circumstances, waqf processes and procedures developed according to the context of the times, not least the development of the rule of law governing waqf law, Law 41/2004 as a new waqf rule in Indonesia, with the spirit of increasing the productivity of waqf assets, and forming nazhir professionalism, then forming a new institution in the waqf world in Indonesia called Badan Wakaf Indonesia (BWI), Hope with the establishment of BWI becomes the main driving force of representation and becomes a medium in increasing waqf assets for the welfare of the people. This paper discusses the history of the institutionalization of BWI institutions and their institutional rules in Law 41/2004. This paper is normative research with a statutory approach and a conceptual approach. The results of the study from this paper state that the history of the institutionalization of BWI is influenced by the factors of the concept of cash waqf and the factor of updating the concept of waqf management which is not only trying to maintain waqf assets but more to make waqf assets more productive. BWI institutional rules based on Law 41/2004 regulate the position, duties, structure, and diversity, the period of service of management, and rules on the performance process of BWI.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114584696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-30DOI: 10.22219/aclj.v3i2.20586
Catur Wido Haruni
Elections are a form of the will of the people in a democracy, without any election a country that calls its country a democracy must not be a democracy in the truest sense. Democracy cannot live alone without the participation of the people. Democracy is a superstructure that must be sustained by the substructure, that is, the people. It is within this framework that society can play a role as a subject in determining the future direction of the nation and its state. In the 2019 Presidential and Vice-Presidential Elections, the level of participation of the people of Malang Regency is quite high and the high factor of the level of political participation of the people of Malang Regency is inseparable from the role and function of the KPU, the Po Party litik, Civil Society and the media are going well to make the 2019 elections a success.
{"title":"Community Political Participation In The 2019 Presidential And Vice-Presidential Elections In Malang Regency","authors":"Catur Wido Haruni","doi":"10.22219/aclj.v3i2.20586","DOIUrl":"https://doi.org/10.22219/aclj.v3i2.20586","url":null,"abstract":"Elections are a form of the will of the people in a democracy, without any election a country that calls its country a democracy must not be a democracy in the truest sense. Democracy cannot live alone without the participation of the people. Democracy is a superstructure that must be sustained by the substructure, that is, the people. It is within this framework that society can play a role as a subject in determining the future direction of the nation and its state. In the 2019 Presidential and Vice-Presidential Elections, the level of participation of the people of Malang Regency is quite high and the high factor of the level of political participation of the people of Malang Regency is inseparable from the role and function of the KPU, the Po Party litik, Civil Society and the media are going well to make the 2019 elections a success.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129430034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-02-05DOI: 10.22219/aclj.v3i1.18901
Akmal Maulana N. M., Andre Purnairawan, Sholahuddin Al-Fatih, Jamila Jamil
This article aims to analyze the distribution of free groceries in the Sidoarjo regency during the Covid-19 pandemic. Free groceries program for citizens in almost every year by the local government. But it is slightly different in pandemic times like today, where the free Groceries program is more often done and on a large scale. One of them is carried out by the Sidoarjo Regency Government, East Java. Keep in mind that the thing that is affected by the outbreak of the Covid-19 Virus is an economic factor, which makes most people lose their eyes that make the weakening of the economic system in Indonesia no exception in Sidoarjo Regency itself. This paper takes socio-legal research to find out the problem of the distribution of free groceries in the Sidoarjo regency. The results of this study look at the extent of the accountability of the Sidoarjo Regency government with the Covid-19 outbreak in the community, namely from the start of the distribution of free food so that it is expected to provide more concrete results. Sidoarjo Regency government program is expected to be applied in the early stages of formulation, implementation, and evaluation of public policy.
{"title":"Accountability of Regional Officials of Sidoarjo Regency In The Distribution of Groceries During The Covid-19 Pandemic","authors":"Akmal Maulana N. M., Andre Purnairawan, Sholahuddin Al-Fatih, Jamila Jamil","doi":"10.22219/aclj.v3i1.18901","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.18901","url":null,"abstract":"This article aims to analyze the distribution of free groceries in the Sidoarjo regency during the Covid-19 pandemic. Free groceries program for citizens in almost every year by the local government. But it is slightly different in pandemic times like today, where the free Groceries program is more often done and on a large scale. One of them is carried out by the Sidoarjo Regency Government, East Java. Keep in mind that the thing that is affected by the outbreak of the Covid-19 Virus is an economic factor, which makes most people lose their eyes that make the weakening of the economic system in Indonesia no exception in Sidoarjo Regency itself. This paper takes socio-legal research to find out the problem of the distribution of free groceries in the Sidoarjo regency. The results of this study look at the extent of the accountability of the Sidoarjo Regency government with the Covid-19 outbreak in the community, namely from the start of the distribution of free food so that it is expected to provide more concrete results. Sidoarjo Regency government program is expected to be applied in the early stages of formulation, implementation, and evaluation of public policy.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123845373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-02-04DOI: 10.22219/aclj.v3i1.19619
Rika Eraswati, Rina Ervina, Romelah Romelah
One of the forces of civil society that is always present and makes a real contribution to the progress of Indonesian politics is the Islamic mass organization Muhammadiyah. In order to achieve the aspired goals, the Muhammadiyah leadership model exists as the basis or ideology in achieving such goals, especially in Muhammadiyah's contribution to national legal politics. The purpose of this study is to determine the implementation of Tabligh as prophetic leadership of Muhammadiyah in its role as a political movement to influence the national political process. This paper was built based on a literature review. Indonesia is a democratic country and Muhammadiyah was born as a political movement in influencing the national political process. It is a form of citizen aspirations that was formed using an association of groups or organizations as guaranteed by the 1945 Constitution. Muhammadiyah, in their every struggle including in national politics, always uses its identity or ideology as a da'wah organization based on "amar ma'ruf nahi munkar" that is sourced from the Qur'an and Sunnah. Muhammadiyah implements the nature of Tabligh in carrying out its role as a political movement which is to always criticize any regulations that are contrary to the truth or that will bring harm to society. Muhammadiyah is not in a coalition with the government or with any political party, but Muhammadiyah has always supported policies that lead to the benefit of society.
一直存在并对印度尼西亚政治进步作出真正贡献的民间社会力量之一是伊斯兰群众组织穆罕默德。为了实现所期望的目标,穆罕默德迪亚的领导模式作为实现这些目标的基础或意识形态而存在,特别是在穆罕默德迪亚对国家法律政治的贡献中。本研究的目的是确定tabigh作为先知领导穆罕默德派在其政治运动中的作用,以影响国家政治进程。本文建立在文献综述的基础上。印度尼西亚是一个民主国家,穆罕默德运动作为一个影响国家政治进程的政治运动而诞生。它是公民愿望的一种形式,是由1945年《宪法》所保障的团体或组织联合形成的。穆罕默德在包括国家政治在内的每一次斗争中,总是将其身份或意识形态作为一个基于“amar ma'ruf nahi munkar”的da'wah组织,该组织来源于古兰经和圣训。穆罕默迪亚在执行其政治运动的角色时贯彻了伊斯兰教的本质,即总是批评任何与事实相悖或会给社会带来危害的规定。穆罕默迪亚没有与政府或任何政党结盟,但穆罕默迪亚一直支持有利于社会的政策。
{"title":"Implementation of Tabligh As Prophetic Leadership of Muhammadiyah Through Political Movement","authors":"Rika Eraswati, Rina Ervina, Romelah Romelah","doi":"10.22219/aclj.v3i1.19619","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.19619","url":null,"abstract":"One of the forces of civil society that is always present and makes a real contribution to the progress of Indonesian politics is the Islamic mass organization Muhammadiyah. In order to achieve the aspired goals, the Muhammadiyah leadership model exists as the basis or ideology in achieving such goals, especially in Muhammadiyah's contribution to national legal politics. The purpose of this study is to determine the implementation of Tabligh as prophetic leadership of Muhammadiyah in its role as a political movement to influence the national political process. This paper was built based on a literature review. Indonesia is a democratic country and Muhammadiyah was born as a political movement in influencing the national political process. It is a form of citizen aspirations that was formed using an association of groups or organizations as guaranteed by the 1945 Constitution. Muhammadiyah, in their every struggle including in national politics, always uses its identity or ideology as a da'wah organization based on \"amar ma'ruf nahi munkar\" that is sourced from the Qur'an and Sunnah. Muhammadiyah implements the nature of Tabligh in carrying out its role as a political movement which is to always criticize any regulations that are contrary to the truth or that will bring harm to society. Muhammadiyah is not in a coalition with the government or with any political party, but Muhammadiyah has always supported policies that lead to the benefit of society.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130608133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-01-31DOI: 10.22219/aclj.v3i1.19873
Hendrik Wijaya, Herwastoeti Herwastoeti
The covid-19 outbreak that swept across the world has caused a crisis in the economic sector, where physical distancing policies affect the world of trade and tourism. The bankruptcy of companies, hotels, and small and medium-sized micro-enterprises resulted in massive job cuts. Therefore, many people lose their livelihoods and borrow money to meet their daily needs. Financial technology is an advancement of the times in the industrial era 4.0, as a form of convenience in financial services of tempted communities and applying for loans to financial technology. However, instead of getting a financial solution, what happens is the opposite. Where the public is even entangled in the existence of illegal financial technology and there is a misuse of their personal data. It is true that there is an agreement that allows the debtor to access the personal data of the creditor, but whether with it immediately the debtor can misuse the customer's personal data. Therefore, in this study, the author is interested in reviewing how criminal and civil liability related to the emergence of illegal financial technology agreements during the Covid-19 pandemic. The research methods used are normative juridical with statute approach and comparative approach, as well as qualitatively described legal material analysis. The result obtained is, illegal fintech e-agreements do not meet the subjective and objective requirements of the agreement and are related to the misuse of customer data, which can be held criminally accountable are fintech law bodies and debt collectors.
{"title":"Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic","authors":"Hendrik Wijaya, Herwastoeti Herwastoeti","doi":"10.22219/aclj.v3i1.19873","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.19873","url":null,"abstract":"The covid-19 outbreak that swept across the world has caused a crisis in the economic sector, where physical distancing policies affect the world of trade and tourism. The bankruptcy of companies, hotels, and small and medium-sized micro-enterprises resulted in massive job cuts. Therefore, many people lose their livelihoods and borrow money to meet their daily needs. Financial technology is an advancement of the times in the industrial era 4.0, as a form of convenience in financial services of tempted communities and applying for loans to financial technology. However, instead of getting a financial solution, what happens is the opposite. Where the public is even entangled in the existence of illegal financial technology and there is a misuse of their personal data. It is true that there is an agreement that allows the debtor to access the personal data of the creditor, but whether with it immediately the debtor can misuse the customer's personal data. Therefore, in this study, the author is interested in reviewing how criminal and civil liability related to the emergence of illegal financial technology agreements during the Covid-19 pandemic. The research methods used are normative juridical with statute approach and comparative approach, as well as qualitatively described legal material analysis. The result obtained is, illegal fintech e-agreements do not meet the subjective and objective requirements of the agreement and are related to the misuse of customer data, which can be held criminally accountable are fintech law bodies and debt collectors.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123996287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims to examine the movement of Muhammadiyah. Muhammadiyah's commitments since its establishment until now is that Muhammadiyah has positioned itself as a pure creed-based Islamic da'wah movement. Muhammadiyah's role in creating a local culture for modern culture, Muhammadiyah has several programs launched in the field of culture. To examine those backgrounds, this article uses a historical approach to the normative juridical method. This article found that Muhammadiyah's program in the field of culture is an effort intended to develop an appreciation of art that is in line with the views of Muhammadiyah's beliefs. One of the applications of Muhammadiyah's cultural program is the development of culture-based education. Muhammadiyah is expected to be able to carry out its strategic role in terms of culture very optimally. In forming a progressive culture, Muhammadiyah does not only need a commensurate movement strategy but at the same time has a building of thought that goes beyond, so that it appears as a carrier of a progressive alternative Islamic message with a strong and superior character. From the womb of Muhammadiyah was born the transformation of Indonesian culture which is religious and progresses parallel to and even superior to other nations. Here the important role of actualizing the view of progressive Islam as declared in the One Century Congress, which is accompanied by the strategy of the enlightenment movement (a movement that liberates, empowers, and advances) in all its orientations and steps.
本文旨在考察穆罕默德运动。穆罕默迪亚自成立至今的承诺是穆罕默迪亚将自己定位为一个纯粹基于信仰的伊斯兰达瓦运动。穆罕默迪亚在为现代文化创造地方文化方面的作用,穆罕默迪亚在文化领域启动了几个项目。为了考察这些背景,本文采用了规范司法方法的历史方法。本文发现,穆罕默德迪亚在文化领域的计划是一种努力,旨在培养与穆罕默德迪亚信仰观点一致的艺术鉴赏力。穆罕默德迪亚的文化计划的应用之一是发展以文化为基础的教育。穆罕默迪亚有望在文化方面发挥最佳的战略作用。在形成一种进步文化的过程中,穆罕默迪亚不仅需要一种相称的运动策略,同时还需要一种超越的思想建设,这样它就会成为一种具有强大和优越特征的进步的伊斯兰信息的载体。从穆罕默德的子宫里诞生了印尼文化的转变,这是宗教的,与其他国家平行甚至优于其他国家。在这里,实现“一个世纪大会”(One Century Congress)所宣布的进步伊斯兰观点的重要作用,伴随着启蒙运动(一种解放、赋权和进步的运动)在所有方向和步骤上的战略。
{"title":"The Role of Muhammadiyah Islamic Movement in Hacking a New Map of Local Culture in Indonesia","authors":"Riska Aprillianti, Dayang Safira Bella Avilia, Romelah Romelah","doi":"10.22219/aclj.v3i1.19857","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.19857","url":null,"abstract":"This article aims to examine the movement of Muhammadiyah. Muhammadiyah's commitments since its establishment until now is that Muhammadiyah has positioned itself as a pure creed-based Islamic da'wah movement. Muhammadiyah's role in creating a local culture for modern culture, Muhammadiyah has several programs launched in the field of culture. To examine those backgrounds, this article uses a historical approach to the normative juridical method. This article found that Muhammadiyah's program in the field of culture is an effort intended to develop an appreciation of art that is in line with the views of Muhammadiyah's beliefs. One of the applications of Muhammadiyah's cultural program is the development of culture-based education. Muhammadiyah is expected to be able to carry out its strategic role in terms of culture very optimally. In forming a progressive culture, Muhammadiyah does not only need a commensurate movement strategy but at the same time has a building of thought that goes beyond, so that it appears as a carrier of a progressive alternative Islamic message with a strong and superior character. From the womb of Muhammadiyah was born the transformation of Indonesian culture which is religious and progresses parallel to and even superior to other nations. Here the important role of actualizing the view of progressive Islam as declared in the One Century Congress, which is accompanied by the strategy of the enlightenment movement (a movement that liberates, empowers, and advances) in all its orientations and steps.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"209 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115642518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}