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The Role of Muhammadiyah in the Policy for the Protection of Sexual Violence 穆罕默德在保护性暴力政策中的作用
Pub Date : 2022-09-30 DOI: 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
作为印尼最大的组织之一,Muhammadiyah所采取的态度和政策影响着民族和国家的生活。其中一种态度是穆罕默迪亚对保护性暴力政策的法律态度。本研究采用的方法论是法定研究法和历史研究法。本文献研究的研究结果表明,Muhammadiyah对性暴力保护政策的回应态度是非常坚定的,这可以从两个方面来看,一是思想基础,基于儿童保护的法理,二是Muhammadiyah对PKS法案的态度,Muhammadiyah推动了PKS法案的立即批准,并注意到有问题的条款有所改变。根据aisyiah提出的事实,即针对妇女和儿童的性暴力日益普遍。此外,Muhammadiyah还以法律缺陷为由,反对2021年颁布的关于在高等教育环境中预防和处理性暴力的permendikbud30,因此该政策必须被撤销。穆罕默迪亚在对待政府保护性暴力政策的态度上,始终坚持以古兰经和圣训为依据,为人民和国家的利益而采取立场
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引用次数: 1
Contradictions Of Civil Law With Islamic Law And Its Implication On A Muslim’s Responsibility 民法与伊斯兰法的矛盾及其对穆斯林责任的启示
Pub Date : 2022-09-30 DOI: 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.
本文旨在了解由于民法与伊斯兰教法之间的矛盾而导致的民法对穆斯林责任的影响。本研究采用定性方法。本文着眼于允许穆斯林不实行伊斯兰法律的一般法律。这项研究表明,法律行为与伊斯兰习俗相矛盾。因此,每一个穆斯林都不应该忽视他履行世俗欲望的责任。
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引用次数: 0
Confiscation Of Assets In Economic Crime 经济犯罪中财产的没收
Pub Date : 2022-09-28 DOI: 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.
腐败是一种特殊的罪行,所以惩罚是最重要的。法律经济分析可用于提高处理贪污罪行的效率,以提供一定的效率和阻吓作用。本研究中问题的提法是如何对法律进行经济分析,使被掠夺的资产从腐败犯罪中最大化?本研究基于司法规范。采用检索法和文献复习法收集资料。基于法律的经济分析,在不降低体罚意义的前提下,将腐败犯罪行为的惩罚取向从体罚向体罚、大额罚款、没收财产、贫困化相结合的转变,显示了腐败犯罪行为的有效性和效率,并将增加对行为人的威慑作用。
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引用次数: 1
Perspective Between Central And Regional Government Relations In Legal Problems To Handle Covid-19 Pandemic 应对新冠肺炎疫情法律问题中中央与地方政府关系的透视
Pub Date : 2022-09-28 DOI: 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.
本文的目的是描述中央和地方政府关系在处理covid-19大流行法律问题中的视角。宪法最重要的是对如何领导国家宪法生活的愿望,这可以从结构和国家行政体制中看出。尽管《2018年第6号卫生检疫法》规定,适用“防疫隔离”是中央政府的权力,但在应对新冠肺炎大流行方面,中央和地方政府之间存在差异,例如印度尼西亚多个地区实施了地方封锁或“防疫隔离”政策。另一方面,实施PSBB是地方政府保护社会的责任。由于中央政府应对新冠肺炎疫情的行动迟缓,地方政府似乎先于中央政府展开了斗争。从中央和地方关系的角度来看,克服法律问题或应对新冠疫情的方法是什么?规范法研究是一种研究方法,通过检查图书馆资料作为辅助数据来进行。结果表明,中央政府和地方政府在应对新冠肺炎疫情方面有着共同的责任。为了确保联合协调机构的作用在没有权力摩擦的情况下发挥作用,重要的是要注意以下规则:1)如果处理covid-19大流行的范围是跨省地区。这是中央政府的权力,2)如果处理covid-19大流行的范围是跨县/城市地区。3)如果疫情处理范围在区市范围内,则成为区市政府的权限。
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引用次数: 0
Institusi Hukum Perwakafan Indonesia: Kajian Kelembagaan Badan Wakaf Indonesia (Sejarah dan Struktur Kelembagaan)
Pub Date : 2022-09-18 DOI: 10.22219/aclj.v3i2.22544
Muhammad Luthfi, Yohana Puspitasari Wardoyo, Kukuh Dwi Kurniawan, Fitria Esfandiari, Yaris Adhial Fajrin
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。
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引用次数: 0
Community Political Participation In The 2019 Presidential And Vice-Presidential Elections In Malang Regency 2019年玛琅县总统和副总统选举中的社区政治参与
Pub Date : 2022-05-30 DOI: 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.
选举是民主国家人民意志的一种形式,没有任何选举,一个自称民主的国家就不是真正意义上的民主。没有人民的参与,民主是不能单独存在的。民主是上层建筑,必须靠下层建筑即人民来维持。正是在这个框架内,社会才能作为一个主体在决定民族及其国家的未来方向方面发挥作用。在2019年总统和副总统选举中,玛琅摄政人民的参与水平相当高,而玛琅摄政人民的政治参与水平高的因素与KPU, Po党,公民社会和媒体的作用和功能密不可分,使2019年的选举取得成功。
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引用次数: 0
Accountability of Regional Officials of Sidoarjo Regency In The Distribution of Groceries During The Covid-19 Pandemic Sidoarjo县地区官员在2019冠状病毒病大流行期间分配食品杂货的问责制
Pub Date : 2022-02-05 DOI: 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.
本文旨在分析2019冠状病毒病大流行期间西多阿霍县免费食品杂货的分布情况。当地政府几乎每年都为市民提供免费食品杂货计划。但在像今天这样的大流行时期,情况略有不同,免费食品杂货计划更经常地进行,而且规模更大。其中一项是由东爪哇Sidoarjo摄政政府执行的。请记住,受Covid-19病毒爆发影响的是经济因素,这使大多数人失去了眼睛,这使得印度尼西亚经济体系的削弱在西多阿霍县本身也不例外。本文通过社会法学研究,找出西多阿霍县免费食品配送问题。本研究的结果考察了Sidoarjo县政府对社区Covid-19疫情的问责程度,即从分发免费食品开始,以便有望提供更具体的结果。Sidoarjo政府项目预计将应用于公共政策制定、实施和评估的早期阶段。
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引用次数: 0
Implementation of Tabligh As Prophetic Leadership of Muhammadiyah Through Political Movement 通过政治运动实现穆罕默德派的先知领导
Pub Date : 2022-02-04 DOI: 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。
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引用次数: 1
Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic Covid-19大流行期间滥用非法金融科技客户数据的刑事和民事责任
Pub Date : 2022-01-31 DOI: 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.
席卷全球的covid-19疫情造成了经济部门的危机,保持身体距离的政策影响了贸易和旅游业。公司、酒店和中小微企业的破产导致大量裁员。因此,许多人失去了生计,不得不借钱来满足日常需求。金融科技是工业4.0时代的一种进步,作为诱惑社区金融服务和申请贷款的一种便利形式。然而,没有得到一个财务解决方案,发生的事情恰恰相反。公众甚至被非法金融技术的存在和个人数据的滥用所困扰。确实,有一项协议允许债务人访问债权人的个人数据,但债务人是否可以立即滥用客户的个人数据。因此,在本研究中,作者感兴趣的是审查在Covid-19大流行期间非法金融技术协议的出现与刑事和民事责任的关系。研究方法主要有规范性法与成文法法和比较法,以及定性描述的法律材料分析。所获得的结果是,非法金融科技电子协议不符合协议的主客观要求,并且与滥用客户数据有关,可以追究刑事责任的是金融科技法律机构和讨债人。
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引用次数: 4
The Role of Muhammadiyah Islamic Movement in Hacking a New Map of Local Culture in Indonesia 穆罕默德伊斯兰运动在绘制印尼地方文化新地图中的作用
Pub Date : 2022-01-31 DOI: 10.22219/aclj.v3i1.19857
Riska Aprillianti, Dayang Safira Bella Avilia, Romelah Romelah
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。
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引用次数: 3
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Audito Comparative Law Journal (ACLJ)
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