Pub Date : 2023-04-29DOI: 10.31603/variajusticia.v19i1.6588
Yordan Gunawan, Amarta Yasyhini Ilka Haque, Paul Atagamen Aidonojie
Today’s unresolved human rights issue is racial misbehavior and police brutality in all of its manifestations. The United States of America stands as a horrifying example of a State that has failed to protect its citizens against bigotry. This has been especially visible in recent years, with several incidents of unjustified police shootings of African-Americans culminating in the formation of the global movement known as “Black Lives Matter,” abbreviated as BLM, which began quietly as a Twitter hashtag. Thus, this study addressed how the legal enforcement against police brutality in the case of Black Lives Matter in the US in regards to human rights violations based on international human rights perspective. The author employed normative research in this study which focuses on library (literature) studies and emphasizes reading and analyzing resources. The result showed that police brutality against Black people is common in the US. Despite the fact that the US has considered regulatory frameworks that establish standards that address discriminatory racial practices in the targeting and killing of unarmed Black boys and men, the implementation of police brutality protection in the US has yet to be effective and thorough. As a result, national action is required to address this issue. There is an urgent need for top management and institutions to step up their supervision of police behavior in order to address the abuse of power by some police forces.
{"title":"Police Brutality as Human Rights Violation: A Study Case of Black Lives Matter","authors":"Yordan Gunawan, Amarta Yasyhini Ilka Haque, Paul Atagamen Aidonojie","doi":"10.31603/variajusticia.v19i1.6588","DOIUrl":"https://doi.org/10.31603/variajusticia.v19i1.6588","url":null,"abstract":"Today’s unresolved human rights issue is racial misbehavior and police brutality in all of its manifestations. The United States of America stands as a horrifying example of a State that has failed to protect its citizens against bigotry. This has been especially visible in recent years, with several incidents of unjustified police shootings of African-Americans culminating in the formation of the global movement known as “Black Lives Matter,” abbreviated as BLM, which began quietly as a Twitter hashtag. Thus, this study addressed how the legal enforcement against police brutality in the case of Black Lives Matter in the US in regards to human rights violations based on international human rights perspective. The author employed normative research in this study which focuses on library (literature) studies and emphasizes reading and analyzing resources. The result showed that police brutality against Black people is common in the US. Despite the fact that the US has considered regulatory frameworks that establish standards that address discriminatory racial practices in the targeting and killing of unarmed Black boys and men, the implementation of police brutality protection in the US has yet to be effective and thorough. As a result, national action is required to address this issue. There is an urgent need for top management and institutions to step up their supervision of police behavior in order to address the abuse of power by some police forces.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42830297","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 : 2023-04-29DOI: 10.31603/variajusticia.v19i1.8885
Aju Putrijanti, I. Cahyaningtyas
Environment dispute settlement carried out by general and administrative court, depends on the object of disputes. Government has to based on principle of good environmental governance when issue the permit and policies. The issues are the urgency to build environmental court and implementation of principle of good environmental governance. Method use is juridical normative, primary data used are regulations, secondary data are expert opinions, articles. Data analysis qualitatively and describe in descriptive analysis. Environmental court will be under Administrative Court as special court, which comprises of private, penal and administrative chamber. Implementation of principle of good environmental governance through issue permit, policies and supported by strengthen law enforcement. Regulations as based of law to build environmental court has to be synchronized with relevant regulations in order to enforce the environmental law enforcement and gives environmental justice. Novelty in this research is build environmental court to strengthen environmental law enforcement.
{"title":"Environmental Court and Principle of Good Environmental Governance in Enforcing Environmental Law","authors":"Aju Putrijanti, I. Cahyaningtyas","doi":"10.31603/variajusticia.v19i1.8885","DOIUrl":"https://doi.org/10.31603/variajusticia.v19i1.8885","url":null,"abstract":"Environment dispute settlement carried out by general and administrative court, depends on the object of disputes. Government has to based on principle of good environmental governance when issue the permit and policies. The issues are the urgency to build environmental court and implementation of principle of good environmental governance. Method use is juridical normative, primary data used are regulations, secondary data are expert opinions, articles. Data analysis qualitatively and describe in descriptive analysis. Environmental court will be under Administrative Court as special court, which comprises of private, penal and administrative chamber. Implementation of principle of good environmental governance through issue permit, policies and supported by strengthen law enforcement. Regulations as based of law to build environmental court has to be synchronized with relevant regulations in order to enforce the environmental law enforcement and gives environmental justice. Novelty in this research is build environmental court to strengthen environmental law enforcement. \u0000 ","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47124335","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 : 2023-04-29DOI: 10.31603/variajusticia.v19i1.8911
N. Sari
Halal product guarantee is one of the complex and long issues in Indonesia as it took more than 20 years to establish the regulation. The government must fulfill the consumer need for halal product guarantee by providing a reliable certification system. However, there are still many business actors who have not given priority to the importance of halal certification for their products because they think applying halal certification is complicated. Therefore, this research aims to examine the local government capacity to guarantee halal product from micro, small, and medium enterprises (MSME) in Kebumen. It was empirical normative legal research using qualitative approach. In this research, we used primary data collected through interviews, and secondary data sourced from literature study of primary, secondary, and tertiary legal materials. We analyzed the data using a qualitative descriptive approach. The results suggest that the local government capacity to guarantee halal products in Kebumen is advanced in terms of legal capacity. While in community empowerment and utilizing electronic application in halal product certification are still a challenge.
{"title":"Government Capacity to Guarantee Halal Product from Micro, Small, And Medium Enterprises in Kebumen","authors":"N. Sari","doi":"10.31603/variajusticia.v19i1.8911","DOIUrl":"https://doi.org/10.31603/variajusticia.v19i1.8911","url":null,"abstract":"Halal product guarantee is one of the complex and long issues in Indonesia as it took more than 20 years to establish the regulation. The government must fulfill the consumer need for halal product guarantee by providing a reliable certification system. However, there are still many business actors who have not given priority to the importance of halal certification for their products because they think applying halal certification is complicated. Therefore, this research aims to examine the local government capacity to guarantee halal product from micro, small, and medium enterprises (MSME) in Kebumen. It was empirical normative legal research using qualitative approach. In this research, we used primary data collected through interviews, and secondary data sourced from literature study of primary, secondary, and tertiary legal materials. We analyzed the data using a qualitative descriptive approach. The results suggest that the local government capacity to guarantee halal products in Kebumen is advanced in terms of legal capacity. While in community empowerment and utilizing electronic application in halal product certification are still a challenge.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45556143","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}
Digital banks in Indonesia are growing rapidly. This phenomenon has given rise to legal disharmony in laws and regulations, considering that banks are institutions with many regulations (fully regulated). Legal disharmony occurs because of the many weaknesses in the current banking regulations, which still focus on the Banking Laws. Law Number 10 of 1998 concerning banking was formed specifically to regulate conventional banking transactions, while the concept of digital banks in its implementation utilizes technology. This difference creates a gap leading to a legal vacuum. By interpreting the articles of Law Number 10 of 1998 concerning banking using a textual approach (focusing on text), this study unveiled that, as the basis for regulating digital banks, this law was still extremely low, limited and no longer compatible with the development of digital banks. Therefore, it is necessary to establish regulations for digital banks to provide legal protection to realize the legal goal of creating justice and legal certainty for the current and future development of the digital banking industry.
{"title":"Legal Reconstruction of Indonesian Banking Laws: Challenges and Opportunities for Digital Bank Regulation","authors":"Wardah Yuspin, Anindhita Nurfaatin Sukirman, Arief Budiono, Jompon Pitaksantayothin, Ata Fauzie","doi":"10.31603/variajusticia.v19i1.8019","DOIUrl":"https://doi.org/10.31603/variajusticia.v19i1.8019","url":null,"abstract":"Digital banks in Indonesia are growing rapidly. This phenomenon has given rise to legal disharmony in laws and regulations, considering that banks are institutions with many regulations (fully regulated). Legal disharmony occurs because of the many weaknesses in the current banking regulations, which still focus on the Banking Laws. Law Number 10 of 1998 concerning banking was formed specifically to regulate conventional banking transactions, while the concept of digital banks in its implementation utilizes technology. This difference creates a gap leading to a legal vacuum. By interpreting the articles of Law Number 10 of 1998 concerning banking using a textual approach (focusing on text), this study unveiled that, as the basis for regulating digital banks, this law was still extremely low, limited and no longer compatible with the development of digital banks. Therefore, it is necessary to establish regulations for digital banks to provide legal protection to realize the legal goal of creating justice and legal certainty for the current and future development of the digital banking industry.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43118560","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 : 2023-04-29DOI: 10.31603/variajusticia.v19i1.8769
Reni Budi Setianingrum, Mukti Fajar Nur Dewata, Rahul Kumar
Technology has become an essential part of human activities, people's needs and demands for it are significantly increased. People have become dependent on technology because they use it to travel, communicate, learn, do business and simplify human life. Currently, technology-based companies are growing rapidly all over the world, as we can see how Google, Facebook, Twitter, Microsoft, Apple, and various other companies dominate the market. Likewise in Indonesia, people's activities cannot be separated from various products from technology-based companies, such as Gojek, Tokopedia, Shopee, Grab, Traveloka, etc. Recently, Gojek and Tokopedia officially merged to become the GoTo Group and are claimed to be the largest technology group in Indonesia. This merger is usually carried out by business actors to seek more profit and to become a company that wins the market both on a national and international scale and in fact has a significant impact on changes in structure and control over the market so that there is a potential for abuse of dominant position to occur by limiting the choice of both products, quality, and price. Based on this case, this normative research using the case approach and statute approach aims to analyze how Indonesian competition law regulates technology company mergers, by comparing it with European Union competition law. The conclusion of this research is, lesson learn from European Union, Indonesian Competition Law needs to adapt the Data Protection Law in reviewing tehcnology company mergers in Indonesia.
{"title":"Technology Company Merger and Acquisition: a Study of Indonesian and European Union Competition Law","authors":"Reni Budi Setianingrum, Mukti Fajar Nur Dewata, Rahul Kumar","doi":"10.31603/variajusticia.v19i1.8769","DOIUrl":"https://doi.org/10.31603/variajusticia.v19i1.8769","url":null,"abstract":"Technology has become an essential part of human activities, people's needs and demands for it are significantly increased. People have become dependent on technology because they use it to travel, communicate, learn, do business and simplify human life. Currently, technology-based companies are growing rapidly all over the world, as we can see how Google, Facebook, Twitter, Microsoft, Apple, and various other companies dominate the market. Likewise in Indonesia, people's activities cannot be separated from various products from technology-based companies, such as Gojek, Tokopedia, Shopee, Grab, Traveloka, etc. Recently, Gojek and Tokopedia officially merged to become the GoTo Group and are claimed to be the largest technology group in Indonesia. This merger is usually carried out by business actors to seek more profit and to become a company that wins the market both on a national and international scale and in fact has a significant impact on changes in structure and control over the market so that there is a potential for abuse of dominant position to occur by limiting the choice of both products, quality, and price. Based on this case, this normative research using the case approach and statute approach aims to analyze how Indonesian competition law regulates technology company mergers, by comparing it with European Union competition law. The conclusion of this research is, lesson learn from European Union, Indonesian Competition Law needs to adapt the Data Protection Law in reviewing tehcnology company mergers in Indonesia.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48543744","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 : 2023-02-27DOI: 10.31603/variajusticia.v18i2.6619
Anak Agung Gede Duwira Hadi Santosa, I. Wijaya, Ni Luh Dewi Sundariwati, Made Dwita Martha
The concept of a Land Bank entity in the Job Creation Act and its derivative regulations reflects the contradictory dualism of the functions of the Land Bank agency. On the one hand, the Land Bank agency was formed to carry out public functions, but on the other hand, the Land Bank could carry out business activities. The existence of this dualism results in ambiguity and imbalance in the functions of the Land Bank agency. This research aims to examine the concept of a Land Bank entity as contained in the Job Creation Law and its derivative rules and to provide an overview of the model of a Land Bank entity in the future that can balance the implementation of public and business functions. The research used normative legal research supported by the statutory approach and a conceptual approach. The results show that the concept of a Land Bank agency in the Job Creation Law and its derivative rules still reflects the dualism of contradictory functions of the Land Bank agency, namely as executor of public functions and as executor of business activities. It is necessary to revamp the concept of the Land Bank agency to avoid conflicts of interest between public and private scope, by dividing the Land Bank entity into two types, which is the Land Bank entity in the form of public legal entity and/or private legal entity.
{"title":"The Concept of Land Bank Agency: Between Public or Bussiness Functions?","authors":"Anak Agung Gede Duwira Hadi Santosa, I. Wijaya, Ni Luh Dewi Sundariwati, Made Dwita Martha","doi":"10.31603/variajusticia.v18i2.6619","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i2.6619","url":null,"abstract":"The concept of a Land Bank entity in the Job Creation Act and its derivative regulations reflects the contradictory dualism of the functions of the Land Bank agency. On the one hand, the Land Bank agency was formed to carry out public functions, but on the other hand, the Land Bank could carry out business activities. The existence of this dualism results in ambiguity and imbalance in the functions of the Land Bank agency. This research aims to examine the concept of a Land Bank entity as contained in the Job Creation Law and its derivative rules and to provide an overview of the model of a Land Bank entity in the future that can balance the implementation of public and business functions. The research used normative legal research supported by the statutory approach and a conceptual approach. The results show that the concept of a Land Bank agency in the Job Creation Law and its derivative rules still reflects the dualism of contradictory functions of the Land Bank agency, namely as executor of public functions and as executor of business activities. It is necessary to revamp the concept of the Land Bank agency to avoid conflicts of interest between public and private scope, by dividing the Land Bank entity into two types, which is the Land Bank entity in the form of public legal entity and/or private legal entity.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48186613","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 : 2022-12-12DOI: 10.31603/variajusticia.v18i3.8363
Bagus Sarnawa
The purpose of this study is to ascertain the civil servant' general election neutrality model. This study used secondary data or library resources that included primary, secondary, and tertiary legal materials to accomplish its goals. This study interviewed practitioners such the National Civil Service Agency, the State Civil Apparatus Commission, and the Election Supervisory Board of the Republic of Indonesia in order to gather secondary data on personnel legislation and general elections. In this study, a statutory method was paired with a conceptual, historical, and comparative perspective. The outcomes demonstrated that civil servants' impartiality in general elections has never occurred from the start of independence till the present. This is a result of the system of subordination (unequal relations) between civil servant and political official. To balance positions between the two, it is therefore vital to separate civil servants from political officials. As a result, it is required to amend Law Number 5 of 2014 Concerning State Civil Apparatuses in order to control the separation of positions of Civil Servants and political authorities.
{"title":"Relations between the State Civil Apparatus and Regional Heads in the Indonesian State Civil Service System","authors":"Bagus Sarnawa","doi":"10.31603/variajusticia.v18i3.8363","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i3.8363","url":null,"abstract":"The purpose of this study is to ascertain the civil servant' general election neutrality model. This study used secondary data or library resources that included primary, secondary, and tertiary legal materials to accomplish its goals. This study interviewed practitioners such the National Civil Service Agency, the State Civil Apparatus Commission, and the Election Supervisory Board of the Republic of Indonesia in order to gather secondary data on personnel legislation and general elections. In this study, a statutory method was paired with a conceptual, historical, and comparative perspective. The outcomes demonstrated that civil servants' impartiality in general elections has never occurred from the start of independence till the present. This is a result of the system of subordination (unequal relations) between civil servant and political official. To balance positions between the two, it is therefore vital to separate civil servants from political officials. As a result, it is required to amend Law Number 5 of 2014 Concerning State Civil Apparatuses in order to control the separation of positions of Civil Servants and political authorities.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46844055","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 : 2022-12-12DOI: 10.31603/variajusticia.v18i3.7732
Rofi Aulia Rahman, Aimee Joy David, Jumi Apriza, József Hajdú
The aim of this article is to compare the legal development of the work-life balance directive in the European Union (EU) and Indonesia. The objective of the Work-Life Balance Directive is to enhance the existing EU legal framework for family-related leave and flexible work arrangements. The directive includes the introduction of paternity leave (the equivalent second parent/parent will be able to take at least 10 working days of maternity leave around the birth of the child, compensated at least at the rate of sick pay); the strengthening of the right to leave for birth for 4 months and the right to request flexible leave (e.g., part-time or gradually); and the establishment of nursing leave (5 days/year) for workers caring for permanency-impaired relatives. This policy can serve as a model for Indonesia in terms of defending worker rights and promoting a healthy work-life balance. Nonetheless, the Indonesian legal framework governing the work-life balance remains obscure. Therefore, the Indonesian legal system must modify existing regulations and/or pass new laws to ensure the quality of working time and life are balance which gradually could impact to the families economic stability.
{"title":"European Union Work-Life Balance Directive: A Lesson for Indonesia","authors":"Rofi Aulia Rahman, Aimee Joy David, Jumi Apriza, József Hajdú","doi":"10.31603/variajusticia.v18i3.7732","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i3.7732","url":null,"abstract":"The aim of this article is to compare the legal development of the work-life balance directive in the European Union (EU) and Indonesia. The objective of the Work-Life Balance Directive is to enhance the existing EU legal framework for family-related leave and flexible work arrangements. The directive includes the introduction of paternity leave (the equivalent second parent/parent will be able to take at least 10 working days of maternity leave around the birth of the child, compensated at least at the rate of sick pay); the strengthening of the right to leave for birth for 4 months and the right to request flexible leave (e.g., part-time or gradually); and the establishment of nursing leave (5 days/year) for workers caring for permanency-impaired relatives. This policy can serve as a model for Indonesia in terms of defending worker rights and promoting a healthy work-life balance. Nonetheless, the Indonesian legal framework governing the work-life balance remains obscure. Therefore, the Indonesian legal system must modify existing regulations and/or pass new laws to ensure the quality of working time and life are balance which gradually could impact to the families economic stability.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70019792","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 : 2022-12-12DOI: 10.31603/variajusticia.v18i3.7979
Irham Rosyidi, Mahmud Hi Umar, Kachippa Suvirat, Aslan Rumicovic
In Indonesia, there are still people who are registered as permanent voters but have not exercised their voting rights. This study aims to analyze people's preferences in the implementation of simultaneous regional head elections in Ternate City, as well as the efforts made by the General Election Supervisory Agency to suppress the practice of money politics in the 2024 Simultaneous Regional Head Elections in Ternate City. This research used the anthropological approach which studied the behavior or preferences of society during the simultaneous election of regional heads in Ternate City. This study used a sociological research method, where the author carried out direct observations or research in the field to obtain accurate data to answer the research problems. Results showed that voters in Ternate City tend to become irrational voters during simultaneous regional head elections and most respondents (40%) stated that they chose candidate pairs based on cash compensation, projects, and positions. Then, the General Election Supervisory Agency makes efforts to suppress money politics in the 2014 Simultaneous Regional Head Election in Ternate City by applying the participatory monitoring movement.
{"title":"Law, Money Politics, and Public Preferences in Choosing Regional Head Candidates in Ternate City, Indonesia","authors":"Irham Rosyidi, Mahmud Hi Umar, Kachippa Suvirat, Aslan Rumicovic","doi":"10.31603/variajusticia.v18i3.7979","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i3.7979","url":null,"abstract":"In Indonesia, there are still people who are registered as permanent voters but have not exercised their voting rights. This study aims to analyze people's preferences in the implementation of simultaneous regional head elections in Ternate City, as well as the efforts made by the General Election Supervisory Agency to suppress the practice of money politics in the 2024 Simultaneous Regional Head Elections in Ternate City. This research used the anthropological approach which studied the behavior or preferences of society during the simultaneous election of regional heads in Ternate City. This study used a sociological research method, where the author carried out direct observations or research in the field to obtain accurate data to answer the research problems. Results showed that voters in Ternate City tend to become irrational voters during simultaneous regional head elections and most respondents (40%) stated that they chose candidate pairs based on cash compensation, projects, and positions. Then, the General Election Supervisory Agency makes efforts to suppress money politics in the 2014 Simultaneous Regional Head Election in Ternate City by applying the participatory monitoring movement.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46866468","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 : 2022-12-12DOI: 10.31603/variajusticia.v18i3.8376
M. K. Hamsin, A. Halim, Rizaldy Anggriawan, A. Fanani
One of the most significant concerns in the practice of Sharia Rural Banks is Islamic compliance. This is necessary to guarantee that the policies, provisions, processes, and procedures, as well as the Sharia Rural Bank’s (BPRS) business activities, are in accordance with the provisions and Sharia Principles. The aim in this paper is to extensively evaluate whether Sharia rural banks have completely implemented and conformed with Sharia norms and values, particularly when it comes to Murabaha financing practices. It elaborates on the compliance assessment from the initial application of Murabaha to its complete execution. It also explores the BPRS debt settlement plan, which is in accordance with the DSN-MUI Fatwa, and discusses the OJK Policy on the restructuring process during the Covid-19 crisis. The paper used a normative-empirical research method with employing statutory and conceptual approaches. The análysis of data is described in qualitative-descriptive where the data was obtained from library and empirical research. The findings show that, with a few outliers, the DSN-MUI Fatwa and OJK Policy are implemented in the execution of Murabaha contracts at BPRS. Even during a pandemic crisis, when many customers were unable to settle their debts, the bank was compelled to postpone the debt while still adhering to Sharia principles. However, certain features, particularly the application of the Murabaha contract that is preceded by a wakalah contract, are thought to be in contradiction of the DSN-MUI fatwa on Murabaha.
{"title":"Sharia Compliance on Murabaha Financing in Sharia Rural Banks: A Review of Recent Practices","authors":"M. K. Hamsin, A. Halim, Rizaldy Anggriawan, A. Fanani","doi":"10.31603/variajusticia.v18i3.8376","DOIUrl":"https://doi.org/10.31603/variajusticia.v18i3.8376","url":null,"abstract":"One of the most significant concerns in the practice of Sharia Rural Banks is Islamic compliance. This is necessary to guarantee that the policies, provisions, processes, and procedures, as well as the Sharia Rural Bank’s (BPRS) business activities, are in accordance with the provisions and Sharia Principles. The aim in this paper is to extensively evaluate whether Sharia rural banks have completely implemented and conformed with Sharia norms and values, particularly when it comes to Murabaha financing practices. It elaborates on the compliance assessment from the initial application of Murabaha to its complete execution. It also explores the BPRS debt settlement plan, which is in accordance with the DSN-MUI Fatwa, and discusses the OJK Policy on the restructuring process during the Covid-19 crisis. The paper used a normative-empirical research method with employing statutory and conceptual approaches. The análysis of data is described in qualitative-descriptive where the data was obtained from library and empirical research. The findings show that, with a few outliers, the DSN-MUI Fatwa and OJK Policy are implemented in the execution of Murabaha contracts at BPRS. Even during a pandemic crisis, when many customers were unable to settle their debts, the bank was compelled to postpone the debt while still adhering to Sharia principles. However, certain features, particularly the application of the Murabaha contract that is preceded by a wakalah contract, are thought to be in contradiction of the DSN-MUI fatwa on Murabaha.","PeriodicalId":31904,"journal":{"name":"Varia Justicia","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43860123","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}
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