Pub Date : 2022-12-24DOI: 10.26555/novelty.v13i2.a20631
A. Ningsih
Introduction to The Problem: Competition is necessary in the business world; business actors are no stranger to competition between business actors in their business activities. It is done solely for profit. Indonesia establishes the Business Competition Supervisory Commission (KPPU) as a form of the state's presence in protecting business actors who have been honest in carrying out their business activities. Purpose/Objective Study: This research aims to conduct comparative research related to the duties and powers of the business competition supervisory institution in Indonesia and Thailand to provide recommendations on issues related to strengthening the role of KPPU in Indonesia. Design/Methodology/Approach: This type of research is empirical legal research. The study employed the primary data through interview with KPPU and data from a literature review and analyzed it through the statue approach. Findings: Based on studying Thai Competition Act and The Thai Fair-Trade Commission (TFTC), the authors conclude that Indonesia Anti-Monopoly Act and Komisi Pengawas Persaingan Usaha (KPPU) are more simply and comprehensive in regulating business competition. Thailand has more than one institution who handle the business competition, it is impressed more complicated and not integrated.
{"title":"Business Competition Supervisory Institution: A Comparison between Indonesia and Thailand","authors":"A. Ningsih","doi":"10.26555/novelty.v13i2.a20631","DOIUrl":"https://doi.org/10.26555/novelty.v13i2.a20631","url":null,"abstract":"Introduction to The Problem: Competition is necessary in the business world; business actors are no stranger to competition between business actors in their business activities. It is done solely for profit. Indonesia establishes the Business Competition Supervisory Commission (KPPU) as a form of the state's presence in protecting business actors who have been honest in carrying out their business activities. Purpose/Objective Study: This research aims to conduct comparative research related to the duties and powers of the business competition supervisory institution in Indonesia and Thailand to provide recommendations on issues related to strengthening the role of KPPU in Indonesia. Design/Methodology/Approach: This type of research is empirical legal research. The study employed the primary data through interview with KPPU and data from a literature review and analyzed it through the statue approach. Findings: Based on studying Thai Competition Act and The Thai Fair-Trade Commission (TFTC), the authors conclude that Indonesia Anti-Monopoly Act and Komisi Pengawas Persaingan Usaha (KPPU) are more simply and comprehensive in regulating business competition. Thailand has more than one institution who handle the business competition, it is impressed more complicated and not integrated.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46949396","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 : 2022-12-24DOI: 10.26555/novelty.v13i2.a22274
Ashar Sinilele, Suriyadi Suriyadi, S. Alim
Introduction to The Problem: This research analyzes covid-19, designated a disaster by the Indonesian government, especially its correlation to finance agreements in Islamic banks. The determination of disaster raises the question of whether covid-19 is a force majeure or hardship. According to Financial Service Authority (OJK), non-performing financing in Islamic banks is increased. Implementation of Force majeure principle to finance agreement in Islamic bank as a government policy is not right decision. Purpose/Objective Study: this legal research aims to analyze the effects of the coronavirus disease 2019 on finance agreements in Islamic banks and how is the implementation due covid-19 to renegotiation of finance agreement force majeure principle or hardship principle. Design/Methodology/Approach: This legal research is a normative legal study with two approaches: statute and conceptual approaches. Primary sources from Finance agreements in Islamic banks and statutes/rules. Secondary sources are books, journals, research, and dictionary. The legal analysis is carried out by classification of primary and secondary sources using the statute and conceptual approaches. Findings : The spread of the covid-19 virus has had many impacts on the ability of Islamic bank debtors to carry out their achievements due to the difficult conditions experienced due to restrictions by the government. The determination of the status of covid-19 as a disaster has implications for the occurrence of forced circumstances, so it is necessary to make adjustments to the situation based on the principle of hardship for financing agreements with Islamic banks. The occurrence of hardship for sharia bank customers provides an opportunity for customers to apply for contract renegotiation in the context of adjusting problematic contracts in the form of rescheduling, reconditioning, or restructuring.
{"title":"Implementation of Hardship Principles on Financing Agreements Islamic Bank Due to Corona Virus Disease 2019","authors":"Ashar Sinilele, Suriyadi Suriyadi, S. Alim","doi":"10.26555/novelty.v13i2.a22274","DOIUrl":"https://doi.org/10.26555/novelty.v13i2.a22274","url":null,"abstract":"Introduction to The Problem: This research analyzes covid-19, designated a disaster by the Indonesian government, especially its correlation to finance agreements in Islamic banks. The determination of disaster raises the question of whether covid-19 is a force majeure or hardship. According to Financial Service Authority (OJK), non-performing financing in Islamic banks is increased. Implementation of Force majeure principle to finance agreement in Islamic bank as a government policy is not right decision. Purpose/Objective Study: this legal research aims to analyze the effects of the coronavirus disease 2019 on finance agreements in Islamic banks and how is the implementation due covid-19 to renegotiation of finance agreement force majeure principle or hardship principle. Design/Methodology/Approach: This legal research is a normative legal study with two approaches: statute and conceptual approaches. Primary sources from Finance agreements in Islamic banks and statutes/rules. Secondary sources are books, journals, research, and dictionary. The legal analysis is carried out by classification of primary and secondary sources using the statute and conceptual approaches. Findings : The spread of the covid-19 virus has had many impacts on the ability of Islamic bank debtors to carry out their achievements due to the difficult conditions experienced due to restrictions by the government. The determination of the status of covid-19 as a disaster has implications for the occurrence of forced circumstances, so it is necessary to make adjustments to the situation based on the principle of hardship for financing agreements with Islamic banks. The occurrence of hardship for sharia bank customers provides an opportunity for customers to apply for contract renegotiation in the context of adjusting problematic contracts in the form of rescheduling, reconditioning, or restructuring.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46810140","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 : 2022-12-24DOI: 10.26555/novelty.v13i2.a24079
Anom Wahyu Asmorojati, S. Suyadi, King Faisal Sulaiman
Introduction to The Problem: In general, a unitary state, which democratically runs the government, rejects a monarchist system. But, Indonesia, as a unitary state which applies democracy, accepts the Special Region of Yogyakarta to have a monarchical system through the application of asymmetric decentralization. Purpose: This research aims to find the pattern of relationships and authority between a democratic unitary state and a monarchist regional government, particularly the Special Region of Yogyakarta. Methodology: This research is normative legal research that analyzes Law No. 13 of 2012 Concerning the Particularity of Yogyakarta, Regulations and Royal Decrees, and Royal Pronouncements. Findings: Indonesia and Yogyakarta’s asymmetric decentralization has a uniqueness over the asymmetric decentralization in federal states by promulgating the Sultan as the governor. Although this promulgation accords with Law No. 13 of 2012 and the Keraton Yogyakarta Hadiningrat (Yogyakarta Palace) Regulation; however, of late, both an internal and external polemic has arisen. This polemic has been triggered by Constitutional Decision No. 88/ PUU-XIV/2016 and Royal Decree and Pronouncement, which permits a female Sultan, whereas the Law of Particularity and Royal Decree confirm the Sultan must be male. This polemic
{"title":"Asymmetric Decentralization in A Unitary State: The Legitimization of The Sultan’s Daughter as The Governor of the Special Region of Yogyakarta","authors":"Anom Wahyu Asmorojati, S. Suyadi, King Faisal Sulaiman","doi":"10.26555/novelty.v13i2.a24079","DOIUrl":"https://doi.org/10.26555/novelty.v13i2.a24079","url":null,"abstract":"Introduction to The Problem: In general, a unitary state, which democratically runs the government, rejects a monarchist system. But, Indonesia, as a unitary state which applies democracy, accepts the Special Region of Yogyakarta to have a monarchical system through the application of asymmetric decentralization. Purpose: This research aims to find the pattern of relationships and authority between a democratic unitary state and a monarchist regional government, particularly the Special Region of Yogyakarta. Methodology: This research is normative legal research that analyzes Law No. 13 of 2012 Concerning the Particularity of Yogyakarta, Regulations and Royal Decrees, and Royal Pronouncements. Findings: Indonesia and Yogyakarta’s asymmetric decentralization has a uniqueness over the asymmetric decentralization in federal states by promulgating the Sultan as the governor. Although this promulgation accords with Law No. 13 of 2012 and the Keraton Yogyakarta Hadiningrat (Yogyakarta Palace) Regulation; however, of late, both an internal and external polemic has arisen. This polemic has been triggered by Constitutional Decision No. 88/ PUU-XIV/2016 and Royal Decree and Pronouncement, which permits a female Sultan, whereas the Law of Particularity and Royal Decree confirm the Sultan must be male. This polemic","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41926313","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 : 2022-12-24DOI: 10.26555/novelty.v13i2.a23177
I. Putranti
{"title":"Principle of Technological Neutrality in Trade Facilitations: A Legal Perspective","authors":"I. Putranti","doi":"10.26555/novelty.v13i2.a23177","DOIUrl":"https://doi.org/10.26555/novelty.v13i2.a23177","url":null,"abstract":"","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48541057","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 : 2022-12-24DOI: 10.26555/novelty.v13i2.a23798
Hijriani Hijriani, Rizki Ramadani, Muhammad Nadzirin Anshari Nur
{"title":"The Role of Corporations in the Protection of Human Rights During the Covid-19 Pandemic","authors":"Hijriani Hijriani, Rizki Ramadani, Muhammad Nadzirin Anshari Nur","doi":"10.26555/novelty.v13i2.a23798","DOIUrl":"https://doi.org/10.26555/novelty.v13i2.a23798","url":null,"abstract":"","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43931680","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 : 2022-12-24DOI: 10.26555/novelty.v13i2.a23592
A. Erawati, Seyed Mohammad Asadinejad, Seyedeh Maryam Asadinejad
{"title":"Legal Consistency of Health Personnel in Making Medical Records","authors":"A. Erawati, Seyed Mohammad Asadinejad, Seyedeh Maryam Asadinejad","doi":"10.26555/novelty.v13i2.a23592","DOIUrl":"https://doi.org/10.26555/novelty.v13i2.a23592","url":null,"abstract":"","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42165767","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 : 2022-12-24DOI: 10.26555/novelty.v13i2.a23799
Wita Setyaningrum, Aimee Cepee Morana, Khusnul Nur Vaizi, Retno Damarina, S. A. Akbar, Sakti Oktasari
{"title":"Anticipation of the ITE Law and Reconciliation of Its Forms Freedom of Expression through the E-Hights Website","authors":"Wita Setyaningrum, Aimee Cepee Morana, Khusnul Nur Vaizi, Retno Damarina, S. A. Akbar, Sakti Oktasari","doi":"10.26555/novelty.v13i2.a23799","DOIUrl":"https://doi.org/10.26555/novelty.v13i2.a23799","url":null,"abstract":"","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42550309","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 : 2022-12-24DOI: 10.26555/novelty.v13i2.a20653
Yordan Gunawan, Amarta Yasyhini Ilka Haque, Moli Aya Mina Rahma, Nazella Jeanny Andrian
Introduction to The Problem: As one of the countries which ratified the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, Indonesia recognizes the protection of child trafficking. However, the activity of child trafficking is still rampant throughout Indonesia. Purpose/Objective Study: Hence, this research aims to analyze further the implementation of the UN Palermo Protocol on the legal protection of street children trafficked in Indonesia. Design/Methodology/Approach: The research was normative legal research method or qualitative legal research. Findings: According to the findings of the study, as part of the implementation of the UN Palermo Protocol, Indonesia has made significant efforts to combat human trafficking crime through multilateral agreements and cooperation, the establishment of some related services, and the enactment of numerous legal products. Despite the fact that many efforts have been made by Indonesia to address the crime of child trafficking, the law enforcement on the crime of human trafficking in Indonesia is still inadequate. There are still many children on the street who are victims of human trafficking. As a result, we propose that the
{"title":"UN Palermo Protocol's Implementation on the Legal Protection of Street Children Trafficked in Indonesia","authors":"Yordan Gunawan, Amarta Yasyhini Ilka Haque, Moli Aya Mina Rahma, Nazella Jeanny Andrian","doi":"10.26555/novelty.v13i2.a20653","DOIUrl":"https://doi.org/10.26555/novelty.v13i2.a20653","url":null,"abstract":"Introduction to The Problem: As one of the countries which ratified the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, Indonesia recognizes the protection of child trafficking. However, the activity of child trafficking is still rampant throughout Indonesia. Purpose/Objective Study: Hence, this research aims to analyze further the implementation of the UN Palermo Protocol on the legal protection of street children trafficked in Indonesia. Design/Methodology/Approach: The research was normative legal research method or qualitative legal research. Findings: According to the findings of the study, as part of the implementation of the UN Palermo Protocol, Indonesia has made significant efforts to combat human trafficking crime through multilateral agreements and cooperation, the establishment of some related services, and the enactment of numerous legal products. Despite the fact that many efforts have been made by Indonesia to address the crime of child trafficking, the law enforcement on the crime of human trafficking in Indonesia is still inadequate. There are still many children on the street who are victims of human trafficking. As a result, we propose that the","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47836709","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a19018
Sarip Sarip, Dian Fitriana, Aip Syarifudin, A. Romdoni, Multahibun Multahibun
Introduction : This study aimed to examine the legal dialectic over the age limit for marriage and political rights in Indonesia. It was promoted by a new marriage regulation stipulating the minimum age of nineteen years for men and women. This regulation correlates with the rules containing the minimum age limit, necessitating a further discussion. Objective: Previous studies on the minimum age limit did not focus on the law dialectic. Methodology: There are contradictions between the normative method of law and the idea of legal dialectics. The conclusions were drawn inductively. Findings: There are inequalities in several laws and regulations over the minimum age. The legal products, including a minimum age, are specific to certain laws and actions. The marriage dispensation has broken through higher laws, significantly impacting political rights. Therefore, positive law that ideally becomes a thesis turns into an antithesis due to the dispensation. The minimum marriage age of nineteen years for men and women is a synthesis and a new thesis, while those under eighteen are considered children (Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection). This is the impact of feminism development in Indonesia (Mustika, 2016). In politics, the minimum limit aims to select seventeen years or those married (Law No. 7 of 2017 concerning General Elections). Differences in the minimum limit, marriage, children, and different political rights place age as a thesis. Additionally, marriage, children, and political rights are a synthesis. The exceptions to the marriage dispensation create automatic maturity for those non-compliant with the adult requirements set by Indonesian law, except in criminal cases. The marriage dispensation places those married as workers with equal rights and obligations as adults, as stipulated in the labor law. In administrative law, people could apply for citizenship because they are considered mature by the marriage dispensation. This is similar to Law No. 7 of 2017, where a marriage dispensation allows people to become adults beyond the age limit regulated in the election laws. law rules.
{"title":"Legal Dialectics: Age Limits for Marriage and Political Rights in Indonesia","authors":"Sarip Sarip, Dian Fitriana, Aip Syarifudin, A. Romdoni, Multahibun Multahibun","doi":"10.26555/novelty.v13i1.a19018","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a19018","url":null,"abstract":"Introduction : This study aimed to examine the legal dialectic over the age limit for marriage and political rights in Indonesia. It was promoted by a new marriage regulation stipulating the minimum age of nineteen years for men and women. This regulation correlates with the rules containing the minimum age limit, necessitating a further discussion. Objective: Previous studies on the minimum age limit did not focus on the law dialectic. Methodology: There are contradictions between the normative method of law and the idea of legal dialectics. The conclusions were drawn inductively. Findings: There are inequalities in several laws and regulations over the minimum age. The legal products, including a minimum age, are specific to certain laws and actions. The marriage dispensation has broken through higher laws, significantly impacting political rights. Therefore, positive law that ideally becomes a thesis turns into an antithesis due to the dispensation. The minimum marriage age of nineteen years for men and women is a synthesis and a new thesis, while those under eighteen are considered children (Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection). This is the impact of feminism development in Indonesia (Mustika, 2016). In politics, the minimum limit aims to select seventeen years or those married (Law No. 7 of 2017 concerning General Elections). Differences in the minimum limit, marriage, children, and different political rights place age as a thesis. Additionally, marriage, children, and political rights are a synthesis. The exceptions to the marriage dispensation create automatic maturity for those non-compliant with the adult requirements set by Indonesian law, except in criminal cases. The marriage dispensation places those married as workers with equal rights and obligations as adults, as stipulated in the labor law. In administrative law, people could apply for citizenship because they are considered mature by the marriage dispensation. This is similar to Law No. 7 of 2017, where a marriage dispensation allows people to become adults beyond the age limit regulated in the election laws. law rules.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45869625","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 : 2022-07-22DOI: 10.26555/novelty.v13i1.a23582
Saliu Jimoh, A. Shittu, Sodiq S. Mustapha
Introduction to the Problem: Blasphemy in religion undoubtedly jeopardises the universal human right of freedom of religion in any society. Considering that it is ethno-religiously linked and sensitive in multi-religious environments, the offence is proscribed under the Nigerian laws. With the re-emergence of democracy in Nigeria, the Criminal Justice System became expanded with the birth of a fully-fledged Shariah practice in some areas in Nigeria. The recent death sentence passed on a musician, Aminu, for the alleged offence of blasphemy by a Shariah Court in Kano State attracted the attention of the masses, particularly prompting the question of the propriety or otherwise of the punishment. Purpose/Objective Study: This work examined the societal, judicial and Islamic law perspectives on blasphemy with a view to proffering viable options as punishment for the offence. Design/Methodology/Approach: Doctrinal legal research methodology was adopted, and it involves primary sourcing materials from Quran, Sunnah , Acts and Cases. Secondary sources include journal articles, textbooks, official documents online and in newspaper. Findings: The findings revealed that the death penalty for the offence is incompatible with the most convincing opinion of scholars, the reality of Nigeria and the international best practices. It is consequently suggested that offence and punishments for blasphemy should be treated as a ta’zir, and the punishment should be less than death.
{"title":"The Nigerian Criminal Justice and the Belligerence of Blasphemy: Societal, Judicial and Islamic Law Perspectives","authors":"Saliu Jimoh, A. Shittu, Sodiq S. Mustapha","doi":"10.26555/novelty.v13i1.a23582","DOIUrl":"https://doi.org/10.26555/novelty.v13i1.a23582","url":null,"abstract":"Introduction to the Problem: Blasphemy in religion undoubtedly jeopardises the universal human right of freedom of religion in any society. Considering that it is ethno-religiously linked and sensitive in multi-religious environments, the offence is proscribed under the Nigerian laws. With the re-emergence of democracy in Nigeria, the Criminal Justice System became expanded with the birth of a fully-fledged Shariah practice in some areas in Nigeria. The recent death sentence passed on a musician, Aminu, for the alleged offence of blasphemy by a Shariah Court in Kano State attracted the attention of the masses, particularly prompting the question of the propriety or otherwise of the punishment. Purpose/Objective Study: This work examined the societal, judicial and Islamic law perspectives on blasphemy with a view to proffering viable options as punishment for the offence. Design/Methodology/Approach: Doctrinal legal research methodology was adopted, and it involves primary sourcing materials from Quran, Sunnah , Acts and Cases. Secondary sources include journal articles, textbooks, official documents online and in newspaper. Findings: The findings revealed that the death penalty for the offence is incompatible with the most convincing opinion of scholars, the reality of Nigeria and the international best practices. It is consequently suggested that offence and punishments for blasphemy should be treated as a ta’zir, and the punishment should be less than death.","PeriodicalId":32116,"journal":{"name":"Jurnal Hukum Novelty","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46545943","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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