Pub Date : 2021-11-30DOI: 10.19184/ejlh.v8i3.27138
S. Dawood, A. Azhar
Following China's decision to ban trash import in 2018, some countries in Southeast Asia are at the forefront of banning and imposing stringent measures to crackdown trash trade. The new trend in trash trade regulations had further impacted weaker countries and made a haven for dumping waste unless they adopt a uniform mechanism to regulate or completely ban trash trade within the region. This study aimed to analyze the recent response of some developing countries to the trash trade and how likely this response impact other countries in the same region, taking into account the impact of the trash trade on the environment and health and waste handling capacity. This study adopted doctrinal analysis that combined descriptive and analytical approaches to analyze trash trade and regulation impacts in developing countries and arrived at a need for a holistic approach and national waste management policy to encourage the recycling industry in trash receiving states. This study found that although developing countries had a perfect set of rules and norms regarding sustainable waste management and protecting illicit trash trade, most of them had shortages due to internal and external factors. Solid waste management in developing and least developed countries was a never-ending problem due to the low technological requirements and economic investments. KEYWORDS: Trash Trade, Developing Countries, Environmental Justice.
{"title":"Trash Trade and Environmental Regulations: An Assessment","authors":"S. Dawood, A. Azhar","doi":"10.19184/ejlh.v8i3.27138","DOIUrl":"https://doi.org/10.19184/ejlh.v8i3.27138","url":null,"abstract":"Following China's decision to ban trash import in 2018, some countries in Southeast Asia are at the forefront of banning and imposing stringent measures to crackdown trash trade. The new trend in trash trade regulations had further impacted weaker countries and made a haven for dumping waste unless they adopt a uniform mechanism to regulate or completely ban trash trade within the region. This study aimed to analyze the recent response of some developing countries to the trash trade and how likely this response impact other countries in the same region, taking into account the impact of the trash trade on the environment and health and waste handling capacity. This study adopted doctrinal analysis that combined descriptive and analytical approaches to analyze trash trade and regulation impacts in developing countries and arrived at a need for a holistic approach and national waste management policy to encourage the recycling industry in trash receiving states. This study found that although developing countries had a perfect set of rules and norms regarding sustainable waste management and protecting illicit trash trade, most of them had shortages due to internal and external factors. Solid waste management in developing and least developed countries was a never-ending problem due to the low technological requirements and economic investments. \u0000KEYWORDS: Trash Trade, Developing Countries, Environmental Justice.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43752815","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}
Regulations in the business activities of savings and loan cooperatives that allow cooperatives to collect funds from prospective members result in the possibility of issuing product to non-member communities. This study analyzed that the practice of issuing products to non-member communities is a deviation of cooperative’s business activity based on the laws and regulations in the cooperative sector and eliminates the identity of the cooperative in the form of the principle of membership, which is the specialty of the cooperative and the purpose of a cooperative business entity for the welfare of its members. The study used a normative approach, which aimed to examine existing regulations and relate to legal principles and theories. This study was descriptive-analytical by explaining, describing, and correlating legal rules and theories with the problems regarding the raise funds business from prospective members. It accounted the cooperative regulations, objectives, and principles of membership in cooperatives to the practice of issuing products to non-member communities that deviate from statutory regulations does not arise. This study showed that the practice of publishing products to non-member communities is a deviation from statutory regulations, objectives, and membership principles in cooperatives. In the meantime, the implementation of cooperatives while maintaining cooperatives' identity requires the role of all cooperative actors, the government, and the general public in preventing and following up on savings and loan cooperative practices that eliminate membership rights for service users. KEYWORDS: Cooperative Law, Cooperatives in Indonesia, Economic Democracy.
{"title":"Legal Aspects of Cooperatives’ Issuance of Products to Non-Member Communities in Indonesia","authors":"Dhia Novita Adristi, Elisatris Gultom, Pupung Faisal","doi":"10.19184/ejlh.v8i2.21783","DOIUrl":"https://doi.org/10.19184/ejlh.v8i2.21783","url":null,"abstract":"Regulations in the business activities of savings and loan cooperatives that allow cooperatives to collect funds from prospective members result in the possibility of issuing product to non-member communities. This study analyzed that the practice of issuing products to non-member communities is a deviation of cooperative’s business activity based on the laws and regulations in the cooperative sector and eliminates the identity of the cooperative in the form of the principle of membership, which is the specialty of the cooperative and the purpose of a cooperative business entity for the welfare of its members. The study used a normative approach, which aimed to examine existing regulations and relate to legal principles and theories. This study was descriptive-analytical by explaining, describing, and correlating legal rules and theories with the problems regarding the raise funds business from prospective members. It accounted the cooperative regulations, objectives, and principles of membership in cooperatives to the practice of issuing products to non-member communities that deviate from statutory regulations does not arise. This study showed that the practice of publishing products to non-member communities is a deviation from statutory regulations, objectives, and membership principles in cooperatives. In the meantime, the implementation of cooperatives while maintaining cooperatives' identity requires the role of all cooperative actors, the government, and the general public in preventing and following up on savings and loan cooperative practices that eliminate membership rights for service users. \u0000KEYWORDS: Cooperative Law, Cooperatives in Indonesia, Economic Democracy.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46278158","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 : 2021-07-28DOI: 10.19184/ejlh.v8i2.23515
Muhammad Rafliansah Aziz, Muhammad Alfitras Tavares, Chalisa Jasmine Azhima
While the COVID-19 pandemic is far from the end, vaccinations have become an inevitable alternative in combating this pandemic. According to the WHO, COVID-19 vaccines are considered public goods. Consequently, they should be distributed equally to the citizens as the fulfillment of the right to health. This study aimed to analyze how COVID-19 vaccinations in Indonesia have been practiced. Also, it examined the government’s responsibility to ensure that COVID-19 vaccines are distributed equally in reflecting distributive justice by enquiring to what extent the government’s policy on independent vaccination relates to the fulfillment of human rights. This study used a legal research method based on a literature review. This study showed that some aspects of the vaccination are under distributive justice and welfare state. However, the Gotong Royong vaccination policy does not refer to distributive justice and the welfare state, resulting in injustice, discrimination, and economic inequality because it only provides certain privileged citizens access to vaccines. Therefore, the government needs to reconsider the Gotong Royong vaccination, focusing on accelerating the vaccination system for vulnerable individuals and groups. KEYWORDS: COVID-19, Right to Health, Social Justice, Vulnerable Groups.
{"title":"COVID-19 Vaccinations and the Right to Health in Indonesia: Social Justice Analysis","authors":"Muhammad Rafliansah Aziz, Muhammad Alfitras Tavares, Chalisa Jasmine Azhima","doi":"10.19184/ejlh.v8i2.23515","DOIUrl":"https://doi.org/10.19184/ejlh.v8i2.23515","url":null,"abstract":"While the COVID-19 pandemic is far from the end, vaccinations have become an inevitable alternative in combating this pandemic. According to the WHO, COVID-19 vaccines are considered public goods. Consequently, they should be distributed equally to the citizens as the fulfillment of the right to health. This study aimed to analyze how COVID-19 vaccinations in Indonesia have been practiced. Also, it examined the government’s responsibility to ensure that COVID-19 vaccines are distributed equally in reflecting distributive justice by enquiring to what extent the government’s policy on independent vaccination relates to the fulfillment of human rights. This study used a legal research method based on a literature review. This study showed that some aspects of the vaccination are under distributive justice and welfare state. However, the Gotong Royong vaccination policy does not refer to distributive justice and the welfare state, resulting in injustice, discrimination, and economic inequality because it only provides certain privileged citizens access to vaccines. Therefore, the government needs to reconsider the Gotong Royong vaccination, focusing on accelerating the vaccination system for vulnerable individuals and groups. \u0000KEYWORDS: COVID-19, Right to Health, Social Justice, Vulnerable Groups.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"1620 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41279294","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 : 2021-07-28DOI: 10.19184/ejlh.v8i2.23503
Rofi Wahanisa, Rahmawati Prihastuty, Muhammad Dzikirullah H. Noho
The increasing internet penetration in Indonesia has provided adolescents to expose pornographic content advertently. It inevitably includes other adverse impacts like fraud and violence, which begin with cyberspace. Also, cyberbullies on the internet have become a serious concern on how the government has anticipated it to prevent more practices in this cross-border experience. This study aimed to address the causes and impacts of online-based media on adolescents with the following preventive measures to reduce increasing cases of cyberbullying in Indonesia. This study used legal research in assessing the issue by sourcing primary data from statutory regulations and secondary data from academic resources. This study showed that cyberbullying continues to become an annoying issue among children, adolescents, and adults. The existing regulations provide insufficient protection preventing these practices because it does not specifically regulate its types and forms at defining cyberbullying. It suggested introducing a more specific regulation that outlines cyberbullying in ensuring the protection amidst the more borderless communication to prevent more adverse impacts on victims. KEYWORDS: Cyberbullying, Information and Technology Law, Child Protection.
{"title":"Preventive Measures of Cyberbullying on Adolescents in Indonesia: A Legal Analysis","authors":"Rofi Wahanisa, Rahmawati Prihastuty, Muhammad Dzikirullah H. Noho","doi":"10.19184/ejlh.v8i2.23503","DOIUrl":"https://doi.org/10.19184/ejlh.v8i2.23503","url":null,"abstract":"The increasing internet penetration in Indonesia has provided adolescents to expose pornographic content advertently. It inevitably includes other adverse impacts like fraud and violence, which begin with cyberspace. Also, cyberbullies on the internet have become a serious concern on how the government has anticipated it to prevent more practices in this cross-border experience. This study aimed to address the causes and impacts of online-based media on adolescents with the following preventive measures to reduce increasing cases of cyberbullying in Indonesia. This study used legal research in assessing the issue by sourcing primary data from statutory regulations and secondary data from academic resources. This study showed that cyberbullying continues to become an annoying issue among children, adolescents, and adults. The existing regulations provide insufficient protection preventing these practices because it does not specifically regulate its types and forms at defining cyberbullying. It suggested introducing a more specific regulation that outlines cyberbullying in ensuring the protection amidst the more borderless communication to prevent more adverse impacts on victims. \u0000KEYWORDS: Cyberbullying, Information and Technology Law, Child Protection.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44680367","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 : 2021-07-28DOI: 10.19184/ejlh.v8i2.24232
Md. Toriqul Islam
Constitutional guarantees are such a body of interests or basic human rights which are inevitable for each human being. These rights are principally inherent, inalienable, and universal, and therefore, irrespective of race, sex, caste, color, or religion, everyone can enjoy them. Constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature, and inalienability. These guarantees are crucial in the state-individual relations, and recognized by major laws of the civilized nations, and often enshrined in the national constitutions. For instance, the US Constitution signifies the essence of these rights through the expression of life, liberty, and the pursuit of happiness. Nonetheless, very often, many citizens across the globe are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This study examined contemporary legal and philosophical discourses as to whether the constitutional guarantees of human rights apply in the private sectors in Malaysia, India, and the United States. This study used doctrinal legal research methodology with a qualitative approach based on library resources. The findings of this study showed that constitutional guarantees, primarily human rights, are presumed to have been neither created nor made but originated like organic growth. Accordingly, no authority can take them away. By examining various logics from theological to socio-historical points of view and the theory of international law, this study concluded that constitutional guarantees, particularly the equal protection of the law, should apply horizontally to cover both public and private sectors. KEYWORDS: Constitutional Guarantees, Human Rights, Public-Private Sectors.
{"title":"Arguments to Apply Constitutional Guarantees in the Private Sector","authors":"Md. Toriqul Islam","doi":"10.19184/ejlh.v8i2.24232","DOIUrl":"https://doi.org/10.19184/ejlh.v8i2.24232","url":null,"abstract":"Constitutional guarantees are such a body of interests or basic human rights which are inevitable for each human being. These rights are principally inherent, inalienable, and universal, and therefore, irrespective of race, sex, caste, color, or religion, everyone can enjoy them. Constitutional guarantees are distinct from all other rights and privileges because of at least two unique characteristics, such as intrinsic in nature, and inalienability. These guarantees are crucial in the state-individual relations, and recognized by major laws of the civilized nations, and often enshrined in the national constitutions. For instance, the US Constitution signifies the essence of these rights through the expression of life, liberty, and the pursuit of happiness. Nonetheless, very often, many citizens across the globe are deprived of these rights on numerous pretends and grounds, and mostly, on the public-private dichotomy. This study examined contemporary legal and philosophical discourses as to whether the constitutional guarantees of human rights apply in the private sectors in Malaysia, India, and the United States. This study used doctrinal legal research methodology with a qualitative approach based on library resources. The findings of this study showed that constitutional guarantees, primarily human rights, are presumed to have been neither created nor made but originated like organic growth. Accordingly, no authority can take them away. By examining various logics from theological to socio-historical points of view and the theory of international law, this study concluded that constitutional guarantees, particularly the equal protection of the law, should apply horizontally to cover both public and private sectors. \u0000KEYWORDS: Constitutional Guarantees, Human Rights, Public-Private Sectors.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42439166","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 : 2021-07-28DOI: 10.19184/ejlh.v8i2.23833
K. Ezekiel
The defamation reports have increased and shifted under online-based technology through social media. This study considered the defamation issue in Indonesia that alleged Richard Lee, a doctor who shared a beneficial publication through social media about the dangerous skincare product. Richard's audience believed that his content helped them know the hidden truth behind skincare products available in the market. Consequently, the public questioned whether he was liable because he was regarded to share helpful information under the public interest. This study aimed to analyze Indonesia’s defamation laws, especially in public interest defense under Article 310(3) of the Indonesian Criminal Code. However, the interpretation for public interest as a crime abolition is unclear, resulting in various courts' decisions that lead to criminalizing internet users. This study used legal research with statutory and comparative approaches. It examined legal norms and practices in Indonesia and compared those in the United Kingdom, Canada, and New Zealand. These three countries adapted defamation law to develop cases, including those alleged defamations for the public interest. While the freedom of expression is enshrined in the constitution, its practice has contradicted defamation provisions outlined in derivative regulations. By comparison, these three countries have precise boundaries and public interest defense is explicit. Those countries have specific rules and lists that needed to be fulfilled for those who use public interest defense. The lists based on previous precedents show how they learn and adapt to the development of public interest defense in many cases. This study concluded that Indonesia does not have specific standards or rules to determine cases categorized as the public interest. KEYWORDS: Public Interest Defense, Online Defamation, Freedom of Expression.
{"title":"Our Right to Share, Their Right to Know: An Analysis of Public Interest Defense to Defamation","authors":"K. Ezekiel","doi":"10.19184/ejlh.v8i2.23833","DOIUrl":"https://doi.org/10.19184/ejlh.v8i2.23833","url":null,"abstract":"The defamation reports have increased and shifted under online-based technology through social media. This study considered the defamation issue in Indonesia that alleged Richard Lee, a doctor who shared a beneficial publication through social media about the dangerous skincare product. Richard's audience believed that his content helped them know the hidden truth behind skincare products available in the market. Consequently, the public questioned whether he was liable because he was regarded to share helpful information under the public interest. This study aimed to analyze Indonesia’s defamation laws, especially in public interest defense under Article 310(3) of the Indonesian Criminal Code. However, the interpretation for public interest as a crime abolition is unclear, resulting in various courts' decisions that lead to criminalizing internet users. This study used legal research with statutory and comparative approaches. It examined legal norms and practices in Indonesia and compared those in the United Kingdom, Canada, and New Zealand. These three countries adapted defamation law to develop cases, including those alleged defamations for the public interest. While the freedom of expression is enshrined in the constitution, its practice has contradicted defamation provisions outlined in derivative regulations. By comparison, these three countries have precise boundaries and public interest defense is explicit. Those countries have specific rules and lists that needed to be fulfilled for those who use public interest defense. The lists based on previous precedents show how they learn and adapt to the development of public interest defense in many cases. This study concluded that Indonesia does not have specific standards or rules to determine cases categorized as the public interest. \u0000KEYWORDS: Public Interest Defense, Online Defamation, Freedom of Expression.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48173285","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 : 2021-07-28DOI: 10.19184/ejlh.v8i2.23849
Ankita Srivastava, Aditi Richa Tiwary
The digital economy and multi-faceted markets have significantly contributed to the efficacy of most transactions governing modern humankind. Digital platforms have become an irreplaceable cross-border asset that has acclimatized with technological advancements. However, there is obscurity in the methods of accommodation of digital economy in competition laws of most jurisdictions globally. Consequently, there are ascertainable issues in competition laws of such jurisdictions. Such issues remain unaddressed due to the absence of evaluation parameters of digital platforms in the conventional market system and culminate into an Implicit and undetected abuse of dominance. This study used the doctrinal method by highlighting the distinctness of contemporary digital markets and their consequential issues. This study explicated the issues in the competition that need to be independently addressed, considering the intricacies of digital platforms. The presence of non-price factors, multi-faceted markets, and data-driven networks being the primary source of such novel issues have been particularly explicated. The established premise was substantiated by way of case studies of major events involving factors such as predation, deep discounting, and data privacy. Elucidation of the competition system in most jurisdictions in Asia and the accommodation of digital platforms in the same was also sufficiently enunciated to present a holistic insight to the established premise. Finally, the authors suggested ways to sufficiently address the issues arising from the distinctness of digital platforms, thereby giving rise to a dynamic and all-inclusive competition. KEYWORDS: Digital Markets, Competition Law, Data Privacy.
{"title":"Competition Law in Asia: The Interplay of Power Dynamics in the Digital Market","authors":"Ankita Srivastava, Aditi Richa Tiwary","doi":"10.19184/ejlh.v8i2.23849","DOIUrl":"https://doi.org/10.19184/ejlh.v8i2.23849","url":null,"abstract":"The digital economy and multi-faceted markets have significantly contributed to the efficacy of most transactions governing modern humankind. Digital platforms have become an irreplaceable cross-border asset that has acclimatized with technological advancements. However, there is obscurity in the methods of accommodation of digital economy in competition laws of most jurisdictions globally. Consequently, there are ascertainable issues in competition laws of such jurisdictions. Such issues remain unaddressed due to the absence of evaluation parameters of digital platforms in the conventional market system and culminate into an Implicit and undetected abuse of dominance. This study used the doctrinal method by highlighting the distinctness of contemporary digital markets and their consequential issues. This study explicated the issues in the competition that need to be independently addressed, considering the intricacies of digital platforms. The presence of non-price factors, multi-faceted markets, and data-driven networks being the primary source of such novel issues have been particularly explicated. The established premise was substantiated by way of case studies of major events involving factors such as predation, deep discounting, and data privacy. Elucidation of the competition system in most jurisdictions in Asia and the accommodation of digital platforms in the same was also sufficiently enunciated to present a holistic insight to the established premise. Finally, the authors suggested ways to sufficiently address the issues arising from the distinctness of digital platforms, thereby giving rise to a dynamic and all-inclusive competition. \u0000KEYWORDS: Digital Markets, Competition Law, Data Privacy.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48248973","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 : 2021-06-24DOI: 10.21093/lentera.v5i1.3184
Ravida Chauria Shavir
Rapid changes in both rural and urban societies require da’wa to be delivered more creatively. This paper aims at investigating the development of cultural da’wa by analyzing the dynamics of socio-cultural life in an Islamic da’wa institution named Yayasan Pendidikan Islam Kyai Thelingsing (YPIKT). This paper applies a qualitative phenomenological approach. Finding reveals that the cultural da’wa approach to the urban community was manifested in three ways: education, cultural heritage (grave pilgrimage), and recitation. On the education aspect, the YPIKT has four levels. The cultural heritage is shown by Haul Mbah Kyai Thelingsing activity, which attended whether Muslim and non-muslim (Chinese descendent) every Muharram. The recitation aspect has an ultimate goal this activity is happened every day after Maghrib or every Thursday night by the name of tahlilan.Keywords: Da’wa, Cultural, Community, Modern, Education
农村和城市社会的迅速变化要求以更具创造性的方式提供“达瓦”。本文旨在通过分析一个名为Yayasan Pendidikan Islam Kyai Thelingsing (YPIKT)的伊斯兰da 'wa机构的社会文化生活动态，来研究文化da 'wa的发展。本文采用了定性现象学方法。研究发现，城市社区的文化达瓦方式主要表现在教育、文化遗产(坟墓朝圣)和诵读三种方式。在教育方面，YPIKT有四个层次。文化遗产展示在Haul Mbah Kyai Thelingsing活动中，无论是穆斯林还是非穆斯林(华人后裔)每个穆斯林都参加了该活动。背诵方面有一个最终的目标这个活动每天在Maghrib或每周四晚上进行，名为tahlilan。关键词:达娃，文化，社区，现代，教育
{"title":"Cultural Preaching on Modern Society: A Phenomenological Study of an Islamic Foundation in Kudus","authors":"Ravida Chauria Shavir","doi":"10.21093/lentera.v5i1.3184","DOIUrl":"https://doi.org/10.21093/lentera.v5i1.3184","url":null,"abstract":"Rapid changes in both rural and urban societies require da’wa to be delivered more creatively. This paper aims at investigating the development of cultural da’wa by analyzing the dynamics of socio-cultural life in an Islamic da’wa institution named Yayasan Pendidikan Islam Kyai Thelingsing (YPIKT). This paper applies a qualitative phenomenological approach. Finding reveals that the cultural da’wa approach to the urban community was manifested in three ways: education, cultural heritage (grave pilgrimage), and recitation. On the education aspect, the YPIKT has four levels. The cultural heritage is shown by Haul Mbah Kyai Thelingsing activity, which attended whether Muslim and non-muslim (Chinese descendent) every Muharram. The recitation aspect has an ultimate goal this activity is happened every day after Maghrib or every Thursday night by the name of tahlilan.Keywords: Da’wa, Cultural, Community, Modern, Education","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"125 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73773509","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 : 2021-04-24DOI: 10.19184/ejlh.v8i1.21923
I. Suta, I. G. A. M. Prabandari, N. L. G. Astariyani
One of the main elements in corruption is the loss of state finances. It results in confusion impacting law enforcement officials' performance in eradicating corruption. In Indonesia, the Supreme Audit Agency (BPK) is an institution authorized to assess state financial losses. In practice, the Financial and Development Supervisory Agency (BPKP) is another institution with similar power. This study analyzed which institutions have the more appropriate power in determining state financial losses in corruption. Using legal research with statutory and conceptual approaches, this study showed that the BPK is an institution granted the constitutional power to examine state finances' management and responsibility, asserting its more legitimate institution to handle the power to assess the financial losses. Consequently, the BPK is the only state institution that can determine state financial losses. At the same time, the BPKP is only authorized to assess or audit the calculation of state financial losses as an indication of irregularities detrimental to state finances. This study concluded that only the BPK can assess and determine state financial losses used in examining the alleged corruption before the court. KEYWORDS: Institutional Powers, Financial Audit Institution, Corruption.
{"title":"Determining State’s Financial Losses in Corruption: An Institutional Power and Constraint in Indonesia","authors":"I. Suta, I. G. A. M. Prabandari, N. L. G. Astariyani","doi":"10.19184/ejlh.v8i1.21923","DOIUrl":"https://doi.org/10.19184/ejlh.v8i1.21923","url":null,"abstract":"One of the main elements in corruption is the loss of state finances. It results in confusion impacting law enforcement officials' performance in eradicating corruption. In Indonesia, the Supreme Audit Agency (BPK) is an institution authorized to assess state financial losses. In practice, the Financial and Development Supervisory Agency (BPKP) is another institution with similar power. This study analyzed which institutions have the more appropriate power in determining state financial losses in corruption. Using legal research with statutory and conceptual approaches, this study showed that the BPK is an institution granted the constitutional power to examine state finances' management and responsibility, asserting its more legitimate institution to handle the power to assess the financial losses. Consequently, the BPK is the only state institution that can determine state financial losses. At the same time, the BPKP is only authorized to assess or audit the calculation of state financial losses as an indication of irregularities detrimental to state finances. This study concluded that only the BPK can assess and determine state financial losses used in examining the alleged corruption before the court. \u0000KEYWORDS: Institutional Powers, Financial Audit Institution, Corruption.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44796938","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 : 2021-04-24DOI: 10.19184/ejlh.v8i1.23479
R. A. Prastyanti*, Eiad Yafi, Kelik Wardiono, Arief Budiono
Pop-up advertisements have become prevalent on websites. When users click on the banner, they navigate a separate window; banner and pop-up advertisements contain attractive audio-visual and animated graphics. This intrusive advertising has not explicitly regulated Indonesia's current legislation, including Electronic Transaction and Information Law 11/2008 (ITE Law). Also, it is exempted in the Indonesian Pariwara Ethics, guidelines for advertising ethics and procedure in Indonesia. This study aimed to revisit consumers’ protection toward pop-up advertisements in Indonesia, with two main discussions. First, it discussed online consumers' perceptions of pop-up advertisements and the classification of their responses. Second, it enquired to what extent the legal and ethics protection for online consumers in Indonesia. By using empirical legal research, this study concluded that the ITE Law prohibits anyone from spreading online information with content that violates immorality and gambling, as it often contains in pop-up advertisements. Through the lens of business ethics, pop-up advertisements are new media and they should not be installed in such a way as to interfere with the freedom of internet users, given that pop-up advertisements do not reflect the ethics of honesty, trust, and advice in business. KEYWORDS: Consumers’ Protection, Online Advertisements, Business Ethics.
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