Pub Date : 2021-04-24DOI: 10.19184/ejlh.v8i1.21946
Kania Jennifer Wiryadi, Bayu Novendra
In a limited liability company, capital becomes one of the primary elements. However, the regulation regarding capital in Indonesia has changed several times, as its latest concern on the enactment of the omnibus bill on Job Creation Law in 2020. This paper discussed the following problems. First, what are the status quo and the development of regulations regarding minimum capital requirements in Indonesia? Second, what are the pros and cons of minimum capital requirement regulations and their developments in other countries? Third, what is the minimum capital requirements regulation that suits the conditions in Indonesia? This paper used legal research, emphasizing literature study. In so doing, the data were analyzed with the deductive method to construct conclusions. This paper showed that each limited liability company from the 1995 Limited Company Law, the 2007 Limited Company Law to the Job Creation Law had various minimum capital requirements provisions that lasted to its abolishment under the Job Creation Law. In this context, the initial policy on the minimum capital requirement was to protect creditors. In practice, however, this policy was not effective because of many other effective alternatives to protect creditors, by encouraging transparency in corporate transactions and offering easy access to corporate information. The dominance of micro and small business units in Indonesia (99% of business units) explained the urgency of eliminating minimum capital requirements regulations. The elimination of minimum authorized capital requirements was a tremendous effort to strengthen micro and small enterprises. KEYWORDS: Limited Liability Company, Job Creation Law, Company Law.
{"title":"Minimum Authorized Capital After the Enactment of Job Creation Law: Status Quo, Controversies, and Road Ahead","authors":"Kania Jennifer Wiryadi, Bayu Novendra","doi":"10.19184/ejlh.v8i1.21946","DOIUrl":"https://doi.org/10.19184/ejlh.v8i1.21946","url":null,"abstract":"In a limited liability company, capital becomes one of the primary elements. However, the regulation regarding capital in Indonesia has changed several times, as its latest concern on the enactment of the omnibus bill on Job Creation Law in 2020. This paper discussed the following problems. First, what are the status quo and the development of regulations regarding minimum capital requirements in Indonesia? Second, what are the pros and cons of minimum capital requirement regulations and their developments in other countries? Third, what is the minimum capital requirements regulation that suits the conditions in Indonesia? This paper used legal research, emphasizing literature study. In so doing, the data were analyzed with the deductive method to construct conclusions. This paper showed that each limited liability company from the 1995 Limited Company Law, the 2007 Limited Company Law to the Job Creation Law had various minimum capital requirements provisions that lasted to its abolishment under the Job Creation Law. In this context, the initial policy on the minimum capital requirement was to protect creditors. In practice, however, this policy was not effective because of many other effective alternatives to protect creditors, by encouraging transparency in corporate transactions and offering easy access to corporate information. The dominance of micro and small business units in Indonesia (99% of business units) explained the urgency of eliminating minimum capital requirements regulations. The elimination of minimum authorized capital requirements was a tremendous effort to strengthen micro and small enterprises. \u0000KEYWORDS: Limited Liability Company, Job Creation Law, Company Law.","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":"46964189","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.v8i1.21375
Ika Yuli Agustin, Ghansham Anand
Along with emerging technology, a notary public's role should adjust this changing development, mainly dealing with a deed. Technological development inevitably impacts the role of a notary public and the future digitization of notarial deeds. To date, notaries in Indonesia remain implementing laws and regulations that have not been changed. In contrast, technological development has shifted rapidly, especially on the notaries' task in appearing, reading, signing, and using stamps. This study aimed to identify the challenges of implementing notaries’ deed digitalization by taking into account rapid technological development. With legal research, this study showed that as a consequence of technological development, notarial functions’ disruption in Indonesia evoked a concept of a cyber notary, an idea of notarial function through an online system. As it has flourished globally, digital disruptions had brought out an electronic system that changed the implementation of works, business, professions, and functions, mainly to notarial functions. Nevertheless, no specific rules were established to amend Notary Law 02/2014, particularly to the requisites of authentic deeds by a cyber notary. Indonesia applied some restrictions on technology to maintain the legality of authentic deeds to place the notarial profession as a public official consistently. KEYWORDS: Indonesian Notaries, Technological Development, Deed Digitalization.
{"title":"Proposing Notaries’ Deed Digitalization in Indonesia: A Legal Perspective","authors":"Ika Yuli Agustin, Ghansham Anand","doi":"10.19184/ejlh.v8i1.21375","DOIUrl":"https://doi.org/10.19184/ejlh.v8i1.21375","url":null,"abstract":"Along with emerging technology, a notary public's role should adjust this changing development, mainly dealing with a deed. Technological development inevitably impacts the role of a notary public and the future digitization of notarial deeds. To date, notaries in Indonesia remain implementing laws and regulations that have not been changed. In contrast, technological development has shifted rapidly, especially on the notaries' task in appearing, reading, signing, and using stamps. This study aimed to identify the challenges of implementing notaries’ deed digitalization by taking into account rapid technological development. With legal research, this study showed that as a consequence of technological development, notarial functions’ disruption in Indonesia evoked a concept of a cyber notary, an idea of notarial function through an online system. As it has flourished globally, digital disruptions had brought out an electronic system that changed the implementation of works, business, professions, and functions, mainly to notarial functions. Nevertheless, no specific rules were established to amend Notary Law 02/2014, particularly to the requisites of authentic deeds by a cyber notary. Indonesia applied some restrictions on technology to maintain the legality of authentic deeds to place the notarial profession as a public official consistently. \u0000KEYWORDS: Indonesian Notaries, Technological Development, Deed Digitalization.","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":"42649755","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.v8i1.18725
Habib Ismail, Dani Amran Hakim, Muhammad Lutfi Hakim
The position of migrant workers is often seen as a weak party. To some extent, such migrant workers are regarded as similar to slaves. In Indonesia, the government has to protect all citizens, including those abroad who have the status of migrant workers. Migrant Workers’ Protection Law 18/2017 was issued to protect citizens as migrant workers. However, several migrant workers remained legally unprotected abroad. This study used the normative approach that aimed to discuss the protection of Indonesian migrant workers from two-fold, juridical and fiqh siyasah dusturiyah perspectives. While the government protected migrant workers by issuing Law 18/2017, it has more specifically provided directions and objectives to protect migrant workers. This Law ensures human rights for migrant workers despite legal, economic, and social protection for them and their families. Then, the protection of migrant workers from fiqh siyasah dusturiyah should be under the four principles of the workforce in Islam: human independence, human dignity, justice, and the clarity of the contract and wage transaction. KEYWORDS: Indonesian Migrant Workers, Right to Work, Islamic Law.
{"title":"The Protection of Indonesian Migrant Workers under Fiqh Siyasah Dusturiyah","authors":"Habib Ismail, Dani Amran Hakim, Muhammad Lutfi Hakim","doi":"10.19184/ejlh.v8i1.18725","DOIUrl":"https://doi.org/10.19184/ejlh.v8i1.18725","url":null,"abstract":"The position of migrant workers is often seen as a weak party. To some extent, such migrant workers are regarded as similar to slaves. In Indonesia, the government has to protect all citizens, including those abroad who have the status of migrant workers. Migrant Workers’ Protection Law 18/2017 was issued to protect citizens as migrant workers. However, several migrant workers remained legally unprotected abroad. This study used the normative approach that aimed to discuss the protection of Indonesian migrant workers from two-fold, juridical and fiqh siyasah dusturiyah perspectives. While the government protected migrant workers by issuing Law 18/2017, it has more specifically provided directions and objectives to protect migrant workers. This Law ensures human rights for migrant workers despite legal, economic, and social protection for them and their families. Then, the protection of migrant workers from fiqh siyasah dusturiyah should be under the four principles of the workforce in Islam: human independence, human dignity, justice, and the clarity of the contract and wage transaction. \u0000KEYWORDS: Indonesian Migrant Workers, Right to Work, Islamic Law.","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":"46383556","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.v8i1.20138
A. Salam, Zahlul Pasha Karim
Historically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law. KEYWORDS: Death Penalty, Criminal Law, Right to Life, Indonesian Law.
{"title":"Death Penalty in Indonesia: Revisiting the Debate Between the Retentionist and the Abolitionist","authors":"A. Salam, Zahlul Pasha Karim","doi":"10.19184/ejlh.v8i1.20138","DOIUrl":"https://doi.org/10.19184/ejlh.v8i1.20138","url":null,"abstract":"Historically, Indonesia's death penalty does not originate from religious doctrine but a series of democratization processes agreed upon in the legislation. Amidst these processes, two competing opinions respond to Indonesia's death penalty: the retentionist and the abolitionist. These different approaches to address the death penalty, whether imposed or abolished, result in competing perspectives and arguments in regulatory and practical issues both in the national and international arena. This study aimed to revisit the death penalty discourse in Indonesia that opposes the human approach by assuming that the death penalty violates human rights. The data were analyzed in three steps, among other things, unitization, comparison, and conclusion. This study showed that the death penalty remains relevant to Indonesia despite the long struggle of its rejection. It concluded that Indonesia's imposition of the death penalty is regarded as worth defending, with specific and selective applications. The specific application means that the death penalty is applicable for corruptors, drug dealers, terrorists, gross human rights violators, and premeditated murders. Selective application means that a convict sentenced to death must be proven in court with a level of accuracy considered and accepted in law. \u0000KEYWORDS: Death Penalty, Criminal Law, Right to Life, Indonesian Law.","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":"43123064","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.v8i1.21012
Citi Rahmati Serfiyani, Cita Yustisia Serfiyani, Iswi Hariyani, Devina Tharifah Arsari
Copyright protection of digital products in an open-source system has led to the emergence of copyleft against copyright. Copyleft licenses in open-source serve to impose limits on creations to protect creators' moral rights. At the same time, personal data protection is one part of personal rights amidst the advent of information technology. The development of copyleft products and licenses that usually take place online can potentially lead to violations that harm application developers’ personal data. This paper aimed to characterize copyleft as an antithesis of copyright and analyze legal protection on the open-source application developers' personal data. Using legal research, this paper showed that open-source licenses could consist of two categories. First, non-copyleft licenses in the form of permissive licenses, included in the software under it and are subject to copyright. Second, the copyleft license, which required licenses to modify and distribute copyleft products. This open-source license adopted a form of a standard contract and personal data protection in copyleft products through open-source sites were using a preventive and repressive way. This paper recommended a copyleft-based legal protection mechanism and creators' data by considering the comparative aspects of the copyleft and copyright concepts' characteristics to respect moral rights. KEYWORDS: Personal Data Protection, Indonesia’s Copyright Law, Copyleft License.
{"title":"Developers’ Data Protection in the Open-Source Application with the Copyleft License","authors":"Citi Rahmati Serfiyani, Cita Yustisia Serfiyani, Iswi Hariyani, Devina Tharifah Arsari","doi":"10.19184/ejlh.v8i1.21012","DOIUrl":"https://doi.org/10.19184/ejlh.v8i1.21012","url":null,"abstract":"Copyright protection of digital products in an open-source system has led to the emergence of copyleft against copyright. Copyleft licenses in open-source serve to impose limits on creations to protect creators' moral rights. At the same time, personal data protection is one part of personal rights amidst the advent of information technology. The development of copyleft products and licenses that usually take place online can potentially lead to violations that harm application developers’ personal data. This paper aimed to characterize copyleft as an antithesis of copyright and analyze legal protection on the open-source application developers' personal data. Using legal research, this paper showed that open-source licenses could consist of two categories. First, non-copyleft licenses in the form of permissive licenses, included in the software under it and are subject to copyright. Second, the copyleft license, which required licenses to modify and distribute copyleft products. This open-source license adopted a form of a standard contract and personal data protection in copyleft products through open-source sites were using a preventive and repressive way. This paper recommended a copyleft-based legal protection mechanism and creators' data by considering the comparative aspects of the copyleft and copyright concepts' characteristics to respect moral rights. \u0000KEYWORDS: Personal Data Protection, Indonesia’s Copyright Law, Copyleft License.","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":"48925971","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 : 2020-12-23DOI: 10.21093/LENTERA.V4I2.3124
Diajeng Laily Hidayati, R. Fahlevi
The Covid-19 (Corona Virus Disease-19) outbreak has managed to change the patterns of social life on society, including the change regarding the way Da’wa is performed; from conventional direct Da’wa to mediated Da’wa through internet. This article aims at describing responses of the Da’is (proselytizers) in social media pertaining to the spread of the Covid-19. This article applied qualitative method to analyse Da’wa contents related to Covid-19 on social media. Data were collected through observation and documentation. Findings show that there are at least three types of responses from the Da’is; cognitive, affective, and behavioural responses. Cognitive response is manifested in the form of delivering information regarding Covid-19 from the general and medical perspective such as promoting frequent hand-washing, maintaining good hygiene, obeying the government measurements, maintaining healthy level of gratitude and praying to God to be saved from the outbreak. Affective response is manifested in the form of promoting empathy, positive thinking, and avoiding panic. Behavioural response is manifested in the form of giving real-life example such as performing online congregation (pengajian online), wearing face mask, applying appropriate disinfection, and helping those heavily affected by the outbreak.Keywords: Covid-19, Dai, responses, and social media.
{"title":"DAKWAH DI TENGAH PANDEMI (STUDI TERHADAP RESPONS DAI DI MEDIA SOSIAL)","authors":"Diajeng Laily Hidayati, R. Fahlevi","doi":"10.21093/LENTERA.V4I2.3124","DOIUrl":"https://doi.org/10.21093/LENTERA.V4I2.3124","url":null,"abstract":"The Covid-19 (Corona Virus Disease-19) outbreak has managed to change the patterns of social life on society, including the change regarding the way Da’wa is performed; from conventional direct Da’wa to mediated Da’wa through internet. This article aims at describing responses of the Da’is (proselytizers) in social media pertaining to the spread of the Covid-19. This article applied qualitative method to analyse Da’wa contents related to Covid-19 on social media. Data were collected through observation and documentation. Findings show that there are at least three types of responses from the Da’is; cognitive, affective, and behavioural responses. Cognitive response is manifested in the form of delivering information regarding Covid-19 from the general and medical perspective such as promoting frequent hand-washing, maintaining good hygiene, obeying the government measurements, maintaining healthy level of gratitude and praying to God to be saved from the outbreak. Affective response is manifested in the form of promoting empathy, positive thinking, and avoiding panic. Behavioural response is manifested in the form of giving real-life example such as performing online congregation (pengajian online), wearing face mask, applying appropriate disinfection, and helping those heavily affected by the outbreak.Keywords: Covid-19, Dai, responses, and social media. ","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77977402","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 : 2020-12-20DOI: 10.21093/LENTERA.V4I2.3126
Ida Suryani Wijaya, M. A. Amin
Public relation is an important aspect within the process of building positive image for an organization. Selecting appropriate strategy, therefore, must be applied very carefully since it determines the success or failure of the organization in the long run. This paper, thus, aims at explaining the strategy of public relation applied by Cordova Integral Islamic Elementary School in Samarinda in building a positive brand image that suits its’ long-term objectives. Utilizing qualitative approach, this paper finds out that Cordova Integral Islamic Elementary School in Samarinda applies four strategy such as research-listening, planning-decision, communication-action, and evaluation.Keywords: Image brand, organizational strategy, and public relation.
{"title":"Strategi Public Relations dalam Pengembangan Brand Image Sekolah di Sekolah Dasar Islam Terpadu (SDIT) Kota Samarinda","authors":"Ida Suryani Wijaya, M. A. Amin","doi":"10.21093/LENTERA.V4I2.3126","DOIUrl":"https://doi.org/10.21093/LENTERA.V4I2.3126","url":null,"abstract":"Public relation is an important aspect within the process of building positive image for an organization. Selecting appropriate strategy, therefore, must be applied very carefully since it determines the success or failure of the organization in the long run. This paper, thus, aims at explaining the strategy of public relation applied by Cordova Integral Islamic Elementary School in Samarinda in building a positive brand image that suits its’ long-term objectives. Utilizing qualitative approach, this paper finds out that Cordova Integral Islamic Elementary School in Samarinda applies four strategy such as research-listening, planning-decision, communication-action, and evaluation.Keywords: Image brand, organizational strategy, and public relation.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"94 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75651323","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 : 2020-11-23DOI: 10.19184/EJLH.V7I3.20146
N. Mentari, Uni Tsulasi Putri
As an intermediary institution, the banking industry plays a critical function in the economy. Unpredictable conditions such as disease pandemic, exemplified from the unprecedented COVID-19 outbreak, result in loss to the banking industry due to the weakening of the national economy. In the future, then, the banking industry requires early preventive action for a similar case through specific risk mitigation towards disease pandemic. This paper aims to discuss the urgency of the risk mitigation towards the pandemic in the banking industry, following the risk mitigation scheme in facing the pandemic with its relevant regulation. This paper shows that the pandemic's responsive risk mitigation has become essential to strengthen the banking’s intermediary function and performance during the pandemic. The existing risk mitigation regulation solely relates to the non-performing loan in normal conditions. In the meantime, disease pandemic like COVID-19 is excluded because it is beyond the normal situation. Its adverse impact has leveraged more significant extent due to emergency conditions. In case of a disease pandemic, the bank can soon take early preventive action before the pandemic strikes within the domestic territory without waiting for central government-specific regulation, but it should. However, it remains practiced under the relevant laws. KEYWORDS: Risk Mitigation, Disease Pandemic, COVID-19, Banking Industry, Indonesia.
{"title":"Risk Mitigation of Disease Pandemic in the Indonesian Banking Industry: In Response to COVID-19","authors":"N. Mentari, Uni Tsulasi Putri","doi":"10.19184/EJLH.V7I3.20146","DOIUrl":"https://doi.org/10.19184/EJLH.V7I3.20146","url":null,"abstract":"As an intermediary institution, the banking industry plays a critical function in the economy. Unpredictable conditions such as disease pandemic, exemplified from the unprecedented COVID-19 outbreak, result in loss to the banking industry due to the weakening of the national economy. In the future, then, the banking industry requires early preventive action for a similar case through specific risk mitigation towards disease pandemic. This paper aims to discuss the urgency of the risk mitigation towards the pandemic in the banking industry, following the risk mitigation scheme in facing the pandemic with its relevant regulation. This paper shows that the pandemic's responsive risk mitigation has become essential to strengthen the banking’s intermediary function and performance during the pandemic. The existing risk mitigation regulation solely relates to the non-performing loan in normal conditions. In the meantime, disease pandemic like COVID-19 is excluded because it is beyond the normal situation. Its adverse impact has leveraged more significant extent due to emergency conditions. In case of a disease pandemic, the bank can soon take early preventive action before the pandemic strikes within the domestic territory without waiting for central government-specific regulation, but it should. However, it remains practiced under the relevant laws. \u0000KEYWORDS: Risk Mitigation, Disease Pandemic, COVID-19, Banking Industry, Indonesia.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47278574","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 : 2020-11-23DOI: 10.19184/EJLH.V7I3.18983
Mohammad Ra, Yusuf Hamdika, Sholahuddin Al-Fatih
Coronavirus Disease 2019 (COVID-19), a virus founded in China, has spread worldwide as it has become pandemic. As a result, significant and detrimental impacts are undeniable to global citizens, including those in Indonesia. With the government's suggestions like introducing physical distancing and large-scale social restriction, they slow down economic growth. Also, they impact religious practices, particularly those performed by Muslims in Indonesia. This paper will discuss the impact of the COVID-19 pandemic through the lens of Islamic law. There are two main issues to analyze. First, what is the impact of COVID-19 on community activities in the view of Islamic law? Second, what is the impact of COVID-19 on religious communities in carrying out worship? This paper finds that the COVID-19 pandemic has adversely impacted religious worship activities in public places by considering this virus's rapid transmission. It is followed by the closure of worship places to encourage citizens to practice their religious activities at home. Thus, the whole community was urged, and some were prohibited following the mapping zone experienced by each region. Given Islamic law believed and trusted by Muslims, in the end, the government has issued a new normal policy by opening places of worship with health protocols. KEYWORDS: COVID-19, Islamic Law, Religious Practices, Indonesian Muslims.
{"title":"The Impact of COVID-19 Through the Lens of Islamic Law: An Indonesian Case","authors":"Mohammad Ra, Yusuf Hamdika, Sholahuddin Al-Fatih","doi":"10.19184/EJLH.V7I3.18983","DOIUrl":"https://doi.org/10.19184/EJLH.V7I3.18983","url":null,"abstract":"Coronavirus Disease 2019 (COVID-19), a virus founded in China, has spread worldwide as it has become pandemic. As a result, significant and detrimental impacts are undeniable to global citizens, including those in Indonesia. With the government's suggestions like introducing physical distancing and large-scale social restriction, they slow down economic growth. Also, they impact religious practices, particularly those performed by Muslims in Indonesia. This paper will discuss the impact of the COVID-19 pandemic through the lens of Islamic law. There are two main issues to analyze. First, what is the impact of COVID-19 on community activities in the view of Islamic law? Second, what is the impact of COVID-19 on religious communities in carrying out worship? This paper finds that the COVID-19 pandemic has adversely impacted religious worship activities in public places by considering this virus's rapid transmission. It is followed by the closure of worship places to encourage citizens to practice their religious activities at home. Thus, the whole community was urged, and some were prohibited following the mapping zone experienced by each region. Given Islamic law believed and trusted by Muslims, in the end, the government has issued a new normal policy by opening places of worship with health protocols. \u0000KEYWORDS: COVID-19, Islamic Law, Religious Practices, Indonesian Muslims.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44337801","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 : 2020-11-23DOI: 10.19184/EJLH.V7I3.19474
Dwi Tiara Kurnilasari
The recent COVID-19 pandemic has disrupted many countries. It leads them to imbalance conditions in various sectors, particularly in the economic sector due to the shifting of people's habits. Amidst the recession, Indonesian local horticulture commodities increase in rates, supporting Indonesia's revenue. In Indonesia, abundant natural resources with numerous potential Geographical Indications (GI) need the government and other related parties' intense role. It currently results in weakness in many ways to support sustainable economic development. This study aims to discuss the protection of Geographical Indications both in national and international laws, and analyze certain vital steps to efficiently utilizing Indonesia's GI as trade commodities. The paper will mainly discuss Geographical Indication legal protection and ways to utilize it for the country's economy. The study finds that the legal protection of GI in Indonesia is still considered weak and lacks in parties' active involvement in managing GI-based trade commodities and products. The research concluded that to strengthen GI protection in Indonesia, related party involvement and continuous monitoring and promoting are necessary to be done. Furthermore, the advice is to increase local community awareness by government and non-governmental organizations toward GI potential. It includes developing an efficient protection and management system that fully maximized each party's ability to execute its responsibility. KEYWORDS: Geographical Indications, Intellectual Property, Economic Development.
{"title":"Geographical Indications in Trade Commodities for Promoting Sustainable Economic Development in Indonesia","authors":"Dwi Tiara Kurnilasari","doi":"10.19184/EJLH.V7I3.19474","DOIUrl":"https://doi.org/10.19184/EJLH.V7I3.19474","url":null,"abstract":"The recent COVID-19 pandemic has disrupted many countries. It leads them to imbalance conditions in various sectors, particularly in the economic sector due to the shifting of people's habits. Amidst the recession, Indonesian local horticulture commodities increase in rates, supporting Indonesia's revenue. In Indonesia, abundant natural resources with numerous potential Geographical Indications (GI) need the government and other related parties' intense role. It currently results in weakness in many ways to support sustainable economic development. This study aims to discuss the protection of Geographical Indications both in national and international laws, and analyze certain vital steps to efficiently utilizing Indonesia's GI as trade commodities. The paper will mainly discuss Geographical Indication legal protection and ways to utilize it for the country's economy. The study finds that the legal protection of GI in Indonesia is still considered weak and lacks in parties' active involvement in managing GI-based trade commodities and products. The research concluded that to strengthen GI protection in Indonesia, related party involvement and continuous monitoring and promoting are necessary to be done. Furthermore, the advice is to increase local community awareness by government and non-governmental organizations toward GI potential. It includes developing an efficient protection and management system that fully maximized each party's ability to execute its responsibility. \u0000KEYWORDS: Geographical Indications, Intellectual Property, Economic Development.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45532647","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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