Pub Date : 2023-05-31DOI: 10.59653/jplls.v1i02.100
Ahmad Fauzi, Darmawan Tia Indrajaya, A. Zikri, Z. Zulfahmi, Hendri K
This paper seeks to explain the controversy regarding the status of adopted children and adoptive fathers in a marriage procession by using a normative juridical approach, it is concluded that the status and position of adopted children in the Islamic legal system does not break the kinship relationship between the adopted child and his biological parents so that the adoptive father does not become the guardian of his adopted child except through the mandate given by the child's biological parents. This study uses a normative approach and method, conducted by examining theoretical matters concerning Islamic legal norms and positive law. Primary sources are the Koran, hadith, Compilation of Islamic Law, and Marriage Laws. Secondary sources refer to the opinions of experts, as well as references related to the issues raised. The results of this study explain that the validity of the marriage guardian for adopted children is to remain with the lineage guardian if his whereabouts are still known and cannot be replaced by anyone except the lineage guardian is unknown, then the marriage guardian can be replaced by a judge's guardian. However, if in practice the adopted child is not known who the biological parents are, then the adopted daughter's marriage guardian is the adoptive father, or if the adoptive father receives a mandate from the child's biological father, then the marriage is valid as stated by al-Bahuti
{"title":"Controversy of Adopted Children Status and Foster Father in the Marriage Process Based on Islamic Law Perspective","authors":"Ahmad Fauzi, Darmawan Tia Indrajaya, A. Zikri, Z. Zulfahmi, Hendri K","doi":"10.59653/jplls.v1i02.100","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.100","url":null,"abstract":"This paper seeks to explain the controversy regarding the status of adopted children and adoptive fathers in a marriage procession by using a normative juridical approach, it is concluded that the status and position of adopted children in the Islamic legal system does not break the kinship relationship between the adopted child and his biological parents so that the adoptive father does not become the guardian of his adopted child except through the mandate given by the child's biological parents. This study uses a normative approach and method, conducted by examining theoretical matters concerning Islamic legal norms and positive law. Primary sources are the Koran, hadith, Compilation of Islamic Law, and Marriage Laws. Secondary sources refer to the opinions of experts, as well as references related to the issues raised. The results of this study explain that the validity of the marriage guardian for adopted children is to remain with the lineage guardian if his whereabouts are still known and cannot be replaced by anyone except the lineage guardian is unknown, then the marriage guardian can be replaced by a judge's guardian. However, if in practice the adopted child is not known who the biological parents are, then the adopted daughter's marriage guardian is the adoptive father, or if the adoptive father receives a mandate from the child's biological father, then the marriage is valid as stated by al-Bahuti","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129650990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-31DOI: 10.59653/jplls.v1i02.126
James Yoseph Palenewen, Marthinus Solossa
Land border disputes often arise both in rural and urban areas with various problems related to customary land boundaries which can trigger clashes or conflicts between groups. Knowing the things that cause disputes in customary land boundary rights between the Awi and Afar clans and to find out the obstacles and obstacles faced in resolving customary land border disputes between the two groups. The approach used in research is empirical method, namely through field research or direct observation at research locations in order to obtain clarity about the object under study. The results of this research show that the dispute between the Awi clan (in Nafri village) and the Afar clan (in Enggros-Tobati village) occurred because the Afar clan put up a land claim flag on one of the red bridge road axles, but the Awi clan disagreed because they thought the land belonged to their group. Barriers and obstacles in resolving customary land border disputes between the Awi and Afar clans are only two factors, namely internal and external.
{"title":"Indigenous Land Boundary Dispute between Awi Clan and Afar Clan in the Abepura District, Jayapura City","authors":"James Yoseph Palenewen, Marthinus Solossa","doi":"10.59653/jplls.v1i02.126","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.126","url":null,"abstract":"Land border disputes often arise both in rural and urban areas with various problems related to customary land boundaries which can trigger clashes or conflicts between groups. Knowing the things that cause disputes in customary land boundary rights between the Awi and Afar clans and to find out the obstacles and obstacles faced in resolving customary land border disputes between the two groups. The approach used in research is empirical method, namely through field research or direct observation at research locations in order to obtain clarity about the object under study. The results of this research show that the dispute between the Awi clan (in Nafri village) and the Afar clan (in Enggros-Tobati village) occurred because the Afar clan put up a land claim flag on one of the red bridge road axles, but the Awi clan disagreed because they thought the land belonged to their group. Barriers and obstacles in resolving customary land border disputes between the Awi and Afar clans are only two factors, namely internal and external.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132298986","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}
Yasmirah Mandasari Saragih, Wahyu Armanda, Ahmad Novaisal
Eradication of Corruption Crimes is a series of activities to prevent and eradicate the occurrence of criminal acts of corruption through efforts to coordinate, supervise, monitor, investigate, investigate, prosecute, examine before courts, with community participation in accordance with statutory provisions. Corruption is a criminal act which if violated will be sanctioned, traced from the point of view of life and appears as a bad cultural image of the Indonesian nation. Corruption crimes are all negative activities related to embezzlement of funds, bribery and all forms of gratuities that are contrary to law, norms and customs. Traditionally, people can say that Indonesia's identity is corruption. This image is not completely wrong. Because the reality of the complexity of corruption is felt to be not merely a legal issue, but actually a violation of economic and social rights that has an impact on the life of the nation. Talking about corruption will indeed find the fact that corruption involves moral aspects, traits and circumstances that are not good, positions in government agencies or apparatus, misappropriation of power or authority in office due to gifts, economic and political factors, as well as placement of families or groups into officialdom under the authority of the position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts as well as the placement of families or groups into officialdom under the authority of his position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts as well as the placement of families or groups into officialdom under the authority of his position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts.
{"title":"Juridical Study on Abuse of Authority in Corruption Crimes: Analysis of Law No. 19 of 2019 concerning the Corruption Eradication Commission","authors":"Yasmirah Mandasari Saragih, Wahyu Armanda, Ahmad Novaisal","doi":"10.59653/jplls.v1i02.92","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.92","url":null,"abstract":"Eradication of Corruption Crimes is a series of activities to prevent and eradicate the occurrence of criminal acts of corruption through efforts to coordinate, supervise, monitor, investigate, investigate, prosecute, examine before courts, with community participation in accordance with statutory provisions. Corruption is a criminal act which if violated will be sanctioned, traced from the point of view of life and appears as a bad cultural image of the Indonesian nation. Corruption crimes are all negative activities related to embezzlement of funds, bribery and all forms of gratuities that are contrary to law, norms and customs. Traditionally, people can say that Indonesia's identity is corruption. This image is not completely wrong. Because the reality of the complexity of corruption is felt to be not merely a legal issue, but actually a violation of economic and social rights that has an impact on the life of the nation. Talking about corruption will indeed find the fact that corruption involves moral aspects, traits and circumstances that are not good, positions in government agencies or apparatus, misappropriation of power or authority in office due to gifts, economic and political factors, as well as placement of families or groups into officialdom under the authority of the position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts as well as the placement of families or groups into officialdom under the authority of his position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts as well as the placement of families or groups into officialdom under the authority of his position. In this research, the formulation of the problem is how the juridical review of the crime of abuse of authority in corruption is viewed from Law no. 19 of 2019 and what is the mechanism for filling the positions of the supervisory board of the Corruption Eradication Commission according to Law no. 19 of 2019 also has normative and juridical research methods that are associated with laws and all opinions of legal experts.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130763321","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}
In order to compare merger and acquisition decisions made by competition authorities in the Philippines, Malaysia, and Indonesia, this study will investigate each country's decisions. This study aims to pinpoint the variations in the strategies and practices used by competition authorities in the three nations and examine how they affect the preservation of healthy economic competition and the general welfare. The research involves gathering and studying merger and acquisition-related decisions made by competition authorities in the Philippines, Malaysia, and Indonesia. Differences in each nation's determination of the approval requirements, oversight procedures, and sanctions were discovered through this investigation. The findings demonstrate that there are differences between the strategies used by competition authorities in Indonesia, Malaysia, and the Philippines in relation to mergers and acquisitions. The applied threshold standards, sanctions policies, and legal interpretations vary. The results shed light on the initiatives taken by each nation to uphold fair competition and consumer protection.
{"title":"Comparative Analysis of Competition Authority Decisions Based on Mergers and Acquisitions in the Philippines, Malaysia, and Indonesia","authors":"Asmah Asmah","doi":"10.59653/jplls.v1i02.85","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.85","url":null,"abstract":"In order to compare merger and acquisition decisions made by competition authorities in the Philippines, Malaysia, and Indonesia, this study will investigate each country's decisions. This study aims to pinpoint the variations in the strategies and practices used by competition authorities in the three nations and examine how they affect the preservation of healthy economic competition and the general welfare. The research involves gathering and studying merger and acquisition-related decisions made by competition authorities in the Philippines, Malaysia, and Indonesia. Differences in each nation's determination of the approval requirements, oversight procedures, and sanctions were discovered through this investigation. The findings demonstrate that there are differences between the strategies used by competition authorities in Indonesia, Malaysia, and the Philippines in relation to mergers and acquisitions. The applied threshold standards, sanctions policies, and legal interpretations vary. The results shed light on the initiatives taken by each nation to uphold fair competition and consumer protection.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135434684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-05-31DOI: 10.59653/jplls.v1i02.135
Qurotu Aini, Ali Sodiqin, M. S. F. Yulianis, Haniyah Haniyah
The emergence of various forms of manipulation and exploitation has resulted in rampant trafficking in persons, in which children are also trafficked. Basically, children as the next generation of the nation have a role in ensuring the continuity of the nation. Therefore, children need to get ample opportunities to grow and develop. This study was conducted with the aim of describing how legal protection of children as victims of trafficking in persons. The research method used in this study is normative legal research which is studied using a statutory approach (statute approach). The results of this study show that children are very vulnerable to becoming victims of child trafficking for the purpose of exploitation. The law relating to child trafficking has been in force and has binding legal force, but its enforcement has not been sufficient to provide a deterrent effect for perpetrators. In this case, children as victims should get legal protection which includes protection of their dignity, dignity, and fulfillment of their rights. However, in the criminal justice system, victims are often given less attention, in reality Indonesian law only focuses on punishing perpetrators and overrides the rights and protection of victims. Keywords: Child Trafficking.Exploitation. Legal Protection
{"title":"Child Trafficking Offence: Case Study of Surabaya District Court Decision No. 685/PID.SUS/2022/PN SBY","authors":"Qurotu Aini, Ali Sodiqin, M. S. F. Yulianis, Haniyah Haniyah","doi":"10.59653/jplls.v1i02.135","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.135","url":null,"abstract":"The emergence of various forms of manipulation and exploitation has resulted in rampant trafficking in persons, in which children are also trafficked. Basically, children as the next generation of the nation have a role in ensuring the continuity of the nation. Therefore, children need to get ample opportunities to grow and develop. This study was conducted with the aim of describing how legal protection of children as victims of trafficking in persons. The research method used in this study is normative legal research which is studied using a statutory approach (statute approach). The results of this study show that children are very vulnerable to becoming victims of child trafficking for the purpose of exploitation. The law relating to child trafficking has been in force and has binding legal force, but its enforcement has not been sufficient to provide a deterrent effect for perpetrators. In this case, children as victims should get legal protection which includes protection of their dignity, dignity, and fulfillment of their rights. However, in the criminal justice system, victims are often given less attention, in reality Indonesian law only focuses on punishing perpetrators and overrides the rights and protection of victims. \u0000 \u0000 Keywords: Child Trafficking.Exploitation. Legal Protection","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125542083","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}
Stefanus Don Rade, Mericiana Yulita Fin Tae, Firgilius Kandro Mego Asman, Kalistus G. Wayong Huler
Credit Unions have an important role in improving the economy of the Indonesian people through joint efforts based on family principles, so cooperatives need to develop themselves further and be built to be strong and independent based on cooperative principles. In running its business, the suitable implements credit, a form of effort to process the capital owned from deposits and member donations, to achieve optimal results. A credit agreement is needed to avoid bad credit in the future as evidence of a contract between the creditor and the debtor. This is a reference to legal protection for the debtor. This research was conducted through the empirical juridical method using primary data sources, namely data obtained directly in the field. In terms of providing credit and collateral, there is often negligence by the debtor to the creditor. Hence, the creditor, in this case, the Swastisari Kupang Credit Cooperative, has a very interesting strategy as a reference for recovery, namely by checking loan files, surveys, credit analysis by applying the 5C principle, billing control by checking data periodically to find out the condition or condition of the borrowing member. In addition, the cooperative makes rescheduling, restructuring, and reconditioning to achieve mutual welfare based on the principle of kinship.
{"title":"Legal Protection of Creditors in Credit Agreements at Swastisari Kupang Credit Union","authors":"Stefanus Don Rade, Mericiana Yulita Fin Tae, Firgilius Kandro Mego Asman, Kalistus G. Wayong Huler","doi":"10.59653/jplls.v1i02.81","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.81","url":null,"abstract":"Credit Unions have an important role in improving the economy of the Indonesian people through joint efforts based on family principles, so cooperatives need to develop themselves further and be built to be strong and independent based on cooperative principles. In running its business, the suitable implements credit, a form of effort to process the capital owned from deposits and member donations, to achieve optimal results. A credit agreement is needed to avoid bad credit in the future as evidence of a contract between the creditor and the debtor. This is a reference to legal protection for the debtor. This research was conducted through the empirical juridical method using primary data sources, namely data obtained directly in the field. In terms of providing credit and collateral, there is often negligence by the debtor to the creditor. Hence, the creditor, in this case, the Swastisari Kupang Credit Cooperative, has a very interesting strategy as a reference for recovery, namely by checking loan files, surveys, credit analysis by applying the 5C principle, billing control by checking data periodically to find out the condition or condition of the borrowing member. In addition, the cooperative makes rescheduling, restructuring, and reconditioning to achieve mutual welfare based on the principle of kinship.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132190845","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}
Mining commodities are strategic commodities for the Indonesian people because they are a source of state revenue. On the other hand, mining has a significant social, economic, and political impact. Therefore, the decision to grant a mining permit needs to be considered carefully. The Minerba Law of 2009 took over some authority to the Central Government. This takeover creates a conflict in the Regional Government which wants the authority to grant permits to reside with the regional government. By using normative analysis, this study tries to see the purpose of the Minerba Law Number 4 of 2009. This research shows that apart from granting permits, other factors need to be considered, namely how the mining sector provides revenue and benefits the local community.
{"title":"Distribution of Authority for Mining Business Permits between the Central Government and Regional Governments After the Enactment of the Minerba Law Number 4 of 2009","authors":"P. Cakranegara, Dedi Rianto Rahadi, E. Susilowati","doi":"10.59653/jplls.v1i02.46","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.46","url":null,"abstract":"Mining commodities are strategic commodities for the Indonesian people because they are a source of state revenue. On the other hand, mining has a significant social, economic, and political impact. Therefore, the decision to grant a mining permit needs to be considered carefully. The Minerba Law of 2009 took over some authority to the Central Government. This takeover creates a conflict in the Regional Government which wants the authority to grant permits to reside with the regional government. By using normative analysis, this study tries to see the purpose of the Minerba Law Number 4 of 2009. This research shows that apart from granting permits, other factors need to be considered, namely how the mining sector provides revenue and benefits the local community.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122771772","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}
This conceptual study aims to analyze Presidential Threshold and Parliamentary Threshold arrangements in elections from the regulatory aspect, the implications for the political rights of citizens and political parties and their comparison with other countries. The method used is normative juridical with a conceptual approach, statutory regulations, and comparative law. The legal materials are primary, secondary, and tertiary, then analyzed descriptively qualitatively. Based on the results of the research, it can be stated that by setting the Presidential Threshold and Parliamentary Threshold percentages, the right of citizens to participate in government, both to vote and to be elected in elections, has been limited so that from the perspective of people's sovereignty, it has created inequality or in other words, there is no equality, fair to citizens. Because presidential and vice-presidential elections and legislative elections are a consequence of the existence of a democratic system, it should be regulated by laws and regulations that are in favor of the interests of the people and not just camouflage for political elites who prioritize their groups only.
{"title":"Presidential Threshold and Parliamentary Threshold Setting in Elections","authors":"Josef Mario Monteiro","doi":"10.59653/jplls.v1i02.32","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.32","url":null,"abstract":"This conceptual study aims to analyze Presidential Threshold and Parliamentary Threshold arrangements in elections from the regulatory aspect, the implications for the political rights of citizens and political parties and their comparison with other countries. The method used is normative juridical with a conceptual approach, statutory regulations, and comparative law. The legal materials are primary, secondary, and tertiary, then analyzed descriptively qualitatively. Based on the results of the research, it can be stated that by setting the Presidential Threshold and Parliamentary Threshold percentages, the right of citizens to participate in government, both to vote and to be elected in elections, has been limited so that from the perspective of people's sovereignty, it has created inequality or in other words, there is no equality, fair to citizens. Because presidential and vice-presidential elections and legislative elections are a consequence of the existence of a democratic system, it should be regulated by laws and regulations that are in favor of the interests of the people and not just camouflage for political elites who prioritize their groups only.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115631562","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}
This journal aims to examine the concept of bank interest (riba) within the framework of Islamic law (Sharia). The practice of charging and receiving interest has been a topic of significant debate and controversy among Islamic scholars and jurists. This paper provides an in-depth analysis of the philosophical underpinnings of bank interest in Islamic law, taking into account various perspectives and interpretations within the Islamic legal tradition. The journal begins by exploring the foundational principles of Islamic law and its ethical framework, highlighting the prohibition of riba as outlined in the Quran and the Hadith. It discusses the historical context and evolution of Islamic banking and finance, emphasizing the need for alternative financial mechanisms that comply with Islamic principles. The study then delves into the philosophical considerations surrounding bank interest from an Islamic legal perspective. It examines different schools of thought and the rationale behind their positions, including the arguments for and against the permissibility of bank interest. The utilitarian perspective evaluates the societal consequences of interest-based transactions, while the deontological approach emphasizes the adherence to moral principles. The contractualist viewpoint focuses on the voluntary agreements between parties, and the concept of justice and equality is examined in relation to interest-based transactions. Furthermore, the journal analyzes contemporary practices in Islamic banking and finance, including the development of Islamic financial instruments that adhere to Sharia principles. It explores the role of regulatory bodies in overseeing and ensuring compliance with Islamic law in the financial industry. The research concludes by synthesizing the diverse perspectives and providing a comprehensive understanding of the philosophical considerations surrounding bank interest in Islamic law. It emphasizes the importance of contextual interpretation and critical analysis within the Islamic legal tradition to address the challenges and complexities posed by modern financial systems.
{"title":"Normative Juridical Review Regarding Bank Interest in Islamic Law","authors":"Christopher Panal Lumban Gaol","doi":"10.59653/jplls.v1i02.30","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.30","url":null,"abstract":"This journal aims to examine the concept of bank interest (riba) within the framework of Islamic law (Sharia). The practice of charging and receiving interest has been a topic of significant debate and controversy among Islamic scholars and jurists. This paper provides an in-depth analysis of the philosophical underpinnings of bank interest in Islamic law, taking into account various perspectives and interpretations within the Islamic legal tradition. The journal begins by exploring the foundational principles of Islamic law and its ethical framework, highlighting the prohibition of riba as outlined in the Quran and the Hadith. It discusses the historical context and evolution of Islamic banking and finance, emphasizing the need for alternative financial mechanisms that comply with Islamic principles. The study then delves into the philosophical considerations surrounding bank interest from an Islamic legal perspective. It examines different schools of thought and the rationale behind their positions, including the arguments for and against the permissibility of bank interest. The utilitarian perspective evaluates the societal consequences of interest-based transactions, while the deontological approach emphasizes the adherence to moral principles. The contractualist viewpoint focuses on the voluntary agreements between parties, and the concept of justice and equality is examined in relation to interest-based transactions. Furthermore, the journal analyzes contemporary practices in Islamic banking and finance, including the development of Islamic financial instruments that adhere to Sharia principles. It explores the role of regulatory bodies in overseeing and ensuring compliance with Islamic law in the financial industry. The research concludes by synthesizing the diverse perspectives and providing a comprehensive understanding of the philosophical considerations surrounding bank interest in Islamic law. It emphasizes the importance of contextual interpretation and critical analysis within the Islamic legal tradition to address the challenges and complexities posed by modern financial systems.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"302 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124307927","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}
This paper aims to describe, understand and analyze the omnibus law as an investment law reform in Indonesia based on the hierarchical principle of laws and regulations. As for writing this article using normative legal research. In addition, the writing of this article uses a theoretical and juridical approach. The results of this study indicate that in the formation of the omnibus law as a rule that facilitates Indonesian investment, the hierarchical principle of laws and regulations applies. Then there is some urgency to form an omnibus law in the investment aspect. One of the theories of the welfare state that applies to Indonesia is the role of increasing the economy in the investment sector through the omnibus law in order to realize the mandate of the Indonesian constitution, namely to promote general welfare and as much as possible for the prosperity of the Indonesian people.
{"title":"Omnibus Law as Investment Law Reform in Indonesia Based on the Hierarchy of Legislation Principles","authors":"Imam Sujono, Mulyanto Nugroho","doi":"10.59653/jplls.v1i02.28","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.28","url":null,"abstract":"This paper aims to describe, understand and analyze the omnibus law as an investment law reform in Indonesia based on the hierarchical principle of laws and regulations. As for writing this article using normative legal research. In addition, the writing of this article uses a theoretical and juridical approach. The results of this study indicate that in the formation of the omnibus law as a rule that facilitates Indonesian investment, the hierarchical principle of laws and regulations applies. Then there is some urgency to form an omnibus law in the investment aspect. One of the theories of the welfare state that applies to Indonesia is the role of increasing the economy in the investment sector through the omnibus law in order to realize the mandate of the Indonesian constitution, namely to promote general welfare and as much as possible for the prosperity of the Indonesian people.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"203 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124551734","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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