Jurnal IUS (Kajian Hukum dan Keadilan)
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Indonesia Sharia Stock Investment During Covid-19: Based on Islamic Economic Law Review
Full text linkThe development of technology and financial literacy has increased the number of Indonesians who use stocks as an investment instrument. This also has an impact on the popularity of Islamic stocks. This is because many people are interested in Islamic investment instruments. However, the COVID-19 pandemic has had a significant impact on stock price movements. Sharia stock prices have also experienced very volatile movements due to the COVID-19 pandemic. This phenomenon raises the question of whether investing in Islamic stocks during the COVID-19 pandemic is against Islamic economic law. This is because Islamic stock prices seem to be filled with uncertainty and have experienced a very significant price decline. Moreover, due to the COVID-19 pandemic, the number of stock investors is increasing rapidly. This article aims to analyze Islamic stock investment during the COVID-19 pandemic through the perspective of Islamic economic law. To analyze this issue, this article collects data through library research. The data were analyzed using qualitative methods. In the end, this article finds that investing in Islamic stocks during the COVID-19 pandemic does not contradict the principles of Islamic economic law. Instead, this article suggests that the public can take advantage of a certain momentum to start investing in Islamic stocks
The Concept of Actio Pauliana Creditor Law Bankruptcy Boedel Dispute Process to Achieve Substantive Justice
No full textThis Actio pauliana is actually a lawsuit that substantively attempts to confirm that the debtor's legal actions are declared legally invalid if they harm the creditor. In bankruptcy law, actio pauliana is an important instrument so that substantive justice, especially for creditors, can be implemented optimally. This research aims to analyze the substantive justice aspects of actio pauliana in the field of bankruptcy law. This research is normative legal research by prioritizing conceptual and statutory approaches. The research results confirm that the essence of actio pauliana in bankruptcy disputes is viewed from the aspect of substantive justice, namely that it is aimed at protecting creditor rights, especially when there are debtor legal actions that can harm creditors. Apart from that, Actio Pauliana also emphasizes the restitutive aspect as per the substantive justice concept, namely being able to declare the debtor's actions to have no legal force if the action is detrimental to the debtor and reduces the number of bankruptcy debts as has been determined. In its development, the actio pauliana lawsuit in bankruptcy actually represents the fairness aspect as a manifestation of substantive justice so that in the future the actio pauliana lawsuit will not only represent factual losses, but also include potential losses that directly harm creditors and can be proven fairly and properl
Reexamination of the Concept of Justice in the Inheritance System: A Study on Women's Inheritance in the Traditional Society of Bali in Lombok, West Nusa Tenggara, Indonesia.
Full text linkThe Hindu inheritance law allows for the possibility of inheritance for female children, though with a reduced share. Interpretations of religious norms are often disregarded in customary legal systems with the argument that Hinduism does not endorse double obligations. The customary inheritance law used by the Hindu community in Lombok, Indonesia, is based on Hindu inheritance laws interpreted according to local customs or village traditions. Different interpretations in each region regarding women's inheritance rights worsen the fulfillment of women's inheritance rights. Therefore, in line with the evolution of jurisprudence towards the fulfillment of women's inheritance rights, such as the shift from patrilineal to parental principles in Islamic inheritance, this study proposes the reexamination of the justice principle in Hindu inheritance law practiced by the Balinese indigenous people in Lombok. This reexamination should consider their unique characteristics and distinguish them from the Hindu community in Bali. As a basis for protecting women's rights in Hindu inheritance law, this becomes crucial for inclusion in a national legal framework
Pancasila's Economic Existence in Business Development: The Efforts to Realize Justice in Business Law
Full text linkThe Pancasila economy as a characteristic of Indonesia's unique economy encounters problems when faced with increasingly massive business developments. Business law has a role so that the existence of the Pancasila economy is maintained in the era of business development. This study aims to analyze the existence of Pancasila during business development to realize justice in the realm of business law. This is because the Pancasila economy seeks to apply the economic values of Pancasila in accordance with the interpretation of the constitution. This research is normative legal research with conceptual, statutory, and philosophical approaches. The results of the study confirm that the existence of the Pancasila economy is urgent to be maintained through various legal policies so that business development does not perpetuate capitalism which can create injustice in business competition. Business law in its development needs to refer to and pay special attention to the Pancasila economy so that existing business practices in Indonesia are in line with Pancasila values
Child Protection Post the New Marriage Law: How Indonesian Religious Court Interpreting the Urgency in Child-age Marriage
Full text linkThe amendment of the Law of Marriage in 2019 introduces the new concept of Dispensation of Marriage by providing some additional provisions: the obligations to provide the urgency of marriage and the specific supporting evidence in proving the urgency. This article aims to examine the interpretations of judges in Religious Court on defining the urgency of child-age marriage and the implementation of the supporting evidence in cases of Dispensation of Marriage. Based on the identification, the author analyzes the main questions about the protection of children's rights on those interpretations. Based on the normative legal research that examines the Rulings of Religious Court on the case of Dispensation of Marriage, this article uses the Nonprobability Sampling techniques, specifically the purposive sampling which refers to certain criteria, the author finds the inconsistencies in the interpretation of the urgency of marriage and the implementation of providing the supporting evidence, which influenced by 2 (two) factors, the Formal Regulation and the principle of judge’s independence. As a result, the author suggests detailed regulations regarding the supporting medical evidence, as well as the improvement of comprehensive and equal understanding for judges about the concept of child protection. Comparing to previous studies, this article shows its originality through a broader object study and comprehensive research analysis with more emphasis on juridical aspect, therefore that arguments and conclusions are built on a strong analytical foundation
The Importance of Structuring Relationships Between Local Governments and Business Entities in The Perspective of State Administrative Law in Batam City, Riau Islands
Full text linkThis article explains the importance of structuring the relationship between local government and local business entities from the perspective of state administrative law in Batam City, Riau Archipelago. This study used a qualitative research method, in which several relevant sources obtained were analyzed using descriptive analysis to be able to explain and answer the research questions as a whole. The findings of this study indicate that the dynamics of the dualism of authority that occurs between the Batam City Government and the Batam Concession Agency have violated several principles of good governance, namely those relating to the principle of legal certainty, the principle of not mixing authority, and the principle of implementing the public interest. In the process, to overcome the dualism of authority that occurs, it is necessary to integrate the Free Trade Areas (FTA) of Batam, Bintan, and Karimun with the Free Port Concession Agency (FPCA) by placing the authority of the FPCA under the control of the Governor of the Riau Archipelago Province. Therefore, to adopt a better possibility of the findings of this study, it is very important to immediately amend Government Regulation Number 46 of 2007 concerning the Free Trade Zone and Free Harbor of Batam as amended several times, most recently by Government Regulation Number 62 of 2019 concerning the Second Amendment on Government Regulation Number 46 of 2007 concerning Free Trade Zones and Free Ports
Legal Status of Accident Investigation Results of Space Activities in The Process of Enforcement of Space Law Enforcement in Indonesia: Between Procedural Justice and Substance Justice
Full text linkInvestigation findings and information obtained as a consequence of investigations cannot be treated as state secrets or utilized as evidence in court. This principle, which is followed by international aviation law, has generated controversy in Indonesian law enforcement practices, particularly when it comes to criminal and civil procedural laws, which acknowledge that the findings of investigations can serve as a foundation for further inquiries to identify suspects. The study’s findings revealed that, first, the ad hoc team’s philosophical investigation of space accidents within the framework of international law aims to determine the causes of spacecraft accidents to ensure that they don’t happen again in the future within the context of the main legal goal of benefit and justice for more people (the most people with the most happiness possible). While compensation claims are based on liability and without error (strict liability), police investigations as described in Articles 95 through 100 are intended to find criminal acts in space activities. There is no functional relationship between the two processes, so the findings of police or special team investigations cannot be used as the basis for carrying out legal actions. Given the obvious differences between the team’s investigation and the police’s investigation, there must be coordination between the technical team of the ministry and the police regarding the responsibilities and functions of these two institutions, each of which has a unique position and set of legal obligations. With this knowledge, it is believed that there won’t be any criminal prosecutions brought against the crews of spacecraft, similar to those brought against pilots in situations involving aviation accidents
Legal Regulation of Power Decentralization in Ukraine: Comparative Analysis and Criminal-Administrative Aspect
Full text linkThe purpose of this article is to shed light on the decentralization of power reform in Ukraine under war conditions. In the concept of Ukrainian territorial communities, the ancient European traditions of Ukrainian local self-government and modern standards of the European Union are successfully embodied. The article is a qualitative study with a historical and comparative approach. The results of the study conclude that the effective interaction between citizens, the state and international organizations contributed to the formation of Ukrainian territorial communities. It has been shown that personal income tax is one of the main sources of replenishing the budget of the community. In the first nine months of 2022, the local budget in the Dnipropetrovsk region of Ukraine collected 16,364,124 Ukrainian hryvnia (UAH) in personal income tax, which is 34% more than in the same period of 2021. Stabilizing and restoring local self-government in Ukraine requires the introduction of a new, effective and transparent strategic planning system at three levels: state strategy - regional strategy - community strategy. To restore and stimulate regional development, the strategy development must include the identification of the following four types of functional territories: recovery territories, economic growth poles, territories with special development conditions, and territories of sustainable development
Prevention of Corruption in Local Self-Government Bodies: Legal Regulation And Foreign Experience
Full text linkThe article focuses on the negative impact of corruption on the efficiency of the state, the reduction of the governability of the state, and the deterioration of the organization of public life even in the conditions of war in Ukraine. Prevention of corruption risks in local self-government bodies should be implemented by authorities exclusively at the level of a legislative act, necessarily in compliance with the principle of the rule of law and the corresponding guarantees of security in a certain state. The article analyzes in detail the legislation of Ukraine (administrative and criminal legal frameworks) regarding the prevention of corruption risks in local self-government bodies. It was concluded that the strengthening of responsibility for corruption in the conditions of martial law in Ukraine is fully justified, as it is aimed at preventing the "reduction" of international aid during the war and striking preventive strikes by equating corruption with collaboration with the enemy. A scientific vision of the legislative approach to solving the problem of combating corruption in Ukraine is formulated, taking into account the realistic goals of such activities and the war in the country. It has been proven that prevention of corruption risks in local self-government bodies is possible with the help of the following measures: anti-corruption mechanisms at the legislative level and in the activities of public administration bodies; formation of an effective system of state institutions that actually implement state policy in the field of combating corruption risks; prosecution of natural persons for corruption in the form of deprivation of liberty and other measures; intolerance of the population to corruption in war conditions. Attention is focused on the need for states to comply with international standards, namely the recommendations of GRECO and the Istanbul Action Plan of the OECD Anti-Corruption Network
The Positive Fictional Principle After the Implementation of The Job Creation Law: A Prophetic Legal Paradigm
Full text linkThe positive fictitious principle in the Law No. 11 of 2020 concerning Job Creation (CK Law) exists to facilitate investment and simplify licensing. However, the provisions in the CK Law, which exclude the role of the Administrative Court in fictitious applications have the potential to cause injustice and legal uncertainty in society. That research focuses on examining the positive fictitious principle's existence after the CK Law's enactment in the paradigm of prophetic law. The paradigm of prophetic regulation was chosen in this study as an effort to explore the theological (divine) and human dimensions in positive fictitious formulations as in CK Law. This research is a normative legal type of research with a concept and statutory approach. The results of the study confirm that in terms of the three aspects of prophetic law, namely transcendence, liberation, and humanization, the provisions of the CK Law, which no longer involve the role of the Administrative Court and have not issued Presidential Regulations regarding positive fiction can cause uncertainty and injustice in society. That makes the substance of the prophetic law in the positive fictitious provisions in the CK Law not be realized optimally. Orientation based on the prophetic legal paradigm in regulating the positive fictitious principle after regulation in the CK Law, according to the author, can be done by revising the positive fictitious provisions in the CK Law by returning the competence of the State Administrative Court