Jurnal IUS (Kajian Hukum dan Keadilan)
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The Women’s Leadership: Orientation from a Legal and Islamic Sharia Perspective
Full text linkWomen’s leadership in the political dimension is an interesting study because even though Indonesia has substantially regulated women’s leadership, in practice women’s leadership has not been implemented optimally. This research aims to answer two legal issues, namely the legal political orientation related to women’s leadership in politics in Indonesia, as well as the perspective of Islamic law related to women’s leadership in politics in Indonesia. This research is normative legal research with a conceptual and statutory approach. The research results confirm that the problems regarding legal politics for women to hold political positions are more related to aspects of legal culture and collective understanding of society. This emphasizes that legal politics related to the role and orientation of women’s leadership in the world of politics must receive optimal understanding and awareness in society so that women get more portions and roles to occupy political positions in proportion to men’s political leadership. Apart from that, from the perspective of Islamic Sharia regarding women’s leadership in politics in Indonesia, there is actually no definite prohibition (qath’i) that prohibits women from becoming political leaders. Therefore, referring to the Maqashid Asy-Syariah aspect, it refers to the development of time and culture, especially when women also have the same opportunities to receive education so that they have the same potential to become political leaders as men.Kepemimpinan perempuan dalam dimensi politik merupakan salah satu kajian yang menarik karena di Indonesia sekalipun secara substansi telah mengatur mengenai kepemimpinan perempuan namun dalam praktiknya kepemimpinan perempuan belum optimal diterapkan. Penelitian ini bertujuan menjawab dua isu hukum yaitu orientasi politik hukum terkait dengan kepemimpinan perempuan dalam perpolitikan di Indonesia, serta perspektif syari’at Islam berkaitan dengan kepemimpinan perempuan dalam perpolitikan di Indonesia. Penelitian ini merupakan penelitian hukum normatif dengan pendekatan konsep dan perundang-undangan. Hasil penelitian menegaskan bahwa problematika mengenai politik hukum bagi perempuan untuk menduduki jabatan politik lebih pada aspek budaya hukum dan pemahaman kolektif masyarakat. Hal ini menegaskan bahwa politik hukum terkait dengan peran dan orientasi kepemimpinan perempuan dalam dunia politik harus mendapatkan pemahaman dan penyadaran di mayarakat secara optimal supaya perempuan lebih mendapatkan porsi dan peran untuk menduduki jabatan politik secara proporsional dengan kepemimpinan politik laki-laki. Selain itu, dalam perspektif Syari’at Islam berkaitan dengan kepemimpinan perempuan dalam perpolitikan di Indonesia sejatinya tidak terdapat larangan secara pasti (qath’i) yang melarang perempuan sebagai pemimpin politik. Oleh karena itu, mengacu pada aspek Maqashid Asy-Syariah maka pada perkembangan zaman dan kebudayaan, khususnya ketika perempuan juga memiliki kesempatan yang sama dalam mengenyam pendidikan sehingga memiliki potensi yang sama menjadi pemimpin politik sebagaimana laki-laki
The Criminal Law Enforcement Based on Socio-Legal Approach Against Illegal Parking Officers in Achieving Justice
Full text linkThis research aims to analyze aspects of law enforcement based on a socio-legal approach towards illegal parking officers in realizing justice. This research is socio-legal legal research which looks at law comprehensively including its relationship to non-legal aspects. The research results confirm that the factors related to the phenomenon of illegal parking officers are actually complex, including economic, social, cultural and political factors. The existence of illegal parking officers generally occurs because both regulations and law enforcement officers in Indonesia have not been optimal and effective in carrying out law enforcement efforts against illegal parking officers. The concept of criminal law enforcement against illegal parking officers based on a socio-legal approach can also prioritize non-penal and penal efforts so that it is hoped that the criminal law enforcement process can be carried out optimally. Efforts to enforce criminal law for illegal parking officers in realizing justice can be carried out by approaching legal and non-legal aspects in both preventive and repressive law enforcement
Criminal Acts of Physical and Non-Physical Sexual Violence in University
Full text linkSexual violence in educational environments, especially universities, is a significant social issue that needs urgent attention. This study highlights the issue of sexual violence in university settings, focusing on understanding the role of victims in cases of sexual violence from a victimological perspective. The purpose of this research is to analyze the extent to which internal and external factors influence victims' decisions to report or not report incidents, as well as to explore victims' involvement in incidents of sexual violence. Using an empirical legal method with a case-based approach, this study combines surveys, interviews, and literature reviews to gather primary and secondary data. The novelty of this research lies in its in-depth analysis of the psychological and social dynamics affecting victims' involvement in sexual violence cases on campus. The findings indicate that in some cases, victims may indirectly contribute to the occurrence of sexual violence due to unawareness of their social surroundings, referred to as "imprudent victims" in victimology. This study recommends establishing a PPKS Task Force and introducing “Sahabat PPKS” in each faculty as strategic measures to create a safe and supportive campus environment for victims. The research aims to contribute to the development of comprehensive protection policies, including legal, psychological, and social support for victims within academic settings.Sexual violence in educational environments, especially universities, is a significant social issue that needs urgent attention. This was highlighted in a case study at Hasanuddin University in 2022. There has been an increasing number of victims over the years, largely because many victims of sexual violence, both physical and non-physical, are hesitant to report due to fear of psychological impact, concerns about victim-blaming, ongoing harassment, or discrimination. The study utilized purposive sampling and combined field studies with literature reviews for data collection. Through qualitative descriptive analysis, which included interviews and literature assessments, the research explored the involvement of victims in incidents of sexual violence at the university. It was found that the role of victims at Hasanuddin University was actively involved in both physical and non-physical aspects of sexual violence. The study also discusses what regulations and measures are effective in reducing sexual violence, providing insights into how they affect the overall environment based on the experiences of victims and authorities.
Keywords: Sexual Violence, University, Victimology
An Examination of Factors Influencing Law Enforcement in Cases of Electoral Offenses During the 2020 Regional Head Elections in Northern Lombok Regency
Full text linkThis study aims to explore the determining factors impacting the enforcement of electoral laws during the 2020 regional elections in North Lombok Regency. Regional head elections represent a direct mechanism for the populace to elect their leaders. Given the nature of elections as a platform for power acquisition, they inherently attract transgressions, unlawful deeds, irregularities, and other violations. The Final Report of the Election Supervisory Body (Bawaslu) of North Lombok Regency revealed that while eight instances of electoral infractions were probed, only one case was prosecuted, forming the focal point of this article. The research employed normative-empirical legal research with both conceptual and case approaches, by collecting primary and secondary data, which were subsequently qualitatively analyzed. The findings indicated various factors influencing the adjudication process of electoral offenses during the 2020 Pilkada in North Lombok Regency, including disparities in the interpretation of legal statutes among law enforcement entities handling electoral crimes, inadequate evidentiary support to establish electoral infractions, and challenges in procuring testimony from cooperative witnesses
Constitutionality of Simultaneous Extension and Renewal of Land Rights
Full text linkOne form of state control is to regulate the granting of land rights, including determining the subject of the right and the duration of a land right. The determination of the period of land rights must pay attention to equality of opportunity and access in acquiring and controlling land so as to create the greatest prosperity of the people as the goal of national agrarian law. This is a normative research that focuses on examining the harmony between regulations so that it uses a statute approach and conceptual approach. Therefore, primary legal materials and secondary legal materials obtained based on literature research are used. The data obtained was then analyzed based on content analysis. In this research, it is found that there are overlapping regulations between the Basic Agrarian Law, Governmental Regulation No. 40 of 1996, Agrarian Minister Regulation No. 18 of 2021 and Government Regulation No. 12 of 2023 regarding the extension and renewal of land rights at the same time. In addition, in reality, the simultaneous extension and renewal of land rights causes several things, namely: (1) legal uncertainty because there are regulations as the basis that collide with each other; (2) inequality and injustice for the community in accessing land; and (3) presents unconstitutionality because basically this policy has violated the Constitutional Court's decision
Enforcement of the Code of Ethics for 2024 Election Organizers in Indonesia: A Substantive Justice Perspective
Full text linkThis study employs a normative legal research approach focusing on conceptual and legislative analysis. Its aim is to examine the dynamics of the enforcement of the electoral organizers’ code of ethics by the Indonesian Election Supervisory Agency (DKPP) and to formulate a reconstruction of this enforcement aimed at achieving substantive justice. The findings assert that the enforcement dynamics of the electoral organizers’ code of ethics by DKPP inherently pose two main issues. Internally, the enforcement requires oversight and public participation to ensure DKPP’s credibility and integrity in upholding the code of ethics. Externally, issues arise regarding the final and binding nature of DKPP decisions, which have been undermined by Constitutional Court rulings, allowing for their annulment by judicial bodies such as the Administrative Court (PTUN). Reconstruction or reform efforts concerning the enforcement of the electoral code of ethics for electoral administrators, based on substantive justice, necessitate a clear affirmation of the independence of ethical norms, particularly those related to the conduct of electoral administrators. This includes ensuring that the enforcement of these ethical norms is immune from legal norms and external intervention. Additionally, there is a need for a revision of the electoral laws in Indonesia to enhance the appeal process for ethical judgments rendered by the Election Supervisory Board (DKPP), which are final and binding and cannot be overturned by the courts, especially the Administrative Court (PTUN)
Formulation of Online Dispute Resolution in Realizing Fair Industrial Relations Dispute Settlement: A Comparative Study
Full text linkAlthough alternative method exists as stipulated in Article 3 paragraph (1) and Article 4 paragraph (3) of the Industrial Relations Dispute Settlement Law, in fact, the dispute resolution in Indonesia’s industrial relation has been focusing on litigation mechanisms. However, litigation is not the best way to fulfill both disputing parties’ desire for justice as the output is win-lose. As such, alternative method exists, puts forward the ‘win-win’ solution. Nonetheless, the current legal framework only sets the clear rule of the aforementioned alternative method to be conducted in person, despite the global pandemic Covid-19. Accordingly, ODR is established to enable virtual procurement. This article will analyze the conception and benefits of online dispute resolution, its implementation gaps in the context of industrial relations dispute resolution, and its regulatory formulation to gain legitimacy in Indonesian law. Applying normative legal research, this article uses statutory, conceptual and comparative approaches. From the research conducted, it is indicated that online dispute resolution is technically superior as it is simple, fast, and low in cost. Even under the Industrial Relations Dispute Settlement Law, its application is feasible, specifically through mediation and conciliation. In Indonesia, implementation of online dispute resolution is possible by amending the Industrial Relations Dispute Settlement Law, considering the prioritization of alternative dispute resolution based on practices in Cambodia, Spain, and ILO Guidelines, as well as the superiority of online dispute resolution based on practices in the United States and UNCITRAL Technical Notes.Although alternative method exists, the dispute resolution in Indonesia’s industrial relation has been focusing on litigation mechanism. However, litigation is not the best way to fulfil both disputing parties’ desire for justice as the output is win-lose and not win-win solution. As such, alternative method which puts forward the ‘win-win’ solution e.g., negotiation, mediation, conciliation, and arbitration in the industrial context known as ‘bipartite’ and ‘tripartite’ mechanism. Nonetheless, the current legal framework only sets the clear rule of the aforementioned alternative method to be conducted in person, despite the world now has been facing global pandemic Covid-19 along with its new variant, making it almost impossible to rely on in-person meeting. In addition to that, online dispute resolution will cut expenses which strengthen the efficiency of that method. This article will analyze on the probability of implementing such method within the context of industrial relation law. Applying normative legal research, this article uses statutory, conceptual and comparative approached. From the research conducted, it is indicated that online dispute resolution is favourable and has high probability to be the efficient method as seen in the comparison of Cambodia, Spain, United States of America which in accordance with International Labour Organization’s standard. Furthermore, online dispute resolution is possible to be fully implemented in Indonesia trough amendment of Perselisihan Hubungan Indistrial Law which must be simultaneously conducted with improving the people’s quality involved in the dispute resolutio
Business on Nickel Downstreaming with China and European Union Lawsuits
Full text linkThis study aims to discuss the law and investment business between China-Indonesian companies and the European Union lawsuit. China companies that build nickel refining and processing plants or smelters in Indonesia with large investment values, the Indonesian government obtains significant profits from exports through domestic processed nickel exports. The research method used in this study is the normative legal research method. The results of the study indicate that the benefits between Indonesia and China include China investment in Indonesia, job creation in Indonesia, and increased export results, which have an impact on concerns in the European Union, especially since Indonesia recently banned the export of nickel ore. On the contrary, Indonesia has encouraged domestic nickel ore processing to add value to nickel products. Indonesia as one of the largest nickel producers in the world has regulations regarding nickel exports. This is stated in the Regulation of the Minister of Energy and Mineral Resources Number 11 of 2019 concerning the Second Amendment to the Regulation of the Minister of Energy and Mineral Resources Number 25 of 2018 concerning Mineral and Coal Mining Business Activities. In the regulation, Indonesia imposed a ban on nickel ore exports. Regarding this ban, the European Union reacted by filing a lawsuit with the World Trade Organization (WTO). Based on the State sovereignty & Theory of Welfare State, the state must actively strive for welfare, and act fairly that can be felt by all people evenly and in balance. Therefore, the implementation of a ban or restriction on nickel ore exports is a way for the Indonesian government to improve people’s welfare. The narrative of national sovereignty and welfare state can be used as an argument in front of the WTO international forum but accompanied by a strong legal basis argument by using Article XIX of GATT 1994 regarding the exception in economic circumstances, a safeguard measure against domestic industry when there is a surge in imports that causes or threatens to cause serious losses.That the downstream nickel business between Indonesia and China aims to obtain maximum profits for the welfare of the Indonesian people, which is based on legal regulations issued by the Indonesian government. As Chinese companies are building purification and processing plants or nickel smelters in Indonesia with a large investment value, the Indonesian government obtains a substantial advantage from the export through the export of domestically processed nickel. Also, Indonesian and Chinese companies both benefit from having a nickel smelter or refining and processing factory in Indonesia. These advantages encompass Chinese investment in Indonesia, job creation in Indonesia, and increased export outcomes. However, this development has raised concerns in the European Union, primarily because Indonesia recently banned the export of nickel ore. Instead, Indonesia has encouraged the domestic processing of nickel ore to add value to nickel products. Indonesia as one of the world’s largest nickel producers has regulations in terms of nickel exports. This is stated in the Regulation of the Minister of Energy and Mineral Resources Number 11 of 2019 concerning the Second Amendment to the Regulation of the Minister of Energy and Mineral Resources Number 25 of 2018 concerning the Business of Mineral and Coal Mining. In this regulation, Indonesia imposes a ban on the export of nickel ore. Related to this ban, the European Union also reacted by filing a lawsuit filed at the World Trade Organization (WTO). Based on the Constitution, the welfare of the Indonesian people is the main goal through the management of natural resources, so outside parties or other countries cannot intervene.
 
Initiating the Reform of Principle Norms in the Formation of Laws in Indonesia
Full text linkThe formation of responsive laws is an ideal form and a must in a country that adheres to democracy, the involvement of the community in the formation of laws and regulations is a form of implementation of democracy and popular sovereignty, so far the principles of the Formation of Legislation are regulated in Article 5 of Law Number 12 of 2011, but these principles are still formally operational and are considered unable to provide space for the community in conveying input that needs to be fulfilled in the mechanism of forming laws, so there needs to be an update on the principles of its formation. This research aims to find out how the idea of updating the norms of principles in the formation of laws in the future, the method in research uses legal research methods through approaches, data analysis is descriptive qualitative statute approach, conceptual approach, and case approach. the results of the study show that the formation of laws and regulations must certainly begin with a response to the existence of a legal problem that develops in society and there must be a regulatory solution, so that the formation of laws and regulations is not always based on political interests, certain groups or other interests, it is to avoid overregulation. The concept of responsiveness becomes urgent to be prioritized as a new norm of principles in the formation of good laws and regulations, because it can provide a two-way space between the legislator and the public quickly. the concept of responsiveness becomes a new idea in the new norm of the principles of good law formation, which has the character of strengthening the root foundation of the principle of openness and as a supporter (supporting) to the provisions of Article 96 Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislative Regulations
The Jurisprudence of Religious Moderation: Strengthening Al-Wathanniyah Values at the Intersection of Islam and Nationality
Full text linkThe purpose of this research is to analyze the concept of religious moderation fiqh and the value of al-wathanniyah at the intersection between Islam and nationalism in Indonesia as well as to formulate strategies and efforts that can be made to strengthen the value of al-wathanniyah as a basis in realizing religious moderation fiqh in Indonesia. This research uses qualitative research methods. Data collection techniques are carried out through in-depth literature studies on related classical and contemporary literature sources, as well as conceptual analysis to critically and comprehensively identify, explore, and map key concepts. The research results explain that the concept of religious moderation fiqh which emphasizes the attitude of tawassuth (moderate), tawazun (balanced), and i’tidal (straight) in understanding and practicing Islamic teachings has a meeting point with the value of al-wathanniyah or love for the homeland as part of the faith of a Muslim in Indonesia. Strengthening the value of al-wathanniyah or love for the homeland at the intersection between Islam and nationalism becomes the key to realizing the fiqh of religious moderation. These two concepts are in line with realizing a just, peaceful, prosperous society, and upholding unity in diversity in accordance with the ideals of the nation. To strengthen it as a basis for religious moderation in Indonesia, a comprehensive strategy is needed that includes aspects of education by integrating these values in the curriculum, spreading moderate discourse through various media, community empowerment, the role of the government in regulations by involving religious and community leaders, as well as cooperation and dialogue among stakeholders to build a collective understanding in the Indonesian context