Indonesian Journal of Law and Islamic Law (IJLIL)
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Uncovering The Traces Of Freijer's Compendium: Historical Analysis And Its Role In Islamic Marriage Law In Indonesia
No full textThe purpose of this study is to identify the role of the Freijer Compendium on marriage law in Indonesia. This research method uses normative legal research (doctrinal), a library research aimed at written regulations. In this case, it focuses on the main source, namely the Freijer Compendium manuscript, as well as literature related to marriage law in Indonesia. The results show that the Freijer’s Compendium influenced marriage law in Indonesia which is an integral part of fundamental human rights, because legal recognition and protection of the institution of marriage is essential in upholding the principles of equality and justice in society. Freijer's Compendium then shaped the general understanding of Islamic marriage and inheritance law in Indonesia and became the legal basis for the Ordonnantie op het Huwelijk van Inlanders (Bumiputera Marriage Ordinance) during the Dutch government which developed into the formation of Law No. 1 of 1974
Compared to the Justice Procedure Act and the Kuhap Provision Providing Free Legal Advice to Suspects
Full text linkThe aim of the research is to examine the comparison of jinayat procedural law with kuhap in providing free legal advice to suspects, the method used is normative juridical with statutory and conceptual approaches, primary legal material: Aceh Qanun Number 7 of 2013 concerning Jinayat Procedural Law and Laws Number 8 of 1981 concerning Criminal Procedure Law, secondary legal materials: journal articles, books, etc. The analysis technique used is descriptive analysis and the interpretation used is grammatical and systematic interpretation. The results of the research show that in the procedural law of jinayat a person who is given the assistance of a legal advisor is threatened with 60 (sixty) lashes or 1200 (one thousand two hundred) grams of pure gold as a fine or 60 (sixty) months in prison or more or for those who cannot afford it. Meanwhile, the criminal procedure law limits the provision of legal advice to only suspects who face a prison sentence of five years or more and the death penalty or a sentence of fifteen years. In the future, the suggestion in this article is that the concept of free legal advisory assistance provided by the state must be provided to all suspects
The Essence of Marriage Agreement as Protection in the Indonesian Marriage Law System
No full textThe purpose of this research is to know and understand the essence of a marriage agreement by a married couple in an effort to create a harmonious family. Indonesia, through Law Number 16 of 2019 concerning Amendments to Marriage Law Number 1 of 1974 concerning Marriage Article 29, regulates the time and object of marital agreements made by married couples. The research methodology used in this research is normative research (library research), using a statutory approach. The findings of this study show that a marriage agreement is an important legal instrument in providing protection and justice for married couples. Through this agreement, couples can formulate agreements regarding their respective rights and obligations, especially regarding property management and financial responsibilities, and create a more equal and fair relationship. In addition, the marriage agreement also acts as preventive and repressive legal protection, which can prevent conflicts and provide guidelines for settlement if disputes arise. Thus, a marriage agreement not only protects the rights of the spouses but also serves as a progressive and adaptive legal protection mechanism for changing times, providing an important guarantee of legal certainty for the parties to the marriage
Unearthing Perspectives from Aristotle's Nicomachean Ethics and Islamic Adl: Discourse of Settler Colonialism in South Africa
No full textThis study explores the enduring impacts of settler colonialism on contemporary South Africa, examining how it continues to shape issues of identity, citizenship, belonging, and social injustices. Moving beyond problem-solving, the research delves into ancient philosophical and Islamic ethical concepts of a just society. Two frameworks are compared: Aristotle's theories of justice, particularly from Books III and V of his Nicomachean Ethics (which cover the same material as Book IV of Eudemian Ethics), and the Islamic concept of Adl. By analyzing these frameworks and applying critical methods to South African discourse, including keynote speeches, the study aims to develop a more robust understanding of justice in the context of settler colonialism's lasting inequalities. This paper seeks to articulate and expand the conceptual understanding of these two frameworks, providing a richer philosophical and normative picture to inform current discussions on the legacy of settler colonialism. The study employs a qualitative approach, using document analysis, comparative analysis, and critical methods to analyze data. These methods are used to discuss the presented theories of justice. Additionally, in the South African setting, keynote speeches were analyzed as primary data
The Perspective of Community Voice and Islamic Law on Akad Bhekal Tradition in Maron Kidul, Probolinggo District: Tradisi Akad Bhekal di Desa Maron Kidul Perspektif Masyarakat Dan Hukum Islam
No full textThe bekalan tradition frequently becomes the topic of discussion in the social community. The initial purpose of holding the bekalan tradition, which should be a pattern of intimacy, has now become a common mistake. Some associations between men and women during bhekalan are often known to deviate from Islamic Law. It has become standard when it is known that men and women during Bhekalan are always together, holding hands and even staying at their partner's house. Ironically, if such things are not done, it becomes a topic of controversy in the neighbourhood. The research discussed the implementation of the akad bhekal tradition that occurs in the Maron Kidul community and the community's perspective and Islamic Law on the tradition. It occurs due to the community's traditional law, which appears to have taken the form of local community customary law. This research uses a qualitative method where the primary source is obtained through observation, interview and documentation. The technique of testing data validity is to use the triangulation method. This research shows that the tradition of akad bhekal is not a fixed tradition that applies to the entire village of Maron Kidul. Furthermore, the implementation of the Akad Bhekal is the same as the implementation of the Akad Sirri
Law Enforcement on Misuse of Personal Data by Online Loan Business Actors
Full text linkThis study aims to explore data breaches in the usage of online loan applications (peer-to-peer lending) that happen as a result of financial advancements in technology. It is essential to discuss the issue of personal data security in online loan application activities because it concerns fundamental privacy for everyone. This phenomenon not only offers convenience in obtaining loan facilities but also creates problems, primarily related to personal data entered during registration and requests for access to several points of personal data when making loans through the application provided and vulnerable to being misused by third parties and even the platform. Alone. Based on the findings of normative juridical investigations conducted, borrowers' data is legally protected under the ITE Law and OJK regulations governing financial technology (fintech). In addition, administrative sanctions and criminal sanctions can be applied if personal data is violated. If an online lending business actor violates someone's data, the district court will sanction the customer or cybercrime perpetrator and revoke the fintech business license from the financial services authority (OJK
Legal Protection for Creators in Copyright Infringement through E-Commerce
Full text linkThe background of this research is that numerous incidents of copyright infringement, such as piracy, theft, and plagiarism, occur on e-commerce platforms; this is obviously detrimental to the producer of an intellectual work. This research aims to find a form of legal protection for creators for copyright infringement of their intellectual works on e-commerce platforms. The research method used is the normative legal research method with a statutory and conceptual approach, where this method is used to analyze and study several regulations governing copyright infringement and violations in the field of information technology, as well as several legal books and journals that discuss protection law for creators, and e-commerce platforms. The result of this research is the discovery of 2 (two) forms of legal protection for creators of copyright infringement through e-commerce, based on Philips M. Hadjon theory of legal protection, namely: First, preventive legal protection implemented in the form of Copyright Registration as a form of certainty law for creators to obtain concrete evidence regarding ownership of their copyrights; and Second, repressive legal protection implemented in the form of Law no. 28 of 2014 concerning Copyright and Law no. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, which regulates ways to deal with copyright infringements by imposing sanctions in the form of Administrative Sanctions, Civil Sanctions, and Criminal Sanctions
Principles of Human Rights (HAM) in Indonesian Sustainable Palm Oil (ISPO)
Full text linkPalm oil is Indonesia's leading commodity that is able to compete in the international market. However, there are often accusations that Indonesian palm oil is unsustainable due to problems of deforestation, corruption and human rights violations against land grabbing of indigenous and local communities. So that they lose their homes and find it difficult to meet their needs because they depend on the forest. In response to this, the government has updated the ISPO regulations through Presidential Regulation Number 44 of 2020 concerning the Indonesian Sustainable Palm Oil plantation certification system. The formulation of the problem from this research is whether ISPO is in accordance with human rights principles and what is the future conception so that ISPO is more in line with human rights principles. This research is included in normative legal research using a legal and conceptual approach. Based on the research results, it is known that ISPO has complied with several human rights principles, such as universal principles and non-discrimination. ISPO principles and criteria should be adjusted to the capacity of independent smallholders, so that there is equality in efforts to increase oil palm production
Post-Divorce Determination Of Marriage Dispensation: Penetapan Dispensasi Perkawinan Pasca Perceraian
No full textThe marriage law in force in Indonesia shows the parameters of maturity when a person is deemed capable of getting married, since the enactment of Law Number 16 of 2019 amendments to Law Number 01 of 1974 concerning registration, applications for dispensation for marriage in religious courts are increasing every year . Likewise in the Bondowoso Religious Court, along with the increase in requests for marital dispensation also accompanied by children who have applied for marital dispensation after some time later filing for divorce, so that in this case the divorce claims experienced a significant increase after the revocation of the marital dispensation was enacted. There are things that the government needs to do in responding to these conditions, namely: massive legal dissemination regarding the impact of early marriage and protection for women after divorce. It is on this basis that the author wishes to review divorce after the determination of marital dispensation using an empirical juridical research methodology
Constitutional Guarantee for Indonesian Citizens as Practitioners of a Belief System: Jaminan Konstitusional bagi Warga Negara Penganut Aliran Kepercayaan di Indonesia
No full textArticle 29, Paragraph (2) of the 1945 Constitution of the Republic of Indonesia guarantees freedom for every citizen to embrace a religion and/or belief system. This constitutional basis ensures that adherents of religions and beliefs are granted an equal position. However, legal issues arose when Law of the Republic of Indonesia Number 24 of 2013, concerning Amendments to Law Number 23 of 2006 regarding Population Administration, discriminated against residents who adhered to beliefs by leaving the religion column blank for Family Cards and Electronic KTPs (Article 61, Paragraphs (1) and (2), and Article 64, Paragraphs (1) and (5) of the Population Administration Law). This research utilizes normative legal research methodology. The legal product was ultimately reviewed by the Constitutional Court, which acknowledged the presence of adherents of religious beliefs in the column of Electronic ID Card