FIAT JUSTISIA
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A Normative Legal Analysis of Crypto Assets as Collateral for Debt in Indonesia
Full text linkCryptocurrency, or crypto assets, are virtual commodities emerging from technological advancements in commodity futures trading. To strengthen regulatory frameworks, it is essential to examine their characteristics as property, particularly their eligibility for property rights and use as collateral. This normative legal study employs a dogmatic approach, utilizing secondary data analyzed qualitatively. The findings indicate that crypto assets constitute intangible movable property with economic value, fulfilling property criteria in both Islamic and civil law. As such, property and ownership rights can be attached to crypto assets, allowing them to serve as collateral akin to shares. In cases of debtor default, execution through the sale of pledged crypto assets on an exchange is legally feasible
Psycholegal Analysis of Nurses’ Decision-Making in Patient Treatment Refusal: A Human Rights Perspective in Indonesia
Full text linkThe ethical challenges nurses face when patients refuse treatment—a legally protected right often complicated by normative, ethical, and social factors. It investigates how nurses reconcile respect for patient autonomy with their psycholegal responsibilities under Indonesian law. Using a normative juridical approach and thematic analysis of relevant documents, the research uniquely applies human rights theory to nursing decision-making in treatment refusal cases an underexplored perspective in Indonesian health law. Findings confirm that Article 276 of Law No. 17 of 2023, alongside international human rights frameworks and Islamic law, safeguards patients’ right to refuse treatment. When refusal is informed and voluntary, healthcare providers are legally protected. The research concludes that nurses must support patient autonomy through therapeutic communication, psycholegal awareness, and meticulous documentation
Social Media and the Interpretation of Islamic Inheritance Law: Insights from Muhammad Abu Rivai’s Instagram
No full textIn the digital era, social media has become a key medium for disseminating Islamic legal knowledge. This study analyzes the Instagram account of Muhammad Abu Rivai, which promotes Islamic inheritance law through accessible content. Using a qualitative-descriptive method and content analysis of 30 posts from January 2023 to January 2024, the research examines engagement metrics and content relevance to core inheritance issues. Applying the maqāṣid al-sharīʿa framework, the study finds that the account effectively simplifies complex legal concepts, enhancing public understanding of inheritance law and supporting the preservation of lineage (ḥifẓ al-nasl), property (ḥifẓ al-māl), and religion (ḥifẓ al-dīn). However, limited depth and interactivity in some posts pose risks of misinterpretation. The study recommends greater scholarly collaboration and interactive features to improve the accuracy and educational value of Islamic legal content on social media
Implementation of Asymmetrical Decentralization In Papua: Relevance to Demands and Problems
Full text linkThis research aims to analyze the implementation of asymmetric decentralization in Indonesia with the case study of Papua. Efforts to end the conflict in Papua are a priority for the Indonesian government. This research uses qualitative research methods packaged in a normative legal approach, including historical and legal approaches as primary sources for research. Based on the special autonomy law, there’s potential and equitable development through articles that provide opportunities for Indigenous Law 2/21. Because several changes lead to equality and the elimination of inequality. However, in practice, asymmetric decentralization can possibly become a problem, especially regarding the threat of conflict due to expansion and acts of corruption, collusion, and nepotism. In practice, several indicators have not been able to provide a solution to the separatism movement in Papua, especially regarding the peace agreement. The Implementation of special autonomy has not been a complete solution. Meanwhile, in the relevance of special autonomy, Law 2/21 sporadically has been by the requests represented DPRD included in the expense of discrimination and development allocation. However, in several demands, the Indonesian government has not been able to answer one of which is dialogue and openness of journalistic activities
Enhancing Public Service Access for Vulnerable Groups Through the Pentahelix-Based Inclusive Village Model
Full text linkThe Pentahelix approach is essential for enhancing access to and the quality of public services for vulnerable groups in Desa Karduluk, Sumenep. By fostering collaboration among government, academia, businesses, communities, and media, this model aims to create fairer, more effective, and sustainable services. This study employs a juridical-empirical method to assess the implementation of the Pentahelix approach in developing an inclusive village. The findings highlight its potential but also reveal challenges, including the absence of village-level regulations and limited private sector involvement. Academia, particularly IAIN Madura, has contributed through Tri dharma activities, albeit on a limited scale. Local businesses play a minor role, requiring training and market access support. Community groups, such as Parjughe and Pemuda Peduli, demonstrate concern for vulnerable populations but have not specifically addressed disability issues. While local media like kimpragaan.com have been active, broader media engagement remains limited
Legal Interpretation of Insurance Policies in Dispute Resolution: A Study of Decision No. 247/Pdt.G/2022/PN Bks
No full textAn insurance policy is a legal contract between the Insurer and the Insured, serving as written proof of their agreement. The Insurer agrees to compensate the Insured for actual losses from damage, loss, or destruction of property—or the loss of interest—caused by an uncertain event. In the perkara a quo, the Plaintiff claimed they still had the right to file against Defendant II for a toll road accident involving Co-Defendant II’s vehicle, despite having already submitted a claim to Co-Defendant II’s insurer. This research uses a qualitative method, analyzing a final and binding court decision (inkracht van gewijsde), with a descriptive-analytical approach. It explores two key questions: (1) How do legal principles of insurance contracts influence dispute resolution? and (2) What is the role of the policy as legal evidence, and how do courts interpret it? A policyholder’s right to claim arises after full premium payment and a covered loss. In this case, the Panel of Judges rejected the Plaintiff’s claim entirely. In the amar putusan, they also rejected the Defendants’ objections, concluding the Plaintiff failed to prove their claim
Human Rights Protection and Criminal Liability in the Smuggling of Indonesian Migrant Workers
No full textThis research examines the criminal liability of Indonesian migrant workers involved in migrant smuggling, whether intentionally or unintentionally, within the framework of human rights and criminal law. Using a doctrinal legal approach, the study finds that migrant workers, as victims of human trafficking, cannot be held criminally liable for smuggling since they are treated as objects of the crime, although they may still be accountable for other offenses under applicable law. Criminal liability rests with individuals or organized groups that profit from smuggling activities. The study emphasizes the need to protect the rights of Indonesian migrant workers and to prevent the criminalization of those who become victims of human trafficking
The Urgency of Regulating the Rescission of Child Adoption: A Comparative Study on Upholding the Best Interests of the Child
No full textThe absence of specific regulations governing the cancellation of child adoption in Indonesia has created a legal vacuum that undermines the principle of the best interests of the child. This study aims to develop an ideal legal framework for adoption cancellation to prevent practices contrary to child protection principles. Using a doctrinal approach and a comparative analysis with the Philippine legal system, the research emphasizes the urgency of establishing clear regulations that prioritize the child’s welfare in every judicial decision. The proposed reform integrates Law No. 23 of 2004 on the Elimination of Domestic Violence (UUPKDRT) and Government Regulation No. 54 of 2007 on the Implementation of Child Adoption to provide a comprehensive legal basis. Strengthening these instruments would ensure that violence by adoptive parents constitutes valid grounds for cancellation while safeguarding the child’s rights to continuous care, protection, and development before and after annulment
American Power in Syria: Ideology, Sovereignty, and Human Rights in the Perspective of International Law
No full textThe Syrian crisis, which began in 2011 and continues to influence global politics, offers a key case for examining American power. This article explores the ideological and discursive foundations of U.S. involvement, situating it within American Exceptionalism and analyzing it through a Foucauldian framework. The study combines a normative legal approach with critical discourse analysis, drawing on primary sources such as the UN Charter, Security Council resolutions, and U.S. policy documents, along with secondary literature and think-tank reports. Findings show that U.S. intervention is framed through narratives of democracy promotion, humanitarian protection, and global security, which serve to legitimize action. Using Foucault’s concepts of power/knowledge, governmentality, and biopolitics, the study demonstrates that the U.S. not only exercises military force but also shapes global perceptions and constructs regimes of truth. From a transnational legal perspective, these actions reveal tensions between sovereignty and humanitarian imperatives and highlight gaps and asymmetries in international law. The article is novel in integrating ideology, sovereignty, and human rights to show how U.S. actions in Syria reshape the interpretation and application of international law
The Implementation of Cash Waqf Linked Deposit by Islamic Banking (Case Study of Bank Muamalat)
Full text linkThe implementation of cash waqf in Indonesia, with a particular focus on Cash Waqf Linked Deposit (CWLD) as the latest Islamic banking product in the country’s Islamic financial sector. The study adopts a normative legal research method and utilizes primary data obtained through an online interview with PT Bank Muamalat Indonesia Tbk. The data is analyzed using a descriptive-qualitative approach. The findings reveal that although the Indonesian Waqf Board estimates the potential of the cash waqf sector at 180 trillion Rupiah, actual realization remains significantly low, with only 2.3 trillion Rupiah collected as of 2023. In response to this gap, the Financial Services Authority (OJK) introduced CWLD in October 2024 as a strategic effort to strengthen Islamic banking and promote greater public participation in cash waqf. PT Bank Muamalat, as Indonesia’s first appointed Islamic Financial Institution to Receive Cash Waqf (LKS-PWU), plans to implement CWLD as part of its new sharia-compliant investment services. As a recently introduced product, CWLD at Bank Muamalat is expected to attract increasing interest from the Indonesian public in the years ahead