FIAT JUSTISIA
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Islamic Family Law Review of Contemporary Dowry: Case Study of Mosque Dowry in Indonesian Artist Marriages
No full textThe phenomenon of mosque dowry in Indonesian celebrity marriages, with the aim of exploring its validity according to Islamic family law. Dowry, as an essential component in marriage and a symbol of appreciation, has evolved in form, giving rise to mosque dowry, which raises significant questions regarding its legal status. This study uses a case study method with data sources from Islamic scholars' books, interviews with experts, and social media; this study found that mosques must have waqf status, making them unable to be traded, donated, or inherited. This finding is consistent with the legal principle of dowry agreed upon by most scholars of the four schools of thought, namely that the dowry must be in the form of objects that can be traded. Therefore, the mosque dowry is declared invalid. This conclusion is also in line with the opinion of the Chairman of the Fatwa Commission of the Indonesian Ulema Council of East Java, who emphasized the invalidity of the mosque dowry so that the consequence is the obligation to pay a mitsli dowry. However, the marriage remains valid because scholars argue that the dowry is not a condition or pillar of marriage. This study provides critical insight into the implementation of waqf law and Islamic family law in the context of contemporary marriage practices in Indonesia
Challenging Impunity: Colombia and Nicaragua's Intervention in the Israeli Genocide Case at the ICJ
Full text linkIn 2023, Colombia and Nicaragua intervened in cases where Israel was accused of genocide. These interventions challenge the principle of impunity often enjoyed by powerful states. Colombia and Nicaragua have taken a stand against perceived injustices and sought to influence the course of the international legal process. This research used normative research methods, namely international law literature, legal documents, and previous ICJ decisions. This article analyzed the legal basis of the intervention and its impact on international law enforcement efforts related to genocide. This analysis is expected to contribute to the ongoing discussion in international law, particularly regarding state responsibility for the crime of genocide. This case challenges the practice of impunity in international law, particularly in relation to state actions deemed to violate human rights on a mass scale. This research also contributes to our understanding of the role of the ICJ in dealing with allegations of genocide, as well as the importance of small and medium-sized state interventions in fighting for international justice
The Right to Manage Emergent Land on the Riverbank
Full text linkManagement rights over emergent land on the banks of the Batanghari River Watershed in Penyengat Rendah District, Jambi City have been practiced by the local community for generations without formal ownership as of this study. This article examines the legality of land tenure under Indonesian law and the rights to manage land emerging along the Batanghari riverbanks, aiming to advise the local government on the crucial need for legal recognition of these rights. Utilizing an empirical research method involving direct community engagement, the study finds that community management of this land is driven by longstanding residency and utilization, the scarcity of available land for agriculture in Jambi City supporting the local economy, high land prices, and historical reliance on riverbank land use. Despite continuous management, these activities lack permanent legal status as outlined in Article 16, Paragraph (1) of the Basic Agrarian Law
The Theory of Fairness with Integrity in Indonesia’s Electoral Justice System
Full text linkThis paper describes the concept of a fairness theory of justice with integrity applied in elections in Indonesia, drawing on the transformation of John Rawls' fairness theory. This theory is employed to examine various components of the electoral legal framework, focusing on the technical implementation of elections and the resolution of electoral disputes to achieve electoral justice in Indonesia. The research utilizes normative legal methodology, characterized by dogmatic legal analysis and theoretical-rational reasoning, employing a logical-deductive approach. It constructs the facts of electoral justice through an extensive review of legal literature and relevant data sources concerning the electoral process in Indonesia. The study addresses electoral practices as instruments of popular sovereignty, highlighting dissatisfaction among stakeholders regarding the election process. The theoretical variables associated with fairness with integrity are critically analyzed for their applicability in fostering electoral justice in Indonesia, emphasizing that a fundamental aim of electoral law enforcement is to ensure the realization of electoral justice
Anti-Corruption Village: A Solution to Preventing Crime of Corruption and Good Governance in Village
Full text linkAnti-corruption village is a concrete manifestation of community participation in preventing criminal acts of corruption. Therefore, this research aimed to eradicate corruption in Indonesia from village level serving as an important indicator and responsible for large amounts of funds. By establishing anti-corruption village, funds were more accountable for optimal development. Meanwhile, doctrinal legal research using primary, secondary, and tertiary legal materials was adopted with statute, conceptual, comparative, and futuristic methods. A descriptive-prescriptive nature was used with the examination of the data or materials through content analysis. The results showed that anti-corruption village program initiated by Corruption Eradication Commission (KPK) disseminated the importance of building integrity and anti-corruption values among government and village community. Additionally, this program functioned as a pilot project to prevent corruption and oversee the development of village community
Identifying the Prophetic Legal Ethos in the Death Penalty Provisions of the Indonesian Criminal Code
Full text linkAmid the ongoing controversy surrounding the drafting process of the Indonesian Criminal Code, particularly with respect to the provisions on the death penalty, this study seeks to explore the ethos or spirit of prophetic law through a philosophical examination of these regulations. This research employs a normative legal methodology, utilizing both statutory and conceptual approaches. The concepts of humanization, liberation, and transcendence serve as foundational elements of the philosophical framework of prophetic law, which coherently and sequentially aligns with the structures of ontology, epistemology, and axiology. These concepts are employed as benchmarks to identify the prophetic legal ethos embedded within the death penalty provisions of the Indonesian Criminal Code. Essentially, the arrangements pertaining to the death penalty are positioned as instruments for societal education. If a convict sentenced to death demonstrates genuine remorse and makes efforts toward rehabilitation, the imposition of the death penalty may be reconsidered in favor of life imprisonment. This perspective aligns with the principles articulated in QS. Al Maidah (5:38–39), which emphasize that punishment is intended for self-improvement. Should the convict exhibit remorse prior to execution, it reflects the understanding that Allah is the Most Forgiving. This approach underscores a legal philosophy that prioritizes the substantive and soulful dimensions of law, rooted in the prophetic legal ethos of humanization, liberation, and transcendence
Determining Temporary Rates for Hospital Health Care Services: An Affirmative Policy Approach
Full text linkThis research examines the enforcement of the Hospital Director's decision regarding temporary service rates and the authority of the temporary regent to establish these rates within the hospital setting. Employing a normative legal research methodology, the study utilizes both statutory and case approaches at the Regional General Hospital dr. H. Bob Bazar, SKM, in South Lampung Regency, and analyzes the findings descriptively and analytically. The results indicate that the Hospital Director's decision concerning the determination of temporary tariffs is valid until a regional head regulation is issued. In cases where the regional head is unable to fulfill their duties, the temporary regional head is empowered by the Regional Government Law to implement policies related to hospital rates. These actions taken by hospital directors and temporary regional heads are considered affirmative policies aimed at serving the community. However, it is crucial to impose limits on this authority, as legislative approval is necessary to impose costs on the public
Neglecting Transparency in the Qur'an Recitation Test for Legislative Candidates in Aceh
Full text linkThis research examines the neglect of the principle of transparency in Qur'an literacy tests for legislative candidates in Aceh, which has hindered voters from making informed decisions. It explores two key questions: What forms does the neglect of transparency take in the Qur'an literacy test for legislative candidates in Aceh? And what are the causes and impacts of this neglect? The findings reveal that the neglect of transparency occurs in two primary forms: first, the establishment of subjective score standards, and second, the refusal of the Independent Electoral Commission (KIP) Aceh to publicly announce the test results. This issue arises from the absence of regulatory mechanisms that would require KIP Aceh to disclose the test outcomes and from the closed process by which the score standards are determined in collaboration with the Qur'an Reading Test Team. The impact of this neglect is the limited public access to vital information needed to elect legislators with religious competence, a quality of significant importance in Aceh, where religious knowledge plays a key role in qualifying individuals for public office
Integrating Social Rehabilitation into the Education System for Adolescent Drug Addicts: Legal Framework, Potential, and Challenges
Full text linkDespite importance of education in overcoming drug addiction, the connection between the education system and the juvenile justice system remains unclear. Juvenile drug addicts often experience socially-disadvantaged situation, thereby social rehabilitation is an important aspect of recovery aside from medical rehabilitation. This research was performed to identify the challenges in social reintegration among juvenile drug addicts, describe the legal interplay between the relevant framework, and propose a model of legal development for the integration of social rehabilitation for juvenile drug addicts into the education system. Using normative legal research method and statutory approach, this research revealed numerous potentials and challenges in integrating social rehabilitation into the education system. A model consisting of normative reforms and practical framework of works is proposed to be applied by educational institutions and relevant government agencies. This research offers a vital step toward creating inclusive educational environments that prevent relapse and foster societal integration
Oligarchic Hegemony in Elections: A Criminal Offense Undermining Integrity and Threatening Democracy in Indonesia
Full text linkThe election of the President and Vice President serves as a fundamental pillar of democracy and a crucial moment in the democratic process in Indonesia. However, in recent decades, the hegemony of oligarchs has posed a significant threat to the fairness and integrity of the electoral system. Oligarchs, wielding substantial power and influence, frequently manipulate the electoral process for personal and group interests, often resorting to criminal activities such as bribery, political intimidation, and the misuse of state resources. These actions undermine the legitimacy of elections and erode public trust in the democratic process. This research seeks to analyze the methods employed by oligarchs in the presidential election as criminal acts that damage the integrity of the electoral process in Indonesia. Using a normative legal approach, this research examines various written sources, including books, journals, and empirical data from past elections. The findings reveal a consistent pattern of legal violations by oligarchs that significantly compromise the electoral process. Based on these findings, the research recommends reforms aimed at strengthening the enforcement of criminal laws related to elections and enhancing the capacity of electoral oversight institutions to prevent oligarchic interference. These reforms are crucial for preserving an inclusive and fair democracy in Indonesia