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Ulul Albab’s Paradigm Approach to Post-Conventional Legal Culture of Consumers in Indonesia
Full text linkConsumer empowerment in Indonesia, continues to require improvement despite the enactment of Consumer Protection Law Number 8 of 1999, twenty-three years ago. This situation raises questions about why consumer empowerment remains low, its implications for consumer protection, and strategies for reconstruction based on the principles of Ulul Albab. The ulul albab approach to understanding consumer culture and consumer protection in Indonesia emphasizes the importance of integrating knowledge, ethics, and spiritual values. Ulul albab is an Islamic concept referring to individuals who possess deep understanding, wisdom, and critical thinking abilities and who connect rational thought with spiritual awareness. From the ulul albab perspective, consumer culture is viewed not only from a materialistic standpoint or the fulfillment of worldly needs but also from moral and spiritual dimensions. To explore these inquiries, a socio-legal research methodology that integrates sociological, statutory, and conceptual approaches is utilized. Legal materials, including primary, secondary, and tertiary references, contribute to both primary and secondary data. The research findings highlight several critical points. Firstly, the limited empowerment in Indonesia's consumer legal culture is the government's temporary emphasis on consumer education, primarily through socialization. Furthermore, there is a disparity between consumer protection institutions and public, exacerbated by the concentration of LPKSM in urban areas where advocacy often supersedes efforts aimed at empowerment. Secondly, the impact of a weak consumer legal culture on consumer protection is evident in insufficient measures for consumers to safeguard themselves, both preventatively and correctively. Thirdly, the proposed reconstruction of Indonesia's consumer legal culture based on the Ulul Albab paradigm aims to empower consumers through tarbiyah ulul albab, cultivating individuals with comprehensive knowledge, strong moral values, and a robust social conscience
Reinstating the National Guidelines of State Policy within Indonesia's Presidential System: Exploring the Possibilities
Full text linkPlacing the National Guidelines of State Policy (GBHN or PPHN) developed by the People's Consultative Assembly (MPR) as a guiding framework for the President could elevate the MPR above the President, a model practiced in Indonesia from 1945 to 1999. This paper analyzes the fundamental characteristics of a presidential system and assesses the compatibility of PPHN within this framework, proposing a model for codifying PPHN into laws and regulations that align with Indonesia's presidential system. It concludes that the essence of a presidential system lies in the separation of the legislature and executive, which prevents any accountability mechanism that subordinates the President to the legislature. While PPHN can be reinstated within a presidential system, it must not create accountability mechanisms placing the President under the MPR. The most relevant approach is to incorporate PPHN as a law replacing the RPJPN Law, while also establishing checks and balances through the budgetary rights of the House of Representatives
Criminal Liability of Legal Entities Under Law Number 23/010 on the Congo Digital Code
Full text linkThe criminal liability of legal persons under Congolese law is not dismissed in the ordinary way. It is organized in particular by certain legal texts such as Ordinance-Law No. 23-010 of March 13, 2023 on the Congolese digital code. Thus, this study tends to determine, within the framework of this new legal text, the moral persons likely to engage their penal responsibilities, the conditions of bringing into play of this responsibility, the offenses of which the latter can commit, and finally to discuss their repressive regime. In addition to this, as part of this study, we have taken care to make some recommendations or suggestions to the legislator in order to clarify certain obscure points that we have detected in the aforementioned legal text
The Impact of Regulating Inadequate Local Tax Types on Fiscal Independence
Full text linkThis study examines the impact of regional autonomy on fiscal independence, particularly through the ability of local governments to generate revenue without reliance on the central government. Effective governance requires a sustainable budget, and Law Number 1 of 2022 on Financial Relations Between the Central and Local Governments grants local governments the authority to impose taxes. However, the law restricts local governments to collecting only specified types of taxes, which must be established through local regulations (*Perda*), and prohibits the introduction of new tax types. The selection of tax types is contingent upon the existence of tax objects with sufficient potential to contribute to Locally-Generated Revenue (LGR) and enhance fiscal independence. This study aims to analyze the regulation of local tax types for autonomous regions and assess the implications of insufficient tax potential on fiscal decentralization. Utilizing a normative-juridical approach, with legislative, conceptual, and historical perspectives, the findings indicate that inadequate tax objects undermine fiscal decentralization by failing to significantly increase PAD. Consequently, a feasibility study is recommended to assess the potential of local taxes before their inclusion in regional regulations
Constitutional Authority Based on the Constitutional Court Decision in Indonesia
Full text linkThis study examines the developments in the constitutional authority of the Constitutional Court, revealing four distinct advancements based on its decisions. While the Court's rulings are final and binding, this does not preclude further examination. Utilizing normative research methods, the findings highlight four developments in the Court's authority, categorized into three approaches: passive, active, and passive-active methods. Additionally, the study indicates that development efforts have occurred multiple times within the same issue. Therefore, when the Constitutional Court adjudicates cases concerning its authority in the future, it is crucial to consider the limiting factors established by prior decisions and to reflect on the three fundamental characteristics of constitutional interpretation. In the event of any future developments regarding the Constitutional Court's authority, attention to these interpretive principles remains essential
Establishing Regional Regulations for the Protection of Local Wisdom
Full text linkLocal governments are tasked with formulating legislative policies regarding the protection of local wisdom, a necessity in the context of globalization, which is an inescapable phenomenon that can pose challenges, particularly in terms of eroding cultural identity if communities fail to engage with it effectively. Conversely, when communities and local governments respond positively to globalization, it can enhance cultural identity. This paper investigates how local government policies can sustain cultural traditions as integral elements of local wisdom and examines the paradigms guiding local governments in establishing regional regulations for its protection. Utilizing a socio-legal approach, this research was conducted in the city of Pariaman, West Sumatra, employing both primary and secondary data, which were analyzed qualitatively. The findings indicate that a concrete paradigm for the regional government in protecting local wisdom is embodied in regional legislation aimed at safeguarding indigenous culture, representing a definitive agreement toward the ideal concept of protecting local wisdom. The ideal concept, viewed through the lens of substantive values, underscores that the protection of local wisdom in the Pariaman community should be founded on sociological, philosophical, and legal considerations, which serve to prioritize and rank the values inherent in this local wisdom
Redesigning the Management of Indonesian Election Violations Abroad for Quality 2024 Elections
Full text linkThis research examines the management of election violations abroad, a crucial factor in the quality of Indonesia's elections. The rise in such cases during the 2019 general election highlights the need for a robust framework to address these issues in the upcoming 2024 elections. Unlike previous studies, this research focuses on creating an effective design for managing election violations. The findings emphasize the urgent need for effective oversight to ensure order, protect citizens' constitutional rights, and uphold justice. To achieve this, the study recommends increasing the Overseas General Elections Supervisory Committee's membership from three to five, amending key legal provisions, and shifting the law enforcement paradigm from compliance to the internalization of legal compliance. These measures aim to enhance the integrity and effectiveness of Indonesia's electoral process
Disharmony in Sirri Marriage Registration Regulations on Family Cards: A Study of Ministry of Home Affairs Regulation No. 9/2016
Full text linkThe Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 9 of 2016 allows birth certificate applicants without a marriage certificate to be recorded in the Family Card (KK) by submitting a statement of absolute responsibility (SPTJM), labeled as "unregistered marriage." This provision has sparked debate, as it appears to contradict Marriage Law No. 1 of 1974 while aiming to uphold citizens' rights to registration and maintain orderly administration. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on both the marriage certificate and KK aligns with the concept of maqāṣid sharī'ah and the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. However, the disharmony between marriage registration regulations and population administration records reflects Islamic law provisions, as the registration of sirri marriages serves as a database for subsequent mass marriage isbāt, providing a final opportunity to register and legitimize the marriage contract
Transparency in the Plantation Sector: Access to Cultivation Rights Title Documents
Full text linkThis empirical legal research analyzes the implementation of the principle of transparency by the National Land Agency regarding access to cultivation rights title documents in the plantation sector, conducted at the Office of the National Land Agency in Gorontalo District, Gorontalo Province, Indonesia. The findings reveal that the Agency has not effectively implemented the transparency principle as mandated by the Supreme Court in Decision No. 121 K/TUN/2017, primarily because it classifies cultivation right title documents as confidential. This classification leads to the conclusion that public disclosure would violate corporate privacy provisions and applicable regulations. Additionally, the Agency's adherence to professionalism and existing regulations further hinders the accessibility of these documents, highlighting significant challenges in achieving transparency within land governance in the plantation sector
The Implementation of Islamic Principles in Sharia Financial Institutions
Full text linkThis study examines Islamic Financial Institutions (IFI), which are currently experiencing rapid growth across Indonesia, with numerous variations emerging, including various Islamic institutions. Operating in accordance with Islamic law, IFI initially provided an alternative for Muslims seeking to avoid the practices of conventional banks and financial institutions; however, they also serve as viable options for non-Muslims. The study addresses the pressing issue of implementing Islamic principles within IFI and explores the necessary conditions for their application. Employing a normative legal approach with case studies, the research highlights the challenges and frameworks surrounding IFI, concluding that IFI organizers must maintain a clear vision that aligns with Islamic principles to ensure their operations remain true to Islamic tenets