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Enhancing Economic Security through Sharia Fintech Regulation in Indonesia: Strengthening the Sharia Business Ecosystem
Full text linkThe emergence of sharia fintech presents ongoing challenges for the government, particularly as it serves as a key pillar of economic security. Despite its potential, the development of sharia fintech in Indonesia faces numerous regulatory issues that must be addressed. This research is categorized as normative legal research and employs a statutory approach to examine primary legal materials, including laws and regulations relevant to sharia fintech and other financial sectors. The study reveals that the Islamic Economic Master Plan and the Indonesian Islamic Financial Architecture Master Plan fail to adequately represent the institutions and regulations necessary for the growth of sharia fintech as a vital sub-sector of Islamic finance. To strengthen the sharia fintech business ecosystem, it is essential for regulatory authorities to develop regulations that align with industry needs. Enhancing these regulations is anticipated to foster a robust and stable economy, thereby accelerating the advancement of Islamic finance nationally and positioning Indonesia as a financial hub in the Southeast Asian region and beyond
The Conceptualization of Legal Harmonization Approach in Malaysia
Full text linkThe term "harmonization," derived from "harmony," encompasses various meanings. In the context of this discussion, it refers to the willingness and openness to recognize, acknowledge, adopt, or accept elements produced by man-made laws, modern secular traditions, customs, cultures, and institutions that are perceived to align with or not contradict the worldview, principles, values, teachings, and norms of Islam. Therefore, the conceptual approach to harmonizing legal knowledge and education is a process of actualizing divine imperatives within the legal sphere. Legal harmonization is a fundamental concept in comparative law that has gained prominence on both international and national agendas over the past decade. In Malaysia, numerous efforts have been made to identify similarities among legal rules across different jurisdictions; however, these efforts have faced challenges due to a lack of comprehensive understanding regarding the nature and scope of harmonization. This article examines various dimensions of harmonization, treating it as a legal phenomenon rather than merely a process of drafting similar rules. A thorough understanding of harmonization as a legal phenomenon can enhance the evaluation of implementation processes and inform the formulation of new legal initiatives
The Role of the ILO in Resolving Violence Against Indonesian Crew on Fishing Vessels
Full text linkIn response to alarming reports of forced labor among seafarers on fishing boats globally, the International Labor Organization (ILO) established ILO Convention No. 188 in 2007, which sets essential regulations for ensuring safety and protecting crew members from exploitation and injury within the fishing industry. This protection is particularly vital due to instances of violence against Indonesian workers on fishing vessels owned by Chinese and Taiwanese companies, which have tragically resulted in numerous fatalities among Indonesian crew members. This research aims to examine the roles of the ILO and the Government of Indonesia, as the country of origin for many fishing vessel crews, in addressing the violence faced by these workers. Utilizing qualitative research methods, the study gathers information from a variety of relevant sources, including conventions, academic journals, legal texts, and other literature pertinent to the issue. Despite Indonesia having laws that protect migrant workers and having ratified ILO Convention 111 concerning discrimination in employment and occupation, these measures fall short in effectively addressing the problem. Consequently, the ILO's active collaboration with countries worldwide is urgently needed to tackle this global issue and to encourage member states, particularly Indonesia—home to a significant population of fishermen and crew members on foreign vessels—to ratify ILO Convention 188
Symphony and Maintenance of Seized Ships: Experimenting U.S Maritime Court’s Practice in Nigeria
Full text linkMaintaining and managing seized ships is a critical aspect of the maritime industry worldwide. In countries such as the United States, measures are implemented to ensure that seized vessels are adequately managed and maintained during maritime proceedings. In contrast, when a ship is seized in Nigeria, there is often little assurance that the responsible authorities will maintain the vessel efficiently. Therefore, it is essential to investigate the reasons behind this lack of assurance and to identify potential solutions to improve the current state of the country’s maritime sector. This research employs a doctrinal methodology, analyzing statutory provisions and case law to collect data from legal textbooks, journal articles, and various online resources. This paper aims to discuss the circumstances under which states can seize ships, the procedural framework for ship arrest in Nigeria, and the forfeiture of vessels. Additionally, it compares these procedures with practices in the U.S. maritime sector, examines the challenges faced by the Nigerian maritime industry, and offers recommendations for improving ship maintenance. These recommendations include the establishment of a dedicated Maritime or Admiralty Court and the implementation of a bond system by the owners of seized vessels for their release pending the resolution of maritime proceedings, as practiced in the U.S.
Cross border of Jurisdiction between Arbitration and District Court in Business Dispute Settlement under the Indonesian Legal System
Full text linkIn Indonesia, the resolution of business disputes can be pursued through amicable means, either via the court system or alternative methods. Court proceedings often entail prolonged durations, which can significantly increase overall case costs compared to out-of-court dispute resolution options. Among these alternatives, arbitration stands out as a preferred method due to its adjudicative nature, akin to court proceedings, and its advantages over mediation, conciliation, and negotiation. Arbitration is frequently perceived as more effective and efficient, facilitating win-win solutions for disputing parties. Within the Indonesian legal framework, arbitration closely resembles court procedures for dispute resolution, with its awards holding equivalent binding authority and enforceability. This article employs secondary data analyzed through a qualitative-juridical methodology to investigate the jurisdictions of district courts and arbitration. The findings indicate that arbitration assumes absolute jurisdiction in the presence of an arbitration clause or an underlying arbitration agreement, thereby precluding the jurisdiction of the district court
The Basis of Constitutional Adjudication in Germany
Full text linkThe Federal Constitutional Court of Germany plays a pivotal role in upholding judicial independence by safeguarding human rights within the framework of the Basic Law. A comprehensive analysis of the Court's jurisdiction reveals that its primary function is interpretation, particularly concerning the rights and obligations of the supreme federal authority and the citizens entitled to fundamental rights under the Basic Law. In addition to interpretation, the Court engages in abstract judicial review, constitutional complaints, and concrete judicial review, all of which hinge on its interpretation of human dignity and its supremacy. The challenges arise when human dignity, as a constitutional principle, is invoked to resolve economic, social, and political disputes within Germany and the broader context of the European Union. This research employs a qualitative methodology, drawing on literature that recognizes human dignity as a supreme yet not absolute principle
Hearsay Evidence Admissibility: Due Process and Evidentiary Rules in Muslim Marriage Legalization (Isbat nikah)
Full text linkThe validity of hearsay evidence remains a contentious issue in Indonesian civil procedural law, resulting in inconsistent judicial decisions regarding religious civil cases reliant on "hearsay witnesses." For instance, the Samarinda Religious Court accepted hearsay evidence in a marriage legalization case, while the Samarinda Religious High Court rejected it, citing the unsuitability of hearsay in contentious matters. This paper analyzes the judges' reasoning in these decisions to assess whether their considerations align with appropriate legal arguments and the principles of justice and legal certainty. Findings reveal that the Samarinda Religious Court's acceptance was based on exceptional circumstances surrounding the marriage event, whereas the High Court's rejection lacked clear legal justification. The evolving jurisprudence of procedural law in Indonesia offers opportunities to refine the application of hearsay evidence, ultimately enhancing the pursuit of justice and legal certainty for litigants
Prisma Application as a Measuring Instrument of Corporate Obligations to Respect Human Rights
Full text linkThe obligation of corporations to uphold human rights is a legal duty, as articulated in the UN Framework Protect, Respect, and Remedy on Business and Human Rights, which, while not a binding convention, is recognized as a source of customary international law due to widespread adherence among nations. This paper will focus on how states implement this resolution and ensure corporate compliance rather than discussing the UN resolution itself. In September 2014, Indonesia introduced the draft National Action Plan (NAP) for Business and Human Rights, which has yet to be legislated. However, the government has enacted policies to ensure that corporations respect human rights in their operations. In 2021, the Ministry of Law and Human Rights launched the PRISMA application (Business Risk Assessment and Human Rights) to help corporations assess potential human rights violations in their activities. This article aims to evaluate whether PRISMA can effectively measure the state’s duty to protect and corporate compliance with human rights from a due diligence perspective
Legal Status and Protection for Women Human Rights Defenders in Indonesia
Full text linkThe term "Human Rights Defenders" (Pembela HAM in Indonesia) refers to individuals or groups dedicated to defending and promoting human rights and fundamental freedoms. In their efforts, human rights defenders frequently encounter verbal threats, attacks, and even physical violence that significantly hinder their activities. Women human rights defenders play a crucial role in human rights activism; however, they are particularly vulnerable due to their gender. Their bodies, sexuality, and identities are often violently targeted, with gender stereotypes being exploited to justify these attacks. Despite this vulnerability, women human rights defenders in Indonesia lack adequate protection. This paper utilizes a normative analytical descriptive research method to explore the unique challenges faced by women human rights defenders as a vulnerable group and to examine the existing protective norms. The Indonesian government has an obligation, under current legal frameworks, to ensure the protection of women human rights defenders, taking into account their specific vulnerabilities
The Legal Politics Harmonization of Sustainable Agricultural Policy
Full text linkSustainable agriculture represents a forward-looking legal policy aimed at preserving agricultural practices for future generations. Challenges arise when various laws and regulations governing sustainable agricultural policies exhibit disharmony, despite their substantial interconnections. This study seeks to advocate for the legal harmonization of sustainable agricultural policies. Employing a normative legal research methodology, this research focuses on analyzing legal issues to develop prescriptive legal solutions for the identified problems. The study utilizes both a statutory approach and a conceptual approach. The findings indicate that the disharmony among sustainable agricultural law policies across various regulations in Indonesia necessitates legal harmonization in the planning, formulation, and evaluation of legislation. Future improvements to the legal framework for sustainable agriculture in Indonesia can be achieved by harmonizing legal policies related to sustainable agriculture, particularly through the revision of Government Regulation (PP) No. 12 of 2021 to include sustainable agriculture as a core regulatory component