Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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Bankruptcy Indicator Frameworks Used In Cross-Country Reviews (Indonesia – Russia Bankruptcy Law)
Full text linkThe differences and similarities in the legal frameworks of Cross-country will shed light on the effectiveness of their respective bankruptcy systems. This research employs a comparative analysis of bankruptcy laws in Indonesia and Russia, with a focus on determining debtor bankruptcy indicators. The methodology comprises qualitative research using normative and empirical juridical approaches to analyze bankruptcy laws in Indonesia and Russia, focusing on determining debtor bankruptcy indicators. Indonesian law focuses on debtors\u27 ability to pay using default lawsuits. In contrast, Russian law traditionally uses the impossibility of payment as a benchmark for insolvency and focuses on meeting creditors\u27 claims. Key indicators of debtor bankruptcy in Indonesia include the inability to fully satisfy creditors\u27 claims and meet mandatory payments. This emphasis on financial obligations plays a critical role in determining insolvency in Indonesian bankruptcy law
ILO Convenstions and Migrant Workers: Construction of Protection in National Labor Law
Full text linkThe International Labor Organization has clearly regulated that human rights such as the right to work must be upheld and guaranteed. Therefore, no one should be prevented from working to meet their needs, whether domestically or abroad. The most crucial factor is the state\u27s ability to safeguard its inhabitants, particularly those who work overseas, so that they can be treated with the respect and dignity befitting human beings. The private sector, represented by PTKIS, is given broad responsibilities by Law Number 18 of 2017 concerning the placement and protection of Indonesian workers abroad. However, Chapter VI of the law provides protection only during placement and does not include a comprehensive protection system. This study employs normative legal research using both a concept and statutory approaches. The study concludes that significant changes are required, including giving the government more authority to place and protect migrant workers. Up to now, there has been no clear definition of the extent or boundaries of this authority. It remains challenging to apply the development of legal frameworks and protections for migrant workers in line with the labour rights principles outlined in the ILO convention on the protection of all migratory workers to the issues encountered by workers overseas. The protection of migrant workers is frequently implemented in a fragmented and unsustainable way
Registration of Marriage as Fulfillment of Marriage Requirements According to Islamic Principles
Full text linkMarriage registration plays a central role in regulating marital relations and has a significant impact on the rights and obligations of married couples. However, there are still those who view marriage registration as merely a state document without a clear textual basis, leading to the prevalence of unregistered marriages in Indonesia. This research aims to analyze the urgency and implications of marriage registration in the context of Islamic law. The research adopts a library-based approach. The findings indicate that marriage registration under Islamic law carries significant implications. Apart from providing legal validity to the husband and wife bond, marriage registration also plays an important role in protecting the marital rights of each individual, including inheritance rights, maintenance and other rights. It was found that marriage registration not only prevents potential future disputes through clarifying marital status, but can also be considered as fulfilling the conditions for marriage in accordance with Islamic principles. Furthermore, the confirms that marriage registration makes a positive contribution to social order in Islamic society, makes it easier to regulate and monitor marital relations and maintain morality and ethics in family institutions. Therefore, this research supports the importance of marriage registration within the framework of Islamic law as a solid foundation for maintaining justice, order and prosperity within marriage
Special Intellectual Property Protection for Traditional Cultural Expressions: Rectifying Broad Legal Approaches
Full text linkThe legal protection of cultural diversity within the context of Traditional Cultural Expressions (TCEs) is not governed by specific legislation, which can significantly hinder the protection and validity of cultural expressions. Utilizing normative legal research methods, this study aims to conduct a comprehensive analysis of the urgency of establishing a specialized legal regime that recognizes and safeguards TCEs as a unique form of communal intellectual property. The analysis supported with a statutory approach indicates that there is a strong urgency to form this specialized legal regime, highlighting normative conflicts in existing regulations. The analysis also outlines how the formation of this regime can be accomplished by referring to a comprehensive normative framework and considering the unique elements that constitute TCEs. The research findings show that existing regulations have not been able to provide adequate protection for TCEs, especially in the context of the Industrial Revolution 4.0, which demands more comprehensive protection, particularly in the digital realm. Therefore, the establishment of this specialized legal regime becomes a crucial step in addressing new challenges in the era of Industrial Revolution 4.0
Rethinking Indonesian Anti-Money Laundering Laws in the Age of Online Gaming Economies
Full text linkIndonesia’s Anti-Money Laundering (AML) laws were originally designed to combat traditional financial crimes; however, the rise of virtual items in online gaming economies presents new challenges. This study aims to assess whether the current legal framework is equipped to address the use of virtual items in money laundering activities. Utilizing a normative legal research method and a statutory approach, the research draws on secondary data from Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, sourced from Indonesian legal databases. The data are analyzed descriptively to evaluate their relevance to digital economies. The findings reveal that while the AML Law provides a basic framework, it requires further development to specifically address the role of virtual assets and gaming platforms in money laundering. This study proposes legal reforms, including clearer definitions of virtual assets and amendments to impose liability on gaming developers, with the aim of enhancing Indonesia\u27s regulatory framework to address emerging threats
Leadership and the Money Politics Trap in Islamic Legal Thought: A Case Study of Indonesia as a Muslim-Majority Country
Full text linkThis study aims to evaluate the attitudes of leaders shaped after being trapped in the practice of money politics by voters in general elections based on Islamic law. This context tends to be overlooked by previous studies discussing the issue of money politics in elections. In addition to responding to the shortcomings of previous studies, this study also focuses on evaluating the characteristics and implications of money politics in shaping leaders\u27 attitudes post-election based on Islamic law. This study employs a qualitative descriptive approach based on Islamic law to explore the characteristics, factors, and implications of money politics on leaders\u27 attitudes post-election. The findings of this study reveal three important contexts regarding the characteristics of money politics in elections in Indonesia that contradict Islamic law. First, the practice of money politics in elections often appears in the form of cash payments, digital money, and the provision of projects with political aims. Second, money politics practiced in elections is frequently influenced by structural, cultural, and infrastructural factors oriented towards transactional politics. Third, the money politics conducted by actors in the elections has shaped opportunistic, pragmatic, and even corrupt attitudes among leaders post-election
Whole of Government: An Effective Strategy for Ensuring Child Support Post-Religious Court Rulings
Full text linkAlthough parental responsibility in providing child support was determined by a religious court, many parents have simply ignored the specific level of obligation until such time that any debt had been declared satisfied on behalf of indebtedness once accrued — i.e., when they are no longer able to fulfill weekly financial \u27honey-do lists\u27. Religious courts have no binding force, and cannot enforce him fulfill his obligations as a parent. This is largely because religious court decisions do not carry the force of law and cannot be enforced against those who disregard them. But the fact that one can bear to pay child support after a court decision should not be neglected and effective mechanisms must help each kid, especially those divorced. This research aims to evaluate how well the \u27Whole of Government Response\u27 strategy works in securing post-divorce child support, using a qualitative, normative juridical approach based on secondary data. The study results conclude that a "Whole of Government" approach is feasible and may offer substantial potential to address problems associated with neglected child support post-divorce. Co-responsibility of ministries and agencies to carry out child support. This is a very important thing, considering that the life of children has now become more popular by government attention also in RPJMN 2020-2024 there are policies on improvements for unsurpassed quality of living for good to implement based multi dimensional multicultural sustainability and natural geography. This research aims to evaluate how well the \u27Whole of Government Response\u27 strategy works in securing post-divorce child support
Credit or Financing Analysis in Banking Institutions in the Perspective of Qiyas
Full text linkBanks, including Islamic banks, prioritize caution when lending money by using credit analysis methods like the 5C and 7P frameworks. Before approving a loan or financing request, banks assess applicants to minimize the chance of defaults. Questions arise regarding the law of credit analysis in banks from the perspective of the Qur’an, which is the source of Islamic economic law. This research is qualitative research with a normative juridical approach by examining legal verses in the Qur’an and linking them to qiyas. The research results show that verse 5 and 6 of the an-Nisa contain a prohibition on handing over assets to people who are not competent to manage them and contain orders to carry out tests before handing over a funds. \u27The law contained in the condition is that in the case of incompetence in managing funds, testing is required before handing over the funds. Overall, the study concludes that credit analysis practices in banks align well with these principles, making them not only advisable but also encouraged under Islamic law
Mapping Constitutional Law Studies Through Bibliometrics (2005–2024): Challenges and Opportunities
Full text linkThis study seeks to explore and analyze constitutional law research published in the Scopus database over the past two decades, from 2005 to 2024. Using bibliometric analysis combined with VOSviewer software, it examines trends, patterns, and developments in the field during this time frame. The findings reveal that constitutional law studies published over the last two decades have yet to provide a comprehensive contribution. Based on these findings, the study highlights the need for constitutional law research that focuses on the adaptation and transformation of legal orientations in the era of globalization, both conceptually and in practical application. By addressing these processes, future challenges in constitutional law can be more effectively managed, paving the way for a more progressive legal system. The study underscores the importance of bold and forward-thinking constitutional law research that tackles fundamental issues and offers transformative solutions for the governance of national legal systems
Indonesian Crimmigration Law: Critics of Immigration’s Law Enforcement Towards Illegal Expatriate Workers as The Impacts of Pro-Investment Policy
Full text linkThis study examines the characteristics of Crimmigration law in Indonesia and the use of the concept of law enforcement towards illegal foreign labor. This research is doctrinal research using inductive-deductive logic using library materials. The data was then analyzed using qualitative methods. The results showed that First, the characteristics of Crimmigration Law in Indonesia, can be seen from the selective policy used to select the foreigners who will enter into Indonesian Authority and the penal sanction which rooted in the Immigration regulations and Indonesian Law. The end of law enforcement toward the defendant is imprisonment and deportation. Second, the implementation of the Crimmigration law toward illegal foreign workers in Indonesia only uses immigration regulation without regard to labor regulations. Third, the enforcement-only focuses on residential permit abuse and sentencing for minimum punishment, not the working permit or doing an illegal activity such as illegal labor. Hence, critics emerge to urge the legal review of the related regulation with Crimmigration to achieve the main purpose of the law itself, law must be the first indicator to control people’s behavior as an Allien in foreign and the possible offenses threats can be reduced significantly