Desi Syamsiah
Fakultas Hukum, Universitas Surakarta, Surakarta, Indonesia

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COMPARATIVE TRANSLATORY ON THE SYARIAH AND CONVENTIONAL CONTRACT LEGAL SYSTEMS: INDONESIA'S PERSPECTIVES Susilowardani; Desi Syamsiah; Asri Agustiwi; Dara Pustika Sukma
JOURNAL OF LAW AND NATION Vol. 3 No. 2 (2024): In Press Mei
Publisher : INTELIGENSIA MEDIA

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Abstract

The study aims to conduct a comparative study of the Shariah and conventional contractual legal systems from an Indonesian perspective. In the context of Indonesia, the Sharia law system is based on the principles of Islamic Shariah, while the conventional legal system is founded on the general principles that apply in the country. The method of research carried out is the study of literature by searching for literature that fits the context of research. The research shows that the Sharia law system emphasizes the principles of Shariah, such as the prohibition of interests and charges, and encourages dispute settlement through arbitration and arbitrations mechanisms. On the other hand, conventional legal systems are more flexible and focus on commercial aspects in the execution of contracts, using common dispute resolution mechanism, like courts, mediation, or negotiations. Although the Sharia law system provides special legal protection for the parties involved in a Sharia contract, the conventional legal system provides general legal protection to all parties engaged in a contract.
GENDER JUSTICE DYNAMICS WITHIN THE FRAMEWORK OF ISLAMIC LAW: AN IN-DEPTH EXPLORATION OF CRITICAL TRENDS IN RECENT VERDICTS FROM RELIGIOUS COURTS Nana Suryapermana; Muhammadong Muhammadong; Shohib Muslim; Asri Agustiwi; Desi Syamsiah
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 1 (2024): JANUARY
Publisher : Adisam Publisher

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This paper undertakes a comprehensive exploration of gender justice dynamics within the framework of Islamic law, focusing on critical trends in recent verdicts from religious courts. Drawing upon a multidisciplinary approach, the study navigates through the historical, theoretical, and contemporary dimensions of gender justice, shedding light on the evolving interpretations and applications of Islamic legal principles. Case studies of significant recent verdicts offer in-depth analyses, unraveling the legal reasoning and broader implications for gender justice within diverse cultural contexts. The synthesis of findings provides a nuanced understanding of the complexities inherent in pursuing gender justice within the multifaceted landscape of Islamic law. This research contributes to academic discourse and offers insights for policymakers, practitioners, and scholars engaged in fostering equitable legal frameworks.
MULTIDIMENSIONAL PERSPECTIVES ON THE LEGAL SYSTEM AND JUSTICE IN INDONESIA: A CRITICAL ANALYSIS OF THE INTERPLAY BETWEEN LEGAL NORMS, JUDICIAL PRACTICES, AND SOCIO-ECONOMIC FACTORS IN ACHIEVING SUBSTANTIVE JUSTICE Susilowardani Susilowardani; Dara Pustika Sukma; Desi Syamsiah; Febri Atikawati Wiseno Putri; Asri Agustiwi
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 1 (2024): JANUARY
Publisher : Adisam Publisher

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This research delves into the multidimensional facets of the Indonesian legal system, employing a critical lens to dissect the intricate interplay between legal norms, judicial practices, and socio-economic factors in the pursuit of substantive justice. The study aims to unravel the complexities inherent in translating legal principles into practical application, scrutinizing the challenges within the judiciary that may impede the realization of justice. Furthermore, the research investigates the profound influence of socioeconomic factors on access to justice, shedding light on disparities that can significantly impact legal outcomes. By examining the dynamic intersectionality of legal norms, judicial practices, and socio-economic dynamics, this study contributes to a nuanced understanding of the Indonesian legal landscape. The findings of this research carry significant implications for the future trajectory of the legal system in Indonesia. Identifying challenges within the judiciary, such as systemic inefficiencies and regional variations, informs potential areas for reform. Moreover, exploring socio-economic factors underscores the need for targeted interventions to bridge gaps in legal representation and enhance the accessibility of justice. In conclusion, this study provides valuable insights into the multifaceted dimensions of the Indonesian legal system and lays the groundwork for recommendations to foster a more effective, transparent, and equitable legal environment.
CONSTITUTIONAL CONUNDRUM: AGE ELIGIBILITY DILEMMAS AND THE DYNAMICS OF POLITICAL LEADERSHIP IN CONTEMPORARY INDONESIA Shohib Muslim; Asri Agustiwi; Desi Syamsiah; Arga Baskara; Febri Atikawati Wiseno Putri
INTERNATIONAL JOURNAL OF SOCIETY REVIEWS Vol. 2 No. 3 (2024): MARCH
Publisher : Adisam Publisher

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This exhaustive study thoroughly examines the constitutional intricacies surrounding age eligibility criteria for political leadership in contemporary Indonesia. Through an in-depth literature review and comprehensive analysis, this research probes the multifaceted dimensions of the Constitutional Court's decisions, particularly in high-profile cases involving figures such as Gibran Rakabuming Raka and Prabowo Subianto. The exploration extends beyond legal perspectives to encompass the challenges confronted by the court and the broader implications of these rulings on the landscape of political leadership. By unraveling the complex interplay between legal doctrines, societal expectations, and democratic principles, the study contributes significantly to a nuanced understanding of how age-related criteria intersect with leadership attributes and shape public perception. As Indonesia stands at the crossroads of tradition and modernity, grappling with these constitutional dilemmas, the outcomes not only carry substantial implications for the nation itself but also furnish invaluable insights into the evolving dynamics of democracy within the global context.