International Journal of Law Reconstruction
FOCUS The focus of International Journal of Law Reconstruction (IJLR) is to provide scientific Law article based on themes that developed in attendance through the article publications, research reports, and book reviews. SCOPE International Journal of Law Reconstruction (IJLR) specializing in the study of Law Studies, and intended to communicate about original research and current issues on the subject. International Journal of Law Reconstruction (IJLR) is open to contributions .
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<![CDATA[THE ROLE OF INDONESIAN ARMY (TNI) IN REDUCING THE 2001’S SAMPIT CONFLICT AS NATIONAL DEFENSE ]]>
<![CDATA[Antonius Widodo]]>;
<![CDATA[Muhammad Hadianto]]>;
<![CDATA[Joni Widjayanto]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.20997
<![CDATA[The Sampit conflict that occurred in Sampit City, Kota Waringin Timur Regency (Kotim) between the Dayak and Madurese ethnic groups was an event that affected security stability in Indonesia. The purpose of writing in this study is to find out and analyze the role of the TNI in resolving the Ethnic Dayak and Ethnic Madurese conflicts in Sampit City, Kotim Regency as the implementation of national security as a form of safeguarding national security stability from foreign and domestic threats. The approach method used in this study was a normative juridical approach. The results of the research, among others, are that the factors that are the main causes of the conflict between the ethnic Dayak and the ethnic Madurese include cultural factors, social inequality factors and political factors. The role of the Indonesian Army (TNI) in the context of implementing national resilience in resolving the ethnic Dayak and Madurese conflicts in Sampit City, Kotim Regency is carried out by contributing to regional security providing positive benefits for conflict peace in relation to efforts to create a peaceful situation in Sampit City, Kotim Regency.]]>
<![CDATA[COVID-19 AND CHILDREN’S CONCERNS IN LAW: ADOPTING A STRATEGIC VISION FOR GLOBAL RECONSTRUCTION AND ACCOUNTABILITY ]]>
<![CDATA[Aderonke Esther Adegbite]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.19589
<![CDATA[This paper aims to explain why it is necessary for requisite bodies to be guided by over aching principles that rely on objective data, measures and various precedents. As at March 2020, over 50 (fifty) prominent organizations on the universal database were responding to the impact of Covid-19 on children. Without a strategic plan for global reconstruction and accountability, these bodies run the risk of being overwhelmed. This paper is qualitative; it examines contents and laws of both local and international authorities, then attempts to describe what a child related strategy for Covid-19 Pandemic entails. The initial activities should be at least to eradicate channels through which children get infected and die of the virus. The second is to reduce the negative socio economic effects of the virus and then the last process of streamlining current measures with existing efforts on Sustainable Development Goals. This last procedure covers activities that can accelerate the realization of the SDG 2030, despite the pandemic. That is where actions are subject to contemporary notions for inclusive development, equitable humanitarian intervention plans, and respect for the rights of children. At this period special attention should be on the impact of the Pandemic on vulnerable persons and low income nations.]]>
<![CDATA[THE LEGAL CERTAINTY OF LAND OWNERSHIP RIGHT IN REGISTRATION’S CONTEXT ]]>
<![CDATA[Christiana Sri Murni]]>;
<![CDATA[Bernadus Basa Kelen]]>;
<![CDATA[Sumirahayu Sulaiman]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.16422
<![CDATA[The aims of this research is to know that certificate as a letter of evidence that is valid as strong evidence regarding the physical data and juridical data contained in it, as long as the physical data and juridical data are in accordance with the data contained in the letter of measurement and the book of land rights in question. But in reality, the certificate can still be sued by the subject of the right who feels he has the right to the land. This research used a normative legal research with qualitative descriptive data analysis. Based on the results of the study indicate that land registration activities include the collection and processing of physical data, proof of rights, bookkeeping, and issuance of certificates. With the issuance of a certificate of land rights, the owner has legal certainty and legal protection. However, in reality, land rights certificates can be sued in court. This shows the existence of legal uncertainty, because at any time the rights subject who feels he has a right or feels that his rights have been violated by another party can file a lawsuit against another party whose name has been registered in a certificate.]]>
<![CDATA[THE DOCUMENTS REQUIREMENTS FOR EMPLOYING FOREIGN WORKERS: IMPACT ON LOCAL WORKERS IN INDONESIA ]]>
<![CDATA[Siti Hajati Hoesin]]>;
<![CDATA[Fitriana Fitriana]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.18413
<![CDATA[This research aims to describe the changes in the provisions on the employment of foreign workers in Indonesia. In order to create job opportunities, through Act No. 11 of 2020 on Job Creation, there is a simplification of the requirements for foreign workers. It is different from the previous one based on Act No. 13 of 2003 on Manpower, which the employment of foreign workers is an exception with certain conditions. This research used a normative juridical method with a statutory approach, it can be concluded that the provisions under Act No. 11 of 2020 on Job Creation which only requires the endorsement of Foreign Workers Utilization Plan to employ foreign workers, make it easier for foreign people to work in Indonesia. As a result, there is intense competition between foreign and local workers. The government is responsible for fulfilling the rights of citizens to obtain work, lest the simplification of foreign workers requirements to work in Indonesia causing violations of the human rights of citizens. Therefore, it is necessary to strive so that local workers are not excluded from foreign workers.]]>
<![CDATA[THE RECONSTRUCTION OF VALUES IN HANDLING TERRORISM BASED ON PANCASILA ]]>
<![CDATA[Bahtiyar Efendi]]>;
<![CDATA[Anis Mashdurohatun]]>;
<![CDATA[Sri Endah Wahyuningsih]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.21017
<![CDATA[The purpose of the research is to find out and examine the reconstruction of terrorism prevention policies in the digitalization era that is oriented towards Pancasila justice. The approach method used a normative juridical approach. The results of the research that show that the legal reconstruction is carried out by adding special counter-terrorism efforts, namely in the form of observation, supervision and control of all forms of activities related to terrorism, both from outside and from within the country. Then added efforts in the form of early supervision of the terrorism movement through digital technology as well as conducting international cooperation related to the prevention and eradication of terrorism, for this reason it is necessary to reconstruct the Prevention of Terrorism Crimes and the Protection of Investigators, Public Prosecutors, Judges, and Correctional Officers, then reconstruction of Protection For Investigators, Public Prosecutors, Judges, and Correctional Officers, the contribution of the research is expected to reconstruct policies for handling terrorism crimes based on the value of justice so that they are expected to be able to provide a renewal of thought in the theory of preventing and handling terrorism crimes through the thought of preventing terrorism crimes.]]>
<![CDATA[THE FRAUD OF BANKING REVIEW IN LEGAL PERSPECTIVE ]]>
<![CDATA[Novi Angga Safitri]]>;
<![CDATA[Jefry Tarantang]]>;
<![CDATA[Rahmad Kurniawan]]>;
<![CDATA[Tri Anshari Muharrami]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.20424
<![CDATA[The fraud is one of the things that can be done by someone, from the mild to the most severe level of cheating. Fraud is one of the acts of fraud and fraud committed by certain groups in obtaining personal gain and of course having a fairly large level of loss. This research aims to explain the ideas and theories and characteristics of perpetrators of fraud, how to resolve the law that must be enforced in order to face judicial problems and risks for perpetrators and ways and strategies to overcome fraud that occurs within the scope of banking. This study used a method in literature and library research, namely analysis in the form of discussions related to legal ideas, theories and the occurrence of fraud in the banking law perspective so that conclusions can then be drawn in understanding the extent to which actions based on fraud perpetrators can harm themselves or loss to another person/party. Losses caused by fraud are very large losses and can be widespread in the scope of banking. In addition, the bank really avoids all forms of loss, one of which is reputation risk which greatly affects the quality of the bank because it can give a bad image and influence to the wider community due to cases of fraud or fraud. The fraud prevention strategy is in the form of a systematic form that exists in controlling fraud, in this case management is required to mobilize productivity and quality resources so that the strategy in controlling prevention can continue and provide useful effects in reducing fraud cases.]]>
<![CDATA[THE DYNAMICS OF WAQF ASSET MANAGEMENT IN INDONESIA ]]>
<![CDATA[Rozihan Rozihan]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.16294
<![CDATA[The aims of this study was to determine the effectiveness of waqf management after the enactment of the waqf management law in Indonesia. As we all know that waqf is not only normative worship but also has a social element in it, thus making it one of the keys to the welfare of Muslims. Therefore, the management of waqf property is very important to be known together. This research used normative juridical research that examines the legal provisions of waqf property management in Indonesia and the study of legal instruments in classical fiqh books regarding waqf management. The potential of waqf in Indonesia is very large, for that the Indonesian government must establish a regulation that regulates the procedures for the collection and management of waqf assets as regulated in Act No. 41 of 2004 concerning waqf. The regulation had led to the birth of an independent institution in charge of collecting and managing waqf assets which are called the Indonesian Waqf Board (BWI). Therefore, there is a need for synergy from various parties regarding the collection and management of waqf assets. If so far BWI is an independent institution in charge of managing waqf, so it is necessary to coordinate with the Agrarian Office, waqf asset management institutions operating in the private sector such as the Indonesian Waqf Savings Account or non-governmental organizations (NGOs). This is done with the hope that Indonesia can optimize its waqf assets and the result of waqf can become an instrument that can reduce poverty.]]>
<![CDATA[THE REVIEW OF INTERNATIONAL LAW ON THE CAUSES OF THE RUSSIA-UKRAINE CONFLICT ]]>
<![CDATA[Mdzinarshvili Mdzinarshvili]]>;
<![CDATA[Siti Sa'atun]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.20490
<![CDATA[This research is to find out the cause of the war between Russia and Ukraine that just started on Thursday, February 24, 2022. This war took place after months of increasing tensions between the two countries. On Monday, February 21, Russian President Vladimir Putin acknowledged the creation of two states in the separatist region of eastern Ukraine. Then what is the background of the conflict in Ukraine which is now expanding into a West-Russian escalation. In February 2014, pro-Moscow Ukrainian President Viktor Janukovich was ousted from power by mass protests in the capital Kiev. Previously, Janukovich refused to sign an association agreement between Ukraine and the European Union under Russian pressure. The refusal has angered many citizens who are already excited about joining the European Union. Moreover, there were many accusations of corruption of government officials, including Viktor Janukovich, who eventually fled to Russia. Russia retaliated by sending troops to the Crimean Peninsula. After taking control of Crimea, Russia has fomented a separatist insurgency in the mostly Russian-speaking eastern Ukraine, known as the Donbas region, by sending weapons to the separatists. This study uses a Historical Normative approach by collecting various literatures as the main source. The results of the analysis show that in April 2014, Russian-backed rebels seized government buildings in the Donetsk and Luhansk regions, and proclaimed the creation of two new republics. The following month, the two separatist territories applied to become part of Russia. But Moscow has not officially responded to the request. Russia is known to want to prevent Ukraine from becoming a member of NATO, like other Eastern European countries. In conclusion Moscow also denies sending troops and weapons to eastern Ukraine, saying that Russian citizens fighting in eastern Ukraine are volunteers to prevent the genocide of the Ukrainian government.]]>
<![CDATA[“CHILD TRAFFICKING” AS THE EMBODIMENT OF MODERN SLAVERY IN INTERNATIONAL LAW REVIEW ]]>
<![CDATA[Joko Setiyono]]>;
<![CDATA[Aga Natalis]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/ijlr.v6i1.17805
<![CDATA[The purpose of this research is to find out the implementation and actualization of international and domestic law regarding child trafficking, to find examples of multilateral international cooperation forms that have been created in the context of overcoming child trafficking, and to identify threats and solutions needed by the international community in the prevention of Child Trafficking. This research was legal research with a normative juridical approach with descriptive-analytical research specifications. Child trafficking is a form of human trafficking. This crime can be attributed to the existence and widespread of the concept of "modern slavery." Internationally and nationally, laws regarding the prevention of child trafficking and child protection have been created. Examples in the international spectrum are UNTOC Annex II: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, Convention on The Rights of the Child created by UNICEF, International Program on the Elimination of Child Labor (IPEC) by the ILO, the World Congress against the Commercial Sexual Exploitation of Children, and the Palermo Protocol. With evidence of the development of child trafficking with the influence of cyberspace and information technology, the international community's concern on this issue must also increase. This is needed in making effective policies, laws, and actions in overcoming the crime of child trafficking. ]]>
<![CDATA[LEGAL PROTECTION FOR CHILDREN IN THE CRIME OF THEFT ]]>
<![CDATA[Agustri Heriyanto]]>;
<![CDATA[Erwin Owen Hermansyah]]>;
<![CDATA[Dwi Atmoko]]>
<![CDATA[ International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction ]]>
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DOI: 10.26532/ijlr.v6i1.21546
<![CDATA[The purpose of this research is to find out and analyze the legal protection for children as perpetrators of the crime of theft and the obstacles faced in realizing legal protection for these children. the approach method uses a normative juridical approach. The results of the research stated that legal protection for children in conflict with the law can be found in national instruments as follows: the 1945 Constitution of the Republic of Indonesia, Law Number 39 of 1999 concerning Human Rights, Law Number 4 of 1979 concerning Child Welfare, Law Number 35 of 2014 concerning child protection, Law Number 11 of 2012 concerning the Child Criminal Justice System. Then in protecting children as perpetrators of the crime of theft, a diversion system is also implemented. Diversion is a form of protection for children as perpetrators of the crime of theft which must or must be carried out. In practice, the success of legal protection for children in the implementation process of children as perpetrators of the crime of theft is not solely related to the applicable law, but it is also very dependent on the constraints that affect its implementation.]]>
