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International Journal of Law Reconstruction
Published by Universitas Islam Sultan Agung
ISSN : -     EISSN : 25809245     DOI : 10.26532/ijlr
Core Subject : Education,
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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 .
Arjuna Subject : -
Articles 110 Documents
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THE LEGAL PHILOSOPHY AND JUSTICE VALUES IN THE ACQUISITION OF LAND RIGHTS IN INDONESIA: A NORMATIVE LEGAL RESEARCH Tri Widiyono; Md Zubair Kasem Khan
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.26841

Abstract

This study aims to describe the authority to control land by the state in various legal and regulatory arrangements from the Basic Agrarian Law, constitution, and other derivative regulations. The object of this study is the various types of land rights that are stated in the various legal arrangements. The method used in this research is normative legal studies that examine legal products with a statutory approach. The findings describe that the 1945 Constitution and the regulations under it regulate how to obtain land rights in order to fulfill the nature and elements of the law. Some of the main things regulated in the legislation are in order to balance the public interest and the sustainability of the national economy. The findings have theoretical implications for regulatory arrangements on aspects that have not been regulated by law. The findings of this study underscore the importance of synchronizing land arrangements at the national level, as well as suggesting harmonization of land laws to avoid overlapping and at the same time accommodate various needs, including public interests, economic development, individual and social interests. Philosophically, this research underscores the aspect of people's prosperity as the most important basis of authority originating from the right to control by the state.
THE LEGAL IMPLICATIONS OF SIGNING THE UNWTO FRAMEWORK CONVENTION ON TOURISM ETHICS FOR THE SUSTAINABLE TOURISM DEVELOPMENT IN INDONESIA Cok Dian Laksmidewi
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.17685

Abstract

Indonesia's international relations in the world association have implications for its commitment to participate in various global issues, including tourism. The UNWTO Framework Convention on Tourism Ethics is an international agreement made to reorganize tourism business ethics. In this study, there are two issues discussed, namely Indonesia's engagement in The UNWTO Framework Convention on Tourism Ethics and tourism business ethics in the perspective of human rights. Indonesia became the first country to sign the UNWTO Framework Convention on Tourism Ethics. Normatively, the signing of this international agreement is followed by the deposit of the instrument of ratification, acceptance or approval stating the State's approval to be bound by the treaty at the international level. Indonesia's engagement in The UNWTO Framework Convention on Tourism Ethics signifies Indonesia's commitment to rebuild tourism based on business ethics. The business ethics in sustainable tourism development will be oriented to the fulfillment of human rights. Ratification of this convention places a legal obligation on States to promote responsible and sustainable tourism development, conserve the cultural and natural tourism resources of destinations, protect local communities and ensure a responsible, sustainable and universally accessible sector.
VICTIM BLAMING: LABELING FOR WOMEN VICTIMS OF SEXUAL VIOLENCE IN HUMAN RIGHTS PERSPECTIVE I Made Wirya Darma; I Gusti A A Mas Triwulandari; Dewi Bunga
International Journal of Law Reconstruction Vol 6, No 2 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i2.23887

Abstract

The problem of blaming victims is related to the strong traditions and culture of the community that still perpetuate gender stereotypes. This study aims to examine the implications of patriarchal culture on the position of women as subordinates, the concept of blaming the victim against the women victims of sexual violence and human rights studies on victim blaming and labeling for women victims of sexual violence. The culture of gender injustice in the society makes women often get negative labels, in which the women who look beautiful and dress up using rather tight and sexy clothes are always considered as inviting the opposite sex to commit sexual harassment. This is then always used and associated with labeling of victims of sexual harrasment in which the society tends to blame victims of sexual harrasment or victim blaming. This type of research is a normative juridical research that is prescriptively providing solutions to the legal protection for victims related to victim blaming and labeling women as victims of sexual violence in the view of human rights that difinitely violates the constitution and law.
The Epistemological Errors in Regulation of Absolute Competence on Mortgage Disputes in Credit Contracts Ade Saptomo; Rocky Marbun; Anis Mashdurohatun
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.29464

Abstract

The development of Collateral Law relating to the attachment of Mortgage Rights to a Credit Agreement, nowadays, it is impossible to avoid the development of Sharia Law in Indonesia. This study tries to reveal an epistemological error from the Supreme Court which issued Supreme Court Regulation Number 14 of 2016 concerning Procedures for Settlement of Sharia Economic Cases against the phenomenon of disparity in judicial decisions on Mortgage attached to Sharia-based Credit Agreements. This study uses a normative juridical method using the Communication Speech Act approach and the Relationship Trichotomy approach. The results of this study indicate that there was an epistemological error from the Supreme Court which issued the Supreme Court Regulation Number 14 of 2016, instead of as a form of resolving legal anomalies, which showed the existence of domination based on power and authority from the Supreme Court by applying an eclecticism mechanism to rights. Dependents with Sharia-based Credit Agreements which are assumed to be true.
The Distribution of Children's Inheritance in the Islamic Law and Custom Law’s Perspective Hasnah Aziz
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.30895

Abstract

The families who leave the world forever, especially the parents of children, will leave an inheritance, but inheritance becomes a problem of disputes between children which can cause a rift between blood relatives. This research aims to discuss in legal studies regarding the distribution of child inheritance, as well as discuss the parties entitled to inheritance. The research approach method is in the form of a normative approach to concepts, theory, and law, the research is descriptive analysis in nature, uses library research, and is analyzed using secondary legal materials in the form of books, journals, or laws. The results and conclusions of this study are that the provisions of Islamic inheritance law tend to divide inheritance among as many heirs as possible, by dividing a certain portion among several heirs, while the customary law of distribution is carried out on the principle of harmony on the will of the heirs in a friendly atmosphere.
The Issue of Single Apartment for Foreigners in Indonesia I Made Pria Dharsana; Desak Putu Kania Pratiwi; Rizky Mustika Rini
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.30507

Abstract

The purpose of this study is to analyze the land rights over apartment units related to the right to ownership of apartments that can now be owned by foreign nationals. Ownership of land rights over flats does not fully adhere to the horizontal principle as stated in the UUPA. Because these rights can be owned by all ownership rights over flats. Flats can be given to anyone who qualifies as a land rights holder. The research shows that there are now many foreign nationals and foreign legal entities who own flats (apartments) in Indonesia. Both for business, investment and residential purposes. However, all actions of ownership of Sarusun, foreign citizens must still refer to the rules of law for foreign countries, as well as foreign legal entities. The ownership rules must still pay attention to the provisions of Act No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), Act No. 2 of 2011 concerning Flats, Act No. 11 of 2011 concerning Job Creation Rights, Government Regulation Number 18 of 2021 concerning Management Rights, Land Ownership Rights, Building Rights, Flat Units, and Land Registration as well as several other rules that are currently in effect.
The Legal Protection for Security Crowdfunding Based on Sharia Investment in MSMEs Economic Recovery Winda Fitri
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.30917

Abstract

The security crowdfunding (SCF) provides collective fundraising services for MSMES who have difficulty obtaining funding without collateral based on OJK Regulation No. 16/POJK.04/2021, the SCF investment rules above don’t explicitly discuss investment activities in sharia-compliant securities for halal business financing that are free from Riba, maysir, and gharar elements. The purpose of this research is to examine the sharia economic legal protection for SCF investment contract transaction model and its legal implications in case of invalidity. This research uses a conceptual normative legal approach with a descriptive qualitative analysis. The results show that the contract activities in halal MSMES crowdfunding investment transactions have not fulfilled the principles of the Syirkah akad based on the Sharia Economic Law Compilation, which is from the expression side, the occurrence of ijab qabul (offer and acceptance) is not clearly in accordance with sharia, so the SCF contract can be invalidated and all activities related to the transaction are considered haram. Therefore, an issuer from DSN MUI is needed to guarantee that the SCF complies with sharia principles and has a sharia compliance officer.
The Law Enforcement of Corruption Crimes in Terms of Authority Abuse Yasmirah Mandasari Saragih; Tengku Riza Zarzani
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.30563

Abstract

The purpose of writing is to find out and analyze law enforcement in the abuse of authority as a source of corruption. To answer the writing questions that have been formulated above, the authors will use the normative research method. In the legislation regarding the crime of corruption, the element of "abuse of authority" has been regulated and is even part of the core of the corruption offense. In Article 3 of Act No. 31 of 1999 in conjunction with Act No. 20 of 2001 concerning the Eradication of Corruption. Furthermore, the element of "abusing the authority, opportunity or means available to him because of his position or position". Abuse of authority is included as an offense of corruption since the Military Ruler Regulation of l957 until now.
The Controversy of Environmental Law Policies from Regulation Perspective Triono Eddy
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.31162

Abstract

Government Regulation in Lieu of Act No. 2 of 2022 was born as a result of obstacles in the investment sector, not due to the issue of climate change as contained in the Job Creation Government Regulation. The purpose of the research was to find out and analyze because the issuance of PERPPU Job Creation ignores the Constitutional Court Decision Number 91/PUU-XVIII/2020, which is related to Article 22 of the 1945 Constitution concerning the urgency which imposes benchmarks according to circumstances and is necessary to prevent a legal vaccum. The method used is normative research which studies legal norms and literature. Government Regulations in Lieu of Laws become the full authority of the President in accordance with the constitution and are regulated in Article 22 Paragraph 1 of the 1945 Constitution. In this Government Regulation in lieu of the Job Creation Law there are articles that have problems with the environment. The article will regulate issues of environmental permits, the role of the community in the AMDAL (Environmental Impact Analysis), use of forest areas and criminal sanctions.
The Indonesian Legal Policy on Prostitution, Could it be Legalized? Ni Luh Gede Yogi Arthani; Made Emy Andayani Citra
International Journal of Law Reconstruction Vol 7, No 1 (2023): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v7i1.27763

Abstract

Prostitution is an eternal business throughout the history of human civilization. This activity has existed since the royal era until now. In terms of finance, the business of prostitution brings a huge turnover of money. Prostitute income per day is even higher than the applicable minimum wage in each district and city. This business continues to grow even though many countries prohibit prostitution. This study aims to examine regarding the causes and dimensions of violence in prostitution and the state's legal policy on prostitution. This research is a normative legal research that examines the possibility of legalizing or prohibiting prostitution. The research was conducted using statutory approaches, legal concepts and comparative law. The analysis was carried out qualitatively. The findings of this study are prostitution is influenced by educational, economic, social, legal and political factors. This activity can involve women, men, LGBT, both adults and children. However, the greatest involvements as the sex workers are women and children. Indonesia is a country that prohibits prostitution as regulated in Article 296 and 506 of the Criminal Code, as well as several other special provisions. To overcome prostitution, the Indonesian Government issued a number of policies to disband the red-light districts. There are countries in the world that prohibit prostitution like Indonesia, some allow it with strict restrictions, and some even allow state revenue from taxes.

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