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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 POSITION OF DAUGHTERS IN BALINESE CUSTOMARY INHERITANCE SYSTEM FROM GENDER EQUALITY PERSPECTIVE Ni Made Sumerti Asih; Made Emy Andayani Citra
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.12668

Abstract

The equality of men and women in the inheritance system is a concern in the development of Balinese customary law. Basically, Balinese indigenous people adhere to a patrilineal kinship system. As a consequence, the line is drawn from the father and the heirs are only boys, while girls can only enjoy the assets of their parents as long as they are not married. This condition certainly reduces women's access to economic rights. Whereas, the economic control is very important in life. In this research, two issues are discussed, namely the inheritance system according to Balinese customary law and the struggle for gender equality through the position of women as heirs. Decree of the Pesamuhan Agung Majelis Utama Desa Pakraman Bali Number 01 / KEP / PSM-3 / MDP Bali / X / 2010, dated October 15, 2010 provides opportunities for girls to become heirs with limited provisions. Even so, the position of women as heirs in Balinese customary law is still difficult to be implemented. This is due to a very strong patriarchal culture that places men in higher power relations. 
THE LEGAL ACT ON COUNTERFEITING THE COVID-19 VACCINE IN INDONESIAN HEALTH LAW Sahuri Lasmadi
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.17545

Abstract

The International Criminal Police Organization has officially issued a global warning to law enforcement officials in 194 member countries to prepare to prevent and deal with various world criminal networks that will seek to utilize the Covid-19 vaccine, both physically. The online form is counterfeiting the Covid-19 vaccine. This study aims to analyze the criminal act of counterfeiting the Covid-19 vaccine from the Health Law in Indonesia. The research method used is the Normative Law research method, which examines library materials or secondary data. Normative legal research is also called doctrinal legal research.  The criminal act of counterfeiting the Covid-19 vaccine is generally regulated in Article 386 Paragraph 1 of the Criminal Code relating to acts of fraud and forgery. However, it is specifically regulated in the provisions regarding penalties for distributing fake vaccines in Indonesia as regulated in Articles 196, 197, 198, and 201 Act No. 36 of 2009 concerning health. The ingredients are everyone deliberately and producing and circulating counterfeit vaccine preparations. For the criminal act ofCovid-19 vaccine counterfeiting corporate, the corporation can be subject to additional penalties in the form of revocation of business licenses and revocation of legal entity status.
THE WEAKNESSES OF ALTERNATIVE INSTITUTIONS FOR DISPUTE RESOLUTION IN FINANCIAL SERVICES SECTOR Theresia Anita Christiani; Chryssantus Kastowo
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.16306

Abstract

There are weaknesses in the Financial Services Authority issued POJK No. 61/POJK/2020 concerning Alternative Dispute Resolution in the financial services sector. It hampered the objectives of the regulation. A concept proposal is needed to overcome the existing weaknesses. This research uses normative juridical analysis.  This research dose on the laws and regulations that apply in Indonesia relating to the settlement of disputes in the financial services sector. This study finds a proposed concept to overcome the weaknesses of Alternative Dispute Resolution in the financial services sector. The proposed idea empowers legal culture, legal substance, and legal culture as legal system theory. This research is limited to study based on secondary data, so there is no primary data.
THE LAW GLOBALIZATION IN CYBERCRIME PREVENTION Gomgom TP Siregar; Sarman Sinaga
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.17514

Abstract

Globalization makes the world without borders, countries compete freely in various fields, and sometimes cross the jurisdictional limits of a country, overcoming cybercrime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have a separate law that regulates cybercrime. The approach method using normative juridical. The results of research and discussion stated that The law globalization and politics provides cybercrime countermeasures in the application of legal norms between nations, which increasingly play an important role, especially how to regulate all forms of advances in information technology, communication, and transportation. This is inseparable from the foreign policy that has been woven between nations so far. Cybercrime regulation in legislation is absolutely necessary. Regarding jurisdiction over this crime, which is a global crime, it is necessary to have a separate law that regulates cybercrime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cybercrime actors who harm the state even though they are outside the territory of the country.
THE CREDIT RESTRUCTURING AS A FORM OF PROTECTION AGAINST CUSTOMERS DURING THE COVID-19 PANDEMIC Rani Sri Agustina
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.17528

Abstract

The submission of credit restructuring during the covid pandemic is a form of legal protection for customers who have difficulty paying credit. The COVID-19 stimulus policy in the banking sector was issued after observing developments in the economic impact related to the spread of COVID-19, which is still continuing globally and domestically. The approach method used is empirical juridical. The results of the research obtained stated that debtors who were affected by COVID-19, including micro, small and medium business debtors, were having difficulty fulfilling their obligations to banks, because the debtor or debtor's business was affected by the spread of COVID-19 either directly or indirectly to the economy. So far it has been running efficiently according to the restructuring agreement. The customer pays according to the agreement that has been made. Credit restructuring to maintain credit quality, which saves from bad credit.
GOOD CORPORATE GOVERNANCE (GCG) PRINCIPLE IN SHARIA BANKING: AN ISLAMIC LAW PERSPECTIVE Suryani Suryani; Yudi Ahmad Faisal; Muhammad Anwar Fathoni; Lukman Santoso
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.14973

Abstract

The implementation of Islamic economy in Indonesia is due to the fact that Islam has a comprehensive and universal teaching in all human life aspects, including economy. One encouraging Islamic banking development in Indonesia is indicated by the operation of banks accommodating the Sharia principles. The rapid development of Sharia banking requires an immediate implementation of Good Corporate Governance (GCG) System to provide a maximum protection for the stakeholders, especially customers. The implementation of GCG is expected to help Sharia banking minimize the poor financing quality, increase the bank assessment accuracy, infrastructure, and business decision making quality as well as become the early detection to high risk business areas, products, and services. The implementation of GCG system is greatly important since Sharia banking is the intermediary institution requiring the public or stakeholders’ trust.
Questioning the Existence of The Indonesian Commision State : An Idea of Reconstruction Putu Eva Ditayani Antari
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.15774

Abstract

This research focuses on the phenomenon of the large number of state commissions in Indonesia, especially in the post-reform era. The purpose of this study is to describe the classification of state commissions in Indonesia. Furthermore, through the idea of simplifying the state commission, it will be able to overcome the problems that often occur due to the large number of state commissions. Through doctrinal legal research using a conceptual and comparative approach, it is known that state commissions are formed as a form of democracy, where there are independent institutions with the main task of supervising the three axes of state power (trias politica), especially in the sphere of government power. This state commission has a legal basis for the formation of various institutions through laws, government regulations, or presidential regulations so that not all state commissions have an equal position in the state administration. Furthermore, the incidental and responsive nature of the formation of state commissions often results in overlapping powers of state commissions. In order to resolve this, the idea is to make simplifications for the current State commission. The act of simplification is carried out by only maintaining a few State commissions that are capable of supporting the spirit of democracy in the State. Meanwhile, other commissions were merged into institutions of other countries. Furthermore, it is given legitimacy based on law to the State commission, so that it is not difficult to determine its position in the Indonesian constitutional system  
THE JUDICIAL POWER LIMITATION OF COMMERCIAL COURTS COMPETENCY IN COMMERCIAL DISPUTES Sobandi Sobandi
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.17706

Abstract

One of the important instruments in a state of law is the existence of an independent judiciary, whether it is based on the doctrine of separation of powers, the notion of a state based on law or democracy. An independent judicial power is not absolute in the sense that it is free to lead to arbitrariness so that there must be restrictions on that power and freedom. The approach method is used a normative juridical approach. The results of the study found that the limitations of judicial power were based on the constitutional basis, namely Article 1 paragraph 3 of the 1945 Constitution, Article 24 of the 1945 Constitution and Article 24 A of the 1945 Constitution. From the concept of separation or division of powers, compose an independent judicial power which is exercised by a Supreme Court and judicial bodies under it and a Constitutional Court. The commercial court as a sub-system within the judicial power is a special court under the general judiciary that has different competencies from other general courts. The implementation of the limitation of judicial power in the competence of the commercial court to realize an independent judicial power is normatively spread out in various laws.
THE TALIBAN & AFGHANISTAN: CONFLICT & PEACE IN INTERNATIONAL LAW PERSPECTIVE Ma'ruf Amini; Devina Arifani
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.17704

Abstract

This study aims to determine the political situation in Afghanistan which is now occupied by the Taliban. This qualitative research method is often called "naturalistic research method" because the research is carried out in natural conditions (natural setting). In this study, researchers used two kinds of data, namely primary data and secondary data. To determine the validity of the data, an inspection technique is needed. The implementation of the inspection technique is based on a number of certain criteria. There are four criteria used, namely the degree of trust (credibility), transferability, dependence (dependability), and certainty. The conclusions of this study are; 1) The Taliban insists that it is committed to peace talks with the Afghan government. The implementation of the original Islamic system will be something they strive for. 2) The Taliban is committed to accommodating all the rights of citizens, whether male or female, based on the noble religious rules of Islam and the noble traditions of Afghan society. The Taliban will allow women to carry out public roles. 3) Advancing a better Afghanistan.
THE LEGAL POSITION OF ISLAMIC BOARDING SCHOOL (PESANTREN) AS A REHABILITATION EFFORT FOR NARCOTICS ABUSE Andri Winjaya Laksana
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.17756

Abstract

Islamic Boarding School or Pesantren is not only a place to teach religion, but also teaches other fields such as agribusiness and even rehabilitation for narcotics addicts. Rehabilitation is a process of integrated treatment activities to free addicts from drug dependence. Pesantren is one of the places that can be used to rehabilitate people who are addicted to drugs by using Islamic values that are usually applied to the students of Islamic boarding schools. This socio-legal research is descriptive in nature, strengthened by analysis of prescriptive interpretation. The results obtained from this study are the position of the Pesantren in the rehabilitation of drug abuse by applying two treatment methods for drug addicts, namely medical treatment and non-medical treatment. The rehabilitation process for narcotics addicts is the first, ablution, the second dzikr, the third five daily prayers in congregation, fourth, fasting on the Monday and Thursday, fifth or the last one is night prayer (Qiyamullail).

Page 7 of 11 | Total Record : 110

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