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Imam Sujono
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Journal of Progressive Law and Legal Studies
Published by Riset Press International
ISSN : -     EISSN : 29869145     DOI : https://doi.org/10.59653/jplls
Core Subject : Humanities, Science, Education, Social,
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Progressive Law and Legal Studies (JPLLS) is an online bi-annual journal with a summer and winter edition. The Journal emphasises creating an open-access platform to research around socio-legal topics and promoting interdisciplinary research entailing the detailed study of law with other disciplines in the contemporary era. JPLLS maintains a high standard of quality as the manuscripts received at the JPLLS go through a blind double peer review and a plagiarism check where only the content with a plagiarism rate of below 20% is selected for final publication. All academicians, research scholars, lawyers, and law students can submit original manuscripts of articles, book reviews, case comments, and legislative comments relating to a recent development in law and legal studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
The Freedom to Determine the Choice to Have or not have Children Richard Mantaru; Joko Martoko; Andi Haris
Journal of Progressive Law and Legal Studies Том 1 № 01 (2023): January 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i01.6

Abstract

The decision to choose childfree in household life cannot be separated from the role of husband and wife. The method used in this research is qualitative, with a comparative approach, namely comparing two points of view, namely according to classical and contemporary Islamic scholars. While the type of research used is Library Research, in the sense that all data sources come from written materials related to the topics discussed. The results of the research show that the classical ulema’s do not forbid a husband and wife who agree not to have children (offspring). Because this is confirmed by 'Azl, which is legally permitted by Imam Ghazali, as well as contemporary scholars also allow it if husband and wife agree because of certain benefits. So childfree is not included in the prohibited acts, because every married couple has the right to plan and manage household life including having children.
Legal Views on Menstrual Delays in Ramadhan Rasya Mukhtar; Syarifah Ning; Cut Hasanah
Journal of Progressive Law and Legal Studies Том 1 № 01 (2023): January 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i01.7

Abstract

Fasting during Ramadan is obligatory for every Muslim/Muslimah who is mature, intelligent, clean from menstruation and childbirth for women, and who does not have a valid reason, such as travelers and sick. Meanwhile, menstruation is a natural process that occurs in every woman. With the current breakthroughs in medical science, drugs have emerged that can delay menstruation experienced by women, making it possible to carry out Ramadan fasting without obstacles. This type of research is library research (library research). With a historical approach. The data collection method is using a literature study, in which in this section the author will collect MUI fatwas and fiqh books on the topic being researched. Then read and trace the legal istinbath method. The results of the study show that the negative impact of this drug affects the body's work system, so its use in an inappropriate place is not recommended. While the positive impact on health, the authors assume there is no. Because this drug aims to block the natural cycle that occurs in women. Then the use of drugs that are not on target or used in the long term or made from inappropriate ingredients, will certainly have implications for the body. Meanwhile, Nash has not yet regulated the legal status of delaying menstruation. So ijtihad is needed in this case by looking at the benefits. If you delay your menstrual period using drugs, you will examine the side effects. If it causes harm to the body, it is better to avoid it. However, if it does not cause harm then it is permissible. As stated in the MUI fatwa No. 2 of 1979.
Problem of Determining Past Income for Children in Court the Decisions Masnuah Lisa
Journal of Progressive Law and Legal Studies Том 1 № 01 (2023): January 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i01.8

Abstract

The data obtained were then analyzed using the content analysis method. Decision Religious shows that the legal basis for refusing claims for māḍiyah maintenance for children in divorce is legal considerations as considered by the Supreme Court in its decision rejecting lawsuits for past maintenance for children, namely that the father's obligation to provide for his child is lil-intifā’, not lit -tamlīk, then a person's negligence fathers who do not provide for their children cannot be sued. This leads to injustice because māḍiyah maintenance is not granted to children. This will certainly be detrimental to the life and welfare of the child, who in other circumstances can become a shield for a father who neglects to provide for his child. Māḍiyah's livelihood is a form of protection for the rights of divorced women and children born during a marriage. This is in line with the verses of the Koran and hadith which talk about the obligation of a father to his wife and children to provide maintenance.
Animal Abuse in the View of Islamic Criminal Law Salman Farizi
Journal of Progressive Law and Legal Studies Том 1 № 01 (2023): January 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i01.9

Abstract

Islam as the majority religion in Indonesia teaches us to be a mercy to the universe, including taking care of animals on earth. However, Indonesia is the country with the largest number of downloaders of animal abuse content in the world. Therefore, the purpose of this study is to analyze these problems from the perspective of jurisprudence. The research method used is normative legal research with a statutory approach and analysis of Islamic legal theories. The results of this study indicate that the crime of mistreatment of animals in Indonesia is regulated in the Criminal Code (KUHP) Article 302 and Article 540, as well as Law Number 18 of 2009 as amended by Law Number 41 of 2014 concerning Animal Husbandry and Health. Animal abuse in jinayah fiqh is included in the ta'zir finger, in which the level and punishment are determined by the government ( ulil amri ).
Legal Burden of Obligation to Pay Tax on Business Results in the Zakat Concept Budi Harahap
Journal of Progressive Law and Legal Studies Том 1 № 01 (2023): January 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i01.10

Abstract

This research is the understanding of the people who are aware of the law in paying zakat from the business. The focus of this research is how the understanding of the law-conscious community in paying zakat from business results. Furthermore, this type of research is field research (direct research on objects or subjects in the field to obtain data). The results of this study are to examine people's understanding of paying zakat from the business. Zakat is worship in the field of property, which relates to people who give zakat ( muzakki ), recipients ( mustahik ), assets issued by zakat, and society as a whole. Islam has a concept of zakat which is a concern for the weak. Zakat is paid by a muzakki given to the mustahik. In this study, it appears that the understanding of people of Lengayang District only understands the zakat fitrah that they pay during the fasting month. For the measure of payment, they only estimate it. In the efforts that must be made so that people's understanding of the obligation of zakat can be achieved through coaching muzakki and mustahiq, of course, there is good cooperation between all parties involved, namely the community itself, the Zakat Collection Unit, village officials, religious scholars, and religious extension workers are no exception.
Omnibus Law as Investment Law Reform in Indonesia Based on the Hierarchy of Legislation Principles Imam Sujono; Mulyanto Nugroho
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): May 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.28

Abstract

This paper aims to describe, understand and analyze the omnibus law as an investment law reform in Indonesia based on the hierarchical principle of laws and regulations. As for writing this article using normative legal research. In addition, the writing of this article uses a theoretical and juridical approach. The results of this study indicate that in the formation of the omnibus law as a rule that facilitates Indonesian investment, the hierarchical principle of laws and regulations applies. Then there is some urgency to form an omnibus law in the investment aspect. One of the theories of the welfare state that applies to Indonesia is the role of increasing the economy in the investment sector through the omnibus law in order to realize the mandate of the Indonesian constitution, namely to promote general welfare and as much as possible for the prosperity of the Indonesian people.
Normative Juridical Review Regarding Bank Interest in Islamic Law Christopher Panal Lumban Gaol
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): May 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.30

Abstract

This journal aims to examine the concept of bank interest (riba) within the framework of Islamic law (Sharia). The practice of charging and receiving interest has been a topic of significant debate and controversy among Islamic scholars and jurists. This paper provides an in-depth analysis of the philosophical underpinnings of bank interest in Islamic law, taking into account various perspectives and interpretations within the Islamic legal tradition. The journal begins by exploring the foundational principles of Islamic law and its ethical framework, highlighting the prohibition of riba as outlined in the Quran and the Hadith. It discusses the historical context and evolution of Islamic banking and finance, emphasizing the need for alternative financial mechanisms that comply with Islamic principles. The study then delves into the philosophical considerations surrounding bank interest from an Islamic legal perspective. It examines different schools of thought and the rationale behind their positions, including the arguments for and against the permissibility of bank interest. The utilitarian perspective evaluates the societal consequences of interest-based transactions, while the deontological approach emphasizes the adherence to moral principles. The contractualist viewpoint focuses on the voluntary agreements between parties, and the concept of justice and equality is examined in relation to interest-based transactions. Furthermore, the journal analyzes contemporary practices in Islamic banking and finance, including the development of Islamic financial instruments that adhere to Sharia principles. It explores the role of regulatory bodies in overseeing and ensuring compliance with Islamic law in the financial industry. The research concludes by synthesizing the diverse perspectives and providing a comprehensive understanding of the philosophical considerations surrounding bank interest in Islamic law. It emphasizes the importance of contextual interpretation and critical analysis within the Islamic legal tradition to address the challenges and complexities posed by modern financial systems.
Application of Indonesian National Standard (SNI) on Helmets of Two-Wheeled Motor Vehicle Riders: Consumer Rights and Obligations of Business Actors Christopher Panal Lumban Gaol
Journal of Progressive Law and Legal Studies Том 1 № 01 (2023): January 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i01.31

Abstract

This paper discusses the application of the Indonesian National Standard (SNI) on two-wheeled motorized vehicle helmets and its implications for consumer rights and obligations of business actors. Based on the Regulation of the Minister of Industry of the Republic of Indonesia Number: 79/M-IND/PER/9/2015, SNI for helmets of two-wheeled motorized vehicle riders is compulsorily enforced. Business actors who produce and/or import helmets must meet SNI requirements and have a product certificate using the SNI mark installed on the product. Consumers have rights protected by the Consumer Protection Law, including the right to comfort, security, and safety in consuming goods and/or services. They have the right to true, clear and honest information about helmet products, and have the right to raise opinions and complaints. If the helmet product does not comply with the agreement, the consumer is entitled to compensation and compensation. On the other hand, business actors have an obligation to provide true, clear, and honest information about the condition and guarantee of helmet products. They must treat consumers properly and honestly, as well as provide compensation, indemnity and replacement if the helmet product does not comply with the agreement. The Indonesian National Standard (SNI) for helmets of two-wheeled motorized vehicle riders, such as Helm SNI 1911:2007, specifies technical requirements related to materials, designs, and features that must be met by helmets. These requirements include materials that are strong, do not change by temperature changes, and do not cause irritation to the skin. The helmet design must also meet certain criteria, including height, ventilation, and bearing. Full face helmets and open face helmets have different technical requirements, such as ear protection, neck covers, shields, or chin caps for full face helmets, and hoods, protective linings, straps and more for open face helmets.In conclusion, this paper underlines the importance of applying SNI to two-wheeled motorized vehicle helmets to maintain product quality, safety, and comfort. Consumers have rights that must be protected, while business actors have the obligation to meet SNI requirements and provide good service to consumers. With SNI, it is hoped that two-wheeled motorized vehicle helmets on the market can meet the standards that have been set, so as to provide better protection for riders.
Presidential Threshold and Parliamentary Threshold Setting in Elections Josef Mario Monteiro
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): May 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.32

Abstract

This conceptual study aims to analyze Presidential Threshold and Parliamentary Threshold arrangements in elections from the regulatory aspect, the implications for the political rights of citizens and political parties and their comparison with other countries. The method used is normative juridical with a conceptual approach, statutory regulations, and comparative law. The legal materials are primary, secondary, and tertiary, then analyzed descriptively qualitatively. Based on the results of the research, it can be stated that by setting the Presidential Threshold and Parliamentary Threshold percentages, the right of citizens to participate in government, both to vote and to be elected in elections, has been limited so that from the perspective of people's sovereignty, it has created inequality or in other words, there is no equality, fair to citizens. Because presidential and vice-presidential elections and legislative elections are a consequence of the existence of a democratic system, it should be regulated by laws and regulations that are in favor of the interests of the people and not just camouflage for political elites who prioritize their groups only.
Distribution of Authority for Mining Business Permits between the Central Government and Regional Governments After the Enactment of the Minerba Law Number 4 of 2009 Pandu Adi Cakranegara; Dedi Rianto Rahadi; Etty Susilowati
Journal of Progressive Law and Legal Studies Том 1 № 02 (2023): May 2023
Publisher : Pt. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v1i02.46

Abstract

Mining commodities are strategic commodities for the Indonesian people because they are a source of state revenue. On the other hand, mining has a significant social, economic, and political impact. Therefore, the decision to grant a mining permit needs to be considered carefully. The Minerba Law of 2009 took over some authority to the Central Government. This takeover creates a conflict in the Regional Government which wants the authority to grant permits to reside with the regional government. By using normative analysis, this study tries to see the purpose of the Minerba Law Number 4 of 2009. This research shows that apart from granting permits, other factors need to be considered, namely how the mining sector provides revenue and benefits the local community.

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