Strata Law Review
Strata Law Review (SLR) is a prestigious, influential peer-reviewed, open-access journal published Biannually in March and September by CV. Strata Persada Academia. The editorial board and Reviewers of the SLR consist of leading legal scholars and practitioners from diverse backgrounds and regions, who bring expertise and experience to the review process. The SLR follows a rigorous peer-review process to ensure the quality and originality of its published articles. SLR publishes new original research articles of the highest caliber across the full range of legal scholarship, which includes but is not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal Studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Health Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law, and Adat Law.
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<![CDATA[Legal Protection for Children Taken by Their Mothers as Convicts in Correctional Institutions ]]>
<![CDATA[Januar Akbar Wibisono]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.44
<![CDATA[This research aimed to address the problem of how to fulfil the rights of children brought by their mothers into correctional institutions and the form of protection for the rights of children brought by their mothers as convicts into correctional institutions. This research method is is a document (normative) study. The results of this research show that according to Article 20 paragraph (4) Government Regulation Number 32 of 1999, it is determined that a child whom their mother brings into prison must only reach the age limit of 2 (two) years. This is inappropriate if it is linked to the principle of The best interests of the child and the mandate of Law of the Republic of Indonesia Number 4 of 1979 concerning Child Welfare. The presence of parents beside the child is not enough to only reach the age of two years. Above the age of two years, children still need a mother figure by their side. A special study is required regarding the age limit for a child to be in the care of their mother in prison. This is a consideration for lawmakers to formulate regulations in children's best interests to separate them from other prisoners.]]>
<![CDATA[Kebijakan Pemerintah Dalam Pemanfaatan Gas Suar Yang Terproduksi Dari Sumur Minyak (Associated Gas) Dalam Mendukung Program Net Zero Emission ]]>
<![CDATA[Petrus Krisologus]]>;
<![CDATA[Sugianto Sugianto]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.47
<![CDATA[In line with the 2015 Paris Climate Agreement which aims to reduce environmental pollution that has the potential to cause global warming, the Government of Indonesia has launched a net zero emission (NZE) target in year 2060 as a response to facing challenges and climate change in the future. There are many efforts to reduce carbon emissions one of them is the use of gas flares, therefore the Government of Indonesia has issued Regulation of the Minister of Energy and Mineral Resources Number 31 of 2012 concerning Implementation of Flaring Gas (Flaring) in Oil and Gas Business Activities, and its amendment. This paper is written and limited to activities in the upstream oil and gas sector and to see the comptability between regulations related to the implementation of the usage of gas flares with oil and gas production sharing contracts between the State and Cooperation Contract contractors (KKS Contractors). This research was made based on literature review and its application in oil and gas and industry, found the comptability effort to encourage the oil and gas player to use flare gas optimally considering the economics of contractor.]]>
<![CDATA[The Penetration of 4.0 Industry Revolution Through Strengthening Human Resources Related to The Right to Work for Humanity ]]>
<![CDATA[jandiman bernando pasaribu]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.57
<![CDATA[The aim of this research is to assess the politics of employment law related to the right to work and the urgency of whether or not changes to Law Number 13 of 2003 are necessary to move towards the era of Industrial Revolution 4.0. This research is normative legal research with a statutory and conceptual approach. First, the right to work for every citizen aims for humanity as mandated by Article 27, paragraph (2) of the 1945 Constitution. Second, formal education and job training for workers are very important in facing the era of revolution 4.0 as strengthening human resources in the workplace. There is a need to change labor law, including regarding the regulation of job training, which is like two coins. Thus, efforts to face the era of Industrial Revolution 4.0 do not abandon the sense of humanity as part of the identity or identity of the Indonesian nation in the Preamble to the 1945 Constitution towards the life of Indonesian people towards goodness and the mandate in the 1945 Constitution regarding the right to work for everyone.]]>
<![CDATA[Legal Politics in Restorative Justice ]]>
<![CDATA[Indra Satria Pratama]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.59
<![CDATA[This research aims to examine legal politics in restorative justice in the criminal justice system. This research is essential. After all, many obstacles are encountered because there is still no sound and comprehensive understanding of the limitations or lack of human resource capacity. This research is normative juridical normative research, with the approach tending more toward statutory and conceptual regulations. The results of this research show that implementing legal politics means holding elections to achieve the best results in criminal legislation in the sense of fulfilling the requirements of justice and being effective. The law must have a conscience. The law is not a tool to win competition but to achieve peace. He explained that the Indonesian legal system is gradually sending people to prison. The law should peacefully resolve matters that humanely, logically, and feel do not need to be brought to court or do not need to be punished severely; the law must also pay attention to the fate of the victim. For this reason, the role of authorized state bodies is needed to express justice through restorative justice.]]>
<![CDATA[The Role of Legal Politics in Creating Legal Reform in Increasing Foreign Investment in Indonesia ]]>
<![CDATA[Dameria Kristina Pardede]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.68
<![CDATA[ Investment is currently regulated in the Job Creation Law. Still, previously, investment regulations were contained in Law Number 25 of 2007 concerning Capital Investment, whereas Law Number 25 of 2007 reflected that investment regulations had two sides. One side of investment will open up state income and so on. Meanwhile, on the other hand, by opening up investment opportunities, various facilities and conveniences will be offered to investors in order to attract investment interest in a country. This research aims to analyze the Ciptaker Law as a regulation that amends the Investment Law using a participatory paradigm so as to provide analysis regarding investment regulations in Indonesia. This research is a type of normative legal research that bases its approach on legislation and conceptualization. The results of this research conclude that the Job Creation Law related to investment aims to adjust various regulatory aspects related to improving the investment ecosystem, facilitating and accelerating national strategic projects oriented towards national interests based on national science and technology guided by Pancasila ideology. Regarding these conditions, foreign investment can provide legal protection and legal certainty based on established law.]]>
<![CDATA[Pemberlakuan Fiqih Keluarga Bagi Minoritas Muslim: Masalah Keabsahan Perkawinan Poligami di Australia dan Thailand ]]>
<![CDATA[Ahmad Faridz Anwar]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.69
<![CDATA[In countries with a Muslim majority, the application of Family Fiqh often does not pose a problem, as the majority of the society adheres to and comprehends the principles set forth in Islamic teachings. However, in countries with a non-Muslim majority, such as Australia and Thailand, minority Muslims are often confronted with challenges in applying the Family Fiqh principles they adhere to. One of the arising issues is the validity of polygamous marriages. This study focuses on the validity of polygamous marriages in Australia and Thailand. The research method deemed suitable for this composition is a descriptive qualitative approach. In Australia and Thailand, polygamy is prohibited under national law in those countries. Therefore, Muslim minorities in those countries must comprehend the national legal regulations prior to entering into polygamous marriages and consider the legal implications of such decisions.]]>
<![CDATA[Peran Satuan Pengawas Ketenagakerjaan dalam Perlindungan Terhadap Pekerja Perempuan yang Bekerja Pada Malam Hari di Kabupaten Kudus ]]>
<![CDATA[Roslila Anggraeni]]>;
<![CDATA[Rahayu Subekti]]>;
<![CDATA[Purwono Sungkowo Raharjo]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.73
<![CDATA[This research aims to determine the role and obstacles faced by labor inspectors in the context of protecting companies that employ female workers at night in Kudus Regency. This research is descriptive empirical normative research using a live case study research approach. Basically, when employing female workers at night, there are special rules regarding female workers that must be fulfilled by companies which are regulated in the Employment Law. However, its implementation is still not carried out optimally. This statement is proven by the discovery of violations committed by employers against workers, especially in employing female workers at night. This raises questions about the role of law enforcement, especially labor inspectors, in protecting female workers at night. Therefore, this writing will focus on describing the roles and obstacles faced by labor inspectors in protecting female workers at night in Kudus Regency.]]>
<![CDATA[ANALISIS SOSIOLOGI DAN ANTROPOLOGI HUKUM EKONOMI SYARIAH PADA PUTUSAN SENGKETA MURABAHAH DI PENGADILAN AGAMA KOTA CIREBON (Perkara Nomor 1/ Pdt.G.S/2020/Pa.Cn) ]]>
<![CDATA[Fadli Daud Abdullah]]>;
<![CDATA[Tajul Arifin]]>;
<![CDATA[Abdal]]>
<![CDATA[ Strata Law Review Vol. 1 No. 2 (2023): September ]]>
Publisher : <![CDATA[CV. Strata Persada Academia ]]>
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DOI: 10.59631/slr.v1i2.94
<![CDATA[This research explores the settlement of Murabahah disputes through sociological and anthropological studies of Islamic economic law. The focal point of this analysis is Case Number 1/Pdt.G.S/2020/Pa.Cn, which is a lawsuit related to the Murabahah transaction heard at the Cirebon Religious Court. This study utilized qualitative research methods, which were collected through secondary data. The result of this study is that the decision-making process in resolving Murabahah disputes at the Cirebon Religious Court significantly reflects the socio-anthropological dimensions of Islamic economic law. This includes recognizing the social and economic impacts of sharia transactions, particularly the large material losses resulting from defaults. This underscores the importance of Sharia norms, ethical considerations in transactions, and social responsibility in ensuring fairness in the Sharia economy. In addition, it recognizes the challenges faced in reaching solutions within the framework of Sharia economics and emphasizes the importance of collaboration among the parties involved in the process. Ultimately, the implications of this judgment highlight how social and cultural elements in Sharia-compliant societies influence economic transactions and provide a comprehensive understanding of the dynamics of Sharia economic law in a practical context and its implications for case resolution in Religious Courts.]]>
