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Legalis : Journal of Law Review
Published by PT Penerbit Ilmiah Indonesia
ISSN : -     EISSN : 30308658     DOI : https://doi.org/10.61978/legalis
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legalis : Journal of Law Review with ISSN Number 3030-8658 (Online) published by Indonesian Scientific Publication, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability law review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
The Strategic Role Of Article 6 Of Law No 41 Of 2004 In The Management Of Term Waqf: A Progressive Review Of Islamic Economic Renewal Tommy Pratama; Syahmirwan; Achmad Nasrul Waton Ar Rosyit
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.8

Abstract

Waqf is a form of worship and is also one of the pillars of the Islamic economy which has the potential to improve community welfare and overcome the problem of poverty. One of the laws governing waqf in Indonesia is Law No. 41 of 2004. Futures Waqf is an innovation in modern Islamic economics, aligning Islamic economic principles with contemporary developments. This research provides an understanding of the evolution of Islamic economics and efforts to encourage the implementation of Islamic economic principles in ever-changing global dynamics. In this research the author uses a qualitative method with a normative juridical approach. This law is the basis that waqf can be forever and can also have a term. This is very different from what is regulated by Islamic waqf law which tends to be less directed towards economic empowerment of the people and is only used for religious activities such as building mosques, prayer rooms, schools and cemeteries. This evaluation provides an in-depth impact on how the effectiveness of this regulation can increase the economic benefits of Term Waqf, encourage sustainable economic growth, and support the achievement of sharia economic development goals in Indonesia.
Interfaith Marriage Between a Muslim Man and a Woman from People of the Book According to Article 40 C of the Compilation of Islamic Law (Analysis of Decision Number: 959/Pdt.P/2020/PN. Bdg., Dated. 2 December 2020 Firman Arief Irvani; Amin Songgirin; Ibrahim Abubakar
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.10

Abstract

Interfaith marriage is a very sensitive issue to discuss. The debate over the rules for interfaith marriages is caused by differences in interpretation of the verses of the Koran which explain the laws of marriage. Scholars agree that the marriage of a Muslim woman to a non-Muslim man is invalid. Regarding the marriage of Muslim men to non-Muslim women, there are differences of opinion. If the woman is a Mushrik woman then the marriage is invalid, whereas if the woman is a People of the Book, there are still scholars who view the marriage as valid and there are also those who view it as invalid. With various considerations, both from the verses of the Koran, the hadith of the Prophet Muhammad, and the rules of fiqh, the Compilation of Islamic Law (KHI) as a guide for Religious Court judges to decide cases regarding matters of marriage, inheritance and waqf among Muslims has prohibited firmly and clearly the marriage of a Muslim man to a woman from the People of the Book and vice versa, the marriage of a Muslim woman to a man from the People of the Book. The result of this prohibition is that children resulting from interfaith marriages are classified as illegitimate children who do not have any relationship with their father and only have a civil relationship with their mother.
Application for Marriage Dispensation for Minors Based on Law no. 16 of 2019 concerning Marriage and the Compilation of Islamic Law (Analysis of Religious Court Determination Number 79/Pdt.P/2018/PA.Msb) Siti Asmadillah; Amin Songgirin
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.11

Abstract

Prevention of marriage at a young age becomes difficult to implement with the existence of a marriage dispensation in the Religious Courts. If you see the permissibility of carrying out child marriages, this certainly raises a question mark about the legal certainty given by the judge. The purpose of this research is to find out the legal certainty of an underage marriage dispensation application in accordance with the principles of marriage and KHI and to find out the Islamic view of the Marriage Law on Court Decree No.79/Pdt.P/2018/PA.Msb The research method is descriptive normative. The data was obtain from a literature study. The results of this study are that the legal certainty of judges is not in line with the fundamental of marriage according to the law but in line with the fundamental of marriage according to Islamic law, so in deciding the request for dispensation of marriage the judge is more inclined to the fundamental of Islamic law.
The Application For A Polygamy Permit Is Reviewed From An Islamic Legal Perspective (Analysis of PA.Depok Decision No. 3051/Pdt.G/2020/PA.Dpk) Elvita Ameliah; Amin Songgirin
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.14

Abstract

Polygamy or having more than one wife is permissible under the provisions of Islamic law and positive law. Even though the large number of polygamy in our society has never been investigated in research what the real motives and causes are, in reality most polygamy is carried out by our society not in accordance with all the provisions, so that the polygamy that is carried out is very far from the wisdom and secrets contained therein. The permissibility of practicing polygamy according to Islam in many cases is often implemented and implemented. This causes many things to happen at will, without paying attention to and heeding the conditions that must be met. The problems in this thesis are how the judge considers in the decision on the case for a polygamy permit application No.3051/Pdt. G/2020/PA.D pk and what are the aspects of justice for polygamy applicants. This research method uses normative juridical research or a normative legal approach and is commonly called library research. The data collection technique in this research is library research which originates from laws and regulations, books, publications and research results. Based on the research results it is known that: 1). In determining the decision on the principle of proving the polygamy licensing case, the judge considered that the respondent did not mind polygamy by her husband, referring to Law No. 1 of 1974 to serve as a guideline in resolving polygamy problems. However, the judge did not grant the petitioner's request. 2). The concept of fairness in polygamy, according to the judge, goes back to Islamic teachings, namely justice that is meant is justice that is material in nature that can be controlled by the husband and becomes his ability, such as good treatment, sharing of time in spending the night, and giving a living. As for those related to the heart, then she may not be able to do it, because it is beyond the husband's control or beyond his ability, such as feelings of love and inclinations of the heart. So in this case the husband is not required to make it happen because it is beyond human power which is impossible to fulfill. Then the judge saw the fairness of the decision by looking at the statement made by the husband to be able to act fairly in guaranteeing the needs of his wives and children.
Implementation of Minimum Mandatory Giro (Gwm) in Sharia Banking Perspective Analysis of Siyasah Syar'iyyah Maliyyahtitle Arfa Gunawan
Legalis : Journal of Law Review Vol. 1 No. 1 (2023): October
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v1i1.47

Abstract

This research analyzesthe implementation of Mandatory Reserve Requirement (GWM) in Islamic banking in Indonesia, with a focus on the duplication of money resulting from the implementation of GWM in Islamic banking, the regulation of GWM in Islamic banking in the view of Siyasah Syar'iyyah Maliyyah, and finding a more just system solution for GWM regulation in Islamic banking in Indonesia. In this research, the researcher used a qualitative research method with a library research type and a philosophical approach. The results of this research show that GWM is a monetary instrument applied by the central bank to ensure the liquidity and solvency level of banks in the financial system. The purpose of implementing GWM is to ensure that banks have enough funds to handle their liquidity needs and to ensure the stability of the overall financial system. Then, the perspective of Siyasah Syariyyah Maliyyah shows that the implementation of Islamic economics in Indonesiamust be practiced according to the socio-cultural conditions in Indonesia. Currently, GWM is something that cannot be avoided, and there is still no new system that can replace it for Islamic banks. Therefore, GWM in Islamic banking is one of the monetary instruments that can control inflation. The existence of GWM in Islamic banking in the concept of Maslahah is at the level of tahsiniyat (tertiary). The debate over the existence of GWM in Islamic banking presents several solutions to provide justice for all parties, including changing the fractional reserve banking system to Narrow Banking, which clearly distinguishes between savings and deposits, emphasizes the principle of amanah, and separates profit-making activities in banking through cooperation with separate affiliate organizations from the bank itself. Because the fractional reserve banking system has been challenged in Switzerland, the solution to GWM gharar is the sovereign money system, which is similar to full reserve coverage, but goes further by giving full control over deposits seen by the central bank. So there is no gharar element. In other words, existing savings "create" loans
Legal Implications and Urgency Of Changing Ordinary Delicates Into Complaint Delicates In Copyright Law Number 28 Year 2014 Didi Jubaidi; Khoirunnisa Khoirunnisa
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.206

Abstract

The change of the ordinary offense to a complaint offense in Copyright Law Number 28 of 2014 has significant legal implications and emphasizes the importance of adjusting the law to protect copyright. This change reflects the need to adapt the law to current realities and demonstrates a commitment to international standards and the interests of copyright holders. However, effective enforcement of these changes faces challenges in identifying and dealing with copyright infringement, which requires collaborative efforts and continuous legal updates. This research aims to analyze the legal implications and urgency of the change from ordinary offense to complaint offense related to Copyright Law (UUHC) Number 28 of 2014.  The results show that treating copyright infringement as a complaint offense (klach delict) can lead to difficulties in law enforcement and an increase in copyright infringement in Indonesia. This is because the authorities cannot take direct action unless there is a complaint first from the injured party, as a result it can have a negative impact on the creative industry and make creators less motivated. This can have a negative impact on the creative industry and make creators less motivated to create original works. In addition, the consequence could be a decrease in tax revenue received by the government.
The Responsibility of a Notary For Deeds Not Read In The Presence of The Parties Is Examined Based on Law Number 2 of 2014 Concerning The Position of a Notary Ngatiran
Legalis : Journal of Law Review Vol. 2 No. 1 (2024): January
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i1.227

Abstract

The notary, as a public official, has the responsibility to provide services to community members who require assistance in the drafting of written instruments, especially authentic deeds in the field of civil law. The existence of the notary is an implementation of the law of evidence. The Republic of Indonesia is a rule of law, based on the principle of the rule of law, ensuring certainty, order, and legal protection centered on truth and justice. Through the instruments drafted, the notary must provide legal certainty to the community utilizing notarial services. The purpose of this research is to understand how the notary assumes responsibility for the instruments they draft, which may cause issues due to the failure to read the instruments in the presence of the parties involved. This has been alleged as a violation of Law No. 30 of 2004, amended by Law No. 2 of 2014 concerning the notarial function carried out by a notary in the locality of Bencongan Kelapa Dua Tangerang, reported by NA (43) to the Criminal Investigation Unit (SPKT) of the South Tangerang Police Regional Office. The victim reported notaries AI, IG, and R, as well as other individuals involved, feeling deceived for about 3 years in the property title transfer process that remained incomplete from 2021 to 2023.
Correlation Analysis of Land Acquisition Regulation Policy for Public Interest with Regional Development and Financial Planning Regulations Silvy Vebritha; Widaningsih Trenggana
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.245

Abstract

Law enforcement in Indonesia faces challenges in addressing the rampant practice of prostitution, particularly involving service users and traditional commercial sex workers. Despite government efforts to reduce involvement in prostitution, the absence of specific regulations in Indonesian law has allowed users of these services to evade appropriate legal consequences. This research aims to highlight the urgency of criminalising both traditional commercial sex workers and their clients. The primary issue stems from economic factors, such as an individual's income or needs, particularly the difficulties faced by women in meeting their needs due to a lack of skills, which reduces their competitiveness in the job market. Additionally, there is a significant gap in the legal framework concerning regulation.  This study employs a normative juridical method, utilising legislative, conceptual, and comparative approaches. The researchers analysed secondary legal materials, including local regulations from DKI Jakarta, Indramayu District, Tangerang City, Denpasar City, Badung Regency in Bali, Batam City, and Bandung Regency. Additionally, they examined Dutch regulations on brothels, specifically the "Wet Regulering Prostitutie en Bestrijding Misstanden Seksbranche" (Regulation on Prostitution and Combating Abuses in the Sex Industry).  The findings suggest a pressing need to integrate these regulations into the NATIONAL CRIMINAL CODE to enable the prosecution of both traditional sex service users and workers. Alternatively, adopting the Dutch policy of legalising brothels, where owners must demonstrate consistent tax payments and non-involvement in criminal activities, could be beneficial. Such measures aim to prevent issues like HIV/AIDS and human trafficking.
Legal Challenges of Tapera Implementation in Indonesia: Toward an Equitable and Effective Housing Financing Scheme Alfrida Hasyim Alfrida; Enny Martha Sasea; Atang Suryana
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.250

Abstract

This research discusses the legal challenges in the implementation of Public Housing Savings (Tapera) in Indonesia. Tapera is regulated by laws and government regulations with the aim of providing affordable housing finance for all citizens, especially Low-Income Communities (MBR). However, there are several legal obstacles that need to be overcome, such as inconsistencies with existing laws and regulations, lack of provisions on the management of Tapera funds, and the absence of a special dispute resolution institution for Tapera. The research method used is qualitative analysis, using a literature study approach by conducting an in-depth review of relevant literature, including government regulations, research articles, and publications related to the implementation of the Public Housing Savings Program (Tapera). By using analysis such as relevant laws, regulations, and official documents Proposed solutions include harmonizing laws and regulations, formulating clear regulations on the management of Tapera funds, and establishing a dispute resolution institution. In addition, it is necessary to conduct extensive socialization and education about Tapera, and build adequate supporting infrastructure.
Criminalisation of Service Users and Traditional Commercial Sex Workers in Indonesia Nining; Dey Ravena; Dini Dewi Heniarti
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.262

Abstract

Law enforcement against service users and traditional commercial sex workers in Indonesia in handling the increasingly rampant practice of prostitution. Despite government efforts to reduce involvement in prostitution, the lack of specific regulations in Indonesian law has allowed service users of prostitution to avoid appropriate legal consequences. The purpose of this research is to understand the urgency to criminalize traditional commercial sex workers and service users. The majority of the problem lies in economic factors influenced by someone's income or needs, especially the difficulty for women to meet their needs, especially women who lack skills, thus their competitiveness in the job market is very low, and also related to the legal framework which still lacks regulation. This research uses a normative juridical method by employing legislative approach, conceptual approach, and comparative approach. Researchers examined secondary legal materials, including local regulations such as the DKI Jakarta Regional Regulation, the Indramayu District Regulation, the Tangerang City Regulation, the Denpasar City Regulation, the Badung Regency in Bali, Batam City, and Bandung Regency, as well as the Dutch regulation on brothels, known as the "Wet Regulering Prostitutie en Bestrijding Misstanden Seksbranche" (Regulation on Prostitution and Combating Abuses in the Sex Industry). The research findings indicate the need to promptly incorporate these regulations into the NATIONAL CRIMINAL CODE to prosecute users of traditional sex services and also the workers themselves, or at least to follow the policy of the Dutch government by legalizing brothels, where brothel owners are required to prove consistent tax payments and not being involved in any crimes, aiming to prevent HIV/AIDS and human trafficking.

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