ORIGINAL RESEARCH ARTICLE | Dec. 7, 2021
Reconstruction of Corporate Social Responsibility in Realizing Sustainable Development Based on the Values of Justice
Suheni, I Gusti Ayu KRH, Anis Mashdurohatun
Page no 696-701 |
10.36348/sijlcj.2021.v04i12.001
The problem in this study is to find weaknesses in Corporate Social Responsibility in Realizing Sustainable Development that is not valued with Justice and how to reconstruct it based on the values of justice. The approach method used in this study is qualitative research, with a sociological juridical approach, and analyzed using descriptive analysis. The conclusion of this study is the weakness of the construction of Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies from the aspect of legal substance, legal structure, and legal culture has implications for the value of justice which cannot be realized in carrying out corporate social responsibility in realizing sustainable development in the form of CSR. Because of that Article, 74 of Law Number 40 of 2007 concerning Limited Liability Companies must be reconstructed so that Corporate Social Responsibility Values Justice which is appropriate and in line with the values of Pancasila justice.
ORIGINAL RESEARCH ARTICLE | Dec. 7, 2021
Reconstruction of the Criminal Sanction System in the Eradication of Corruption Based on Justice
Aris Sudarmono, Gunarto, Anis Mashdurohatun
Page no 702-707 |
10.36348/sijlcj.2021.v04i12.002
Corruption is an act that can not only harm the state's finances but can also cause losses to the people's economy. Corruption is a very despicable act, condemned and very hated by most people, not only by the Indonesian people and nation but also by the people of the nations of the world. The problem in this study is to find weaknesses in the application of the criminal sanction system in eradicating corruption and how to reconstruct it based on justice value. This research is using the constructivism paradigm and sociological-Juridical approach. The results of the study are that the weaknesses in the aspect of legal substance are the Law on the Eradication of Criminal Acts of Corruption does not regulate the number of minimum sanctions based on the classification of the amount of money that is corrupted, both for cases of embezzlement, bribery or gratification, and sanctions are also considered less firm. Weaknesses from the aspect of the legal structure are the weak coordination between law enforcement officers that causes the handling of corruption crimes to be hampered by time and bureaucracy. Weaknesses from the aspect of legal culture are the emergence of corruption itself is strongly influenced by the demands of individual and group needs and is supported by a socio-cultural environment that inherits a corrupt tradition. Accordingly, it is necessary to reconstruct Law Number 31 of 1999 concerning the Eradication of Corruption Crimes by adding paragraphs in the article up to Article 3 and Article 5.
ORIGINAL RESEARCH ARTICLE | Dec. 8, 2021
The Role of Islamic Boarding Schools in the Islamic Economy Development in South Sulawesi
M. Arfin Hamid, Achmad, Fauziah P. Bhakti
Page no 708-714 |
10.36348/sijlcj.2021.v04i12.003
This research is normative juridical with descriptive analytical and qualitative approach, focusing on the main problem of how the role of Islamic boarding schools in the development of Islamic economics in the South Sulawesi region. Sharia economic discipline or fiqh muamalah is an original concept sourced from the Qur'an and Sunnah since the 7th century (Apostolate of Muhammad, 570-632 AD) contains Islamic teachings related to property, business or business, is the result of the ijtihad of the mujtahids related to laws or regulations. Humans in interacting with fellow humans, objects, and managing the contents of the universe based on the texts (Al-Quran and Assunnah). The results of the study indicate that the role of Islamic boarding schools in developing the Islamic economy has been substantively carried out for a long time and continuously in an integrated manner in the subject matter of fiqh muamalah at the Aliyah level, which is supported by learning documents such as textbooks and fiqh muamalah modules. The caregivers of muamalah fiqh subjects are not familiar with the term Sharia economics which is popular outside Islamic boarding schools, because the term is not found in the original fiqh books, which lasim is fiqh muamalah or muamalah iqtishadiyyah. In particular, the Islamic economic development policy at Islamic boarding schools has not been found in the vision and mission of Islamic boarding schools, but substantially it has been conducted for a long time through muamalah fiqh lessons, even coupled with mu'tabarah fiqh book halaqah activities outside formal learning hours.
ORIGINAL RESEARCH ARTICLE | Dec. 19, 2021
Reconstruction of a Restorative Justice Policy on Juveniule Crime Based on Justice Value
Warijan, Mahmutarom H. R, Anis Mashdurohatun
Page no 715-721 |
10.36348/sijlcj.2021.v04i12.004
In the Implementation of the principle of restorative justice in cases of criminal acts or violations involving children, the Government of Indonesia has issued Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The problems in this study are what are the current weaknesses of restorative justice policies in criminal cases with juvenile perpetrators and how is the reconstruction is based on justice. The research method uses the constructivism paradigm, the approach method uses sociological juridical, descriptive-analytical research type, with primary and secondary data types and sources in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Methods of data collection by observation, interviews, and literature study, and analyzed using a Qualitative analysis method. The results of this study are 1) The Weaknesses of restorative justice policies in cases of criminal acts with juvenile perpetrators are: a. Weaknesses of the Legal Substance are the unclear regulation of criminal acts under 7 years of age based on Article 7 paragraph 2 letter a, can only be carried out against criminal acts that are threatened with imprisonment for less than 7 years. The modus operandi which is increasingly widespread is also increasingly varied so that it becomes a challenge for law enforcement, especially if the crime is committed by a child. b. The weakness of the legal structure is that the peace between the victim and the child perpetrator is very different when it comes to the principle of the best interests of the child. If the diversion agreement is not reached, there will be great opportunities for imprisonment for the child. c. The weakness of the legal culture is the weakness of the principle of the best interests of the child, which must obtain the consent of the victim and or the victim's family as well as the willingness of the child and or his family. 2) The Reconstruction of restorative justice policies in cases of criminal acts with juvenile perpetrators based on justice are: Reconstruction in Article 10 by adding a sentence in the second paragraph letter d of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.
In Indonesia since the reforms, political participation of women, especially women's representation in decision-making become an important agenda of the government and the legislature. Affirmation and strengthening policies continue to be pursued. In the representation of women in decision-making, of course, one must have followed with a mindset, as well as the ability of the competent. But the fact is, the condition of women's political participation in some Asian developing countries such as Indonesia is still concerning as their participation rates are low due to Social and cultural processes that are more likely to exclude women, especially in government. Therefore, efforts need to change the mindset of society on women's lives. This urges the author to study the problem further in research using a Normative-Juridical Research Method which is literature research. The Result shows that indeed the mindset that men are the one who should be in the seat of government and women stays in the “kitchen” are very deeply rooted in the Indonesian Culture as seen by the fact that in 2014–2019, growth in the number of women as members has stalled, and even gone backward as the proportion of the total, to 97 out of 560, that is 17.3%, therefore efforts is needed substantially, structurally and especially Culturally so that Woman emancipation in politics can be realized.