ORIGINAL RESEARCH ARTICLE | April 4, 2023
Effects of Insecurity on Igangan, Tapa and Ayete Community in Ibarapa North Local Government Area, Oyo State, Nigeria
Oyekola Martins Adewale, Adewuyi Gbola Kehinde, Ajibade Oludare Sunday
Page no 195-205 |
10.36348/sijlcj.2023.v06i04.001
This study aimed at examining the effects of insecurity on farming activities, community member mobility, community development projects and extent to which insecurity promote disunity amongst members in Ibarapa North Local Government Areas of Oyo State, Nigeria. The study adopted field survey methods through social survey approach involving a descriptive survey design through structured questionnaire to sample the opinion of residents of Igangan, Tapa and Ayete on the effects of insecurity on their community and as well granted interviews to some affected victims. A population of 3000 residents’ consisting Igangan, Tapa and Ayete communities was targeted. However, random and proportionate-stratified sampling techniques were applied to select 1000 community residence. Two hypotheses consisting of three questions were formulated for this study. Hypotheses were tested to show if there is or no significant relationship between the effects of insecurity and the promotion of disunity among community members in the study areas. Responses to the questionnaire was analysed using Likert scale of Agreed (A), Strongly Agreed (SA), Disagreed (D), and Strongly Disagreed (SD) and the hypotheses was tested using Chi square statistical tools. The results from the study shows effects of insecurity are on faming activities, community people mobility; community development projects and greatly promotes disunity amongst the members of the community. Therefore, this study recommends that the Government, security agencies, local government chairpersons, political office holders, companies operating in these crimes prone areas and also engages stakeholders (i.e. the chiefs, youth leaders, and other community leaders) in town hall meetings and collectively come up with lasting solutions to the insecurity that is affecting their communities.
ORIGINAL RESEARCH ARTICLE | April 15, 2023
The Anti-Corruption Measures in the Countries of the Middle East
Fortunata Giada Modaffari
Page no 206-208 |
10.36348/sijlcj.2023.v06i04.002
This article analyzes the measures and regulations introduced in the countries of the Middle East regarding the fight against corruption at a public and private level, with the consequent analysis of the changes that have occurred over the years since the signing of the Arab Anti-corruption Convention and then arriving at the very latest regulatory changes introduced locally in some States with reference to Anti-Corruption legislation and the protection of employees in cases of Whistleblowing. Specifically, the situation was quickly analyzed in Kuwait, Saudi Arabia (KSA) and the United Arab Emirates (UAE), which to date are the most exemplary models in terms of business and market protection, also in consideration of the sudden growth which they observed in terms of setting up a company at a private level.
ORIGINAL RESEARCH ARTICLE | April 15, 2023
Registration of Transfer of Land Rights in the Justice-Based Indonesian Legal System
Anis Mashdurohatun, Arpa Syura Tambuno, Sri Endah Wahyuningsih, Mahmutarom, H. R
Page no 209-215 |
10.36348/sijlcj.2023.v06i04.003
The transfer of land rights is one of the events and/or legal actions which resulted in the transfer of land rights from the owner to the party other. The transition can be intentional due to legal actions such as: buying and selling, leasing and so on, and also not intentional because of this legal events such as the transfer of rights due to inheritance. This study aims to analyze the current construction of regulation on the registration of transfer of land rights, and find the Registration of Transfer of Land Rights in the Indonesian Legal System Based on the Value of Justice. This type of research is qualitative research. This research uses a social legal research approach. The type of data used is primary and secondary data. Data analysis was done through descriptive analysis. The results of the study found that the registration of the transfer of land rights in not guaranteeing legal certainty and based on the value of justice. This is influenced by the land registration system used in Indonesia in the form of a negative publication system with a positive tendency. In a negative registration system (negative system) with a positive tendency, the government does not provide guarantees for legal certainty for holders of legal evidence (certificates). The government is also not responsible for the data and information contained in land rights certificates. Data and information are considered correct as long as no other party is suing. So it is necessary to reconstruct the regulation of the transfer of land rights from a negative system to a positive system.
ORIGINAL RESEARCH ARTICLE | April 15, 2023
Reconstruction of Civil Case Execution Regulation on the Implementation of Uitvoerbaar Bij Voorraad Based on Justice Value
Saddam Husein, Widayati, Anis Mashdurohatun, HM.Ercham Amin
Page no 216-224 |
10.36348/sijlcj.2023.v06i04.004
The Institute for Immediate Decisions (UitVoerbaar Bij Voorraad) currently does not prioritize human rights and equal protection before the law, because the regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) are uncertain in their application. The purpose of this study is to find and analyze the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) which currently have not been able to realize Pancasila justice; Weaknesses of the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) in Indonesia at this time; and Reconstructing Civil Case Execution Regulations for the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Pancasila Value of Justice. In this study, the constructivism paradigm was used, the socio-legal research approach method. The data sources in this study consist of primary data sources and secondary data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials. Related to qualitative descriptive data analysis. Legal theory as an analysis of Grand Theory (Pancasila justice theory), Middle Theory (legal system theory), Aplaid Theory (Progressive Law). The findings of the study are that (1) the Civil Case Execution Regulation on the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Value of Justice has not been able to realize Pancasila Justice, because it does not prioritize human rights and legal certainty as characteristics of Pancasila justice. Apart from that, it appears that unequal treatment before the law, because of the regulations as stipulated in article 180 paragraph (1) HIR / article 191 paragraph (1) RBG, there must be Authentic Evidence of the Plaintiff, so the Immediate Application of the Decision cannot be dropped if each - each party has authentic evidence. (2) Weaknesses in the Civil Case Execution Regulations regarding the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad). In substance, this regulation is still floating (floating norm) so that the Immediate Decision cannot be implemented and executed (non-executable). This is what causes the legal structure, namely the Court does not comply with the Application of the Immediate Decision (Uitvoerbaar Bij Voorraad). This fact can become a legal culture that is not good, both within the judiciary itself and among justice seekers and society. (3) Reconstruction of Civil Case Execution Regulations on the Implementation of Immediate Decisions (UitVoerbaar Bij Voorraad) based on the Value of Justice by Removing Article 180 paragraph (1) HIR / Article 191 paragraph (1) RBG, to realize Pancasila justice which prioritizes human rights and equality before the law.
ORIGINAL RESEARCH ARTICLE | April 15, 2023
Reconstruction of Marriage Dispensation Regulations in the Perspective of Human Rights Based on the Value of Justice
Sriono, Anis Mashdurohatun, Sri Kusriyah, Ahmad Rofiq
Page no 225-233 |
10.36348/sijlcj.2023.v06i04.005
Marriage dispensation is the granting of permission to marry against deviations from the minimum age permitted in the marriage law. Marriage dispensation can be requested from the court with urgent reasons and must be married immediately. This urgent reason has caused debate, because based on the determination of the religious court as a whole it grants or gives dispensation approval to prospective brides who are pregnant or have committed acts prohibited by religious law and decency. While reasons other than that can be rejected by the judge. The purpose of this research is to analyze and find the reconstruction of the regulation of marriage dispensation in the perspective of human rights based on the value of justice. This study uses the Postpositivism paradigm, with an empirical juridical approach that uses primary data. Methods of data collection using interviews, observation, and field systems. The legal theory used in this dissertation is the theory of justice as the Grand Theory, the middle theory of the legal system theory and the Applaid theory of the theory of benefit. The results of this dissertation research found that the regulation of marriage dispensation in the perspective of human rights has not had the value of justice, namely the current marriage dispensation system based on Law Number 16 of 2019 has not fulfilled a sense of justice related to equal rights before the law and Article 28 B of the Law -The 1945 Constitution of the Republic of Indonesia, it can be seen that dispensation is only given to prospective brides who are pregnant. The current weaknesses in the regulation of the dispensation of marriage in the perspective of human rights are weaknesses in legal substance, legal structure and legal culture. The weakness of the marriage dispensation system is that it does not provide a clear understanding of the urgent reasons, causing debate regarding the urgent reasons and giving rise to the interpretation that the urgent reason is that the candidate is pregnant and results in differences of opinion from the judges. Reconstruction of the regulation on the dispensation of marriage in the perspective of human rights based on the value of justice, namely by reconstructing the provisions in Article 7 paragraph (2) of Law Number 16 of 2019, namely that it is necessary to change the sentence or phrase "reasons are very urgent" and amended with the phrase "which based on the interests of the candidate.
ORIGINAL RESEARCH ARTICLE | April 23, 2023
The Construction Law in the Middle East
Fortunata Giada Modaffari
Page no 234-238 |
10.36348/sijlcj.2023.v06i04.006
This article analyzes the structuring of Construction Law in Middle Eastern countries. It is an excursus that deals specifically with what the Muqawala contract is, its usefulness and also its history, up to an indication of the most important issues and elements of construction contracts in Middle Eastern countries. Specifically, the most important and legally interesting case relating to the resolution of disputes related to incorrect contractual execution was also analysed. In addition, a further analysis was carried out on Arbitration as one of the most common instrument and also the most common form of dispute resolution in contracts involving international Parties and related to the same on a number of increasingly widespread and increasingly used local arbitration bodies including the Dubai International Arbitration Center and DIFC/LCIA Arbitration Centre.
ORIGINAL RESEARCH ARTICLE | April 23, 2023
Legal Reconstruction of Regional Government Public Safety Based on Justice Values
Gunarto, Joncik Muhammad, Erli Salia
Page no 239-244 |
10.36348/sijlcj.2023.v06i04.007
The aim of the research is to examine and analyze the weaknesses of regulations on The Regional Government Public Safety, and how to reconstruct the regulations based on justice value. This research was conducted using socio-juridical research which is a legal research method that functions to see the law in its real sense and examines how the law works in a society that is analytically descriptive using primary and secondary data and using the theory of pancasila justice as a grand theory. The weakness of regional government policy regulations in the field of public security and peace is the regulatory factors where the provisions of RI Law Number 23 of 2014 regulate in a limited manner regarding the requirements to be appointed as civil service police. therefore The Legal Reconstruction of Regional Government Public Safety based on the values of justice is the provision of Article 26 of the Republic of Indonesia Law Number 23 of 2014 and Article 255 of Law of the Republic of Indonesia Number 23 of 2014, that regulate the main task of the Satpol PP to enforce regional regulations and regional regulations, administer public order and peace and carry out community protection. In carrying out these basic tasks, Satpol PP must be equipped with authority. Furthermore, the reconstruction of Article 256 of RI Law Number 23 of 2014, that this article regulates the requirements to be appointed as civil service police. The provisions of this article regulate, although limited, the requirements referred to so that in practice it will be difficult to fulfill them, therefore the regional head can make a policy or discretion. However, this is appropriate when viewed from the hierarchy of laws and regulations because the regional head's policies are not in accordance with the norms stipulated in the provisions of Article 256 of the Republic of Indonesia Law Number 23 of 2014.
ORIGINAL RESEARCH ARTICLE | April 23, 2023
Legal Reconstruction of Corruption Crime As A Result of the Abuse of Authority Based on the Pancasila Justice Value
Bambang Tri Bawono, Emilwan Ridwan, Anis Mashdurohatun, Sri Endah Wahyuningsih
Page no 245-250 |
10.36348/sijlcj.2023.v06i04.008
The aim of the research is to examine and analyze the weaknesses of regulations regarding corruption crime as a result of the abuse of authority, and how to reconstruct the regulations based on justice value. This research was conducted using socio-juridical research which is a legal research method that functions to see the law in its real sense and examines how the law works in a society that is analytically descriptive using primary and secondary data and using the theory of pancasila justice as a grand theory. The research result shows that the Weakness is in the issue of light sentences for defendants in corruption cases has more or less had an effect on efforts to reduce corruption rates. It is impossible for the government and law enforcement officials to try to reduce the number of corruption cases if, on the other hand, these efforts are countered by light sentences from the Corruption Court and then There is a disparity in decisions in cases of corruption in Article 2 paragraph (1) and Article 3 of the PTPK Law not to mention the Corruption in Indonesia is very widespread and has penetrated all levels of society, a crime that has been deeply-rooted and systemic in the life of the nation and has a very detrimental impact on all aspects of life and Its development continues to increase from time to time. Therefore, a legal Reconstruction is needed in Article 3 of the Corruption Crime Law, by adding a minimum prison sentence of 5 years so that it reads to: "sentenced to life imprisonment or imprisonment for a minimum of 5 (five) years and a maximum of 20 twenty years". and added the revocation of political rights for 5 years against corruptors as an action that should be supported in order to provide a deterrent effect in eradicating corruption amid the low verdict on corruption cases.
ORIGINAL RESEARCH ARTICLE | April 23, 2023
Legal Reconstruction of Fund Distribution in the Implementation of Sharia Principles in Murabaha Financing Products
Mahdinur, Anis Mashdurohatun, Abdul Halim Barkatullah
Page no 251-256 |
10.36348/sijlcj.2023.v06i04.009
The objectives of this research are to analyze and find out the appropriateness of the application of sharia principles in Murabaha financing in sharia banking and how to reconstruct Murabaha financing in Islamic banking that is in accordance with Islamic principles. The method used in this study uses a juridical-empirical and normative approach with a constructivist paradigm. The result of the study shows that the application of sharia principles in Murabaha financing in sharia banking is not in accordance with sharia principles, because it contains two contracts in one transaction. In addition, the application of Wakalah contracts in Murabaha in buying and selling transactions in Islamic banking has the potential to cause usury, which is expressly prohibited in the Koran and hadith. By buying and selling Murabaha In Murabaha financing, the bank does not own and control the goods to be purchased by the applicant. The bank, in this case, provides financing in the form of money to financing customers, who then represent the purchase of goods ordered to financing customers on behalf of the bank with a Wakalah contract. Furthermore, banks also impose fines on late payments made by financing customers, which is also against sharia principles. Therefore the application of contracts to Murabaha financing that is more in line with the principles of Islamic law (fiqh muamalah) proposed by the author is by means of the bank purchasing goods to be purchased by the customer in advance after a previous agreement has been made. After the goods are purchased on behalf of the bank, they are then sold to customers at the acquisition price plus a profit margin according to the agreement. Purchases can be made in cash (cash), or in Installments either in the form of installments or all at once at a certain time where the customers can pay at a later time.