Realizing Food Self-Sufficiency Based on Syirkah bi al-Muzāra’ah Contract in Nusantara Capital City; A Proposal

The existence of legal protection for victims of criminal acts of terrorism is the greatest desiderata for the victims, however, is not the case with the existing reality. Things are interesting to study, regarding legal protection for victims of criminal acts of terrorism in Indonesian positive criminal law and the factors inhibiting the provision of legal protection. The method used is normative. The results indicate that there are three legislations were oriented towards victims of criminal acts of terrorism, however, in reality does not match the expectations of victims where there are still weaknesses, both in the aspect of legal substance component, legal structure, and legal culture. In response, the strengthening of legal substance, structure and culture needs to be done. Keywords: Protection, victims of terrorism, reality, desiderata

Food sovereignty, since first articulated in 1996, evaluations of the practice and potential of this emerging concept and its sub-elements got fast popularity, which first emerged from civil society publications. Indonesia experienced food law reform from Law number 7 of 1996 to Law number 18 of 2012. The purposes of the work were: (1) to understand the reform process from the old to the new Indonesia’s food law, (2) to investigate the impact of Indonesia’s food law reform on the concept of food sovereignty in Indonesia. The approach was doctrinal research. The paper used secondary data with primary, secondary, and tertiary legal materials. The scientific innovation of this paper is the use of legal systems to strengthen the food sovereignty in Indonesia, suggesting that the law is needed to ensure the food sovereignty in Indonesia. The results show that there is a paradigm shift in the Indonesia’s food law from food security and food self-sufficiency towards food sovereignty and in the content materials of new Indonesia’s food law which include the concept of food sovereignty. The present reasearch concluded that there is a reform in Indonesia’s food law and there is an impact - in term of legal substance, legal structure, and legal culture- of Indonesia’s food law reform on the concept of food sovereignty in Indonesia.

This study aims to provide an understanding to the public regarding sharia securities offerings to avoid losses through crowdfunding services as organizers of legal entities that provide, manage, and operate crowdfunding services. This study used a qualitative method by reviewing related literature on information technology-based crowdfunding services based on sharia principles. Fatwa of the National Sharia Council (DSN) MUI FATWA NO: 140/DSN-MUI/VIII/2021 concerning Information Technology-Based Financing Services based on Sharia Principles explaining that sharia securities services through crowdfunding must avoid usury, graham, and deadlines. This research makes investing in sharia securities in technology-based crowdfunding services based on sharia principles easier. This research has implications that it can make a significant contribution in protecting investors oriented to sharia principles, can have an impact on increasing public trust in crowdfunding services provided by legal entities and has an impact on increasing access to Islamic finance for individuals and groups who want to fund or finance projects in accordance with sharia principles.

The capital market that is widely used by people is not in accordance with the provisions contained in sharia principles. Therefore, a capital market with sharia. Conventional capital markets and Islamic capital markets have a similar concept but differ in principles and have different types of contracts. This difference between conventional capital market principles and the principles contained in the Islamic capital market results in the need for regulations that specifically regulate the Islamic capital market. so it is necessary to update the Law No. 8 of 1995 concerning Capital Markets. Judging from the legal system, the Sharia Capital Market still has weaknesses related to the legal substance, legal structure and legal culture so that reconstruction of Islamic capital market regulations must be conducted. The method used in this writing is analytical descriptive and uses a normative juridical approach.

The article aims at understanding the methodology of the sociophilosophical study of legal culture in its substantive, structural and functional dimensions, with a view to clarifying its social role and the genesis of its elements of legal culture. The relevance of the analysis of legal culture in relation to the new sociocultural paradigm is justified. Legal culture is viewed in the context of an axiological analysis of the content of the law-affirming principles as indicators of its degree of development. Various types of legal culture reflect a conscious understanding by citizens of the value of individual freedom and rights. A legal culture is a specific form of human existence in the sphere of law, which is embodied in the legal life of society and the professional culture of public authorities. It bases the mental and spiritual side of the entire legal system of society and legal awareness, legal relations, legal order, all forms of legal activity. It regulates human behavior, accepts sociocultural and historical particularities of society, and is a powerful tool for building social stability. Understanding the legal culture is linked to the democratic transition of society towards a modern sociocultural paradigm and a new type of legal relationship. Attention is drawn to the unresolved problems of the formation and functioning of a legal culture in the changing conditions of democratic transformation of society - the genesis of its structure, the priorities of building the elements of its structural hierarchy, and the correlation with the principles of law, as its ideological foundation. Even more significant is the problem of determining the connection of legal culture with the requirements of legal ethics in conditions of «ethics» functioning of power structures in their relations with citizens and institutions of civil society. Therefore, legal culture is to be studied in its substantive and functional interaction with legal ethics. In the era of the use of the Internet, information and communication technologies (ICT), social networks, electronic public management,«digital» the question of their influence on legal consciousness and culture were inevitably raised.

The purpose of this study is to know, shortly describe, analyze and assess the implementation, barriers, and the remedies to overcome obstacles in the legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang. The method used in this study, using a kind of sociological juridical research, analytical, descriptive, with data used are primary data and secondary data, and analyzed Qualitative. The results of this study are: (1) legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang preferably through peace settlement with restitution, (2) barriers in the legal protection for victims of terms: (a) the substance of the law: Act No.22 of 2009 and the Criminal Procedure Code has not been providing legal protection for victims and their families; (B) the legal structure: lack of personnel and infrastructure; and (c) the legal culture: the lack of public awareness; (3) the remedies to overcome these obstacles, in terms of: (a) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice.Keywords: Death; Victim; Traffic; Abuse; Legal Protection.

The purpose of this study is to know, shortly describe, analyze and assess the implementation, barriers, and the remedies to overcome obstacles in the legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang. The method used in this study, using a kind of sociological juridical research, analytical, descriptive, with data used are primary data and secondary data, and analyzed Qualitative. The results of this study are: (1) legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang preferably through peace settlement with restitution, (2) barriers in the legal protection for victims of terms: (a) the substance of the law: Act No.22 of 2009 and the Criminal Procedure Code has not been providing legal protection for victims and their families; (B) the legal structure: lack of personnel and infrastructure; and (c) the legal culture: the lack of public awareness; (3) the remedies to overcome these obstacles, in terms of: (a) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. Keywords: Death; Victim; Traffic; Abuse; Legal Protection.

The forced retrieval of the bodies of COVID-19 patients from the hospital occurred during the COVID-19 outbreak, such as the case that occurred in the Surabaya District Court Decision No. 1857/Pid.sus /2021/PN.Sby, in which the decision explains that the defendants forced the bodies of Covid-19 patients to be taken from the hospital and improperly managed the bodies, as in the decision the perpetrators who committed these acts by The panel of judges were declared legally and convincingly guilty of committing a crime: "Intentionally obstructing the implementation of epidemic control". This study is to find out the judge's considerations in imposing criminal penalties on perpetrators of crimes that hinder the prevention of epidemics in Decision No. 1857/Pid.sus/2021/PN. Sby and the analysis of the judge's decision were viewed from the perspective of Lawrence Friedman's Legal System Theory. Based on the results of the study, it is known that the judge's consideration in imposing a sentence on the perpetrator of a criminal act hinders the prevention of the epidemic in Decision No. 1857/Pid.sus/2021/PN. Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) Based on the results of the study, it is known that the judge's consideration in imposing a sentence on the perpetrator of a criminal act hinders the prevention of the epidemic in Decision No. 1857/Pid.sus/2021/PN.Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) Based on the results of the study, it is known that the judge's consideration in imposing a sentence on the perpetrator of a criminal act hinders the prevention of the epidemic in Decision No. 1857/Pid.sus/2021/PN.Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) Sby is that the actions of the Defendants caused unrest in the community. According to Lawrence Meir Friedman, a legal sociologist from Stanford University, the effectiveness and success of law enforcement depend on 3 (three) elements of the legal system, namely: 1) the substance of the law, related to legislation; 2) the legal structure (structure of law), concerning law enforcement officers; 3) legal culture (legal culture), is a living law (living law) that adopted in a society. The Judge's Decision Number: Number: 1857/Pid.sus/2021/PN. Sby is one of the efforts to carry out law enforcement so that it runs effectively and successfully.

In the context of efforts to improve the economy of rural communities, the government has set up a village-owned business entity through Government Regulation of the Republic of Indonesia Number 11 of 2021 concerning Village-Owned Enterprises. Village-Owned Enterprises (BUMDes) are legal entities established by villages and/or villages to manage businesses, utilize assets, develop investment and productivity, provide services, and/or provide other types of businesses for the most significant welfare Villagers. BUMDes business is an activity in the economic sector and/or public services managed independently by BUMDes and can form a BUMDes Business Unit. BUMDes is a business entity owned by the Village BUM that carries out economic activities and/or public services as a legal entity that carries out the functions and objectives of BUMDes. In the context of developing a BUMDes business based on sharia principles and quality development, on July 16 to 17, 2022, counseling was given on establishing and developing a BUMDes business based on Sharia principles and Quality Development in Pasir Jambu village, Ciwidey Bandung, West Java.

The concept of «legal culture» has been the subject of academic legal research over the past half century. It has attracted special attention in the postmodern research field, which is more interested in overcoming the limits of positivist legal analysis and is much better prepared for the challenges of interdisciplinarity. The concept of «legal culture», despite its inherent vagueness, is valued in the academic environment for its ability to broaden and deepen the understanding of national and regional legal systems and their components, to act, on the one hand, as evidence of legal uniformity and, on the other hand, of cultural difference, to emphasize legal identity and postulate the legal identity of individual human communities. The perception of law in its cultural determination takes researchers beyond the scope of exclusively legal texts and makes them sensitive to different models of legal thinking, assumptions, behavior and practices inherent in certain human communities. The concept of «legal culture» emphasizes the specific cultural ties that underlie a particular legal community. The obvious advantage of highlighting the legal and cultural uniformity of a certain group is its integrative functions: legal systems (subnational, national, integration or international) based on different legal concepts, rules, institutions and procedures can be linked at the legal and cultural level. The importance of legal and cultural analysis stems not only from the recognition of the existence of different levels of legal and cultural unity, but also from the need to observe the legal and cultural dynamics that exist within and between different legal cultures. This is due to the fact that legal culture can be constructed, deconstructed and reconstructed, and has a significant potential for evolution. The borders of legal culture are usually open to change (the process of Europeanization proves the validity of this conclusion), although this process is not fast and difficult to recognize as easily controlled. Legal traditions, as the core of national legal cultures, have undergone significant changes since the Second World War under the influence of modernization, industrialization, globalization and regional integration. The success of European legal integration and the process of European unification as a whole depends not only on artificial, top-down, harmonized or unified legislation, but also on the success of the process of forming a common European legal culture as a result of the Europeanization of 27 national legal cultures and, in particular, national professional legal cultures. In order for a meaningful and truly unified European legal order to be formed, it must be based on a European legal culture. Effective legal Europeanization directly depends, first, on the formation and perception by the societies of all 27 Member States of a system of common values, principles, ideas, ideals, models of legal argumentation, doctrines, theories, concepts, behavior and practice; second, on full compliance with the principles of EU law and direct application of EU law in the legal systems of the Member States, through the harmonization of national legislation with the provisions of EU law, as well as through formal judicial harmonization. Effective and equal application of EU law is directly conditioned by the formation of European judicial culture.

A notary is an official appointed by the Government and has the authority to carry out authentic deeds. Sharia contracts that are notarized to qualify as genuine instruments must comply with applicable laws and regulations. Therefore, the Notary when making a sharia contract deed is obliged to pay attention to the provisions of sharia law. The position of a notary and sharia principles are stated in the contract. One form of sharia contract that is widely used in BMT cooperatives is the murabahah contract. The purpose of this article is to explore and analyze the murabahah contract and the role of the notary in signing the murabahah financing contract deed at the BMT Cooperative. The method used in this article is the empirical legal method, which is described specifically with primary and secondary data and analyzed qualitatively. This article produces: (1) Murabahah financing contract is an agreement that is in accordance with sharia principles regarding the sale and purchase of goods with a medium of exchange accompanied by predetermined additions and (2) Notary is a public official who has the right to do so. authentic deed, considering how important the authority and role of the Notary is, the Notary must have extensive knowledge or understanding, one of which is related to the technique of executing the deed that will be carried out later. It is important for Notaries to understand the principles of sharia law, especially the principle that all their activities are based on Islamic law.

The issue of weak law enforcement in Indonesia is indeed not a new issue, but this issue has still not been resolved until now. The purpose of this discussion is to find the ideal law enforcement model in accordance with national values. First, the discussion of this article will look at the correlation between law enforcement and the legal system which ultimately can be concluded that law enforcement always correlates with the optimal legal system at work, namely legal structure, legal substance and legal culture. One of these sub-systems does not work properly and optimally, so the ideals of ideal law enforcement will not be achieved easily.
 This paper then discusses the hypotheses of the three law enforcement subsystems, in fact that legal culture being the main factor, namely the determination of other subsystems. A good legal culture will encourage legal structures to form substantive norms and implement legislation with responsibility. Next discussed is the determination of the reconstruction model of legal culture that has the Pancasila dimension. Pancasila in this case becomes a filter in reconstruction the legal culture in order to enforce the law in accordance with the original noble values ​​of the Indonesian nation. Bad habits in the community should not be interpreted as a noble culture of the nation.
 
 Keywords: “legal structure”, “legal substance”, “legal culture”, “reconstruction”, “Pancasila”

Sharia fintech as a financial technology innovation based on sharia principles is growing rapidly and becoming a financial inclusion solution that reaches the wider community, especially those who want sharia-compliant financial products. However, the development of sharia fintech requires adaptive regulations so that its implementation does not conflict with the principles of sharia economic law and is able to provide protection for consumers. This study aims to examine the regulations governing sharia fintech in Indonesia and how they are implemented in supporting sharia-compliant financial inclusion. The method used is a qualitative study with analysis of regulatory documents and interviews with sharia fintech industry players and regulators. The results of the study revealed that sharia fintech regulations are currently still in the development stage and require synchronization between financial authorities and sharia supervisory institutions. On the other hand, sharia fintech has been able to expand financial access for people who were previously unreached by conventional banking. However, there are challenges in ensuring that all transactions are in accordance with sharia principles and consumer data protection. This study recommends strengthening the regulatory framework that accommodates the dynamics of technology and sharia principles in a balanced manner and increasing education for the community and fintech business actors. Thus, sharia fintech can be an effective instrument in encouraging inclusive and sustainable economic development in accordance with Islamic values.

Company personality independence and shareholders limited liability is the basic principles of the company law, legal person personality denial system is the company personality independence and shareholders limited liability exceptions, legal person personality denial system stipulates the abuse of company legal person independent status and shareholders limited liability shareholders bear joint and several liability for the company’s debt, the responsibility of the system does not involve the actual control of the company. But in reality, no matter what the size or nature of the company, the emergence of the actual controllers is always inevitable and commonplace. The actual controller of the company is not a shareholder of the company in small and medium-sized enterprises, but they often use their dominant position to abuse the independent status of the company and infringe the interests of creditors. Usually, the practice is to control the company through other shareholders in the form of capital contribution or manipulate the company in other ways. In view of the prominent problem that the actual controller abusing the independent status of legal person infringes on the interests of creditors in practice, it is necessary to summarize the judicial practice experience to strengthen the responsibility of the actual controller. Whether the legal personality denial system as the basis of the judgment is applicable to the actual controller is worth thinking and studying.

The national banking legal system uses two operational principles, namely conventional and sharia. Sharia banking was born and based on the Islamic legal system. Islamic banks in Indonesia have only been operating for about 25 years. This is still relatively new compared to conventional banks which have been used for more than a century. Various regulations were made to support the development of Islamic banks. This paper will examine the scope of the national banking legal system and the implementation of sharia principles in the material law of the national banking legal system. From the results of the study it was concluded that: (1) The legal system of Islamic banking in Indonesia consists of three components of the legal system, namely legal substance (material law and formal law), structure, in the form of institutions that support Islamic banking, and culture, both corporate culture , as well as the culture of society. This is in accordance with the elements of the legal system put forward by L. Friedman. (2) The implementation of sharia principles in material law within the scope of the national banking legal system has been embodied in laws and regulations in the banking sector which contain sharia principles. Hierarchically starting from the constitution, namely the 1945 Constitution, Government Regulations, Financial Services Authority Regulations, National Economic Law Compilation and DSN-MUI Fatwas. However, in a number of regulatory matters (material law) Islamic banking is still the same as conventional banks.