Sort by
The Legal Position of the Indonesian Ulema Council in Applying the Principles of Islamic Law in Islamic Banking Operations in Indonesia

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles.

Open Access Just Published
Relevant
Implementation of Good Faith Principles in Trade Contracts in Indonesia

The principle of good faith is a fundamental basis for establishing contractual relationships, including trade contracts in Indonesia. The application of this principle is important to create a conducive, fair and transparent business climate. The purpose of this study is to examine the application of the principle of good faith in trade contracts in Indonesia. This research uses qualitative research methods by collecting data using literature review techniques. then after the data is collected, it is analyzed using steps such as selecting data, presenting data and finally making conclusions. The research findings show that the implementation of the principle of good faith in trade contracts in Indonesia is regulated in Article 1338 paragraph (3) of the Civil Code, which emphasizes the importance of the principle of good faith and fair dealing in the entire contract process, starting from negotiation, contract arrangement, contract implementation, to dissolution. contract. In Indonesian law, good faith is applied not only during contract implementation but also in the pre-contract stage, namely before the contract is signed. This is important to protect the parties involved in the transaction from losses. The use of the good faith principle in commercial contracts in Indonesia has also been applied in several judicial cases, such as in life insurance contracts, where the court ensured that the good faith principle was applied to protect the rights of the parties involved. Apart from that, the principle of good faith is also applied in the choice of law for foreign direct investment contracts Indonesia.

Open Access Just Published
Relevant
Handling of Corruption Crimes at the Tanggahan Peken Village Credit Institution, Susut District, Bangli Regency Handled by the Bali Police

Lembaga Perkreditan Desa (LPD) is a vital financial institution for traditional villages in Bali, whose role is to save funds, provide credit, and support village development. However, some LPDs, such as Tanggahan Peken LPD in Bangli Regency, have experienced legal problems related to alleged corruption crimes committed by their administrators. The purpose of this study is to determine and analyze the handling of criminal acts at the Tanggahan Peken Village Credit Institution, Susut District, Bangli Regency handled by the Bali Police. The natural method of this research uses empirical legal research. The results showed that the occurrence of criminal acts of corruption committed by the Tanggahan Peken LPD management was caused by internal factors from the individual aspect of the LPD management to gain profit, enrich themselves and perpetuate their positions and external factors from the organizational aspect, namely the lack of regular guidance, supervision and audits carried out by LPD internal supervisors and LPLPD as technical supervisors and audits. The handling of corruption crimes by the Bali Police at the Tanggahan Peken Village Credit Institution (LPD) uses Standard Operating Procedures (SOP) from the process of receiving public complaints, investigating and investigating. Creating effective investigation and investigation plans. Investigators also conduct independent audits and examinations by involving experts in the field of accounting and auditing, experts in the field of economics and experts in criminal law.

Open Access Just Published
Relevant
Experimental Photography Study by Kurnia Ngayuga Wibowo “Memory Lane”

The work Experimental Photo Memory Lane by Kurnia Ngayuga Wibowo is a notable piece that has been featured in various prestigious exhibitions, such as "Permata Youth Photostory" organized by Permata Photojournalist Grant and Pannafoto Institute, Bandung Photography Triennale, Bandung Photography Month, and SEA Reading Photobookdummies in Taiwan. This work is considered a masterpiece by Kurnia Ngayuga Wibowo and serves as a compelling example of experimental photography. The appreciation of such a work is often conducted through art criticism, which plays a crucial role in interpreting and appreciating the underlying content of a photographic work. Understanding and interpreting each photograph can vary significantly, depending on the perspective of the critic or the photographer. The purpose of this research is to explore and analyze the artistic elements and intentions behind the Memory Lane series through the lens of art criticism, specifically using Feldman’s art criticism theory. This qualitative study utilizes Feldman’s four-step approach to art criticism-description, formal analysis, interpretation, and evaluation—to gain a deeper understanding of the photography series. The findings of this research reveal that Memory Lane represents a form of experimental photography, which navigates various challenges inherent to the medium, particularly in terms of storytelling through images. The study demonstrates how art criticism can provide diverse perspectives on a single work of art and how these perspectives can be integrated with other art forms to enrich the overall interpretation. The implications of this research extend to the broader field of art criticism and photography, highlighting the importance of critical analysis in understanding the multifaceted nature of photographic art and its capacity to convey complex narratives.

Open Access Just Published
Relevant
Criminal Law Enforcement Against Perpetrators of Sexual Intercourse with Biological Children

Criminal law enforcement is important in dealing with cases of incestuous sexual relations involving children, aiming to uphold justice and protect victims from harm. The main objective of this study is to examine the effectiveness of law enforcement in the jurisdiction of Tabanan Police in handling cases. Using empirical research methods, this study analyzes legal principles such as the rule of law, legislation theory, legal protection, legal responsibility, and legal effectiveness. This research focuses on a specific case documented in Police Report No. LP-B/35/VII/2020/B: LP-B/35/VII/2020/Bali/Res Tbn, in which the perpetrator, MSP, was charged with violating Article 81(3) of the Child Protection Law, in conjunction with Article 64(1) of the Criminal Code, or alternative provisions under the law. The results showed that there are significant challenges hindering effective law enforcement, particularly the lack of qualified law enforcement officers compared to the number of cases, which hinders optimal case handling in the jurisdiction of Tabanan District Police. This research argues that effective law enforcement is essential not only to sanction perpetrators but also to ensure justice and protect child victims from violence and crime. The implications of this study underscore the need for increased competence among law enforcement officials to effectively handle such sensitive cases. By bridging the gap between legal provisions and law enforcement, this research advocates for systemic improvements to strengthen the law enforcement framework in combating the crime of incest against children.

Open Access Just Published
Relevant
Legal Protection of Children's Personal Data in the Digital Era

In the rapidly evolving digital era, the use of digital technology has become an integral part of everyday life, including for children. However, this development also raises concerns about the protection of children's personal data in the digital environment, which is vulnerable to misuse and exploitation. The purpose of this study is to determine and analyze the legal protection of children's personal data in Indonesia in the context of the digital era and explore the negative impact of the abuse of children's privacy rights in the digital environment, using a normative juridical research method with a statutory approach. The results show that in Indonesia there are several laws that protect children's personal data, such as the Child Protection Act, the Electronic Information and Transaction Act, the Personal Data Protection Act, the Minister of Communication and Information Technology Regulation, and the Government Regulation on Compensation for Children Who Are Victims of Criminal Acts. The negative impacts of the misuse of children's privacy include the risk of cybercrime, impaired child development, and emotional trauma. Therefore, efforts to improve the protection of children's personal data in the digital era are still needed by the government, technology platform providers, and parents to create a safe online environment that supports children's growth and development. The findings of this study have significant implications for policymakers, legal practitioners, and stakeholders involved in child protection in the digital space. Strengthening the legal framework and ensuring its effective implementation are important steps to protect children's personal data from misuse.

Open Access Just Published
Relevant
Legality Of IDK Stablecoin In Legal Perspective In Indonesia

Stablecoins have emerged as an innovation in the cryptocurrency ecosystem, offering the desired stability of value while maintaining the decentralized characteristics of blockchain technology. One such example is the stablecoin IDK, which claims to provide stable value and wide usage in Indonesia. However, the development of these stablecoins raises important questions about their legality within the Indonesian legal framework. This article aims to analyze the legality of the IDK stablecoin from an Indonesian legal perspective, focusing on regulatory aspects, legal validity, consumer protection and its potential impact on the country's monetary and financial system. This research uses a normative legal analysis method by referring to relevant legislation, the views of financial authorities, and existing legal principles. First, this article will examine the existing regulatory framework in Indonesia regarding cryptocurrencies and digital assets, and its relevance to the IDK stablecoin. Second, we will discuss the legal validity of the IDK stablecoin from a contractual and currency perspective, as well as whether this is in accordance with applicable legal principles. Finally, this article will analyze the potential impact of the use of the IDK stablecoin on the Indonesian monetary and financial system, including implications for monetary policy, financial stability and consumer protection. The results of this study are expected to provide a deeper understanding of whether the IDK stablecoin complies with Indonesian law. The implications of this analysis can provide guidance for regulators, industry players and other related parties in dealing with legal issues that arise along with the development of financial technology. As such, this article can become a foundation for further discussion on stablecoin regulation in the context of Indonesian law.

Relevant