Normative Method Research Articles

Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator

AbstractThe curator is a subject of Bankruptcy Law who has complete authority and responsibility for managing and resolving the bankruptcy estate. Curators are required to have integrity and are prohibited from having conflicts of interest with their duties and authorities. The issue raised in this study is the application of the principles of statutory duty and fiduciary duty in the responsibility of the bankruptcy curator. This study aims to identify, understand, and analyze bankruptcy law regarding the curator’s responsibility based on the principles of statutory duty and fiduciary duty. This study employed a normative method by examining the consideration materials to conclude. The results of the analysis in this study indicate that in carrying out the duties of managing and settling, the curator must comply with the principles of statutory duty and fiduciary duty as regulated in Law Number 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations and the code of ethics of the curator profession. The curator’s actions that can harm the parties, whether creditors or bankrupt debtors, can be personally accounted for outside the bankruptcy estate by imposing civil, criminal, or administrative sanctions. Keywords: Halal Tourist; Additional Service; Local Economy.

Al-Buti's Thoughts on Maslāhah and Its Application in the Fatwa of World Fatwa Institutions

This study aims to explore and analyze al-Buti's thoughts on maslahah (public interest) and its application issued by world-prominent Fatwa Institutions, namely Ḍār al-Iftā al-Miṣriyah in Egypt, Ḍār al-Iftā al-‘Irāqiyah in Iraq, and al-Majlis al-Islamī al-Sūrī in Syria. The research adopts a normative method, employing conceptual, literary, and sociological approaches that is analyzed descriptively. The findings of this research focus on the application of al-Buti's concept of maṣlaḥah to the online marriage contract fatwas issued by the aforementioned Fatwa Institutions. The results indicate that these fatwas do not align with a credible interpretation of maṣlaḥah within Islamic law. Further, it can be seen that two key points support this conclusion: (i) they contradict the maqāṣid sharī'ah (objectives of Islamic law), particularly the highest objective of preserving religion (hiẓ al-dīn), and (ii) the urgency of maṣlaḥah in the context of online marriage contracts varies and cannot be universally applied. This research contributes to the enhancement of fatwa decision-making processes in Indonesia.

Legality of usage of Artificial Intelligence and Machine Learnings by Share Market Intermediary

Artificial Intelligence (AI) and Machine Learning (ML) are increasingly utilized in share market services due to significant efficiencies and benefits for companies and investors across the globe. This has resulted in an alteration in the firm’s business models and has a potential impact on the effectiveness of the share market and could harm investors. Indian share market is also witnessing the usage of this technology by market intermediaries. The present regulatory framework of Securities Exchange Board of India (SEBI) on share market intermediaries is not dealing with the Fintech/ technology 2.0-based products and services offered in retail trading and investment advisor platforms in India. The research is primarily based on the normative method presenting a qualitative analysis of the usage of AI & ML in various business models by share market intermediaries. How various share market regulators are addressing and regulating this technology usage and their judicial exposition. The paper concludes that the Indian share market is no exception & SEBI require to look at this new transformation and address the challenges posed by it. SEBI needs to take a proactive step to promote, guide & regulate usages of AI & ML which is gradually seeking the attention of Indian share market intermediaries into their business models and get the maximum benefit out of these technologies.

Impact of the Russia-Ukraine war on the energy sector in southeast asia

The conflict between Russia and Ukraine has spread, having a variety of implications on the global community. Where the world's two biggest energy producers are at conflict with one another. In this research, topics like "climate ambition," the impact of rising oil prices on each of Southeast Asia's nations, and its impact on airline ticket costs are discussed. The purpose of this research was to determine whether Southeast Asia's influence was tied to energy. Data for this study is gathered by content analysis of published books, websites, and journals. Qualitative methods of descriptive explanatory research are used to characterize the object or subject under study, while explanatory answers explain why a situation or circumstance exists. The findings of this study revealed several factors related to Southeast Asia's failed "climate ambition," as well as an increase in oil prices, which caused many Southeast Asian countries to experience price increases for basic goods. Meanwhile, some countries are spared significant consequences because they have their own oil resources Southeast Asian countries with their own sources of oil energy are less affected by the Russia-Ukraine war, but overall inflation of 4.7% at the end of 2022 hampered climate ambition. This research will use qualitative with normative method which find the fact thar Ukraine and Rusia war is impacted to economic global including Asia through global trade.

Indonesian Trade Policy in Adjusting the 2020 WTO’s Trade Policy Review

This article analyzes the Trade Policy Review Body (TPRB) review of Indonesia in 2020, mainly in the agricultural sector, and how Indonesian compliance with the WTO Agreement is helpful for the Trade Policy Review Mechanism (TPRM). This study uses the normative method by gathering primary and secondary legal sources. The 2020 TPRB review perceives that Indonesia has applied untransparent safeguard measures related to its agricultural products, prohibited subsidies, and quantitative restrictions on other WTO member states. However, the Job Creation Law, launched in 2020, can be viewed as a proportional law as it puts imported products in an equivalent position with domestic agriculture or food products. The discussions reveal that Law No 11/2020 aims to balance its national interest with the WTO Agreement and the TPRB review of Indonesian trade policy, mainly in agriculture. With such legal certainty, this article recommends that Indonesia consider the TPRB review in good faith by invoking transparent safeguards, reducing its export subsidies on agricultural products, conducting a persistent report to the Committee on Agriculture, and protecting its public health and morals. The Indonesian government should also conduct text mining to determine its trade policies and deal with international trade uncertainty.

Online Marriage in the Perspective of Fiqh nawazil

Online marriage is a phenomenon of the global Muslim community, which raises different opinions from Islamic jurists about its validity because there is no Al Qur’an argument and hadith text, so it requires legal elaboration. This article discusses the online marriage practice as a phenomenon of contemporary Muslim society and online marriage from the perspective of fiqh nawazil. Thus, the arguments (nash) of the online marriage phenomenon can be explained clearly and comprehensively. This research used normative method with a conceptual, philosophical, and comparative approach between maslahat and mafsadat. The study results show that online marriage is a marriage carried out using online media, such as video calls, Zoom meetings, Webex, and Skype. Online marriage has fulfilled the pillars of marriage, but some conditions that have not been fulfilled, i.e., ijab and qabul, must be said in one location. The use of fiqh nawazil is very suitable to be used as a theory of analysis by using one rule, namely "al-Muwazanah bayna al-Mashalih wa al-Mafasid" (considering maslahat and mafsadat). From the perspective of Fiqh nawazil, an online marriage contract is not legal. It is based on the tarjih theory "dar-u al-Mafasid Hall min Jalbi al-Mashalih," where preventing mafsadat (disadvantage) is more crucial than realizing maslahat (benefit).

Pemenuhan Penilaian Aspek Transaksi Berjaminan Dalam Business Ready (B-READY) Sebagai Upaya Perbaikan Iklim Investasi Indonesia

To improve the investment climate and increase foreign investment, the Government can make policies that refer to international standard parameters. Business Ready (B-READY) is a parameter to measure investment and business climate that can be used by investors to determine the host country. One of the things assessed in B-READY is related to aspects of secured transactions as part of the assessment of the financial services sector. Access to finance is one of the important things in the sustainability of a business. Secured transactions are one of the instruments commonly used in providing financing. With the juridical normative method, this paper will emphasize the use of secondary data related to the B-READY assessment methodology and laws and regulations related to secured transactions in Indonesia. Based on the analysis carried out, it is found that there is a fragmentation of regulations related to secured transactions, which is not in line with the assessment of indicators on B-READY that require an integrated regulatory framework regarding secured transactions. This paper considers that it is necessary for the regulatory framework related to secured transactions to adopt the assessment indicators on aspects of secured transactions in the B-READY parameter.

Pelibatan Komisi Pemberantasan Korupsi dalam Pengawasan Hakim Mahkamah Agung dalam Lingkungan Peradilan Perspektif Fath Dhari’ah

The question is still often asked whether the Corruption Eradication Commission (KPK), in carrying out its function as the vanguard of corruption eradication (TIPIKOR), also supervises judges within the Supreme Court (MA) judiciary. Even though from a juridical perspective, the KPK's authority is not included in the supervision of individual Supreme Court judges who have become the authority of the Judicial Commission (KY), the KPK continues to supervise issues of corruption, gratuities, buying and selling of cases and other forms of TIPIKOR within the Supreme Court justice environment, and not judges as the object. This research envisages what if the KPK is involved in supervising Supreme Court judges by using the thinking method of Fath Dhari'ah, which considers the good and bad consequences of establishing law. This study uses a normative method with descriptive analysis techniques. The result of this study is that the involvement of the KPK in supervising Supreme Court judges in the Supreme Court justice environment contains more mafsada than the desired maslahah.

Pembatasan Terhadap Hak-Hak Perempuan Oleh Taliban Perspektif Convention On The Elimination Of All Forms Of Discrimination Against Women

Introduction: This research discusses about about restrictions on women's rights by the taliban perspective convention on the elimination of all forms of discrimination against women (CEDAW) 1979 relating to cases of discrimination against women by the Taliban in Afghanistan. The Taliban restricts women's rights leading to discrimination against women.Purposes of the Research: This study aims to restore the rights of women who are restricted by the Taliban related to women's rights convention on the elimination of all froms of discrimination against women (CEDAW) 1979. Methods of the Research: This research uses the juridical normative method by using a statutory approach, a conceptual approach, and a case approach.Results of the Research: from the writings of the Taliban who have controlled Afghanistan, the Taliban have restricted women's rights. The rights of women that are limited by the Taliban are the right to get decent work and education. In convention on the alimination of all forms of discrimination against women (CEDAW) 1979 Article 10 regulates education and article 11 regulates employment.

Prinsip Peradilan Bebas dan Tidak Memihak dalam Negara Hukum: Studi Putusan Mahkamah Konstitusi Nomor 53/PUU-XIV/2017 Mengenai Verifikasi Partai Politik

The Constitutional Court holds the independent authority of the state to administer justice in upholding law and justice. However, one phenomenon that occurs in recent years is the decline in people's trust towards the independent judicial institutions topped off by the absence of intervention which has eventually led to serious polemics in the society. This is also due to the fact that it appears as if the law is no longer serves as a tool for seeking justice, but rather a tool for perpetuating power. This article aims to identify and examine how the principle of free justice in rule of law is implemented in the Constitutional Court decision no. 53/PUU-XIV/2017 on political party verification. The method used is a normative method which positions law as a system of norms for analyzing laws that have been decided by judges through the court process. The results of this research show that the Constitutional Court judges in the Constitutional Court decision Number 53/PUU-XIV/2017, especially regarding political party verification, were guided by the constitution and upheld the principle of an independent and impartial judiciary in the principles of the rule of law. This can be seen from legal considerations that the Constitutional Court considers the obligation to carry out political party verification of all political parties participating in the general election as a whole, both in the 2014 election and new political parties in 2019, so that there shall be no differences and discrimination.

Juridical Review Regarding Cases of Corruption in Social Assistance Funds during the Covid-19 Pandemic

The Covid-19 pandemic that has hit the world has had a major impact on the country's economy. Indonesia is one of many countries that are trying to restore economic conditions by holding government programs such as social assistance. However, the program was misused by Juliari P. Batubara as an official of the Minister of Social Affairs who committed the criminal act of corruption in aid funds for personal use. Therefore, these actions are very detrimental and must be held criminally accountable for the perpetrators in order to provide a deterrent effect. The results of this study are that the death penalty is appropriate for those who are not responsible for using social assistance funds belonging to underprivileged people. In the writing that we make, this writing is motivated by Pancasila and the Law. So have the authorities carried out the appropriate punishment for the perpetrators? This act has been regulated in Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. This research uses a normative method which is carried out by examining library materials or secondary data.

PERLINDUNGAN HUKUM TERHADAP KERAHASIAAN DATA PRIBADI WAJIB PAJAK DAERAH DI BADAN PENDAPATAN DAERAH KOTA SURABAYA

Based on Article 1 paragraph 1 of the Law of the Republic of Indonesia Number 27 of 2022 concerning Protection of Personal Data personal data refers to individual information that can be identified directly or through a combination with other data, either through electronic or non-electronic systems. Article 1 Letter a Law of the Republic of Indonesia Number 9 of 1994 concerning Amendments to Law Number 6 of 1983 concerning General Provisions and Tax Procedures explains that taxpayers refer to individuals or entities determined by tax laws and regulations and have obligations taxation, including certain tax collectors or withholding. Protection of taxpayer personal data at the Regional Revenue Agency for the City of Surabaya is important to ensure that data processing takes into account the constitutional rights of taxpayers. Law Number 27 of 2022 concerning Protection of Personal Data gives rights to personal data subjects to delay or limit the processing of their personal data. This study uses a normative method to evaluate whether the interpretation of personal data protection in Law Number 27 of 2022 concerning Personal Data Protection has been integrated into the Law of the Republic of Indonesia Number 7 of 2021 concerning Harmonization of Tax Regulations and Law of the Republic of Indonesia Number 6 of 2023 regarding the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. This study also aims to demonstrate efforts to protect the law regarding the confidentiality of personal data of taxpayers in the Surabaya Regional Revenue Agency. In conclusion, this study provides an overview of the existing legal protections for personal data of taxpayers and evaluates the suitability of data protection regulations with applicable tax regulations.

Online Gender Based Violence Against Women

This study aims to analyze the regulation of online gender based violence against women in Indonesia criminal regulations. This research use the normative methods. Accumulation method used by the author in this research is literature study. With a research approach that prioritizes legal materials in the form of legislation as a basic reference material in conducting research. As well as a conceptual approach used to understand concepts related to normalization in a legislation whether on accordance with the spirit contained in the underlying legal concepted. The research’s result shown that the regulation of online gender based violence against women in Indonesia criminal law could be concluded as follow: first, Law Number 1 of 1946 on Criminal Regulations. Second, Law Number 19 of 2016 on amendment to Law Number 11 of 2008 on Information and Electronic Transaction. Third, Law Number 44 of 2008 on Pornography, and last Law Number 12 of 2022 on Crime of Sexual Violence.

Legal Facts in Legal Opinions Formulation on The Decisions of Islamic Civil Case

Development of Islamic civil cases today, the problems that arise in society are increasingly complex and the public's need for services in the legal field is getting higher. This does not escape the need for legal opinions from experts such as lawyers, advocates, or legal advisors. This legal opinion is what we often call a legal opinion. In practice, the determination of a punishment must be fair. To realize this justice, the law enforcers should be impartial and consider many things before deciding on a sentence or giving a legal opinion. The weighing of these decisions can be done by looking at the facts that happened and studying them, presenting witnesses, and so on. Legal facts are one of the processes that cannot be overlooked by persons investigating a case, because if this process is missed or not thorough enough, it can affect a decision. The method used in this study is a qualitative juridical normative method. This study aims to find out that legal facts will affect the decisions of Islamic civil law that will be taken and legal opinions that will be made by a legal expert. The result of the study is that Legal facts are important to note because the discovery and analysis of legal facts can support and complete the clauses that will be included in the legal opinion and the decisions that will be handed down by the judge on the defendant. Although in the civil law rules there is no information about the importance of legal facts in legal opinions, if viewed from the facts that occur, it can be identified as a legal risk that will be accepted by the client.

An Alternative for Conflict-Based Criminal Settlement Based on Positive Law and Islamic Law

Procedural criminal law proceedings were seen to be ineffective and could even trigger a deeper conflict in Indonesia. This study aimed to identify an alternative for the settlement of criminal acts that originate from horizontal conflicts, based on positive law and Islamic criminal law, considering that Muslims make up the majority of the Indonesian population. This is crucial, considering Indonesia has more than 1,300 tribes and ethnicities. This study used a normative method with a philosophical and conceptual approach. The study results showed that, first, from the positive law perspective, criminal proceedings can be done through restorative justice, such as giving more attention to victims in the criminal justice process; penal mediation; peace; reconciliation, and political decisions. From the Islamic law perspective, settling by forgiveness; Islah; and political decisions are possible.
 Keywords: Alternative; Criminal Act; Conflict; Restorative Justice; Islam

Parameters of thermal performance of plaster blocks: Experimental analysis

This work aims to obtain parameters of thermal performance of various types of plaster blocks for vertical sealing. The methodology consisted of making test elements with 8 types of plaster blocks, in addition to plasterboard of different densities. Thermal resistance, transmittance, capacity, and delay were calculated, according to the Brazilian standard NBR 15220. Thermal behavior tests were carried out with controlled heating through a heat source, digital thermometer, infrared thermography, and an instrumented thermal chamber developed for this work. The experimental results corroborated with the trend indicated by the calculated parameters. The massive and hollow blocks of 100 mm had the best results followed by the 76 mm hollow blocks. The 50- and 70-mm massive blocks were among those with the worst thermal behavior. The study through the thermal chamber and real test elements associated with the normative methods allowed the practical verification regarding the thermal behavior of the components.

Harmonizing Regional Competition Laws and Policies: A Way Forward for ASEAN Economic Growth

The prominent subject of discussion within the context of the ASEAN Economic Community is the harmonization of competition law in the region (AEC). In order to remove and reduce potential barriers to economic activity, ASEAN has adopted free trade through economic integration among its member nations. This study aims to examine why it is crucial to harmonize ASEAN competition law and to determine what the ASEAN business competition law harmonization model looks like. This paper used normative method with utilizing a statutory and a comparative approach which are presented descriptively. The results demonstrated that legal system conflicts can be addressed and legal disparities can be lessened by initiatives at harmonization. To do this, ASEAN must at the very least harmonize three key aspects of ASEAN Member States' competition laws: the substance of the law, law enforcement, and competition commission. In this context, collaboration amongst competition enforcement agencies can be used to implement the ASEAN model of harmonising competition legislation. Cooperation can take the form of notification, information sharing, enforcement cooperation between commissions, consultation, and conciliation.

LEGAL AND REGULATORY ASPECTS OF OWNERSHIP AND USE OF AGRICULTURAL LANDS

The aim of this project is to explore and to analyse the current legal framework regarding the right to property and the right to use agricultural land in Bulgaria, the economic and legal consequences of the practical application of the legal institutes governing the right to use agricultural land, to draw conclusions and recommendations for improvement. Methods: The main methods of application for research and analysis are: systematic analysis, logical approach, normative method, synthesis, etc. Results: The research and analysis carried out on the legal framework regarding the use of agricultural land identifies significant contradictions and weaknesses which hinder the appropriate use of agricultural land and limit the possibility of concluding leases. Guidance is given for changes to help solve specific problems. Conclusion: The legal analysis of the regulations governing land relations reveals the need for a legislative initiative to address gaps and contradictions in legislation in this field in order to fully protect the rights and interests of individuals

Business Ethics in E-Commerce – Legal Challenges and Opportunities

Background: This paper deals with the ethical limitations of e-commerce. The aim is to discover areas where the protection is not granted as users would expect and to make proposals for improvement. The authors will begin the paper by proposing the market of e-commerce and how it is directly linked to society’s daily life. The method adopted for the legal perspective is case studies, where the Kingdom of Saudi Arabia’s (KSA) legal context will be explored. In the end, the paper will answer two main questions: What are the ethical challenges facing the issue of data protection in electronic commerce? What are essential legal frameworks that regulate the subject of data protection in Saudi Arabia? Methods: The normative method is applied to identify the main legislations used in e-commerce and data protection, especially regarding big data regulations. A case study analysis is also used where KSA legislation is investigated. Results and Conclusions: The authors saw that e-commerce is an insecure place to protect customer data. This data is stored electronically, so it is very easy to steal it in addition to the use of this data by companies without the permission of the customer. Research proves that laws are unable to keep pace with technological developments and are unable to provide effective protection for data stored in the cloud.

Kedudukan Hak Asuh Anak Pasca Terjadinya Perceraian dari Istri yang Murtad Menurut Hukum Islam


 Provisions for Child Custody Based on the Compilation of Islamic Law are Muslim, mature, healthy in mind, trustworthy, single, able to educate children. rights and authority for those (women) who are apostates (non-Muslims) to take care of children. This study aims to find out more about child custody provisions based on Islamic law compilations and child custody due to divorce due to apostasy from a wife according to Islamic law compilations using normative methods that collect and analyze data in order to obtain a clear picture of the issues being discussed writing, with the aim of describing or describing the occurrence of a problem in a systematic, factual and also accurate manner and in order to get the truth in the process of perfecting this writing. KHI. Islamic law.
 Keywords: Child Custody, Divorce, Apostate Wives.