Enactment Of Law Research Articles

Role of Indonesian Council of Ulama in Halāl Certification and Product Guarantee

The current research analysed the role of Indonesian Council of Ulama in halāl certification after the enactment of Law No. 33 of 2014. The Indonesian Council of Ulama is Indonesia’s peak clerical body with the authority to specify halāl and Harām fatwas of a product. It plays a crucial role in helping the government to assure halāl certification of the product before it is consumed. According to publicly available data, there are 85 percent of food, beverages, and cosmetic products with unidentified halāl certification circulating in Indonesia. Moreover, there are foods and beverages that put halāl label illegally without any halāl testing on the products. This issue may cause concern for Indonesian people, as majority of them are Muslims. The current study applied library research method to retrieve secondary data on halāl certification of food and beverages, which was in accordance with the Law No. 33 of 2014 on Halāl Product Guarantee. The study determined that the involvement of the Indonesian Council of Ulama to establish legal certainty for halāl and Harām food and beverage products after the enactment of Law No. 33 of 2014 for Guaranteed Halāl Products (JPH) was critical. Even though, the halāl certification procedure is handled by BPJPH, the Indonesian Council of Ulama has a role to play in halāl certification by issuing a halāl fatwa for a product. It also helps to accredit Halāl Inspection Agency and certifying halāl auditors.

Non-Financial Disclosure: Isomorphism Effect in the Face of New Regulation

The purpose of this paper is to study the mimetic isomorphism process among firms in a context of expectations of further non-financial disclosure regulation. From the new institutionalism theory approach, we study the effect that the 2014/95/EU Directive transposition into the Spanish law had on 120 companies over an eight-year period and the isomorphism determined by their activity and leadership in reporting before (expectations period) and after the law enactment. Before the law, a trend to increase disclosure was observed, especially among environmentally sensible sectors and low-level reporting firms, while afterwards, the trend was reversed except for leading companies, highlighting the prevalence of the mimetic and normative isomorphism. This work deepens understanding of the adoption processes of coercive norms based on mimetic behaviors and coercive isomorphisms and helps in predicting the effect of a given norm after its announcement and approval, supporting more efficient designs for future legislation.

THE IMPORTANCE OF REGULATING NON-CONCIVTION BASED FORFEITURE IN CORRUPTION CASES IN INDONESIA

This research examines the importance of regulating Non-Conviction Based Asset Forfeiture (NCB) in corruption cases in Indonesia. NCB is a mechanism of asset forfeiture that allows the state to seize assets without a prior criminal conviction. The study argues that the regulation of NCB is necessary to ensure the effectiveness of asset recovery in corruption cases and to prevent abuse of power by law enforcement agencies. The research uses a qualitative approach and analyzes relevant laws and regulations, court decisions, and academic literature. The findings suggest that the current legal framework for NCB in Indonesia is inadequate, leading to the misuse of NCB by law enforcement agencies. The research recommends the enactment of a specific law on NCB in corruption cases that provides clear criteria and safeguards for the use of this mechanism.

Network analysis of Iranian's health insurance ecosystem before and after the introduction of Universal Health Insurance law

IntroductionThe policy-making process in health reform is challenging due to the complexity of organizations, overlapping roles, and diversity of responsibilities. The present study aims to investigate and analyze the network of actors in the Iran health insurance ecosystem regarding the laws before and after the adoption of the Universal Health Insurance (UHI).MethodsThe present study was done by sequential exploratory mixed method research, consisting of two distinct phases. During the qualitative phase, the actors and issues pertaining to the laws of the Iranian health insurance ecosystem from 1971 to 2021 were identified through a systematic search of the laws and regulations section of the Research Center of the Islamic Legislative Assembly website. Qualitative data was analyzed in three steps using directed content analysis. During the quantitative phase, in order to draw the communication network of the actors in Iran's health insurance ecosystem, the data related to the nodes and links of the networks was collected. The communication networks were drawn using Gephi software and the micro- and macro-indicators of network were calculated and analyzed.ResultsThere were 245 laws and 510 articles identified in the field of health insurance in Iran from 1971 to 2021. Most of the legal comments were on financial matters and credit allocation, and the payment of premiums. The number of actors before and after the enactment of the UHI Law was 33 and 137, respectively. The Ministry of Health and Medical Education and the Iran Health Insurance Organization were found the two main actors in the network before and after the approval of this law.ConclusionsAdopting a UHI Law and delegating various legal missions and tasks, often with support to the health insurance organization, have facilitated the achievement of the law objectives. However, it has created a poor governance system and a network of actors with low coherence. Based on the results of the study, it is suggested to reduce actor roles and separate them for better governance and to prevent corruption in health insurance ecosystem. Introducing knowledge and technology brokers can be effective in strengthening governance and filling the structural gaps between actors.

Analysis of Islamic Law Accommodation In National Law during the Era of Democratic Transition Government 2001-2004

This paper aims to analyze the position of Islamic law in the national legal system during the democratic transition (2001-2004), which was led by Megawati Sukarnoputri. Although she and the supporting party she led (PDIP) are often associated with secularism (at least considered insensitive to the problems of Muslims), during her reign from 2001 to 2004 several regulations were born that accommodated the interests of Muslims in the form of laws. This study uses a normative research method with primary-based secondary data sources. This study found that of the 126 laws that were legislated during the 2001-2004 transitional government, fourteen of them had intersections with the interests of Muslims which were accommodated in two patterns; first, formalist accommodation where the law strengthened the enactment of Islamic law for Muslims in Indonesia, such as Law No. 18 of 2001 concerning Special Autonomy for the Province of NAD; Law No. 18 of 2003 concerning Advocates, and so on. Second, accommodation in the form of substantive laws that are in line with Maqashid Shari'ah or at least do not contradict Islamic teachings as illustrated in Law No. 20 of 2001 concerning Amendments to Law No. 31 of 1999 concerning Corruption, Law No. 30 of 2002 concerning the Corruption Commission, Law No. 23 of 2002 concerning Child Protection, and others.

An Overview of the Knowledge and the Practice of Female Genital Mutilation Among Adult Women in Ondo State, South Western Nigeria

The practice of female genital mutilation (FGM) is one of the very significant health and human right issues in the world according to UNICEF. A qualitative research methodological and in-depth interview of one hundred and twenty informants were used to investigate FGM’s knowledge and practice in Ondo state, southwestern Nigeria. A multi-stage sampling technique was used to select the participants from the study population. The findings of the study revealed that the majority of the residents are aware of FGM as it is being widely practiced by traditional birth attendants, an health officials. The study also confirmed that the majority of the respondents are of the opinions that FGM reduces promiscuity, initiates young girls into womanhood; ensures spiritual cleansing; enhances fertility and prevents instant mortality while the majority have inadequate knowledge about the untoward health consequences of the practice. The study concluded that there is high rate of prevalence and poor understanding of the harmful effects of FGM. It is therefore recommended that certain collaborative measures which include aggressive enlightenment programmes. Among the communities, enactment of laws as punitive measures for the practitioners of government policy re-engineering and early education of girl’s children on FGM among others have to be implemented to eliminate the scourge in society.

Moving in the time of COVID-19: how did the pandemic situations affect the migration decisions of Hong Kong people?

ABSTRACT Following mass social protests in 2019 and the enactment of a national security law in 2020 in Hong Kong, a significant proportion of Hong Kong people considered migrating to another country. At the same time, the COVID-19 pandemic had spread rapidly around the world. This study examines investigate whether the migration intention and the planned timing of migration of Hong Kong people have changed with the COVID-19 pandemic situations both locally and abroad. We also examine if the impact of the pandemic might have varied with people’s age, gender, education, and parental status. Data are from a random-sampled survey (N = 2,492) conducted in 2021–2022. We find that a more severe COVID-19 situation in Hong Kong is positively associated with one’s migration intention. The migration intention of younger and more educated people is more strongly associated with the COVID-19 situation in Hong Kong. However, the COVID-19 situation in the UK is not significantly associated with one’s migration intention. Among people who intend to emigrate, a more severe local COVID-19 situation is positively associated with uncertainty about the timing of migration. We conclude by highlighting the significance of global pandemics in shaping migration decisions.

Does Corruption and Institutional Quality Impede Economic Performance in Nigeria?

This study examined the nexus between corruption, institutional quality and economic performance with the motivation to determine the extent to which economic performance is impeded by corruption and institutional quality in Nigeria. The autoregressive distribution lag (ARDL) technique was employed to test the short-run and long-run relationship among the variables of interest. The data used for the analysis were obtained from the World Development Indicators and the Central Bank of Nigeria’s Statistical Bulletin for the period 1970 to 2020. The study found that corruption has a negative and significant impact on economic performance in the long-run. In contrast, institutional quality was found to have a negative but insignificant effect on economic performance. This implies that despite the establishment of institutional structures and enactment of stringent laws to curb the menace of corruption, Nigeria still witnesses a decline in economic performance. As such, Nigeria has weak institutions and regulations to fight corruption. Contrastingly, the study revealed that human capital, trade openness and the working population exerted positive and significant impacts on economic performance. By implication, the Nigerian economy reacts positively to changes in human capital development, trade openness and working population in the long-run. This suggests that, with the availability of appropriate policies and resources, human capital development, trade openness, and working population growth have the potential to enhance Nigeria’s economic performance.

Hukum Adat dalam Penyelenggaraan Pemerintahan Desa Adat di Kabupaten Siak Provinsi Riau dan Provinsi Bali

The village as a customary law community unit has its original composition, which is the right of origin that is recognized in the framework of the 1945 Constitution. The implications of the implementation of Law Number 6 of 2014 on Villages revived the spirit of the Regional Government of Siak Regency and Bali Province to carry out the arrangement of a model of governance of traditional villages that are appropriate with the origins and customs that once prevailed in the region. This study analyzes; first, the impact of the enactment of the village law on the governance of traditional villages in Siak District, Riau Province and Bali Province. Second, aspects that become similarities and differences in the administration of traditional village governance between Siak Regency, Riau Province and Bali Province. This study uses empirical normative research method. The results of the study concluded that first, the administration of traditional village governance in Siak Regency, Riau Province was not carried out, while the existence of traditional villages in Bali Province was getting stronger through government policies that gave special status and authority to traditional villages to organize traditional village governance in accordance with their origins and customs that exist in society. Second, the institutional administration of traditional villages in Siak Regency is no longer based on the original structure and no longer carries out activities according to customs and traditions in the context of Malay culture, while in Bali institutional governance of traditional villages and community activities are still based on the values of their ancestral culture, namely the philosophy of tri hita karana.

Indonesia’s Plan for Concurrent Regional Expansion

The development of ties between the center and the regions came to light after Indonesia underwent reformation in 1998. A new paradigm in the management of local government in Indonesia has emerged as a result of the passing of Law No. 22 of 1999. One effect of the passage of Law No. 22 of 1999 was the enlargement of the region to create a number of new autonomous regions. The pattern of creating new autonomous areas based on the will of the people causes certain regional expansions to be successful while others result in conflicts due to the interests of local elites (bottom-up). Therefore, the creation of new autonomous zones and the birth of a new paradigm require a new formulation. As a result, the creation of new autonomous regions requires a new formulation, and Law No. 23 of 2014’s regional structuring idea represents the development of a new paradigm. How to formulate the development of a new autonomous region through concurrent regional expansion is the study’s formulation of the problem. According to the study’s findings, regional growth is required in order to meet the needs of the envisioned increase in the number of Provinces, Regencies, and Cities.

Kompleksowość procesu prawotwórczego

Kompleksowość procesu prawotwórczego

Implementation of Law Enforcement of Hand-Catching Operations (OTT) in Law Number 19 of 2019

Corruption has emerged as one of Indonesia's most talked-about issues as a result of the debate over amendments to the KPK Law and the choice of a new institution's chairman, both of which prompted a surge of protests in the public sphere. The KPK Law's alteration appears to disregard public expectations, and it is thought that as a result of the amendment, the effectiveness of the agencies responsible for fighting corruption will be diminished. This study aims to assess the impact of Law Number 19 of 2019 regarding the KPK on eliminating corruption cases in Indonesia as well as any challenges that have appeared after the newest KPK Law's enactment. The research methodology employed in this study is empirical legal research. According to the study's findings, wiretapping, asset seizure, and search warrant authority were initially under the control of the Corruption Eradication Commission (KPK). The KPK might make arrests right away following a command from the leadership. A supervisory board's approval is required now that Law 19/2019 has been passed. The Supervisory Board is prohibited from acting as a vergunningsorgaan or licensor in accordance with Article 37B, paragraph 1 letter b of Law Number 19 of 2019, which states: "Giving permission or not giving permission to wiretapping, searching, and/or seizing" implies the Supervisory Board's discretion.

프랑스의 예산법률에 대한 헌법재판소의 통제

The French Constitutional Court has reviewed most of the finance laws. The control of the French Constitutional Court can be divided into ⅰ) control under Article 40 of the French Constitution, ⅱ) control of legal regulations unrelated to the purpose of finance laws, ⅲ) control of discussion procedures in parliament, and ⅳ) control of the contents of finance laws. France's current finance laws should not just be an expression of the general will of the people, but also comply with the constitutional order prescribed by the Constitution of the Fifth Republic of France. The attitude of the French Constitutional Court to control finance laws needs to be actively reviewed and accepted in discussions for the introduction of legislation- based budget system, especially in the specific design of the constitutional amendment. Therefore, in the case of introducing legislation-based budget system through constitutional amendment, the enactment of finance laws should not be discussed only in terms of the distribution of power between the parliament and the government, and the Constitutional Court's control over finance laws should also be guaranteed.

지방자치단체와 관련된 금융소비자보호법의 개선방안

A summary of improvement plans for the act on the protection of financial consumer related to local governments is as follows.
 1. Article 1(purpose) of the act on the protection of financial consumer does not contain any content related to the ‘responsibility of local governments’. Article 1 of the act on the protection of financial consumer is “this act stipulates matters to be observed regarding the business of financial product sellers and financial product advisors, and national and local governments, in order to promote the rights and interests of financial consumers and establish a sound market order in the financial product sales business and financial product advisory business. It is aimed at enhancing the effectiveness of financial consumer protection and contributing to the development of the national economy by prescribing matters related to financial consumer policies and financial dispute settlement procedures for the protection of financial consumer rights and interests of local governments.” 2. Article 9 of the act on the protection of financial consumer (responsibilities of the state) omits the responsibilities of local governments. Subparagraph 2 of article 9 of the act on the protection of financial consumer is defined as “the state and local governments shall fulfill the following responsibilities(1. establish and implement necessary policies to promote the rights and interests of financial consumers in order to realize the basic rights of financial consumers pursuant to article 7), 2. enactment, revision, and abolition of laws, ordinances, and rules related to the protection of financial consumers, 3. maintenance and improvement of operation of necessary administrative organizations, and 4. support and fostering of sound and independent organizational activities of financial consumers).” It would be nice to amend it.
 3. It would be nice to revise the ‘of the state’ in article 10, subparagraph 1 of the act on the protection of financial consumer to ‘of the state and local governments’.
 4. It would be good to amend the ‘financial services commission’ in article 29(financial consumer protection) to article 30(financial education) paragraph 4 of the act on the protection of financial consumer to ‘financial services commission and local governments’.
 5. There are no provisions related to the protection of personal information in the act on the protection of financial consumer, such as article 15, paragraph 1 of the framework act on consumers. Therefore, according to the act on the protection of financial consumer, “the state and local governments shall take necessary measures to prevent financial consumers from suffering unreasonable damage due to loss, theft, leakage, alteration, or damage of financial consumers’ personal information in transactions between financial consumers and financial product distributors, etc.” It would be good to create a new regulation similar to “.
 6. There is no such content as article 18, paragraph 1 of the framework act on consumer in the act on the protection of financial consumer. It would be good to add a new provision to the act on the protection of financial consumer, such as “financial product distributors, etc. must actively cooperate with the national and local governments' policies to promote financial consumer rights and interests”. 7. There is no such thing as ‘protection of the vulnerable’ in the act on the protection of financial consumer. It would be good if new contents such as the protection of the vulnerable class were added to the act on the protection of financial consumer.

Ultimum Remedium Principle in Indonesian Tax Regime – Impact and Challenges Post-Omnibus Law

The tax laws are built to ensure that every citizen obeys their obligation on tax. Or, in other perspectives, to guarantee the state does not lose the right to collect tax from the people. Tax laws are part of the state administrative laws. As a consequence, the penalty that is equipped with tax law is also known as administrative sanctions. However, since tax is an essential state element, tax law provided a criminal penalty to give a more complex impact and the value of a deterrent effect (known as administrative penal law). Every tax jurisdiction has characteristics and depends on the state’s main objectives and preferences. Indonesia’s tax regime prioritizes tax collection and the recovery of state losses rather than sending the taxpayer to jail. This concept is known as ultimum remedium or the last remedy principal. After the Corvid-19 pandemic, Indonesia tries to raise the economy through many breakthroughs in tax law, including the enactment of Law of the Republic of Indonesia N0.11 of 2020 on job creation (also known as omnibus law) and Law of the Republic of Indonesia No.7 of 2021 on Harmonization on Tax Regulation. Both regulations have the same spirit to boost Indonesia’s economy through fiscal policy, including relaxation of the tax penalty. With its impact and challenges, this policy is expected to create a broader opportunity for Indoesia tax authorities to collect more tax

Analysis Of The Quality Of Public Services At The Office Of The Takalar District Population And Civil Registration Office

The implementation of regional government which was marked by the enactment of Law No. 32 of 2004 concerning Regional Government has had far-reaching consequences for the government agency for the analysis of the quality of public services at the Office of Population and Civil Registration of Takalar Regency. This research is a qualitative descriptive study that aims to determine the quality of public services at the Office of the Population and Civil Registration Office of Takalar Regency. Data collection techniques through observation, interviews, and documentation. The results of the study show that the analysis of the quality of public services at the office of the takalar district population and civil registration office seen from the Tangible dimension (physical evidence) has been implemented. The Reability dimension has been implemented, but there are still indicators that have not met people's expectations, namely regarding the expertise of employees in using assistive devices. The Responsiveness dimension has been implemented, but there are indicators that have not met the expectations of the community regarding the timeliness of employees in providing services. The Assurance dimension has been implemented according to the wishes of the community. The Empathy Dimension has been implemented. This study presents new, more detailed information by linking the latest theory compared to previous research regarding the quality of public services at the Population and Civil Registration Office of Takalar Regency so that it can be used as evaluation material for research loci to further improve the quality of their services

The Environment from the Perspective of the Qur’an and Divine Teachings

Context: "Environment or living location" includes the environment and earth views. Modern human activities to achieve prosperity and economic and social development have destroyed the environment. Changes have occurred in the climate and the habitability of the earth, and human health and life have faced severe risks. However, Islam has declared purity and a healthy living environment as the fundamental principle of life. Evidence Acquisition: This study discussed the environmental significance, environmental problems issues, and views of religion and the Quran about the environment. The primary purpose was to prevent environmental destruction based on Islamic and Quran guidelines and provide solutions for improving the environment and reducing pollution. The study was based on documentary and library study methods. Results and Conclusions: Defending the natural environment and the moral teachings of religion should be applied through effective enactment and implementation of laws and standards. People with self-control in undesirable situations are better considered in cases where conscience lacks positive motivation than those who have been raped and violated.

Forestry products as renewable energy sources

Forestry products as renewable energy sources

Studi Komparasi Eksistensi Akad Istishna’ Dan As-Salam Dalam Perspektif Hukum Islam

Indonesia as a Muslim-majority country has a need for financial institutions based on sharia principles that can facilitate transaction activities and can create legal development. Islamic banking as part of the national banking system has an important role in Indonesia's economic development. The enactment of Law No. 21 of 2008 concerning Islamic Banking has provided extensive opportunities in the development of banking networks to implement the Islamic banking system. Islamic banking has many financing models, in these types of financing there are two types of financing that broadly have the same characteristics, namely buying and selling contracts with an order system, these financings are istishna' and as-salam contracts. The two contracts besides having similarities, of course, have differences, this needs to be understood because these differences are the advantages in a financing. This study aims to analyze the comparison between istishna' and as-salam contracts in the Islamic banking system. This research uses doctrinal legal research methods with a comparative approach carried out by reviewing existing legal materials. The results showed that in practice, Istishna' was used in financing construction and manufacturing fields. Meanwhile, As-salam is usually used to finance agriculture and industrial goods.
 Keywords: As-salam; Comparison; Istishna'.

The Positive Fictional Principle After the Implementation of The Job Creation Law: A Prophetic Legal Paradigm

The positive fictitious principle in the Law No. 11 of 2020 concerning Job Creation (CK Law) exists to facilitate investment and simplify licensing. However, the provisions in the CK Law, which exclude the role of the Administrative Court in fictitious applications have the potential to cause injustice and legal uncertainty in society. That research focuses on examining the positive fictitious principle's existence after the CK Law's enactment in the paradigm of prophetic law. The paradigm of prophetic regulation was chosen in this study as an effort to explore the theological (divine) and human dimensions in positive fictitious formulations as in CK Law. This research is a normative legal type of research with a concept and statutory approach. The results of the study confirm that in terms of the three aspects of prophetic law, namely transcendence, liberation, and humanization, the provisions of the CK Law, which no longer involve the role of the Administrative Court and have not issued Presidential Regulations regarding positive fiction can cause uncertainty and injustice in society. That makes the substance of the prophetic law in the positive fictitious provisions in the CK Law not be realized optimally. Orientation based on the prophetic legal paradigm in regulating the positive fictitious principle after regulation in the CK Law, according to the author, can be done by revising the positive fictitious provisions in the CK Law by returning the competence of the State Administrative Court.