Audito Comparative Law Journal (ACLJ)最新文献_第3页

The Role of Muhammadiyah in the Policy for the Protection of Sexual Violence 穆罕默德在保护性暴力政策中的作用

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-09-30 DOI: 10.22219/aclj.v3i3.21747

M. Faizin, S. Sugianto, Romlah Romlah

{"title":"The Role of Muhammadiyah in the Policy for the Protection of Sexual Violence","authors":"M. Faizin, S. Sugianto, Romlah Romlah","doi":"10.22219/aclj.v3i3.21747","DOIUrl":"https://doi.org/10.22219/aclj.v3i3.21747","url":null,"abstract":"As one of the largest organizations in Indonesia, the attitudes and policies taken by Muhammadiyah affect the life of the nation and state. One of these attitudes is the Role of Muhammadiyah's legal attitude towards the policy of protecting sexual violence. The methodology used in this research is the method of statutory and historical research. The results of the research with this literature study conclude that Muhammadiyah's attitude in responding to the Policy for the Protection of Sexual Violence is very firm, this can be seen from 2 aspects, namely, first, the basis of thought, which is based on the jurisprudence of child protection, then second, Muhammadiyah's attitude towards the PKS Bill, where Muhammadiyah pushed for the immediate ratification of the PKS Bill with a note that there were changes in problematic articles, supported by the facts presented by 'aisyiah, namely the increasing prevalence of sexual violence against women and children. In addition, Muhammadiyah also took a stand against Permendikbud 30 of 2021 regarding the Prevention and Handling of Sexual Violence in Higher Education Environments due to legal defects, so the policy must be revoked. Muhammadiyah in its attitude related to government policies related to the protection of sexual violence always adheres to the Qur'an and Sunnah as the basis for taking a stand for the benefit of the people and the state","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129400402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Contradictions Of Civil Law With Islamic Law And Its Implication On A Muslim’s Responsibility 民法与伊斯兰法的矛盾及其对穆斯林责任的启示

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-09-30 DOI: 10.22219/aclj.v3i2.22799

Siti Khadijah Binte Mahfuh

引用次数: 0

Confiscation Of Assets In Economic Crime 经济犯罪中财产的没收

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-09-28 DOI: 10.22219/aclj.v3i2.22185

Sulvia Triana Hapsari, A. Madjid, N. Aprilianda

引用次数: 1

Perspective Between Central And Regional Government Relations In Legal Problems To Handle Covid-19 Pandemic 应对新冠肺炎疫情法律问题中中央与地方政府关系的透视

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-09-28 DOI: 10.22219/aclj.v3i2.22040

Ahmad Sabirin, Febrian Duta Adiyaksa, Raafid Haidar Herfian

{"title":"Perspective Between Central And Regional Government Relations In Legal Problems To Handle Covid-19 Pandemic","authors":"Ahmad Sabirin, Febrian Duta Adiyaksa, Raafid Haidar Herfian","doi":"10.22219/aclj.v3i2.22040","DOIUrl":"https://doi.org/10.22219/aclj.v3i2.22040","url":null,"abstract":"The purpose of this article is to describe the perspective between central and regional government relations in legal problems to handling a covid-19 pandemic. The important thing in a constitution is the desire for how the constitutional life of the nation is to be led, which can be seen in the structure and state administration system. There are differences appeared between central and local governments in handling covid-19 pandemic, such as the local lockdown or Pembatasan Sosial Berskala Besar (“PSBB”) policies implemented in several regions in Indonesia, even though Law No. 6 of 2018 concerning health quarantine, the application of PSBB is the central’s government authority. On the other hand, the implementation of PSBB is the responsibility of the regional government to protect society. It seems that the central government’s struggle was preceded by the regional government due to the slow pace of movement that occurred to handle the Covid-19 pandemic the central government. What are solutions to overcoming the legal problems or problems dealing with the Covid-19 pandemic related to the perspective of the relationship between central and regional governments? Normative law research is used as a research method, that conducting by examining library materials as secondary data. The result showed that there is a shared responsibility to handle covid-19 pandemic for both central and regional governments. To make sure that the Joint coordination’s role is done without the friction of authority, it is important to pay attention to the following rules: 1). If the scope of handling covid-19 pandemic is across provinces area. It is the central government’s authority, 2). If the scope of handling covid-19 pandemic is across regencies/cities area. It is the provincial government’s authority, 3). If the scope of handling covid-19 pandemic is in a district/city area, it becomes the district/city government’s authority.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125028422","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Institusi Hukum Perwakafan Indonesia: Kajian Kelembagaan Badan Wakaf Indonesia (Sejarah dan Struktur Kelembagaan)

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-09-18 DOI: 10.22219/aclj.v3i2.22544

Muhammad Luthfi, Yohana Puspitasari Wardoyo, Kukuh Dwi Kurniawan, Fitria Esfandiari, Yaris Adhial Fajrin

{"title":"Institusi Hukum Perwakafan Indonesia: Kajian Kelembagaan Badan Wakaf Indonesia (Sejarah dan Struktur Kelembagaan)","authors":"Muhammad Luthfi, Yohana Puspitasari Wardoyo, Kukuh Dwi Kurniawan, Fitria Esfandiari, Yaris Adhial Fajrin","doi":"10.22219/aclj.v3i2.22544","DOIUrl":"https://doi.org/10.22219/aclj.v3i2.22544","url":null,"abstract":"Waqf is part of Islamic philanthropy, along with the development of time and circumstances, waqf processes and procedures developed according to the context of the times, not least the development of the rule of law governing waqf law, Law 41/2004 as a new waqf rule in Indonesia, with the spirit of increasing the productivity of waqf assets, and forming nazhir professionalism, then forming a new institution in the waqf world in Indonesia called Badan Wakaf Indonesia (BWI), Hope with the establishment of BWI becomes the main driving force of representation and becomes a medium in increasing waqf assets for the welfare of the people. This paper discusses the history of the institutionalization of BWI institutions and their institutional rules in Law 41/2004. This paper is normative research with a statutory approach and a conceptual approach. The results of the study from this paper state that the history of the institutionalization of BWI is influenced by the factors of the concept of cash waqf and the factor of updating the concept of waqf management which is not only trying to maintain waqf assets but more to make waqf assets more productive. BWI institutional rules based on Law 41/2004 regulate the position, duties, structure, and diversity, the period of service of management, and rules on the performance process of BWI.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114584696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Community Political Participation In The 2019 Presidential And Vice-Presidential Elections In Malang Regency 2019年玛琅县总统和副总统选举中的社区政治参与

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-05-30 DOI: 10.22219/aclj.v3i2.20586

Catur Wido Haruni

引用次数: 0

Accountability of Regional Officials of Sidoarjo Regency In The Distribution of Groceries During The Covid-19 Pandemic Sidoarjo县地区官员在2019冠状病毒病大流行期间分配食品杂货的问责制

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-02-05 DOI: 10.22219/aclj.v3i1.18901

Akmal Maulana N. M., Andre Purnairawan, Sholahuddin Al-Fatih, Jamila Jamil

{"title":"Accountability of Regional Officials of Sidoarjo Regency In The Distribution of Groceries During The Covid-19 Pandemic","authors":"Akmal Maulana N. M., Andre Purnairawan, Sholahuddin Al-Fatih, Jamila Jamil","doi":"10.22219/aclj.v3i1.18901","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.18901","url":null,"abstract":"This article aims to analyze the distribution of free groceries in the Sidoarjo regency during the Covid-19 pandemic. Free groceries program for citizens in almost every year by the local government. But it is slightly different in pandemic times like today, where the free Groceries program is more often done and on a large scale. One of them is carried out by the Sidoarjo Regency Government, East Java. Keep in mind that the thing that is affected by the outbreak of the Covid-19 Virus is an economic factor, which makes most people lose their eyes that make the weakening of the economic system in Indonesia no exception in Sidoarjo Regency itself. This paper takes socio-legal research to find out the problem of the distribution of free groceries in the Sidoarjo regency. The results of this study look at the extent of the accountability of the Sidoarjo Regency government with the Covid-19 outbreak in the community, namely from the start of the distribution of free food so that it is expected to provide more concrete results. Sidoarjo Regency government program is expected to be applied in the early stages of formulation, implementation, and evaluation of public policy.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123845373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Implementation of Tabligh As Prophetic Leadership of Muhammadiyah Through Political Movement 通过政治运动实现穆罕默德派的先知领导

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-02-04 DOI: 10.22219/aclj.v3i1.19619

Rika Eraswati, Rina Ervina, Romelah Romelah

{"title":"Implementation of Tabligh As Prophetic Leadership of Muhammadiyah Through Political Movement","authors":"Rika Eraswati, Rina Ervina, Romelah Romelah","doi":"10.22219/aclj.v3i1.19619","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.19619","url":null,"abstract":"One of the forces of civil society that is always present and makes a real contribution to the progress of Indonesian politics is the Islamic mass organization Muhammadiyah. In order to achieve the aspired goals, the Muhammadiyah leadership model exists as the basis or ideology in achieving such goals, especially in Muhammadiyah's contribution to national legal politics. The purpose of this study is to determine the implementation of Tabligh as prophetic leadership of Muhammadiyah in its role as a political movement to influence the national political process. This paper was built based on a literature review. Indonesia is a democratic country and Muhammadiyah was born as a political movement in influencing the national political process. It is a form of citizen aspirations that was formed using an association of groups or organizations as guaranteed by the 1945 Constitution. Muhammadiyah, in their every struggle including in national politics, always uses its identity or ideology as a da'wah organization based on \"amar ma'ruf nahi munkar\" that is sourced from the Qur'an and Sunnah. Muhammadiyah implements the nature of Tabligh in carrying out its role as a political movement which is to always criticize any regulations that are contrary to the truth or that will bring harm to society. Muhammadiyah is not in a coalition with the government or with any political party, but Muhammadiyah has always supported policies that lead to the benefit of society.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130608133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic Covid-19大流行期间滥用非法金融科技客户数据的刑事和民事责任

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-01-31 DOI: 10.22219/aclj.v3i1.19873

Hendrik Wijaya, Herwastoeti Herwastoeti

{"title":"Criminal & Civil Liability Related to Misuse of Illegal Fintech Customer Data During The Covid-19 Pandemic","authors":"Hendrik Wijaya, Herwastoeti Herwastoeti","doi":"10.22219/aclj.v3i1.19873","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.19873","url":null,"abstract":"The covid-19 outbreak that swept across the world has caused a crisis in the economic sector, where physical distancing policies affect the world of trade and tourism. The bankruptcy of companies, hotels, and small and medium-sized micro-enterprises resulted in massive job cuts. Therefore, many people lose their livelihoods and borrow money to meet their daily needs. Financial technology is an advancement of the times in the industrial era 4.0, as a form of convenience in financial services of tempted communities and applying for loans to financial technology. However, instead of getting a financial solution, what happens is the opposite. Where the public is even entangled in the existence of illegal financial technology and there is a misuse of their personal data. It is true that there is an agreement that allows the debtor to access the personal data of the creditor, but whether with it immediately the debtor can misuse the customer's personal data. Therefore, in this study, the author is interested in reviewing how criminal and civil liability related to the emergence of illegal financial technology agreements during the Covid-19 pandemic. The research methods used are normative juridical with statute approach and comparative approach, as well as qualitatively described legal material analysis. The result obtained is, illegal fintech e-agreements do not meet the subjective and objective requirements of the agreement and are related to the misuse of customer data, which can be held criminally accountable are fintech law bodies and debt collectors.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123996287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

The Role of Muhammadiyah Islamic Movement in Hacking a New Map of Local Culture in Indonesia 穆罕默德伊斯兰运动在绘制印尼地方文化新地图中的作用

Audito Comparative Law Journal (ACLJ) Pub Date : 2022-01-31 DOI: 10.22219/aclj.v3i1.19857

Riska Aprillianti, Dayang Safira Bella Avilia, Romelah Romelah

{"title":"The Role of Muhammadiyah Islamic Movement in Hacking a New Map of Local Culture in Indonesia","authors":"Riska Aprillianti, Dayang Safira Bella Avilia, Romelah Romelah","doi":"10.22219/aclj.v3i1.19857","DOIUrl":"https://doi.org/10.22219/aclj.v3i1.19857","url":null,"abstract":"This article aims to examine the movement of Muhammadiyah. Muhammadiyah's commitments since its establishment until now is that Muhammadiyah has positioned itself as a pure creed-based Islamic da'wah movement. Muhammadiyah's role in creating a local culture for modern culture, Muhammadiyah has several programs launched in the field of culture. To examine those backgrounds, this article uses a historical approach to the normative juridical method. This article found that Muhammadiyah's program in the field of culture is an effort intended to develop an appreciation of art that is in line with the views of Muhammadiyah's beliefs. One of the applications of Muhammadiyah's cultural program is the development of culture-based education. Muhammadiyah is expected to be able to carry out its strategic role in terms of culture very optimally. In forming a progressive culture, Muhammadiyah does not only need a commensurate movement strategy but at the same time has a building of thought that goes beyond, so that it appears as a carrier of a progressive alternative Islamic message with a strong and superior character. From the womb of Muhammadiyah was born the transformation of Indonesian culture which is religious and progresses parallel to and even superior to other nations. Here the important role of actualizing the view of progressive Islam as declared in the One Century Congress, which is accompanied by the strategy of the enlightenment movement (a movement that liberates, empowers, and advances) in all its orientations and steps.","PeriodicalId":250069,"journal":{"name":"Audito Comparative Law Journal (ACLJ)","volume":"209 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115642518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3