NEGREI: Academic Journal of Law and Governance最新文献

{"title":"Implementatation of Religious Moderation in the Constitution and College : The Effectiveness of Socialization of the FSEI IAIN Constitutional Law Study Program in the 4.0 Era","authors":"Mabrur Syah, Tomi Agustian, Habiburrahman Habiburrahman, Windi Puspitas Sari","doi":"10.29240/negrei.v3i1.8286","DOIUrl":"https://doi.org/10.29240/negrei.v3i1.8286","url":null,"abstract":"Religious moderation is actually the key to creating tolerance and harmony, both at the local and national levels. Religious moderation should be understood as a balanced, non-exclusive, and tolerant religious attitude.  In the midst of the strengthening of radical understanding among the younger generation, it is necessary to convey a narrative about Islam that is cool, tolerant and non-violent among students and university students. This study aims to find out (1) the Socialization Strategy of the Constitutional Law Study. The method used in Research is qualitative research. From the studies carried out it is known; First;  The socialization strategy of the FSEI IAIN Curup Constitutional Law Study Program on Religious Moderation in the 4.0 era is to socialize to the community in collaboration with the Indonesian Ulema Council (MUI) of Rejang Lebong Regency by campaigning for the importance of Washatiyyah/moderate Islamic views for the plural Republic of Indonesia, through social media, (Fb, IG, Twitter, and YouTube). Second, the Effectiveness of the Introduction of the FSEI IAIN Constitutional Law Study Program Curup based on religious moderation in the 4.0 era is quite good with the increasing interest of prospective new students studying in the Constitutional Law study program, and the campaign about the importance of Washatiyyah/moderate Islamic views for the plural Republic of Indonesia is increasingly spread among students of the Constitutional Law Study Program through Social Media portals.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"79 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139182650","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}

{"title":"Husband's Support and Virtuous Wifehood: Literary Analysis of Al Bantani's Thoughts on Women's Legal Protection in Indonesia","authors":"Aldi Susanto, Budi Kisworo, Rifanto Bin Ridwan, Murni Yanto","doi":"10.29240/negrei.v3i1.7667","DOIUrl":"https://doi.org/10.29240/negrei.v3i1.7667","url":null,"abstract":"Women are guaranteed by the Islamic religion and the law that they will be supported by their husbands. and also women have the obligation to be pious wives so that the purpose of a marriage can be realized. Therefore it is important to study the thoughts of Sheikh Muhammad Nawawi Al-Bantani in the book Uqudulujain Fi Bayani Huquq Az-Zaujain, especially regarding the obligation of a husband to provide a living for his wife and how to become a salihah wife (in the perspective of legal protection for women in Indonesia). This study uses a type of library research with data collection techniques in the form of literature studies using book review techniques. This study concluded that there are 3 obligations of a husband in providing a living to his wife, namely: outward obligations, spiritual obligations, and aqliyah obligations. Whereas the ways to be a salihah wife are: The wife carries out Fardu Ain in Islam, the wife must obey her husband, the wife must leave requests to her husband with something that exceeds her needs, the wife must be patient, the wife must cover her private parts, guarding her tongue from words that can hurt the heart Husband, Protects His Oral From Lying to His Husband, Protects His Oral From Bringing Up Her Husband's Gifts, Puts a Smiling Face When Meeting Husband, Serves Husband Well, Asks Permission When Going From Home To Her Husband, Expands Husband's Heart When Husband Is In Trouble, Takes Care Husband's Treasure and Taking Care of Himself (Having an affair). Whereas in the perspective of legal protection for women in Indonesia, referring to article 31 of the Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, it can be understood that husband and wife have an equal position, but the wife has the obligation to regulate household affairs, for example in matters of cooking because the husband has carried out his duties. to make a living.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"364 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139182004","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}

{"title":"Law Enforcement of Corruption Crimes Through the Restoration of State Finances Based on the Principles of Restorative Justice","authors":"Annisa Riyantika","doi":"10.29240/negrei.v3i1.7193","DOIUrl":"https://doi.org/10.29240/negrei.v3i1.7193","url":null,"abstract":"State financial losses due to corruption arising from corruption crimes must be returned immediately. The application of the concept of restorative justice in the settlement of corruption crimes was again carried out by the Indonesian Prosecutor's Office with the issuance of SE Jampidsus Number: B765/F/Fd.1/04/2018 dated April 20, 2018 regarding Technical Guidelines for Handling Corruption Cases at the Investigation Stage, which in essence the investigation is not only limited to finding the event of Corruption in the form of unlawful acts, but also must try to find the amount of State Financial Losses. This research aims to analyze how the application of the concept of restorative justice in the law of corruption eradication in order to strengthen the goal of restoring state losses by the perpetrators of corruption crimes, which has recently increased, to find out whether the concept of restorative justice in corruption crimes can be applied in Indonesian law. The type of research used is normative legal research or library legal research, which is legal research conducted by examining library materials (library research), with a regulatory approach, concept approach and analytical approach. The results showed that the application of the concept of restorative justice in corruption crimes in order to strengthen the goal of restoring state losses by perpetrators of corruption crimes can be seen through the Circular Letter of the Deputy Attorney General for Special Crimes Number: B113/F/Fd.1/05/2010 dated May 18, 2010 and the Chief of Police Letter No. Pol. B/3022/XII/2009/sdeops on the concept of Alternative Dispute Resolution (ADR) terroristically and juridically about law enforcement and the concept of restorative justice in corruption crimes can be applied in Indonesian law","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"38 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139322275","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}

{"title":"Analysis of the Similarities between Islamic Government Systems and Modern State Government Systems","authors":"Muhammad Abu Dzar","doi":"10.29240/negrei.v3i1.8285","DOIUrl":"https://doi.org/10.29240/negrei.v3i1.8285","url":null,"abstract":"The purpose of this study is to get an idea of how the principles in Islamic and modern government systems compare, both similarities and differences. Researchers use descriptive-qualitative research. Data obtained through literature reading, analyzed and critically compromised for further narrative description. This research uses descriptive-qualitative analysis, data and information about matters related to this research are studied, reviewed, classified carefully, then the analysis process is carried out by deduction, the analysis process takes place continuously from beginning to end with the aim of finding answers to the rumplations of problems carried by the research.  Based on the analysis of this research data concludes that  the leader in the early Islamic and contemporary government system is a powerful and influential figure, the establishment of the State of Medina on the basis of the agreement of diverse nations, this is the same as the establishment of many countries in the world today, the State of Medina is a state of law because it has a Medina Charter or Medina Constitution,  as many countries in the world declare as State of law. Muhammad as a central figure has always been open in accepting the opinions of others for the benefit of the country, his style of government is fiber with domocracy. Muhammad also at one time became the leader of the State as well as the leader of the government and had full authority just like  the current presidential system of government.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139322203","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}

{"title":"Potential Irregularities in Arrangements of Amendment Regarding the Term of Office of Village Heads in the Indonesian Constitutional Law System","authors":"Ahmad Gelora Mahardika","doi":"10.29240/negrei.v3i1.8024","DOIUrl":"https://doi.org/10.29240/negrei.v3i1.8024","url":null,"abstract":"The discourse to extend the term of office of the village head creates problems in the Indonesian constitutional system. This is because the addition will potentially extend the term of office of the village head to 27 (twenty-seven) years. In fact, cumulatively, the term of office of the village head based on Law Number 6 of 2014 concerning Villages is quite long, namely 6 (six) years and can be elected 3 (three) times, which means that the village head can serve 18 (eighteen) year. On the other hand, the duration of a village head, which has the potential to reach 18 years, is also essentially inconsistent with democratic principles which provide a maximum limit for public officials who are elected through political mechanisms to hold office. For this reason, the idea of reconstructing the village head's term of office has become an urgent issue in the Indonesian constitutional system. The research question in this article is whether there is a potential for irregularities in the arrangements regarding the extension of the village head's term of office. The type and research approach used in this article is comparative normative juridical research with a statutory approach. The hypothesis in this article is that the long term of office of the village head is contrary to the concept of democracy, namely the limitation of power.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139322527","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}

{"title":"The Law Between Secularism and Theology","authors":"Ibnu Amin","doi":"10.29240/negrei.v2i2.5282","DOIUrl":"https://doi.org/10.29240/negrei.v2i2.5282","url":null,"abstract":"This study aims to describe the legal nature between secularism and theology. The research method used is a literature study with a qualitative descriptive approach using content analytics. The results of the research are secularism and theology is part of the school of natural law (kodrati). Secularism i.e. the rejection of religious thought from life even denies the existence of God from the reality of life whereas the center of life through reason and even secularism can resemble a new religion, hence the law is secular based solely on the will of the people's reason alone. That the legal nature of the theological dimension in the Islamic perspective, namely the narrative based on the revelation of Allah and the Sunnah of the Apostle, shows that a set of rules is extracted from and based on the revelation of the Quran and Sunnah. Law in Islam is seen as having two dimensions, namely Shari'a and fiqh. Sharia is fundamental and absolute values, impossible to change, while jurisprudence is a special field formulated by fuqaha'. Secularism in the sense of rationalism in Islam has always been guided by nash which is like thinking of a mujtahid, so the result is not too far from the truth values that nash teaches. Western rationalism, on the other hand, relies solely on the ability of reason alone, so that it is often found that a law is finally amended again because it is incompatible with the values of justice, good and bad.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"403 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130852008","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}

{"title":"Implementation of Official’s Mutation in Bengkulu’s Government: Fiqh Siyasah Perspective","authors":"Miinudin Miinudin, Mia Audyna","doi":"10.29240/negrei.v2i2.5281","DOIUrl":"https://doi.org/10.29240/negrei.v2i2.5281","url":null,"abstract":"Implementation of the mutation of officials was carried out by the Mayor of Bengkulu, which based on a case study that occurred in 2018, the mutation was considered to violate the law and was also considered to be legally flawed and not in accordance with existing regulations. The purposes of this study include: (1) To explain the implementation of mutations in the government of Bengkulu City. (2) To analyze the views of fiqh siyasa on the implementation of the Bengkulu City transfer. The method used in writing this journal is field researchusing qualitative methods. The technique used in collecting data is by observing, interviewing, and documenting. The data analysis used in this study is qualitative analysis using deductive reasoning methods, namely describing general matters and then drawing specific conclusions according to the problems discussed in this study. The results of this study found that in practice, the transfer of officials in the Bengkulu City government had not been carried out properly, as evidenced by case studies of violations that occurred in 2018 and 2019 where the replacement of officials was carried out without written approval from the Minister of Home Affairs. Meanwhile, in the fiqh analysis, siyasah is known as the wizarah namely as a person who is an assistant to the head of state with authority or power in the field of government. And in practice it is still contrary to the principle of wizarah where every assistant to the caliph must pay attention to the rules and regulations that have been set.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128591668","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}

{"title":"Application of Restorative Justice in the Crime of Theft","authors":"Dina Safitri","doi":"10.29240/negrei.v2i2.5854","DOIUrl":"https://doi.org/10.29240/negrei.v2i2.5854","url":null,"abstract":"The concept of restorative justice is also implemented in the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice . The concept of restorative justice is also implemented in the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice . The Tulang Bawang District Prosecutor's Office, Lampung, Indonesia has implemented restorative justice for the crime of petty theft committed by the defendant with the initials BC based on the Decree on Termination of Prosecution of the Head of the Tulang Bawang District Prosecutor's Office Number: PRINT- 01/L.8.4.18/Eoh.2/ 01/2022 dated 27 January 2022 (RJ-14). The purpose of this study was to find out the legal arrangements regarding restorative justice in the settlement of petty theft cases, to find out the application of restorative justice in the settlement of petty theft cases at the Tulang Bawang District Prosecutor's Office, and to find out the obstacles for the Tulang Bawang district attorney to implement restorative justice. in the crime of petty theft committed by Defendant BC. The research method used is a normative method using a juridical approach by managing primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that the legal arrangement regarding restorative justice in the settlement of cases of minor theft crimes is Perma Number 2 of 2012 concerning Adjustment of Limits for Minor Crimes which prioritizes restorative justice Police Circular Letter Number SE/8/VII/2018 concerning Application of Restorative Justice ). The application of restorative justice in the settlement of cases of minor theft crimes at the Tulang Bawang District Attorney is guided by the Republic of Indonesia Attorney General's Regulation No. 15 of 2020 because the defendant is the first time he has committed a crime. Obstacles for the Tulang Bawang District Prosecutor's Office in implementing restorative justice in the settlement of cases of minor theft crimes are that there are negative views and a lack of knowledge regarding community restorative justice, the large number of cases of theft that cannot be applied to restorative justice and the duration of time for making peace is too short.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126820296","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}

{"title":"The legal consequences of the criminal acts signature in the deed of land purchase in front of the land deed official","authors":"Wim Fadel Azmilhuda","doi":"10.29240/negrei.v2i2.5797","DOIUrl":"https://doi.org/10.29240/negrei.v2i2.5797","url":null,"abstract":"Everyone needs evidence regarding a right and an event that occurred. In practice, the Official for Making Land Deeds is an official who is given the authority by government regulations to make authentic deeds. An authentic deed is a proof that is perfect, complete and binding, so that the truth of the things written in the deed must be acknowledged for its truth. An authentic deed contains statements from the parties which are used as the basis for making an authentic deed. Problems arise when the contents of the deed are not in accordance with reality, because there are parties who falsify the signatures in the Sale and Purchase Deed made by the PPAT. The research in this article is normative by using literature studies, documents studies, studies and existing decision studies. With this research, it is hoped that we can find out the legal consequences of forging signatures in the land sale and purchase deed and find out the legal remedies that can be taken when carrying out fake signatures in the land sale and purchase deed.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116973101","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}

{"title":"Standardization of Indonesian anti-unemployment laws in accordance with ILO Conventions","authors":"Beny Saputra, Olivér Bene","doi":"10.29240/negrei.v2i2.5228","DOIUrl":"https://doi.org/10.29240/negrei.v2i2.5228","url":null,"abstract":"The Covid-19 epidemic precipitated a substantial recession ranging from 4.4% to 5.2%. The labor market is one of the most impacted industries, as seen by the high rate of layoffs. The government has created a job loss insurance system as part of its broader protection against unemployment program to counteract this eventuality. This study examines the standardization of Jaminan Kehilangan Pekerjaan (Job Insurance Scheme) in Indonesia in accordance with the ILO Convention No. 168 and its goals. Comparative law is the method employed in this study. In analyzing legal materials, this study use qualitative descriptive analysis in conjunction with ILO convention's main factor and aim. This analysis determined that the JKP or Job loss insurance plan in Indonesia meets five main ILO Convention principles and goals.","PeriodicalId":266014,"journal":{"name":"NEGREI: Academic Journal of Law and Governance","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124187209","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}