Prophetic Law Review最新文献

Invoking International Human Rights Law To Prevent Statelessness Of International Refugee Children Born In Indonesia 援引国际人权法防止在印度尼西亚出生的国际难民儿童无国籍状态

Prophetic Law Review Pub Date : 2023-06-01 DOI: 10.20885/plr.vol5.iss1.art2

Feby Dwiki Darmawan, D. Heriyanto

{"title":"Invoking International Human Rights Law To Prevent Statelessness Of International Refugee Children Born In Indonesia","authors":"Feby Dwiki Darmawan, D. Heriyanto","doi":"10.20885/plr.vol5.iss1.art2","DOIUrl":"https://doi.org/10.20885/plr.vol5.iss1.art2","url":null,"abstract":"The right to a nationality is an essential human right. The importance of having a nationality lies in the fact that it is a necessary condition for the protection and enjoyment of certain basic human rights. Consequently, the failure to fulfil the right of a child to get citizenship will have an impact on the fulfillment of their basic rights. This study explores the urgency of granting citizenship status for the statelessness of international refugee children born in Indonesia, and Indonesia’s responsibility to fulfill the right to a nationality for International Refugee children born in Indonesia under International Human Rights Law. This type of research is normative research using statutory and conceptual approaches. The results of this study indicate that, under international human rights law, everyone has the right to have citizenship and be recognized by their nationality from birth, including children born to refugees. Citizenship status in a person has become a practical prerequisite to be able to obtain respect, protection, and optimal fulfillment of human rights. Indonesian laws and regulations provide two approaches to obtaining citizenship status for refugee children born in Indonesia. The first solution is to prevent citizenship through positive law, and the second solution is to provide citizenship through naturalization. It is hoped that the Indonesian government will be proactive in fulfilling its obligation to provide Indonesian citizenship rights in refugee children’s best interests, and the Indonesian government is expected to ratify the 1954 and 1961 Refugee Conventions.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127368362","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

Between Freedom And Protection: A Critical Review Of Indonesia’S Cyberspace Law 在自由与保护之间:对印尼网络空间法律的批判性回顾

Prophetic Law Review Pub Date : 2023-06-01 DOI: 10.20885/plr.vol5.iss1.art5

Haekal Al Asyari

{"title":"Between Freedom And Protection: A Critical Review Of Indonesia’S Cyberspace Law","authors":"Haekal Al Asyari","doi":"10.20885/plr.vol5.iss1.art5","DOIUrl":"https://doi.org/10.20885/plr.vol5.iss1.art5","url":null,"abstract":"Following the COVID-19 pandemic, dependency on the internet—notably, the utilization of cyberspace—has increased, amplifying the virtual domain to a prominent role in everyone’s everyday life. As a country with one of the highest number of internet users in Asia, Indonesia faces challenges of unequal access, limits on content, data privacy, data security, and digital literacy. Given that cyberspace infrastructure is shared between governments, corporations, individuals, and telecommunication providers while individual countries govern the networks, the Indonesian government is under its own exclusive authority to legislate and create policies governing Indonesia’s cyberspace. There has been significant progress toward a legal framework of Indonesia’s cyberspace law, such as the enactment of the Personal Data Protection Law. Unfortunately, such progress is far from being effective. It is evident from Indonesia’s fragmented laws, response-driven policies, and the numerous cyber incidents that have occurred only within the past years. This article investigates Indonesia’s legal-philosophical position in governing the cyberspace. By using a normative methodology, this research crystallizes Indonesia’s position between the freedom or the protectionist approach through analyzing the existing cyberspace regulations. The result of this study shows that Indonesia is somewhere in the middle of liberalizing its cyberspace and protecting it for its national interest. This position could bring both advantages and disadvantages to Indonesia’s cyberspace development.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"733 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133534028","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

Consumer Bankruptcy Regimes In Europe 欧洲的消费者破产制度

Prophetic Law Review Pub Date : 2023-06-01 DOI: 10.20885/plr.vol5.iss1.art3

T. Fézer, Nikolett Zoványi

{"title":"Consumer Bankruptcy Regimes In Europe","authors":"T. Fézer, Nikolett Zoványi","doi":"10.20885/plr.vol5.iss1.art3","DOIUrl":"https://doi.org/10.20885/plr.vol5.iss1.art3","url":null,"abstract":"Consumer over-indebtedness has been a problem in Europe especially since the 2008 financial crisis. Legal procedures addressing consumer insolvency were scarce and sporadic prior to 2008, however, legislation have accelerated in most Member States of the European Union in the past fifteen years. In lack of any harmonization in the area of consumer bankruptcy in the EU, Member States, while learning from each other in some instances, established their own procedures and regulatory frameworks. The paper attempts to map the various approaches in addressing consumer over-indebtedness looking for common cores to serve as a base for a future legislation in an EU level. The research follows a comparative method mostly relying on the analysis of the relevant norms in the Member States of the EU also wandering to the territory of the sociology of law. The paper concludes the consumer bankruptcy regimes in Europe can be categorized easily and show similarities mostly in the identification of the vulnerable groups and in the legal consequences of the procedures. This finding proves there is ground for the European Commission to propose legislation, preferably in the form of a directive of the Council and of the European Parliament, to ensure a harmonized approach in the field of consumer bankruptcy procedures.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"177 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123003210","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

Itar And The Security Exception: Lessons For Developing Indonesian Defensive Satellites Itar和安全例外:发展印尼防御卫星的经验教训

Prophetic Law Review Pub Date : 2023-06-01 DOI: 10.20885/plr.vol5.iss1.art1

Aris Rahmat Juliannoor, S. Sefriani

{"title":"Itar And The Security Exception: Lessons For Developing Indonesian Defensive Satellites","authors":"Aris Rahmat Juliannoor, S. Sefriani","doi":"10.20885/plr.vol5.iss1.art1","DOIUrl":"https://doi.org/10.20885/plr.vol5.iss1.art1","url":null,"abstract":"Outer space technological development, pioneered by military superpowers including the USA, China, and Russia gives other countries a variety of technologies which they have chosen to use to strengthen their national defence. “The higher the demand, the more expensive it gets.” A country is free to choose what technology to use, but the producer controls who can use their technology. Policies to limit or control space-technology is most clearly reflected by USA policy, named ITAR (International Trade in Arms Regulation), which enables the USA to choose who is able to avail themselves of space technology. A quasi-arbitrary policy like ITAR has harmed the spirit and the soul of international trade law which empowers the “free trade” market that is happening in today’s world. Policy alike has made the US gripped other countries like Indonesia and made them ‘dependence’ on their sophisticated technology and deprived other state’s sovereignty on their space technology, eventually. This study analysed this unprecedented subject through the lens of International Law, especially International Trade Law, encompassing related laws like GATT (General Agreement on Tariffs and Trades) and related precedents on WTO (World Trade Organization) DSB (Dispute Settlement Body) judicial decisions. The results of analysis through international law, assisted with dependence theory and world-system theory (1) categorize the related policy as a violation of GATT, specifically to Article XXI (b) point (ii) about security exception and (2) for the future of Indonesian outer space development, this country should utilize a security exception clause to release itself from the atrocities of ITAR policy or other similar policies.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126545045","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

Maqashid Sharia As The Basis For Decision Making Of Corporate Social Responsibility Based On A Prophetic Legal Paradigm 基于先知法律范式的企业社会责任决策依据——麦卡希德·伊斯兰教法

Prophetic Law Review Pub Date : 2023-06-01 DOI: 10.20885/plr.vol5.iss1.art6

Jejen Hendar

引用次数: 0

Risk Allocation In International, European, And Turkish Business Law 国际、欧洲和土耳其商法中的风险分配

Prophetic Law Review Pub Date : 2023-06-01 DOI: 10.20885/plr.vol5.iss1.art4

Ç. Şahin

引用次数: 0

Harmonization Of State Administrative Court Law And Other Laws Concerning The State Administrative Courts Exclusive Authority 国家行政法院法律与其他有关国家行政法院专有权的法律的协调

Prophetic Law Review Pub Date : 2022-12-01 DOI: 10.20885/plr.vol4.iss2.art6

Nurwigati Nurwigati

{"title":"Harmonization Of State Administrative Court Law And Other Laws Concerning The State Administrative Courts Exclusive Authority","authors":"Nurwigati Nurwigati","doi":"10.20885/plr.vol4.iss2.art6","DOIUrl":"https://doi.org/10.20885/plr.vol4.iss2.art6","url":null,"abstract":"This study describes and analyzes the urgency of harmonizing the exclusive authority of State Administrative Court as stipulated in the State Administrative Court Law and Non-State Administrative Court Law, and how to do this harmonization in relation to the implementation of legality principles, the theory of hierarchical regulations, and laws on the establishment of laws and regulations. As normative research using statutory and conceptual approaches, this research used a descriptive qualitative analytical method. It is expected that the results of this research can contribute to the development of Constitutional law and State Administrative Law, as well as to contribute ideas to policymakers in making and formulating various regulations related to appropriate methods to overcome disharmony in regulating the exclusive authority of the State Administrative Court to ensure that the law issued on the exclusive authority of the State Administrative Court meets society’s needs for good laws and regulations. This study concluded the following points: first, it is necessary to harmonize the State Administrative Court Law and laws other than State Administrative Court on the exclusive authority of the State Administrative Court to avoid any overlap to ensure harmonization of the laws. Secondly, the usual drafting method is more appropriate than the omnibus method because we only need to amend the State Administrative Court Law, while the other laws remain unamended.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"17 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125537554","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

The Ijtihad Construction Of Islamic Law Based On The Maqâshid Al-Syarî'Ah Approach In The Indonesian Context 印尼语境下基于maq<s:1> shid Al-Syarî’Ah方法的伊斯兰教法伊智提哈德建构

Prophetic Law Review Pub Date : 2022-12-01 DOI: 10.20885/plr.vol4.iss2.art4

Chamim Tohari, Hudzaifah Fawwaz, Isma Swadjaja

{"title":"The Ijtihad Construction Of Islamic Law Based On The Maqâshid Al-Syarî'Ah Approach In The Indonesian Context","authors":"Chamim Tohari, Hudzaifah Fawwaz, Isma Swadjaja","doi":"10.20885/plr.vol4.iss2.art4","DOIUrl":"https://doi.org/10.20885/plr.vol4.iss2.art4","url":null,"abstract":"This research is developed from the author's findings of ambiguity in recent philosophical aspects of the application of Islamic law in Indonesia. Accordingly, it is crucial to immediately reform the ijtihad of Islamic law in Indonesia, because the practice is no longer in line with maqâshid al-syarî'ah and the principles of Islamic law. This can be seen from the emergence of civil disobedience toward Islamic law fatwas issued by fatwa institutions in IndonesiaThe purpose of this study is to find answers to the problems specified in the formulation of the problem. This research is a descriptive-normative research or library research that uses content analysis of the data obtained. In addition to using a conceptual approach, this study also uses a maqashidi approach (Maqâshid-Based Ijtihad) to answer the problem studied. The results of this study are: First, there is philosophical confusion regarding the application of Islamic law in Indonesia which includes ontological, epistemological, and axiological confusion. Second, maqâshid al-syarî'ah known as al-ushûl al-khamsah includes the maintenance of religion (hifz al-dn), life (hifz al-nafs), lineage (hifz al-nasab), mind (hifz al-aql), and property (hifz al-mȃl), as the dharûriyyah, hȃjiyyah and tahsȋniyyah level. Meanwhile maqâshid al-'ammah includes the following universal maqâshid principles; nature (al-fiṭroh), tolerance (al-samâhah), benefit (al-maslahah), equality (al-musâwah), and freedom (hurriyâh). Third, reformulation of Islamic law in Indonesia with the maqâshid al-syarî'ah approach can be achieved through two constructs, namely the integration of legal texts with al-ushûl al-khamsah and integration of legal texts with maqâshid al-syarî'ah al-'ammah.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128015885","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

The Concept Of Licensing Authority Of The Architectural Work Modification Of Cultural Heritage Buildings 文化遗产建筑作品修改许可权限的概念

Prophetic Law Review Pub Date : 2022-12-01 DOI: 10.20885/plr.vol4.iss2.art2

M. E. Sumiarni, Yustina Niken Sharaningtyas, S. Sefriani, Y. S. Pudyatmoko

{"title":"The Concept Of Licensing Authority Of The Architectural Work Modification Of Cultural Heritage Buildings","authors":"M. E. Sumiarni, Yustina Niken Sharaningtyas, S. Sefriani, Y. S. Pudyatmoko","doi":"10.20885/plr.vol4.iss2.art2","DOIUrl":"https://doi.org/10.20885/plr.vol4.iss2.art2","url":null,"abstract":"This research aims to identify the licensing authority over architectural works and modification of designated Cultural Heritages. In addition, this research examines the antinomy of legal concepts, including the antinomy of the legal concept of a licensing authority, the antinomy of the legal concept of modification of creation, and the antinomy of the legal concept of cultural heritage. With normative research, this study reveals that there is no legal certainty, between the local and central government, concerning licensing authority to cultural heritage building adaptation. There is no such a unitary system or firm and clear SOPs, which has resulted in the demolition and destruction of cultural heritage buildings. There are differences of opinion regarding the authority to permit the alteration of architectural works of cultural heritage buildings that have been stipulated. Permits for the restoration of cultural heritage buildings are obtained not through a building permit but through BPPM DIY (Licensing and Investment Service). These permits include restoration permits, adaptation permits, and development permits, especially for revitalization and utilization. There is no balance between moral and economic rights of the owner of the cultural heritage building. The preservation is more likely to emphasize moral rights but still overlooking the economic rights of the creator/owner.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114186234","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

Local Government Policy In Distribution Of Healthcare Workforce During The Covid-19 Pandemic (Kebumen Regency) 地方政府在Covid-19大流行期间的医疗人力分配政策(科布门县)

Prophetic Law Review Pub Date : 2022-12-01 DOI: 10.20885/plr.vol4.iss2.art1

Triyo Rachmadi, Resti Agustina

{"title":"Local Government Policy In Distribution Of Healthcare Workforce During The Covid-19 Pandemic (Kebumen Regency)","authors":"Triyo Rachmadi, Resti Agustina","doi":"10.20885/plr.vol4.iss2.art1","DOIUrl":"https://doi.org/10.20885/plr.vol4.iss2.art1","url":null,"abstract":"The main responsibility of the Indonesian government is to protect its citizens, including in the healthcare sector. However, the Government of Kebumen Regency has not fully implemented the responsibility. The research questions are (1) what were the policies of the local government of Kebumen Regency concerning the distribution of healthcare workforce during the COVID-19 Pandemic? (2) How do legal theories address any issues related to the local government policies concerning the distribution of healthcare workforce during the COVID-19 Pandemic? This was a qualitative descriptive study which used a sociological or empirical non-doctrinal method. The study was carried out in Kebumen Regency and the sources consisted of the Head of the Healthcare Agency, one human resource analyst, and one healthcare worker. This study operated under various theories, including Aristotelian political ethics and the will to power by Friedrich Wilhelm Nietzsche. This study found that the regent of Kebumen Regency had not demonstrated concern in distributing healthcare workforce to healthcare facilities during the COVID-19 Pandemic. The policy issued by the government of Kebumen Regency concerning the distribution of healthcare workforce is considered inappropriate. The political ethics theory shows that local government could issue policies concerning the distribution of healthcare workforce regardless of the existing needs for healthcare human resources. The will to power theory shows that local government policies can be considered as either appropriate or inappropriate policy.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114213681","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