Prophetic Law Review最新文献_第4页

Legal Policy of Formalization of Islamic Sharia in Indonesia 印尼伊斯兰教法正规化的法律政策

Prophetic Law Review Pub Date : 2020-12-01 DOI: 10.20885/PLR.VOL2.ISS2.ART3

Muhammad Najib

{"title":"Legal Policy of Formalization of Islamic Sharia in Indonesia","authors":"Muhammad Najib","doi":"10.20885/PLR.VOL2.ISS2.ART3","DOIUrl":"https://doi.org/10.20885/PLR.VOL2.ISS2.ART3","url":null,"abstract":"There are always some Indonesians that discourse and fight for the idea of Islamic state and formalization of sharia. Their effort through constitutional channels gains some success, like 1974 Marriage Act, 1989 Religious Courts Act, and Compilation of Islamic Law (KHI). Sharia formalization is strongly influenced by political interests of the rulers which are inseparable from the socio-political context of its application. This article discusses on how the change of political circumstance has influenced the formalization of sharia in various eras of Indonesia’s government and political factors that influence the dynamic of the formalization of sharia. By using socio-legal research, this study reveals that the formalization of sharia in Indonesia experienced ups and downs according to the relation between state and religion applied by each regime. The formalization is more influenced by the relationship between Islam and the state. When Islamic camp got formalist in character, the formalization was difficult. but if a cultural character was used, formalization became easier. Furthermore, the formalization of sharia by the rulers at least has political, administrative, and contextualization interests.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"23 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113962892","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

Towards Religiosity-Based Legal Science: Critical-Constructive Prophetic Law on Positivism Paradigm 走向以宗教为基础的法学:实证主义范式下的批判-建构预见法

Prophetic Law Review Pub Date : 2020-12-01 DOI: 10.20885/PLR.VOL2.ISS2.ART6

Lukman Santoso

{"title":"Towards Religiosity-Based Legal Science: Critical-Constructive Prophetic Law on Positivism Paradigm","authors":"Lukman Santoso","doi":"10.20885/PLR.VOL2.ISS2.ART6","DOIUrl":"https://doi.org/10.20885/PLR.VOL2.ISS2.ART6","url":null,"abstract":"Positivism, which is the spirit of modern legal development, has brought legal science to an increasingly ridiculous realm, resulting in the collapse of public trust in legal institutions. The alienation of legal principles such as the substance and legal structure of the religious value also contributes to this distrust. Thus, it is necessary to make a philosophical criticism of the legal positivism paradigm. This research is doctrinal research using a philosophical approach. The data collection technique was conducted by using a research library. The results of this study provide findings. First, the urgency of a philosophical criticism of the positivism paradigm is based on that this paradigm has taken the law away from the values of religious morality. Ideally, in the framework of prophetic law, law is not only a human affair, but as an embodiment of divine values. Second, critical-constructive prophetic law rests on the development of legal science based on transcendental religious values. The application in the Indonesian context is to synergize the pillars of humanization, liberation and transcendence within the framework of the rule of law Pancasila. Therefore, the law can benefit all. The contribution of this study will further strengthen the building of Indonesian law which is divinity, humanity, unity, democracy, and justice.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126616166","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

Mars Colonization Plan: The Possibility And Scheme For Appropriation On Mars 火星殖民计划:在火星上占有的可能性和方案

Prophetic Law Review Pub Date : 2020-12-01 DOI: 10.20885/PLR.VOL2.ISS2.ART2

Y. Putro

{"title":"Mars Colonization Plan: The Possibility And Scheme For Appropriation On Mars","authors":"Y. Putro","doi":"10.20885/PLR.VOL2.ISS2.ART2","DOIUrl":"https://doi.org/10.20885/PLR.VOL2.ISS2.ART2","url":null,"abstract":"This In the dawn of space era, State-driven and monopolized the space activities. This was exacerbated by high cost, military interference and the uncertain possibilities of civilian use. Nevertheless, as space technology grew, the enormous benefits created by space activities gradually motivated private companies to spend more capital and to use space for commercial purposes. Recently, two major of private space firms, SpaceX and Mars One reportedly has released their mission to Mars in order to conducted Mars Colonization Plan. On the other hand, the Outer Space Treaty and the rest of Corpus Juris Spatialis clearly prohibits to do appropriation on the Moon and the other Celestial Bodies, including Mars. It will be a new challenge for all legal actors, especially in the sense of the outer space regime, to explore this concept. This study applies normative legal research methodology. This study found: the current Outer Space Treaty particularly related to the non-appropriation principle is not relevant to the development of space technology and activities. Then, in this study the non-appropriation principle will be revisited based on the customary international law mechanism. Second, this study found the suitable scheme of appropriation during Mars Colonization Plan by establishing an Independent entity which authorize and organize the activities and also by implementing several stages in appropriating the Martian areas. Third, this study then proposed legal framework through amending and modernizing the Outer Space Treaty in order to compromise between the non-appropriation principle and the development of space commercialization.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116132040","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

Implications Of Polygamy Practices On Positive Law In Indonesia 印度尼西亚一夫多妻制实践对实在法的影响

Prophetic Law Review Pub Date : 2020-06-01 DOI: 10.20885/PLR.VOL2.ISS1.ART2

Najmah Jaman

引用次数: 2

Constitutionality In Production Sharing Contracts: Legal Policy On Petroleum And Natural Gas 产量分成合同的合宪性:石油天然气法律政策

Prophetic Law Review Pub Date : 2020-06-01 DOI: 10.20885/PLR.VOL2.ISS1.ART5

Muhammad Luthfan Hadi Darus

引用次数: 4

The Pernicious Consequences Of Political Corruption In Indonesia 印尼政治腐败的有害后果

Prophetic Law Review Pub Date : 2019-09-19 DOI: 10.20885/plr.vol1.iss1.art1

Febri Handayani

{"title":"The Pernicious Consequences Of Political Corruption In Indonesia","authors":"Febri Handayani","doi":"10.20885/plr.vol1.iss1.art1","DOIUrl":"https://doi.org/10.20885/plr.vol1.iss1.art1","url":null,"abstract":"Political corruption is an ethical and juridical deviation committed by people with positions of political power. Political corruption has a more structured system than general corruption cases, because political corruption is committed to satisfy the interests of political parties. Political corruption cases are commonplace in a country where political corruption is rampant. This is a normative legal research, using a case approach, conceptual approach, and statutory approach, as well as qualitative analysis. Based on this analysis, it is conclusive that political corruption is an action carried out by political elites or state government officials that has an impact on the country's political and economic situation. People and or parties who have political positions usually commit these acts. Political corruption can be in the form of abuse of authority, granting influence, lobbying, self-enrichment, vote-buying, and election fraud. In terms of effectiveness of the law, the pervasive political corruption in Indonesia is attributed to ineffective law enforcement related to political corruption. In fact, some former corruption convicts may become a corruption recidivist simply because the law enforcement of political corruption fails to have any deterrent effect due to the disharmony between laws and regulations related to political corruption. The rampant political corruption practices result in violations against the principles of good governance.","PeriodicalId":330493,"journal":{"name":"Prophetic Law Review","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129142096","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: 2

Review Of Indonesian Constitutional Court Decision Number 21-22/PUU-V/2007 Based On The Inclusive Legal Theory 基于包容性法律理论的印尼宪法法院第21-22/PUU-V/2007号判决述评

Prophetic Law Review Pub Date : 2019-09-19 DOI: 10.20885/plr.vol1.iss1.art2

M. Darwis

引用次数: 2