JournalTOCs

Law and Justice
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This is an Open Access Journal

Open Access journal
ISSN (Online) 2549-8282
Published by Universitas Muhammadiyah Surakarta

[33 journals]

The Validity of Bitcoins According to the Islamic Law
- Authors: Wardah Yuspin, Sakia Agia Salsabella
  Pages: 112 - 128
  Abstract: The presence of bitcoin invites many uncertainties, such as concerning its legality and the statement that bitcoin is not an official currency in Indonesia. Objective: This research aims to analyze the bitcoins in the perspective of the Islamic Law. Method: This research uses the literature review method. The literary materials obtained are in the form of scientific papers, online media, books, etc. that concerns the analyzed object. Findings: The circulation of bitcoin in Indonesia as a medium of exchange cannot be regarded as a currency, as it does not fulfill the terms and conditions for something to be called money. The bitcoin’s function does not commensurate with the function of money in the concept of the Islamic economy, as it tends to be a traded commodity rather than a facility of transactional exchange. In the perspective of Islamic law, the speculative use of bitcoins may bring one to the risk of violating the law on gharar (uncertainty, hazard); dharar (a transaction that may bring loss to a party); and qimar (game of chance). No authority guarantees bitcoins, and this causes harm. In conclusion, bitcoins produce more harm than good. Thus, its usage is prohibited by Islamic law. Function: This research provides an explanation of the legality of bitcoins, that may aid the Indonesian society to decide whether or not they can use bitcoins according to the law and th sharia. Novelty: There has not been any researches that study the same topic as that discussed in this article.
  PubDate: 2022-03-24
  DOI: 10.23917/laj.v6i2.17178
  Issue No: Vol. 6, No. 2 (2022)
The Urgency of Using Syariah Method Facing Economic Crisis : to Compare
with Conventional Method
- Authors: Nadya Puteri Andreza, Abdul Adhim Mustaqim, Fadia Fitriyani
  Pages: 129 - 147
  Abstract: The global economic crisis has resulted in various global financial institutions experiencing losses and bankruptcy. The recurring global financial crisis in the world requires solutions to be resolved and prevented. The global economic crisis has resulted in various global financial institutions experiencing losses and bankruptcy. The perfect Islamic Sharia is able to provide a way out of the grip of the global economic crisis that has hit many countries today. The Islamic economy is one of the significant steps the government must take in dealing with negative spreads and the vulnerability of the global economy. Sharia banking is considered to be more crisis resistant than conventional banking if economic conditions deteriorate. This is because Islamic banking is more flexible in dealing with any situation. Islamic banking is increasingly recognized in the community from day to day. Not only for Muslims, but also for those who are non-Muslims. This study aims to determine the Islamic economy as the best solution in solving the problem of the global economic crisis. The data used in this research is secondary data. The results of this study indicate that the Islamic economy is a solution to the global economic crisis. Islamic banking can help in overcoming the burden of the crisis in the short term and also in the future.
  PubDate: 2022-03-24
  DOI: 10.23917/laj.v6i2.13331
  Issue No: Vol. 6, No. 2 (2022)
War during the COVID-19 Pandemic: Case between Israel and Palestine
- Authors: Yordan Gunawan, Kania Dewi, Gladis Tazaka Mustaqim, Mohammad Hasyar Arumbinang
  Pages: 148 - 160
  Abstract: The purpose of this article is to find out how international law plays a role in the Israeli-Palestinian war during the Covid-19 pandemic. The method in writing this article was a literature study by collecting literature from journals and books relevant to the topic, then analyzing it, and then making conclusions. The emergence of the Covid-19 pandemic that spreads rapidly raises concerns about the socio-economic conditions of Palestinian citizens. The challenge is getting bigger in tackling these two problems simultaneously. The condition of Palestinian citizens is increasing concerning with the destruction of WASH facilities (water, sanitation, and hygiene), the inhibition of the supply of necessities that will enter the Palestinian state, as well as the destruction of the natural environment since these aspects can be used to prevent the spread of the Covid-19 virus. International humanitarian law actually exists to limit the occurrence of such incidents, but these regulations are violated by the military and the Israeli government. This article is helpful to find out how the actions of the state of Israel against Palestine during the Covid-19 pandemic are based on the perspective of international law. This article was compiled with references to various literary sources from national and international journals and books. In addition, it also uses the latest news from the topics discussed. The result of this literature study is that the conflict that is being experienced by Israel and Palestine is not getting better with the increasing number of attacks on Palestinian civilians.
  PubDate: 2022-03-24
  DOI: 10.23917/laj.v6i2.15211
  Issue No: Vol. 6, No. 2 (2022)
Copyright Protection of Art Containing Nudist Elements Under Positive Law
In Indonesia
- Authors: Mohamad Nur Kholiq, Dinda Ajeng Puspanita, Prawitra Thalib
  Pages: 161 - 173
  Abstract: In Law No. 28 of 2014 concerning Copyright, copyright can be granted to photography and painting as works of art produced by human creativity and initiative. Problems arise in realism works of art in the form of painting or photography containing nudist elements. By applying normative juridical research approaches of legislation (statute approach) and conceptual approach, this study examined restrictions based on the meaning of one article that works being the object of copyright protection must comply with morals, religion, morality, public order or national defense and security. The findings revealed that copyright objects in the form of works of art containing nudist elements, as long as they follow the culture of the local community and are not intended to arouse sexual arousal, are entitled to copyright protection.
  PubDate: 2022-03-28
  DOI: 10.23917/laj.v6i2.17480
  Issue No: Vol. 6, No. 2 (2022)
COVID-19 Vaccination Policy: Quo Vadis Fulfillment of Citizen’s
Right to Life
- Authors: Fahmi Fairuzzaman, Deva Angger Rakasiwi, Galih Aprillia Wibowo, Imaniar Rinanda Ayuningtyas
  Pages: 174 - 190
  Abstract: This article aimed to analyze the factors that influence the pros and cons of the community regarding the COVID-19 vaccine policy and discuss the formulation of the Indonesian Government's policy regarding the distribution of an effective vaccine to realize the right to life amid the COVID-19 pandemic. Furthermore, the methodology of this research is normative, in the hope that the research approach was carried out for researchers to obtain information from various aspects in order to find the issues to be addressed. Normative research uses legal materials obtained through scientific literature or the law. The results of the conclusion show that the factors influencing the pros and cons of the community regarding the fulfillment of the right to life through vaccine policies consisted of multicultural settings that affected the mindset and perspective of the community in perceiving the COVID-19 virus outbreak so that there were differences of opinion regarding government policies that echoed mass vaccines to aggravate the number of the positive cases. Besides, the government's consistency factor in the form of data disclosure regarding COVID-19 led the public to obtain inaccurate information from various sources, giving rise to diverse public opinions. The formulation of government policies related to the provision of effective vaccines to realize the right to life amid the COVID-19 pandemic was done through the 3S vaccine policy, namely before the vaccine, during the vaccine, and after the vaccine. These included campaigns of the main objectives of the COVID-19 vaccine, priority allocation of COVID-19 vaccinations, and efforts to supervise COVID-19 vaccinations.
  PubDate: 2022-04-01
  DOI: 10.23917/laj.v6i2.15269
  Issue No: Vol. 6, No. 2 (2022)
The Merging Cooperatives Based on The Regulation of Cooperatives and Job
Creation
- Authors: Dewi Sulistianingsih, Hendri Januar Romadhon, Pujiono Pujiono
  Pages: 191 - 201
  Abstract: This paper aims to describe and analyze the procedure for merging cooperatives in Indonesia based on applicable regulations and the legal consequences of merging these cooperatives. Cooperative is a form of cooperation in the economic area. Cooperation in cooperatives is generally conducted under the same goal: the necessities of life. In industrialized countries, cooperatives emerged as a reaction to the system of economic freedom in the 19th century, where a group of capital owners controlled people's lives. Cooperatives in several countries have merged to increase the existence and efficiency of improving their welfare. In Indonesia, the merger of cooperatives is necessary when the cooperative wants efficiency to improve welfare. Based on the study results, it can be seen that merging cooperatives was carried out to improve the welfare of members. The act of merging cooperatives was carried out with the legal provisions in Law Number 25 of 1992. It did not use the existing rules in the Law of the Republic of Indonesia No. 11 of 2020 on Job Creation.
  PubDate: 2022-04-01
  DOI: 10.23917/laj.v6i2.17740
  Issue No: Vol. 6, No. 2 (2022)