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International Journal of Law and Politics Studies
Number of Followers: 1  

  This is an Open Access Journal Open Access journal
ISSN (Online) 2709-0914
Published by Al-Kindi Center for Research and Development Homepage  [14 journals]
  • Legal Policy and the Exemplary Growth of Islamic Banking Business: The
           Case of Malaysia

    • Authors: Agus Triyanta; Rusni Hassan, Mahrus Ali, Jawahir Thontowi
      Abstract: As a new economic entity, the Islamic banking business is an interesting object, not solely for economic and legal discourses, but again for the economic and financial anchor that may elevate the profit for the existing financial and economic industries, and thus also for a country. It is generally agreed, therefore, that the growth and development of this new industry in particular counties are due to concerted efforts politically, legally, economically, socially, and other relevant causes. Malaysia is an interesting case to consider since the growth of the Islamic banking business here is proven to be the best compared to the other countries within the region. This article seeks to explore how the Islamic banking business has developed across the decades and how legal policy has spearheaded the growth of the Islamic banking business in Malaysia. The discussion will cover government policies, facilitative legal frameworks, and the simple fatwa issuer body. The adopted legal policy has been proven to be a significant factor that led to the growth of the Islamic banking industry.
      PubDate: Wed, 18 Jan 2023 00:00:00 +000
       
  • The Legal Interpretation of the State of Musytari‚Äôs Force Majeure on the
           Murabahah: Financing Contract Post Presidential Decree No. 12 of 2020

    • Authors: Bagya Agung Prabowo; Nurjihad
      Abstract: Force majeure may occur in a murabahah financing contract, which is the most widely used financing product by Islamic banking. This coercive situation has elements that must be fulfilled to be regulated in Article 1245 of the Civil Code (BW), which stipulates that compensation and interest can be forgiven in case of compelling circumstances. Many experts and practitioners are of the view that Article 1245 of the Civil Code can be used as the legal basis for the application of force majeure even though this clause has not been regulated in the agreed contract. On the other hand, this murabahah contract is regulated in the Supreme Court Regulation Number 2 of 2011 concerning the Compilation of Sharia Economic Law (KHES). The issuance of Presidential Decree Number 12 of 2020 concerning the Determination of Non-Natural Disasters for the Spread of Corona Virus Disease 2019 (Covid-19) as a National Disaster has implications for the emergence of various interpretations among the public and can be used as the basis for the cancellation of civil contracts, including murabahah contracts. The reason is that disaster is a force majeure that causes people to be unable to fulfill their achievements due to events beyond their capabilities. To overcome these problems, this research uses an analytical method based on doctrinal content by applying four types of legal approaches, namely: (i) historical/historical; (ii) Jurisprudence/philosophy; (iii) comparison; and (iv) analytical and critical. This study aims to identify the legal interpretation of Musytari's force majeure in murabahah financing contracts.
      PubDate: Mon, 16 Jan 2023 00:00:00 +000
       
  • Harmonization and Implementation of Policies for Handling the Covid-19
           Pandemic in Gresik Regency

    • Authors: Asluchul Alif; Radian Salman, Suparto Wijoyo, Rian Pramana Suwanda
      Abstract: The problem of handling the Covid-19 pandemic is not only about health but also the massive social-economic impact (McKee and Stuckler, 2020; Daniel et al., 2020; Mahler et., 2020; Laborde et al., 2020). Multidimensional responses from various countries have also been followed by Indonesia since the enactment of Presidential Decree 11/2020 concerning the Establishment of a Covid-19 Public Health Emergency. The Indonesian government is taking extraordinary steps by focusing on health care, social safety nets, and economic recovery. This study harmonizes various regulations in handling the socio-economic impacts of the Covid-19 Pandemic, especially in the implementation of social safety nets and takes case studies of the formulation and implementation of social safety nets in Gresik Regency as an area with a high escalation of Covid-19 infections, experiencing large-scale social restrictions, and poverty conditions which are above the national and East Java averages. The approach used in this study is a sociological approach with the methodology of harmonization of law, Regulatory Impact Analysis(RIA) and the Rule, Opportunity, Capacity, Communication, Interest, Process, and Ideology (ROCCIPI) method. Data mining in harmonization comes from statutory provisions that are directly related to the implementation of social safety nets. Meanwhile, the RIA and ROCIIPI analysis used 19 informants who were directly involved in preparing social safety net regulations in Gresik Regency. The research finding is a regulatory harmonization framework social safety net from the national to regional levels, as well as an analysis of the formulation and implementation of social safety net regulations based on good regulatory governance criteria. Gresik Regency's social safety net regulations are aligned with the priority of the Government's extraordinary measures in the field of state finance in the context of saving health and the national economy through a focus on spending on health, social safety net, and economic recovery. Formulation and implementation of regulations Gresik Regent Regulation 16/2020 concerning Social Safety Nets, Economic Stimulants, and Village Direct Cash Assistance Handling the 2019 Corona Virus Disease (Covid-19) Pandemic Gresik Regency has complied with most of the good regulatory governance criteria but requires improvement in aspects bureaucratic level involvement, stakeholder involvement, and transparency and communication factors.
      PubDate: Fri, 13 Jan 2023 00:00:00 +000
       
  • Regulation of Copyright Translation of Literature on Digital Platforms: A
           Comparative Study

    • Authors: Anisa 'Izzati; Budi Agus Riswandi, Karimatul Ummah
      Abstract: The emergence of digital literature as an object of digital copyright is one of the phenomena of the development of information technology. However, unlimited access to digital containers can make it easier for someone to misuse a work of digital literature against rights. Each country, through its national laws, then tries to provide legal protection for the parties, including the United States through the Digital Copyright Millennium Act (DMCA) and Indonesia through the Copyright Act 2014 (UHC). This research will discuss the regulation of digital literature translation contained in the DMCA and UHC. This research is juridical-normative with the case, statutory, and comparative approaches, whose data collection is done through a literature study. The results of the study concluded that, First, the DMCA has comprehensively regulated the provisions of digital copyright so that it has provided legal certainty. In contrast, the UUHC has not been regulated completely, so it does not provide legal certainty. Second, the DMCA and UUHC are still unable to accommodate the ideal legal protection of digital literature, and Third, the provisions of the DMCA and UUHC also still do not provide legal benefits from the regulation of digital copyright.
      PubDate: Fri, 06 Jan 2023 00:00:00 +000
       
  • Framing the Covid-19 Pandemic as a Force Majeure Clauses to Escape
           Debtor’s Liability

    • Authors: Eko Rial Nugroho; Mahrus Ali, Rohidin, Jawahir Thontowi, Karimatul Ummah
      Abstract: The COVID-19 pandemic severely caused great turmoil in Indonesian living memory. It affected public activities, specifically the business sector. Many businesses collapsed, and workers lost their jobs, causing unemployment. The accompanying government legal policies included the determination of the pandemic as a non-natural disaster and the large-scale public health orders. Business debtors are most likely attempts to escape their contractual obligations based on force majeure clauses. This paper analyzes whether the COVID-19 pandemic is a force majeure under Indonesian law that sought to escape debtors’ liability. The study elaborates on a qualitative approach and focuses on obtaining data through in-depth analysis and case study research. The normative juridical approach further elaborates to refer to the applicable laws, regulations, and legal doctrines. The result of the study appraised the readers that force majeure defense escapes the debtors’ liability against nonperformance claims by the creditors. Force majeure is a contractual provision that relieves performance obligations in case of a circumstance or event went beyond the control of a party and occurs subsequent to the contract coming into effect, rendering the obligations of such contracts impossible to perform. The debtors may stand on the ground that a default occurred due to an unexpected event, and it shall exempt a liability as there was no element of malice; it was unintentional due to force majeure.
      PubDate: Thu, 05 Jan 2023 00:00:00 +000
       
  • Reward and Punishment for Whistleblower and Justice Collaborator in
           Indonesia: A Regulatory Analysis

    • Authors: Mahrus Ali
      Abstract: There might be possible risks or harms for persons who disclose criminal cases to public authorities. This must be followed by adequate legal protection. The law also provides a legal safeguard for those who give false testimony on certain persons or cases. This paper aims to examine legal provisions on reward and punishment for whistleblowers and justice collaborators in Indonesia and propose better adequate protection. This study is doctrinal legal research that relies on several legal norms as a primary source of information. The research finding revealed that existing legal norms for whistleblowers and justice collaborators are still inadequate due to their inability to motivate a person to report criminal cases to law enforcement officials. Therefore, they should get balanced treatment both in rewards and punishment to stir the cases and to prevent falsified testimony before a court that causes an adverse impact on others’ rights.
      PubDate: Sun, 01 Jan 2023 00:00:00 +000
       
  • Artificial Intelligence Crime within the Concept of Society 5.0:
           Challenges and Opportunities for Acknowledgment of Artificial Intelligence
           in Indonesian Criminal Legal System

    • Authors: Muhammad Oscar Dharma Putra Mulya; Mahrus Ali
      Abstract: This research explores the challenges and opportunities for the recognition of Artificial Intelligence (A.I.) as a new legal subject in the Indonesian Criminal Legal System within the concept of Society 5.0. There have been circulating debates concerning the possibility of approving A.I is a novel legal subject, as it does not possess independent consciousness; its existence and action are determined by another entity, that is, the programmer or developer of that A.I. Hence, an A.I cannot be imposed with legal responsibilities. However, due to the ever-growing nature of human civilization, it is probably safe to argue that the future of A.I. is still unclear. A.I. might execute an order which opposes that of its creator, for instance, a crime. A question then may arise following this theory: if an A.I. behaves in contrast to its creator’s intention, can it be accepted that such A.I. has developed its own mind, fully separated from the human entity' Then, on that account, can the A.I. be inflicted with criminal responsibility' Consequently, if the answer is positive, what should be changed or adjusted in the Indonesian Criminal Legal System so as to incorporate such liability of A.I.' Finally, what would be the plausible sanction that can be imposed on an A.I. committing a crime' Will such kind of sanction be sufficient and suitable for society’s standards' This paper will try to present elaborate discussions regarding these concerns.
      PubDate: Sun, 01 Jan 2023 00:00:00 +000
       
 
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