JournalTOCs

Varia Justicia
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This is an Open Access Journal

Open Access journal
ISSN (Print) 1907-3216 - ISSN (Online) 2579-5198
Published by Universitas Muhammadiyah Magelang

[10 journals]

Why is PayLater Scheme via E-commerce Prohibited in Islam' Islamic Law
Overview
- Authors: Nur Rizqi Febriandika, Ahmad Syaifuddin, Aminudin Ma'ruf
  Pages: 84 - 96
  Abstract: The internet has now been used as a medium for Online shopping; one of the media for Online shopping is e-commerce. Currently, a delayed payment system (debt) called PayLater has been implemented in e-commerce. The purpose of this study is to find out how the usage of PayLater in e-commerce is based on the perspective of Islamic law. This type of research is qualitative. Data collection methods used are library research, observation, and interviews. This study uses descriptive data analysis techniques, namely analyzing a phenomenon or social reality, by describing variables that are concerned with the problem and unit being studied and analyzed descriptively qualitatively using an inductive thinking approach, namely a way of thinking that departs from facts, events that occur. Then from the specific and concrete facts, generalizations that have a general nature are drawn. The results of the study prove that the law of buying and selling online according to Islamic law is valid as long as it does not contain haram elements and the goods being traded are halal. However, the practice of PayLater loans is not in accordance with Islamic law because there is an element of usury contained in it.
  PubDate: 2022-11-03
  DOI: 10.31603/variajusticia.v18i2.6759
  Issue No: Vol. 18, No. 2 (2022)
Corporate Social Responsibility Supervisors in Indonesia: Analysis of
Local Government Regulation in 10 Province in Indonesia
- Authors: Diana Setiawati, Zulfiani Ayu Astutik, Soepatini soepatini, Haszmi Alfateh, Enno Haya Gladya Naranta
  Pages: 97 - 113
  Abstract: Corporate Social Responsibility (CSR) is a business practice that is governed by the law in Indonesia. Every company in Indonesia is required to implement CSR under the Investment Law No. 25 of 2007 and the Limited Liability Company Act No. 40 of 2007. However, some local governments have created district laws that guide CSR applications because CSR rules are not officially established. In the legal concept, each regulation must appoint an institution in charge of managing and supervising the implementation of the regulation. Meanwhile, in Indonesia, every local government regulation has its own description of CSR supervisors body. Some provinces decide on the local government as a CSR supervisor, and some provinces choose district assembly as CSR supervisors. Institutional matters are stated in Law No. 11 of 2009 concerning Social Welfare, that the government and local governments coordinate the implementation of CSR. However, due to the different interpretations of each local government regulation, the legal basis for CSR supervision is unclear. So, this paper aims to know several institutions that have functions as CSR supervisors based on an analysis of regional regulations in 10 provinces in Indonesia. This research will use normative research methods, namely legal research conducted by analysing and researching library materials or secondary data. The final result of this research is policy suggestions to add an article about supervisory bodies on some regulation that regulates CSR. This research will provide insight for stakeholders that CSR supervision is very important to harmonise stakeholders and create a healthy business climate and social welfare.
  PubDate: 2022-11-03
  DOI: 10.31603/variajusticia.v18i2.7022
  Issue No: Vol. 18, No. 2 (2022)
Concept of Restorative Justice in Criminal Acts of Sexual Violence with
Child Perpetrator and Victims
- Authors: Nani Susilowati, Nurini Aprilianda, Faizin Sulistio
  Pages: 114 - 126
  Abstract: This article aims to clarify the idea of restorative justice in situations of sexual violence where children are both the perpetrator and the victim. This study uses normative legal research with a statute and conceptual approaches. The results show that law enforcement against children as perpetrators of crimes of sexual violence with child victims must still pay attention to the principle of proportionality. This principle seeks to limit punitive consequences and restrain public responses so that they stay proportionate to juvenile perpetrators of sexual violence. In addition to focusing on activities, this idea also considers the child's environment. In the meantime, law enforcement that cannot be conducted through diversion must nevertheless regard the rights of the child, so that when children are criminalized, only half of the adult punishment is imposed, so that they can return to society appropriately and be equipped with skills.
  PubDate: 2022-11-24
  DOI: 10.31603/variajusticia.v18i2.7847
  Issue No: Vol. 18, No. 2 (2022)
Domestic Violence in the Criminology and Victimology Perspectives: Case
Study in Kupang, East Nusa Tenggara
- Authors: Siti Syahida Nurani, Dyah Adriantini Sintha Dewi, Joel Rey Acob Ugsang, Nurdin Nurdin, Heru Santoso Wahito Nugroho
  Pages: 127 - 140
  Abstract: The state controls the interaction of family members within the scope of the household through Law Number 23 of 2004 on the Elimination of Domestic Violence. Domestic violence cases often happen in Kupang City, East Nusa Tenggara, Indonesia. This paper analyzes domestic violence in the criminology and victimology perspectives. This study uses the qualitative method with an empirical juridical approach. Based on the results of the discussion, in the criminological perspective, domestic violence is a crime in the form of an expression of physical or verbal strength that reflects aggressive actions and attacks one’s freedom or dignity. In the perspective of victimology, the role of the victim is the basis for the emergence of violence, which impacts the physical, psychological, and social aspects. In Kupang, domestic violence cases are usually triggered by victims, i.e. provocative victims. Thus, both victims and perpetrators are responsible. While in other cases, the position of the victim as the basis for the emergence of domestic violence does not exist at all.
  PubDate: 2022-11-29
  DOI: 10.31603/variajusticia.v18i2.6856
  Issue No: Vol. 18, No. 2 (2022)
Amendment to Term of Office of Constitutional Court Judges in Indonesia:
Reasons, Implications, and Improvement
- Authors: Idul Rishan, Sri Hastuti Puspitasari, Siti Ruhama Mardhatillah
  Pages: 141 - 155
  Abstract: After the amendment to the Constitutional Court Law, constitutional court judges would be dismissed honorably when they attain the age of 70 (seventy) years old. Problem arises, where the transitional provisions of the third amendment to the Constitutional Court Law are not applicable prospectively but retroactively. Hence, the implementation of the amendment to the term of office of constitutional court judges also brings an impact on the incumbent constitutional judges in the Constitutional Court. This study had three objectives. First, to identify the underlying reasons (ratio-legis) for the amendment to the term of office of constitutional court judges to the maximum age limit of 70 years. Second, to analyze the implications of arranging a maximum age limit of 70 years for the position of constitutional court judges. Third, to recommend alternative arrangements for the term of office of constitutional court judges in Indonesia. This was a legal doctrinal research with a qualitative analysis. The results showed that (1) the reasons for the amendment to the term of office of constitutional court judges are due to the open legal policy, globalization and efforts to build the pro-majoritarian power in the Constitutional Court. (2) This amendment brings implications, i.e., the distortion of judicial independence, conflicts of interest and a declined public trust. (3) Improvements can be made by revising the transitional provisions and trying other alternatives by arranging the term of office of the judges through the constitution.
  PubDate: 2022-11-29
  DOI: 10.31603/variajusticia.v18i2.7236
  Issue No: Vol. 18, No. 2 (2022)