Fox Justi : Jurnal Ilmu Hukum

The Priority Of The Principle Of Justice Over The Principle Of Benefit And The Principle Of Legal Certainty

2025-01-15T07:58:27+00:00

As a state of law, law enforcement officers in Indonesia, including the police, prosecutors and judges, are always trying to solve problems that occur legally. In practice, law enforcement officers, especially judges, when going to make their decisions must be careful and wise in prioritizing the principle of justice or the principle of expediency or the principle of legal certainty. Usually judges choose to prioritize the principle of justice so that a fair decision is produced as stated at the top of a court decision: For the sake of Justice Based on God Almighty. Article 53 paragraph (2) of the Criminal Code provides guidelines for punishment that if in upholding law and justice as referred to in paragraph (1) there is a conflict between legal certainty and justice, the judge must prioritize justice. This study wants to find out which principles are prioritized in law enforcement: the principle of justice, the principle of expediency or the principle of legal certainty and what reasons judges prioritize the principle of justice. The research method used is normative research using primary and secondary legal materials. Legal materials were obtained through literature study and then analyzed qualitatively. After doing research, it is concluded that the principle that needs to be prioritized in law enforcement is the principle of justice. The reason is because the main goal of justice seekers is to obtain justice rather than benefits and legal certainty.

Optimization Of Productive Wakaf Empowerment In Prosperity Of People

2025-01-07T00:35:16+00:00

Productive waqf is an Islamic financial instrument that has great potential in supporting economic development and public welfare. However, optimizing the management and empowerment of productive waqf often faces various obstacles, such as lack of public understanding, lack of transparency in management, and limited innovation in the use of waqf assets. This study aims to examine strategies for optimizing the empowerment of productive waqf in order to increase its impact on public welfare. The approaches used include literature analysis, case studies, and interviews with experts in the field of waqf. The results of the study indicate that optimization can be done through strengthening regulations, increasing the capacity of nazir, using digital technology, and implementing the principles of good governance. With optimal management, productive waqf can be a strategic solution in overcoming socio-economic challenges, creating jobs, and supporting sustainable development for the community. This abstract is expected to provide insight for stakeholders in increasing the effectiveness of productive waqf empowerment for public welfare .

Rahn And Wakalah Agreements From The Perspective Of Muamalah Law

2025-01-07T00:40:30+00:00

Pawn in Islam is called with pawn . Pawn is a activity pawn goods as guarantee to a transaction debt incurred . Someone who pawns a the goods said ( rahin ) to then , then goods the still become owned by giver guarantee ( rahin ). As a result a recipient guarantee ( murtahin ) no may use or sell goods guarantee the before get permission from party giver guarantee . human , a object , a set of conditions , a system of thought or a class current events Study This use method study law bibliography , namely research that done with method researching ingredients library or secondary data . The data sources used includes primary data such as the Criminal Code and data secondary in the form of design laws , results research , and opinions expert law . Data collection techniques are carried out through studies literature with collect data from various source reading written . Data analysis was carried out with use technique qualitative data analysis For processing research data . In jurisprudence muamalah and KHES, pawn called with rahn . While inside law civil pawn called with pand . Please often We hear Good in Sharia economy and in Islamic financial institutions . This is in the banking world there is in form services . In general public lay No so understand What do you mean with meaning of the word . The State of Indonesia whose State Foundation is Almighty God and the majority inhabitant his country is Muslim Already the financial system that should be used based on Sharia principles . However , when This Sharia principles have not so realized its use . Wakalah in the form of handover or delegation from One party to the other party and must done with what has been agreed by the mandate giver.

The Concept Of Fatwa In The Perspective Of Islamic Law

2025-01-07T00:44:49+00:00

Fatwa works as guidelines for people For understand and apply Islamic teachings in an unavoidable situation in a way explicit set up in the Qur'an or Hadith, research This aiming For analyze fatwa concept in perspective Islamic law . The methods applied For analyzing the fatwa and its position in Islamic law is method qualitative with approach studies literature , review various source Islamic law . Approach This used Because research conducted including in category studies library . Research results show that the fatwa works as guidelines for people in face problem new that is not set up in a way explicit in the Qur'an and Hadith . Fatwas also reflect dynamics adaptive Islamic law to context social society . Fatwa does not only give solution to issues new , but also contribute to the development thinking Islamic law in general overall .

The Role And Authority Of The National Shariah Council In The Development Of Shariah Economic Law In Indonesia

2025-01-07T00:49:18+00:00

The role and authority of the National Sharia Council (DSN) in push development law sharia economy in Indonesia. DSN is competent authority issue a related fatwa products and services Islamic economics. Therefore that, presence they is tool important For build trust public to system economy based on sharia. The research method used is approach qualitative with analysis legal norms of law, through review to instrument laws, DSN fatwas, and regulations related law Islamic economics in Indonesia. Research results This show that DSN plays a role strategic in align sharia principles and law positive in Indonesia with issued a fatwa that became reference regulation government and actors industry. In addition, DSN plays a role in monitor implementation Sharia principles and educate community and stakeholders interests. However, the challenge covering limitations source power, coordination inter-institutional, and dynamics need industry that continues developing. DSN plays role important in development law Sharia economy in Indonesia. However, for optimize role this, is required more synergy big between DSN, government, and actors industry.

The Role Of DSN Fatwa In Realizing Halal Product Guarantees In Indonesia Sharia Economic Review

2025-01-07T01:25:33+00:00

Study This aiming For analyze the role of DSN fatwas in realize guarantee halal products in Indonesia from perspective Islamic economics . The research method used is study studies library , research with technique data collection with method understand and learn theories from various literature like journals , articles , books and reports related . Research results show that the DSN fatwa has role strategic in increase awareness and compliance public to halal products , as well as support developer Indonesian economy . This fatwa also provides positive impact on the economy national through improvement consumption halal products and exports . Therefore that , work The same between government , industry and with society is very important For increase awareness and compliance to halal products .

Methods Of Determining DSN MUI Fatwa On Sharia Economics

2025-01-07T01:35:39+00:00

The National Sharia Council of the Indonesian Ulema Council (DSN-MUI) in determine the related fatwa sharia economy . The fatwa issued by DSN-MUI holds role important in determine guidelines as well as appropriate policy with sharia principles in practice economy in Indonesia. Research This use approach qualitative descriptive with focus on studies case in the process of determination several DSN-MUI fatwas regarding Islamic economics . Data obtained through interview with DSN-MUI member , analysis fatwa documents , as well as study relevant literature . Research results show that determination of the fatwa by DSN-MUI through a number of stages , namely collection information , discussion scientific , study library , consultation with experts , and finally reach consensus For produce a fatwa. This process aiming For ensure the fatwa is issued No only in accordance with sharia rules , but can also follow development dynamic economy . In addition , research This disclose that DSN-MUI uses a collective ijtihad approach that involves various parties , including academics , practitioners , and regulators, in order to ensure validity as well as wide acceptance against the fatwa issued . Findings from study This give contribution significant in development sharia economy in Indonesia and can become reference in the issuance of a similar fatwa in a country with system Islamic economics .

Implementation Of Murabahah Financing In Syariah Banking In Indonesia

2025-01-07T02:24:10+00:00

Moment This study related to financing contract murabaha Still seldom done , by because That researcher need do assessment about studies literature as as Wrong One method study in researching financing contract murabaha on banking sharia. For know How product financing murabaha walk in every - each banking sharia in Indonesia. The method used in study This use method qualitative and methods library research . Financing Murabahah is one of product lots of financing used in Islamic banking in Indonesia. Financing ; murabahah give significant contribution to inclusion Islamic finance and development economy people in Indonesia. Research This expected can give outlook for manager Islamic banking in increase quality service financing as well as for regulators in compile more policies support development industry Islamic banking.

The Role Of Advocates In Upholding The Principles Of Justice In Judicial Institutions

2025-01-05T14:36:14+00:00

The aim of this research is to examine the role of advocates in upholding the principles of justice in the judiciary , and the challenges they face . How important is the existence of advocates in the justice system in Indonesia, because advocates in carrying out their professions are free to enter all stages of the investigation process , police investigations , prosecutors and courts ( civil , criminal , administrative , labor , business competition , and so on ). An advocate can even provide legal advice and assistance to people who have legal problems outside the judicial process (non- litigation) resolution ). Thus , advocates as law enforcement officer play an important role in creating certainty , justice and legal benefits in the Indonesian justice system . The role of advocates is very important in upholding the principles of justice in Indonesian courts , especially in the adversarial justice system . Their main task is to protect clients ' rights and ensure that the legal process takes place fairly and transparently . What are the roles of advocates in upholding the principles of justice in the judiciary ? And what challenges do advocates face in carrying out their function to uphold justice ? This research uses a normative method that combined literature reviews to explore these dynamics . It is hope that the research results will provide a better understanding of how advocates can increase their effectiveness in upholding justice , as well as support the reforms needed to create a legal system that is fairer and more responsive to the needs of society . Thus , this research will contribute to a deeper understanding of the challenges and opportunities face by advocates in carrying out their profession in the modern era .

The Role Of Advocates In Realizing Justice In Indonesia

2025-01-05T13:36:08+00:00

This study aims to analyze the role of advocates in realizing distributive justice and commutative justice, especially in the context of defending client rights in the legal system. The problem of this research focus on how advocates play a role in both types of justice, both in the fair distribution of resources ( distributive justice ) and in ensuring a balance of rights and Obsessions in relationships between individuals ( commutative justice ). This research is motivated by the strategic role of advocates in the justice system that can support the achievement of justice through defending the rights of individual and groups. Distributive justice is related to the fair distribution of resources, while commutative justice emphasizes the fulfillment of equal obligations in legal relationships between parties. This study uses a normative research method, namely by analyzing legal norms that regulate the role of advocates in realizing both types of justice, as well as various relevant legal literature. The roles of advocates shows that advocates have an important role in supporting distributive justice by helping marginalized or disadvantaged clients get their rights, and play a role in creating commutative justice by ensuring the exchange of rights and obligations between parties involved in the dispute. This study provides insight into the importance of the role of advocates in realizing more equitable and balanced justice in society.

Implications Of The Multibar Concept On Containers Advocates Organization (Peradi) Based On Decision Supreme Court No. 73/KMA/HK.01/IX/2015

2025-01-05T12:55:06+00:00

The purpose of this study is to determine the relationship between the issuance of Supreme Court Decision Number 73/KMA/HK.01/IX/2015 with the Multibar concept and to determine the negative impact of the Multibar concept if applied to the Advocate Organization in Indonesia. The problem in this study is because there has been a debate on the Supreme Court Decision Number 73/KMA/HK.01/IX/2015 which tends to favor the Multibar concept . This study uses the Normative Juridical method, namely analyzing problems through a legal principles approach that refers to legal norms contained in legislation. The results of the discussion, namely the issuance of the Supreme Court Decision Number 73/KMA/HK.01/IX/2015, show that if the decision is more in favor of the Multibar Concept, in this case it can certainly cause debate, chaos, violate higher laws, divide the Advocate Organization and can harm the Advocate profession.

The Role Of The National Sharia Council Fatwa In The Development Of The Sharia Financial Industry In Indonesia

2025-01-12T13:23:19+00:00

Study This aiming For analyze the role of the National Sharia Council (DSN) fatwa in development industry Islamic finance in Indonesia. With use approach descriptive-qualitative , research This to study DSN's contribution in aspect regulation , supervision and innovation product Islamic finance . Data obtained through studies bibliography that includes study regarding the DSN fatwa, literature academic , and regulatory government related Islamic finance . Research results show that the DSN fatwa plays a role strategic in give runway laws and guidelines operational for institution Islamic finance , so that support sustainability and legitimacy industry This . The DSN fatwa also encourages innovation product Sharia compliant finance with need society and sharia principles . Although Thus , the challenge like difference fatwa interpretation and limitations literacy public Still need attention more carry on For increase effectiveness implementation of the DSN fatwa in Indonesia .

Human Rights In The Case Of The Cage In The House Of The Non-Active Regent Of Langat Based On The Decision Of The Stabat District Court Number 555/2023/PN STB

2025-01-12T13:33:17+00:00

Rights Man related case found cage man or prison man at home regent inactive in Langkat based on Decision Stabat District Court Number 555/2023/ (HAM) PN Stb question Serious about violation right basic human rights , torture and modern slavery , including a number of big victims who experienced treatment No humane in facilities that are not adequate . Research objectives This is analyze human rights violations that occurred in case this and the implementation law criminal in respond to human rights violations . Research use approach descriptive qualitative and type research used is library research . This method use study as well as data collection through studies used libraries is existing ingredients the relation with title , where the ingredients we get through books , legislation , articles , and so on . Focus study This is on the rights victim basis , protection state law , and analysis response judicial to action public . This study also examines not quite enough answer law perpetrator , good from aspect law criminal and also the rights of victims that must be protected as much as possible perhaps by the state. Findings show that although there is effort law in the form of decision Supreme Court , however Still Lots gap in implementation protection right basic man in system Indonesian law that is needed overcome , especially in context implementation harsh sanctions to human rights violators in the sector government area . This study give recommendation important to government and institutions justice For strengthen enforcement law and improve protection right basic humans in Indonesia.

Advocate's Responsibility In Defending Clients Based On Islamic Perspective

2025-01-12T14:01:07+00:00

Advocates are one of the key pillars in upholding the law, serving as a bridge between society and the judicial system. From an Islamic perspective, justice is a fundamental value that must be upheld in every action, including in the practice of advocacy. This study aims to examine the responsibilities of advocates in defending clients based on the Islamic perspective and to analyze the legal consequences for advocates who fail to defend clients with fairness, honesty, and truthfulness. The method used in this research is normative juridical. The study reveals that advocates in Islam are responsible for upholding justice ('adl) in accordance with Sharia principles. Their defense must be based on the values of truth (haqq), without manipulating facts or defending unjust cases. Advocates who violate these principles are not only at risk of facing legal sanctions under the law but also bear spiritual consequences in the form of grave sins. In Islam, justice is not merely procedural but also substantial, emphasizing balance, honesty, and moral integrity. This study recommends strengthening regulations, raising awareness of Islamic values, and integrating Islamic principles of justice into advocacy practices to ensure that the profession contributes to achieving true justice, both in this world and in the hereafter.

Analysis Of District Court Decision On Human Trafficking In Constitutional Court Decision Number 32/PUU-XV/2017

2025-01-17T04:37:59+00:00

This study aims to analyze the implementation of the Law on the Crime of Human Trafficking (UU TPPO) in Indonesia with a focus on the role of court decisions, prevention efforts, and victim protection in eradicating human trafficking practices. The methods used in this study are qualitative and descriptive approaches. The results of the study indicate that although court decisions have attempted to apply sanctions in accordance with the TPPO Law, victim protection is still not optimal, especially in terms of psychological and economic rehabilitation which are often unsustainable. Uneven prevention campaigns in vulnerable areas such as rural areas and borders are also a challenge in breaking the chain of human trafficking. Therefore, it is necessary to strengthen the capacity of law enforcement officers, increase cooperation with civil society organizations, and conduct wider socialization so that the public can better understand the impacts and risks of TPPO. This study emphasizes the importance of a holistic approach involving strict law enforcement, maximum victim protection, and community-based prevention to effectively eradicate TPPO.

Position Of Advocate As Law Enforcer In Criminal Trial Process In Indonesia

2025-01-17T05:16:52+00:00

The purpose of this study is to examine the position of advocates in the criminal justice system in Indonesia. This research is important to do in order to strengthen the legal position of an advocate in the criminal justice system in Indonesia. This study uses a normative juridical research method. This research has novel value because it discusses specifically the position of advocates in the criminal justice system in Indonesia. The novelty of this research lies in the issues discussed specifically the position of advocates in the criminal justice system in Indonesia. Based on the results of the study, it is known that an advocate is part of law enforcement in the criminal justice subsystem in Indonesia. Juridically, the position of an advocate has been contained in the provisions of the Law on Advocates. However, this has not been fully embraced by advocates as law enforcers. There needs to be a clear formulation of the provisions of advocates in law enforcement, especially regarding which institutions are the roofs of advocates as law enforcers.

Analysis Of The Prohibition On Advertising In The Code Of Ethics Of The Advocate Profession

2025-01-21T19:40:48+00:00

The purpose of this study is to analyze the factors that cause violations of the code of ethics committed by an advocate so that in exercising his authority he can act in accordance with applicable moral and professional standards. Every professional profession has moral principles that are regulated in a code of ethics, including advocates. The application of the code of ethics in the Advocate profession is very important because it is used as a form of moral resilience for the Advocate profession. In reality, the implementation of law in the field there are still advocates who violate the advocate code of ethics. This research aims to analyze the code of ethics applied by the advocate profession so that in exercising its authority it can act in accordance with applicable moral and professional standards. This research uses qualitative methods with library research techniques emphasizing sources of information from law books, journals and papers that have a relevant relationship with the title discussed. The results obtained ideally professional ethics is a regulator of law enforcement behavior as part of efforts to realize good and fair law enforcement. The advocate's code of ethics as a juridical basis in carrying out the profession acts to guarantee and provide protection to advocates from deviant actions, although on the other hand humanity certainly imposes a great responsibility for an advocate in carrying out his profession. Advocates have a code of ethics which is regulated in the articles in the Indonesian Advocates Code of Ethics (KEAI) 2002. Advocates also have a supervisory board formed by the advocate organization and is authorized to oversee the implementation of the professional code of ethics

The Role Of The Tax Court In Resolving Tax Disputes: An Analysis Of The Effectiveness And Transparency Of The Legal Process

2025-02-04T04:02:39+00:00

The Tax Court plays a strategic role in resolving tax disputes to establish a transparent and effective taxation system. Its existence is crucial not only for providing legal certainty for taxpayers but also for enhancing the credibility of the overall tax system in Indonesia. The Tax Court serves as the judiciary body handling disputes between taxpayers and the Directorate General of Taxes. This study aims to deeply examine the court's function in tax dispute resolution and the factors affecting the effectiveness and transparency of the legal processes. This research employs a juridical-normative approach supported by analysis of court decisions and relevant case studies. The study identifies several challenges in resolving tax disputes, including prolonged dispute resolution periods, limited access to court decisions, and taxpayers' insufficient understanding of legal procedures. While progress has been made in the implementation of the Tax Court, the findings highlight the need for policy reinforcement and enhanced accessibility to improve the quality of services and transparency in the Tax Court system. Based on these findings, the study provides recommendations to improve the effectiveness and transparency of the Tax Court. The research is expected to serve as a foundation for enhancing Indonesia's tax legal system, aiming to create a more just, efficient, and accessible taxation framework for all citizens.

Restorative Justice As An Alternative Form Of Criminal Case Resolution

2025-02-04T04:05:05+00:00

This article aims to analyze the history, concept, and role of the restorative justice approach as an alternative solution in the context of crime and criminal justice. The analysis is conducted by examining historical and contemporary literature on restorative justice, crime, and criminal justice. The research method used in this article is juridical-normative legal research, where the focus is on written legal regulations or research based on prevailing rules or norms in societal life, aimed at uncovering a truth based on the logic of law from a normative perspective. This research also emphasizes the implementation practice with the legal practices.

Legal Analysis of Digital Trade in Indonesia Based on Law Number 11 of 2008 concerning Electronic Information and Transactions

2025-02-04T09:25:34+00:00

The transformation of conventional trade into digital trade in Indonesia continues to increase along with the development of information technology. Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) is the main legal basis that regulates this activity. This study aims to evaluate the effectiveness of the ITE Law in regulating digital trade, especially regarding consumer and business actor protection. By using the normative legal method, a legal research approach that examines the main legal materials, such as laws and regulations, legal theory, and legal concepts. This approach is also known as the literature approach, the data used uses secondary data consisting of primary, secondary, and tertiary legal materials. The data obtained were collected using literature study techniques and analyzed using analytical descriptive techniques. The results of the study show that the ITE Law still has deficiencies in protecting personal data, supervising online business actors, and public awareness of consumer rights. This study recommends regulatory updates, public education, and strengthening digital infrastructure to create a safer and more sustainable digital trade ecosystem

The Role Of Advocates In Accompanying Children In Conflict With The Law In The Diversion Process

2025-01-24T02:21:19+00:00

One of the from Lots challenges faced moment This in use diversion in the judicial process child is capacity advocate For understand and apply concepts In the research This, using normative methods with approach one approach, especially Constitution Number 11 of 2012 which regulates System Justice Child Criminal Act. According to results research, advocate hold role important in the process of diversion for troubled children with law Because they ensure that rights child is upheld, proposed non- criminal settlement that emphasizes rehabilitation, as well as give consultation about rights and options available solutions. They push implementation principle justice restorative with involving all party in taking decision For reach peace, while act as a professional independent representative. However, even though role this is very important, advocate face various challenges, including lack of understanding about draft diversion, discontinuity regulation, inequality power in mediation, as well as obstacle cultural and social. Limitations source power and resistance from apparatus enforcer the law also makes things worse situation. Challenges This need addressed so that advocates can give mentoring more laws effective and quality for child in conflict with law.

A Criminological Study Of Premeditated Murder Committed By A Child Against His Biological Father

2025-02-10T01:34:22+00:00

Murder is an act of intentionally taking the life of another person where life is a gift from God Almighty and no one can eliminate it. This type of research is normative with a statutory approach. The data used is secondary data consisting of primary, secondary and tertiary legal materials. Criminological studies of premeditated murder by children against their biological fathers can be reviewed from the theories of biology, economics, sociology, psychology and economics. The causative factors are due to poor environmental factors, economic crush, emotional instability and past traumas. In addition, it can also be caused by feeling betrayed, harmed, or humiliated, jealousy and anger. For this reason, it is necessary to educate and create harmonious relationships between family members so that premeditated murder by a child against his father can be avoided. So that everyone avoids the crime of premeditated murder because the sanctions are very severe and violate other human rights, especially against his own father who has been very instrumental in the life of the child and so that law enforcers impose penalties on perpetrators of premeditated murder in accordance with applicable regulations to cause a deterrent effect.

Legal Aspects of the Machinery Import Duty Exemption Facility Policy: An Analysis of the Impact on Industry in Indonesia

2025-03-13T08:20:00+00:00

The granting of import duty exemption facilities on imported machinery for industry is one form of facility in the field of taxation provided by the government for new investors who intend to invest or open new industries in Indonesia. Through this research the author wants to know what is the background of the Indonesian government in granting the facility, how is the system of granting this machine import duty exemption facility and how is the legal responsibility of receiving the machine import duty exemption facility for industry in Indonesia. The research method used is normative juridical, this research focuses on the study of applicable laws and regulations, legal theories, legal concepts, and legal principles relevant to the research topic. In other words, researchers will deeply analyze the legal rules governing import duty exemptions for industry, and try to understand the implications of these rules. This research is expected to contribute to further understanding of government policies in encouraging investment in the industrial sector. In addition, the results of this study can also be expected to be taken into consideration for business actors in utilizing the import duty exemption facility.