Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS)

THE CONTRIBUTION OF PRODUCTIVE ZAKAT IN THE DEVELOPMENT ECONOMIC UMMAH

Faisal Faisal, Layla Tunnur, Diras Diras — Sat, 30 Dec 2023 00:00:00 +0700

One of the economic empowerments of the people is to increase production activities to produce goods and services from existing resources, to meet these resources, a new program was formed in Zakat, namely productive zakat. The purpose of this writing is to see how and what is the contribution of productive zakat to the economic development of the Ummah which is intended to create a prosperous and sustainable society so that mustahik can meet its needs. The method used is Normative with the approach of books and other scientific papers. The birth of productive zakat is very helpful for the community to develop their business and even open new businesses. Productive zakat has been recognized and true in fact that this zakat directly contributes to the economic empowerment of the people. An example of productive zakat contribution is to provide funds to mustahik to open a business and will develop it, with this the mustahik economy will be better and can meet daily needs in the long term (sustainable).

Hospital Responsibilities in Medical Services Based on Law no. 17 of 2023 concerning Health and Islamic Law

Ulvi Nabila, Manfarisyah Manfarisyah, muhammad hatta — Sat, 30 Dec 2023 00:00:00 +0700

The hospital as one of the health service facilities is part of the health resources that have a vital role
in creating a plenary health organization. Patient Safety Goals (SKP) have become a global issue in
health services in hospitals so that they require special attention in their implementation. In addition
to the SKP, each hospital also has an SOP (Standard Operating Procedure) that must be fulfilled by
every worker, in this case the doctors at the hospital. When all procedures have been carried out and
fulfilled by workers, the work provider, in this case the hospital, is obliged to protect their workers
and how it is related with islamic law as an Indonesian way of life. The purpose of this study is to find
out the legal responsibility of hospitals for medical accidents that occur in their hospitals according
to Law No. 17 of 2023 and Islamic Law. The results of this study are that hospitals as providers of
health services are required to implement hospital governance and clinical governance so that it can
avoid problems with work accidents that might occur. So that the management of doctors and other
workers must be good with the ultimate goal of increasing the health standard of the Indonesian
people. Its fundamental in islamic way how important is health and trustworthiness in our lives
especially if it connected with other lives

STRENGTHENING SHARIA ELEMENTS; SYUF’AH OR LANGGEH RIGHTS IN LAND BUYING AND SELLING TRANSACTIONS IN ACEH

Sat, 30 Dec 2023 00:00:00 +0700

This article describes the strengthening of sharia elements (Syuf'ah) in buying and selling land in Aceh. The implementation of Islamic law in Aceh is not only in the field of worship, it also includes the field of muamalah, namely buying and selling land. In Acehnese customary law, syuf'ah rights are known as langgeh rights. In the decision of the Supreme Court of the Republic of Indonesia dated March 31 1977 No. 298 K/Sip./1973 explains that langgeh rights are rights in customary law that give priority over other people to buy land, which is given to relatives, Segampong/village communities and neighboring land owners. If the sale and purchase of land is not carried out based on priority rights, the aggrieved party can sue for the cancellation of the validity of the sale and purchase to the Gampong Court. This article uses normative research methods, in the form of secondary data analyzed using qualitative methods. The results of research that has been carried out by several previous researchers, there is a dispute in the sale and purchase of land in Aceh which does not apply Syuf'ah rights or langgeh rights. Strengthening the Syari'ah elements of Syuf'ah or langgeh rights in the sale and purchase of land in Aceh is regulated in Qanun Muamalah and is applied in land buying and selling transactions in Aceh. The importance of strengthening the elements of syari'ah syuf'ah or langgeh rights is to prevent disputes or cancellation of land sales and purchases in Acehnese society.

TRAFFIC ACCIDENTS THAT CAUSE DEATH AT LHOKSEUMAWE POLICE STATION ISLAMIC CRIMINAL LAW PERSPECTIVE

Cahya Safitri, zul akli, Nuibadah nuribadah, hidaya hidayat — Sat, 30 Dec 2023 00:00:00 +0700

Traffic accidents, a problem that is rife in various developed countries and developing countries, especially such as in Indonesia, can be said to be frequent and even many traffic violations. Many people consider that problems and safety when traffic is a trivial matter without thinking about the impact of the actions they doTraffic accidents, is a problem that is rife in various developed and developing countries, especially such as in Indonesia, it can be said that there are often even many traffic violations. Throughout 2022, the number of traffic accidents in the Lhokseumawe Police Station area increased more than the previous year, which was 110 cases. An increase of approximately 143 cases remains a large number with 77 deaths, 6 serious injuries and 268 minor injuries. So that alternative solutions in Lakalantas cases are often resolved using alternative Mediation outside the court (Restorative Justice) through a peace process carried out by both parties, this is in accordance with Islamic Law which prioritizes the best solution, namely the peace agreement of both parties to resolve disputes with peace efforts. The results of the research conducted are known that the application of restorative justice to traffic accidents that cause death at the Lhokseumawe Police Station Islamic Criminal Law Perspective is guided by Law No.22 of 2009 concerning Road Traffic and Transportation, and also Police Regulation No.8 of 2021 concerning Handling Criminal Acts Based on Restorative Justice. Where the two agreed to settle disputes with the Restorative Justice system through mediation. Because in the case of the accident, there is no intentional element so that the settlement of the case can be resolved in a familial manner. Islamic Penal Law holds that the Restorative Justice system is related to the concept of forgiveness or the concept of Al-Afwu. By going through the process of Islah or Al-Shulhu which is the process of solving things by familial means. In accordance with the meaning of Islah which means "to fix" in this case the case, and aims to achieve peace. In accordance with the concept of Al-Shulhu.

New and Renewable Energy Policy Implementation for Sustainable Development

Najuasah putra, Nur Afina ulya — Sat, 30 Dec 2023 00:00:00 +0700

Humans are the driving force in all activities on this earth, for this reason human individuality is an important point, to accelerate himself and hone his skills properly, in order to optimize his function as an individual creature. Besides that, because humans also live in society (Zoon Politicon) they must also contribute to the order of life of society and the state as mandated by the constitution, the existence of control and exploitation of natural resources that are fundamental to the life of the nation and state is carried out by the state, including energy natural resources that can be encouraging the growth and improvement of just law, as well as the application of new and renewable energy policies for sustainable development in Indonesia. Based on constitutional support and the need for a legal umbrella to protect new and renewable energy, it is necessary to regulate it comprehensively. This study aims to determine the application of new renewable energy policies for sustainable development. This research method uses a normative juridical research method with a case approach and statutory approach (statute approach). The implementation of new renewable energy policies for sustainable development shows that it has not been optimally implemented, especially in Indonesia, while Indonesia has the potential for large sources of new and renewable energy. However, utilization of this potential is still not maximized due to technological limitations and economic considerations. The business scheme and types of new renewable energy generators which are still small scale are not yet optimal, and the interconnection system is still limited. Therefore, the need for an important urgency in regulating the application of new and renewable energy policies for sustainable development must have a legal basis in its implementation.

Legal Protection of Small and Medium Industry Products Through Trademark from an Islamic Law Perspective

Yulia Yulia, Herinawati Herinawati, Malahayati Rahman — Sat, 30 Dec 2023 00:00:00 +0700

Brand regulations in Law Number 20 of 2016 concerning Marks and Geographical Indications emphasize that a brand is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in goods and/or services trading activities. Brands are important in the business world of trading goods and services. Brand as a means to introduce a product to consumers. In reality, many products can deceive and confuse consumers in choosing products. Islam views brands as assets whose ownership must be protected. This article will analyze the legal protection of small and medium industrial products through trademark registration from the perspective of Islamic law. This research is a normative legal research study by conducting library research and using a statutory approach to the primary, secondary and tertiary legal materials used. The research results found that trademark rights in Islamic law are assets whose ownership rights must be protected from things that are detrimental to the brand owner. In Islamic law, plagiarizing, counterfeiting and duplicating a product brand, including small and medium industrial brands, without the owner's permission are prohibited acts. So, the protection of trademark rights in Islamic law is based on the principle of mu'amalah, namely eliminating injustice, avoiding danger, and realizing the public benefit.

NATURAL RESOURCE MANAGEMENT AND SUSTAINABLE DEVELOPMENT IN ISLAMIC PERSPECTIVE

ramziati ramziati, marlia sastro — Sat, 30 Dec 2023 00:00:00 +0700

Natural resource management is an urgent matter for human survival, both in the form of renewable and non-renewable energy sources while still paying attention to the preservation of the function of the environment. The Quran letter Al-A'raf verse 56 reminds humans to preserve the environment. Development is essentially to improve the welfare and prosperity of society. Sustainable development is development that meets the needs of the current generation without reducing the ability of future generations to meet their needs. But in reality, current development activities tend to be exploitative without renewal.

The purpose of this research is to analyze the management of natural resources to achieve sustainable development from an Islamic perspective. This research uses a normative juridical approach which aims to obtain library data as primary data in analyzing the legal provisions of resource utilization in an Islamic perspective. The conclusion is that Islam emphasizes the utilization of natural resources and sustainable development is frugally in order to realize the preservation of natural resources for the benefit of sustainable development in a way that humans are against anthropocentric attitudes that consider humans as the center of the system in the universe, which results in a luxurious human lifestyle and tends to be consumptive. This is the cause of over-exploitation of natural resources which has an impact on environmental damage and has a negative impact on sustainable development. This is contrary to the teachings of Islam, where humans are always commanded to live simply and economize in using natural resources. Recommendations for studies, regulations and enforcement as well as the enrichment of science and technology in natural resource management based on conservation for the community are urgent. This is done so that natural resources are sustainable even though many benefits are taken.

Paradigm Shift of Criminal Punishment towards Restorative Justice in Law Enforcement Officers in Pontianak City

Moh fadhil — Sat, 30 Dec 2023 00:00:00 +0700

Some of the challenges of law enforcement, including the retributive paradigm rooted due to colonial criminal law policies, overcriminalistic criminal law policies, overcapacity conditions in detention centers and prisons, the concept of restorative justice that is still regulated sectorally, and inadequate law enforcement capacity in restorative justice mechanisms, are some of the factors that influence the application of restorative justice. Nevertheless, law enforcement officers in Pontianak City still strive for restorative justice as the main preference. Therefore, the purpose of this study is to examine the paradigm shift of law enforcement officers towards restorative justice. The method used is empirical normative research with a conceptual approach and a sociological approach. The results of the study explain that the paradigm shift of law enforcement officers in Pontianak City can be seen in three paradigm models, namely postpositivism, critical and constructivism. The positivism paradigm can be seen in the attitude of law enforcement officers who actively offer restorative justice to the parties. The critical paradigm also grows in certain cases due to law enforcement officers' awareness of structural and gender inequality. The last, the constructivist paradigm was emerged from the activities of judges in interpreting the law against defendants who were threatened with the death penalty.

LEGAL CONSEQUENCES OF MISUSE OF DIGITAL SIGNATURES IN BUSINESS TRANSACTIONS

Raina Dahlia, Manfarisyah Manfarisyah, hamdani hamdani — Sat, 30 Dec 2023 00:00:00 +0700

A digital signature is essentially an electronic version of a traditional signature found on a physics document. In accordance with the ITE Law, a digital signature is a collection of electronic data that is connected, affiliated, or related to other electronic information. Its function is used as an authentication and verification method. The aim of this research is to examine the potential legal consequences arising from the use of inappropriate or unauthorized digital signatures in business transactions. This research uses normative juridical studies or uses library legal data. Library research is a study that focuses on users of secondary data or includes written legal norms and/or interviews with informants and sources. Regarding the legal impact of misuse of digital signatures in business transactions, it is important to remember that such misuse can result in losses for the person signing the document, it is important for them to comply with the requirements outlined in the relevant laws. In this case, a digital signature can be considered to have the same validity and legal consequences as a handwritten signature, provided that the identity of the individual associated with the digital signature is established with a high degree of certainty and that the signature itself was created, in accordance with article 27 verse (1), (2), (3) and (4) if related to Islamic law, where taking another person's rights without the owner's knowledge is an act that is prohibited by religion and is not recommended in the Shari'a.

SETTLEMENT OF CRIMINAL CASES OF CHILD MOLESTATION THROUGH ALTERNATIVE DISPUTE RESOLUTION

Dewi Shinta Saragih — Sat, 30 Dec 2023 00:00:00 +0700

Children are the most vulnerable subjects to become victims of crime, crimes that often occur among children, one of which is sexual violence such as fornication, lewd acts regulated in Chapter XIV book II concerning Crimes Against Decency, obscenity is regulated in Article 289 of the Criminal Code. The rise of obscenity cases that occur in Indonesia does not rule out the possibility that it also occurs in Lhokseumawe, according to data found at the Lhokseumawe Police Station that many cases of obscenity must be stopped due to lack of evidence so that the settlement of obscenity cases must be resolved by mediation based on Aceh Qanun Number 9 of 2008. The purpose of this study is to find out how the perspective of Islamic law on solving the crime of molestation against children using Aceh Qanun Number 9 of 2008. The research method uses an empirical juridical type using a qualitative and descriptive approach. The results of the research conducted are known that cases of child abuse are resolved through Alternative Dispute Resolution (ADR) by means of more efficient mediation, because this is in line with the principle of expediency in criminal law, and is supported by Aceh Qanun Number 9 of 2008 concerning the Development of Customary Life and Customs which is the process of solving something by family means with the aim of improving.

APPLICATION OF RESTORATIVE JUSTICE IN TRAFFIC ACCIDENTS CASES

Sat, 30 Dec 2023 00:00:00 +0700

This research aims to explain the efforts and factors that influence the implementation of restorative justice in traffic accident cases at the Banda Aceh Police Traffic Unit. The research results show that the application of restorative justice in resolving traffic accident cases is carried out by investigators after there is peace between the perpetrator and the victim's family. This is done before the Investigator sends a Notification Letter of Commencement of Investigation to the Public Prosecutor so that the case is not continued. Factors that influence the implementation of restorative justice consist of two factors, namely law enforcement and community cultural laws. The law enforcement factor is the lack of knowledge and understanding of investigators regarding applicable laws and regulations. Community legal culture factors are related to religion, values, attitudes and behavior in people's lives so that they influence decision making to resolve traffic accident cases experienced through restorative justice. We hope that traffic accident unit investigators from the Banda Aceh Poresta Traffic Unit can increase their knowledge and understanding of procedures for handling traffic accidents through restorative justice. So that the application of restorative justice in resolving traffic accident cases can be carried out in accordance with the procedures for resolving cases based on the provisions of applicable laws and regulations.

The Importance of Community Empowerment in Supporting Child Protection in Aceh Qanun Number 11 of 2008 concerning Child Protection: Case Study of the MEUSEURAYA Programme in Aceh

agustia rahmi, chalik mawardi, farah hanum — Sat, 30 Dec 2023 00:00:00 +0700

Children are assets that have an influence on the progress of a country or community in the future. However, children are often targets of violence which makes them very vulnerable to various acts of violence including abuse and exploitation. Increasing children's understanding of child protection laws through capacity building programmes is considered capable of increasing children's participation in the community and encouraging them to voice their aspirations as an effort to prevent violence. This research aims to explore how the capacity building programme "MEUSEURAYA" is able to empower children to anticipate violence in Aceh. Aceh is a special place because child protection laws apply not only from the state but also from the region (Qanun law). The PAR method was used to collect data by involving programme participants. The results of the activities show an increase in participants' understanding of child protection law and aspects related to it. This shows that the capacity building programme has an effect on increasing children's understanding of applicable laws.

ANALYSIS OF COURT DECISIONS REGARDING THE CRIME OF SHIP PIRATION FROM AN ISLAMIC PERSPECTIVE (Study of Tanjung Karang District Court Decision Number 501/Pid.B/2021/PN Tjk)

gilang prabowo — Sat, 30 Dec 2023 00:00:00 +0700

Fishermen are concerned about piracy of commodities and people aboard ships in Indonesian waters since it not only causes financial losses but also jeopardizes the lives of the victims. In addition to utilizing weapons to commit their crimes, the offenders intimidated and threatened the victims. The issues in this study are: What factors did the judges take into account while making decision 501/Pid.B/2021/PN Tjk dam? What are the legal ramifications of the Tanjung Karang District Court's 501/Pid.B/2021/PN Tjk judgment. This study strategy is known as normative juridical research. Normative legal research simply examines laws that are seen as principles or standards that apply in society and serve as a roadmap for each person's behavior. This normative juridical method is being used to assist scholars in their analysis of Tanjung Karang District Court Decision Number 501/Pid.B/2021/PN Tjk's Study of Court Decisions on Ship Piracy Crimes. The basis for the judge's legal considerations in imposing a prison sentence of 2 years and 7 months against the perpetrators of the crime of piracy against goods and people on fishing boats in Indonesian territorial waters in Decision Number: 501/Pid.B/2021/PN.Tjk consists of juridical considerations , sociological and philosophical. Juridically, the actions of the accused have been legally and convincingly proven to have violated Article 439 Paragraph (1) Jo. Article 55 Paragraph (1) 1st Criminal Code. Sociologically, the judge considers the aggravating and mitigating factors for the defendant as well as the events behind the criminal act. Philosophically, the judge considers that sentencing does not only aim to create a deterrent effect but as an effort to punish the accused.

Analysis of Decision Number: 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga Mdn Regarding the Dispute over the MS Glow and PS Glow Brands, Which Have Essential Similarities for Similar Goods

mona farika — Sat, 30 Dec 2023 00:00:00 +0700

In the contemporary era of digital trade, with Indonesia's adherence to international conventions, the significance of brands and geographical indications cannot be overstated. These factors play a crucial role in upholding a fair and healthy business competition environment and safeguarding consumer interests. One particular instance that highlights the importance of these aspects is the brand dispute case involving MS Glow and PS Glow. The decision rendered by the Medan Commercial Court, which favored MS Glow, emphasized the significance of prior brand registration in conferring exclusive rights to the concerned party. The main objective of this research is to analyze the factors that judges take into account and the legal implications that arise from their decisions in court. The research methodology employed for this study is normative legal research, utilizing a combination of statutory analysis and case studies. Upon conducting this research, it has become apparent that the judgment made by the Medan Commercial Court in the trademark dispute between MS Glow and PS Glow was deemed unjust. This is primarily because the judge failed to consider certain crucial aspects in the decision-making process, specifically the fact that the MS Glow trademark was registered for class 32, which pertains to tea powder drinks, and not for cosmetic products. As a result, it was determined that PS Glow holds the exclusive rights to utilize the trademark. It is important to note that PS Glow's trademark registration with the Directorate General of Intellectual Property, under the Ministry of Law and Human Rights of the Republic of Indonesia, specifically covers class 3 goods and services, which includes cosmetics.

The Imposition of Gogoli Punishments in the Sultanate of Buton as a Strategy to Eradicate Corruption Crimes

Muh Sutri Mansyah — Sat, 30 Dec 2023 00:00:00 +0700

Nowadays, the country of Indonesia is undergoing a corruption problem unresolved. a variety of efforts to combat corruption a criminal offence has been committed, but not yet scrapped in law enforcement. as can be eradicated up to its roots, it is to be one of the barriers that were experienced by our law enforcement officers, the overthrow of criminal sanctions as deterrent effects do not cause against the corruptor, then should the overthrow criminal sanctions heavier again. As well as administering punishment of Gogoli or death penalty applied in the Sultanate of Buton at the time of his reign, but in execution i.e. a rope twirled and drawn in a manner opposite direction until a dead, Surely the concept of the overthrow of the current criminal sanctions imposed during the reign of the buton Sultanate. pose a deterrent effect and a structural officials have feelings of fear to commit irregularities such as corruption, then the author represents the hope that the punishment could be applied nationally Gogoli considering the criminal act corruption happens almost throughout the regions and regional officials who are often exposed to cases of criminal acts of corruption

CONSUMER PROTECTION FOR HEALTH SERVICES USERS OF SOCIAL HEALTH SECURITY ADMINISTERING BODIES FROM AN ISLAMIC PERSPECTIVE (Research Study at Sawang Community Health Center, North Aceh)

raihana septiani harahap — Sat, 30 Dec 2023 00:00:00 +0700

Consumer protection is the pursuit of legal certainty and safeguards for customers. In Indonesia, this extends to all citizens, including civil servants, retired TNI/POLRI recipients, veterans, and other State-Owned Enterprises, who are covered by National Health Insurance. This insurance is managed by the Social Health Security Administering Body, a legal entity directly accountable to the President. The establishment of this body aimed to ensure the well-being of participants and their families by providing essential living necessities. Within this context, several significant issues arise. One pertains to how the Health Social Security Administering Body safeguards the rights of patients at the Sawang Health Center. Additionally, there are challenges in upholding patient rights at this center. Empirical juridical research was employed to investigate these matters, involving data from human interactions through interviews, direct observations, physical evidence, and archives. The findings reveal that some rights remain unfulfilled. For instance, patients holding Social Security Administering Agency cards may face prosecution if they seek treatment at a health facility different from the one listed on their card. Furthermore, many cards, including BPJS cards, Resident Identity Cards, or Family Cards, are not registered with the Population and Civil Registration Service (Dukcapil), creating obstacles for the Sawang Community Health Center. To address these challenges, efforts should be made to prevent prosecution for patients with cards that differ from their treatment facility, ensuring they receive necessary medication. Additionally, inactive Social Security Administering Body cards should be reactivated to enhance access to healthcare. In summary, consumer protection in the context of healthcare at the Sawang Community Health Center and the role of the Social Security Administering Agency is a complex issue. Addressing challenges related to card discrepancies and inactivity is crucial for the protection of patient rights in this setting

LEGAL PROTECTION FOR CONSUMERS IN ONLINE BUYING AND BUYING TRANSACTIONS OF GOODS THAT ARE NOT IN ACCORDANCE WITH THOSE OFFERED THROUGH THE LAZADA APPLICATION REVIEWED FROM AN ISLAMIC LEGAL PERSPECTIVE

zikra maulida — Sat, 30 Dec 2023 00:00:00 +0700

Consumer protection refers to the various measures put in place to ensure that consumers are provided with legal certainty and safeguarded from potential harm. In the context of Indonesia, consumer protection specifically pertains to online buying and selling transactions conducted through the Lazada application. These transactions involve goods that do not align with what is advertised on the platform, and are governed by the provisions outlined in Article 9 of Law Number 19 of 2016 concerning Information and Electronic Transactions. The objective of this study is to examine how consumer protection measures can be applied within the framework of Islamic law to address the issue of inappropriate goods being sold on the Lazada application. Additionally, the research aims to identify the factors contributing to consumer protection concerns in this context, as well as explore the various efforts undertaken to protect consumers when making purchases through the Lazada application. To achieve these goals, a qualitative research approach will be adopted, employing a descriptive analytical methodology and utilizing primary legal, secondary legal, and tertiary legal data sources.The findings of this study suggest that the level of consumer protection offered in online transactions for buying and selling goods through the Lazada application does not align with Islamic legal principles. Specifically, it fails to adequately consider the seller's credibility, the quality of the goods being sold, and the overall permissibility of the transaction according to Islamic law, unless there is a specific prohibition. This lack of attention to these factors can potentially expose consumers to misleading information and harm. Additionally, there are several factors and challenges that hinder the protection of consumers when using the Lazada application for shopping. These include difficulties in comparing products, navigating the shopping process, and locating specific items. Ultimately, customer complaints play a significant role in expressing dissatisfaction with the goods or services provided by the company and may cause customers to perceive online shopping on the Lazada application as ineffective.

THE DUAL ROLE OF WIVES IN BUILDING AN IDEAL FAMILY IN THE CITY OF PADANGSDIMPUAN IS SEEN FROM THE MAQASID SYARIAH

nindi aliska nasution — Sat, 30 Dec 2023 00:00:00 +0700

This study aims to examine the dual role of wives in building an ideal family in terms of Sharia Maqasid. Uniquely, some people in Padangsidimpuan City only have odd jobs (unclear). Families are increasingly required to be able to meet household needs according to their abilities, so some heads of families (husbands) decide to work outside the city (merantau) to be able to meet them. This research uses qualitative, while the data collection techniques used are observation, interviews and documentation. The results of this study show that the concept used in building an ideal family is that each family must meet physiological needs, a sense of comfort or protection, affection, mutual respect and meet the needs of self-actualization (for husband and wife). These five needs cannot be implemented ideally, because of the difficulty of dividing time in carrying out roles (being multiple), and finally cannot give offspring (hifz nasl). Therefore, maqasid syariah views that to avoid the occurrence of multiple roles in the household, husband and wife must work together in any case, including providing for (hifz mal) in the family, children's education costs, and caring for children (hadhanah).

LEGAL PROTECTION FOR CHILD VICTIMS OF CYBERBULLYING IN THE PERSPECTIVE OF ISLAMIC LAW."

muhammad ali imran — Sat, 30 Dec 2023 00:00:00 +0700

Legal protection for children who are victims of cyberbullying is an effort aimed at safeguarding the rights, well-being, and integrity of children from the threats and negative impacts of cyberbullying. This phenomenon pertains to the use of technology and digital platforms to engage in harassment, intimidation, or threats against children. Legal protection for children victimized by cyberbullying involves several legal concepts and principles centered around human rights, child protection, and digital justice.

This study aims to analyze the legal protection provided to children who fall victim to cyberbullying. In the current digital era, the threat of cyberbullying is on the rise and can have adverse effects on a child's psychological, emotional, and social development. The study employs a descriptive method with a normative approach.

The research findings indicate that despite the existence of some laws that address cybercrimes and child protection in the online realm, there are still gaps in implementation and a lack of understanding regarding these issues among the general public and relevant governmental bodies. Furthermore, it is necessary to establish cooperation between schools, families, and authorities to provide education about the importance of digital awareness to children.

In the endeavor to enhance legal protection for children victimized by cyberbullying, recommendations from this research include revising policies for more stringent enforcement against cyberbullying perpetrators and increasing public understanding of the legal consequences for such actions. Additionally, public campaigns are needed to raise awareness and educate children on the significance of digital safety. The establishment of trained specialized teams to handle cyberbullying cases is also essential.

COMMUNITY INVOLVEMENT IN THE ESTABLISHMENT OF CHILD DECENT QANUN IN EAST ACEH DISTRICT

Mukhlis Mukhlis, Muammar Muammar, Fitri Maghfirah — Thu, 04 Jan 2024 00:00:00 +0700

This research focuses on community involvement in the formation of Qanun Anak in East Aceh District, Indonesia. East Aceh has strong religious and cultural values, which require the implementation of Qanun Anak to protect children's rights. Community involvement is considered essential to reflect local values and ensure the protection of children's rights. Community participation is not only limited to the establishment of the Child Qanun, but also includes implementation and supervision. The ongoing education program aims to increase public understanding of children's rights and open dialogue between the community and the government. Regular consultation forums serve as a forum for evaluating the impact of Qanun Anak, sharing success stories, identifying challenges, and finding solutions together. The local child welfare center becomes a dynamic hub that connects the community with resources to support children. The involvement of village governments, the private sector, and NGOs has had a positive impact with financial support and knowledge to overcome challenges. The mass media is a strategic partner in voicing children's rights and raising public awareness. The campaign through the media helped maintain the momentum of awareness of children's rights and the importance of implementing Qanun Anak. This study used qualitative methods with primary data from direct interviews and secondary data from local governments, children's forums, youth institutions, and the people of East Aceh. Community participation in the formation of Qanun Anak reflects the spirit of democracy, involving religious leaders, traditional leaders, child activists, parents, teachers, and children. The public consultation mechanism involves multiple voices in the harmony of discussion, ensuring the Child Qanun reflects the values and needs of the community. Children's participation is recognized and encouraged, creating regulations that strengthen their rights. This process involves technology with online surveys and virtual discussion forums. Education increases public understanding of children's rights and the urgency of Qanun Anak. The Qanun of a child-worthy city is not just a legal text, but rather a moral manifesto and a shared commitment to protecting children's rights. The people of East Aceh play an active role in making unique contributions, overcoming conflicts through collaboration, and creating an environment of support for children. The urgency of Qanun Anak includes the protection of children's rights, child development support, child empowerment in decisions, empowerment of parents and communities, as well as relevance to contemporary challenges. It is hoped that with the sustainability of community commitment and the real implementation of Qanun Anak, every child can grow up in an environment full of support and equal opportunities.

Enhancing Refugee Protection: A Case Study of the Global Protection Cluster Approach and Local Wisdom Integration for Rohingya Refugees in Aceh, Indonesia

Sat, 30 Dec 2023 00:00:00 +0700

This article examines the implementation of a global protection cluster approach and local wisdom for Rohingya refugees in Aceh, Indonesia. The global protection cluster approach emphasizes collaboration between various stakeholders to ensure the protection and assistance of refugees. This approach is complemented by the integration of local wisdom, which takes into account the cultural, social, and economic aspects of the host community, to create a more sustainable and inclusive environment for Rohingya refugees. The Indonesian government, local government, and communities in Aceh have been commended for their generosity and support to the Rohingya refugees. Guided by Presidential Regulation No. 125 on the Care of Refugees, UNHCR works with authorities, partners, NGOs, and humanitarian actors to ensure refugees' basic needs are fulfilled. However, the number of Rohingya refugees making dangerous sea voyages in the Asia Pacific region has increased, indicating their growing desperation and the ongoing persecution they face in Myanmar. By combining the global protection cluster approach and local wisdom, this article highlights the potential for improving the lives of Rohingya refugees in Aceh. The outcomes of this approach can contribute to the development of more effective and sustainable solutions for the global refugee crisis.

Legal Analysis and Socio-Economic Implication Post-Trade Dispute Decision between Indonesia-Brazil in the World Trade Organization (WTO)

Sat, 30 Dec 2023 00:00:00 +0700

Indonesia participates actively in international trade and is a member country of the World Trade Organization (WTO). In this case, Indonesia made regulations regarding guarantees for halal products, this became an obstacle to importing Brazilian chicken meat. Because of that, Brazil suffered a loss and sued Indonesia for restricting trade. The regulation is also considered to violate existing WTO policies. Dispute settlement is carried out by an institution under the auspices of the WTO, namely the Dispute Settlement Body (DSB). In its decision, Indonesia was declared guilty and violated the provisions in force at the WTO. The result of the lawsuit decision is that Indonesia must revise regulations related to inhibiting the entry of chicken meat products from Brazil. If Indonesia does not ratify or does not want to adjust its regulations regarding the import and export of goods, there will be sanctions that will have a major impact on Indonesia's international relations.

Confiscation Of Assets In Corruption Cases Without Court Decision Through Implementation Of Deponering (Case Set-Aside) (A Study In Legal Philosophy Stream)

Lalu Syaifudin — Sat, 30 Dec 2023 00:00:00 +0700

The act of confiscation of assets is a solution to eradicate criminal acts of corruption which is used as a sanction against perpetrators of criminal acts of corruption in terms of efforts to return the proceeds of crime. The the study aims to examine legal issues related to the absence of regulations and/or norms regarding confiscation of assets without criminal prosecution which is not clearly regulated in Indonesian law and seeks solutions to the above problems in the process of reforming criminal law in Indonesia. Therefore, the title of the study is " confiscation of assets in corruption cases without court decision through implementation of deponering (case set-aside) (a study in legal philosophy stream)

A COMPARATIVE STUDY BETWEEN ISLAMIC BANKS AND ISLAMIC PAWNSHOPS

Nurlela Nurlela, Sukma Dewi — Sat, 30 Dec 2023 00:00:00 +0700

Islamic banks are banks that operate in accordance with Sharia Principles. Islamic Banking aims to support the implementation of national development in order to increase justice, togetherness, and equitable distribution of people's welfare. Pegadaian is a place where people who need cash can come to borrow money with personal items as collateral. Pawn in fiqh is called Rahn, which is a debt and credit agreement between two or more parties regarding the issue of objects and holding something as collateral or he can take some of the benefits of the goods. The benefit of this research is that it is expected to be used as input for all parties concerned to know and understand about the comparative between Islamic banks and Islamic pawnshops.

THE EFFECT OF TRANSFER PRICING AND PROFITABILITY ON TAX AVOIDANCE

Silvi Febriani, Lioni Indrayani — Sat, 30 Dec 2023 00:00:00 +0700

This study aims to test and analyze the Effect of Transfer Pricing and Profitability on Tax avoidance. This
research includes quantitative research using secondary data obtained from the company's annual
report. The population of this study is property and real estate companies listed on the Indonesia Stock
Exchange (IDX) in 2018-2022. A total of 12 companies were selected as samples using the purposive
sampling method, and analyzed using panel data regression. This research was processed using eviews 9
software and showed that the results of this study were (1) Transfer Pricing and profitability together
have a significant effect on Tax avoidance, (2) Transfer Pricing has no effect on Tax avoidance, and (3)
Profitability has a significant effect on Tax avoidance.

THE EFFECT OF FINANCIAL RATIO, CORPORATE SOCIAL RESPONSIBILITY AND TAX PLANNING ON COMPANY VALUE

Tiara Amelia, Lioni Indrayani — Sat, 30 Dec 2023 00:00:00 +0700

This study is to test the influence, financial ratio, corporate disclosure social responsibility and tax
planning on corporate value. Financial ratio, corporate disclosure, social responsibility and tax
planning are used as independent variables and corporate value is used as dependent variables. This
study was conducted on banking companies listed on the Indonesia Stock Exchange (IDX) in 2017-
2021. The method of determining samples in this study uses purposive sampling methods so that from
47 populations, 16 companies were sampled. Research results show that the data have met classical
assumptions such as normal distribution data, no multicollinearity occurrence, no heteroscedasticity
occur and no autocorrelation. From the hypothesis results, the Financial Ratio has a significant effect
on Corporate Value and CSR and Tax Planning has no significant effect on Corporate Value.

THE EFFECT OF TAX AVOIDANCE, DIVIDEND POLICY AND INCOME SMOOTHING ON THE VALUATION OF A COMPANY

Lioni Indrayani — Sat, 30 Dec 2023 00:00:00 +0700

The aim of this study is to empirically demonstrate how avoidance, dividend policy and income
smoothing impact the valuation of a company. This research employs a quantity approach, utilizing
purposive sampling to select samples. Hypothesis testing is conducted through panel data
regression, employing E-views 9 software. The study focuses on 84 companies in the property and
real estate sector listed on the Indonesian Stock Exchange (IDX) from 2017-2021. Out of these, 7
companies were selected as samples for analysis. The findings reveal the collectively, tax avoidance,
dividend policy and income smoothing do not significantly impact firm value, whereas dividend
policy demonstrates a positive effect on firm value

LEGAL PROTECTION OF RIGHTS HOLDERS OF REGISTERED MARKS FROM ISLAMIC LEGAL PERSPECTIVE

Novita Novita, Yulia Yulia, Sofyan Jafar — Sat, 30 Dec 2023 00:00:00 +0700

Trademarks are valuable assets for companies and individuals, therefore, legal
protection of brand rights is very important. In the Trademark Law, it is stated that a
brand is a sign that can be displayed graphically in the form of an image, logo, name,
letter, word, number, color arrangement in 2 (two) dimensions, or 3 (three) dimensions,
hologram sound. or a combination of 2 (two) or more to differentiate between goods
and services trading activities. There are provisions that regulate the rights and
obligations of registered trademark holders. Famous or unknown brands must be
registered. Protection of this brand is not only regulated in positive law but also Islamic
law. This research is empirical juridical research by conducting field research. Deep
data collection methods.
This research uses documentation, and the data obtained is then analyzed descriptively
qualitatively through data reduction, presentation and drawing conclusions or
verification.
From the results of the research that has been carried out, it can be concluded that
trademark rights for goods/services in Islam are seen as assets whose ownership rights
must be protected from things that are detrimental to the brand owner. Brands that have
been protected in Islam must also comply with the provisions of the Koran and Hadith
as well as the ijtihad of ulama. This is similar to the provisions stated in MUI Fatwa
Number 1/MUNAS VII/MUI/5/2005 concerning the protection of Intellectual Property
Proceedings of 3rd Malikussaleh International Conference on Law, Legal Studies and Social Science
(MICoLLS) 2023, ISSN: 2985-3613 hal. 213-221
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Rights (IPR) including the protection of brand rights. Under Islamic law, counterfeiting,
plagiarism or duplication without the permission of the brand owner is haram.