Legal challenges and applications in Indonesia

The challenge and application of law in Indonesia is to find the relevance of the thoughts of academics, researchers, and policymakers in the Jokowi era, which is the core objective of this study. We believe that from applying the law in a country is the key to the success of leadership supported by academic thinking and government or public policymaking. For this reason, we have reviewed many of the findings of scientific studies that we have summarized from various scientific and practitioner points of view and also various views from different countries, all of which we found in various legal journal applications, books, and also websites for democracy and justice and justice. Before presenting this data as findings, we first answer high-quality questions. We have used a phenomenological approach to get the cellular data, then we have done high echolocation, coding systems, and concluding. Based on the findings of the study data and its discussion, we can summarize that the challenges of legal application in Indonesia can be seen from the irrelevance between the thoughts of academics, experts in this field, and the decision-making governments in enforcing the law in Indonesia.

KONSEP KEPEMIMPINAN PEREMPUAN DALAM PANDANGAN ABDUR RAUF AS-SINGKILI

Tarjuman Al-Mustafid is the first book of Tafsir 30 juz in the archipelago, which became a guide for the people of Aceh at that time. The Kingdom of Aceh Darussalam was founded in 1496-1903, ruling for 407 years. Of the royal leaders (sultans) there were four sultanates who led successively, and Abdur Rauf As-Singkili as Qadhi malik al'amin who was appointed by the first sultanah Sri Ratu Tajul Alam Safiatuddin johan sovereign in 1661. Abdur Rauf was appointed and give responsibility as Qadhi, advisor, and religious interpreter of the kingdom. What are his thoughts in his commentary book Tarjuman Al-Mustafid, is the interpretation of the verse about leadership influenced by royal politics? The author is interested in writing this theme to find out the interpretation of the verses of the Koran about leadership according to Abdur Rauf As-Singkili, and to know the concept of women's leadership according to Abdur Rauf As-Singkili. The results of the study prove that Abdurrauf's interpretation of the leader in QS. An-Nisa' verses: 19, 20, 34 and 58, are not influenced by royal politics. Abdurrauf does not interpret that a woman can be a leader. However, his activities in the kingdom with his position as Kadhi Malik Al 'Adil, Abdurrauf has the responsibility as an advisor to the Sultanah as well as the application of law in the Kingdom of Aceh Darussalam. he allowed a woman to be the leader. This can be seen in several events and his work. Abdurrauf issued a fatwa to challenge the campaign of the embodiments who wished to overthrow Sultanah's position, and in his book Miraatul Thulab in his preamble there is a commendation of Sultanah Safiatuddin, "A very great sultan and a very noble king, namely your Majesty Seri Sulthanah Tajul Alam Safiatuddin Syah Sovereign Dhillullah fi Nature

PENGATURAN PENYELENGGARAAN IBADAH UMRAH DALAM PERSPEKTIF HAK ATAS KESEHATAN

The government has issued regulations to ensure the health of Umrah pilgrims however there is no standard of health care for the Umrah pilgrims, either before departing, while traveling and in Saudi Arabia or returning to Indonesia. This study analyzes the Umrah health regulations and their implementation in the perspective of the rights to health. This research is a legal research design with sociological jurisprudence because the object under study is the application of law. The results of this study have explained that the right to health of Umrah pilgrims has been guaranteed in Law no. 8 of 2019 concerning the Implementation of Hajj and Umrah. However, there are still obstacles in the implementation which are the responsibility of the Umrah Travel Organizer, so it is necessary to make a policy by the ministry that organizes affairs in the health sector after carrying out affairs in the field of religion.

The role of administrative courts in shaping the development directions of the sustainable development principle: remarks regarding case-law in environmental protection and spatial planning cases

Motivation: This text presents the results of the process of juridization of the sustainable development principle in international, EU and national law, as well as the development of that principle with regard to the application of law practice. Aim: At the same time, the text attempts to define the role of an administrative court as a body reinterpreting the sustainable development principle in environmental protection and spatial planning cases, bearing in mind both the ecological as well as social justice outlook Results: As a result, the study presented focuses on determining the impact of the administrative courts’ established case-law on the application of the sustainable development principle by national public administration authorities.

The Role of Witness as Evidence in Divorce Cases at the Banda Aceh Syar’iyah Court

This study examines the role of witnesses as evidence in a divorce case at the Banda Aceh Syari’iyah Court. This study aims to determine the legal basis of witnesses as evidence, the background of the witnesses who were submitted due to disputes or syiqaqand the position of female witnesses in divorce cases. This study uses empirical legal research or sociological law, which is a study whose object is legal phenomena using sociological theories. The legal phenomenon in question is the application of law at the Banda Aceh Syar’iyah Court, particularly regarding witness evidence in divorce cases. Data collection techniques were carried out by means of in-depth interviews with judges and literature studies related to the existence of witnesses and judges’ decisions as primary data related to witnesses as evidence. This study concludes that witnesses as evidence are based on the Qur’an and hadithand the applicable laws and regulations. Witnesses have existence as evidence used by judges as a consideration in deciding cases. In the case of a divorce caused by a dispute, the witness evidence comes from the close family background of the husband or wife. Close family who really know, see and hear the events that occur in their household. In civil procedural law for divorce cases at the Syar'iyah Court, women have the same and equal position as men in giving testimony. The testimony of close families and the sociological equality of women and men is a legal fact that must be appreciated to achieve justice for all parties.

Funkcje prawa karnego w autorytarnym systemie sprawowania władzy

For the sake of its functions, criminal law is widely perceived as an ideal instrument for diagnosing the political system of a country and the regime it is supposed to safeguard. It is the regime that determines certain features of criminal law, influencing its frames and the understanding of its two most basic — protective and guarantee — functions. By analysing the way in which those functions are performed — on the level of constitution as well as application of the law — we are able to determine whether we live in a democratic system or in some form of authoritarian, or even totalitarian regime. If criminal law is used as an instrument supporting an authoritarian regime, the significance of its guarantee function decreases, whereas the significance of the (specifically understood) protective function increases. The judge, who is the subject applying the criminal-legal tools, has a particularly important role to play. A competent and, most importantly, independent judge can make a good use of a faulty law as long as it allows some judicial freedom. Similarly, if the application of law is left to an incompetent judge, particularly one who is ready to compromise their judicial mission, the existence of a good law does not guarantee a fair ruling. Therefore, the analysis of criminal law we are confronted with allows a diagnosis of a political system of a country as democratic or authoritarian, as long as it covers not only the law on the books, but also how substantive and procedural law is used in practice.

Clinical Legal Education—A Robust Instrument for Attainment of Justice: An Indian Perspective

Legal education is to serve the purpose of creating well-versed and proficient professionals who can render the best legal service to the people and help them get justice. Moreover, it is also to produce law-abiding and well-informed citizens who can carry out their duties in their professional life (irrespective of the nature of profession) for maintaining the rule of law. Along with a very strong foundation of substantive law, law students must also be oriented to the application of law during their undergraduate programme. This goal is to be realized through clinical legal education (CLE), which was introduced with an aim of combining the theory with practice. It also helps inculcate a sense of social justice in law students, as they closely see the application of law in a real life situation; they realize how law benefits people; they get closely connected to the society; they learn professional ethics; they develop problem solving approach; they get immeasurable satisfaction and confidence in the power of law; and more particularly, they comprehend that law is the real robust instrument to ensure and secure inclusive justice in the society. CLE, thus, makes the legal education all-inclusive and wholesome by making law students the agents of social change and champions of justice. This research article argues that CLE is indispensable for the attainment of inclusive justice. It also gauges the state of CLE in India from this perspective. Lastly, the article offers a few convincing suggestions which need to be incorporated in the legal education framework of India in order to ensure the higher goal of attainment of inclusive justice in India.

CHALLENGES OF APPLICATION AND INTERPRETATION OF REGULATIONS IN THE PRACTICE OF MISDEMEANOR COURTS

The author analyzes the always current issue of application and interpretation of regulations in the practice of misdemeanor courts. The scope and complexity of the matter in which misdemeanor courts act is pointed out, but also the fact that shortcomings in the regulation of regulations represent a major problem in court practice. The subject of the author's interest are the basic principles of application of law as the basic activity of misdemeanor courts, which is why the structure of the legal norm and the distinction between factual and legal issues are considered. Then, the notion of court interpretation of regulations was analyzed and attention was drawn to the dangers of applying the analogy in substantive misdemeanor law. The author considered the issues of court interpretation of regulations which provide for the objective responsibility of a natural person and different interpretations of regulations as the cause of uneven court practice. Numerous court decisions listed in the paper served as a basis to point out the importance of court interpretation of legal institutes for misdemeanor liability. Through the theoretical aspect and rich case law, the author analyzed some controversial issues and offered solutions to the problem, concluding that judges of misdemeanor courts in their daily work have great challenges related to the application and interpretation of regulations.

Legal Protection of Contract Workers in the Work Agreement in Jayagiri Hotel

The development of the tourism industry in Bali causes the high competitiveness of classy hotels such as the Jayagiri Hotel and has an impact on the income aspect of the hotel business, in this case the company's income and leads to legal protection of the rights and obligations given to its workers. This study aims to examine the contractual relationship between contract workers in a work agreement at Jayagiri Hotel and to examine the legal protection can be given for contracts made by the parties and obstacles are experienced by workers in obtaining their rights and obligations. The method used in this study is normative and empirical research method. The results of this study showed that the employment agreement between contract workers and the Hotel has not yet provided a good working relationship so that the application of Law No. 13 of 2003 concerning Employment has not been accommodated. This is due to the entry into force of the standard contract agreement in Jayagiri Hotel which has not provided a balanced position in the same position between workers and employers. Employers as employers always have a higher bargaining position than workers, so the formulation of work agreements in Law No. 13 of 2003 concerning Employment has not been properly accommodated to protect workers' rights and cannot yet prosper workers in accordance with the mandate of the Act.

Illegal benefit in anti-corruption legislation: problems of legal regulation

The types and meaning of the main methods of preventing corruption are examined in the article. Administrative methods of combating corruption are identified among them. They are divided into two groups: rule-making (adoption of relevant law); law enforcement (application of law). The importance of proper legislative regulation in liquidating corruption is outlined. The formation of anti-corruption legislation, which has been going on for a long time, is revealed and it is noted that to date anti-corruption legislation has undergone a significant transformation and changed its purpose that is “prevention” instead of “struggle”. Emphasis is placed on innovations and reforms contained in the updated anti-corruption legislation. The provisions of statutary acts, which enshrine illegal benefit, are given. For carrying out a detailed analysis, the scholars’ positions on the current legislation on the definition of “illegal benefit” were analyzed. It revealed differences in existing approaches to the essential features of this phenomenon. The concept and features of a gift are analyzed in order to distinguish it from the illegal benefit and identify the main reasons for this. The importance of clear regulation of illegal benefit and gifts in order to avoid incorrect classification of violated anti-corruption legislation was emphasized. After analyzing the essence of “illegal benefit” and “gift”, it was found out that common to the subject of gift and illegal benefit was to receive both materially defined and things that do not have a monetary equivalent and material reflection. A sign that allows to distinguish a gift from an illegal benefit is the sign “without any legal grounds” for receiving an illegal benefit and “gratuitousness and receipt/gift at a price below the minimum market”. It is the last part of the component definition of a gift that testifies to the value characteristics of a gift. It is noted that taking into account the fact that since the difference between a gift and an illegal benefit is unclear, it may lead to incorrect classification of violated anti-corruption legislation. Key words: illegal benefit, gift, anti-corruption legislation, corruption offense, corruption-related offenses, criminal liability, administrative liability.