JUDICIAL ANALYSIS ON THE POSITION OF LEGAL OPINION (FATWA) OF INDONESIAN COUNCIL OF ULAMA’ (MUI) IN STATUTORY REGULATION SYSTEM OF INDONESIA

The purpose of this research is to investigate, understand, describe, analyze and get a picture of the legal position of MUI fatwas in the statutory regulation system in Indonesia based on Law No. 12 of 2011 on Making Rules and Hierarchy of Rules. The method used in this research is normative. The results show that MUI fatwas are not included in positive law and don't have permanent legal power based on Law No. 15 of 2019 on the Amendment to Law Number 12 of 2011 on Making Rules and Hierarchy of Rules, so it cannot be legally applied to all Indonesian people. Also, fatwas of MUI cannot be a legal instrument to enforce legal act or to become the basis for imposing criminal sanctions for those who violate the law. It can only become positive law if the substance is stipulated by the authorized state institutions into laws and regulations as it is outlined in Law No. 15 of 2019 on the Amendment to Law No.12 of 2011 on Making Rules and Hierarchy of Rules.

The Legality of a Jewish State

In The Legality of a Jewish State, the author traces the diplomatic history that led to the partition of Palestine in 1948 and the creation of Israel as a state. He argues that the fate of Palestine was not determined on the basis of principle, but by the failure of legality. In focusing on the lawyer-diplomats who pressed for and against a Jewish state at the United Nations, he offers an explanation of the effort in 1947-48 by Arab states at the UN to gain a legal opinion from the International Court of Justice about partition and the declaration of a Jewish state. Their arguments at that time may surprise a twenty-first-century reader, touching on issues that are still at the heart of the contemporary conflict in the Middle East.

THE PROBLEMS OF LEGAL NATURE OF RECOMMENDED CLARIFICATIONS OF ANTIMONOPOLY COMMITTEE OF UKRAINE

The article is devoted to the scientific analysis of legal nature of recommendation clarifications of Antimonopoly Committee of Ukraine. The detailed attention is paid to the thorough investigation of provisions of Recommended Clarifications of Antimonopoly Committee of Ukraine No. 39-pp August 08th, 2016 that defines the legal approaches of Anti monopoly Committee, which are recommended to apply by its official bodies while defining of fines for violation of legislation on protection of economic competition, including protection from unfair competition, in order to ensure the legal certainty and predictability of application of legal provisions. On the basis of scientific research, the conclusion is made that recommended clarifications of Antimonopoly Committee of Ukraine by their legal nature are the acts of common regulative force that are not the legislative acts, they also cannot create new legal provisions, they belong to the so called “soft law” by means of which the uniformity of interpretation and uniform rules for realization of legal provisions are ensured. The importance of recommendation as interpretation of legal provisions is highlighted, their place in the regulation of legal relations is defined. The main purpose of recommendations is to form the legal opinion of state authority abot the content and the order of execution of legal provisions. The authors make a conclusion that withdrawal of Antimonopoly Committee of Ukraine from its own legal position as to the practice of fine calculation, that is prescribed in recommended clarifications, provides the possibility to talk about the violation of one of the major principle of law — the principle of legal certainty. The proper realization of discretional competence is based on the compliance with the requirements of legality and adequacy of law enforcement decisions of empowered officials. With the purpose of improvement of current legislation, it is proposed to approve the Methodology for calculating the amount of fines by the Antimonopoly Committee of Ukraine for violation of the legislation on protection of economic competition. The adoption of such Methodological guidance for calculation of fines will increase the efficiency of national regulative provisions and goes completely in line with the provisions of Association Agreement between the European Union and Ukraine.

20. Judicial Review: Putting It All Together in Problem Answers

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter ties together the loose strands of judicial review to provide a checklist of issues that must be considered in order to diagnose a judicial review problem and to provide a legal opinion for clients. The following questions are addressed: What are judicial review problem questions designed to test? How does one approach a judicial review problem question? How does one approach whether the body may be judicially reviewed? How does one approach whether the client has standing or may intervene in an action? How does one approach whether the other preconditions are met? How does one approach the grounds for review? How does one deal with issues of remedy? How does one provide a final assessment to the client?

Legal Assistance of Government Law Office in the Procurement of Goods and Services

Procurement of goods/services is an activity to obtain goods/services by other Ministries/Institutions/Regional Work Units/Institutions whose process starts from planning needs to completion of all activities to obtain goods/services. The goods/service procurement activities are financed by the APBN/APBD, either carried out independently or by goods/service providers. The procurement of goods/services is essentially an attempt by the user to obtain or realize the goods/services it needs, by using certain methods and processes in order to reach an agreement on specifications, prices, time, and other agreements. The President of the Republic of Indonesia, in the process of dealing with the Covid-19 pandemic, has given instructions that were forwarded to the Deputy Attorney General for Civil and State Administration through circular number SE-02/G/Gs.2/04/2020 to carry out the stages quickly, precisely, focus integrated and synergistic among Ministries, institutions and local governments in the process of procuring goods and services. In the procurement process in an emergency, there are at least four important phases, namely planning, implementing, settling payments, and auditing. One of the duties and functions of the Junior Attorney General for Civil and State Administration is Legal Considerations consisting of Legal Opinion, Legal Assistance, and Legal Audit. Legal Assistance is a legal service provided by the State Attorney in the form of a legal opinion on an ongoing basis on an activity proposed by the Petitioner and ends with a conclusion on the provision of such Legal Opinion in the form of Legal Assistance Official Report.

Women Leadership from the Perspective of Hamka

The paper investigates Hamka’s viewpoints concerning issues of womens’ leadership and its legitimacy in political and social sphere. The research problem is to address Hamka’s legal opinion on the legitimacy of women leadership. In this regard it critically evaluates his religious and juristic views concerning the issues and comparing this with diverse opinions of Muslim scholars from various schools of thought that legitimize or denied womans’ right in assuming any leadership role. The study is based on descriptive, analytical and comparative method. It analyzed the arguments and standpoints of Hamka regarding the issue and comparing these with certain arguments brought forth in the modern and classical texts of Islam that either justified or refuted such claim. The study concluded that Hamka explicitly endeavors to reformulate and reconstruct the legal fatwa and ideas on womans’ leadership, based on Islamic principle and standpoint as represented in the revealed law and concrete rulings of shariah and its ethical precept and construct that outlines and suggests the ideal position that typically suit womens’ intrinsic nature for assuming the task of leadership.

AN OVERVIEW OF SELECTED MASLAHAH BASED FATWAS RELATING TO FAMILY LAW ISSUES IN MALAYSIA

Islamic law is primarily based on the Qur’an and the Sunnah of the Prophet (s.a.w). Due to the changes in place and time, there are occasions where new cases may not have clear and direct principles from the Qur’an and the Sunnah of the Prophet (s.a.w). Accordingly, solutions for new cases require the exercise of ijtihad and application of fatwa in establishing new rulings. This study deals with selected maslahah based fatwas on issues relating to family law in Malaysia. The study is undertaken in order to provide an overview on the issuance of maslahah based fatwa relating to family law issues, so that sound new rulings could be established for the benefit of the whole nation. Focus is made on fatwas that have been issued relating to child marriages, legitimacy of children and ascription of paternity, jointly acquired property and suckling relationships. In Malaysia, family matters fall under the jurisdiction of the state. Therefore, if a new case arises and it requires a legal opinion, a State based fatwa will be issued. The study adopts a qualitative research methodology based on available library-based materials. State fatwas are also referred to and examined. Finally, the article suggests improvements to the exercise of ijtihad and the issuance of fatwa in Malaysia.

Business Relationships between Corporations and Distributors: A Study of Petroleum Business Law in Indonesia

The paper aims to analyze the business relationship in LPG (Liquefied Petroleum Gas) distribution and marketing in Indonesia as it has an important and strategic role for most Indonesian people. By using a juridical and empirical approach, the results showed that Pertamina is a state-owned company that assigns LPG duties to the end-user. To reaches the end-user needed by another intermediary, namely an agent. The legal relationship between Pertamina and the agent is stipulated in the agency contract. Form the theory side, it is necessary to research whether the agency contract is based on the basic principles of agency law or not. The incompatibility of an agency contract with the basic principles of agency law caused the contract not to have legal force. The contribution of this research is its examination of the legal validity of the agency contract of Pertamina with the agent and to provide a legal opinion from the agency theory side which should be the basis for making agency contracts.