Jurnal Hukum Lex Generalis https://www.rewangrencang.com/ojs/index.php/JHLG <p>A Home Made Journal for Law Enthusiast</p> en-US jhlg@rewangrencang.com (Ivan Drago, S.H.) isverindonesia@gmail.com (Fazal Akmal Musyarri, S.H., M.H.) Mon, 22 Feb 2021 00:00:00 +0000 OJS http://blogs.law.harvard.edu/tech/rss 60 The Law Of Chemistry For Sexual Violence Against Children In Islamic Law Perspective https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/21 <p>Chemicals a punishment for perpetrators of sexual violence against children or pedophiles. Pedophilia is abnormal sexual behavior by making children the object of satisfying sexual desire. Data on sexual violence against children in Indonesia shows an alarming number. Such actions certainly injure human rights, especially child protection, and are contrary to statutory regulations. The state provides legal certainty and upholds justice through the existence and enactment of laws and regulations concerning child protection. One of the discourses regulated in it is about criminal sanctions for perpetrators of sexual violence against children in order to provide a deterrent effect and stop the act. Chemical castration is one of the criminal sanctions that threaten pedophiles. The procedure for this action is regulated more specifically in the Government Regulation of the Republic of Indonesia Number 70 of 2020. The adoption of this regulation as an implementer of the previous regulation reaps pros and cons from the community. The author's interest in researching this discourse from the perspective of Islamic law gives the answer that chemical castration punishment is a tadzir punishment. In determining punishment for an act, Islamic criminal law recognizes the existence of formal, material and moral considerations. Sexual violence against children is an act that is considered to have fulfilled these three elements so that it can be subject to punishment or Jarimah. Pedophile punishment is Jarimah tadzir, which is a sentence decided by a judge in order to provide education and preventive measures for the perpetrator from committing another crime.</p> Ahmad Habib Al Fikry Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/21 Mon, 22 Feb 2021 00:00:00 +0000 E-Islamic Law: A Culturizing Solution Of Islamic Law As A Steps To Torize The Objectives Of Islamic Law To Be Positive Law https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/24 <p>This research presents Islamic law's objectives that are chosen as the solution to be adopted. So, it should be contained as the positive law norm in Indonesia. In this research, the researchers used normative legal research methods and literature study, through a conceptual approach. Unfortunately, the societies' culture regarding the objectives of Islamic law is still weak and being problematic. Therefore, the researchers present the E-Islamic Law application as a culturalization medium to solve it. E-Islamic Law acts as a bridge, so the content of legal objectives will be a positive legal norm in Indonesia.</p> Winda Sari, Desi Fitriyani Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/24 Mon, 22 Feb 2021 00:00:00 +0000 Halfhearted Consensus: The Journey of Religious Courts Towards a One-Stop System (1999-2004) https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/26 <p>During the Reformation era, Islamic law had space in public. This was also strengthened by state policies to reform various aspects of life, including the field of law. The legal reform agenda provides room for strengthening Islamic law institutionally through the Religious Courts. In this case, the Religious Courts are to be integrated under the Supreme Court to end the dualism of guidance and dual supervision between the Supreme Court and the Ministry of Religion. In this study, the authors discuss the differences in views between the Religious Courts, the Ministry of Religion, and the Supreme Court in the process of integrating the Religious Courts under one roof. The method used is the historical method with a statutory approach. The main source used is the primary archive in the form of trial minutes of the Draft Law No. 35/1999 concerning Judicial Power, Draft Law No. 4/2004 on Judicial Power, magazines, and contemporary newspapers. The new findings in this article are the pros and cons of the integration process of the Religious Courts due to differences in interests among stakeholders. Thus, it is concluded that the factors of integration of the Religious Courts are not limited to the ideal basis for realizing judicial independence within the framework of reform, but are closely related to economic and political aspects.</p> Dian Kurnia Hayati Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/26 Mon, 22 Feb 2021 00:00:00 +0000 Press as a Pillar of Democracy in Islamic Perspective https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/25 <p>Democracy makes the press the most effective communication medium. In Islam, Qur’an has regulated how the press should move and develop. In the midst of the digital era, the diversity of communication and information networks naturally challenges the Islamic Press to be active and wise. The author wants to find out why the press is an important part of democracy and how the concept of the press is from an Islamic perspective. Through secondary data analysis, it was found that the press within the framework of democracy acts as a civic forum, government watchdog, and agent for mobilizing citizen support. The Islamic press has become a tool for educators (Muaddib), information officers (<em>Musaddid</em>), reformers (<em>Mujaddid</em>), unifier (<em>Muwahid</em>), and fighters (<em>Mujahid</em>). If the actors of the Islamic Press are able to maintain their potential and character, then the Islamic mass media will remain strong.</p> Josua Satria Collins Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/25 Mon, 22 Feb 2021 00:00:00 +0000 The Potential of Monopoly Practice in Merger of Three Sharia State-Owned Bank: An Islamic Economic Law Approach https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/22 <p>As one of the efforts to develop the market share of the sharia economy in Indonesia, the government merged three state-owned sharia banks, namely BNI Syariah, BRI Syariah, and Mandiri Syariah to expand the Islamic banking market. However, the bank merger attempt was disputed by a number of parties because it potentially violated the prohibition of monopoly practices. To find out the potential violations of the monopoly ban, this paper will analyze the merger of three Sharia banks based on monopoly regulation in Indonesia and Islamic economic law against monopolies. The results of the study were written descriptively with qualitative approaches obtained by juridical-normative methods. Based on the discussion that refers to the obtained data, it is concluded that the merger phenomenon has the potential to lead to monopoly practices.</p> Nabilah Anika -, Nabila Indah Chairunnisa -, Aditya Wahyu Saputro Copyright (c) 2021 Jurnal Hukum Lex Generalis https://creativecommons.org/licenses/by-sa/4.0 https://www.rewangrencang.com/ojs/index.php/JHLG/article/view/22 Mon, 22 Feb 2021 00:00:00 +0000